Meeting Minutes: Town Meeting on 6/13/17


TOWN OF DISNEY

322 WEST MAIN                                BOX 318                             DISNEY, OKLAHOMA

Meeting called to order by Mayor Chris Tuter at 7:10 p.m. on June 13, 2017.

Mayor Tuter acknowledged that the newly elected officials (Mayor Chris Tuter, Trustee Lisa Cookson, and Trustee Shelly Martin) had been sworn in on this date in the Fire Department meeting after it was called to order.  (Reading of the Loyalty Oath and Oath of Office.)

Answering roll call:  Mayor Chris Tuter and Trustees Lisa Cookson, Norma Crockett, and Shelly Martin.  Quorum was declared.  Police Chief Larry Sanders and Town Clerk Janice Sharp were present.  Visitors signed in were Donna Bohnenstiehl, Russell Hogan, and Pam Despeaux.  Those same visitors were signed in to speak.      

1.   Mayor Tuter made a motion, with Trustee Crockett seconding the motion, to nominate and appoint Mark Despeaux to Trustee Position 3 of the Board of Trustees of the Town of Disney . Voting:  Tuter, yes; Cookson, yes; Crockett, yes; and Martin, yes.  Motion carried.

2.   Swearing in of Mark Anthony Despeaux as Trustee Position 3. (Reading of the Loyalty Oath and Oath of Office.)

3.   Trustee Crockett made a motion, with Trustee Cookson seconding the motion, to table the possible nomination and appointment to fill the expired position of Jane Standeford on the Planning & Zoning Commission. Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

4.   Police report for May 2017 was given by Police Chief Larry Sanders, reporting 28 calls received, 1 accident worked, 60 city and 9 district citations issued, 9 city and 4 district arrests made, 1 burglary reported, 0 larcenies reported, 14 agencies assisted, 11 agencies assisted Disney Police Department, 1 motorist assisted, 4 hours spent in city court, 24 hours spent in CLEET training, 396 hours worked by Police Chief Sanders, 67 hours worked by Reserve Officers, 3 vehicles impounded, 4 storm watches conducted, 5 clean properties worked, and the approximate mileage logged in May 2017 for Unit 1 (Dodge pickup) was 969 miles, Unit 2 (white Ford Crown Victoria) was 148 miles, Unit 3 (Ford Expedition) was 2 miles, Unit 4 (black Ford 500 sedan) was 864 miles, and Unit 5 (black Mercury) was 1,414 miles. (Note:  When asked in the meeting the description of each of the police vehicle units, Police Chief Sanders reported Unit 5 as the black Ford.)

a)  Trustee Martin made a motion, with Trustee Despeaux seconding the motion, to table the discussion and possible action on approving the purchase of a police vehicle to the Special Meeting on June 19, 2017. Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

b)  Mayor Tuter made a motion, with Trustee Despeaux seconding the motion, not to accept the quotes obtained for 5 mph speed limit signs for off-road vehicles. Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

c)  Mayor Tuter made a motion, with Trustee Cookson seconding the motion, approving to keep the existing coverage on the equipment for the police vehicles on the OMAG insurance policy. Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

5.   Mayor’s Report. Mayor Tuter wanted to bring to everyone’s attention that Police Chief Sanders goes above and beyond his regular duties and takes the initiative on his own to do additional things for the community.  Mayor Tuter stated that Police Chief Sanders wears multiple hats and that it has been amazing to watch the additional work that he does, on top of his regular duties.  Mayor Tuter had asked Police Chief Sanders to keep track of this additional work and reading from the list, Mayor Tutor reported that from May 9 to May 31, 2017, Chief Sanders cleaned the guttering on Town Hall; washed the driveway at Town Hall; brush hogged from Town Hall to the dam; weedeated the easement/shoulder from Rock Cabins to the spillway; filled in the washout at Two Mom’s; filled in potholes all over town; cleared the drain at the end of Construction Drive about 10 times; put cones out on Fye Street to keep people from driving off into a trench that had been created from rain runoffs; brush hogged the fire department lot; weedeated at the fire department; started and tested the generator and let it run; dumped the trash from the outside trash cans; removed a dead dog from the highway; set up the meeting room at Town Hall; cleaned the bathrooms, carried out all the trashes, cleaned and mopped the meeting room, all at Town Hall; and tested the storm sirens.  In addition, Mayor Tuter read that from June 1 to June 12, 2017, Police Sanders brush hogged from Town Hall to the dam again; weedeated up and down Highway 28 and around sign poles; started and tested the generator and let it run again; removed a bird from the highway; and brush hogged Wall Street and Beach Street.  Mayor Tutor said that Police Chief Sanders has taken the initiative to do these things on his own time, and Mayor Tutor thanked Police Chief Sanders for all his work. 

6.  Approval of Consent Agenda.

a)  Trustee Martin made a motion, with Mayor Tuter seconding the motion, to approve the Minutes of the Regular Session Meeting held on May 9, 2017. Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

b)  Mayor Tuter made a motion, with Trustee Martin seconding the motion, to approve the financial statement for May 2017. Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

c)  Trustee Martin made a motion, with Trustee Despeaux seconding the motion, to approve the Estimate of Needs. Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

7.   Trustee Martin made a motion, with Mayor Tuter seconding the motion, to approve the Purchase Orders. Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

8.   Mayor Tuter made a motion, with Trustee Martin seconding the motion, to approve the request to close Main Street on September 23, 2017, from 4:00 p.m. to 7:00 p.m. for the 5K Sunset Dam Run. Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

Donna Bohnenstiehl and Karen Karr were present for this agenda item.  The Town Clerk will send a letter to the Oklahoma Department of Transportation requesting approval to close the highway.

9.   Mr. Gordineer was not present at the meeting to make a presentation on business opportunities for Disney.

10.  No discussion and possible action from Tommy Gordineer’s presentation as Mr. Gordineer was not present at the meeting.

Mayor Tuter made a motion, with Trustee Despeaux seconding the motion, to table Items 9 and 10 until Mr. Gordineer asked to be put back onto the agenda.  Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

11.  Mayor Tuter made a motion that the subject of the Mayor handling personnel matters regarding terminating and hiring of employees had been clarified.

Mayor Tuter requested that the motion be struck.

Mayor Tuter made a motion, with Trustee Martin seconding the motion, to clarify that the subject of the Mayor handling personnel matters regarding terminating and hiring of employees has been clarified by Oklahoma State Statutes and policies and procedures.  Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

Title 11 of the Oklahoma State Statutes was cited.

12.  Mayor Tuter made a motion, with Trustee Martin seconding the motion, to approve the Board creating a building and groundskeeper position for the Town of Disney. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

13.  Mayor Tuter made a motion, with Trustee Cookson seconding the motion, to approve the Board creating a job description and assignment/duties log for the building and groundskeeper position. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

14.  Mayor Tuter made a motion to approve the advertising of the building and groundskeeper position.

The motion was struck.

Mayor Tuter made a motion, with Trustee Crockett seconding the motion, to postpone the discussion of filling the building and groundskeeper position until the Executive Session in the Town meeting on July 11, 2017.  Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

15.  Trustee Martin made a motion, with Mayor Tuter seconding the motion, to accept the All-American lease agreement, with all modifications, as requested. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

Outdoor Advertising Leasing Agreement executed on May 9, 2017, by and between Boyce Investments, LLC, dba All American Outdoor Advertising Company and the Town of Disney.

16.  Trustee Martin made a motion, with Trustee Despeaux seconding the motion, to accept the Engagement Letter from Johnny R. Ragsdale, CPA, PLLC, to provide accounting services for the Town of Disney in FY-18. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

17.  Mayor Tuter made a motion, with Trustee Cookson seconding the motion, to approve Johnny R. Ragsdale’s accounting office preparing the FY-18 budget. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

18.  Trustee Martin made a motion, with Trustee Cookson seconding the motion, to accept the Audit Engagement Letter from Ober & Littlefield to conduct the Town of Disney’s audit for the year ending June 30, 2017. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

19.  Trustee Martin made a motion, with Trustee Despeaux seconding the motion, to accept the OMAG Workers’ Compensation Plan renewal proposal for 2017-2018. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

20.  Trustee Martin made a motion, with Trustee Despeaux seconding the motion, to approve renewing the dispatching agreement with Mayes County Board of Commissioners for July 1, 2017, through June 30, 2018. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

21.  Trustee Martin made a motion, with Trustee Cookson seconding the motion, to approve renewing the jail use agreement with Mayes County Board of County Commissioners for July 1, 2017, through June 30, 2018. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

22.  Mayor Tuter made a motion, with Trustee Crockett seconding the motion, to approve declaring the Konica 7022 copier as surplus. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

23.  Mayor Tuter made a motion, with Trustee Cookson seconding the motion, to approve the previous nomination of Mike Hopper as a volunteer to the Disney Revitalization Board. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

Mayor Tuter acknowledged that Mike Hopper was not present at the meeting, but that Mr. Hopper had voiced previously that he wished to be a volunteer on the Disney Revitalization Board.  Mr. Hopper was present in the Town Meeting in May 2017 where his desire to serve on the Revitalization Board was discussed.

24.  Trustee Cookson made a motion, with Trustee Despeaux seconding the motion, to authorize Mayor Tuter to handle the situation of the Cintas contract, to the best of his ability and how he sees best for the Town, but not to exceed face value of the contract. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

25.  Mayor Tuter made a motion to issue a citation to businesses operating without a business license.

The motion was struck.

Trustee Cookson made a motion, with Mayor Tuter seconding the motion, to authorize the Town Clerk or the Police Chief to make contact by telephone or in person to those business owners who have not responded to the second request letters to renew their business letters and to find out their intentions for continuing business in Disney, and if the business owner is not current by the next Town meeting, then issue a citation for Failure to Obtain Business License.  Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

26.  Mayor Tuter made a motion, with Trustee Crockett seconding the motion, to approve the attendance of Mayor Tuter and Trustee Martin at certified training for newly elected officials on June 15, 2017, at Tulsa Tech, Lemley Campus, in Tulsa, along with approving that the Town of Disney pay the registration fee. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

27.  Mayor Tuter made a motion, with Trustee Cookson seconding the motion, to accept the quote of $1,050 from A & M Tree Service for the limb removal project at the Town Hall building and the fire department garage. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

28.  Mayor Tuter made a motion, with Trustee Despeaux seconding the motion, to table the discussion and possible action of lodging licenses issued by the county health department, pending further definition and clarity. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

29.  Item 34, Hear, consider, and possible action on petitions from the Audience (3 minutes) was moved to this position before voting to go into Executive Session, as a courtesy to audience members.

Pam Despeaux spoke on public nuisances and the need to continue working to get those properties in a condition that will satisfy town ordinances and to update the town ordinances.

Mayor Tuter made a motion, with Trustee Despeaux seconding the motion, to go into Executive Session at 9:40 p.m. for the purpose of discussing the Town Attorney’s legal services and fees.

30.  Mayor Tuter made a motion, with Trustee Despeaux seconding the motion, to return to Regular Session at 10:05 p.m. No action was taken during Executive Session. Voting:  Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

31.  Mayor Tuter made a motion, with Trustee Cookson seconding the motion, to accept Town Attorney Harlan Pinkerton’s offer/contract for his services, based on his flat fee rates of $175 per hour, $525 to attend a two hour meeting, and $600 to attend a 3 hour meeting, with mileage and travel included in the meeting rates. Voting: Tuter, yes; Cookson, yes; Crockett, no; Martin, yes; and Despeaux, no.  Motion carried.

Discussion included that Town Attorney Pinkerton will not attend every Town meeting, and those meetings that he does attend on a paid basis will be at the request of the Mayor, Town Clerk, or a Trustee asking the Town Clerk to request his attendance at the meeting.

32.  Old Business. None.

33.  Unforeseen Business. Town Clerk Sharp advised that the Town of Disney had received a letter from Grand Lake Fireworks regarding accepting donations for the Sixth Annual Cliff Elliott Fireworks Show.

34.  Hear, consider, and possible action on petitions from the Audience (3 minutes) was moved to the position of Item 29.

35.  Town Clerk Sharp reported that no additional dates had been posted by the Oklahoma Municipal League for the certified training for newly elected officials, Tommy Gordineer had made a $115 donation to the Town of Disney, the Town had received notification of an application for Fresh Paint Days from Oklahoma Beautiful, and the donation of $81.50 from a jar at Chezzie’s was received from Dusty Wood for deposit into the Disney Christmas Project.

36.  Mayor Tuter made a motion, with Trustee Martin seconding the motion, to adjourn the meeting at 10:10 p.m. Voting: Tuter, yes; Cookson, yes; Crockett, yes; Martin, yes; and Despeaux, yes.  Motion carried.

ATTEST:

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Janice Sharp, Town Clerk

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