Council Chambers Municipal Building December 8, 2020
The McAlester City Council met in a Regular session on Tuesday, December 8, 2020, at 6:00 P.M. after proper notice and agenda was posted, December 4, 2020, at 8:20 A.M.
Pastor Glenn Meyer, Trinity Lutheran Church gave the invocation and lead the Pledge of Allegiance.
Call to Order
Mayor Browne called the meeting to order.
Roll Call
Council Roll Call was as follows:
Present in Person: Weldon Smith, Cully Stevens, Steve Cox, James Brown, Billy Jack Boatright, Zach Prichard & John Browne
Absent: Zach Prichard
Presiding: John Browne, Mayor
Staff Present: Pete Stasiak, City Manager, Jayme Clifton, Community Development Director; Sherri Swift, CFO; Stephanie Giacomo, Grant Administrator/PIO; Eric Wisor, Risk Management/Safety Officer; William J. Ervin, City Attorney and Cora Middleton, City Clerk
Citizens Comments on Non-Agenda Items
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to five (5) minutes.
Brecken Wagner addressed the Council regarding concerns he had regarding the current practice of body cam misuse by the McAlester Police Department.
Consent Agenda
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.
A. Approval of the Minutes from the November 24, 2020, Regular Meeting of the McAlester City Council. (Cora Middleton, City Clerk)
B. Approval of Claims for November 18, 2020 through December 1, 2020. (Sherri Swift, Chief Financial Officer) In the following amounts: General Fund - $103,132.47; Nutrition - $583.41; Landfill Reserve/Sub-Title D - $4,470.00; Employee Retirement - $11,235.00; Tourism Fund - $16,768.93; SE Expo Center - $554.72; E-911 - $1,496.01; Economic Development - $7,640.31; Grants & Contributions - $38.03; Fleet Maintenance - $7,243.57; Worker’s Compensation - $1,750.00; CIP Fund - $42,712.39; Stormwater Fund - $14,054.13 and Infrastructure Fund - $374,015.61.
C. Consider and act upon, a $250 one-time net pay for all full and part-time regular employees. (Peter Stasiak, City Manager)
D. Concur with the Mayor’s appointment of Gladys Strickland to the Housing Authority Committee to replace Ms. Donna Hobbs. (John Browne, Mayor)
E. Concur with the Mayor’s appointment of Jeremy Spiegel to the Planning & Zoning Commission to replace Ms. Michelle Mabray. (John Browne, Mayor)
AYE: Councilmembers Smith, Boatright, Stevens, Cox, Brown & Mayor Browne NAY: None
Mayor Browne declared the motion carried.
A motion to open a Public Hearing to address two (2) proposed ordinances was made by Councilman Smith. The motion was seconded by Vice-Mayor Brown, and the vote was taken as follows:
AYE: Councilmembers Smith, Brown, Stevens, Cox, Boatright & Mayor Browne NAY: None
Mayor Browne declared the motion carried, and the Public Hearing was opened at 6:08 P.M.
Public Hearing
All persons interested in any ordinance listed under Scheduled Business shall have an opportunity to be heard in accordance with Article 2, Section 2.12(b) of the City Charter
AN ORDINANCE OF THE CITY OF McALESTER, OKLAHOMA, AMENDING ORDINANCE NO. 2687 WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2020-2021; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY
AN ORDINANCE OF THE CITY OF MCALESTER, OKLAHOMA; AMENDING MCALESTER CITY CODE CHAPTER 94, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, SECTION 94-91 OBSTRUCTION BY TREES OR SHRUBS, GRASS ON SIDEWALKS; REPEALING ALL CONFLICTING ORDINANCES, AND PROVIDING FOR SEVERABILITY. (2nd Reading)
There was no discussion or comments from citizens, and Councilman Smith moved to close the Public Hearing. The motion was seconded by Vice-Mayor Brown, and the vote was taken as follows:
AYE: Councilmembers Smith, Brown, Cox, Boatright, Stevens & Mayor Browne NAY: None
Mayor Browne declared the motion carried, and the Public Hearing was closed at 6:08 P.M.
Scheduled Business
1. Consider and act upon, authorizing the City Manager to accept a 2020 Justice Assistance Grant Local Law Enforcement award from the Oklahoma District Attorneys Council in the amount of $9,595.00 towards the purchase of hand-held radios for the McAlester Police Department. (Stephanie Giacomo, Grant Administrator)
Executive Summary
Staff recommends acceptance of the grant award and conditions and authorizing the City Manager to execute the agreement with the Oklahoma District Attorneys Council.
Grant Administrator Giacomo addressed the Council explaining that this grant had been applied for and was approved for the purchase twelve (12) hand-held radios for the McAlester Police Department. She added that the grant was in the amount of $9,595.00.
There was no discussion, and a motion was made by Cox to accept the grant award and conditions and authorize the City Manager to execute the agreement with the Oklahoma District Attorney’s Council. The motion was seconded by Councilman Smith, and the vote was taken as follows:
AYE: Councilmembers Cox, Smith, Brown, Boatright, Stevens & Mayor Browne NAY: None
2. Consider and act upon, an Ordinance amending Ordinance No. 2687 which established the budget for fiscal year 2020-2021; repealing all conflicting ordinances; providing for a severability clause; and declaring an emergency. (Sherri Swift, Chief Financial Officer)
Executive Summary
A Motion to approve the budget amendment ordinance.
CFO Swift addressed the Council reviewing the exhibits to the proposed ordinance. During her review Ms. Swift explained that this amendment to the FY 20/21 Budget was to put money into departments because employees were coming back to work.
There was a brief discussion concerning the contingency pay and if this amendment would affect Fund balance.
ORDINANCE NO. 2703
AN ORDINANCE OF THE CITY OF McALESTER, OKLAHOMA, AMENDING ORDINANCE NO. 2687 WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2020-2021; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY.
A motion to approve ORDINANCE NO. 2703, was made by Councilman Smith. The motion was seconded by Councilman Boatright, and the vote was taken as follows:
AYE: Councilmembers Smith, Boatright, Stevens, Cox, Brown & Browne NAY: None
Mayor Browne declared the motion carried.
Councilman Smith moved to approve the EMERGENCY CLAUSE. The motion was seconded by Vice-Mayor Brown, and the vote was taken as follows:
AYE: Councilmembers Smith, Brown, Stevens, Cox, Boatright & Browne NAY: None
Mayor Browne declared the motion carried.
3. Consider and act upon, the final payment in the amount of $357,185.61 to APAC Central, Inc. for the Street Overlay Project and accept the project as completed. (George Marcangeli, Public Works)
Executive Summary
The recommendation is to accept the final invoice in the amount of $357,185.61 from APAC Central, Inc. for the Street Overlay Project and accept the project as completed.
Manager Stasiak addressed the Council explaining that the original bid from APAC Central, Inc. had been based on an estimated amount of 5,212 tons of asphalt at a price of $107.30 per ton for an initial contract amount pf $559,247.60. He explained that Change Order No. 1 had increased the amount of asphalt needed by 450 tons and increased the price to $607,532.60. He added that upon completion and final inspection the actual amount of asphalt used was 5,108.83 tons for a total of $548,177.46. He stated that this resulted in a credit of $59,355.20.
There was discussion regarding the drop into the citizens drives, who was responsive to correcting that problem, having engineering look at to prevent future problems, the normal paperwork that was included in the agenda packet and who had inspected and signed off on the project as completed.
There was no further discussion, and a motion to accept the final invoice in the amount of $357,185.61 from APAC Central, Inc. for the Street Overlay Project and accept the project as completed was made by Councilman Smith. The motion was seconded by Councilman Boatright, and the vote was taken as follows:
AYE: Councilmembers Smith, Boatright, Stevens, Cox, Brown & Browne NAY: None
Mayor Browne declared the motion carried.
4. Consider and act upon, an ordinance of the City of McAlester, Oklahoma, amending McAlester City Code Chapter 94, Streets, Sidewalks and Other Public Places, Section 94-91 Obstruction by Trees or Shrubs, Grass on Sidewalks; repealing all conflicting ordinances, and providing for severability. (Jayme Clifton, Community Development Director)
Executive Summary
Motion to approve an ordinance amending Section 94-91 Obstruction by Trees or Shrubs, Grass on Sidewalks; repealing all conflicting ordinances and providing for severability.
Director Clifton addressed the Council explaining that this was the second reading of this proposed ordinance and approval would establish guidelines for the citizens.
There was discussion regarding how the City would make this equal for all citizens, this proposed ordinance not putting in place enforcement just guidelines, how the citizens would be notified if the proposed ordinance was adopted and working on this matter through the comprehensive plan.
A motion to approve the proposed ordinance amending Section 94-91 of the Code of Ordinances of the City of McAlester was made by Councilman Smith and seconded by Vice-Mayor Brown. There was no further discussion, and the vote was taken as follows:
AYE: Councilmembers Smith & Brown
NAY: Councilmembers Boatright, Stevens, Cox & Mayor Browne Mayor Browne declared the motion failed.
5. Consider and act to reconsider the EMERGENCY enactment of Ordinance No. 2702, that amended Section 54-52, Face Coverings Mandated in Public Places; of the Code of Ordinances of the City of McAlester. (John Browne, Mayor)
Executive Summary
Reconsideration of a motion to approve EMERGENCY enactment of Ordinance No. 2702, that amended Section 54-52, Face Coverings Mandated in Public Places; of the Code of Ordinances of the City of McAlester.
Mayor Browne explained that this item was being pulled and after a brief discussion he called a Special Council Meeting for Thursday, December 17, 2020 at 6:00 P.M.
New Business
Any matter not known, or which could not have been reasonably foreseen prior to the time of posting the Agenda in accordance with Sec. 311.9, Title 25, Oklahoma State Statutes.
There was no new business.
City Manager’s Report
• Report on activities for the past two weeks.
Manager Stasiak reported that staff would be meeting with the Rural Water District’s accountants next Tuesday, December 15, 2020. He informed the Council that the ODOT project that would make the first phase of the highway reconstruction work was scheduled to begin after the first of the year and was projected to take sixteen (16) months to finish. He asked the citizens to be patient.
Remarks and Inquiries by City Council
Vice-Mayor Brown commented that McAlester Buffalo football team had lost in the State semi-finals by one (1) touchdown and he congratulated the team on a successful season.
Mayor’s Comments and Committee Appointments
Mayor Browne commented that the Buffalos had lost in the last minute of the game. He also congratulated them on a successful season. He added that the law firm of Wagner & Lynch had volunteered to beautify the Round-about at Fifth Street and Washington and he thanked them for their contribution.
Recess Council Meeting
Councilman Smith moved to recess the Regular Meeting and convene the Authorities. The motion was seconded by Councilman Cox.
There was no discussion, and the vote was taken as follows:
AYE: Councilmembers Smith, Cox, Brown, Boatright, Stevens & Mayor Browne NAY: None
Mayor Browne declared the motion carried and the meeting was recessed at 6:33 P.M. Reconvene Council Meeting
The Regular Meeting was reconvened at 6:35 P.M.
Adjournment
There being no further business to come before the Council, Councilman Smith moved for the meeting to be adjourned. The motion was seconded by Vice-Mayor Brown.
There was no discussion, and the vote was taken as follows:
AYE: Councilmembers Smith, Brown, Stevens, Cox, Boatright & Mayor Browne NAY: None
Mayor Browne declared the motion carried, and the meeting was adjourned at 6:35 P.M.
__________________________
ATTEST: John Browne, Mayor
____________________________ Cora Middleton, City Clerk
