Meeting Minutes: Town Meeting on 4/11/17


TOWN OF DISNEY

322 WEST MAIN                                BOX 318                             DISNEY, OKLAHOMA

Meeting called to order by Mayor Chris Tuter at 7:12 p.m. on April 11, 2017.

Answering roll call:  Mayor Chris Tuter and Trustees Lisa Cookson, Norma Crockett, and Shelly Martin.  Trustee Jane Standeford was absent.  Quorum was declared.  Police Chief Larry Sanders, Town Attorney Harlan Pinkerton, Jr., and Town Clerk Janice Sharp were present.  Visitors signed in were Joel and Martha Graham and Courtney Goss.  Visitor signed in to speak was Russ Hogan.                                                           

1.  Police report for March 2017 was given by Police Chief Larry Sanders, reporting 25 calls received, 0 accidents worked, 57 city and 4 district citations issued, 6 city and 4 district arrests made, 0 burglaries reported, 0 larcenies reported, 2 agencies assisted, 4 agencies assisted Disney Police Department, 2 motorists assisted, 4 hours spent in city court and 4 hours in district court, 0 hours spent in training, 365 hours worked by Police Chief Sanders, 84 hours worked by Reserve Officers, 8 vehicles impounded, 2 storm watches conducted, 4 clean properties worked, and the approximate mileage logged in March 2017 for Unit 1 was 1,323 miles, Unit 2 was 165 miles, Unit 3 was 392 miles, Unit 4 was 534 miles, and Unit 5 was 285 miles. Police Chief Sanders also reported receiving 3 other calls during the dates of the Big Meat Run, of which 2 were driving under the influence and 1 was public intoxication.  Police Chief Sanders stated that only one of the three calls was associated with off-road vehicles.  

2.  Mayor’s Report. Mayor Tuter stated that the turnout for the Town Election on April 4, 2017, was phenomenal with 58 registered voters casting votes this year.  From records that were readily available in the clerk’s office, Mayor Tuter cited the number of voters in previous years:  The next highest year was 2003 with 45 voters, and one of the lowest years was 2015 with 23 voters.  Mayor Tuter acknowledged newly elected Joel Graham as the newest of the Board members who will be seated at the next Town meeting.

3.  Approval of Consent Agenda.

    a) Chris made a motion, with Lisa seconding the motion, to approve the Minutes of the Regular Session Meeting held on March 14, 2017.  Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

    b) Chris made a motion, with Shelly seconding the motion, to approve the Minutes of the Emergency Session Meeting held on April 2, 2017.  Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

    c) Shelly made a motion, with Lisa seconding the motion, to approve the Minutes of the Town Election held on April 4, 2017.  Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

    d) Shelly made a motion, with Lisa seconding the motion, to approve the Financial Statement for March 2017.  Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

    e) Chris made a motion, with Lisa seconding the motion, to approve the Estimate of Needs.  Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

4.  Chris made a motion, with Norma seconding the motion, to approve the Purchase Orders.

Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

5.  Lisa made a motion, with Chris seconding the motion, to approve renewing membership with Oklahoma Municipal League for 2017-2018. Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

6.  Shelly made a motion, with Lisa seconding the motion, to dismiss any action regarding the notification from the Oklahoma Tax Commission requesting a waiver to the penalties and interest assessed on sales or use tax for Avon Products Inc. Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

7.  Chris made a motion, with Norma seconding the motion, to accept the new offer by Outdoor Advertising Company of $750 per year to continue for the remaining 10 years of the term of the contract for the rental of town property where the All-American billboard is located. Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

8.  Shelly made a motion to accept SBA Communication’s offer of $124,000 to sell the lease.

     Shelly offered to amend her motion:  Accept SBA Communication’s offer and place it into an investment that will generate revenue that will offset the $700 per month received now for rent.

     Shelly rescinded her motion.

     Shelly made a motion, with Lisa seconding the motion, to table the discussion and possible action of selling the cell tower lease so that more research can be conducted and brought to the Board at the next meeting.  Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

     Shelly offered to check into investment plans before the Town Meeting in May 2017.

Discussion:

     Current revenue received from the tower is $700 per month, with 27 years remaining.  SBA has the option to terminate the lease agreement at any time, with a 6-month notice.  An example of a circumstance that could change the amount of the $700 rental payment is cash decline.  The number of carriers on the tower has decreased from 6 to 2 carriers within two years.  The current carriers are AT&T and Verizon.  Situations to consider are a) the $700 received today will not have the same value in 15 years; b) if there is a continued decline in interest for leasing space on the tower, SBA can terminate the lease agreement at any time (with six-month notice) or lower the amount of the rental payment; and c) the trend in technology is to do away with towers and to use satellites.  A positive note to consider is that the offer for 50 years, with 27 years remaining provides $124,000 to invest, allocating $700 a month to the general fund.

      In a previous meeting, Shelly had advised that the total revenue of the lease agreement is $178,000, if the lease agreement was followed, and that any bid over $118,000 would be a success, due to the time value of money.  The current value of the lease is $118,000.

     The lease was initiated in 2004 for 5 years, with the right to extend the lease for seven additional 5-year terms, for a total of 40 years.  The ending date of the current lease is 2044.

     Comparison of Bids

     SBA Communications, October 9, 2014:

     Option 1)  $101,000 lump sum payment

     Option 2)  $51,500 lump sum payment, 99-year term, plus $343 per month rental received

     SBA Communications, April 2017:

     Offer of $99,000 has increased to $124,000 lump sum payment, 50-year term

     Landmark Dividend:

     Bid of $76,000 lump sum payment, with a 50/50 split of any rent from new carriers; however, according to SBA Communications, who owns the tower, Landmark Dividend would have to contact SBA for approval to put a new carrier on the tower, and SBA would charge for the new carrier; then SBA would give Landmark 50% of the commission, and Landmark Dividend would split 50% of the commission with the Town of Disney.  Landmark confirmed that they don’t own the tower, that they would receive a commission of sales which is 2.5 to 5%, of which the Town of Disney would receive 50% of that 2.5 to 5% commission.

9.  Chris made a motion, with Lisa seconding the motion, to accept the bid of Steve’s Yard Service for the upkeep of town property. Voting: Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

     Two bids were received.    

     The fire department lot on Lorton Street is not included in this motion.  The other services of weed spraying, leaf mulching, and snow removal will be requested, as needed. 

Discussion:

     The guttering around the Town Hall building will be cleaned by the Maintenance Department, with Chris Shelly, and Norma offering to provide the scaffold / equipment to complete the project.

     When the Clerk asked if the Town would be committed to year-round service, she was advised that it would not be.

10. Chris made a motion, with Norma seconding the motion, to approve soliciting bids for limb removal over Town Hall. Voting: Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

11. Chris made a motion, with Lisa seconding the motion, to approve the purchase of a copier from Sater Business Machines. Voting: Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

     Two quotes were received.  The copier approved to purchase is a Bizhub 363, with finisher, printer and scanner, with a one-year parts and labor warranty.  Purchase price is $1400, with $350 due on delivery, and $350 due for the next three months.

12. Shelly made a motion, with Chris seconding the motion, to approve a $5 fee for audio recordings requested of the Town Clerk’s office through Public Record requests. Voting: Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

13. Lisa made a motion, with Shelly seconding the motion, to table the discussion and possible action until next month’s meeting regarding updating the Town’s Code of Ordinances book and a method and schedule in which to do so. Voting: Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

     For the May meeting, each Board member is to come prepared with his/her choice of section to begin working on.  Plans are also to post the section selected by the Board to allow community input and then to schedule a Special Meeting.

Discussion:

     The Board members could select a section at a time of the Disney Code of Ordinances  book to work on.  The selection would be posted for community input, and the townspeople could submit their written recommendations before the upcoming Town meeting for the Board’s consideration.  A section of the code book could be worked on every month, every other month, or even every three months.  Special meetings could be called, if needed, to work on the sections. Clarification was made that the Board as a whole would work together on each section, and the Board would consider the recommendations made by the community, but ultimately, it would be the Board voting to change the law.  The costs to file the changes with the County Clerk’s office and to publish were considered. 

      A plan to scan the sections of the Code of Ordinances book onto the Town’s website was discussed also.

14. Nominations of board members to the Disney Revitalization Board.

     Chris made a motion, with Shelly seconding the motion, to nominate Lisa Cookson as a board member of the Disney Revitalization Board.  Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried. 

     Lisa made a motion, with Norma seconding the motion, to nominate Shelly Martin as a board member of the Disney Revitalization Board.  Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

Discussion: 

     Clarification was given that any decision made by the Disney Revitalization Board must be brought before the Disney Board of Trustees to be voted on by the entire Board members.  The members of the Disney Revitalization Board do not have unilateral ability to designate or spend funds.  The Disney Revitalization Board is to make suggestions to the Disney Board of Trustees.

Audience Participation, Items 15 through 20

15. Shelly made a motion, with Chris seconding the motion, to approve Pam Johnson, Dusty Wood, and Martha Graham as volunteers to the Disney Revitalization Board. Voting: Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

16. Mayor Tuter reported on the Big Meat Run (BMR) 2017.

      Comparison of revenues and expenses for BMRs for the past three years.

      2015:  $805 revenue; an itemized record of expenses was not available at the time

      2016:  $870 revenue; $712 expenses; net income of $158

      Revenue for 2015 and 2016 includes rental of town properties, fee for use of utilities (spaces with access to electricity), and vendor permits.

       2017:  $4,375 revenue; $500 expenses, net income of 3,871, to date.

       Revenue for 2017 includes rental of town properties, fee for use of utilities, vendor permits, rental of parking spaces at the fire department lot, and donations.

       Donations included $500 from Diana McLaughlin, who donated her winnings from a Poker Run (hosted by John and Edie Sumner) and $350 from Norma Crockett and volunteers who hosted a Benefit Breakfast for two days.  Every year, Joe Hardwood of Arrowhead Yacht Club and Marina and Jerry Cookson of Cedar Port Marina donate the land on the highway front for vendors to purchase spaces to set up their concessions.  A large portion of the revenue from the rental of town properties listed above is generated from this donation of land by Mr. Hardwood and Mr. Cookson.

       Donations not received yet include $1,620 from a Poker Run and $550 from a 50/50 Raffle, both hosted by Dusty Wood at Copperwood Lodge and other business owners; $100 from Grand Lake Off-Road; and $100 from Dick Lane’s Marine and Powersports.

      Donations received to date are $850 (included above in the 2017 revenue information); donations yet to be turned in are $2370.  Total donations:  $3,220.00

      Expected Total Revenue                $6,745.00

      Expected Expenses                                500.00

      NET REVENUE for BMR 2017      $6,245.00

      Shelly reported on the clean-up of the trails this past weekend, stating that she has spearheaded the clean-up for the past three years.  She acknowledged a skeleton crew of John Martin, Alvin and Pam Johnson, and a few of Shelly’s personal friends as volunteers for the first two years.  Shelly said that it was a larger turnout of volunteers for this year, reporting 63 volunteers, adding that local businesses had helped to promote the clean-up.  She also acknowledged Jerry Cookson for donating a case of large trash bags.  She informed that there would be a clean-up of the trails in the fall.

       It was suggested that there could be a gathering, maybe a potluck dinner or raffle, after  next year’s BMR to promote volunteerism and appreciation for clean-up.  

17.  This item was discussed in Item 16 regarding donations yet to be received from Dusty Wood/Copperwood Lodge, Grand Lake Off-Road, and Dick Lane’s, in which the town is awaiting receipt of a total of $2,370 from these sources. Mayor Tuter reported that Dusty Wood has stated that he (Mr. Wood) plans to turn in the donations he has collected when the bank account for the Disney Revitalization Project is set up. Mention also was made of the donations collected at Roctoberfest 2016 from a 50/50 Raffle and two collection jars set out at Chezzie’s, all earmarked for the Disney Christmas Project.  No action taken.                              

18.  Chris made a motion to establish an account named Disney Revitalization Project at First Bank & Trust, with the funds and expenditures pre-approved by the Disney Board of Trustees. No second to the motion.

       Shelly made a motion, with Lisa seconding the motion, to establish an account for the Disney Revitalization Project at First Bank & Trust, using the mini pack option for free checks.  Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

Discussion:

      Funds and expenditures are to be pre-approved by the entire Disney Board of Trustees.

19. The Town Clerk reported that she and Police Chief Sanders both were present when the money was counted from the jar presented at the last Town Meeting by Yvonne Coats. The jar contained $103.10, in which the coins were wrapped and the money secured until the bank account named the Disney Christmas Project is established and the money can be deposited. No action was taken.

20. Chris made a motion, with Lisa seconding the motion, to establish an account for the Disney Christmas Project at First Bank & Trust, using the mini pack of checks option for free checks. Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

Discussion in Item 18 also pertained to the Disney Christmas Project account: 

      Funds and expenditures are to be pre-approved by the entire Disney Board of Trustees.

21. Chris made a motion, with Shelly seconding the motion, to approve community potluck dinners being held at Town Hall, with the first one on May 9, 2017. Voting: Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

Discussion:

      Cecil Stone spoke to the Board asking for the Board’s consideration in allowing community potluck dinners to be held at Town Hall before the monthly Fire Department and Town Meetings.  He plans to grill the main dish and others provide side dishes.  Clarification was made that these would be free-will potlucks and the community would be invited.  The $100 cleaning deposit for the community room and kitchen at Town Hall would be waived on the condition that volunteers ensured the cleanliness of the community room and kitchen after the dinners.  It was discussed that a health department permit was not required.  Mr. Stone suggested that the potlucks begin at 4:30 or 5:00 p.m. so that the community room and kitchen could be cleaned before the monthly meetings began.  Food is to be provided by volunteers; the town is not to incur any expenses.  Mr. Stone stated that he planned to speak with Reasor’s regarding a donation of meat for the main dish.

22. Chris made a motion to approve posting 5 mph speed signs, with modification to specify ATV / UTV vehicles.

      Chris modified his motion, with Shelly seconding the motion, to approve posting 5 mph speed signs, with modification to specify off-road vehicles.  Voting:  Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried

Discussion: 

      It was suggested that Hiseley Customs be contacted to have the modification made to the three 5 mph speed signs the Town has already.

23. Chris made a motion, with Shelly seconding the motion, to approve participation in the ODOT Trash-Off on April 22, 2017. Voting: Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried.

      Shelly advised of the UTV Spring Extravaganza and Gambler 500 Kansas Rally that will take place in Disney on the same weekend.

24. Old Business. No discussion.

25. Unforeseen Business. No discussion.

26. Hear, consider, and possible action on petitions from the Audience (3 minutes). Russ Hogan spoke of the death of Bob Rose (Santa Claus) and Mr. Rose’s enormous contribution to the community of off-roaders as well as the personal inspiration he was to mankind. Mr. Hogan reported that a eulogy for Mr. Rose will be held at 3 p.m. on Saturday, April 15, 2017, at the opening of Little Blue.      

27. Comments from the Board Members and Town Clerk.

      a) Town Clerk advised that she would provide information on the required training that newly elected officials must complete within a year of taking office.

      b) No action taken regarding the publishing of the Town’s contact information in area phone books. 

28. Shelly made a motion, with Lisa seconding the motion, to adjourn the meeting at 9:40 p.m. Voting: Chris, yes; Lisa, yes; Norma, yes; and Shelly, yes.  Motion carried

ATTEST:

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Janice Sharp, Town Clerk

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