June 17, 2013 by wcobserver
[These minutes are recorded by City Clerk Marsha Hungate and are available to anyone who requests a copy.]
Unapproved Page 1 of 6
Regular Council Meeting
June 11, 2013
Meeting convened at 6:31 PM
Invocation was given by Joan Wright followed by the Pledge of Allegiance
MEMBERS PRESENT: Anita Lowry, Charlie Rossetti, Mike Nelson, Ed Stout,
Shane Donahue, Bill Sergeant, Julie Shafer, Attorney Justin Eichmann,
Mayor Frances Hime, and City Clerk Marsha Hungate
MEMBERS ABSENT : Sarah Setzer
Mayor Hime asked the Council to amend the Agenda by adding as Item #1
under New Business, the appointment of Bill Griffith to the Planning
Commission, and to change the subsequent numbering to follow.
Motion made by Shafer to amend the agenda.
2nd by Stout
Motion made by Rossetti to move old Item #1 of New Business to Item #1
of Old Business concerning Gail Hardy with Xpressions speaking to the
Council about the city website. This would then change the subsequent
numbering in Old Business to follow.
2nd by Shafer
Bill Sergeant asked at this time if the Mayor would please place on the
July Agenda, under Old Business, discussing another Workshop.
Mayor Hime said she would do so.
Motion made by Shafer to adopt the Agenda including the above changes.
2nd by Stout
Motion made by Shafer to approve the May Minutes
2nd by Donahue
1. COURT – No comments or questions
2. LIBRARY – No comments or questions
3. PLANNING COMMISSION – No comments or questions
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4. POLICE DEPARTMENT – Chief Collins reported that the West Fork Police
Department had been awarded a District Court Security Grant in the
amount of $6,000 dollars. Seven departments in Washington County were
submitted to receive it, and West Fork Police Department was the one
5. STREETS AND UTILITIES – Butch Bartholomew reported that water loss
was down to 23.48% per report. There has been no Water and Sewer
Commission meetings to lack of a quorum, but they will try to meet next
Alderman Rossetti asked if it would be cost effective to add a metering
system that would indicate problem areas of usage. Butch said it would
be very costly but he could look into the actual cost. The system is
nearly 60 yrs old, and they do what they can to take meter readings of
Butch advised the Council that the NRC (Natural Resources Commission)
had approved a 1.2 million grant and was considering another ½ million.
He will be back down there this coming Thursday and hopefully get more
Robert White with McClelland Engineering spoke to the Council saying
that they had submitted 4 sets of maps to different agencies and until
all responses are in, we are in limbo on grants/loans to get it all
Alderman Rossetti asked if any of them needed anything from the Council
that might help with the process. Mr. White advised not at this time.
6. PARKS – No comments or questions
7. RENEWABLE RESOURCES CENTER – No comments or questions
8. FIRE DEPARTMENT – No comments or questions
9. TREASURER – No comments or questions
1. Gail Hardy, from Xpressions, web designer for West Fork City Website
Mayor Hime announced that the City Website was launched this afternoon,
and is now accessible to the public at the following website address:
Gail Hardy explained how the website works, how many pages it has
available, and answered questions regarding navigating to other links
from the City site.
Joan Wright spoke as a member of the Website Committee, thanking the
Council for their support and patience.
Mayor Himes told the Council that the cost at this time was $650.00 of a
$1,000 budget. More can be added to the site as needed and money is
Alderman Rossetti thanked the Mayor, Joan Wright, and Gail Hardy for the
work done on the website.
Joan Wright asked that notification of the website be placed on the
marquee out front so that the public would know the address of the
website. Mayor Hime told her that would be done.
2. First Christian Church – Kenny Miller spoke to the Council on behalf
of the members/owners of the church, offering the building to the City.
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Has not functioned as a church in about a year. They feel it would be of
use to the City of West Fork as possibly a museum, or offices. He stated
that the only condition of the transfer of the Church to the City is
that if money is made from it’s use, that it be made to the Cookson
Hills Christian School, in Cookson Hills, Oklahoma. The Church has long
supported that institution and they work with homeless and troubled
Attorney Justin Eichmann stated that a clear title would need to be
researched. He would do so and report back to the Council at the July
Butch Bartholomew told the council that when he examined the building,
it’s in very good shape to be over 100 yrs old, but would need to be
updated to current codes first, such as handicap requirements, plumbing
and electrical in order to be used as a public facility.
The Council voiced a desire to tour the building.
Motion made by Shafer to set a date for June 29th, 2013 at 9 AM. This
would be open to the public to attend. Mr. Miller agreed to conduct that
2nd by Donahue
3. Community Center WI-FI –
Motion made by Shafer to pay $295.00 for WI-FI service at the Community
2nd by Donahue
4. Reappointment of Robin Wilson to the Planning Commission – Questions
were raised and concerns regarding 2 from one household serving on the
same Commission. Robin Wilson is married to Robert Staats, who also
serves on the Planning Commission. Her legal name was questioned and
Attorney Eichmann said it would be good to have her legal name to clear
up any confusion.
Attorney Eichmann stated there is no prohibition regarding spouses
serving on the same Commission. It would be up to you to decide if you
Alderman Nelson questioned it being nepotism by having them both serve.
Mayor Hime wanted the Council to consider an ordinance being made
stating prohibition of appointing spouses to commissions.
Motion made by Rossetti to table this until the July meeting, to clarify
her legal name, and to advertise for the position on the marquee and the
website for any and all interested parties to come before the Planning
Commission for recommendation to the Mayor for nomination and Council
2nd by Donahue
1. Bill Griffith appointment to the Planning Commission – Mayor Hime
introduced Mr. Griffith to the Council and made a recommendation for his
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appointment to the Planning Commission.
Motion made by Ed Stout to accept Bill Griffith’s appointment to the
2nd by Shafer
2. Request for letter signed by the Council required to secure
additional funding from the NRC. It had been asked previously during
the reports if this was needed and was determined it was not. No further
questions or comments.
3. Police Commission: Status of commissioners –
Mayor Hime had questions of terms of 5 years, and when they met, and
when they were appointed.
Attorney Eichmann suggested that if the Commission is not dormant, and
all the terms are still in effect, the Commission can continue as is. If
not, bring it back to the council and appoint new Commissioners.
Alderman Nelson stated he was never aware there was a term limit
involved. The Commissioners served until they quit.
Mayor Hime stated the Ordinance states 5 year term limits.
Attorney had the Ordinance in hand, and it states 5 year term limits.
Mayor Himes stated she’s asked Chief Collins to gather the Police
Commission minutes to be recorded.
Alderman Rossetti asked the Mayor if 2 people were contacted and asked
to serve on the Police Commission. She replied yes. He asked who
authorized that? Mayor responded she did, and had asked Chief Collins to
do so. He asked if the 2 current Police Commissioners were contacted.
She replied no. He asked if the positions had been advertised on the
marquee? She said no. He said “yet the Council has asked that any
replacements on commissions be advertised. What does the Council need to
do to make sure these kinds of procedures are done from the Mayors
office?” Mayor responded that ‘we did not know at the time if they were
needed anyone so I talked with them or asked that they be notified. If
we had those positions available, then they would be notified.” Also
contacted were Jeff Baker, and Sgt. Craig Stout.
Jerry Jenson asked to speak to the Council saying he was not notified by
anyone. He heard he was being replaced while he was at the coffee shop.
He was upset that a Chief was appointed, a new officer hired, and he was
not even asked or notified about it.
Mayor responded that no new appointments had been made yet for the
Police Commission. She went on to say that the old Commission, at the
time, did not have an active role in those choices, and she acted in her
rights as Mayor in making the new Chief appointment.
Alderman Rossetti asked Chief Collins his part in this. Chief Collins
stated that he was asked by the Mayor to go to Jeff Baker and Sgt. Craig
Stout with Fayetteville Police Department and ask if they would be
interested in serving.
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Alderman Nelson stated that he was upset in the way the Mayor has
Alderman Rossetti made the following motion:
“I move that Mayor Hime is to discuss all business with appropriate West
Fork employees and all elected officials before contacting any business
agency, or government entity about West Fork business and that Mayor
Hime must have the approval of the Council before making contact with
any business agency, or government entity”
2nd by Sergeant
Mayor Hime stated she did not believe it was legal.
Alderman Rossetti asked Attorney to comment
Attorney Eichmann stated the following: Its not enforceable. I’m sorry.
The Mayor has inherit powers, the Council has inherit powers. You’ve hit
on a broad communication issue again. But a resolution saying a mayor
can’t speak to someone is just not enforceable.
Alderman Nelson called for a vote
Voice Vote as follows:
Anita Lowry – NO, Charles Rossetti – YES, Mike Nelson- YES, Ed Stout-
YES, Shane Donahue – YES, Bill Sergeant – YES, Julie Shafer – YES
MOTION CARRIED 6 – 1
Attorney Eichmann on the agenda item regarding the Police Commission: I
was told the Police Commission was inactive, since it is clearly not,
then full steam ahead. You have the Commissioners already appointed, you
have the meetings. There is nothing stopping the Police Commission at
Mayor Hime said the Police Commissioners are Sheriff Tim Helder, Jerry
Jenson, and Tony Alvarado.
4. Funding request for Community Center Facility Check and part-time RRC
Motion made by Sergeant to table this until the July meeting when the
Mayor can bring us more detailed description and cost.
2nd by Shafer
5. Resolution 2013-7 Authorizing Destruction of Documents
Motion made by Donahue to accept the resolution
2nd by Shafer
6. New Telephone Equipment for the City Administration Building
Mayor Hime advised an update on the phone system at the City
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Building. It will have recording capabilities that will provide a
recording of the Council meetings. Frank Adams offered to waive his
costs on labor and Windstream will keep this at the current budget
With no further business
Motion made by Shafer to adjourn
2nd by Donahue
Meeting adjourned at 9:15 PM