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City Council Packets

Regular Meeting

Miami, OK · December 1, 2020

Agenda

Agenda

PURCHASE ORDERS PRESENTED December 1, 2020 VENDOR DESCRIPTION POLICE DEPARTMENT SOUTHERN UNIFORM & EQUIPMENT UNIFORMS (21-00578) 897.87 897.87 FIRE DEPARTMENT HUGOS ROLL PAPER TOWELS 120.00 STERICYCLE MEDICAL WASTE SERVICES 137.60 257.60 CEMETERY ALERT 360 MONITORING SERVICES 22.00 22.00 SWIMMING POOL ALERT 360 MONITORING SERVICES 22.00 22.00 PARKS DEPARTMENT AAA AUTO GLASS WINDOW REPLACEMENT 152.00 ALERT 360 MONITORING SERVICES 20.00 172.00 LIBRARY ALERT 360 MONITORING SERVICES 32.00 BLACKSTONE PUBLISHING BOOK ORDERS 44.98 CENGAGE BOOK ORDERS 49.48 CENGAGE BOOK ORDERS 53.23 CENGAGE BOOK ORDERS 183.14 CENTER POINT BOOK ORDERS 45.54 INGRAM LIBRARY SERVICES BOOK ORDERS 1,163.15 MIDWEST TAPE AUDIO BOOKS 101.22 OVERDRIVE VIRTUAL LIBRARY (PO#21-00598) 3,000.00 PENWORTHY BOOK ORDERS 124.68 4,797.42 STREET & ALLEY NEO CONCRETE CONCRETE FOR PROJECT (21-00668) 630.00 SCOTT CONSTRUCTION CONCRETE 130 S. MAIN (PO#21-00662) 2,455.00 3,085.00 GRANT/DONATION FUND BARKING DOG INTERPRETIVE DESIGN ALUMINUM FRAMES (PO#21-00628) 5,617.72 TREE DONE RIGHT BY BRIAN MAPLES, CRYPMERTLES (PO#21-00661) 1,415.00 7,032.72 TRAVEL CENTER ALERT 360 MONITORING SERVICES 20.00 20.00 BANK OF AMERICA PAYMENT OCTOBER 16 - NOV. 1, 2020 12,015.75 TOTAL GENERAL FUND 6,168.89 TOTAL OTHER FUNDS 10,137.72 TOTAL GOVERNMENTAL FUNDS 28,322.36 CITY OF MIAMI OCTOBER 16, 2020-NOVEMBER 01, 2020 LEGAL DEPARTMENT WALMART- COAT RACK $9.84 ODCR OCT SUPP $5.00 TOTAL $14.84 POLICE DEPARTMENT ESTES COLLISION LLC -WINDOW $247.81 METAL FAB- PLAQUE $59.50 TOTAL $307.31 FIRE DEPARTMENT LOCKE- WE MIAMI/BULBS $149.28 TRACTOR SUPPLY #186/PROPANE $31.08 WALMART- SUPPLIES $28.11 TRACTOR SUPPLY-PROPANE $10.36 WM SUPERCENTER/SUPPLIES $162.95 WALMART-PROPANE $14.92 SPRKLIGHT- SOUTH $152.77 SPRKLIGHT- NORTH $153.73 LAKELAND - COPIER CONTRACT $27.12 $730.32 POLICE COMMUNICATIONS POWERPHONE - TRAINING $299.00 TOTAL $299.00 STREET DEPARTMENT AMAZON-BOXES $46.57 KATNER MILLS-HEX KEY $53.99 KATNER MILLS-CUP $16.18 KATNER MILLS-FILTERS $101.46 KATNER MILLS-FILTER $28.99 O'REILLY-STARTER $178.07 O'REILLY-RETURN ($10.00) KATNER MILLS-FILTERS $70.70 KARNES-FLAT REPAIR $50.00 BO'S TIRE-FLAT RPR $115.00 ACE-MAILBOX,PLIERS $34.98 BO'S TIRE-FLAT RPR $115.00 KATNER MILLS-SEALANT $22.18 O'REILLY-PLUGS $16.98 O'REILLY-FUSES $9.98 O'REILLY-PLUG PATCHES $16.21 KATNER MILLS-GREASE $39.90 MIAMI IND-HYD HOSE $34.34 HYSPECO-HYD RPR $622.12 CLEAN - UNIFORMS $43.28 CLEAN - UNIFORMS $43.28 CLEAN - UNIFORMS $43.28 CLEAN - UNIFORMS $43.28 TOTAL $1,735.77 CITY OF MIAMI OCTOBER 16, 2020-NOVEMBER 01, 2020 CEMETERY THE STABLES GUEST MEAL $22.00 ZACK'S CAFE GUEST MEAL $12.75 ZACK'S CAFE GUEST MEAL $10.39 HAMPTON GUEST ROOM $101.91 HAMPTON GUEST ROOM $101.91 TOTAL $248.96 FACILITIES AMAZON- FLASH DRIVES $38.23 O'REILLY-WIPERS $27.72 AMAZON-TOILET CLNR $37.19 AMAZON-RETURN ITEM ($37.19) AMAZON-TOILET CLNR $37.19 LOCKE-BULBS $122.40 WILDCAT MATERIALS-TILES $144.00 LOCKE-BULBS $49.68 ACE-PAINT $19.96 LOCKE-CONTACTOR $9.14 ACE-BATTERIES $53.96 ACE-LIGHT BULBS $27.96 ACE-HEATERS $359.94 ACE-BRKTS,ANCHRS $30.97 AMAZON-DISPLAYS $47.99 COLE EQUIP-RENTAL $30.00 CLEAN - UNIFORMS $13.73 CLEAN - UNIFORMS $13.73 CLEAN - UNIFORMS $13.73 CLEAN - UNIFORMS $13.73 TOTAL $1,054.06 ANIMAL CONTROL KETCH ALL-SNARE,TONG $390.52 LOCKE-BREAKER $11.32 LOCKE-BREAKER $13.58 LOCKE-RTN BRKR ($13.58) LOCKE-BREAKER $24.90 LOCKE-RTN BREAKER ($11.32) JOJO'S-GROOMING $35.00 NEO FEEDS -DOG FOOD $55.85 NEO FEEDS-DOG FOOD $148.15 AMAZON-JACKETS $115.42 SPRINGHILL-LODGING $158.00 TOTAL $927.84 PARKS ACE-BLADES $22.99 O'REILLY-CRIMP,HOSE $54.91 MIAMI IND-GATORLINE $245.46 O'REILLY-FILTERS $30.96 O'REILLY-BATTERY $136.07 HYSPECO-HYD RPR $627.96 CITY OF MIAMI OCTOBER 16, 2020-NOVEMBER 01, 2020 O'REILLY-HTR CORE $77.33 AMAZON-PUMP $89.00 ACE-NUTS,BOLTS $30.00 CLEAN - UNIFORMS $27.05 CLEAN - UNIFORMS $27.05 CLEAN - UNIFORMS $26.39 CLEAN - UNIFORMS $27.05 POWERUP-RENTAL $74.00 TOTAL $1,496.22 LIBRARY AMAZON- COVID SUPP $32.99 O'REILLY-HYD OIL $49.99 QUILL- OFFICE SUPP $9.99 WALMART- OP SUPP $16.29 USPS- SHIPPING $23.12 USPS- SHIPPING $36.19 LAKELAND - COPIER CONTRACT $8.91 AMAZON- STORAGE $48.99 ZOOM- SUBSCRIPTION $149.90 WALMART- OPEN HOUSE $26.08 JJB- CHLDRN PROG $24.00 AMAZON- RETURN CHG $84.98 AMAZON- RETURN ($84.98) TOTAL $426.45 CITY- G&A WALMART- OFFICE SUPPLIES $42.08 LAKELAND - COPIER CONTRACT $149.20 ZACKS CAFE - LUNCH MEETING $31.96 TOTAL $223.24 HUMAN RESOURCES LAKELAND - COPIER CONTRACT $265.65 WALMART OFFICE SUP $112.36 STRAT GOVT- CONF $1,599.00 WALGREENS GIFT CARDS $130.00 TOTAL $2,107.01 STREET & ALLEY ERGON-CRS-2 OIL $359.07 TOTAL $359.07 PARKS & REC- MCVB OKIE FAST PITCH- FEES $319.30 TOTAL $319.30 GRANTS-DONATIONS- LIBRARY FIRST BOOK - CHLD BKS $102.73 TOTAL $102.73 MCVB KARNES- BRK GLSS REMOVAL $75.00 CITY OF MIAMI OCTOBER 16, 2020-NOVEMBER 01, 2020 VISIT WIDGET- MCVB APP $299.00 USPS- PO MAILOUT $88.00 CANON - COLOR COPIES $174.92 WALMART- OFFICE ITEMS $262.22 TOTAL $899.14 POLICE FUND TRACTOR SUPPLY-DOGFOOD $157.97 TOTAL $157.97 MDRA WALMART- PRINT CART $29.97 WALMART- CLN SUPP $15.36 LOCKE-LIGHT BULBS $61.20 LOWES-AC HEAT UNIT $499.99 LOWES-AC UNIT $729.99 LOWES-RETURN UNIT ($729.99) TOTAL $606.52 TOTAL GENERAL FUND $9,571.02 TOTAL OTHER FUNDS $2,444.73 TOTAL GOVERNMENTAL FUNDS $12,015.75 THE MAYOR AND THE CITY COUNCIL MET IN REGULAR SESSION NOVEMBER 24, 2020, AT THE MIAMI CIVIC CENTER BANQUET ROOM AT 4:30 PM WITH THE FOLLOWING MEMBERS PRESENT: Bless Parker, Mayor Tyler Cline, Interim City Manager David Davis, Councilmember Ward 1 Ben Loring, City Attorney Doug Weston, Councilmember Ward 2 (Absent) Melissa Moore, City Clerk Ryan Orcutt, Councilmember Ward 3 Vicki Lewis, Councilmember Ward 4 The agenda for the meeting was displayed in the main lobby of the Miami Civic Center and by posting on www.miamiokla.net starting at 3:30PM on November 23, 2020, pursuant to 25 O.S §311(9) (a) and (b). THE COUNCIL MAY DISCUSS, CONSIDER, AND VOTE ON ANY ITEM IN THIS AGENDA: Call to Order Mayor Parker called the meeting to order at 4:36PM. Public Input and Unscheduled Personal Appearances Jay Calan explained that he is against a mask mandate and read a speech. Janet Myers explained that she is against a mask mandate and read some health statistics, such as heart disease and diabetes. Isabella Burrell explained that she is against a mask mandate and read some current coronavirus statistics. CONSENT AGENDA By unanimous consent the public body may designate noncontroversial items to be considered in one motion and one vote. The public body may add items from the regular agenda and approve. Posted agenda items not added to the consent docket will be considered separately in their regular order. Staff recommends that Item 4 through Item 5 be placed on the consent agenda. Councilmember Davis moved to transfer agenda item #4 (Approve Claims) through #5 (Approve Minutes: November 03, 2020 (Regular)) to the consent agenda and approve as presented. Councilmember Lewis made the second. The Council was polled with the following results: Davis, Aye Lewis, Aye Orcutt, Aye Parker, Aye Weston, Absent Mayor Parker declared the motion carried. Approve Claims Moved to consent agenda Approve Minutes: November 03, 2020 (Regular) Moved to consent agenda Discussion on Face Masks Dr. Clark Osborn requested a mask mandate and explained that there are several vaccines in progress, but for now a mask mandate is needed. Dr. Osborn explained that he has a petition of twenty-four (24) doctors requesting the mask mandate. He also shared some statistics from the state of Kansas. Shawnee Tribe Chief Ben Barnes requested a mask mandate because he is concerned about the community spread. The Council discussed the option of issuing a mask mandate and City Attorney stated if the Council wished then he could have something ready by the December 15th council meeting. No action taken. City Council Page 1 of 7 November 24, 2020 2021 Meeting Schedule The Council meetings will be moved to Mondays at 6PM and the Council work session will be moved to Mondays at 5:30PM. Councilmember Davis moved to approve the 2021 meeting schedule with the meetings moved to 6PM on Mondays and the work sessions on Mondays at 5:30PM. Councilmember Orcutt made the second. The Council was polled with the following results: Davis, Aye Orcutt; Aye Lewis, Aye Parker; Aye Weston, Absent Mayor Parker declared the motion carried. Accept or Reject Change Order No. One (1) on Contract C20-51A With McIntosh for Equipment Upgrade and Relocation of Library VFR in the Amount of $28,669.00 Justin Hilgenberg explained that the change order is to upgrade the system to allow the building to be broken into zones to heat and cool simultaneously. Councilmember Davis moved to accept the change order for equipment upgrade and relocation of the Library VRF in the amount of $28,669.00. Councilmember Lewis made the second. The Council was polled with the following results: Davis, Aye Lewis, Aye Orcutt; Aye Parker; Aye Weston, Absent Mayor Parker declared the motion carried. Update on the Current Condition of the Miami Municipal Pool Justin Hilgenberg explained that there are several repairs that need to be done to the pool. The pool liner has faded and is worn thin on the gutter edges. Flex Seal tape has been used in many places but needs to be replaced. The estimated cost to replace the pool liner is two hundred ten thousand dollars ($210,000). The jets, main drain, and lights need to be replaced and the estimated cost is unknown. The slides have repairs that need to be made and the cost estimate is one hundred ten thousand dollars ($110,000). Kevin Browning explained that one option which include making repairs to the current pool and repairing the liner. A second option is to pull up the liner and see if the pool could be fixed without replacing the liner. A third option is to begin looking for a new location for a pool. Staff were directed to pull the pool liner and bring back more information to the Council. No action taken. CONSENT AGENDA By unanimous consent the public body may designate noncontroversial items to be considered in one motion and one vote. The public body may add items from the regular agenda and approve. Posted agenda items not added to the consent docket will be considered separately in their regular order. Staff recommends that Item A through Item C be placed on the consent agenda. The Mayor does not vote on this consent agenda as these are his nominations. Councilmember Orcutt moved to transfer agenda item A (Mayor’s Nomination to Re-Appoint Kristina Ulrey to the Miami Public Library Board, (Term to Expire 11/21/23)); through item L (Mayor’s Nomination to Appoint Zeb Neece to the Mayor’s Flood Advisory Board) to the consent agenda and approve as presented. Councilmember Lewis made the second. The Council was polled with the following results: Orcutt, Aye Lewis, Aye Davis, Aye Weston, Absent Mayor Parker declared the motion carried. City Council Page 2 of 7 November 24, 2020 Mayor’s Nomination to Re-Appoint Steve Cline to the Miami Housing Authority,(Term to Expire 01/03/24) Moved to consent agenda Mayor’s Nomination to Appoint Josh Fleming to the Mayor’s Citizen’s Co-Operative Advisory Board , (Term to Expire 11/03/2023) Moved to consent agenda Mayor’s Nomination to Appoint Sara McQuigg to the Mayor’s Citizen’s Co-Operative Advisory Board, (Term to Expire 11/03/2023) Moved to consent agenda Mayor’s Nomination to Appoint Josh Brinkley to the Mayor’s Citizen’s Co-Operative Advisory Board, (Term to Expire 11/03/2022) Moved to consent agenda Mayor’s Nomination to Appoint Lacey Perry to the Mayor’s Citizen’s Co-Operative Advisory Board, (Term to Expire 11/03/2022) Moved to consent agenda Mayor’s Nomination to Appoint Eli Chenoweth to the Mayor’s Citizen’s Co-Operative Advisory Board, (Term to Expire 11/03/2021) Moved to consent agenda Mayor’s Nomination to Appoint Colby Allen to the Mayor’s Citizen’s Co-Operative Advisory Board, (Term to Expire 11/03/2023) Moved to consent agenda Mayor’s Nomination to Appoint Ethel Cook to the Mayor’s Citizen’s Co-Operative Advisory Board, (Term to Expire 11/03/2021) Moved to consent agenda Mayor’s Nomination to Appoint David Davis to the Mayor’s Citizen’s Co-Operative Advisory Board and Serve Ex Officio Moved to consent agenda Mayor’s Nomination to Appoint Bless Parker to the Mayor’s Citizen’s Co-Operative Advisory Board and Serve Ex Officio Moved to consent agenda Mayor’s Nomination to Appoint Amanda Davis to the Mayor’s Citizen’s Co-Operative Advisory Board, (Term to Expire 11/03/2022) Moved to consent agenda Mayor’s Nomination to Appoint Chief Thomas Anderson to the Mayor’s Citizen’s Co-Operative Advisory Board, (Term to Expire 11/03/2021) Moved to consent agenda Other New Business, if any, Which has Arisen Since the Posting of the Agenda and Could not Have Been Anticipated Prior to the Time of Posting (25 O.S. § 311(9)) None. City Council Page 3 of 7 November 24, 2020 Staff Reports (Written report included in packet, if available staff is present for questions) None. Mayor and Council Community Announcements Mayor Parker congratulated Dalton Shinn and Doug White for passing the EMT exam. Interim City Manager’s Communications Tyler Cline explained that the Christmas tree will be arriving next week, donations are still being accepted. One of the two new substations have been turned on. The City of Anadarko approved a resolution thanking the City of Miami for sending linemen to aid their city during the recent ice storm. Adjournment Councilmember Lewis moved to adjourn. Councilmember Orcutt made the second. The Council was polled with the following results: Lewis, Aye Orcutt, Aye Davis, Aye Parker, Aye Weston, Absent Mayor Parker declared the meeting adjourned at 5:45PM. _______________________ _______________________ _______________________ Councilmember Lewis Councilmember Orcutt Councilmember Davis _______________________ _______________________ ATTEST: ______________________ Councilmember Weston Mayor Bless Parker Melissa Moore, City Clerk PURCHASE ORDERS PRESENTED November 24, 2020 VENDOR DESCRIPTION MUNICIPAL COURT * VERIZON IPAD DATA PLAN 80.02 80.02 POLICE DEPARTMENT FUELMAN OCTOBER FUEL USAGE 1,033.60 LUBE-N-GO OIL CHANGES 34.95 MAIN STREET CAR WASH OCTOBER CAR WASHES 236.96 * SPARKLIGHT INTERNET SERVICE 269.79 TRANSUNION BACKGROUND CHECK SERVICE 161.90 1,737.20 FIRE DEPARTMENT B&B HEATING & AIR CONDITIONING NORTH FIRE STATION 74.00 DEPT. OF PUBLIC UTILITIES OCTOBER POSTAGE FEES 2.75 FUELMAN OCTOBER FUEL USAGE 226.99 OKLAHOMA FIREFIGHTERS ASSOC. YEARLY DUES (PO#21-00591) 1,456.00 PAP'S APPLIANCE OVEN SERVICE 135.00 * VERIZON IPAD DATA PLAN 280.07 WELCH STATE BANK RESCUE TRUCK LEASE 2,687.56 City Council Page 4 of 7 November 24, 2020 4,862.37 EMERGENCY MANAGEMENT BUSINESS RADIO LICENSING RADIO LICENSING 120.00 FUELMAN OCTOBER FUEL USAGE 27.70 147.70 POLICE COMMUNICATIONS * ARLEDGE & ASSOCIATES AUDIT OF FINANCIAL STMTS. (PO#21-00582) 21,665.00 21,665.00 CODE ENFORCEMENT DEPT. OF PUBLIC UTILITIES OCTOBER POSTAGE FEES 92.23 FUELMAN OCTOBER FUEL USAGE 21.85 MIAMI NEWS RECORD PUBLIC NOTICE 20.30 134.38 STREET DEPARTMENT FABICK CAT REAR DIFFERENTIAL (PO#21-00547) 4,250.00 FUELMAN OCTOBER FUEL USAGE 432.07 WALK BEHIND CONCRETE SAW (PO#21- MAXWELL SUPPLY 00561) 6,822.50 MISACO DEPT. HOODIES 190.00 OKLAHOMA NATURAL GAS SEPT. & OCTOBER GAS USAGE 95.29 11,789.86 CEMETERY ADMIRAL EXPRESS PAPER, RECEIPT BOOK 108.48 DEPT. OF PUBLIC UTILITIES OCTOBER POSTAGE FEES 9.00 NEO CONCRETE CONCRETE 301.00 SOONER PRINTING NEWSLETTERS 132.00 SOONER PRINTING GAR NEWSLETTERS 85.00 635.48 MUNICIPAL BUILDING B&B HEATING & AIR COND. 2 POLE 40 AMP CONTACTORS 239.72 FUELMAN OCTOBER FUEL USAGE 25.39 HUGOS HEALTHCARE SOAP, SPRAY BOTTLE 85.68 HUGOS GLASS CLEANER 15.90 WEST TERMITE EXTERMINATING SERVICES 150.00 516.69 ANIMAL CONTROL FUELMAN OCTOBER FUEL USAGE 36.59 OKLAHOMA TURNPIKE AUTH. OCTOBER TOLL FEES 8.30 VETERINARY CENTER RABIES, SPAY, NEUTER, MEDICINE 440.50 485.39 PARKS DEPARTMENT DEPT. OF PUBLIC UTILITIES OCTOBER POSTAGE FEES 4.00 FUELMAN OCTOBER FUEL USAGE 297.63 GRAND IRON 4" PLATES 120.00 * JERRY CAMPBELL RETIREMENT CHECK (PO#21-00568) 250.00 MAIN STREET CAR WASH OCTOBER CAR WASH 27.69 OKLAHOMA NATURAL GAS OCTOBER GAS USAGE 46.33 City Council Page 5 of 7 November 24, 2020 PROFESSIONAL TURF CANOPY, RAIN COVER (PO#21-00336) 1,093.91 1,839.56 CAPITAL IMPROVEMENT BRANCO ENTERPRISES MAIN STREET PHASE III (PO#21-00625) 307,160.65 307,160.65 LIBRARY BLACKSTONE PUBLISHING BOOK ORDERS 212.54 4-STATE MAINTENANCE DISINFECTANT WIPES 67.29 HK ELECTRIC 30 AMP CIRCUIT 297.50 INGRAM BOOK ORDERS 275.61 MIDWEST TAPE AUDIO BOOKS 212.95 POPULAR SUBSCRIPTION SERV. MAGAZINE SUBSCRIPTIONS (PO#21-00533) 1,162.20 TLS WIRE HINGED EASELS 75.90 USI LAMINATING FILM 149.32 2,453.31 GENERAL GOVERNMENT ADMIRAL EXPRESS TRAY, ORGANIZER, VERTICAL FOLDERS 41.81 * CRAWFORD & ASSOCIATES PROFESSIONAL SERVICES (PO#21-00551) 2,742.50 DEPT. OF PUBLIC UTILITIES OCTOBER POSTAGE FEES 87.95 MIAMI SENIOR CENTER OCTOBER CONTRACT (PO#21-00155) 1,000.00 OUBCC OCTOBER PERMITS 380.00 4,252.26 HUMAN RESOURCES ALLEN SIGNS LOVE LOCAL DECALS 405.50 DEPT. OF PUBLIC UTILITIES OCTOBER POSTAGE FEES 32.45 PRE-EMPLOYMENT PHYSICALS (PO#21- INTEGRIS HEALTH 00593) 595.00 INVESTIGATIVE CONCEPTS BACKGROUND CHECKS 631.54 1,664.49 STREET & ALLEY KEMP STONE CRUSHED LIMESTONE (PO#21-00326) 3,515.42 KEMP STONE CRUSHED RUN ROCK (PO#21-00595) 7,745.08 * KEMP STONE CRUSHED LIMESTONE (PO#21-00575) 551.03 KEMP STONE CRUSHER ROCK (PO#21-00638) 551.97 MAXWELL SUPPLY ADHESIVE LUBRICANT 313.00 FABRIC, PAVING BASKET FRAME (PO#21- MAXWELL SUPPLY 00504) 10,449.85 * MUSKOGEE SAND ROAD SAND (PO#21-00592) 879.73 FORMS, REBAR, DOWEL BASKETS (PO#21- NEECE CONCRETE 00534) 30,134.00 * NEO CONCRETE CONCRETE FOR PROJECT (PO#21-00577) 3,195.00 NEO CONCRETE CONCRETE FOR PROJECT (PO#21-00635) 1,800.00 NEO CONCRETE CONCRETE FOR ROAD CONST. (PO#21-00579) 971.25 TEETERS ASPHALT ASPHALT (PO#21-00574) 2,139.83 62,246.16 INSURANCE FUND * NEW DIRECTIONS EAP (PO#21-00550) 3,131.54 City Council Page 6 of 7 November 24, 2020 3,134.54 DEMOLITION FUND OTTAWA COUNTY CLERK LIEN FILING FEES 18.00 18.00 GRANT/DONATION FUND B&B AUTO SUPPLY LIGHT CONNECTORS 19.12 BRANCO MAIN STREET PHASE III (PO#21-00644) 172,347.10 * KEMP STONE CRUSHED ROCK (PO#21-00532) 2,027.39 KEMP STONE CRUSHED ROCK (PO#21-00532) 3,907.87 WIRE FOR MAIN STREET LIGHTS (PO#21- LOCKE SUPPLY 00629) 1,994.80 TECHSOUP LAPTOP & OFFICE SOFTWARE (PO#21-00567) 3,228.00 183,524.28 TRAVEL CENTER WISPER INTERNET SERVICE 95.00 95.00 MCVB GROVE CHAMBER OF COMMERCE 2020 PROFILE BOOK 270.00 HOMETOWN BOTTLED WATER WATER COOLER RENTAL 9.00 * IDSS GLOBAL ANNUAL SUBSCRIPTION (PO#21-00536) 3,000.00 * J.F. GRIFFIN SPOONBILL GUIDE AD (PO#21-00537) 1,750.00 KEHELER MCVB BILLBOARD 300.00 * OK TOURISM & RECREATION ROUTE 66 GUIDE AD (PO#21-00535) 2,500.00 OK TOURISM & RECREATION JULY BROCHURES 285.39 OK TOURISM & RECREATION JUNE BROCHURES 260.19 8,374.58 AIRPORT OKLAHOMA NATURAL GAS OCTOBER GAS USAGE 131.96 WISPER INTERNET SERVICES 85.00 216.96 *DENOTES PAYMENTS MADE ON 11/10/2020 CITY OF MIAMI PAYROLL NOVEMBER 5, 2020 344,073.30 TOTAL GENERAL FUND 359,737.36 TOTAL OTHER FUNDS 257,296.52 TOTAL GOVERNMENTAL FUNDS 961,107.18 City Council Page 7 of 7 November 24, 2020 CITY OF MIAMI ACTION/DECISION REQUEST COUNCIL MEETING DATE: 12/01/2020 AGENDA TITLE: Resolution 2020-23 Amending Council Resolution CC2017-17 & CC2018-11 Delegating All Claims Payments Within Budget to the City Manager With Mayor’s Written Approval During Extraordinary Circumstances BACKGROUND: Per Resolution CC2017-17 and CC2018-11, the currently City manager has specific claims payment authority today: 1. The City Manager or designee shall have the authority to negotiate, approve and execute contracts that correspond with the fiscal year’s budget capacity; and 2. The City Manager shall have the authority to approve claims for payment and may issue payment for the same; and 3. The financial commitments and/or payments made under the authority granted hereunder shall not exceed a cumulative unpaid total of twenty thousand dollars ($20,000.00) absent the approving vote of a majority of a quorum of the Miami City Council at a regular or special meeting thereof and an additional twenty thousand dollars ($20,000.00) with the mayor’s written approval, provided that this provision is in addition to the powers of the City Manager in the case of a declared emergency as set out in 61 O. S. § 130; and 4. The City Manager shall be obligated to make report of actions taken under this authority at the regular meeting next following said actions; and 5. This Resolution may be revoked or amended at any time by vote of a majority of a quorum of the Miami City Council at a regular or special meeting, but such revocation or amendment shall not impair the validity of claims approval, claims payment or execution of contract(s) for performances and/or professional services made previously in compliance herewith. Besides the minor changes in in red on #2 and #3, the requested addition, as #4, would allow, in extraordinary circumstances, the City Manager, with the Mayor’s written approval, the authority to approve all budgeted expenditures more than once. (see redlined version) 4. “The preceding paragraph notwithstanding, in extraordinary circumstances when a duly called meeting of the City Council cannot legally be held, whether due to a lack of quorum, or otherwise, the City Manager or designee, with the Mayor’s written approval, shall have the authority to approve all or some pending budgeted expenditures. The Mayor’s approval is an ongoing approval, subject to the Mayor’s ability to withdraw same at any time, in writing; and absent such withdrawal it remains in place until the next legally called meeting of the Council is held. For purposes of this resolution and by way of example only and not as a limitation, “extraordinary circumstances” could mean when a majority of the Council has been quarantined during a pandemic which would eliminate the ability to hold a duly called public meeting; and” RECOMMENDATION: Recommend the council approve resolution as presented. PRESENTER(S): Ben Loring/Jill Fitzgibbon RESOLUTION NO. CC2020-23 A RESOLUTION OF THE CITY OF MIAMI COUNCIL OF THE CITY OF MIAMI, OKLAHOMA, AMENDING RESOLUTIONS CC2017-17 AND CC2018-11, DELEGATING CLAIMS PAYMENT AND CONTRACT AUTHORITY TO THE CITY MANAGER WHEREAS, the City of Miami, Oklahoma Charter provides for a Council-Manager form of government, Article I, Section 1; and WHEREAS, the Charter provides the following powers at Article II, Section 1: "All powers conferred upon the City of Miami shall, unless otherwise provided in this Charter, be exercised by a governing body consisting of one (1) City Council member from each of four wards and one (1) mayor to be elected at large.”; and WHEREAS, the Charter provides the following Council powers at Article II, Section 6, 3.: “Set, and, if necessary, amend the budget, raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the city, subject to such limitations as may now or hereafter by imposed by the Oklahoma Constitution and law:”; and WHEREAS, the Charter provides the following City Manager duties at Article II, Section 9, 4.: “Prepare a budget annually…and be responsible for the administration of the budget after it goes into effect; and recommend to the City Council any changes in the budget which he/she deems desirable;”; and WHEREAS, the Charter provides the following City Manager duties at Article II, Section 12, A.: The city manager may enter contracts, work orders and shall purchase, or issue purchase authorizations for all supplies, materials, and equipment for offices, departments, and agencies of the city government, subject to any regulations which the City Council may prescribe."; and WHEREAS, the Miami City Council desires to delegate claims settlement and payment authority to the City Manager; and WHEREAS, the Miami City Council desires to delegate to the City Manager the authority to execute contracts that correspond with the fiscal year’s budget capacity in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY COUNCIL AS FOLLOWS: 1. The City Manager or designee shall have the authority to negotiate, approve and execute contracts that correspond with the fiscal year’s budget capacity; and 2. Subject to the limitations of the following paragraphs, the City Manager or designee shall have the authority to approve claims for payment and may issue payment for the same; and 3. The financial commitments and/or payments of pending unpaid budgeted expenditures made under the authority granted hereunder shall not exceed a cumulative total of twenty thousand dollars ($20,000.00) absent the approving vote of a majority of a quorum of the Miami City Council at a duly called meeting thereof and an additional twenty thousand dollars ($20,000.00) with the mayor’s written approval, provided that this provision is in addition to the powers of the City Manager in the case of a declared emergency as set out in 61 O. S. § 130; and 4. The preceding paragraph notwithstanding, in extraordinary circumstances when a duly called meeting of the City Council cannot legally be held, whether due to a lack of quorum, or otherwise, the City Manager or designee, with the Mayor’s written approval, shall have the authority to approve all or some pending budgeted expenditures. The Mayor’s approval is an ongoing approval, subject to the Mayor’s ability to withdraw same at any time, in writing; and absent such withdrawal it remains in place until the next legally called meeting of the Council is held. For purposes of this resolution and by way of example only and not as a limitation, “extraordinary circumstances” could mean when a majority of the Council has been quarantined during a pandemic which would eliminate the ability to hold a duly called public meeting; and 5. The City Manager shall be obligated to make report of actions taken under this authority at the regular meeting next following said actions; and 6. This Resolution may be revoked or amended at any time by vote of a majority of a quorum of the Miami City Council at a regular or special meeting, but such revocation or amendment shall not impair the validity of claims approval, claims payment or execution of contract(s) for performances and/or professional services made previously in compliance herewith. PASSED AND APPROVED by public vote of the Miami City Council pursuant to a posted agenda item at a meeting held on 1st day, December 2020, by a vote of: ____ For, ____ Against, and ____ Abstaining ____________________________________________ Bless Parker, Mayor ATTEST: APPROVED: ____________________________ ________________________________ City Clerk Ben Loring, City Attorney [seal] RESOLUTION NO. CC2020-23 A RESOLUTION OF THE CITY OF MIAMI COUNCIL OF THE CITY OF MIAMI, OKLAHOMA, AMENDING RESOLUTIONS CC2017-17 AND CC2018-11, DELEGATING CLAIMS PAYMENT AND CONTRACT AUTHORITY TO THE CITY MANAGER WHEREAS, the City of Miami, Oklahoma Charter provides for a Council-Manager form of government, Article I, Section 1; and WHEREAS, the Charter provides the following powers at Article II, Section 1: "All powers conferred upon the City of Miami shall, unless otherwise provided in this Charter, be exercised by a governing body consisting of one (1) City Council member from each of four wards and one (1) mayor to be elected at large.”; and WHEREAS, the Charter provides the following Council powers at Article II, Section 6, 3.: “Set, and, if necessary, amend the budget, raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of the city, subject to such limitations as may now or hereafter by imposed by the Oklahoma Constitution and law:”; and WHEREAS, the Charter provides the following City Manager duties at Article II, Section 9, 4.: “Prepare a budget annually…and be responsible for the administration of the budget after it goes into effect; and recommend to the City Council any changes in the budget which he/she deems desirable;”; and WHEREAS, the Charter provides the following City Manager duties at Article II, Section 12, A.: The city manager may enter contracts, work orders and shall purchase, or issue purchase authorizations for all supplies, materials, and equipment for offices, departments, and agencies of the city government, subject to any regulations which the City Council may prescribe."; and WHEREAS, the Miami City Council desires to delegate claims settlement and payment authority to the City Manager; and WHEREAS, the Miami City Council desires to delegate to the City Manager the authority to execute contracts that correspond with the fiscal year’s budget capacity in connection therewith. NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY COUNCIL AS FOLLOWS: 1. The City Manager or designee shall have the authority to negotiate, approve and execute contracts that correspond with the fiscal year’s budget capacity; and 2. Subject to the limitations of the following paragraphs, Tthe City Manager or designee shall have the authority to approve claims for payment and may issue payment for the same; and 3. The financial commitments and/or payments of pending unpaid budgeted expenditures made under the authority granted hereunder shall not exceed a cumulative total of twenty thousand dollars ($20,000.00) absent the approving vote of a majority of a quorum of the Miami City Council at a regular or special duly called meeting thereof and an additional twenty thousand dollars ($20,000.00) with the mayor’s written approval, provided that this provision is in addition to the powers of the City Manager in the case of a declared emergency as set out in 61 O. S. § 130; and 4. The preceding paragraph notwithstanding, in extraordinary circumstances when a duly called meeting of the City Council cannot legally be held, whether due to a lack of quorum, or otherwise, the City Manager or designee, with the Mayor’s written approval, shall have the authority to approve all or some pending budgeted expenditures. The Mayor’s approval is an ongoing approval, subject to the Mayor’s ability to withdraw same at any time, in writing; and absent such withdrawal it remains in place until the next legally called meeting of the Council is held. For purposes of this resolution and by way of example only and not as a limitation, “extraordinary circumstances” could mean when a majority of the Council has been quarantined during a pandemic which would eliminate the ability to hold a duly called public meeting; and 5. The City Manager shall be obligated to make report of actions taken under this authority at the regular meeting next following said actions; and 6. This Resolution may be revoked or amended at any time by vote of a majority of a quorum of the Miami City Council at a regular or special meeting, but such revocation or amendment shall not impair the validity of claims approval, claims payment or execution of contract(s) for performances and/or professional services made previously in compliance herewith. PASSED AND APPROVED by public vote of the Miami City Council pursuant to a posted agenda item at a meeting held on __________day, __________________, 20__, by a vote of: ____ For, ____ Against, and ____ Abstaining _______________________________________ _____ Bless Parker, Mayor ATTEST: APPROVED: ____________________________ ________________________________ City Clerk Ben Loring, City Attorney [seal] ORDINANCE NO. 2020-08 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MIAMI, OKLAHOMA ENACTING SECTION 13-3 (MASKS REQUIRED ON CITY FACILITIES AND PROPERTY) OF ARTICLE I (IN GENERAL) OF CHAPTER 13 (MISCELLANEOUS PROVISIONS AND OFFENSES) OF THE CODE OF ORDINANCES; PROVIDING SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS; AND ESTABLISHING AN EMERGENCY. I. Purpose. The Miami City Council finds that the current COVID-19 pandemic requires the emergency adoption of certain preventative measures to protect the health, safety and welfare of the citizens of the City of Miami and surrounding areas. II. Findings of Fact. A. The world is experiencing an outbreak of a respiratory disease caused by the SARS-CoV-2 virus (“COVID-19"), and B. On March 11, 2020 the World Health Organization (WHO) declared the corona virus COVID-19 disease to be a pandemic; and C. On March 13, 2020 the President of the United States declared a National Emergency; due to the COVID-19 Virus pandemic; and D. On March 15, 2020, the Governor of the State of Oklahoma declared an emergency caused by the impending threat of COVID-19 to the people of this State and the public's peace, health and safety; and E. On March 21, 2020 the City Council of the City of Miami declared a health disaster caused by the COVID-19 virus pandemic; and F. There is currently not available a vaccine or cure for COVID 19; and G. According to the Center for Disease Control and Prevention ("CDC"), the virus spreads between people who are within six feet of one another and through respiratory droplets produced when an infected person coughs, sneezes, talks, sings or raises their voice; and H. The CDC recommends that all people two years of age and older wear face coverings when in public settings and around people who do not live in the same household, particularly when other social distancing measures cannot be maintained; and I. The CDC also recommends that people limit close contact with others outside of the same household by maintaining a distance of at least six feet between yourself and others, in both indoor and outdoor spaces; and J. With the transmission of COVID-19 and related hospitalizations continuing to increase across Oklahoma, including in the City of Miami and Ottawa County, The City Council recognizes that provisions to protect the life and health of residents and employees of the City of Miami as set forth below are essential; and K. It is the continuing duty of the City Council to protect the health and safety of the City, its inhabitants and employees, to preserve the workings of the core functions of government, and to do so the City of Miami has a special obligation to keep its employees as safe as possible during this pandemic; and L. To date, the City of Miami has had 32 non-first responder employees test positive for COVID-19 and 15 first responders that were forced to follow the CDC Guidelines for First Responders; and M. In addition, to date, the City of Miami has had 70 employees quarantined for 14 days each due to exposure to the COVID-19 virus, with another 69 employees identified as Page 1 of 4 having a possible exposure, which did not require a quarantine at that point under CDC Guidelines; and N. To date, based on the two preceding findings, the City of Miami has had to pay 4,749 hours of COVID-19 related FERCA Emergency Sick Leave at a cost to the City and its taxpayers of $71,016.42; and O. Article 2, Section 6, subparagraph 2 of the City Charter provides that the Council may enact municipal legislation subject to limitations as may now or hereafter be imposed by the Oklahoma Constitution and law; and P. The Oklahoma Emergency Management Act of 2003, 63 O.S. §§683.1, et seq., and 11 O.S. § 22-120 authorizes the City Council, in the interest of public health, safety and welfare to make such other orders as are imminently necessary for the protection of life and property; and Q. The City Council clearly understands that there is a very vocal segment of the citizenry that feels any mandate in the public health interest by the Council would be an unconstitutional infringement of their individual rights as citizens; however, the Council also notes that over a century ago, in a case dealing with the Commonwealth mandating vaccinations to stop the spread of the smallpox epidemic, the U. S. Supreme Court ruled in the case of Jacobson v. Massachusetts, 197 U. S. 11, 25 S. Ct. 358, 49 L. ED. 643, that such a mandate is constitutional and appropriate. The Court said: The defendant insists that his liberty is invaded when the State subjects him to fine or imprisonment for neglecting or refusing to submit to vaccination; that a compulsory vaccination law is unreasonable, arbitrary and oppressive, and, therefore, hostile to the inherent right of every freeman to care for his own body and health in such way as to him seems best, and that the execution of such a law against one who objects to vaccination, no matter for what reason, is nothing short of an assault upon his person. But the liberty secured by the Constitution of the United States to every person within its jurisdiction does not import an absolute right in each person to be, at all times and in all circumstances, wholly freed from restraint. There are manifold restraints to which every person is necessarily subject for the common good. On any other basis, organized society could not exist with safety to its members. Society based on the rule that each one is a law unto himself would soon be confronted with disorder and anarchy. Real liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own, whether in respect of his person or his property, regardless of the injury that may be done to others. . . . Even liberty itself, the greatest of all rights, is not unrestricted license to act according to one's own will. It is only freedom from restraint under conditions essential to the equal enjoyment of the same right by others. . . . Upon the principle of self-defense, of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MIAMI, OKLAHOMA: Section 1 - New Law Page 2 of 4 Section 13-3 of the Code of Ordinances is enacted to read as follows: Masks required on City facilities and property. Effective immediately, and except as otherwise provided herein, all persons on property, including buildings and office space, owned or leased by the City of Miami, Oklahoma, shall wear a facial covering or mask (as deemed appropriate by CDC Guidelines) over the mouth and nose at all times where physical distancing measures may be difficult to observe. This only applies to persons while indoors or when in an outdoor space, wherever it is not feasible to maintain six feet of social distance from another person. Facial coverings or masks are not required in the following circumstances: A. In state owned and leased vehicles, if only occupied by one occupant; B. When a person is alone in an enclosed space, such as an individual office; C. When the individual has a bona fide religious objection to wearing a facial covering or mask; D. While eating or drinking; E. When a licensed healthcare provider has determined that wearing a facial covering or mask causes or aggravates a health condition for the individual; F. When wearing a facial covering or mask would prevent the receipt of services or performing work in the course of employment; G. When complying with the directions of law enforcement or for the purposes of verifying a person's identity; and H. Children under the age of 10. Enforcement of this ordinance shall focus first on educating and working to promote the mitigation of the spread of COVID-19. A person entering or remaining in a City facility in violation of this ordinance shall be notified of the provisions of this ordinance and will be provided an opportunity to explain an exception to this ordinance. If the person not wearing a mask, does not provide an exception as provided in this ordinance, they shall be offered a mask or the option to leave the location. If the person fails or refuses to do either of these, then any and all City employee(s), except duly authorized law enforcement officers, dealing with that individual shall refuse to service or otherwise deal further with the individual. If the individual further refuses to wear a mask or leave the City facility, they may be subject to a criminal citation and be subject to prosecution under criminal trespass (§ 13-49), disturbing the peace (§13-116), interference with an officer (§13-223) or similar offenses as the circumstances warrant. It is the intent of the City Council that this ordinance is to be temporary in nature. It is therefore intent of this enacting City Council that when the emergency nature of the pandemic which has given rise to the necessity of this ordinance is deemed to be over, in the opinion of the then existing City Council, that such Council repeal this ordinance. Section 2 - Severability If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect. Section 3 - Conflicting Provisions Page 3 of 4 If any provision, paragraph, word, section or article of this Ordinance conflicts with the provisions of any other Ordinance, then the provisions of this Ordinance shall be deemed to have superseded all conflicting provisions previously entered into effect. Section 4 - Effective Date [Choose One (1)] __________ Pursuant to 11 O.S. §14-103, this Ordinance shall take effect thirty (30) days from its final passage unless the City Council specifies a later date: ______________________________________________________________________________ [OR] __________ EMERGENCY CLAUSE. For the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist whereby this Ordinance shall take effect immediately upon passage and publication as required by law. The question of emergency must be ruled upon separately and approved by the affirmative vote of at least ¾ of ALL the members of the City Council (4 affirmative votes required). As required by 11 O.S. §14-103, an emergency measure must state in a separate section why it is necessary that the measure become effective immediately; the reason for the emergency measure is as follows: The immediate implementation of this ordinance is essential to protect the health and safety of the City, its inhabitants and employees and to preserve the workings of the core functions of government, and to do so the City of Miami has a special obligation to keep its employees as safe as possible during this pandemic. PASSED AND APPROVED this 1st day of December 2020. ___________________________________ Bless Parker, Mayor ATTEST: APPROVED: _______________________________ ___________________________________ Melissa Moore, City Clerk Ben Loring, City Attorney Page 4 of 4

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