HomeMy WebLinkAbout2013.11.05_City Council MinutesOWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, November 5, 2013
The Owasso City Council met in regular session on Tuesday, November 5, 2013 in the Council
Chambers at Old Central per the Notice of Public Meeting and Agenda filed in the office of the
City Clerk and posted on the City Nall bulletin board at 6:00 pm on Friday, November 1, 2013.
1. Call to Order
Mayor Bonebrake called the meeting to order at 6:30 pm.
2. Invocation
The invocation was offered by Lead Pastor Doug Gregg of Lifepoint Baptist Church.
3. Flog Salute
Councilor Brown led the flag salute
4. Roil Call
PRESENT ABSENT
Doug Bonebrake, Mayor None
Chris Kelley, Vice Mayor - arrived 6:40 pm
Charlie Brown, Councilor
Jeri Moberly, Councilor
Patrick Ross, Councilor
A quorum was declared present
STAFF
Warren Lehr, Interim City Manager
Julie Lombardi, City Attorney
5. Presentation of the Character Trait of Initiative
Gary Akin, Character Council Member, presented "Initiative," the Character Trait of the
Month for November 2013.
Councilor Kelley arrived at 6:40 pm.
6. Presentation by Bailey Elementary First Lego League Team
Liz Swearingen, 5th grade Science Teacher, and students representing Bailey Elementary
performed their competition piece on tornado safety and an innovative safety solution for
schools. In addition, the students demonstrated a robot they have programmed for
competition on November 91h.
Following item 6, Warren Lehr recommended a recess of the Owasso City Council meeting in
order to proceed with the Owasso Public Works Authority meeting.
Dr. Kelley moved, seconded by Ms. Moberly to recess the City Council meeting.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Owasso City Council
November 5, 2013
Page 2
Motion carried 5-0 and the City Council recessed the Council meeting at 6:50 pm.
Following adjournment of the Owasso Public Works Authority, Mr. Ross moved, seconded by
Mr. Brown to reconvene the Owasso City Council meeting.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5-0 and the City Council reconvened the Council meeting at 7:30 pm.
7. Consideration and appropriate action relating to a request for approval of the Consent
Agenda. All matters listed under "Consent" are considered by the City Council to be routine
and will be enacted by one motion. Any Councilor may, however, remove an item from the
Consent Agenda by request. A motion to adopt the Consent Agenda is non-debatable.
A. Approval of Minutes of the October 15, 2013 Regular Meeting
Attachment #7A
B. Approval of Claims
Attachment #7B
Mr. Brown requested item B be removed for separate consideration. Mr. Brown moved,
seconded by Mr. Ross to approve Item A of the Consent Agenda.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5-0
8. Consideration and appropriate action relating to items removed from the Consent Agenda
After discussion, Mr. Brown moved, seconded by Mr. Ross to approve item B with claims
totaling $544,811.49. Also, included for review were the self-insurance claims report and the
payroll payment report for 10/19/13.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5-0
Consideration and appropriate action relating to the acceptance of two Sam's Club grants
and budget amendments in the General Fund and the Hotel Tax Fund
Linda Jones presented the item and recommended Council acceptance of two grants and
approval of a budget amendment increasing the estimated revenues and the appropriation
for expenditures by $4,000 in General Fund Police Services and by $1,000 in the Hotel Tax
Fund Strong Neighborhood.
After discussion, Dr. Kelley moved, seconded by Mr. Brown to accept each grant and
approve the budget amendment as recommended.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5-0
Owasso City Council
November 5, 2013
Page 3
10. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing confidential communications between the City of Owasso and its
attorney, relating to litigation styled Mike Denton v. Dan Yancey, Rodney Ray and the City of
Owasso, 13-CV-709-TCK-TLW; and Smokey Davidson v. City of Owasso, Jarod Mitchell and
Bobby Sordo, 13-CV-658-GFK-TLW; such executive session provided for in O.S. 25, Section
307(B)(4)
Julie Lombardi advised the Council that discussion of the litigation outside of an executive
session would impair the City's ability to defend itself appropriately and recommended
Council enter into executive session for the purpose of discussing the two litigation cases.
Ms. Moberly moved, seconded by Dr. Kelley to enter into executive session as
recommended.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5-0. The Council, along with Julie Lombardi, Warren Lehr, and Scott
Chambless, Police Chief, entered into executive session at 7:37 pm. The Council returned to
the open meeting in the Council Chambers at 7:55 pm.
11. Consideration and appropriate action relating to Resolution 2013-18, authorizing the City to
provide a legal defense for Officer Jarod Mitchell and Officer Bobby Sordo in the litigation
titled Smokey Davidson v. City of Owasso, Jarod Mitchell and Bobby Sordo, and additionally
to hire Attorney Keith Wilkes to represent the City of Owasso, Officer Jarod Mitchell and
Officer Bobby Sordo
Julie Lombardi presented the item, recommending Council adoption of Resolution No. 2013-
18.
Following discussion, Mr. Brown moved, seconded by Ms. Moberly to adopt Resolution 2013-
18, as recommended.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5-0.
12. Consideration and appropriate action relating to Resolution 2013-19, authorizing the City to
provide a legal defense for former Police Chief Dan Yancey and Former City Manager
Rodney Ray in the litigation titled Mike Denton v. Dan Yancey, Rodney Ray and the City of
Owasso, and additionally to hire Attorney Keith Wilkes to represent the City of Owasso, Dan
Yancey and Rodney Ray
Julie Lombardi presented the item, recommending Council adoption of Resolution No. 2013-
19.
Following discussion, Mr. Ross moved, seconded by Mr. Brown to adopt Resolution 2013-19,
as recommended.
Owasso City Council
November 5, 2013
Page 4
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5-0.
13. Report from City Manager
Roger Stevens presented the Public Works Status Report
Larry Langford provided the Youth Sports Report.
Mr. Lehr recognized the collaboration of the Recreation and Culture and Animal Control
employees in the preparation and success of the 10th Annual Harvest Festival and Bark-
toberfest. Also recognized were the FOP Auxiliary for hosting their 2nd annual Trunk or Treat in
the City Hall south parking lot and city employees Ashley Hickman, Marla Swanson, and Lisa
Wilson for their coordination effort of the city employees' United Way fundraising campaign
with a total of $11,958.72 raised for 2013.
Mr. Lehr invited the community to attend the 2nd Annual Veterans Parade on Saturday,
November 9 at 9:00 am in the Smith Farm Shopping Center and the Annual Veterans
Appreciation Ceremony on Monday, November 1 1 at 5:30 pm at the Veterans Memorial.
14. Report from City Attorney
No Report.
15. Report from City Councilors
Mayor Bonebrake recognized the work of the Capital Improvements Committee for
adopting a Capital Improvements Planning Guide.
Mr. Brown commented on upcoming transportation legislation and future consideration by
the Council to support such legislation.
16. New Business
Julie Lombardi presented an item for new business. She advised the Council of a subpoena
received on November 5, 2013, from the impaneled Tulsa County Grand Jury for the
investigative report of Mr. Rodney Ray as drafted by Guy Fortney. Ms. Lombardi
recommended Council approval of a motion to release the report for the limited and sole
purpose of providing such document in response to the subpoena; authorization for Mr.
Fortney to provide one copy of the investigative report to Ms. Lombardi in response to the
subpoena; and to release Mr. Fortney from any liability that might result from any claimed
violation of work product or attorney client privilege as a result of him providing one copy of
the report for the sole purpose of compliance with the grand jury subpoena.
Following discussion, Mr. Bonebrake made a motion to release the personnel investigative
report conducted by Guy Fortney for the sole purpose to be used in the Tulsa County Grand
Jury investigation and to release to Julie Lombardi one copy for delivery to the Grand Jury,
and provide Guy Fortney with documentation to release him from the attorney client
privilege on this particular issue and that the report will be used solely for the Grand Jury
investigation; seconded by Dr. Kelley.
Owasso City Council
November 5, 2013
Page 5
YEA: Kelley, Moberly, Ross, Bonebrake
NAY: Brown
Motion carried 4-1.
17. Adjournment
Dr. Kelley moved, seconded by Ms. Moberly to adjourn the City Council meeting.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5-0 and the meeting adjourned at 9:05 pm.
Do o/n brake, Mayor
j i
j}
Julidnn M. Stevens, Minute Clerk
i