Month 2008-11 November
Meeting of 2008-11-04 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
NOVEMBER 4, 2008 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor John P. Purcell, Jr. Also
Mitchell, City Manager
Vincent, City Attorney
Hushbeck, City Clerk
COL Robert Bridgford, Fort Sill Liaison
Mayor Purcell called the meeting to order at 6:00 p.m. Notice of meeting and agenda
on the City Hall notice board as required by law. Invocation was given by Pastor Bill Todd,
Centenary United Methodist Church, followed by the Pledge of Allegiance.
Shoemate, Ward One
James Hanna, Ward Two
Janice Drewry, Ward Three
Jay Burk, Ward Four
Robert Shanklin, Ward Five
Haywood, Ward Seven
Warren, Ward Eight
Patton, Ward Six
PRESENTATION OF CITIZEN OF THE MONTH FOR NOVEMBER 2008 TO GERI
Sandra Kuntz, Chairman of the Mayor s Commission on that Status of Women announced
Geri Bankston has been named Citizen of the Month for November.
Mayor Purcell read a Certificate of Congratulations from the State of Oklahoma and
of Commendation from the Mayor s Office.
Ray Bitsche, 1610 NW 33
rd Street, stated he owns A&J Mobile Home Park. He is concerned
about the increased cost of the utility bills. In February his utility bill was $712.64 for fourteen
units. He stated this month he paid $1,217.13. He feels this increase is outrageous. He
residents on social security renting from him and they did not get paid until after the mail ran on
yesterday which was 4:00 p.m. He was five minutes late getting to City Hall and he had to
the payment in the drop box. He received a $121.71 late fee charge. He stated he needs some
Mayor Purcell stated he is unclear on what Mr. Bitsche is asking for.
Shanklin stated he feels the late fee was a little exorbitant, but he does note that
this is the code.
He does not know if any other councilors are getting calls, but he is. He stated he has
lower income area than the other wards. Mr. Bitsche had his money here on the due date but
staff did not pick it up until the next morning.
Mayor Purcell stated the City Manager will look into this issue.
Mr. Bitsche stated this is more than he can stand. He rents to those on low
income and social
security and it is just too hard to make ends meet. This is nearly double what he was paying. He
questioned if they were going to drop the increase when they get a surplus.
Mayor Purcell stated the City Manager will address the issue of the late fee.
CONSENT AGENDA: The following items are considered to be routine by the City Council
will be enacted with one motion. Should discussion be desired on an item, that item will be
removed from the Consent Agenda prior to action and considered separately.
MOVED by Warren, SECOND by Drewry, to approve the Consent Agenda as written. AYE:
Hanna, Drewry, Burk, Shanklin, Haywood, Warren, Shoemate. NAY: None. MOTION
1. Consider accepting the Quit Claim Deeds for the property
located at 2505 SW A Avenue,
2111 SW B Avenue, and 1610 SW Oklahoma Avenue, and authorize the Mayor and City Clerk
to execute the Quit Claim Deeds. Exhibits: Resolutions and Quit Claim Deeds.
2. Consider approving Agreement and Release with
Western Center for the Conservation of
Fine Arts (WCCFA) for restoration of the Politicians by Oklahoma Artist, DJ Lafon.
Exhibits: Agreement and Release on file in City Clerk s Office. Background on
Lafon on file in City Clerk s Office.
3. Consider approving a request to enter into a contract application
process with the Oklahoma
Highway Safety Office and the City of Lawton for an overtime reimbursement of Traffic
Enforcement and Project Under 21 (2M2L). It will also allow for the purchase of 2 in-car video
camera systems to be used for this enforcement project and allow for public information and
education events pertaining to it. This contract will be in conjunction with the Alcohol (D.U.I.)
Enforcement grant. Exhibits: Copy of the project contract application request in the amount
4. Consider approving and authorizing the Mayor to sign the
Agreement with AT&T, Inc. Exhibits: Non-Disclosure Agreement with AT&T.
5. Consider the sale of surplus Fire Engine/Pumper to the
Great Plains Technology Center.
6. Consider approving a credit adjustment in the amount of
$778.66 to Oliver Pinc s utility
account #2002242911 for the property at 2804 SW Woodlawn Road for an undetected,
underground leak on the customer s water service line. Exhibits: Billing statement from
Kephart Mechanical dated 07/18/08.
7. Consider approving the construction plans for sanitary
sewer and storm sewer improvements
located at 2401 East Gore Boulevard and approving a revocable permit for parking and
maneuvering on the utility easements. Exhibits: Location Map and Application.
8. Consider granting a revocable permit for parking and maneuvering
on utility easements
located at 3414 NW Cache Road. Exhibits: Location Map, Application and Revocable Permit.
9. Consider awarding (CL09-014) Redi-mix Concrete to Southwest
Ready Mix of Lawton, OK.
Exhibits: department recommendation, abstract of bids.
10. Consider approval of payroll for the period of October
20 November 2, 2008.
11. Consider an ordinance amending Section 22-4-1-415, Division
22-4-1, Article 22-4,
Chapter 22, Lawton City Code, 2005, by adding two additional areas to be serviced by the
automated refuse collection, providing for severability and declaring an emergency. Exhibits:
Ordinance 2008- ___ and Location Map.
Jerry Ihler, Public Works Director, stated a month ago an ordinance was passed which
those areas that would receive the 7,100 carts that were purchased as part of the budget. After
delivery of the carts were completed, there were approximately 300 carts that could be delivered
to another location. Staff chose the areas that were next on the list which were Brentwood
Addition, Waterford, Homestead and Tomlinson addition. They are adding about 280 carts.
MOVED by Drewry, SECOND by Hanna, to adopt Ordinance 08-66 waive the reading of the
ordinance, read the title only and declaring an emergency. AYE: Drewry, Burk, Shanklin,
Haywood, Warren, Shoemate, Hanna. NAY: None. MOTION CARRIED
(Title read by City Attorney) Ordinance
An ordinance pertaining to utilities amending Section 22-4-1-415, Division 22-4-1,
Chapter 22, Lawton City Code, 2005, by adding a fifteenth and sixteenth area to be serviced by
the automated refuse collection providing for severability, declaring an emergency.
12. Consider approving an ordinance pertaining to utilities
amending Section 22-2-1-215,
Division 22-2-1, Article 22-2, Chapter 22, Lawton City Code, 2005, as amended, by providing
for procedures whereby unexplained exceptional billings may qualify for utility account
adjustments, providing for severability, and declaring an emergency. Exhibits: Ordinance 08-____.
Rick Endicott, Finance Director, stated that at the last City Council meeting staff
was asked to
bring back an ordinance that will address the unexplained consumption issue. He stated they
have tried to mirror the leak adjustment ordinance. He stated the unexplained consumption must
be at least 150% more than the average bill. If the bill is an average of 2,000 gallons,
not qualify for staff to look at your bill as an unexplained consumption unless you use at least
3,000. He stated residents would be required to submit a written notarized statement
they did not consume this water. He stated staff will check the meter once the resident submits
the documentation. The consumer will be required to pay a bill adjusted to 150% of his monthly
average consumption. This average will be based on 12 months history. If that is not available
they will use three months and if three months history is not available, the resident would not
qualify. Only one adjustment for unexplained consumption will be allowed per account and an
account year is based on when the resident opened their account.
Haywood questioned what would happen if the meter is incorrect.
Endicott stated they will take care of those problems with an administrative adjustment.
Endicott stated if the calculated adjustment total is less than $500 staff would
take care of it
administratively as they do the leak adjustments and provide a summary to the City Manager. If
the total is $500 or greater it will come to the City Council. He stated the City Council had
requested this ordinance be retroactive and staff has tried to make it as clear as possible. Bills
with an ending reading period date of August 1, 2008 or later would be eligible.
Mitchell stated staff got into a discussion about if it is the date we print the
bill, mail the bill or
the date you receive the bill. They decided that if you go by the date that is on the face of
utility bill there will be no questions.
Burk stated he has a problem with the December 5
Mitchell stated this will give residents one month from today to apply for the retroactive
Endicott distributed a sample utility bill to show the location of the date.
Shanklin stated he has a constituent who had two months that were high and now she
He questioned how they would handle this. Will we cut her off? He thought staff was
allow her to pay this out.
Endicott stated staff will work with her on a payment schedule. They do this
all the time and
have done this for years.
Shanklin questioned if we could cut off someone will four or five kids in the house.
Vincent stated we do have the legal authority to turn them off for nonpayment of
bill after a
certain period of time. The resident has the option of taking us to court.
Shanklin questioned if anyone else has had complaints from residents about their
water bill. He
stated the City Council does not realize what they have done with raising these water bills.
Burk stated he does understand how much they have raised the water bill. He
was here for all of
the budget sessions and he does know what kind of a burden this is on people, but that is where
this Council and everyone else involved has to understand that if we do not get more economic
development in Lawton, how are we going to pay for things. We pay for this by adding things on
to the utility bill. He questioned if someone was a good customer for two years but they missed
the due date and they have a late fee. He questioned if staff can go back and look at their credit
history and see that they are a good customer and waive that late fee or cut off charge. We need
to be user friendly with our customers.
Endicott stated that every time a customer comes in with an issue with their bill,
the first thing
they do is look at their pay history. He stated staff does work with residents on the issues
Councilmember Burk just brought up, but no one ever hears about those cases. He stated they try
to be customer friendly, but they are also customer aware. Sometimes customers don t
understand all of the facts when they are talking to the City Council members. Facts may be a
Burk stated he had a constituent who pays his bill through automatic draft. He
questioned if we
will ever be able to pay bills on line.
Endicott stated they are trying to move towards automation, but yet no one wants
to raise the
water bills and this would be a $10 - $11 million venture of getting everything automated. This
would help staff do their jobs better if they could have on line service.
Burk stated this constituent had a $75 automatic withdrawal go straight to the City
month. After the water rates increased, $75 was not enough to cover his bill. He never checks
the bill and does not look at the notices and then his water is cut off.
Endicott questioned whose responsibility was that?
Burk stated he is not saying this person was not at fault, but when they come in
to say that they
didn t pay that bill, he was made to put up a deposit and reconnect charge.
Endicott stated those are all addressed in the city code.
Burk stated that is where he feels they need to make some adjustments. In these
kinds of cases,
staff needs to be able to look at that history.
Endicott stated staff is customer friendly and they do the best job they can within
they have available to them.
Burk questioned if there is something currently in place where staff could have waived
Endicott stated under certain criteria they can do that.
Burk stated he get the impression from staff in Revenue Services that they did not
Endicott stated they do not. He and the City Manager have that authorization.
Mayor Purcell questioned why the amount didn t go up to cover the bill if this
was an automatic
Burk stated it is more like a check pay which paid the same person the same amount
month. He stated the person agreed they were at fault, but he wanted to make sure that staff was
able to do their job.
Endicott stated staff does have the ability to take care of 99.9% of these issues
without having to
come to City Council. He stated they also need that support from the City Council to say that
they are doing what they need to be doing.
Burk stated these things need to be done without having to come to Council with every
thing that goes on in this city. He does not want to micromanage.
Shanklin stated the paper stated that water revenues were up 41.08% or $1,241,585
August and September.
Endicott stated that was compared to those months last year which did not include
rate. They need to also look at the budget adopted by the City Council for 2008-2009.
Shanklin questioned if those figures extended in this budget.
Endicott stated the current budget was adopted based on these numbers.
Shanklin stated he wanted to see those numbers.
Drewry stated the expenditures were increased in this years budget.
Endicott stated that they have collected almost 25% of the anticipated revenue that
appropriated and adopted in the budget process. There is no profit or surplus of funds out there.
MOVED by Drewry, SECOND by Warren, to adopt Ordinance 08-67 waive the reading of the
ordinance, read the title only, and declaring an emergency. AYE: Burk, Shanklin, Haywood,
Warren, Shoemate, Hanna, Drewry. NAY: None. MOTION CARRIED
(Title read by City Attorney) Ordinance
An ordinance pertaining to utilities amending Section 22-2-1-215, Division 22-2-1,
Chapter 22, Lawton City Code, 2005, as amended, by providing for procedures whereby
unexplained exceptional billings may qualify for utility account adjustments, providing for
severability, and declaring an emergency.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
Shoemate stated he would like to correct anyone who felt he should not have voted
on the KCA
item at the last City Council meeting. He stated he has not been on that board in five years.
There being no further business to consider, the meeting adjourned at 6:45 p.m. upon
second and roll call vote.
/s/ John P. Purcell, Jr.______________
JOHN P. PURCELL, JR., MAYOR
TRACI HUSHBECK, CITY CLERK