City Council
Regular MeetingDuncan, OK · February 28, 2023
Minutes
REGULAR MEETING
DUNCAN CITY COUNCIL
CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA
FEBRUARY 28, 2023
5:15 P.M.
INVOCATION Pastor Chris Deal, Duncan Rescue Mission
FLAG SALUTE Councilman Nick Fischer
ROLL CALL Mayor Robert Armstrong City Manager Kimberly Meek
Vice-Mayor Jimmy Peters City Attorney David Hammond
Councilwoman Patty Wininger Deputy City Clerk Christina Johnson
Councilwoman Lindsay Hayes
Councilman Nick Fischer
ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA.
a) Minutes of February 14, 2023.
b) List of Claims.
c) Consulting Services Agreement between the City of Duncan and C.H.
Guernsey & Company for a rate study analysis.
d) Appointment of John Byers to serve on the Main Street Duncan
Board of Directors.
A motion was made by Councilman Fischer, seconded by Councilwoman Hayes to approve
the Consent Agenda as presented. Upon roll call:
AYE: Fischer, Hayes, Peters, Wininger, Armstrong
NAY: None
ITEM #2: Swearing in of Assistant Police Chief, Major, Brian Attaway by Municipal
Judge Joe Enos.
Municipal Judge Joe Enos performed the swearing in ceremony of Assistant Police Chief,
Major, Brian Attaway.
Police Chief, Bo Walker, read aloud and presented Assistant Police Chief, Major, Brian
Attaway with a Certificate of Promotion.
Major Attaway's Captain bars were changed to Major bars by his wife, Kate Attaway.
ITEM #3: Signing Oath(s) of Office by Assistant Police Chief, Major, Brian Attaway.
Assistant Police Chief, Major Brian Attaway signed the Oath of Office as well as the
Constitutional Oath of Office and the Statutory Oath of Office.
ITEM #4: Consider adjourning into Executive Session to discuss the semi- annual
performance evaluation of the City Manager, Kimberly Meek with the City
Manager, Mayor, City Attorney, and City Council as authorized by 25 O.S. Sec
307(B) 1.
A motion was made by Vice-Mayor Peters, seconded by Councilwoman Hayes to adjourn
into Executive Session to discuss the semi- annual performance evaluation of the City
Manager, Kimberly Meek with the City Manager, Mayor, City Attorney, and City Council as
authorized by 25 O.S. Sec 307(B) 1. Upon roll call:
AYE: Peters, Hayes, Fischer, Wininger, Armstrong
NAY: None
ITEM#4A: Consider reconvening the Regular Meeting of the Duncan City Council.
A motion was made by Vice-Mayor Peters, seconded by Councilman Fischer to reconvene
the Regular Meeting of the Duncan City Council. Upon roll call:
AYE: Peters, Fischer, Hayes, Wininger, Armstrong
NAY: None
ITEM #5: OTHER COMMENTS:
a) By the Public
Per State Statute the Mayor and Council will not be able to respond to any issues brought
forward during this part of the agenda. The City Manager or the Staff will take your
information and address the situation then reconnect with you. The Council Members are
available before and after the meeting to address concerns on an individual basis.
There were no comments from the Public.
b) By the Council-
Councilwoman Wininger commented on the 2-26-23 storms that went through Duncan. She
stated she was thankful for no injuries and was sorry for the damage that occurred due to
the storm.
Councilwoman Wininger thanked the agencies, and everyone involved for their work. She
stated that there is still work ahead for the community, but Duncan will rebuild from the
storm and come back stronger.
c) By the City Manager-There were none.
ITEM #6: Adjournment
A motion was made by Councilman Fischer, seconded by Vice-Mayor Peters to adjourn the
meeting. Upon roll call:
AYE: Fischer, Peters, Hayes, Wininger, Armstrong
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NAY: None I'" z~~~:~--
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Robert Armstro~l)It;(yor
REGULAR MEETING
DUNCAN PUBLIC UTILITIES AUTHORITY
CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA
FEBRUARY 28, 2023
5:15 P.M.
ROLL CALL Chairman Robert Armstrong General Manager Kimberly Meek
Vice-Chairman Jimmy Peters Authority Attorney David Hammond
Trustee Patty Wininger Deputy Secretary Christina Johnson
Trustee Lindsay Hayes
Trustee Nick Fischer
ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA
a) Minutes of February 14, 2023.
A motion was made by Trustee Fischer, seconded by Trustee Hayes to approve the Consent
Agenda as presented. Upon roll call:
AYE: Fischer, Hayes, Peters, Wininger, Armstrong
NAY: None
ITEM #2: Consider Pay Request No.1 to Hope Equipment and Construction in the total
amount of $116,900.00 for services rendered in conjunction with the Abe
Raizen Restroom Improvements Project.
This item was presented by General Manager, Kimberly Meek, who advised that on February
26, 2022 Mayor and Council approved a contract with Hope Equipment and Construction Inc.
for the Abe Raizen Restroom Improvement Project.
Mrs. Meek noted that this pay request represents services through February 17, 2023.
Trustee Wininger asked if this project was complete.
Buddy Hokit, Public Works Director, stated that the project is 46% complete.
Trustee Fischer asked if someone was monitoring this project.
Mr. Hokit advised that the project is being monitored by himself and Larry Jones.
A motion was made by Vice-Chairman Peters, seconded by Trustee Wininger to approve Pay
Request No.1 to Hope Equipment and Construction in the total amount of $116,900.00 for
services rendered in conjunction with the Abe Raizen Restroom Improvements Project.
Upon roll call:
AYE: Peters, Wininger, Fischer, Hayes, Armstrong
NAY: None
ITEM #3: Consider Pay Request No.8 to Freese and Nichols in the total amount of
$73,634.29 for services rendered in conjunction with the Water Project FY
2022.
This item was presented by General Manager, Kimberly Meek, who advised that on June 14,
2022 Mayor and Council approved a contact with Freese and Nichols, Inc. to provide
professional services for the FAP-22-2022-L Water Project FY 2022.
Mrs. Meek noted that this pay request is for professional services rendered through January
31,2023.
A motion was made by Trustee Fischer, seconded by Trustee Hayes to approve Pay Request
No. 8 to Freese and Nichols in the total amount of $73,634.29 for services rendered in
conjunction with the Water Project FY 2022. Upon roll call:
AYE: Fischer, Hayes, Peters, Wininger, Armstrong
NAY: None
ITEM #4: Consider Pay Request No. 9 to Freese and Nichols in the total amount of
$33,148.13 for services rendered in conjunction with the Clear Creek Lake
Dam Phase II Embankment Evaluation.
This item was presented by General Manager, Kimberly Meek, who advised that on January
11, 2022 Mayor and Council approved a contract with Freese and Nichols, Inc. to provide
professional services for the Clear Creek Lake Dam Phase II Embankment Evaluation
Project.
Mrs. Meek noted that this pay request is for professional services rendered through January
31,2023.
Trustee Wininger asked about the borrowing of dirt along the lake rim.
Buddy Hokit, Public Works Director, advised that the borrowing of dirt along the lake rim will
not be enough dirt to complete the project. He noted that Freese and Nichols is working
with the City to identify other close sources of dirt that can be used.
A motion was made by Vice-Chairman Peters, seconded by Trustee Wininger to approve
Request No.9 to Freese and Nichols in the total amount of $33,148.13 for services rendered
in conjunction with the Clear Creek Lake Dam Phase II Embankment Evaluation. Upon roll
call:
AYE: Peters, Wininger, Fischer, Hayes, Armstrong
NAY: None
ITEM #5: Consider Pay Request No.9 (Final) to PM Construction & Rehab, LLC in the
total amount of $82,603.35 for services rendered in conjunction with the
Sanitary Sewer Rehabilitation Project.
This item was presented by General Manager, Kimberly Meek, who advised that on March
23, 2021 Mayor and Council approved a contract with PM Construction & Rehab LLC to
provide construction services for the Sanitary Sewer Rehabilitation Project (Phase 1 B).
Mrs. Meek noted that this pay request is for services rendered through July 31, 2022. This
pay request includes release of retainage.
Trustee Wininger asked if this was the final payment to PM Construction & Rehab, LLC.
Buddy Hokit, Public Works Director, advised that this is the final payment to PM
Construction & Rehab, LLC for Phase 1 of the project. He noted that they were 90%
complete with Phase 1 B.
A motion was made by Trustee Fischer, seconded by Trustee Wininger to approve Pay
Request No.9 (Final) to PM Construction & Rehab, LLC in the total amount of $82,603.35 for
services rendered in conjunction with the Sanitary Sewer Rehabilitation Project. Upon roll
call:
AYE: Fischer, Wininger, Hayes, Peters, Armstrong
NAY: None
ITEM #6: ConSider approving an Agreement with Tetra Tech, Inc. for Engineering
Services for the Sewer Rehabilitation Design Phase II in the amount of
$295,000.00 and authorize the Chairman to execute the agreement.
This item was presented by General Manager, Kimberly Meek, who advised that the City of
Duncan has completed the Sewer Rehabilitation Phase I at this time and wishes to proceed
with the Sewer Rehabilitation Design Phase II.
Mrs. Meek noted that this agreement with Tetra Tech is for the Sewer Rehabilitation Design
Phase II and preparation of construction plans to repair creek crossings.
Mrs. Meek noted that the proposed agreement is included in the council packet for the
Chairman and Trustee to review.
Trustee Winger asked about the creek crossings.
Buddy Hokit, Public Works Director, stated that there are about twelve (12) locates where
sewer lines cross the creeks. He stated the lines are sagging and are not strong and need
to be repaired.
Trustee Fischer asked if they were still in the design phase of this project..
Mr. Hokit stated that they were still in the design phase of this project.
A motion was made by Trustee Fischer, seconded by Trustee Hayes to approve an
Agreement with Tetra Tech, Inc. for Engineering Services with Tetra Tech, Inc. for
Engineering Services for the Sewer Rehabilitation Design Phase II in the amount of
$295,000.00 and authorize the Chairman to execute the agreement. Upon roll call:
AYE: Fischer, Hayes, Peters, Wininger, Armstrong
NAY: None
ITEM #7: Consider Pay Request No. 30 to Tetra Tech, Inc. in the total amount of
$2,019.91 for services rendered in conjunction with the Sewer Rehabilitation
Design Phase I Project.
This item was presented by General Manager, Kimberly Meek, who advised that on February
25, 2020 Mayor and Council approved a contract with Tetra Tech, Inc. to provide Sewer
Rehabilitation Design and preparation on construction plans.
Mrs. Meek noted that this pay request is for construction and inspection services for sewer
rehabilitation for services through January 27, 2023.
Trustee Wininger asked if this project was part of the Oklahoma Water Resources Board
(OWRB) Loan.
Mrs. Meek advised that this project is part of the OWRB loan.
A motion was made by Trustee Hayes, seconded by Trustee Wininger to approve Pay
Request No. 30 to Tetra Tech, Inc. in the total amount of $2,019.91 for services rendered in
conjunction with the Sewer Rehabilitation Design Phase I Project. Upon roll call:
AYE: Hayes, Wininger, Fischer, Peters, Armstrong
NAY: None
ITEM #8: Consider awarding the contract for advanced metering infrastructure to
Ferguson Enterprises LLC dba Ferguson Waterworks based on the adjusted
scope of work and pay items in the amount of $8,830,556.00 and an
additional $132,422.00 per year for operating fees.
This item was presented by General Manager, Kimberly Meek, who advised that on
November 17, 2022 Council approved a proposal from Ferguson Waterworks for
$11,035,169.00 for the replacement of the existing water meters to serve the City of Duncan.
After review and clarification of the proposal, the total cost of the project has been reduced.
Trustee Wininger asked why the cost was reduced and if Ferguson Waterworks is an
Oklahoma based company.
Buddy Hokit, Public Works Director, advised that some automation was taken out of the
meters that were not needed that resulted in a cost reduction. He noted that Ferguson
Waterworks is a large company with an office located in Broken Arrow, Oklahoma.
A motion was made by Trustee Fischer, seconded by Trustee Hayes to award the contract
for advanced metering infrastructure to Ferguson Enterprises LLC dba Ferguson
Waterworks based on the adjusted scope of work and pay items in the amount of
$8,830,556.00 and an additional $132,422.00 per year for operating fees. Upon roll call:
AYE: Fischer, Hayes, Peters, Wininger, Armstrong
NAY: None
ITEM #9: OTHER COMMENTS:
a) By the Public
Per State Statute the Chairman and Trustees will not be able to respond to any issues
brought forward during this part of the agenda. The General Manager or the Staff will take
your information and address the situation then reconnect with you. The Chairman and
Trustees are available before and after the meeting to address concerns on an individual
basis.
b) By the Chairman and Trustees-There were none.
c) By the General Manager-There were none.
ITEM #10: Adjournment
A motion was made by Trustee Fischer, seconded by Trustee Hayes to adjourn the meeting.
Upon roll call:
AYE: Fischer, Hayes, Peters, Wininger, Armstrong
NAY: None
Rdbert Armstron~j:IDnan
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Agenda
REGULAR MEETING
DUNCAN CITY COUNCIL
CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA
FEBRUARY 28, 2023
5:15 P.M.
AGENDA
INVOCATION
FLAG SALUTE
ROLL CALL
ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA.
a) Minutes of February 14, 2023.
b) List of Claims.
c) Consulting Services Agreement between the City of Duncan and C.H.
Guernsey & Company for a rate study analysis.
d) Appointment of John Byers to serve on the Main Street Duncan
Board of Directors.
▪ Council Comments/Questions
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #2: Swearing in of Assistant Police Chief, Major, Brian Attaway by Municipal
Judge Joe Enos.
▪ Public Comments
▪ Council Comments/Questions
ITEM #3: Signing Oath(s) of Office by Assistant Police Chief, Major, Brian Attaway.
▪ Public Comments
▪ Council Comments/Questions
ITEM #4: Consider adjourning into Executive Session to discuss the semi- annual
performance evaluation of the City Manager, Kimberly Meek with the City
Manager, Mayor, City Attorney, and City Council as authorized by 25 O.S. Sec
307(B) 1.
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #4A: Consider reconvening the Regular Meeting of the Duncan City Council.
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #5: OTHER COMMENTS:
a) By the Public
Per State Statute the Mayor and Council will not be able to respond to any issues brought
forward during this part of the agenda. The City Manager or the Staff will take your
information and address the situation then reconnect with you. The Council Members are
available before and after the meeting to address concerns on an individual basis.
b) By the Council
c) By the City Manager
ITEM #6: Adjournment
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
REGULAR MEETING
DUNCAN PUBLIC UTILITIES AUTHORITY
CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA
FEBRUARY 28, 2023
5:15 P.M.
AGENDA
ROLL CALL
ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA
a) Minutes of February 14, 2023.
▪ Public Comments
▪ Trustee Comments/Questions
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #2: Consider Pay Request No. 1 to Hope Equipment and Construction in the total
amount of $116,900.00 for services rendered in conjunction with the Abe
Raizen Restroom Improvements Project.
▪ Public Comments
▪ Trustee Comments/Questions
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #3: Consider Pay Request No. 8 to Freese and Nichols in the total amount of
$73,634.29 for services rendered in conjunction with the Water Project FY
2022.
▪ Public Comments
▪ Trustee Comments/Questions
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #4: Consider Pay Request No. 9 to Freese and Nichols in the total amount of
$33,148.13 for services rendered in conjunction with the Clear Creek Lake
Dam Phase II Embankment Evaluation.
▪ Public Comments
▪ Trustee Comments/Questions
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #5: Consider Pay Request No. 9 (Final) to PM Construction & Rehab, LLC in the
total amount of $82,603.35 for services rendered in conjunction with the
Sanitary Sewer Rehabilitation Project.
▪ Public Comments
▪ Trustee Comments/Questions
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #6: Consider approving an Agreement with Tetra Tech, Inc. for Engineering
Services with Tetra Tech, Inc. for Engineering Services for the Sewer
Rehabilitation Design Phase II in the amount of $295,000.00 and authorize the
Chairman to execute the agreement.
▪ Public Comments
▪ Trustee Comments/Questions
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #7: Consider Pay Request No. 30 to Tetra Tech, Inc. in the total amount of
$2,019.91 for services rendered in conjunction with the Sewer Rehabilitation
Design Phase I Project.
▪ Public Comments
▪ Trustee Comments/Questions
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #8: Consider awarding the contract for advanced metering infrastructure to
Ferguson Enterprises LLC dba Ferguson Waterworks based on the adjusted
scope of work and pay items in the amount of $8,830,556.00 and an
additional $132,422.00 per year for operating fees.
▪ Public Comments
▪ Trustee Comments/Questions
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #9: OTHER COMMENTS:
a) By the Public
Per State Statute the Chairman and Trustees will not be able to respond to any issues
brought forward during this part of the agenda. The General Manager or the Staff will take
your information and address the situation then reconnect with you. The Chairman and
Trustees are available before and after the meeting to address concerns on an individual
basis.
b) By the Chairman and Trustees
c) By the General Manager
ITEM #10: Adjournment
▪ Motion ______________________
▪ Second _____________________
▪ Roll Call
REGULAR MEETING
DUNCAN ECONOMIC DEVELOPMENT TRUST AUTHORITY
CITY COUNCIL CHAMBERS, DUNCAN, OKLAHOMA
FEBRUARY 28, 2023
5:15 P.M.
AGENDA
ROLL CALL
ITEM #1: CONSIDER APPROVAL OF CONSENT AGENDA
a) Minutes of January 24, 2023.
▪ Public Comments
▪ Trustee Comments/Questions
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #2: Consider adjourning into Executive Session to discuss confidential
communications between the City Attorney, Chairman and Trustees, and the
General Manager concerning a potential or cause of action involving the City
of Duncan, OK and the Duncan Area Economic Development Foundation as
authorized as an exception to the Open Meetings Act Pursuant to 25 O.S.
Sec. 307 B(4).
▪ Public Comments
▪ Trustee Comments/Questions
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #2A: Consider reconvening the Regular Meeting of the Duncan Economic
Development Trust Authority.
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #2B: Consider any action taken in relation to the Executive Session.
▪ Public Comments
▪ Trustee Comments/Questions
▪ Motion ______________________
▪ Second ______________________
▪ Roll Call
ITEM #3: OTHER COMMENTS:
a) By the Public
Per State Statute the Chairman and Trustees will not be able to respond to any issues
brought forward during this part of the agenda. The General Manager or the Staff will take
your information and address the situation then reconnect with you. The Chairman and
Trustees are available before and after the meeting to address concerns on an individual
basis.
b) By the Chairman and Trustees
c) By the General Manager
ITEM #4: Adjournment
▪ Motion ______________________
▪ Second _____________________
▪ Roll Call
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