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2001-06-19 EmergencyCITY OF OKEECHOBEE JUNE 199 2001 EMERGENCY CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 3 CALL TO ORDER - Mayor: June 19, 2001, City Council Emergency Meeting, 12:00 p.m. Mayor Kirk called the June 19, 2001 Emergency City Council Meeting to order at 12:00 p.m. II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. III City Clerk Thomas called the roll: Mayor James E. Kirk Present Council Member Noel A. Chandler Present Council Member Robert Oliver Present Council Member Dowling R. Watford, Jr. Absent Council Member D. Clayton Williams, Jr. Present City Attorney John R. Cook Present City Administrator Bill L. Veach Present City Clerk Bonnie S. Thomas Present Deputy Clerk S. Lane Gamiotea Present III. NEW BUSINESS. A. Motion to retain Attorney Steve Robbins regarding Workers' Attorney Cook advised the Council of meetings he and Administrator Veach attended in West Palm Beach, with Compensation Litigation - City Attorney. Attorney Steve Robbins regardingthe City's issue with a former workers' compensation company (GRIT) thathadfiled bankruptcy. The City has an outstanding claim on a police officer that was injured on the job. City Staff is pursuing avenues to recoup some of the City's cost in covering this outstanding claim. The first step, which is being done is to file a proof of claim with the bankruptcy court that is due July 1. An Attorney in Orlando is working with the City on preparation of this claim, we will have that filed, but we do not expect a lot of money out of it. This second step is to see whether there are avenues with the insurance company and the agency involved seeing if there is any other source of funds that we can tap into to help us pay that claim. Attorney Robbins has reviewed what documents the City has and gave the optimistic opinion that the City has a case. Depending on the type of claim that could be made there are statutes of limitations, but speed is of the essence. In order to meet any of the statutes of limitations Attorney Robbins needs to proceed with getting something filed for the claim as soon as possible. Attorney Cook recommended authorizing an expenditure up to ten thousand dollars ($10,000.00) which would cover Attorney Robbins initial retainer, attorney fees and court cost, etc. If we do not proceed then we could be barred forever of trying to recoup some of the costs on the outstanding claim. 173 171 JUNE 19, 2001 - EMERGENCY MEETING - PAGE 2 OF 3 III. NEW BUSINESS CONTINUED. A. Motion to retain Attorney Steve Robbins regarding Workers' Attorney Cook and Council briefly discussed reinsurance and the role of the State Insurance Commissioner in this Compensation Litigation continued. issue. Council Member Oliver moved to retain Attorney Steve Robbins regarding Workers' Compensation Litigation not to exceed ten thousand dollars ($10,000.00) till it comes back to the Council; seconded by Council Member Chandler. Administrator Veach noted that this expenditure may necessitate a budget amendment. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - ABSENT WILLIAMS - ABSTAIN MOTION CARRIED. Council Member Williams noted that he abstained from voting since he works in the office of the insurance agency that is involved. Attorney Cook advised that under the ethics laws every Councilman is required to vote on a matter unless it somehow is a private gain, direct or indirect. In this case, because of the conflict of your employment situation, it is advisable to abstain from voting, you are allowed to participate in the discussion. Clerk Thomas has a form you will need to sign any time you abstain. In response to an earlier discussion there was a question about any otherfunds or anything available, Council Member Williams commented that for self insurance funds, no, the fund is it and the members of the fund. When you sign that joint agreement, you become the guarantee. If you have a company then you come under the State Guarantee Fund. If you have a workers' compensation company, but not a self insurance fund and that is what this was, a self insurance fund. B. Motion to adopt Resolution No. 01-9 regarding Telecommunications Attorney Cook requested this matter not be addressed at this time. The Council will need to adopt a resolution and Tax - City Attorney (Exhibit 1). send it to Tallahassee by July 16. Another special meeting may have to be called in July to meet this deadline since the next regularly scheduled meeting is not until July 17. The Council agreed. JUNE 19, 2001 - EMERGENCY MEETING - PAGE 3 OF 3 175 111. NEW BUSINESS CONTINUED. C. Motion to issue a Letter of Termination to the OUA regarding Garbage Collection Billing - City Attorney. IV ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF L. PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDEWE UPON WHICH THE APPEAL IS TO BE BASED. ATTEST: James E. Kirk, Mayor Bonnie S. Thomas, CIVIC, City Clerk One of the outstanding items for City Staff to pursue is to begin billing the mandatory garbage collection on the tax roll as a non -ad valorem assessment. The public hearing is scheduled for August 21, 2001 for the Council to consider this. Should the Council decide to do this, there are other items that need to be in place. Currently the billing is done through the Okeechobee Utility Authority (OUA) system. Attorney Cook advised that according to the interlocal agreement the City needs to give the OUA a ninety -day notice to stop billing for the garbage collection through their billing system. In order to meet time schedules, the City should advise the OUA of their possible intentions that beginning January 1, 2002 billing would be done through individual tax bills. Council Member Oliver moved to authorized Attorney Cook to issue a contingent Letter of Termination to the OUA regarding Garbage Collection Billing; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - ABSENT WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 12:40 p.m. A Form 8B Memorandum of Voting Conflict for Municipal Officers was completed by Council Member Williams and is on file in the Office of the City Clerk. Page -1- CITY OF OKEECHOBEE EMERGENCY CITY COUNCIL MEETING - June 19, 2001 HANDWRITTEN MINUTES I. CALL TO ORDER: -Mayor: K6#*,,.runRi19, zoos CXy coujzaFMgfVenCy MEftr- 12:00p V. II. MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. DrnnnM A h..-- Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea Carolyn Arnold, Office Assistant III. NEW BUSINESS. A. Council MembgW_ moved to retain Attorn teve Robbins regarding Workers' Compensation Litigati - ity a - Attorney; seconded by Council Member' .� ,✓� ��`�'/i �� e.� � � �� !"'` -`--,t"rt.-CG� .��-''----ti L�(i�Ll� •/�/j�� 2^2� GIG%,,+�il.rL'�-. ;- �, r � 7 i ��%<'"�� 2 G'L�I�% eN-e� y�� ,Lc.<�,,,i, /�T=r;.�-"'�y�" � L (-l`f-�.�"Z/�-- (�Zk L�r� •- (�.. ..�-y..-� � -c., - "� %- � /.ti�'�u•s��i`c r�'-7 � .- � ,� •L'L� `:��A��y �k G L-L>yt — /-a'C u,,-�. {.�.�' �- i�' � _"<?-GC�iZ,�[tt�x� (�' /'/ /�ti'� - �L ;� '_ > a 4i� L CG_� � iC_ .i% /� � r �q j� .� (/ � rG1 (/i' �- J, ✓�� Kf' at; �! Z, 4{0 �l� T � t jjv a � IIJJ %emu — Y NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS 'r ' Motion arriecJ — Denied. N Page -2- Council Member moved to adopt proposed Resolution No. 01-9 regarding Telecommunications Tax - City Attorney (Exhibit 1); seconded by Council Member Ar L e VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion Carried -r Denied. C. Council Member ALmovedto - City Attorney; seconded by Council M VOTE '-YEA-- NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MO on Carri d - Denied. ,v 1 j�ermination to the OUA regarding Garbage Collection Billing Xc CITY OF OKEECHOBEE EMERGENCY CITY COUNCIL MEETING - June 19, 2001 HANDWRITTEN MINUTES CALL TO ORDER: -Mayor: K" _TU+w.,19. 2001 crxv c0u+w E"wr4e4Ar_y Mix 12 •oo p w,, MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. Droeon4 Akn 4 Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea Carolyn Arnold, Office Assistant NEW BUSINESS. t Page -I- A. Council Member_ moved to retain Attorney Steve Robbins regarding Workers' Compensation Litigation - City Attorney; seconded by Council Member tSC,. r)E* {t� �. Bu + J rxj- U/ 5 P_ L". LV P g �a a�anol0.� , I S+ vk4 dwc,U..v,-.Q.� ,dog doh dcblk_ w 0 m�►n�,o �o .Qu9_p k�C9.� a �c�-f c� b4vzouo vz�_) %Pcitid 4-w - 61L, ci N� r Lu- &04 -- 4O 1XII C r -u� 2V,u- '/c i U4 dog- P1oc�ed c.t,�d bu ��, IYJ CkC �02,42 6tAc� C�CZc1u W cSLC , `25 Ob-L > Q u4 ��U-�y� cep 4-b 41 � CM VOTE YEA NAY ABSTAIN ABSENT dG KIRK CHANDLER %L- (3c)" 4-T- OLIVER "- WATFORD Gar do�f c�ou!, Gum WILLIAMSc�p Motion Carried — Denied. - ' - aAV�- (rya(' ? 3 50rvlk, =► + SUA1a . Page -2- B. Council Member moved to adopt proposed Resolution No. 01-9 regarding Telecommunications Tax - City Attorney (Exhibit 1); seconded by Council Member VOTE KIRK CHANDLER OLIVER WATFORD WILLIAMS wair �LC, Mc Q Y-1� �c p tt� TakLQ Q . Motion Carried - Denied. T. ('-,cLL -t, C. Council Member _moved t as Letter of Termination to the OUA regarding Garbage Collection Billing - City Attorney; seconded by Council Member j�t'�J . Tn+z-l- c ► e- 63 TLA'rV� r, q� dcco� C10,d coo BOLL uuSl� 4-o �-a v d-u ety- �%l�Q�. �L tom'{-��.Q/�•� � �iC.(.Pill1.. �ll, `F ilQ� �(. �F.(/t_ /��'�.QJ1v c-u4.--hakuc . VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motio arried , Denied. I. II. CITY OF OKEECHOBEE JUNE 1 % 2001 EMERGENCY CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER -Mayor: June 19, 2001, City Council Emergency Meeting, 12:00 Noon. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea NEW BUSINESS. A. Motion to retain Attorney Steve Robbins regarding Workers' Compensation Litigation - City Attorney. B. Motion to adopt Resolution No. 01-9 regarding Telecommunications Tax - City Attorney (Exhibit 1). C. Motion to issue a Letter of Termination to the OUA regarding Garbage Collection Billing - City Attorney. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if anv person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. PAGE 1 OF 1 L�C) Ocid(2k C,UC C (�) ( , Q �� c)rd A f) l3E 'Z MAU ml_(-/r/ �3 'L5)pa) `l J I I I I I I 1 I I I I I I I I FROM: City of Okeechobee ~ m r BONNIE S. THOMAS, CMC 'e�ao City Clerk ' 1915 v City Supervisor of Elections Personnel Administrator Lane Gamiotea, Deputy Clerk E-mail: Igamiotea@cityofokeechobee.com Phone: (863) 763-3372 ext. 215 55 S.E. Third Avenue Fax: (863) 763-1686 Okeechobee, FL 34974-2932 E-mail: bthomas@cityofokeechobee.com DATE: FAX NO.: (b..19-()( PAGE TOTAL: COMMENTS: CONTACT IN CASE OF PROBLEMS: �- I I I I I 1 . on". . 1 I I I I Um i FROM: City of Okeechobee m BONNIE S. THOMAS, CMC City Clerk 1915City Supervisor of Elections Personnel Administrator Lane Gamiotea, Deputy Clerk E-mail: lgcimictec@cityofokeechobee.com Phone: (863) 763-3372 ext. 215 55 S.E. Third Avenue Fax: (863) 763-1686 Okeechobee, FL 34974-2932 E-mail: bthomos@cityofokeechobee.com DATE: FAX No.: '' 3"J l (D - 16- C, I PAGE TOTAL: 2, COMMENTS: CONTACT IN CASE OF PROBLEMS: e- U) 1 I I I I I FROM: City of Okeechobee ° BONNIE S. THOMAS, CMC City Clerk 5 City Supervisor of Elections Personnel Administrator Lane Gamiotea, Deputy Clerk E-mail: Igamioteo@cityofokeechobee.com Phone: (863) 763-3372 ext. 215 55 S.E. Third Avenue Fax: (863) 763-1686 Okeechobee, FL 34974-2932 E-mail: bthomos@cityofokeechobee.com DATE: FAX NO.: �rlrc 4`1L C) PAGE TOTAL: COMMENTS:-PLI run� n jkd� CONTACT IN CASE OF PROBLEMS: �- I I I 1 I I I 1 FROM: DATE: (a- Ir-(1)( City of Okeechobee m BONNIE S. THOMAS, CMC City Clerk 1915 1 City Supervisor of Elections Personnel Administrator Lane Gamiotea, Deputy Clerk E-mail: Igamiotea@ciyofokeechobee.com Phone: (863) 763-3372 ext. 215 55 S.E. Third Avenue Fax: (863) 763-1686 Okeechobee, FL 34974-2932 E-mail: bthomas@cityofokeechobee.com FAX NO.: 9 "1 52-q PAGE TOTAL: 2- U) I COMMENTS: p (� 1 l.\. � � !` l .J� U1 I I CONTACT � IN CASE OF WaA0PROBLEMS: j� IL I I I I I I I I I I I I I I I I FROM: r�G\�Y _nF�cyo� City of Okeechobee m BONNIE S. THOMAS, CMG 'bs�oao City Clerk s s 5 City Supervisor of Elections Personnel Administrator Lane Gamiotea, Deputy Clerk E-mail: Igamiotea@cityofokeechobee.com Phone: (863) 763-3372 ext. 215 55 S.E. Third Avenue Fax: (863) 763-1686 Okeechobee, FL 34974-2932 E-mail: bthomas@cityofokeechobee.com DATE: FAX I"0 I PAGE TOTAL: 2- COMMENTS: ` taf.�[) I--�OZL1t� CONTACT IN CASE OF PROBLEMS: kme-19anni4ta FORM 8B MEMORANDUM OF VOTING CONFLICT FOR LINTY MUNICIPAL AND OTHER LOCAL PUBLIC R ITY, OR63—mmrrTEE LAOFFICERS C• NAME OF BOARD, COUNCIL, COMMISSION, ST NAME —FIRST NAME —MIDDLE NAME T mar n ^TTTM( T T. MAILING ADDRESS OKEECHOBEE DATE ON WHICH VOTE OCCURRED JUNE 19, 2001 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: _ CRY ❑ COUNTY ❑ OTHER LOCAL AGENCY COUNTY NAME OF POLITICAL SUBDIVISION: OKEECHOBEE CITY OF OKEECHOBEE MY POSITION IS: ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). , + ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and E OCCURS by completing and filing this form with the person responsible for recording the min - WITHIN 15 DAYS AFTER THE VOT utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. NCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the ....�.;.,,, , h^ will Incorporate the form in the minutes. (Continued on other side) PAGE 1 ,. ors cGC 1Mnnn - - - - - - - - APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the DISCLOSURE OF LOCAL OFFICER'S INTEREST n _ r i a -,+ ; , , alas 1 a1• , hereby disclose that on June 1 9 20 QI_: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, X inured to the special gain or loss of Berger Insurance & Real Estate O fir-P b Y whom I am retained; or . inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: JUNE 19 2001 Date Filed r 1 Signature which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES_ GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:.IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 n�.,