MINUTES

LAWTON CITY COUNCIL REGULAR MEETING

APRIL 27, 2010 –  6:00 P.M.

WAYNE GILLEY CITY HALL COUNCIL CHAMBER

Mayor Fred L. Fitch                    Also Present:

Presiding                        Larry Mitchell, City Manager

                            Tim Wilson, Acting City Attorney

                            Traci Hushbeck, City Clerk

COL Ray Lacey, Fort Sill Liaison

Mayor Fitch called the meeting to order at 6:00 p.m. Notice of meeting and agenda were posted on the City Hall notice board as required by law.   Invocation was given by Minister Rodger Schwenn, Sullivan Village Church of Christ, followed by the Pledge of Allegiance.

ROLL CALL

PRESENT:                Bill Shoemate, Ward One  

Michael Tenis, Ward Two

Janice Drewry, Ward Three

Jay Burk, Ward Four

Robert Shanklin, Ward Five

Richard Zarle, Ward Six                    

Stanley Haywood, Ward Seven    

                    Doug Wells, Ward Eight

ABSENT:                    None

PROCLAMATION FOR OKLAHOMA CENTER FOR THE ADVANCEMENT OF SCIENCE AND TECHNOLOGY

Mayor Fitch proclaimed April 2010 as Oklahoma Science and Technology month and presented the proclamation to Mark Ashton.  

AUDIENCE PARTICIPATION:  

Andrea Decker, 2720 SW J Avenue, publicly commended the Mayor for appointing a committee to look at the proposed bike path with regards to Ferris Avenue.  She thanked Councilmembers Drewry and Tenis for serving on this committee and for making the right decision.

Tammy Porter, 914 SW 60 ^th Street, requested that the old Coca-Cola plant be spared from demolition.   She would like it to become a memorial and tribute to her family who brought the plant to Lawton in 1910.  She feels the building can be saved if donations are raised to restore the building and make it a museum.

Mayor Fitch stated the Coca-cola plant is located in tract 3 of the downtown redevelopment project.   He stated numerous groups within this community have brought this to his attention.  The facility is dilapidated and filled with asbestos, but they have not given up on the idea of seeing what can be done with the original red brick building.  He stated they understand the importance of a historic structure that can be saved within this community and the fate of this building has not been determined.

David King, 8509 SW Bishop, stated it is highly inefficient to pick up the branches around town in the ten-wheeler trucks.  He would like to use the wood chips on some of his farms south of town.  His vision would be to chip the branches on site, load the trucks and haul several thousand pounds of chips to a specific site where residents could use them.  He feels that burning the branches does not make any sense when we need to be a little greener.  He does not feel it would be hard to find places to store the chips.

Wells questioned if the county was chipping the branches.

Mr. King stated the county is also burning their branches.  He pictured bringing in a tub grinder down the street and dropping in the branches with a grappler and blowing the chips into a ten-wheeler.  

Mayor Fitch stated the City does have a proposed agreement with Comanche County on the agenda tonight to finish picking up the remainder of the branches across town.

Mike McNeal, 2138 NW Carroll Avenue, stated chipping in a couple of ten-wheelers will move the remaining limbs out of the city in about a third of the time at a fifth of the cost. The City of Lawton could bag the chips and sell them.

Debra Rainwater, 5701 NW Ash Avenue, stated she has gang activity across the street from their home.  She stated they have talked to the prosecutor, the landlord of the home, animal welfare, neighborhood services and the police numerous times.  She stated they do not know where else to go.  The people breed pit bulls and have garbage in their yard. Animal welfare told them they cannot do anything about the pit bulls until something actually happens.  She and her husband have put up security cameras and a privacy fence. They have had graffiti on their house and fence.  She does not know what else they can do.

Wells stated this is his ward and this is the first time he has heard of this.

Mr. Rainwater stated this has been going on for four years.

Wells requested that they call him next time there is a problem.

Mrs. Rainwater stated that they breed the pit bulls constantly.  You can stand in the street and smell the dogs.  She stated the landlord says he cannot do anything because he is afraid of being sued because the mother that lives there is deaf.  She stated every cop they talk with, all you have to say is the name “Rodriguez”, and they know who you are talking about.

Shanklin questioned if the dogs were running wild.

Mr. Rainwater stated they have six pit bulls right now and they constantly jump the fence.

Tenis stated the dogs cannot be running wild.  He questioned who told them the City cannot do anything about the dogs.

Mrs. Rainwater stated it was Pablo something.  She stated Animal Control put down one dog that was chasing a little boy, but she was told that they have to see something happening.  

Mr. Rainwater stated they were told something could be done if they had pictures or video.  The dogs have had them trapped in their car and their house.  He had all of this in pictures and video, but he was then told they had to physically see it happening.

Wells stated they will look into the problem and get an answer.

CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL REGULAR MEETING OF APRIL 13, 2010.

CONSENT AGENDA: The following items are considered to be routine by the City Council and 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.

Mayor Fitch stated item #8 has some incorrect figures in the agenda item commentary.

Tenis requested items #1 and #6 be considered separately.

1.    Consider the following damage claims recommended for approval and consider passage

of the resolutions authorizing the City Attorney to file a friendly suit for the claims which are over $400.00:  AT&T Telephone L.P. in the amount of $16,342.30 John and Roeta Skinner in the amount of $850.00 and Michelle Mendoza in the amount of $3,654.19.  Exhibits:  Legal Opinions/Recommendations, Resolution No.___, Resolution No.___ and Resolution No.____.                                       

Tenis stated he has a question about the Mendoza claim.  He stated they are talking about a sewer main that is clogged up with grease.  He questioned if there was a restaurant in the area dumping all that grease.

Burk stated there is a lot of grease that comes from residential.  It is not only grease from food, it is also residue from soaps and things like that which collect in the sewer.

Jerry Ihler, Public Works Director, stated the majority of the sewer backups are the result of grease.  Most of these occur in areas where there are apartment complexes or restaurants close by.   He stated the grease is washed down the sink with hot water, but it hardens in the pipe and creates a huge blockage.

Tenis questioned if we had any type of proactive plan.

Ihler stated there are grease trap ordinances for all of our restaurants, public schools, and those that are big users and cook a lot of food.  He does not believe that apartment complexes are required to have grease traps.

Tenis stated we may need to look at that.

2.    Consider adopting a resolution ratifying the action of the City Attorney and the City Manager in directing our third party administrator to make payment on the judgment in the Workers' Compensation case of Keenon Davis in the Workers' Compensation Court, Case No. 2009-08132H.  Exhibits: Resolution No. 2010-37.                     

3.    Consider approving a credit adjustment in the amount of $620.30 to God’ s Family Community Church’ s service account #00000321 for the property at 2303 NW 49 ^th Street for an undetected, underground leak on the customer’ s water service line.  Exhibits: Statement from Pastor Daniel A. Martin and     Invoice from Charlie’ s Plumbing.      

4.    Consider approving a credit adjustment in the amount of $590.23 to Kareena Jackson’ s utility account #00017691 for the property at 2814 SW H Avenue for an undetected, underground leak on the customer’ s water service line.  Exhibits: Repair statement from Robert’ s Repair Master Plumbing dated 12/08/09.                    

5.    Consider approving a credit adjustment in the amount of $624.58 to Raymond Campbell’ s utility account #00024990 for the property at 803 SW 4 ^th Street for an undetected, underground leak on the customer’ s water service line.  Exhibits: Repair statement from Tim Goodman, licensed plumber.                             

6.    Consider approving an Agreement between Comanche County and the City of Lawton for tree and limb clean up operations, including the monitoring thereof, from the January 28, 2010 through January 30, 2010 Ice Storm and authorizing the Mayor and City Clerk to execute the agreement.  Exhibits: Agreement is on file with the City Clerk.                    

Tenis stated that one of the conditions of the agreement is that we have to lease a site for $4,000 a month when we already have the landfill and two other sites.

Ihler stated the agreement says that the county will take over the remainder of monitoring and picking up the debris.  Therefore we are utilizing the county’ s debris and disposal sites.  In order for us to receive public assistance, FEMA wants us to utilize the contract monitors and disposal sites from the county’ s project.  The closest site is at 60 ^th and Lee Boulevard.   He stated the contractor anticipates starting on Thursday, and we are required to shut down our sites.  We cannot pick up simultaneously with the county’ s contractor.  The contractor is starting between Sheridan and 67^th, starting at Rogers Lane working their way south.  Time frame is to do two passes through the city by mid June. The contractor will start out with four trucks and as they finish their passes through the county, they will be adding more trucks to the pick ups in the city limits.

    

7.    Consider accepting the Abandoned WWTP Demolition Phase 1 Sludge Removal Project #2009-3 as constructed by Basin Environmental and Safety Tech and placing the Maintenance Bond into effect.  Exhibits: None.                            

8.    Consider accepting a warranty deed and a temporary easement from Cynthia Davis Niven and Robert E. Foerster Jr. for right of way needed for the NW 38 ^th Street (Gore Blvd. to Cache Road) Project #2006-7, authorizing the Mayor and City Clerk to execute the documents and authorizing payment for the same. Exhibits: Warranty deed and temporary easement are on file in the City Clerk's office.                                    

Mitchell stated there is an incorrect number in the agenda item commentary.  Under staff recommendation it states the payment will be $23,783.  That number should read $13,200.

9.    Consider approving the construction plat for Rose Creek Addition, Part 1, subject to conditions.  Exhibits: Plat Map.                                    

10.    Consider approving the record plat for The Meadows and accepting the improvements and maintenance bond.  Exhibits: Plat Map.  Maintenance Bond on file in the City Clerk’ s Office.                                                        

11.    Consider acknowledging receipt of Tier I permits from the Oklahoma Department of Environmental Quality for the construction of 318 linear feet of 8-inch PVC waterline, 267 linear feet of 8-inch PVC sanitary sewer line, and all appurtenances to serve the Replat of Block 9, Eastlake Addition, Part 2, located approximately ½ mile east of NE Flower Mound Road, north of NE Cache Road in the SW/4 of Section 22, T2N, R11W, Comanche County, Oklahoma.  Exhibits: Permits to Construct on file in the City Clerk’ s Office.                                                            

12.    Consider awarding (CL10-035) Mowing & Littering Contract Areas B, D & E to Teen Challenge of Oklahoma of Cache, OK.  Exhibits: Department recommendation, abstract of bids.                                         

13.    Consider approving appointments to boards and commissions.  Exhibits: None.     

Tony Layton    Alvis Kennedy

15 SW B Avenue    510 NW 9 ^th Street

Lawton, Oklahoma 73501    Lawton, Oklahoma 73501

05/25/13    05/25/2013

Raymond E. Jackson

3113 NW Kinyon

Lawton, Oklahoma 73505

5/26/16

Albert Johnson

118 NE Bell Drive

Lawton, Oklahoma 73507

04/28/13

Alvis Kennedy

510 NW 9 ^th Street

Lawton Oklahoma 73507

05/25/13

Sally Cote    Pamela Scoggins Bonnell-Mihalis

1809 NW 32 ^nd Street    1624 NW 38^th Street

Lawton Oklahoma 73505    Lawton Oklahoma 73505

05/31/12    05/31/12

14.    Consider approval of payroll for the period of April 5 - 18, 2010.   

NEW BUSINESS ITEMS:

15.    Hold a public hearing to consider the Consolidated One-Year Action Plan for FFY 2010, receive input from citizens, and provide input for development of the plan. Approve the plan and pass Resolution #10-______ authorizing the execution of the plan and authorizing the Mayor and City Clerk to execute the implementing documents necessary to implement the Consolidated One-Year Action Plan for FFY 2010.  Exhibits: Resolution 10-____.  A copy of the Consolidated One-Year Action Plan for FFY 2010 (Draft) is on file at the City Clerk’ s Office.                                   

Tim Libby, Acting Assistant Director for Housing and Community Development, stated since the workshop on April 20 ^th, staff has had an additional request for funding for the Anti-Gang Street Interdiction Project.  They have requested $8,000 because they will run out of funding before the end of the fiscal year.  He stated a member of the program is in attendance.  If the Council agrees to fund this request, reduction in funding will need to be made from the other public service programs.   He has reduced $1,500 from each of the counseling agencies, $750 from Teen Court and the Volunteer Health Clinic and $1,000 from each of the shelters to total the $8,000 requested by Interdiction Project.  

Shanklin questioned if the other programs are willing to share to fund this additional project.

Libby stated they are not, but they will address the issue in the public hearing.

Zarle stated he would like to hear from someone with the Interdiction Project.

PUBLIC HEARING OPENED.

Brian Pack, Gang Outreach Intervention worker for Marie Detty Youth and Family Services, stated they were concerned when they received the grant from the state.   They have intervened with over 1,200 youth over the past couple of years trying to keep them out of gangs.  They feel that the additional funding to plan educational and informative events would greatly help out.  This will also give them the ability to plan for incentive awards and activities for the youth.  They need to involve the kids in occasional activities.

Tenis stated he understood this additional funding was for intervention for young female gang members.

Mr. Pack stated no, this is not gender based.  He stated they are looking at bringing in a female outreach worker because of the large number of female gang members that they are seeing in the community.

Shanklin stated the City Council has $8,000 in a contingency fund and they could fund this request.  He questioned if this was a worthy cause.

Libby stated yes.

PUBLIC HEARING CLOSED.

Haywood stated they are doing a great job and this is a worthy cause.

Wilson stated to clarify the motion, this is to approve the resolution with $8,000 from City Council contingency to fund this extra organization.

16.    Consider adopting a resolution to participate in the National League of Cities (NLC) Prescription Discount Card Program and work with NLC and CVS Caremark to implement the program to the benefit of the residents of the City of Lawton.  Exhibits: Resolution No. 10-____, Prescription drug discount card, Prescription drug discount poster and Prescription drug discount program brochure/summary.                     

Mitchell stated last year at the National League of Cities conference they learned about a program that provided cost savings to residents through a drug prescription program sponsored by CVS Pharmacy.   He stated Ardmore started this program about a year and a half ago and they have generated about $90,000 in savings to the citizens in that community.   This is not a city health insurance program, this card is available to people regardless of income that either do not have insurance or their insurance does not cover prescription drugs.   The enrollment is free and they have asked the Comanche County Health Department to be an active partner in this program and they have agreed to help distribute the cards.  He stated we could also distribute the cards through the Department of Human Services.  Even though this is sponsored by NLC and CVS Pharmacy, 9 out of 10 pharmacies recognize and participate in the program.  He stated it has been offered to residents in 400 cities in 46 states.  He stated there is no cost to the City of Lawton, we are just an agency sponsor for the program.

Mayor Fitch questioned how the program will be marketed to the community.

Mitchell stated there will be press releases sent out and table top displays will be placed around pharmacies, doctor’ s offices, etc.   

Jim Russell, Acting Human Resources Director, stated the table top displays contain flyers and the top part of the flyer is the membership card.  Each card has a unique identification number and they just turn the card into the pharmacist and they automatically receive the savings.

Shoemate questioned if the information could go out with the water bills.

Shanklin questioned how the City would qualify.

Mitchell stated we would qualify because we are a municipality and we are members of NLC.

Tenis questioned if the City is going to get hoodwinked with this.

Mitchell stated the proof is that cities have been participating since January 2009 and National League of Cities would have sent out some kind of alert if there would have been a problem.  He stated if they find that a pharmacy in town is not on the list, he believes there is a way that they can register with NLC to be a participating pharmacy.

17.    Consider an ordinance amending Section 19-2-240, Article 19-2, Chapter 19, and Lawton City Code, 2005, pertaining to requiring operators of vessels to submit to drug and alcohol testing following an accident involving death or great bodily injury, providing for severability, and declaring an emergency.  Exhibits: Ordinance 2010-___.                

Wilson stated in November 2009 state law went into effect that requires operators of water vessels who are involved in an accident that results in immediate death or great bodily injury of a person be required to submit to drug and alcohol testing as soon as possible after the accident.  This ordinance will amend the city code to incorporate that provision.

Tenis stated this only affects those accidents with death or injury.  He questioned what would happen if someone just runs into another boat.

Wilson stated if someone is out on the lake and they are involved in an incident and the lake officers actually see them, they can still be cited for DUI.

 (Title read by City Attorney)                    Ordinance 10-16

An ordinance amending Section 19-2-240, article 19-2, Chapter 19, Lawton City Code, 2005, pertaining to requiring operators of vessels to submit to drug and alcohol testing following an accident involving death or great bodily injury, providing for severability, and declaring an emergency.

18.    Consider an ordinance creating Section 16-6-1-622, Division 16-6-1, Article 16-6, Chapter 16, Lawton City Code, 2005, pertaining to making it unlawful for any person who has reason to believe that a sex offender is in violation of the registration requirements of the Sex Offenders Registration Act to intentionally assist the sex offender in eluding arrest, providing for severability, codification, and declaring an emergency.   Exhibits: Ordinance 2010-___.                                

Wilson stated in November 2009 the state legislature passed a law making it a misdemeanor for an individual to unlawfully assist a sex offender from eluding the requirements of the sex offender’ s registration act.  This incorporates that same penalty into our city code.

 (Title read by City Attorney)                    Ordinance 10-17

An ordinance creating Section 16-6-1-622, Division 16-6-1, Article 16-6, Chapter 16, Lawton City Code, 2005, pertaining to making it unlawful for any person who has reason to believe that a sex offender is in violation of the registration requirements of the sex offenders registration act to intentionally assist the sex offender in eluding arrest, providing for severability, codification, and declaring an emergency.

19.    Consider an Ordinance repealing Section 4 of Ordinance 09-41 and creating Section 19A-1-2-131, Division 19A-1-2, Article 19A-1, Chapter 19A, Lawton City Code, 2005,  establishing minimum post-construction stormwater management requirements and controls in compliance with the National Pollution Discharge Elimination System Permit and state and federal regulations, providing for severability, codification, and declaring an emergency.  Exhibits: Ordinance 2010-___.                            

Wilson stated on December 15, 2009, the City Council passed Ordinance 09-41 that created a new section in the city code, but there was an error in the numbering which was caught by MuniCode when the ordinance was codified.

 (Title read by City Attorney)                    Ordinance 10-18

An ordinance repealing Section 4 of ordinance 09-41 and creating Section 19A-1-2-131, Division 19A-1-2, Article 19A-1, Chapter 19A, Lawton City Code, 2005, by establishing minimum post-construction stormwater management requirements and controls in compliance with the national pollution discharge elimination system permit and state and federal regulations, providing for severability, codification, and declaring an emergency.  

20.    Receive a report on the City’ s financial condition for the 3 ^rd Quarter of Fiscal Year 2009-2010, and provide direction to staff.  Exhibits: None.                        

Rick Endicott, Finance Director, stated they have collected 75.65% of the general/enterprise fund.  City sales tax is up $326,000 or 2% compared to last year and have collected 72% of budgeted revenue.  Franchise tax is down $321,000 or 16% compared to last year and we have collected almost 55%.   He stated on the AEP bill there is a fuel rate surcharge and they have collected more than they needed to so they have started crediting back the fuel surcharge, so the franchise fee is based on the net amount.   We are actually getting less franchise fees but our electric bills are lower.  He stated now the fuel surcharge is going back up.

Shanklin questioned if the entire budget is on line with what was budgeted.

Endicott stated they are right on target with general/enterprise fund.  He stated the general fund revenue is lagging behind a little bit but the enterprise revenue picked up substantially.

Endicott stated police fines and bonds are up $33,806 or 1.79% and we have collected 71% of that revenue.  All other general fund revenue is up about $61,000 over last year and we have collected 66.6% of that revenue.  Enterprise water revenue is up $1,250,670 or 13%, sewer revenue is up %936,808 or 19%, refuse is up $900,140 or 18.32% and landfill revenue is up $798,491 or 69.38%.  All of these categories are at 75% or greater than the budgeted number.  He stated we are treating 1 million gallons a day more than we were last year and also he believes the accuracy of the new meters has brought in 10-14% more revenue.  He stated he also believes the increase is also a result of a lot more apartment complexes in town.   He stated the landfill revenue increase is attributed to the storms where the roofs are being replaced.  

Mayor Fitch stated he feels they still need to be cautious when they get to looking at the budget.

Wells questioned if they are going to pick up 4% more in the next quarter.

Endicott stated based on what they are seeing, the water revenue should be the big indicator here.  He does not see sales tax doing much in the next quarter.   He stated they will probably be at 105-106%.

Tenis questioned if there has been a pretty steady increase this year.

Endicott state yes.

COL Lacey stated the housing service office did a survey comparing last month of this year and last month of last year and there was 400 less properties on the market being advertised through their housing referral network.  The housing market in Lawton is tight and he attributes that to the steady growth at Fort Sill.

Endicott stated general fund expenditures are right at 74% and enterprise expenditures are at 64%.  

REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER

Mayor Fitch stated at the request of Councilmembers Tenis and Wells, he will appoint Tenis and Wells to an ad hoc committee to look into an EMT service within the city.  He suggested they look at other cities our size, the cost associated with the equipment and if this is a revenue generator.  He stated they should seek the opinion of the Fire Chief. There was a study done in 2007 and the committee determined this was cost prohibitive.

Tenis stated the first thing they want to look at is reimbursement for the firefighters who clean up wrecks.

Wells stated they are not talking about starting out with ambulance service, but there are a lot of cities that are charging for medical and fire run services.  He stated it used to be that 90% of the runs are medical runs and in a lot of those cases they already have the patients ready to be transported by the time the ambulance arrives.  They are getting paid and we are doing to majority of the work, so we should be able to bill for some of these services.

COL Lacey stated they will be planting trees tomorrow at 10:00 a.m. and later in the afternoon at 1:30 p.m. they will be having the CG’ s challenge.  The Fort Sill garage sale will be held on Saturday, May 1st.

Shoemate thanked those councilmembers and staff who participated in the trash off last Saturday.  He stated he is frustrated because as quickly as they pick it up, trash is being thrown out again.  He questioned if there was some way to encourage business owners to assign one of their employee the task of spending twenty minutes in the morning to pick up in front of their business.  He stated the state used to have a program where you would call in when you saw someone litter and the state would send them a letter.  He would like to see the city initiate a program like that.  They really need to do something about the litter.

Tenis stated he was very impressed with the organization of the trash off event.  He thanked everyone who participated.

Burk stated it is great to see so many things going on in the city.   He thanked staff for working so hard to make this event a success.  He encouraged citizens to pick up the $25 certificates for purchase of a tree.

Wells requested that the RV committee get together for a meeting. He requested the City Manager gather some information on Mrs. Rainwater’ s complaint regarding the home on Ash.

Mitchell stated staff is filing an application with the National League of Cities for a national award with regards to our new regional public safety facility.

Wells questioned if anyone has contacted Coca-Cola in Atlanta about the preservation of the plant here.

Mayor Fitch stated that they do not even own the building anymore and he believes that Mrs. Porter has already contacted them.

There being no further business to consider, the meeting adjourned at 7:35 p.m. upon motion, second and roll call vote.

                            ____ /s/ Fred L. Fitch___________________    

FRED L. FITCH, MAYOR

ATTEST:

____ /s/ Traci L. Hushbeck_____________

TRACI HUSHBECK, CITY CLERK