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Home My WebLink About2010.12.21_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: December 21, 2010 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall at 6:00 p.m. on Friday, December 17, 2010. Sherry Bishop, Sty Clerk AGENDA 1. Call to Order Mayor Doug Bonebrake 2. Invocation Pastor Ted Johnson, Bible Church of Owasso 3. Flag Salute 4. Roll Call 5. Consideration and appropriate action relating to a request for City Council 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 December 7, 2010 Regular Meeting and the December 14, 2010 Special Meeting. Attachment # 5 -A B. Approval of Claims. Attachment # 5 -B C. Acknowledge receipt of the monthly FY 2010-11 budget status report. Attachment # 5 -C D. Acceptance of the Comprehensive Annual Financial Report for FY 2009 -10. Attachment # 5 -D E. Declaration of certain vehicles surplus to the needs of the City of Owasso, establishing a minimum value for each vehicle, and authorization for the disposal of such. Attachment # 5 -E F. Approval of Ordinance No. 975, amending the Oklahoma Municipal Retirement Fund Defined Benefit Plan Joinder Agreement and Master Plan document. Attachment # 5 -F Consideration and appropriate action relating to items removed from the Consent Agenda. 7. Consideration and appropriate action relating to a request for City Council to award the Sports Park South Restroom Construction Project contract, and authorize the Mayor to execute the contract. Mr. Warren Attachment # 7 Staff recommends City Council award the Sports Park South Restroom Construction Project contract, including alternate 1, to Tri -Star Construction in the in the amount of $153,021; and authorize the Mayor to execute the contract. 8. Consideration and appropriate action relating to a request for City Council to award the 2010 Rayola Park Improvements Project contract, and authorize the Mayor to execute the contract. Mr. Stevens Attachment # 8 Staff recommends City Council award the 2010 Rayola Park Improvement Project contract, including alternates 1 through 8, to Tri -Star Construction, LLC in the amount of 357,279.05; and authorize the Mayor to execute the contract. 9. Consideration and appropriate action relating to a request for City Council approval of the Temple Business Park Final Plat. Mr. Fritschen Attachment # 9 Staff recommends City Council approval of the Temple Business Park Final Plat. 10. Consideration and appropriate action relating to a request for City Council approval of Ordinance No. 976, relating to Part 15, Traffic and Vehicles, Chapter 3, Vehicle Equipment, Section 15 -308, Mandatory Seat Belt Use, of the Code of Ordinances of the City of Owasso, Oklahoma, amending same by increasing the age requirement for child passenger restraint systems from four (4) to six (6) years, to reflect state statute language regarding the same. Ms. Lombardi Attachment # 10 Staff recommends City Council approval of Ordinance No. 976. 11. Consideration and appropriate action relating to a request for City Council approval of Ordinance No. 977, relating to Part 10, Offenses & Crimes, Chapter 4, Offenses Against Health, Welfare & Morals, Section 10 -426, Truancy, of the Code of Ordinances of the City of Owasso, Oklahoma, making it unlawful for children between the ages of twelve (12) and eighteen (18) to neglect or refuse to attend school, and authorizing issuance of a citation by law enforcement if a child is deemed truant as defined by school district policy. Ms. Lombardi Attachment # 10 Staff recommends City Council approval of Ordinance No. 977. 12. Report from City Manager. 13. Report from City Attorney. 14. Report from City Councilors. 15. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 16. Adjournment. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 7, 2010 The Owasso City Council met in regular session on Tuesday, December 7, 2010 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m, on Friday, December 3, 2010, ITEM 1. CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Pastor James Stotts of Fellowship Tabernacle, ITEM 3. FLAG SALUTE Councilor Stovall led the flag salute, ITEM 4. ROLL CALL PRESENT Doug Bonebrake, Mayor Jon Sinex, Vice Mayor Steve Cataudella, Councilor Bryan Stovall, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager ABSENT Wayne Guevara, Councilor ITEM 5. PRESENTATION OF THE CHARACTER TRAIT OF SENSITIVITY Ms. Mary Morris, Bailey Elementary School Principal, presented to the City Council "Sensitivity," the Character Trait of the Month for December, 2010. ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the November 16, 2010 Regular Meeting. B. Approval of Claims. C. Approval of Linda Winton's request for Early Retirement from the City's Oklahoma Municipal Retirement Fund (OMRF) retirement plan. Mr. Cataudella moved, seconded by Mr. Sinex, to approve the Consent Agenda with claims totaling $245,738.57. Also included for review were the healthcare self- insurance claims report and payroll payment report for pay period 11 /20/10. Owasso City Council December 7, 2010 YEA: Bonebrake, Sinex, Cataudella, Stovall NAY: None Motion carried 4 -0, ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action was required on this item. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL TO PURCHASE RIGHT -OF -WAY FOR THE EAST 106TH STREET NORTH AND GARNETT INTERSECTION IMPROVEMENT PROJECT; AUTHORIZATION FOR THE MAYOR TO EXECUTE THE REQUIRED DOCUMENTATION; AND AUTHORIZATION FOR PAYMENT Mr, Stevens presented the item, recommending City Council approval to purchase right -of -way from David Sandridge, personal representative of the Estate of Tommy E. and Barbara J. Brookshire in the amount of $41,000; authorization for the Mayor to execute the required documentation; and authorization for payment. Mr. Sinex moved, seconded by Mr. Stovall, to approve the purchase of right -of -way, authorize the Mayor to execute the required documentation, and authorize payment, as recommended, YEA: Sinex, Bonebrake, Cataudella, Stovall NAY: None Motion carried 4 -0. ITEM 9. REPORT FROM CITY MANAGER Mr. Ray provided a report on recent City events and activities. ITEM 10. REPORT FROM CITY ATTORNEY No report. ITEM 11. REPORT FROM CITY COUNCILORS Members of the Council provided a report on .recent Council and City activities. ITEM 12, NEW BUSINESS None ITEM 13. ADJOURNMENT Mr. Stovall moved, seconded by Mr. Sinex, to adjourn. 6 Owasso City Council YEA: Bonebrake, Sinex, Cataudella, Stovall NAY: None Motion carried 4 -0 and the meeting was adjourned at 7:06 p.m. Doug Bonebrake, Mayor Klan Kamas, Minute Clerk December 7, 2070 OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, December 14, 2010 The Owasso City Council met in a special meeting on Tuesday, December 14, 2010 in the Council Chambers at Old Central, 109 N, Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Friday, December 10, 2010. ITEM 1: CALL TO ORDER Vice Mayor Sinex called the meeting to order at 6:05 PM. PRESENT ABSENT Doug Bonebrake, Mayor (arrives at 6:10) None Jon Sinex, Vice Mayor Steve Cataudella, Councilor Wayne Guevara, Councilor Bryan Stovall, Councilor (arrives at 6:15) A quorum was declared present. ITEM 2: PRESENTATION BY MIKE GIBSON ON THE FY 2010 AUDIT This item was deferred to allow for the arrival of all members of the City Council. ITEM 3: DISCUSSION RELATING TO ADMINISTRATIVE ITEMS A. Proposed Ordinance - Internal Revenue Service (IRS) Requirements for Oklahoma Municipal Retirement Foundation (OMRF) Ms. Sherry Bishop provided information on a proposed ordinance relating to IRS requirements for the OMRF. Ms. Bishop noted that an item would be placed on the December 21,2010 Regular City Council Meeting consent agenda for consideration and appropriate action, ITEM 4: DISCUSSION RELATING TO OPERATIONAL ITEMS A. Final Plat - Temple Business Park B. Proposed Bid Acceptance - Rayola Park Improvement Project C. Proposed Bid Acceptance - Sports Park South Restroom Project Mr. Warren Lehr presented information regarding the Temple Business Park Final Plat and a proposed bid acceptance for the Rayola Park Improvement Project (Mayor Bonebrake arrives at 6:10,' Councilor Stovall arrives at 6:15). Mr. Lehr presented information on the proposed bid acceptance for the Sports Park South Restroom Project. Mr. Lehr noted respective items would be placed on the December 21, 2010 Regular City Council Meeting agenda for consideration and appropriate action. Item 2 was taken up at this time. Mr. Kevin Cavanah, Chair of the Owasso Audit Committee, and Mr. Mike Gibson of Cole and Reed presented the audit report. (Councilor Cataudella leaves at 6:45) ITEM 5: DISCUSSION RELATING TO CITY MANAGER ITEMS A. Quality of Life Initiative Update B. Election Sign Survey C. Rural Water District (RWD) Utility Billing Rate Calculations Owosso City Council December 14, 2010 D. Proposed Ordinance - Truancy and Child Seat Safety E. City Manager Report 1. Sales Tax Report A.) Mr. Rodney Ray provided an update on the Quality of Life Initiative B.) Mr. Ray provided information on the City's election sign survey. Discussion was held. C,) Mr, Ray provided information on RWD Utility Billing rate calculations. D.) Ms. Julie Lombardi presented two proposed ordinances relating to truancy and child safety seat requirements. The respective items will be placed on the December 21, 2010 Regular City Council Meeting agenda for consideration and appropriate action. E.) Ms. Bishop presented the December Sales Tax Report, Ms. Chelsea Harkins gave an update on the Buy Owasso campaign, ITEM 6: REPORT FROM CITY COUNCILORS Councilor Guevara presented an idea for facilitating increased volunteer opportunities for citizens. ITEM 7: ADJOURNMENT Mr. Sinex moved for adjournment, seconded by Mr. Guevara. YEA: Sinex, Bonebrake, Guevara, Stovall NAY: None Motion carried 4 -0. Meeting adjourned at 8:10 PM. Mayor, Doug Bonebrake Juliann M. Stevens, Deputy City Clerk Claims List 12/21/2010 Budget Unit Title Vendor Name Payable Description Payment Amounl GENERAL TREASURER PETTY CASH OC REFUND /SAUCEDO 100.00 TREASURER PETTY CASH CC REFUND/TURNER 50.00 TREASURER PETTY CASH CC REFUND /ALARCON 50.00 TREASURER PETTY CASH CC REFUND /GOMEZ 50.00 TREASURER PETTY CASH OC REFUND /SEGURA 100.00 TREASURER PETTY CASH OC REFUND /SEGURA 150.00 TREASURER PETTY CASH OC REFUND /AKERS 100.00 TREASURER PETTY CASH CC REFUND /DILDY 50.00 TREASURER PETTY CASH CC REFUND /RAZO 50.00 TREASURER PETTY CASH CC REFUND/TOMCO 50.00 PUBLIC SERVICE COMPANY OF OKLAHOMA REFUND OF ZONING FEES 114.00 AEP /PSO STREET LIGHTS 14.61 TREASURER PETTY CASH CC FORFEIT /GOMEZ -50.00 TREASURER PETTY CASH OC FORFEIT /SEGURA - 100.00 TREASURER PETTY CASH OC FORFEIT /SEGURA - 150.00 TOTAL GENERAL 578.61 MUNICIPAL COURT WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 2.28 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 1.77 TOTAL MUNICIPAL COURT 4.05 MANAGERIAL JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 49.59 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 24.48 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 9.52 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 8.98 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 101.91 JPMORGAN CHASE BANK MEETING EXPENSE 123.92 TREASURER PETTY CASH CHAMBER MEETING 10.00 TREASURER PETTY CASH CANDY BAGS 7.50 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 44.15 JPMORGAN CHASE BANK MEETING EXPENSE 11.03 JPMORGAN CHASE BANK EMPLOYEE RELATIONS 39.85 JPMORGAN CHASE BANK MEETING EXPENSE 17.63 JPMORGAN CHASE BANK PUBLIC RELATIONS 1.36 JPMORGAN CHASE BANK MEETING EXPENSE 34.21 JPMORGAN CHASE BANK EMPLOYEE RELATIONS 46.32 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 201.14 CITY GARAGE OVERHEAD LABOR CHGS - NOV 41.67 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - NOV., 2 71.36 JPMORGAN CHASE BANK EMPLOYEE RELATIONS 52.82 JPMORGAN CHASE BANK PIKEPASS FEES 9.55 JPMORGAN CHASE BANK MEETING EXPENSE 79.71 JPMORGAN CHASE BANK SCOREBOARD - EMBROIDERY 140.00 JPMORGAN CHASE BANK EMPLOYEE RELATIONS 75.60 JPMORGAN CHASE BANK EMPLOYEE RELATIONS 27.62 Page 1 Claims List 12/21/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni MANAGERIAL... JPMORGAN CHASE BANK MEETING EXPENSE 28.50 JPMORGAN CHASE BANK REASORS -TAX REFUND -0.71 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 45.00 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 50.00 JPMORGAN CHASE BANK MEETING EXPENSE 51.33 JPMORGAN CHASE BANK MEETING EXPENSE 72.40 JPMORGAN CHASE BANK EMPLOYEE RELATIONS 52.05 JPMORGAN CHASE BANK LODGING EXPENSE 333.39 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 50.00 JPMORGAN CHASE BANK FUEL 41.00 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 50.00 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 50.00 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 190.86 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 50.00 JPMORGAN CHASE BANK MEETING EXPENSE 9.08 TOTAL MANAGERIAL 2,302.82 FINANCE JPMORGAN CHASE BANK MEETING EXPENSE 12.99 COLE & REED, P.C. PROFESSIONAL FEES -AUDIT 4,450.00 JPMORGAN CHASE BANK AMAZON - TRAINING MATERIALS 26.58 CHARACTER TRAINING INSTITUTE CHARACTER CALENDARS 103.87 CITY GARAGE OVERHEAD LABOR CHGS - NOV 41.67 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 5.83 JPMORGAN CHASE BANK APA- ANNUAL RENEWAL 219.00 TREASURER PETTY CASH MILEAGE /HARRIS 12.32 TREASURER PETTY CASH BANK BAGS 72.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 4.51 TOTAL FINANCE 4,948.77 HUMAN RESOURCES JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 15.19 JPMORGAN CHASE BANK TULSA WORLD - ADVERTISING 258.80 JPMORGAN CHASE BANK ATWOODS -ZIP TIES 13.99 TREASURER PETTY CASH CHAMBER MEETING 10.00 JPMORGAN CHASE BANK CLAREMORE DAILY - ADVERTISE 17.40 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 227.00 CHARACTER TRAINING INSTITUTE CHARACTER CALENDARS 76.42 TOTAL HUMAN RESOURCES 618.80 HR - CHARACTER INITIATIVE JA N Z SIGNS & SHIRTS, INC ICHARACTER INITIATIVE 605.00 TOTAL HR - CHARACTER INITIATIVE 605.00 GENERAL GOVERNMENT JPMORGAN CHASE BANK AMERICAN WASTE- REFUSE SVC 134.68 AEP /PSO ELECTRIC USE 2,365.51 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 165.95 Page 2 Claims List 12/21/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL GOVERNMENT... GREENWOOD PERFORMANCE SYSTEMS INC CM EVALUATION 250.00 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL -COX 193.50 TULSA COUNTY CLERK FILING FEES 134.00 UNITED STATES CELLULAR CORPORATION CELL PHONE SERVICE 4.20 UNITED STATES CELLULAR CORPORATION CELL PHONE SERVICE 4.92 MAIL FINANCE, INC POSTAGE MACHINE LEASE 389.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 485.92 CINTAS CORPORATION CARPET/ MAT CLEANING 19.23 TOTAL GENERAL GOVERNMENT 4,146.91 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK APA- MEMBERSHIP DUES 385.00 JPMORGAN CHASE BANK NEIGHBOR NEWS- PUBLICATION 47.60 JPMORGAN CHASE BANK TRAVEL EXPENSE 63.78 JPMORGAN CHASE BANK TRAVEL EXPENSE 13.80 CITY GARAGE OVERHEAD LABOR CHGS - NOV 125.00 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - NOV., 2 215.24 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 30.59 RICH & CARTMILL NOTARY BOND /HENSLEY 30.00 TULSA COUNTY MIS TULSA COUNTY LAND RECORDS 30.00 TREASURER PETTY CASH NOTARY BOND RENEWAL 20.00 TOTAL COMMUNITY DEVELOPMENT 961.01 ENGINEERING UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - NOV., 2 503.86 CITY GARAGE OVERHEAD LABOR CHGS - NOV 166.67 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 89.36 CITY GARAGE PARTS FOR CITY VEH & TRKS 388.37 UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 UNITED STATES CELLULAR CORPORATION CELL PHONE SERVICE 56.43 UNITED STATES CELLULAR CORPORATION CELL PHONE SERVICE 56.43 TOTAL ENGINEERING 1,300.72 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK COX - INTERNET 1,550.00 CITY GARAGE OVERHEAD LABOR CHGS - NOV 41.67 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - NOV., 2 25.29 NOBEL SYSTEMS, INC ANNUAL GIS HOSTING FEE 14,000.00 JPMORGAN CHASE BANK PIKEPASS FEES 7.80 TOTAL INFORMATION TECHNOLOGY 15,624.76 SUPPORT SERVICES JPMORGAN CHASE BANK PIKEPASS FEES 7.80 JPMORGAN CHASE BANK LOCKE SUPPLY -PARTS 39.61 JPMORGAN CHASE BANK MURPHY SANITARY - SUPPLIES 79.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 7.50 Page 3 Claims List 12/21/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni SUPPORT SERVICES... JPMORGAN CHASE BANK LOWES- SUPPLIES 31.96 JPMORGAN CHASE BANK LOWES -PARTS 21.76 JPMORGAN CHASE BANK LIBERTY FLAGS -FLAGS 97.95 JPMORGAN CHASE BANK LOWES -DOOR LOCKS 17.94 A PLUS SERVICE INC HVAC REPAIRS CITY HALL 120.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 JPMORGAN CHASE BANK WILLIAMS PLUMBING - SERVICE 80.00 JPMORGAN CHASE BANK JOHNSTONE -FAN BELT 5.89 JPMORGAN CHASE BANK LOWES -PARTS 40.08 JPMORGAN CHASE BANK SCHINDLER -QTRLY MAINT 795.45 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - NOV., 2 304.43 JPMORGAN CHASE BANK LOWES -TAX REFUND -2.76 CITY GARAGE OVERHEAD LABOR CHGS - NOV 166.67 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 192.32 CITY GARAGE PARTS FOR CITY VEH & TRKS 157.88 COX COMMUNICATIONS INTERNET SVCS 12/7/10 TO 69.95 JPMORGAN CHASE BANK LOWES -LIGHT BULBS 32.82 CHARACTER TRAINING INSTITUTE CHARACTER CALENDARS 7.99 JPMORGAN CHASE BANK LOWES -LIGHT BULBS 35.19 JPMORGAN CHASE BANK LOWES -LIGHT BULB 8.48 TOTAL SUPPORT SERVICES 2,375.66 CEMETERY VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC 33.77 AEP /PSO ELECTRIC USE 34.90 JPMORGAN CHASE BANK EQUIPMENT ONE - RENTAL 75.00 L & M DUMPTRUCK & BACKHOE SERVICE TRUCK LOADS OF DIRT 90.00 TOTAL CEMETERY 233.67 POLICE SERVICES JPMORGAN CHASE BANK OWASSO FITNESS - PROGRAM 240.00 JPMORGAN CHASE BANK PIKEPASS REBILLS -PASS FEE 29.90 DONALD L. TAYLOR KEYS FOR FLEET CARS 21.00 POLICE PETTY CASH POLICE PETTY CASH REIMBUR 30.73 POLICE PETTY CASH POLICE PETTY CASH REIMBUR 2.54 POLICE PETTY CASH POLICE PETTY CASH REIMBUR 9.96 POLICE PETTY CASH POLICE PETTY CASH REIMBUR 24.22 AEP /PSO ELECTRIC USE 1,709.31 CITY GARAGE PARTS FOR CITY VEH & TRKS 3,997.71 JPMORGAN CHASE BANK USPS- POSTAGE 8.34 JPMORGAN CHASE BANK BUNN CORP- COFFEE DECANTER 31.66 JPMORGAN CHASE BANK FRED PRYOR -TRN MATERIAL 61.80 TREASURER PETTY CASH ANTIFREEZE 29.49 JPMORGAN CHASE BANK DELL - REFUND -73.63 JPMORGAN CHASE BANK DELL - REFUND - 221.55 Page 4 Claims List 12/21/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni POLICE SERVICES... JPMORGAN CHASE BANK SHI CORP- DESKTOP CALS 840.00 JPMORGAN CHASE BANK DELL - TICKET PAPER 195.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 98.60 JPMORGAN CHASE BANK LOWES -PARTS 14.96 JPMORGAN CHASE BANK SWPS.COM- TRAFFIC CONES 26.64 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 45.10 CITY GARAGE OVERHEAD LABOR CHGS - NOV 4,666.67 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - NOV., 2 8,068.76 JPMORGAN CHASE BANK LOWES - ROLATAPE 29.93 JPMORGAN CHASE BANK TURNKEY MOBILE - CABLES 35.90 JPMORGAN CHASE BANK PATROL TECH - FLASHLIGHTS 28.00 JAMES T. LONG TUITION REIMBURSEMENT 619.40 ICOP DIGITAL, INC AND FIRST GROWTH MIC BATTERY PACKS 120.68 ICOP DIGITAL, INC AND FIRST GROWTH MIC BATTERY PACKS 120.68 TOTAL POLICE SERVICES 20,811.80 POLICE COMMUNICATIONS JPMORGAN CHASE BANK WALMART- DETERGENT 11.97 DEPARTMENT OF PUBLIC SAFETY OLETS EQUIPMENT & DATAMAX 450.00 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 71.14 JPMORGAN CHASE BANK WALMART- PRISONER MEALS 59.84 AEP /PSO ELECTRIC USE 141.45 POLICE PETTY CASH POLICE PETTY CASH REIMBUR 9.77 LANGUAGE LINE SERVICES OVER - THE -PHONE TRANSLATIO 23.21 RICH & CARTMILL NOTARY BOND 30.00 TOTAL POLICE COMMUNICATIONS 797.38 ANIMAL CONTROL JPMORGAN CHASE BANK GRAINGER- HEATER REPAIR 29.56 POLICE PETTY CASH POLICE PETTY CASH REIMBUR 20.00 FULLERTON HYDRO -TEST INC. OXYGEN 20.50 FULLERTON HYDRO -TEST INC. OXYGEN 20.50 JPMORGAN CHASE BANK UNIFORMS - COMMANDO SWTR 30.12 JPMORGAN CHASE BANK JP COOKE- SUPPLIES 32.00 AEP /PSO ELECTRIC USE 193.17 CITY GARAGE PARTS FOR CITY VEH & TRKS 161.92 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 47.80 CITY GARAGE OVERHEAD LABOR CHGS - NOV 166.67 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - NOV., 2 173.17 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 28.00 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 28.00 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 28.00 TOTAL ANIMAL CONTROL 979.41 FIRE SERVICES FLEETCOR TECHNOLOGIES 7CASCO-BUNKER FUELMAN CHARGES - NOV., 2 1,674.25 JPMORGAN CHASE BANK BOOTS 578.00 Page 5 Claims List 12/21/2010 Budget Unit Title Vendor Name Payable Description Payment Amounl FIRE SERVICES... FSIO INSTRUCTOR CONFEENCE DUES 75.00 OKLAHOMA STATE UNIVERSITY - BURSAR FF 1 LIVE BURN CLASS 250.00 OKLAHOMA STATE UNIVERSITY- BURSAR FF 1 LIVE BURN CLASS 250.00 CITY GARAGE OVERHEAD LABOR CHGS - NOV 1,166.67 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 188.10 CHARACTER TRAINING INSTITUTE CHARACTER CALENDARS 7.99 JPMORGAN CHASE BANK WATERFRONT- SUPPLIES 147.18 JPMORGAN CHASE BANK ADVANCE AUTO -PARTS 4.09 JPMORGAN CHASE BANK CASCO- BUNKER GEAR 2,357.00 JPMORGAN CHASE BANK BMI- COPIER RENTAL 297.63 JPMORGAN CHASE BANK LOWES- SUPPLIES 144.67 JPMORGAN CHASE BANK ADVANCE AUTO -PARTS 14.24 JPMORGAN CHASE BANK WALMART- SUPPLIES 38.59 JPMORGAN CHASE BANK WALMART- SUPPLIES 145.38 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 857.03 JPMORGAN CHASE BANK LOWES- HARDWARE 80.31 JPMORGAN CHASE BANK LOWES -SAW 130.67 JPMORGAN CHASE BANK LOWES -TRASH CAN 6.29 JPMORGAN CHASE BANK WALMART -PARTS 41.94 CITY GARAGE PARTS FOR CITY VEH & TRKS 65.89 AEP /PSO ELECTRIC USE 1,507.65 JPMORGAN CHASE BANK WALMART- SUPPLIES 106.16 JPMORGAN CHASE BANK FIRE PROTECTION - MANUALS 36.37 JPMORGAN CHASE BANK ATWOODS -PARTS 66.98 JPMORGAN CHASE BANK OWASSO FITNESS -GYM USE 435.00 JPMORGAN CHASE BANK BUMPER TO BUMPER -PARTS 25.75 JPMORGAN CHASE BANK LOWES- SUPPLIES 68.90 JPMORGAN CHASE BANK LOWES -PARTS 7.38 JPMORGAN CHASE BANK WAYEST- REPAIRS 297.00 JPMORGAN CHASE BANK LIBERTY FLAGS -FLAGS 97.25 JPMORGAN CHASE BANK PIKEPASS FEES 2.80 TOTAL FIRE SERVICES 11,172.16 EMERGENCY PREPAREDNES VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL FOR STORM S 11.91 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL FOR STORM S 20.40 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL FOR STORM S 20.40 AEP /PSO ELECTRIC USE 100.74 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 9.78 TOTAL EMERGENCY PREPAREDNESS 163.23 STREETS JPMORGAN CHASE BANK IMSA- MEMBERSHIP DUES 60.00 JPMORGAN CHASE BANK IMSA- MEMBERSHIP DUES 60.00 JPMORGAN CHASE BANK IMSA- MEMBERSHIP DUES 60.00 JPMORGAN CHASE BANK LOWES- CHAINS 47.32 UNIFIRST HOLDINGS LP UNIFORM SERVICES 31.19 Page 6 Claims List 12/21/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni STREETS... UNIFIRST HOLDINGS LP UNIFORM SERVICES 31.19 UNIFIRST HOLDINGS LP UNIFORM SERVICES 29.49 CITY GARAGE OVERHEAD LABOR CHGS - NOV 1,166.67 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - NOV., 2 989.96 AEP /PSO STREET LIGHTS 5,153.37 JPMORGAN CHASE BANK BUMPER TO BUMPER -PINS 4.60 JPMORGAN CHASE BANK P & K EQUIPMENT -PARTS 26.97 JPMORGAN CHASE BANK ARMOR PERSONAL - GLOVES 24.00 SHERWOOD CONSTRUCTION CO, INC CONCRETE 1,900.00 AEP /PSO ELECTRIC USE 1,210.58 CITY GARAGE PARTS FOR CITY VEH & TRKS 2,797.44 AMERICAN ELECTRIC POWER MAIN STREET LIGHTING 1,000.00 AMERICAN ELECTRIC POWER SILVER CREEK LIGHTING 513.00 JPMORGAN CHASE BANK LOWES -BOLTS 1.42 JPMORGAN CHASE BANK ATWOODS- WINTER COAT 69.99 EQUIPMENT ONE RENTAL & SALES, INC. PROPANE FOR HOT BOX 61.38 TULSA ASPHALT, LLC TYPE "C' ASPHALT 47.64 OWASSO FENCE CO RANCH RAIL 76.88 JPMORGAN CHASE BANK SHERWOOD- CONCRETE 10,687.50 JPMORGAN CHASE BANK TAPCO- REFLECTIVE TAPE 333.53 JPMORGAN CHASE BANK STANDARD LAWN -SPARK PLUG 2.95 TOTAL STREETS 26,387.07 STORMWATER JPMORGAN CHASE BANK PIKEPASS FEES 6.70 WORKHEALTH SOLUTIONS, LLC HEPATITIS B VACCINE 89.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES 45.11 JPMORGAN CHASE BANK ATWOODS- APPAREL 144.98 JPMORGAN CHASE BANK LOWES- SUPPLIES 46.23 CITY GARAGE PARTS FOR CITY VEH & TRKS 396.43 JPMORGAN CHASE BANK P & K EQUIPMENT- CHAINS 44.22 JPMORGAN CHASE BANK P & K EQUIPMENT- REPAIRS 51.84 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - NOV., 2 851.31 CITY GARAGE OVERHEAD LABOR CHGS - NOV 1,166.67 UNIFIRST HOLDINGS LP UNIFORM SERVICES 45.11 UNIFIRST HOLDINGS LP UNIFORM SERVICES 45.11 TOTAL STORMWATER 2,932.71 PARKS CITY GARAGE OVERHEAD LABOR CHGS - NOV 250.00 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - NOV., 2 290.20 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 188.90 AEP /PSO ELECTRIC USE 1,428.60 JPMORGAN CHASE BANK ATWOODS-ANTI FREEZE 106.12 UNIFIRST HOLDINGS LP UNIFORM RENTALS & CLEANIN 14.65 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 5.00 Page 7 Claims List 12/21/2010 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL PARKS 2,283.47 COMMUNITY CENTER AEP /PSO ELECTRIC USE 667.47 TERMINIX PEST CONTROL 364.72 SAV -ON PRINTING & SIGNS LLC BUSINESS CARDS 30.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 359.82 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - NOV., 2 175.70 CITY GARAGE OVERHEAD LABOR CHGS - NOV 41.67 CHARACTER TRAINING INSTITUTE CHARACTER CALENDARS 15.98 TOTAL COMMUNITY CENTER 1,655.36 HISTORICAL MUSEUM ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 192.10 IAEP/PSO JELECTRIC USE 77.48 TOTAL HISTORICAL MUSEUM 269.58 ECONOMIC DEV JPMORGAN CHASE BANK OSU- REGISTRATION FEE 65.00 JPMORGAN CHASE BANK MEETING EXPENSE 8.68 CITY GARAGE OVERHEAD LABOR CHGS - NOV 41.67 JPMORGAN CHASE BANK WEBSCRIBBLE- HOSTING 19.99 JPMORGAN CHASE BANK MEETING EXPENSE 8.68 JPMORGAN CHASE BANK MEETING EXPENSE 8.68 JPMORGAN CHASE BANK WALL ST JOURNAL - RENEWAL 99.00 JPMORGAN CHASE BANK TARGET - BATTERIES 12.99 TOTAL ECONOMIC DEV 264.69 FUND GRAND TOTAL 101,417.6 AMBULANCE SERVICE AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 155.28 COMMUNITYCARE HMO AMBULANCE REFUND 673.75 TRAILBLAZER HEALTH ENTERPRISES AMBULANCE REFUND 297.82 TOTAL AMBULANCE SERVICE 1,126.85 AMBULANCE JPMORGAN CHASE BANK ALLMED- SUPPLIES 644.00 CITY GARAGE PARTS FOR CITY VEH & TRKS 322.58 JPMORGAN CHASE BANK FULLERTON- OXYGEN 58.80 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 1,514.81 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 465.32 CITY GARAGE OVERHEAD LABOR CHGS - NOV 1,000.00 JPMORGAN CHASE BANK ALLMED- SUPPLIES 305.85 FLEETCOR TECHNOLOGIES FUELMAN CHARGES - NOV., 2 1,321.05 FSIO BLS HCP CARDS 42.00 FSIO BLS HCP CARDS 42.00 JPMORGAN CHASE BANK ALLMED- SUPPLIES 15.85 Page 8 Claims List 12/21/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni AMBULANCE... JPMORGAN CHASE BANK ALLMED- SUPPLIES 208.50 JPMORGAN CHASE BANK MEDTRONIC - SUPPLIES 752.25 JPMORGAN CHASE BANK TULSA TECH - TRAINING CLASS 48.00 TOTAL AMBULANCE 6,741.01 FUND GRAND TOTAL 7,867.8 E911 COMMUNICATIONS AT &T E911 MAPPING -DEC., 2010 355.35 INCOG -E911 E911 ADMIN SVC FEES 6,945.11 JPMORGAN CHASE BANK TOTAL RADIO- MONTHLY FEES 285.00 TOTAL E911 COMMUNICATIONS 7,585.46 FUND GRAND TOTAL 7,585.4 CEMETERY- CEMETERY JJPMORGAN CHASE BANK ITMATER PROD -HDPE PIPE 1,155.00 TOTAL CEMETERY - CEMETERY 1,155.00 FUND GRAND TOTAL 1,155.0 HOTEL TAX - ECON DEV JPMORGAN CHASE BANK BUY OWASSO CAMPAIGN 1,000.00 CHRISTMAS EXPRESS, INC HOLIDAY BANNER INSTALLATI 1,794.00 JPMORGAN CHASE BANK LOWES- SUPPLIES 32.64 TOTAL HOTEL TAX - ECON DEV 2,826.64 FUND GRAND TOTAL 2,826.6 STORMWATER - STORMWATIJ MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES 1,445.43 TOTAL STORMWATER - STORMWATER 1,445.43 STRM MGMT - GARNETT DIET JPMORGAN CHASE BANK TERRACON -SOIL TESTING 2,807.66 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES 1.359.60 CHEROKEE BUILDERS CONSTRUCTION SERVICES 155,817.90 TOTAL STRM MGMT - GARNETT DETN 159,985.16 STORMWATER ATLAS MAPPI IMESHEK & ASSOCIATES, P.L.C. JENGINEERING SERVICES 15,662.25 TOTAL STORMWATER ATLAS MAPPING 15,662.25 FUND GRAND TOTAL 177,092.8 PARK DEV FD - PARKS JBOZ ENTERPRISES, INC IDIRT WORK BASEBALL FIELD 23,035.60 Page 9 Claims List 12/21/2010 Budget Unit Title I Vendor Name Payable Description jPayment Amouni TOTAL PARK DEV FD - PARKS 23,035.60 FUND GRAND TOTAL 23,035.6 CI - 106 /GARNETT INTERSEC SEVEN C'S ENTERPRISES, INC IRIGHT OF WAY ACQUISITION 7,200.00 TOTAL CI - 106 /GARNETT INTERSEC 7,200.00 CI -TRAFFIC SIGNAL ENHAN ITRAFFIC ENGINEERING CONSULTANTS,INC ISIGNAL SYSTEM ANALYSIS 2,603.84 TOTAL CI - TRAFFIC SIGNAL ENHAN 2,603.84 7 CI - STREET REHAB FY10 TRI -STAR CONSTRUCTION, LLC FY 2009 -2010 STREET REHAB 122,538.13 TOTAL CI -STREET REHAB FY10 122,538.13 FUND GRAND TOTAL 132,341.9 CITY GARAGE JPMORGAN CHASE BANK FLEET DISTRIB- STROBE BULB 120.68 JPMORGAN CHASE BANK QUIKSERVICE- STEEL/TUBING 76.00 JPMORGAN CHASE BANK AMERIFLEX -PARTS 18.90 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 314.40 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 12.88 JPMORGAN CHASE BANK FASTENAL-STAIN LESS BOLTS 7.94 JPMORGAN CHASE BANK ENLOW TRACTOR -PARTS 390.18 JPMORGAN CHASE BANK UNITED FORD -PARTS 63.08 AEP /PSO ELECTRIC USE 428.84 JPMORGAN CHASE BANK ATC- COOLANT TANK 170.92 JPMORGAN CHASE BANK OREILLYS -PARTS 3,622.74 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 T & W TIRE, LP TIRES FOR POLICE CAR 584.00 TOTAL CITY GARAGE 5,910.37 FUND GRAND TOTAL 5,910.3 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 264.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 342.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 578.00 TOTAL WORKERS' COMP SELF -INS 1,473.00 WORKERS' COMP SELF -INS ICITYOF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 2,536.80 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 2,723.60 Page 10 Claims List 12/21/2010 Budget Unit Title Vendor Name Payable Description Payment Amouni WORKERS' COMP SELF-INS...1 CITY OF OWASSO IMPREST ACCOUNT IWORKERS COMP CLAIMS EXPEN 1 2,420.93 TOTAL WORKERS' COMP SELF -INS 7,681.33 FUND GRAND TOTAL 9,154.3 GEN LIAB -PROP SELF INS AT &T SUPERIOR CONCRETE FENCE OF TEXAS BRUCE N. POWERS, ATTORNEY AT LAW TORT CLAIM PRECAST CONCRETE FENCE KIGHT VS. OWASSO 702.95 1,025.00 2,500.00 TOTAL GEN LIAB -PROP SELF INS 4,227.95 FUND GRAND TOTAL 4,227.9 CITY GRAND TOTAL $472,615.66 Page 11 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 12104/10 Department Payroll Expenses Total Expenses Municipal Court 4,586.31 6,186.89 Managerial 19,245.08 26,182.06 Finance 14,896.05 21,966.31 Human Resources 6,093.58 9,858.82 Community Development 11,062.75 15,600.56 Engineering 9,917.06 15,226.41 Information Systems 9,290.08 14,464.28 Support Services 6,910.07 9,975.48 Police 156,069.66 210,804.02 Central Dispatch 18,204.62 27,746.36 Animal Control 2,319.53 3,559.16 Fire 96,640.75 141,298.06 Emergency Preparedness 2,798.43 4,306.68 Streets 5,541.58 9,104.40 Stormwater /ROW Maint. 6,958.50 10,840.47 Park Maintenance 5,148.04 8,229.07 Community- Senior Center 2,823.35 4,744.14 Historical Museum 2,054.82 2,813.17 Economic Development 2,826.92 3,764.60 General Fund Total 383,387.18 546,670.94 Garage Fund Total 4,103.60 6,488.27 Ambulance Fund Total 20,300.56 29,587.09 Emergency 911 Fund Total 3,212.59 4,896.44 Worker's Compensation Total 4,312.32 5,207.83 Strong Neighborhoods 2,077.12 3,128.27 Stormwater Detention 350.00 396.03 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 12/21110 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 3,860.30 HEALTHCARE MEDICAL SERVICE 28,664.57 HEALTHCARE MEDICAL SERVICE 20,184.61 HEALTHCARE MEDICAL SERVICE 31,469.13 ADMIN FEES 943.00 HEALTHCARE DEPT TOTAL 85,121.61 DELTA DENTAL DENTAL MEDICAL SERVICE 2,116.60 DENTAL DEPT TOTAL 2,116.60 VSP VISION MEDICAL SERVICES 1,874.09 VISION DEPT TOTAL 1,874.09 HEALTHCARE SELF INSURANCE FUND TOTAL 89,112.30 CITY OF OWASSO GENERALFUND FISCAL YEAR 2010 -2011 Statement of Revenues & Expenditures As of November 30, 2010 MONTH r� r.nTr REVENUES: Taxes $ 1,560,490 Licenses & permits 4,917 Intergovernmental 38,157 Charges for services 36,534 Fines & forfeits 60,507 Other 4,951 TOTAL REVENUES 1,705,556 EXPENDITURES: Personal services 976,081 Materials & supplies 43,435 Other services 105,497 Capital outlay - TOTAL EXPENDITURES 1,125,014 REVENUES OVER EXPENDITURES 580,542 TRANSFERS IN (OUT): Transfers in Transfers out TOTALTRANSFERS NET CHANGE IN FUND BALANCE FUND BALANCE (GAAP Basis) Beginning Balance Ending Balance FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance YEAR 4,613,996 PERCENT TO -DATE BUDGET OF BUDGET (509,743) (2,545,296) $ 7,825,689 $ 18,400,200 42.53% 55,558 239,300 23.22% 202,916 2,363,726 8.58% 179,036 507,660 35.27% 328,447 778,700 42.18% 68,259 399,300 17.09% 38.17% 22,688,886 8,659,904 5,300,524 13,189,838 40.19% 250,117 618,980 40.41% 667,307 1,547,697 43.12% 22,036 1,949,772 1.13% 36.06% 17,306,287 6,239,984 2,419,920 44.96% 5,382,599 852,896 4,613,996 10,987,000 42.00% (1,362,639) (7,159,292) (16,831,075) 42.54% (509,743) (2,545,296) (5,844,075) 43.55% 70,799 (125,376) (461,476) 3,519,842 $ 3,394,466 2,042,256 2,042,256 $ 1,916,880 $ 1,580,780 Aft, 000, The City Wit7out Limits. TO: The Honorable Mayor and City Council Owasso Public Works Authority FROM: Angela Hess Finance Director SUBJECT: Fiscal Year 2009 -2010 DATE: December 17, 2010 BACKGROUND: The firm of Cole & Reed, P.C. has provided audit services to the city and its trust authorities for the past five years. Mike Gibson from Cole & Reed, P.C. met with members of the City staff and the City of Owasso's Audit Committee on December 2, 2010 to review and accept the annual audit for the fiscal year ended June 30, 2010. Members of the Audit Committee are Bryan Stovall, John Manning, Kevin Cavanah, Guy Nightingale, and Dennis Phillips. The Audit Committee was provided the auditor opinion, management letter and annual financial reports. The committee met independent of staff with Mr. Gibson to discuss any further questions or concerns regarding the audit findings. Cole and Reed provided an unqualified opinion and found no reportable material weaknesses related to the audit that would be included in the management letter for fiscal year 2009 -10. The Audit Committee was satisfied with the reports and related information. The Comprehensive Annual Financial Report (CAFR) is prepared annually as part of the state - required audit by an independent, certified and licensed auditor. The auditing firm reports their findings to the Audit Committee as established by City Ordinance No. 872. The City is responsible for completeness and accuracy of the annual report. The necessary auditor reports are included in the audit prepared by Cole and Reed. The audit attests to the City's compliance with Oklahoma State Law and federal reporting requirements. At the Council work session on December 14th, Mr_ Cavanah, Chair of the Audit Committee, and Mr. Gibson of Cole & Reed, presented the audit report and responded to questions from Council members. RECOMMENDATION: The Audit Committee and staff recommend acceptance of the Comprehensive Annual Financial Report for FY 2009 -10. ATTACHMENT: Audit Committee Letter December 8, 2010 Re: FY 2009 -10 Annual Audit Honorable Mayor and City Councilors: On December 2, 2010, Mike Gibson of Cole and Reed, P.C. met with members of the City of Owasso Audit Committee and City Staff to review the final draft of the FY 2009- 10 annual audit. Members of the Audit Committee are Bryan Stovall, Kevin Cavanah, John Manning, Guy Nightingale, and Dennis Phillips. The Audit Committee was given the opportunity to review the auditor's opinion, management letter and annual financial reports prior to the meeting. Mr. Gibson presented the audit and met independent of staff to discuss questions or concerns regarding their audit findings. As a result of our review of the annual audit and Mr. Gibson's presentation of the audit, the committee is satisfied with the reports and all related information pertaining to the FY 2009 -10 audit. The Audit Committee would like to take this opportunity to acknowledge there were no findings reported by Cole and Reed in this year's audit. The City of Owasso was found to be in compriance with all governmental accounting principles, and management has maintained effective internal controls. As Chairman of the Audit Committee, I will be present at the December 14'", 2010 work session to recommend Council accept the Comprehensive Annual Financial Report for FY2009 -10. Respectfully, r 7 evin Cavanah Audit Committee Chair The Aci Without Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Warren Lehr Assistant City Manager SUBJECT: Establish Minimum Value of Surplus Vehicles and Authorize eBay Auction DATE: December 17, 2010 BACKGROUND: The following vehicles have been deemed by the respective Department Directors as no longer needed to remain in service due to age and /or condition and are being recommended to be declared surplus by the City Council: ➢ 1998 GMC 3500 Van - Support Services ➢ 1994 Buick Century - Community Development ➢ 1993 Chrysler Dynasty - Support Services ➢ 1979 GMC Dump Truck - Public Works Typically, when the City of Owasso declares an item surplus, an approximate worth for the individual items are submitted to the City Manager (if valued at less than $500) or City Council (if valued at $500 or greater), along with the list for approval. Staff has reviewed the Finance Department's "Book Value" of the vehicles /items, and values from the "Kelley Blue Book" (when possible), as well as our auction history to determine a minimum value for each item. The following is the minimum value that has been determined for each vehicle: ➢ 1998 GMC 15 passenger Van w/ 168,765 miles = $1,000 1994 Buick Century w/1 17,880 miles = $ 500 ➢ 1993 Chrysler Dynasty w/ 98,421 miles = $ 500 ➢ 1979 GMC Dump Truck, mileage unknown = $ 500 These vehicles have been replaced and have no value to our organization. Also note that these surplus items have been sitting outside in storage and are continuing to depreciate, further losing value to the City of Owasso. eBay AUCTION: eBay is an online auction tool used by the City to obtain the highest resale or salvage price for items that have outlived their useful lifespan and have no foreseeable value to the City of Owasso. Auctioning surplus equipment on eBay has been used periodically since first approved by the City Council in 2002. HOW IT WORKS: ➢ City Council declares vehicles (or other items) surplus and declares a minimum value for each item. ➢ Staff gathers identification information, writes descriptions, and takes digital pictures for each item to be auctioned. ➢ Staff also determines whether the item can be shipped or will need to be picked up by the purchaser /buyer. If the City is responsible for shipping, staff will add shipping cost into the bidding specifications on the auction site. ➢ Items are placed on auction for 10 days (allowing the auction to occur over two weekends). ➢ When the item is added to the eBay auction site, advertising of the auction is also done on the City of Owasso's webpage & "tweeted" on Twitter. ➢ During the auction period, prospective bidders may e -mail the designated staff member to ask any questions they may have about the items being auctioned. The questions and answers are posted on the item's auction page, and item descriptions can be amended and /or corrected during the auction. ➢ At the close of the auction, eBay notifies the designated staff member of the highest bidder and provides their e -mail address. ➢ Staff notifies the highest bidder, and arrangements for payment by credit card, check, or cash are handled through the Utility Billing Window, and /or through the internet using "PayPal ". ➢ Arrangements are made for pick -up or shipping of the item once a deposit has been made. Items are released or shipped once payment is received. ➢ A deposit is required within 2 business days, payment in full is required within 7 days, and vehicle removal and /or shipping arrangements must be completed within 21 days of the auction close. eBay FEES: for Vehicles Listing Fee $ 50.00 10 day listing $ 15.00 Reserve Fee $ 7.00 Extra pictures $ 1.00 Estimated total cost $ +1-75.00 per vehicle listed RECOMMENDATION: Staff recommends City Council declare the following vehicles as surplus to the needs of the City of Owasso and approve the accompanying amount as a minimum value to be utilized for eBay auctioning: ➢ 1998 GMC 3500, 15 passenger Van w/ 168,765 miles = $1,000 ➢ 1994 Buick Century w/1 17,880 miles = $ 500 ➢ 1993 Chrysler Dynasty w/ 98,421 miles = $ 500 ➢ 1979 GMC Dump Truck, mileage unknown = $ 500 ATTACHMENT: A. Vehicle Descriptions ATTACHMENT A: VEHICLE DESCRIPTIONS 1998 GMC 3500 15 passenger Van w/ 168,765 miles VIN# 1GJHG39ROW1076671, Tag # 3- 56721, City ID# 0814 Van has been replaced. 1994 Buick Century, w/ 117,880 miles VIN# 3G4AG55M2RS615420, Tag # 3- 38070, City ID# 3724 1993 Chrysler Dynasty w/ 98,421 miles VIN# 1 B3XC46ROPD216681, Tag # 3 -33305 1979 GMC Dump Truck /mileage unknown VIN# C17DB9V152435, Tag # 3 -5014 Gas engine, 5x2 manual transmission /rear end 23,160 GVW, 7,000116,160 w/ remote hydraulics, Truck has not ran in 5 +1- years. � City Wi} trui I iii #;. TO: The Honorable +`Mayor, and City Council Cily of Owasso FROM: Michele Dempster Hunan Resources Director SUBJECT: OMRF Defined Benefit Plan Amendment Ordinance _r; 975 DATE: December 17, 2010 The Oklahoma Municipal Retirement Fund (OMRF) Defined Benefit Plan is the mandatory retirement plan for all full -time employees who do not participate in the State Police and Fire Retirement plans. The City and participating employees contribute to the plan based on an annual actuarial study. Upon retirement, an employee's benefit is based on a calculation which includes the average of their last 60 months salary and years of service. The City Council is the designated Retirement Committee for the City's OMRF retirement plans. Therefore all plan changes and /or modifications must be approved by the City Council. Staff was notified that the Defined Benefit Master Plan and Joinder agreement for our plan has recently been updated and approved by the Internal Revenue Service (IRS). According to IRS regulations, approved updates must be formally adopted by the City Council acting as the Retirement Committee. The changes are intended to clarify current plan language; more clearly define "compensation," and update language /definitions as required by Internal Revenue Code. The changes will not affect the city or employee's contributions or plan benefits. Similar changes were presented and approved by the City Council last Fall for the City's OMRF Thrift plan. Staff recommends City Council approval of Ordinance No. 975, amending the OMRF Defined Benefit plan Joinder Agreement and Master Plan document. ATTACHMENTS: 1. Summary of Changes 2. Proposed Ordinance #975 3. Joinder Agreement Oklahoma Municipal Retirement Fund Master Defined Benefit Plan and Joinder Agreement Summary of Changes The following summarizes the significant changes to the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan and Joinder Agreement recently approved by the IRS: A. Master Defined Benefit Plan Section Description 2.1(b) "Actuarial Equivalent." Incorporates a required reference to the mortality table that applies for purposes of calculating /determining whether a Participant's annual benefit exceeds the limit contained in Article X of the Plan. 2.1(f) "Average Monthly Compensation." Now allows the Employer to select (in the Joinder Agreement) the number of consecutive months that will be used to calculate Average Monthly Compensation, rather than automatically using 60 months. Provides that the number of consecutive months of service will include non - credited periods under an Authorized Leave of Absence. Also provides that if an Employee has less than the number of consecutive months selected by the Employer in the Joinder Agreement, the Employee's actual consecutive months will be used to calculate Average Monthly Compensation. 2.1(1) "Compensation." Defines Compensation as wages for purposes of Code § 3401(a), plus certain other amounts. Allows the Employer to specify modifications to the definition of Compensation in the Joinder Agreement. 3.1 "Eligibility." Provides that the term "Employee" is defined in the Joinder Agreement. Also provides that a person who has been classified as an independent contractor but is reclassified as an "Employee" will not be eligible to participate in the Plan. 3.4 "Pick -up Contributions." Provides in part that a private letter ruling is required if the sponsor /employer wishes a ruling on pick -up contributions. 4.1 "Normal Pension." Provides that an employee is eligible for a Normal Pension if his employment classification has changed such that he is no longer eligible to participate in the Plan (e.g., a part-time employee) on or after his Normal Retirement Date — provided that he is 100% vested. 7.2 "Other Forms of Payment." Now includes an Option G, which allows a payee to receive a combination of Option F and Option D or Option E. 7.6(a)(i) "Eligible Rollover Distribution." Provides that a portion of a distribution will not fail to be an eligible rollover distribution because it consists of after -tax employee contributions that are not includible in gross income — but restricts the type of plans that the portion may be paid to. 7.6(a)(ii) "Eligible Retirement Plan." An "Eligible Retirement Plan" now includes an annuity contract described in Code § 403(b); an eligible plan under Code § 457(b) that is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision that agrees to separately account for transferred amounts. Also, the definition of "Eligible Retirement Plan" now applies in the case of a distribution to a Participant's surviving non - spouse Beneficiary — provided, however, that the direct rollover may only be made to an individual retirement account or annuity described in Code § 408(a) or 408(b). 7.7 "Minimum Distribution Requirements." As required by Code §401(a)(9), for purposes of 4 determining the required minimum distributions beginning with the 2003 calendar year, this section generally provides that a Participant's entire interest will be distributed, or begin to be distributed, no 5 later than the April 1 of the calendar year following the later of (a) the calendar year in which the Participant attains age 70'/2, or (b) the calendar year in which the Participant retires. 8.1(a) Transfers to Another Category With Same Employer. This subsection provides that if an Employee is transferred to a department, classification, or category with his Employer and is consequently no longer eligible to participate in this Plan, his participation ceases and he does not continue to accrue service for the purposes of benefit accruals or additional vesting credit. 9.1(a)(14) Committee Powers. Expressly gives the Committee the power to appoint persons to perform certain tasks, including but not limited to, persons to receive and separately account for certain payments and payroll deductions consisting of contributions or assets under the Plan for the Fund. 9.1 City Treasurer and City Personnel Officer. Removed 9.1(c) and 9:1(d) from the old Plan. The Plan no longer provides that the City Treasurer is the Treasurer of the Plan, and no longer provides that the City Personnel Officer will assist in the administration of the Plan. 9.4 Abandonment of Benefits. Generally provides that if a Participant or Beneficiary is entitled to receive benefits under the Plan, but their whereabouts are unknown, the benefits will be forfeited if the Committee has mailed to such person notice of the right to receive benefits, and after one year, mails the notice again. But this section also provides that if the whereabouts of such a lost Participant or Beneficiary (whose benefits have been forfeited) later becomes known to the Committee and the person makes a claim for benefits, the Committee shall reinstate the forfeited benefits. 9.5 Benefits Payable to Incompetents. Where payments are due to a minor or another person under legal disability, at the discretion of the Committee, the payments may be made to either (a) a parent, spouse, relative by blood or marriage; or (b) the person's legal representative. 10.2 -10.4 Limitation on Benefits. As required by Code § 415, these sections generally provide that the annual benefit payable to a Plan Participant will not exceed $160,000 (this number is adjusted annually, and is --_ $195,000 for 2010), but this amount is subject to adjustment as provided in 10.4(g). 10.12(a)- Re- employment of Retired Employees. Where a retired Employee receives Pension payments and (b) then is later re- employed, the Pension payable upon his subsequent Retirement is equal to the sum of (a) the amount he had been receiving for his prior Retirement, subject to cost -of- living adjustments, payable under the same form of annuity elected for his prior Retirement; and (b) an amount determined solely for his Compensation and Service with the Employer after re- employment, payable in the form elected under Article V, VI, or VII. 12.3 Amendments. This section allows McAfee & Taft to adopt certain required amendments on behalf of all Employers without each Employer being required to separately adopt the amendments. B. Joinder Agreement Section Description 4 Definition of Compensation. Allows the Employer to exclude certain items (such as overtime and bonuses) from the definition of Compensation. 5 Average Monthly Compensation. Allows the Employer to use either 36 consecutive months or 60 consecutive months for purposes of determining Participants' Average Monthly Compensation, which is defined in Section 2.1(f) of the Master Plan Document and which is used in Section 5.1(a) of the Master Plan Document to calculate Participants' normal pension. -2- AN ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 975 AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED BENEFIT PLAN FOR THE CITY OF OWASSO, OKLAHOMA BY ADOPTING A REVISED AND RESTATED RETIREMENT PLAN; PROVIDING RETIREMENT BENEFITS FOR ELIGIBLE EMPLOYEES OF THE CITY OF OWASSO, OKLAHOMA; PROVIDING FOR PURPOSE AND ORGANIZATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR ELIGIBILITY AND PARTICIPATION; PROVIDING FOR NON - ALIENATION OF BENEFITS; LOSS OF BENEFITS FOR CAUSE AND LIMITATIONS OF BENEFITS; PROVIDING FOR EMPLOYER AND EMPLOYEE CONTRIBUTIONS; PROVIDING FOR ACCOUNTING, ALLOCATION, AND VALUATION; PROVIDING BENEFITS; PROVIDING FOR REQUIRED NOTICE; PROVIDING FOR AMENDMENTS AND TERMINATION; PROVIDING FOR TRANSFER TO AND FROM OTHER PLANS; CREATING A RETIREMENT COMMITTEE AND PROVIDING FOR POWERS, DUTIES, AND RIGHTS OF RETIREMENT COMMITTEE; PROVIDING FOR PAYMENT OF CERTAIN OBLIGATIONS; PROVIDING FOR DURATION AND PAYMENT OF EXPENSES; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR VESTING SCHEDULES; PROVIDING FOR A FUND TO FINANCE THE SYSTEM TO BE POOLED WITH OTHER INCORPORATED CITIES, TOWNS AND THEIR AGENCIES AND INSTRUMENTALITIES FOR PURPOSES OF ADMINISTRATION, MANAGEMENT, AND INVESTMENT AS PART OF THE OKLAHOMA MUNICIPAL RETIREMENT FUND; PROVIDING FOR PAYMENT OF ALL CONTRIBUTIONS UNDER THE SYSTEM TO THE OKLAHOMA MUNICIPAL RETIREMENT FUND FOR MANAGEMENT AND INVESTMENT; PROVIDING FOR REPEALER AND SEVERABILITY; ADOPTING THOSE AMENDMENTS MANDATED BY THE INTERNAL REVENUE CODE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT TO -WIT: Section 1. That pursuant to the authority conferred by the laws of the State of Oklahoma, and for the purpose of encouraging continuity and meritorious service on the part of City employees and thereby promote public efficiency, there is hereby authorized created, established, and approved and adopted, effective as of January 1, 2011, the amended and restated Plan designated "Employee Retirement System of the City of Owasso, Oklahoma, Defined Benefit Plan," (hereinafter called System), an executed counterpart of which is marked Exhibit "A" (Joinder Agreement) and Exhibit "B" (amended and restated plan) and attached hereto as part hereof. Section 2. FUND. A fund is hereby provided for the exclusive use and benefit of the persons entitled to benefits under the System. All contributions to such fund shall be paid over to and received in trust for such purpose by the City. Such Fund shall be pooled for purposes of management and investment with similar funds of other incorporated cities, towns, and municipal trusts in the State of Oklahoma as a part of the Oklahoma Municipal Retirement Fund in accordance with the trust agreement of the Oklahoma Municipal Retirement Fund, a public trust. The City shall hold such contributions in the form received, and from time to time pay over and transfer the same to the Oklahoma Municipal Retirement Fund, as duly authorized and directed by the Board of Trustees. The Fund shall be nonfiscal and shall not be considered in computing any levy when the annual estimate is made to the County Excise Board. Section 3. APPROPRIATIONS. The City of Owasso, Oklahoma, is hereby authorized to incur the necessary expenses for the establishment, operation, and administration of the System, and to appropriate and pay the same. In addition, the City of Owasso, Oklahoma, is hereby authorized to appropriate annually such amounts as are required in addition to employee contributions to maintain the System and the Fund in accordance with the provisions of the Defined Benefit Plan. Any appropriation so made to maintain the System and Fund shall be for deferred wages or salaries, and for the payment of necessary expenses of operation and administration to be transferred to the trustees of the Oklahoma Municipal Retirement Fund for such purposes and shall be paid into the Fund when available, to be duly transferred to the Oklahoma Municipal Retirement Fund. Section 4. EXECUTION. The Mayor and City Clerk be and they are each hereby authorized and directed to execute (in counterparts, each of which shall constitute an original) the System instrument, and to do all other acts and things necessary, advisable, and proper to put said System and related trust into full force and effect, and to make such changes therein as may be necessary to qualify the same under Sections 401(a) and 501(a) of the Internal Revenue Code of the United States. The counterpart attached hereto as Exhibit "A" and Exhibit `B ", which has been duly executed as aforesaid simultaneously with the passage of this Ordinance and made a part hereof, is hereby ratified and confirmed in all respects. This Committee is hereby authorized and directed to proceed immediately on behalf of the City of Owasso, Oklahoma, to pool and combine the Fund into the Oklahoma Municipal Retirement Fund as a part thereof, with similar funds of such other cities and towns, for purposes of pooled management and investment. Section 5. REPEALER. Any Ordinance inconsistent with the terms and provisions of this Ordinance is hereby repealed, provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this Ordinance. Section 6. SEVERABILITY. If, regardless of cause, any section, subsection, paragraph, sentence or clause of this Ordinance, including the System as set forth in Exhibit "A" and Exhibit "B ", is held invalid or to be unconstitutional, the remaining sections, subsections, paragraphs, sentences, or clauses shall continue in full force and effect and shall be construed thereafter as being the entire provisions of this Ordinance. PASSED by the City Council of the City of Owasso, Oklahoma on the 21st day of December, 2010. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of , 2010. Julie Lombardi, City Attorney Exhibit A OKLAHOMA MUNICIPAL RETIREMENT FUND MASTER DEFINED BENEFIT PLAN JOINDER AGREEMENT City of Owasso, a city, town, agency, instrumentality, or public trust located in the State of Oklahoma, with its principal office at Owasso, Oklahoma, hereby establishes a Defined Benefit Plan to be known as City of Owasso Plan (the "Plan ") in the form of The Oklahoma Municipal Retirement Fund Master Defined Benefit Plan. Except as otherwise provided herein, the definitions in Article H of the Plan apply. 1. Dates. [ ] This instrument is a new Plan effective [ X ] This instrument is an amendment, restatement and continuation of the Previous Plan, which was originally effective July 1, 1972. The effective date of this Joinder Agreement is January 1, 2011, except as otherwise stated in the Plan and the Joinder Agreement. 2. Employee. The word "Employee" shall mean: [ X ] Any person other than a Leased Employee who, on or after the Effective Date, is considered to be a regular full -time employee in accordance with the Employer's standard personnel policies and practices, and is receiving remuneration for such services rendered to the Employer (including any elected official and any appointed officer or employee of any department of the Employer, whether governmental or proprietary in nature), including persons on Authorized Leave" of Absence. Employees shall not include independent contractors. Elected members of the City Council shall not be considered to be Employees solely by reason of their holding such office. [ ] Any person other than a Leased Employee who, on or after the Effective Date, is considered to be a regular employee in accordance with the Employer's standard personnel policies and practices (including part-time, seasonal and temporary employees), and is receiving remuneration for such services rendered to the Employer (including any elected official and any appointed officer or employee of any department of the Employer, whether governmental or proprietary in nature), including persons on Authorized Leave of Absence. Employees shall not include independent contractors. Elected members of the City Council shall not be considered to be Employees solely by reason of their holding such office. [ ] Any person who, on or after the Effective Date, is an employee of the Employer and is . The word "Employee" shall not include: [ X ] Any person who is currently accruing benefits under any other state or local retirement system. [ ] Any person who is. 3. Eligibility. Eligible Employees shall commence participation in the Plan: (Select only one) [ ] _ month(s) (any number of months up to twelve consecutive) after the Employee's Employment Commencement Date. [ X ] On the Employee's Employment Commencement Date. 4. Definition of Compensation. Compensation shall exclude the item(s) listed below: [ ] No exclusions. [ ] Overtime pay. [ X ] Bonuses. [ X ] Commissions. [ X ] Severance pay. [ X ] Fringe benefits, expense reimbursements, deferred compensation and welfare benefits. [XI Other: Accrued vacation or sick leave paid upon termination of employment and moving expenses. 5. Average Monthly Compensation. The considered period for purposes of the definition of "Average Monthly Compensation" in Section 2.1 of The Oklahoma Municipal Retirement Fund Master Defined benefit Plan is: [ X ] sixty (60) consecutive months. [ ] thirty-six (36) consecutive months. 6. The Employer hereby elects the following Plan design: [ X ] Mandatory Contribution Option. An Employee shall be required to contribute to the Plan for each Plan Year the percentage of his Compensation ( "Mandatory Contributions ") required by the Plan. Mandatory Contributions shall be made by payroll deductions. An Employee shall authorize such deductions in writing on forms approved by, and filed with, the Committee. If the Employee's contributions are to be taxed deferred: [ X ] Pick-Up Option. The Employer hereby elects to have the provisions of Section 3.4 of the Plan apply. The Employer shall pick -up and pay the percentage of each Participant's Compensation required to be contributed as of July 1, 1992 in lieu of contributions by the Participant. No Participant shall have the option of receiving the contributed amounts directly as Compensation. [ ] Non - Contributory Option. Participants shall not be required nor permitted to contribute to the Plan. 7. A. Payment Options. The Employer hereby elects the following minimum number of payments for employees eligible to receive benefits under Article IV of the Plan: [ X ] Sixty (60) monthly payments. [ ] One hundred and twenty (120) monthly payments. B. Plan Options. The Employer hereby elects the following plan designation and percentage used in calculating benefits under Section 5.1 of the Plan. [ ] Plan AAA - 3% with no maximum Years of Service [ ] Plan AAA - 3% recognizing a maximum of 22 Years of Service [ X ] Plan AA - 2.625% [ ] Plan BB - 2.25% [ ] Plan CC - 1.875% [ ] Plan A - 1.5% [ ] Plan B - 1.125% [ ] Plan C -.75% C. Normal Retirement Age. Normal retirement age shall be: [ ] Age 65 [ X ] The earlier of (i) and (ii) as follows: (i) age 65 (ii) the later of age 62 and the age at which the Participant has completed 30 years of service. Examples: An employee hired at age 20 who worked for 30 years and terminated at age 50 would be entitled to unreduced payments at age 62. An employee hired at age 30 who worked for 25 years and terminated at age 55 would be entitled to unreduced payments at age 65. [ ] Modified Rule of 80: The earlier of (i) and (ii) as follows: (i) age 65 (ii) the later of age 55 and the age at which the sum of the Participant's age in completed years and the participant's number of completed years of credited service total 80 or greater. To be eligible, the Participant's age plus service must be at least 80 prior to tennination of employment. Examples: 1. An employee hired at age 30 who worked for 25 years and terminated at age 55 would be entitled to unreduced payments immediately. Age 55 plus 25 years equals 80. Exhibit A — Page 2 2. An employee hired at age 20 who worked for 30 years and terminated at age 50 would be entitled to unreduced payments at age 55. The employee has age plus service points at age 50 but the minimum age for payment is 55. 3. An employee hired at age 25 who worked for 25 years and terminated at age 50 would be entitled to unreduced payments at age 65. Age 50 plus 25 years is less than 80, so the Normal Retirement Age is 65. D. Vesting Options. The Employer hereby elects the following vesting option to detennine an Employee's eligibility to receive retirement benefits. [ ] Ten Year Cliff Vesting Schedule [ J Seven Year Cliff Vesting Schedule [ X ] Five Year Cliff Vesting Schedule E. Service Credit Prior to Original Plan Effective Date. The Employer hereby elects to include the following limitation of service prior to the original Plan effective date. [ X ] No limitation [ ] Service credit prior to the original Plan effective date shall not exceed _ years. F. Service Buyback. The Employer hereby elects [ ] No service buyback pursuant to Section 10.13 of the Plan [ X ] The service buyback provisions of Section 10.13 of the Plan. G. Service for Worker's Compensation Period. If a Participant is on an Authorized Leave of Absence and is receiving worker's compensation during such Authorized Leave of Absence, such Participant [ X ] shall be credited with Service for such period for purposes of vesting only and not for purposes of benefits, but no Employee contributions shall be made with respect to the Participant for such period. [ ] shall not be credited with Service for such period. 8. Contributions by Employees. If Employees are required to contribute to the cost of providing benefits under this Plan, such contributions shall be based on the plan designation selected in Section 7B above and shall apply to pay periods commencing on and after July 1, 2001. a. [ ] The Employee contribution formula in Section 3.3 of the Plan shall use the following maximum percentage for the Plan Option selected in Section 7B of this Joinder Agreement: Plan AAA — 6.0% Plan AA - 5.25% Plan BB - 4.5% Plan CC - 3.75% Plan A - 3% Plan B - 2.25% Plan C - 1.5% b. [ X ] The contribution formula shall be 4.26% of compensation. (Not to exceed the percentages in above paragraph). c. [ ] The contribution as annually determined each year shall be shared by the Employee and Employer as follows: Employee portion % Employer portion % (Employee plus Employer percentages must total 100 %.) The contribution will be actuarially determined based on Plan assets and liabilities as of January 1 of each year as a percent of payroll, which will then be shared between the Employer and Employee as noted above. These contribution rates will be in effect from July 1 of that year until June 30 of the subsequent year. Exhibit A — Page 3 9. Cost -of- Living Option. For purposes of adjusting retiree and beneficiary pensions, the Employer hereby elects the following: [ X ] No Cost -of- Living Option. [ ] Cost -of- Living Option. This election applies to Sections 5.1 (Normal Pension), 5.4 (Deferred Vested Pension), 63A and 6.313 (Death After Commencement of Pension), and 6.4 (Spouse's Pension) and provides annual benefit increases of the smaller of three percent (3 %) or the percentage change in the Consumer Price Index. The effective date of the Cost -Of- Living Option shall be _, the original date that the Employer elected the Cost -Of- Living Option. 10. Retiree Plan Improvement Option. Benefits payable to or on behalf of a former Employee under Article V. Article VI, or Article VII of the Plan, which are due or in the course of payment of the Effective Date of this Joinder Agreement, shall [ ] be increased according to the Plan Option elected herein. Such increased benefits shall be reflected in any periodic payments due or paid on or after the Effective Date of the Joinder Agreement. It is not intended for this change to be retroactive and any periodic payments due prior to such date shall not be affected. [ ] be increased by % effective . Such increased benefits shall be reflected in any periodic payments due or paid after such date. It is not intended for this change to be retroactive and any periodic payments due prior to such date shall not be affected. [ X ] not be increased, but shall continue to be paid under the terms of the Previous Plan. 11. Limitations on Optional Benefit Forms. Section 7.2 of the Plan provides for a lump sum payment form, an installment payment form that would be payable over a fixed number of years (at which time all payments would cease), or the purchase of an insured annuity. The Employer hereby elects the following: [ X ] Optional benefit forms under Section 7.2 of the Plan will not be permitted. [ ] Optional benefit forms under Section 7.2 of the Plan will be permitted, subject to Retirement Committee approval for any such elections by an Employee, subject to the following limitation(s): (The above election has no effect on the joint and survivor optional benefit forms under Section 7.1). 12. Defined Contribution Option. [ X ] Not applicable. [ ] Participant shall be entitled to the benefit under this option, in addition to the benefit determined according to Section 7B. An account shall be created for each active Participant as of the effective date of the option. The beginning balance of the account shall be the Participant's Contribution Accumulation. The account shall be credited with: (1) Mandatory Contributions made by the Participant after the effective date of the option. (2) Investment earnings at same rate as earned by the Oklahoma Municipal Retirement Fund (OMRF) Defined Benefit Fund. As soon as administratively possible after termination of employment or death, the administrator shall pay the Participant or Beneficiary if applicable, the account balance. The Participant may elect to receive the benefit in any of the Benefit options permitted under the plan. The benefit shall be the Actuarial Equivalent of the account balance at the time the benefit commences. The administrator shall determine the method of determining the investment earnings and the date such investment earnings are credited. This option shall be effective _. Exhibit A — Page 4 13. The Employer has consulted with and been advised by its attorney concerning the meaning of the provisions of the Plan and the effect of entry into the Plan. IN WITNESS WHEREOF City of Owasso has caused its corporate seal to be affixed hereto and this instrument to be duly executed in its name and behalf by its duly authorized officers this day of City of Owasso Attest: Title: Title: (SEAL) 14. The foregoing Joinder Agreement is hereby approved by the Oklahoma Municipal Retirement Fund this day of , Attest: Secretary (SEAL) OKLAHOMA MUNICIPAL RETIREMENT FUND IN Title: Chairman Exhibit A — Page 5 The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: David Warren Parks Director SUBJECT: Bid Award Sports Park South Restroom DATE: December 17, 2010 BACKGROUND: The FY 2010 -11 Budget included funding for several different projects throughout the City of Owasso. Included in that project list was funding to provide improvements to the Owasso Sports Park South. A total of $160,000 was budgeted in the Capital Improvements Fund for this purpose. In November, the Parks Department began the process of advertising for bids in order to provide the Sports Park South restroom. The bid packet was developed with a base bid, and two alternate bid item specifications. The base bid included the installation of a handicapped accessible restroom at the Sports Park South, which would match the three existing restrooms located at the Sports Park North. Alternate No.l was installation of approximately 625 feet of sewer service line. Alternate No.2 was a standing seam metal roof. All bids were to be received by November 29th, at 2:00 PM. Due to this restroom being identical to the existing restrooms located at the Sports Park North, no pre -bid meeting was conducted. A total of 7 bid packets were obtained following advertisement and a total of 4 companies submitted bids. A copy of the bid tally sheet is attached for your information and review. A review of the bids submitted indicates that 3 of the bids that were received are in compliance with specifications. Staff is prepared to recommend the award of the Sports Park South restroom and alternate No.l to TriStar Construction, as they were the qualifying low bidder at $140,490 and alternate No.l at $12,531. Having previously constructed a restroom facility for the City of Owasso, staff has no concerns with their workmanship. FUNDING: Funds for the restroom improvements were included within the Capital Improvements Fund budget in the amount of $160,000. Please note that the remaining funds budgeted for this project will be utilized to provide a water tap and walkway to this facility. RECOMMENDATION: Staff recommends City Council award construction of the restroom and alternate No.1 at Sports Park South to TriStar Construction in the total amount of $ 153,021, and authorize the Mayor to execute the contract. Sports Park South Restroom Page 2 ATTACHMENT: A. Bid Tally Sheet B. Location Map C. Restroom Floor Plan and Elevation Profile CITY OF OWASSO, OKLAHOMA SPORTS PARK SOUTH RESTROOM Bid Opening 11/29/2010 Number of Bids: 4 Bids Opened By: Marcia Boutwell Witness: David Warren BIDDER BASE BID ALT #1 ALT #2 Crestline Construction, Broken Arrow $178,299.00 $19,600.00 $4,500.00 Builders Unlimited, Tulsa $173,181.00 $4,419.00 $16,464.00 CEI Incorporated, Tulsa $148,711.00 $31,000.00 $6,400.00 Tri -Star Construction, Catoosa $140,490.00 $12,531.00 $4,500.00 Certification: I, Marcia Boutwell, Contract Administrator, do hereby certify that, to the best of my knowledge, this Bid Documentation is true and correct. Signature: (s) Marcia Boutwell Date: November 29, 2010 0 0 0 PROPOSED:: RE STROOM, 0 Ab 0 EKISTING I PlkRKING fr i CS OJ E. 10 CITY OF OWASSO 1 1 1 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 9/30/2010 -7 e,�e,AL PLAN A RMTROOM FACILITY ?-OR THE UTY or oi' AW AT THE SPORTS ��:�'raw ��r \��rrr. r� ��.�11�� t� ��rr�. ..�r1r�. ►� .��1��/� 4-0 IIMIINy1fIINMiy4MilyfOl�MWWMMt YYriYr/�IWiNU Mp /' MM �; ' ' ` ' .. t The City Wit rou t Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Recommendation for Contract Award Rayola Park Improvements DATE: December 17, 2010 BACKGROUND: In February 2010, the Rayola Park Improvement Project was given approval by City Council. The park serves as an important element of the City's park system and is a valuable open space that serves the residents of the City and the patrons of the adjacent YMCA. The project will improve the appearance and stability of the drainage way that runs through the park, including the addition of small dams as water features; provide a continuous concrete walking path loop; upgrade the site lighting; provide ADA compliant handicap accessible entrances; repair the two park bridges. In mid - August, the Engineering Division of Public Works completed the design of the park improvement plans. The original bids for the project were opened on September 17, 2010, with three (3) bids presented. All three bids were tabulated by City staff and proved to be in excess of the engineer's estimate of $300,000. Staff examined options to reduce the scope or seek additional funding of the project due to the cost exceeding the Department's engineering estimate and the shortage of available funding. At this time, additional funding options were not sufficient to meet the bids received. Staff had reason to believe that a reduction of scope and a second bidding opportunity would allow additional contractors to bid this project in a competitive bidding environment providing a more affordable project. At the October 5, 2010 Council meeting, the Council approved the rejection of all three bids, as recommended by staff. In mid - October, staff began working on the contract documents for re- bidding purposes and contacted seven (7) respected contractors to ensure a more competitive bidding process. On October 29, 2010, the project was re- advertised, and bids were opened on November 18, 2010. Three (3) bids were received, with one of the bids being disqualified for failure to meet contract requirements by not providing a complete bid set (second highest bid). The qualifying bid amounts are as follows: Bidder Base bid Alt 1 thru 8 Total Bid Other Costs Total Project Cost Cherokee Pride $351,340.00 $19,950.00 $371,290.00 $22,000.00 $393,290.00 Tri -Star $318,159.05 $39,120.00 $357,279.05 $22,000.00 $379,279.05 Both of the qualifying bids are from respected contractors that the City has worked with in the past, and both of their bids are approximately $100,000 lower than those of the qualified bidders from the first bidding. For the two bids received, the base bid includes the walking trail (concrete), drainage work, some electrical work and the low water dams. The alternates include services such as trenching for the electrical conduit, surveying, and painting the existing handrail and bridge. In addition, the bridge deck work will be replaced and re- enforced and concrete storm drain box structures will be added. The other cost line item of $22,000 is exclusive from the contract and includes light pole and fixture cost, and removal of the existing wood electrical poles. As mentioned above, our budget amount for this project is $308,000.00. That leaves a funding gap of approximately $100,000. In order to fund that gap, a request will be made to the City Council to utilize an additional $106,000 from this year's (2010 -2011) CDBG funding. Staff has spoken with the CDBG administrator at the Indian Nations Council of Governments (INCOG), who has approved the use of 2010 -2011 funds for this project. If approved, that will mean that three years of CDBG funding for the City will be used on the Rayola Project. Staff believes the use of additional funding from this year's CDBG is appropriate in order to construct a quality project and improve our "gateway" on US 169. City staff believes that any further reduction in the proposed project scope would significantly reduce the impact and quality of the project. FUNDING: Funding for this project is currently available from three sources: the 2008 -2009 Community Development Block Grant totaling $96,000, the 2009 -2010 Community Development Block Grant totaling $98,000, and the Vision 2025 grant totaling $114,000. Additional funding will be requested from the 2010 -2011 Community Development Block Grant totaling $106,000. Funding Source Amount 2008 -2009 Community Development Block Grant $ 96,000 2009 -2010 Community Development Block Grant $ 98,000 Vision 2025 Grant $ 114,000 2010-2011 Community Development Block Grant (Proposed) $ 106,000 Total: $ 414,000 RECOMMENDATION: Staff recommends City Council award the 2010 Rayola Park Improvements Project contract, including alternates 1 through 8, to Tri -Star Construction, LLC in the amount of $357,279.05, and authorize the Mayor to execute the contract. ATTACHMENT: A. Bid Tabulation BID DOCUMENTATION Number of Bids: Bids Opened By Witnesses: Marcia Boutwell John Feary Daniel Dearing CITY OF OWASSO, OKLAHOMA Rayola Park Improvements Re -Bid Bid Opening: November 18, 2010 BIDDER BASE BID ALT #1 ALT #2 ALT #3 ALT #4 ALT #5 ALT #6 ALT #7 ALT #8 Cherokee Pride, $348,340.00 $600.00 $6000.00 $3000.00 $1800.00 $3500.00 $1750.00 $1800.00 $1500.00 Sapulpa Contech, LLC, Broken Incomplete Bid Arrow Tri -Star Const, $318,159.05 $1350.00 $18,900.00 $6300.00 $1600.00 $3000.00 $4900.00 $1170.00 $1900.00 Catoosa nTity wi aut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Final Plat — Temple Business Park DATE: December 17, 2010 BACKGROUND: The City of Owasso has received a final plat for the review and approval of the Temple Business Park final plat. The final plat proposes one (1) lot on 1.28 acres of property. The applicant wishes to plat the property so that they may develop a heating and air conditioning unit commercial sales facility. The subject property is located on North Main just to the west of the Brookwood Apartments, east of the Owasso Public School's 7th Grade Center, and North of the Kum & Go site. SURROUNDING ZONING: North: Johnstone Supply, CG Zoning South: Kum and Go, CG Zoning East: Brookwood Apartment, RM -1 Zoning West: The Owasso Public Schools 7th Grade Center, RS -3 Zoning PROPERTY CHARACTERISTICS: The subject property is 1.28 acres in size. The property is served by the City of Owasso water, sanitary sewer, police, fire, and EMS service. DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The applicant is requesting the review and approval of the Temple Business Park final plat so they may plat and eventually develop the property with a full commercial sales facility of heating and air equipment and supplies. The property is zoned CG (Commercial General). The designation outlines the development standards for the property in a commercial manner. The proposed layout for the heating and air conditioning unit commercial sales use associated with the plat is allowed by right according to the zoning designation. According to the final plat, the developer would like to create one (1) 1.28 acre lot, which would be the proposed site of the commercial sales entity. The main access into the Temple Business Park will be from North Main Street. The applicant has shown a total of 100' to be designated on the site plan for ingress and egress. The 100' that is designated for ingress and egress would consist of two 50' points of access. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. Commercial sewer and water service will be provided by the City of Owasso. The property will be subject to all payback fees, including Storm Siren fees of $35 per acre. The proposed plat illustrates a 17.5' utility easement on the west and north boundaries of the site, a 15' utility easement on the east boundary of the site, and an 1 1' utility easement on the south boundary of the site. OWASSO PLANNING COMMISSION: The Owasso Planning Commission approved the final plat for Temple Business Park at their meeting on Monday, December 13, 2010. RECOMMENDATION: Staff recommends City Council approval of the Temple Business Park final plat. ATTACHMENTS: A. Final Plat of Temple Business Park I Y I 1FSAf no n. PUl N0.59)3 Final Subdivision Plat TEMPLE BUSINESS PARK AN ADDITION TO THE CITY OF OWASSO, BEING A SUBDIVISION IN THE SEA OF THE SW/4 OF THE SE /4 OF SECTION 19, T -21 -N, R -14 -E OF THE I.B.81M., TULSA COUNTY, STATE OF OKLAHOMA ADDITION HAS 1 LOT IN 1 BLOCK AND CONTAINS 1.28 ACRE MORE OR LESS. N —IN-f -- --- - "'-- '--- -'- -_` ar Wry ---------- - - - - -` I I I 8 I 81 I I � I I I � i i L I.� I r I I 1 LOT 1 BLOCK 1 8701 NORTH MAIN I I I I I I Nruino�'niii I N ti o II I I� I I' � I �I II II III s rsrw• x• nr wr ,tile rur An a» lorzxael ^� I Aall.euX tb '� I �Y nArNO.wn i ��n�1nr � — rwslurEA5T6KTNSTIPEE7rNlP ta4NTiw KY W tJ 0 20 40 60 1 " =20' PLAT N0. w��qw ra � I NNrtawowN lfierchy eerNTy rM1nrali real vMrcillx�t .roh�le wbem vr,W u reaeexa b are Nrrerrrse rolls sxuNgruxaured hulhe n nrowAed iin,45...... uur ,. fr,Il4,e IrNanrn nr,ln rNU rlw lure r.x h film nfr..n.,l n.rel r nkHNH+„ aI.N IN1n�1 NLA Ih Ilrlxq OWNER LOCATION MAP —E. 1- -2000' M A TEMPLE INVESTMENTS, LLC P.O. BOX 721141 Oklahoma City, Oklahoma 73172 (405) 641 -8670 SURVEYOR WHITE SURVEYING COMPANY 9936 Eost 55th Place Tulsa, Oklahoma 74146 (918) 663 -6924 Certificate of Authofitdion No. 1098 Renewal Dale: June 30, 2011 ENGINEER: KHOURY ENGINEERING, INC. 1435 Eost 41st Street Tulsa, Oklahoma 74105 (918) 712a -8768 C.1111Yate T Authorimllon No. 3751 Expires June 30, 2011 LEGEND: U/E : UTILITY EASEMENT L.N.A. LIMITS OF NO ACCESS BASIS OF BEARINGS: BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF THE SE /4 OF SECTION 19, T -21 —N, R -14 —E. BEING ASSUMED S 89'51'08" W. MONUMENT NOTES ALL LOT AND BLOCK CORNERS ARE MARKED WITH NO. 3 DEFORMED RE —BAR, 18 INCHES LONG WITH YELLOW PLASTIC CAP STAMPED "WHITE CA 1D98" UNLESS NOTED OTHERWISE. FLOOD PLAIN NOTE: THIS PROPERTY LIES IN ZONE "X— UNSHADED" FLOOD HAZARD AREA PER F.I.R.M. COMMUNRY PANEL NO. 400462 0236H, AS LAST REVISED SEPTEMBER 22, 1999. Temple Business Park, Tulsa County Final Plat, October 6, 2010 SHEET 1 OF 2 DEED OF DEDICATION AND DECLARATION OF RESTRICTIVE COVENANTS KNOW ALL MEN BY THESE PRESENTS, M A 1pPU N1IESILRTEIS. LLC (MC VYNF i SEYIG THE OYMER OF ME IglOMMO DECARED REAL PIIOPEInY (ME 'P SIRNRD N ME MY OF OWYSSO, ME wFSI HAF M /2) OF M[ 9DUfxGST WNIIR (SE/1) OF ME SONIMEST TEIARTR (5W /1) dF THE SoaM( EMr OUARER ESE/.) LE6 AND L%Cf/I ME SgRH TMEMED - 1R^ 1OIF�rERr NID - AND MC 1EIFSTMrE (�30I r�[ErE �OlRM1�EEN�1{�j,C� afl 6NI iDw)1 BABY µD M R(�pMH�1Ul� �NM, OF "Z,(A. ACgIgNO TO ME UNDm SEARS OMRNMFM SURVEY HEREOF. MM ME AOWPNMND PUT. MD Ma DESK_ ME FAME M'IFWIE RURNESS RATE' A MUIg1Ylg1 M lHE CM OF pYA550. 1ULRA CWAT', STAR Q OKWpMn SECTION R EASEMENTS AND UT MES A UTILITY EASEMENTS C. WATER, SANITARY SEWER, AND STORM SEWER YWVH! E OMNR ME O SMLL NOT WE TE -E MRR WS, SNRTMY HMS, µ 0 STORM SEVEN MANS LOGTm - ME LOT. 2rOR oeOnwaY MANENWCC of ,E DW E RRS MCaaRS.O xAA, FOR ONtr. SHAM SnMA Il�I' PPONDm. 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SIIMIR OF TE LIERPK. TlEPHONL GELS TLE561pM DI DM SEANCE MB HE 011TNFA OF ME LOT AD.- 10 BE _. HRFRY. TempLe Business Park, Tulsa County Final Plat October e, 2010 SHFFT 2 OF > AWWAk The (ity Witio tt Limi #s. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie T. Lombardi City Attorney SUBJECT: Proposed Truancy Ordinance & Amendment of Mandatory Seat Belt Use Ordinance DATE: December 17, 2010 BACKGROUND: A. Truancy Reduction of student truancy is a goal jointly shared by the Owasso Police Department and the Owasso Public Schools. As a part of that effort, the Police Department and the schools have requested that the City of Owasso consider enactment of an ordinance imposing penalties upon truant students. This ordinance would allow police officers to issue a citation to any student deemed truant by the school. The definition of "truant" and "truancy" shall be established by school district policy. School District policy currently provides that a student is truant when he or she is absent, or is not in his or her assigned area within the school at the designated time, without parental or school permission. The proposed ordinance authorizes the City's police officers to issue a citation to any student deemed truant by the schools. The citation would compel a mandatory court appearance by the truant student and would further require attendance at the court proceeding by the student's parent or legal guardian. As in other juvenile matters adjudicated in Owasso's Municipal Court, the judge may make an assessment of the circumstances in each case and determine the appropriate sentence or other court action. The Court's sentencing options include ordering the minor to return to school, imposition of a fine and /or community service, referral for individual or family counseling, referral of the truant student for an alcohol or drug assessment if indicated and any other incentives or consequences the Court determines are necessary. Currently, police officers have few or no options when dealing with a student who refuses to attend school. Not uncommonly, the request for law enforcement assistance is made by the child's parent or guardian who is unable for whatever reason to compel school attendance by the child. Under the proposed ordinance, police officers would be authorized to issue a citation to the minor which requires him or her to appear in Municipal Court thereby subjecting the truant child to the court's jurisdiction and supervision. This is particularly desirable in situations where sanctions imposed by the parent and the school are no longer effective in compelling school attendance by the child. B. Mandatory Seat Belt Use Owasso Municipal Code Section 15 -308, "Mandatory Seat Belt Use," substantially mirrors state law and requires that children under the age of four (4) to be placed in an approved child passenger restraint system when travelling in a motor vehicle. However, the companion state statute upon which that ordinance is based, 1 1 O.S. § 1 1 12, entitled "Child Passenger Restraint System" has recently been amended by the State Legislature to increase the age of the child required to use a child passenger restraint system from four (4) to six (6) years of age. The Owasso Police Department and the Municipal Court have recommended amendment of the City's ordinance to increase the age of a child required to use a child passenger restraint system from four (4) to six (6) years commensurate with the changes in the state law. In addition, the language contained within subsection (E) of this section addressing fines which may be imposed upon violators has also been revised. State law specifying what fines may be imposed by municipal courts is revised frequently. The fine schedule used by Owasso's Municipal Court is reviewed annually and revisions are made wherever needed so that the City's Municipal Court fine schedules are fully compliant with state law limitations. Accordingly, staff consistently recommends removal of old and /or inapplicable language specifying dollar amounts of allowable fines for any particular offense. A proposed amendment of the City Code Section 15 -308 reflecting the recommended changes is provided for your review. PROPOSED ACTION: Adoption of proposed Ordinance No. 977, "Truancy," and approval of the proposed amendment in Ordinance No. 976, "Mandatory Seat Belt Use." RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 976 and Ordinance No. 977. ATTACHMENT: A. Ordinance No. 976, Mandatory Seat Belt Use B. Ordinance No. 977, Truancy CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 976 AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 3, VEHICLE EQUIPMENT, SECTION 15 -308, MANDATORY SEAT BELT USE, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY INCREASING THE AGE REQUIREMENT FOR CHILD PASSENGER RESTRAINT SYSTEMS FROM FOUR (4) YEARS TO SIX (6) YEARS, TO REFLECT STATE STATUTE LANGUAGE REGARDING THE SAME. THIS ORDINANCE AMENDS PART 15, CHAPTER 3, OF THE CITY OF OWASSO CODE OF ORDINANCES BY AMENDING SECTION 15 -308. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Fifteen, Traffic and Vehicles, Chapter Three, Vehicle Equipment, Section 15 -308, Mandatory Seat Belt Use, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: Section 15 -308 shall be amended to read as follows: SECTION 15 -308 MANDATORY SEAT BELT USE A. Every operator and front seat passenger of a passenger car operated in the city shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208. For the purposes of this section, "passenger car" shall mean "automobile" as defined in Section 22.1 of Title 47 of the Oklahoma Statutes except that "passenger car" shall not include trucks, truck - tractors, recreational vehicles, vans, motorcycles or motorized bicycles. B.This section shall not apply to an operator or passenger of a passenger car in which the operator or passenger possesses a written verification from a physician licensed in this state that he is unable to wear a safety seat belt system for medical reasons. Provided, the issuance of such verification by a physician, in good faith, shall not give rise to, nor shall such physician thereby incur, any liability whatsoever in damages or otherwise, to any person injured by reason of such failure to wear a safety seat belt system. C. This section shall not apply to an operator of a motor vehicle who is a route carrier of the U.S. Postal Service. D. (1) Every driver when transporting a child under six (6) years of age in a motor vehicle operated on the roadways, streets or highways of this city shall provide for the protection of said child by properly using a child passenger restraint system. "Child passenger restraint system" means an infant or child passenger restraint system that meets with the federal standards for crash - tested restraint systems as set by the United States Department of Transportation. (2) Children at least six (6) years of age but younger than thirteen (13) years of age and shall be protected by use of a child passenger restraint system or a seat belt. (3) The provisions of this section shall not apply to: a. The driver of a school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts pursuant to state or federal laws; b. The driver of an ambulance or emergency vehicle; C. The driver of a vehicle in which all of the seat belts are in use; and, d. The transportation of children who for medical reasons are unable to be placed in such devices. (4) A law enforcement officer is hereby authorized to stop a vehicle if it appears that the driver of the vehicle has violated the provisions of this section and to give an oral warning to said driver. The warning shall advise the driver of the possible danger to children resulting from the failure to install or use a child passenger restraint system or seat belts in the motor vehicle. E. Any person violating this section shall be punished by a fine and court cost as determined by the Court and authorized by Oklahoma State Statutes. SECTION TWO (2): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION This ordinance, as amended, shall be codified in Part 15, Chapter 4, as section 15 -308 in the Owasso Code of Ordinances. PASSED by the City Council of the City of Owasso, Oklahoma on the 21St day of December, 2010. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of December, 2010. Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 977 AN ORDINANCE RELATING TO PART 10, OFFENSES & CRIMES, CHAPTER 4, OFFENSES AGAINST THE HEALTH, WELFARE & MORALS, SECTION 10 -426, TRUANCY, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, MAKING IT UNLAWFUL FOR CHILDREN BETWEEN THE AGES OF TWELVE (12) AND EIGHTEEN (18) TO NEGLECT OR REFUSE TO ATTEND SCHOOL, AND AUTHORIZING ISSUANCE OF A CITATION BY LAW ENFORCEMENT IF A CHILD IS DEEMED TRUANT AS DEFINED BY SCHOOL DISTRICT POLICY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Ten, Offenses & Crimes, Chapter Four, Offenses Against the Health, Welfare & Morals, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended and codified as follows: SECTION 10 -426 TRUANCY A. It shall be unlawful for any child who is over the age of twelve (12) years and under the age of eighteen (18) years, and who has not finished four (4) years of high school work, to neglect or refuse to attend and comply with the rules of some public, private or other school, or receive an education by other means for the full term the schools of the district are in session; provided, that this section shall not apply if any child: (1) Is prevented from attending school by reason of mental or physical ability, to be determined by the Board of Education of the district upon a certificate of the school physician or public health physician or, if no such physician is available, a duly licensed and practicing physician; (2) Is excused from attendance at school, due to an emergency, by the principal teacher of the school in which the child is enrolled, at the request of the parent, guardian, custodian or other person having control of such child; (3) Who has attained his or her sixteenth birthday is excused from attending school by the school administrator in the school district where the child attends school, and the parent, guardian or custodian of the child unless and until it has been determined that such action is for the best interest of the child and /or the community, and that such child shall thereafter be under the supervision of the parent, guardian or custodian until the child has reached the age of eighteen. B. Any child under the age of eighteen (18) years who has been deemed truant by the school administrator in the school district where the child attends school shall be subject to citation by a law enforcement officer. A citation for truancy shall require a mandatory appearance in Municipal Court by the child. A parent, guardian or custodian shall also appear in Municipal Court with the child. SECTION TWO (2): REPEALER All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 10, Chapter 4, as section 10 -426. PASSED by the City Council of the City of Owasso, Oklahoma on the 21st day of December, 2010. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of December, 2010. Julie Lombardi, City Attorney