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HomeMy WebLinkAbout1981.04.21_City Council MinutesOn Tuesday, April 21, 1981, the Owasso City Council met in regular session in the Council Chambers at City Hall, per the Notice of Public Meeting and Agenda posted on City Hall bulletin board at 12:30 PM on April 16, 1981, and by reference made a part hereof. ITEM 1 - CALL TO ORDER. The meeting was called to order at 7:02 PM with Mayor Spencer presiding. ITEM 2 - FLAG SALUTE. Flag Salute was led by Mayor Spencer. ITEM 3 - ROLL CALL. Present: Boyd Spencer, Mayor Robbie Fickle, Vice Mayor Al Lambert, Councilman Dennis Burke, Councilman Steven Clark, Councilman Harold Charney, City Attorney Kenneth Thompson, City Manager Wauhilleau Webb, City Clerk Absent: None ITEM 4 - APPROVE MINUTES OF APRIL 7, 181 REGULAR MEETING. Motion was made by Al Lambert, seconded by Robbie Fickle, to correct the last par- agraph of Item 8 Hearing on Junk Vehicles to read "Mr. Charney (not Mr. Lambert) commented that since some people will not answer their door or sign for a regis- tered letter, posting on property could be used as a last resort". Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Fickle Nays - None Motion carried. Motion was made by Al Lambert, seconded by Dennis Burke, to approve minutes of April 7, 1981 regular meeting, as above corrected, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Clarlc and Mrs. Fickle Nays - None Motion carried. ITEM 5 - APPROVE ORDINANCE N0. 302 CREATING A TOWNHOUSE ZONING DISTRICT. ITEM 6 - APPROVE EMERGENCY CLAUSE TO ORDINANCE N0. 302. Ms. Dickey advised Council that the Planning Commission continued this item on their agenda and she requested the Council to table this proposed Ordinance to the June 2nd meeting. Owasso City Council April 21, 1981 Page Two Motion was made by Robbie Fickle, seconded by Al Lambert, to table Item 5 and 6 regarding the proposed Townhouse Zoning District Ordinance No. 302 to the June 2, 1981 meeting. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Fickle Nays - None Motion carried. ITEM 7 - ESTABLISH CHARGES FOR SWIMMING POOL USE FOR 1981 SEASON. Mr. Thompson's recommendation was 75~ for children and $1.00 for adults; parties of 1 to 20 people $30.00, 20 to 30 $40.00, 30 to 50 $50.00 and no parties over 50 people; family night stay at $3.00 per family from 7:00 to 9:30 PM on Tuesdays and Thursdays. Mr. Burke questioned if we will continue the punch passes and P4r. Thompson said it might help sales. Dr. Clark asked how our charges compare to the pools in surrounding areas and Mr. Thompson said as he recalls the surrounding area pools were higher than Owasso. Dr. Clark asked how many employees we have at the pool and Mr. Williams responded we have the manager and seven life guards. Dr. Clark then asked if we anticipate any major repairs and Mr. Williams said only to the chlorine dispenser which is an expensive item and we paint the pool every other year and it was painted just last year. Dr. Clark also asked if we have any other revenue from the pool other than admission and P4r. Williams responded the only revenue is from admissions, parties, and 10% from swimming lessons. Dr. Clark asked about concessions which most pools have and Mr. Williams said we have tried concessions and it creates quite a mess and also we have been broken into and the concessions stolen. Dr. Clark said he was just trying to come up with some way to make the pool pro- fitable and Mrs. Fickle mentioned that municipal pools never make revenue as they are a public service. He then questioned the City making the pool a membership type pool, but was advised we could not do that as the pool was constructed with grant money. Mr. Williams said we have some membership cards printed without a price and and might push for membership sales. Motion was made by Dennis Burke, seconded by Robbie Fickle, to increase pool fees to 75G for children, $1.00 for adults, increase pool party fees to 1 to 20 peo- ple $30.00, 20 to 30 people $40.00, 30 to 50 people $50.00, and no parties to be allowed over fifty people to a group, and sell 20 punch passes for $12.00 per child and $16.00 per adult, which is a 20% discount, and $3.00 for family charge on family night. Ayes - Messrs. Lambert, Burke, Clark and Mrs. Fickle Nays - Mr. Spencer Owasso City Council April 21, 1981 Page Three Motion carried. ITEM 8 - REQUEST BY MR. JACK ASHBY FOR CITY TO PAY TUITION FOR PARAMEDIC SCHOOL. Mr. Thompson reminded Council they approved the EMT tuition payment of $250.00 for three EMT's on November 4, 1980. The next day the request was for two checks to be drawn for Mr. McLean and Ms. Ball and that Mr. Ashby was not going to the school. He enrolled on his own and paid his tuition. Then on December 5th he submitted a letter asking for a leave of hbsence, or termination, whichever way it might be interpreted and at the same time he submitted a letter requesting payment of his tuition. The other two EMT's signed a statement that they would refund the money if they did not work for the City 6 months after completion of the school. He said Mr. McLean has resigned and we have billed him his tuition and Ms. Ball is still working for us but she is not attending the school and he will be discussing with her the repayment. Mr. Ashby commented that at no time was a contract mentioned to him and that the only reservation he had about the class was if it would meet National Registry standards, which it did. He said he made two formal written requests through the chain of command to attend the class. Mr. Spencer asked Mr. Ashby if he had a receipt for the $250.00 and Mr. Charney said that had already been confirmed. Mr. Thompson asked Mr. Ashby when he quit attending the school and he said mid- December. Mrs. Fickle mentioned the date of his resignation and Mr. Ashby said he did not resign and would like to see what she was referring to. P4r. Charney explained he requested a leave of absence and was subsequently terminated. Dr. Clark asked why Mr. Ashby did not receive a check at the time the other two were issued and Tor. Thompson responded that he was advised Mr. Ashby did not want to attend the school. Mr. Ashby said at no time did he verbally say he did not want to attend. Mrs. Fickle asked if Mr. Ashby was granted a leave of absence and Mr. Thompson said he acted on the Personnel Action Form signed by two supervisors stating it was a resignation. Mr. Thompson read a portion of Mr. Ashby's letter stating "I hope that you may have an opening next year". Dr. Clark asked how the Personnel Action Form indicating "Resignation, Poor Health" came about. Mr. Ashby said his letter requested to take a sickness leave. Mr. Thompson reminded Mr. Ashby that he did request his pension refund which to him would be an indication that he did not plan to come back. Mr. Ashby said that came about because he could not get a response from the City. Dr. Clark commented it was two months later he made his request. Dr. Clark said he personally does not see why just two checks were issued and Mr. Ashby's was not issued at that time and he proposed the City pay Mr. Ashby the $250.00 that he is requesting since we have nothing in writing that he refused to attend or that he resigned at that time. Owasso City Council April 21, 1981 Page Four Mr. Burke asked Mr. Shouse if those were his initials on Mr. Ashby's Personnel Action Form and he said yes. Mr. Burke asked Mr. Shouse if he could explain why it was submitted as a resignation and ~Zr. Shouse responded he believes it was a misunderstanding of what a leave-of-absence really entails and he said he was asked to fill out a resignation so another EMT could be employed. Dennis Burke said he recalls the Council specifically made the reservation when they agreed they were going to authorize the three checks to be issued that the condition that they were to be issued was that if the EMT's left the employment of the City they would reimburse the City for half of that tuition. He asked Mr. Ashby what the $500.00 represents when the tuition was $250.00. Mr. Ashby said the additional $250.00 is to cover his costs for his lawsuit. Mr. Charney said that is a nod-recompensable item and he is not entitled to it. Mr. Ashby said his attorney does not agree with Mr. Charney on that opinion. Mr. Ashby ~. said all he really wants is what he is out. PTr. Ashby commented that Police officers go to various schools and are not only given the fee but are also paid mileage but an EMT cannot upgrade his standards, and Owasso needs an advance life support. Mr. Burke asked if Mr. McLean was in the audience and Mr. Thompson said he had not been able to contact him. Mrs. Fickle asked Mr. Shouse if he was aware Mr. Ashby was in school prior to the time that his health became such that he had to stop going to school. He said yes he knew Jackie had enrolled in school. P1r. Ashby commented he continued going to school after his leave of absence. Mr. Thompson asked r1r. Shouse if he could shed any light on why only two checks were issued and Mr. Shouse responded no. Pir. Burke asked if it is possible to get a legal deposition from Mr. McLean if he cannot attend one of our meetings and Mr. Charney said it would have to be in conjunction with a lawsuit. Dr. Clark asked why we asked the EMT Department to pay back half their tuition, why is there a double standard. He also said he thinks if an employee is going to have to pay back $250.00 there should be some type of contract and that is a pretty important issue. P4rs. Fickle said the Council just set the policy and the administrative people should handle that. Mr. Thompson said the two that received the checks did sign an agreement. PZrs. Fickle said it was not directed to EMT's it was just trying to keep qualified personnel here. Dr. Clark asked why the other departments did not have the same sort of guidelines for their training. Mr. Thompson said this was acted on by the Council and those were the conditions they put on it and it was taken as an individual situation. P4r. Lambert said if his memory serves him correctly the Council was approached to allow three EMT's to go to advance training school, not firemen, policemen or anyone else, just three EP4T's. This Council agreed to pay half of their tuition provided it wouldn't be a total loss that meaning as soon as they were educated Owasso City Council April 21, 1981 Page Five they got up and left this City with their education. He said it was also stated that they only requested six months service under that condition. Mr. Lambert said he personally felt it was a fringe benefit. Mr. Charney asked Mr. Ashby if he were not here to give the City the benefit of his qualified training how has his training benefited the City. Mr. Ashby said that contract was entered into before he became ill and he had no knowledge that would happen. Mr. Charney said you are talking about a contract that you are picking out parts you want and ignoring the other parts. Motion was made by Steven Clark,,seconded by Al Lambert, to refund Mr. Jack Ashby $250.00 although for medical reasons he had to quit the school, even though he totally does not understand why he had to quit, and also recommend in the future if we ever have any contractural thing of this nature we have it in writing and signed by the employee, if that is what the Council wants to do, furthermore, we should treat all divisions alike. Ayes - Dr. Clark Nays - Messrs. Spencer, Lambert, Burke and Mrs. Fickle Motion did not carry. ITEM 9 - REPORT ON STATUS OF SIGN ORDINANCE. Mr. Thompson said he would like some imput from areas such as businesses, sign people, building inspector and citizens before we adopt this ordinance. Mayor Spencer said he would like for a copy of the ordinance be sent to the business people and sign people in our area and request feedback from them, even the churches since they would be affected. Ms. Dickey also recommended sending it to the Chamber of Commerce and the Planning Commission should also review it. Motion was made by Dennis Burke, seconded by Boyd Spencer, to set a Public Hear- ing on June 16, 1981, regarding the adoption of a sign ordinance, in the mean- time provide copies to the Chamber of Commerce and any other interested organi- zation or citizen. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Fickle Nays - None Motion carried. ITEM 10 - REQUEST USE OF COMMUNITY CENTER FOR MEETING OF OKLAHOMA MUNICIPAL CLERKS, TREASURERS AND FINANCE OFFICERS. Motion was made by Boyd Spencer, seconded by Robbie Fickle, to authorize use of Community Center on July 8, 1981, for meeting of the Oklahoma Municipal Clerks, Treasurers and Finance Officers, with coffee and donuts provided the the City. Owasso City Council April 21, 1981 Page Six Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Fickle Nays - None Motion carried. ITEM 11 - APPROVE WARRANTS FOR PAYMENT. Mr. Thompson was asked who initiated the request for the photography school and he said the Police Chief. Also the $847.50 stove under Park Grant was questioned and r4r. Thompson said that is actually for eight stoves which are waist-high park charcoal grills for Elm Creek Park and Ator Park. Motion was made by Dennis Burke, seconded by Al Lambert, to approve General Fund Warrants 1870 through 1995 for $46,468.27, Revenue Sharing Warrants 60 and 61 for $301.29, Debt Service Warrant 5 for $776.94 and Park Grant Warrant 11 for $847.50 and authorize Mayor to sign same, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Fickle Nays - None Motion carried. ITEM 12 - NEW BUSINESS Item Mrs. Fickle said this will be her last meeting and said it has been a "horrifying pleasure to have served on the City Council. Mrs. Fickle commented on the changes she has seen in the City in the last years. Mayor Spencer presented Mrs. Fickle with a plaque thanking her for her service to the City of Owasso. Item Mr. Wasserman addressed the Council stating he feels the City Council has done a good job in a lot of areas but a lot of their work is in jeopardy because of a lot of administration problems. P•1r. Wasserman said he has twenty questions he would like answered. Mayor Spencer said they will have to call a Special Meeting to give the public answers to the questions as they cannot act upon New Business. ?~Ir. Wasserman agreed to a Special Meeting. The questions were: 1. Why has a police officer been allowed to continue working after he acci- dentally shot another officer? No suspension or disciplinary action and the man was on probation at the time it happened. 2. Why does the Owasso Police Department use a Policy Manual over three """ years old that they don't thoroughly understand and only bring it up for their benefit? Owasso City Council April 21,.1981 Page Seven 3. What are certain Police Officers protected from disciplinary action while others are not? 4. Why, was an Owasso Police Sergeant suspended without any charges being filed against him? (Ed Scott) 5. Why do certain police officers sit in the police station from two to three hour periods at a time? Sometimes we have four or five people down there and maybe one person patrolling the streets. 6. Why no work schedules posted for over five months? 7. Why have we lost five pretty good police officers that have either quit or been suspended in the last year? 8. Why we have veteran police officers that have been totally ignored in the present police administration? 9. Why was an officer still under probation made the Acting Police Comman- der? L0. Why was Don Ritz allowed to return to the Police Department after re- signing? 11. Why has the Animal Control officer been allowed to harrass the Public Works personnel? 12. What improvements have taken place since Mr. Lombreglia was hired? 13. Why no weekly in service training program started? Very few inhouse sessions. 14. What does Mr. Lombreglia really do? He doesn't train the officers, he doesn't actively do police work, he doesn't patrol, he hasn't made any policies or regulations or procedures. He doesn't really seem to do anything. 15. Why has the total overall efficiency of the Police and Fire Department dropped so low? 16. Why doesn't Council seek out the employees and find out what is going on rather than listening to a snow job that is presently being passed out to them? 17. How much is being spend on the Public Safety program? 18. It is his understanding we have a $6,000.00 hear machine that we don't have anyboyd qualified to use. Owasso City Council April 21, 1981 Page Eight 19. Wants Mr. Thompson to tell the Police .Officers the citizens pay their wages. They go to the Git-n-Go and Pizza Hut and spread the word they are going to run this place like they want to no matter what anyone says. (Ritter and Sloane) 20. Harrassing of citizens by police officers. A man was told "If I put a gun to your head you better get down on your knees and beg". Two men were behind bars and two policemen walked through with one having a chain and the other had a club beating on the bars saying "now we will have some fun with these boys, which one do you want". (Ritter and Sloane) Mr. Thompson asked Mr. Wasserman if he could get signed statements to back up these allegations and Mr. Wasserman said yes but he would hire a lawyer to keep them until some action is taken as people in this town are getting threatened that are standing up against the Police Department. Mr. Thompson said he would like to get the DA's report as they are already in- vestigating most of these items and he would like to see that first. Mr. Wasserman said the DA's report will only include criminal charges, and he feels there are problems that are not criminal but warrant investigation. Mr. Burke referred to Article 2, Section 2-4(d) of the City Charter which allows the Council to inquire into the conduct of any office and also subpoena wit- nesses. Dr. Clark said he has also been threatened and he realizes the other Council mem- bers don't know everything that is going on. He requested to be on the next agenda to recommend the restructure of the Department of Public Safety. He said he feels he knows what is going on, or he is getting to it, and he proposes that under this Article 2, Section 2-4(d) the Council does have the power to do some- thing and do it thoroughly, along with Mr. Thompson, and come to a decision as to what is going on with our City government. Council directed a public inquiry be held into all of Mr. Wasserman's statements, along with the District Attorney's office's findings, to be held on May 12 at 7:00 PM, and at the meeting Mr. Thompson report on what the DA's office found, his answers to Mr. Wasserman's questions and subpeona witnesses who will give sworn testimony and produce the evidence they claim to have. Mr. Greg Howell spoke to the Council as a resigned police officer. He said threats were made to his wife and a half stick of dynamite was found in his yard. He said he turned it over to his Chief at that time, Don Ritz, and he never heard anything about it. He said he has been a police officer for nine years. He was certified by the State of Missouri. He said he was receiving telephone calls and the day he told Vic Lombreglia and Don Ritz he had his telephone tapped the calls stopped, and there was a call made out of town so there was no way to trace it. He said he has a hunch something is "rotten" and the Department of Public Safety has not produced a thing. He said he loves this town but he would Owasso City Council April 21, 1981 Page Nine not work for it. He said how can fifteen people resign and there not be a prob- l~m. He referred to dropping the age to 18 for employment and said the State law requires the age to be 21. Being no further business before the Owasso City Council, Chair adjourned at 8:40 PM. <` h/ Boyd M. Spenc r, Mayor Wauhilleau Webb, City Clerk