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Home My WebLink About2011.01.04_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL RECEIVED TYPE OF MEETING: Regular DEC 2010 DATE: January 4, 2011 TIME: 6:30 p.m. City/ Clerk' PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall at 6:00 p.m. on Thursday, December 30, 2010. Sherry Bishop, C y Clerk AGENDA 1. Call to Order Mayor Doug Bonebrake 2. Invocation Pastor Scott Carlson, Central Baptist Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Attentiveness. Michele Dempster, Character Council Member 6. Consideration and appropriate action relating to a request for City Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. A. Approval of Minutes of the December 21, 2010 Regular Meeting. Attachment # 6-A B. Approval of Claims. Attachment # 6-B 7. Consideration and appropriate action relating to items removed from the Consent Agenda. 8. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing confidential communications between the City of Owasso and its attorney, relating to litigation styled Permaul vs. City of Owasso; such executive session provided for in O.S. 25, Section 307(B)(4). Mayor Bonebrake Attachment # 8 Owasso City Council January 4, 2011 Page 2 Consideration and appropriate action relating to a request for City Council approval of Resolution No. 2011-01, designating the City Manager as the settlement representative for the settlement conference to be held on January 12, 2011, in the litigation styled Permaul v. City of Owasso, et al., and additionally granting full and final settlement authority in this action to the City Manager for purposes of the settlement conference. Ms. Lombardi Attachment # 8 Staff recommends City Council approval of Resolution No. 2011 -0 1. 10. Report from City Manager. 11. Report from City Attorney. 12. Report from City Councilors. 13. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 14. Adjournment. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, December 21, 2010 The Owasso City Council met in regular session on Tuesday, December 21, 2010 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 6:00 p.m. on Friday, December 17, 2010. ITEM 1. CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:31 p.m. ITEM 2. INVOCATION The invocation was offered by Pastor Ted Johnson of Bible Church of Owasso. ITEM 3. FLAG SALUTE Councilor Cataudella led the flag salute. ITEM 4. ROLL CALL PRESENT Doug Bonebrake, Mayor Jon Sinex, Vice Mayor Steve Cataudella, Councilor Bryan Stovall, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ABSENT Wayne Guevara, Councilor ITEM 5. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the December 7, 2010 Regular Meeting and December 14, 2010 Special Meeting. B. Approval of Claims. C. Acknowledgement of receiving the monthly FY 2009-10 budget status report. D. Acceptance of the Comprehensive Annual Financial Report for FY 2009-10. E. Declaration of certain vehicles surplus to the needs of the City of Owasso, establishing a minimum value for each vehicle, and authorization for the disposal of such. F. Approval of Ordinance No. 975, amending the Oklahoma Municipal Retirement Fund Defined Benefit Plan Joinder Agreement and Master Plan document. Mr. Cataudella moved, seconded by Mr. Sinex, to approve the Consent Agenda with claims totaling $472,615,66. Also included for review were the healthcare self-insurance claims report and payroll payment report for pay period ending 12/04/10. Owasso City Council December 21, 2010 YEA: Stovall, Sinex, Cataudella, Bonebrake NAY: None Motion carried 4-0. ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action was required on this item. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL TO AWARD THE SPORTS PARK SOUTH RESTROOM CONSTRUCTION PROJECT CONTRACT, AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT Mr. Warren presented the item, recommending City Council award the Sports Park South Restroom Construction Project contract, including alternate 1, to Tri-Star Construction in the amount of $153,021; and authorize the Mayor to execute the contract, Mr. Sinex moved, seconded by Mr. Stovall, to award the Sports Park South Restroom Construction Project Contract, as recommended. YEA: Sinex, Stovall, Cataudella, Bonebrake, NAY: None Motion carried 4-0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL TO AWARD THE 2010 RAYOLA PARK IMPROVEMENTS PROJECT CONTRACT, AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT Mr. Stevens presented the item, recommending City Council award the 2010 Rayola Park Improvement Project contract, including alternates 1 through 8, to Tri-Star Construction, LLC in the amount of 357,279.05; and authorize the Mayor to execute the contract. Mr. Cataudella moved, seconded by Mr. Sinex, to award the 2010 Rayola Park Improvement Project contract, as recommended. YEA: Cataudella, Stovall, Sinex, Bonebrake NAY: None Motion carried 4-0. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF THE TEMPLE BUSINESS PARK FINAL PLAT Mr. Fritschen presented the item, recommending City Council approval of the Temple Business Park Final Plat. Mr, Stovall moved, seconded by Mr. Sinex, to approve the Temple Business Park Final Plat, as recommended, YEA: Cataudella, Sinex, Stovall, Bonebrake NAY: None 2 Owasso City Council Motion carried 4-0. December 2l, 2010 ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF ORDINANCE NO. 976, RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 3, VEHICLE EQUIPMENT, SECTION 15-308, MANDATORY SEAT BELT USE, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY INCREASING THE AGE REQUIREMENT FOR CHILD PASSENGER RESTRAINT SYSTEMS FROM FOUR (4) TO SIX (6) YEARS, TO REFLECT STATE STATUTE LANGUAGE REGARDING THE SAME Ms. Lombardi presented the item, recommending City Council approval of Ordinance No, 976. Mr. Sinex moved, seconded by Mr. Cataudella, to approve Ordinance No. 976, as recommended. YEA: Sinex, Stovall, Cataudella, Bonebrake NAY: None Motion carried 4-0. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF ORDINANCE NO. 977, RELATING TO PART 10, OFFENSES & CRIMES, CHAPTER 4, OFFENSES AGAINST HEALTH, WELFARE & MORALS, SECTION 10- 426, TRUANCY, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, MAKING IT UNLAWFUL FOR CHILDREN BETWEEN THE AGES OF TWELVE (12) AND EIGHTEEN (18) TO NEGLECT OR REFUSE TO ATTEND SCHOOL, AND AUTHORIZING ISSUANCE OF A CITATION BY LAW ENFORCEMENT IF A CHILD IS DEEMED TRUANT AS DEFINED BY SCHOOL DISTRICT POLICY Ms. Lombardi presented the item, recommending City Council approval of Ordinance No. 977. Mr. Sinex moved, seconded by Mr. Stovall, to approve Ordinance No. 977, as recommended. YEA: Sinex, Stovall, Cataudella, Bonebrake NAY: None Motion carried 4-0. ITEM 14. REPORT FROM CITY MANAGER Mr. Ray provided an update on recent City events and activities. ITEM 15. REPORT FROM CITY ATTORNEY No report. ITEM 16. REPORT FROM CITY COUNCILORS Members of the City Council provided a report on recent and upcoming City and Council member activities. ITEM 17. NEW BUSINESS None. 3 Owasso City Council ITEM 18. ADJOURNMENT Mr. Sinex moved, seconded by Mr, Stovall, to adjourn the meeting. YEA: Sinex, Cataudella, Stovall, Bonebrake NAY: None Motion carried 4-0 and the meeting was adjourned at 7:16 p.m. December 21, 2010 Doug Bonebrake, Mayor Kian Kamas, Minute Clerk Claims List 01/04/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL TREASURER PETTY CASH CC REFUND/WILMOTT 50.00 TREASURER PETTY CASH CC REFUND/HUTTON 50.00 TREASURER PETTY CASH CC REFUND/THOMAS 50.00 TREASURER PETTY CASH CC REFUND/CARTER 50.00 TREASURER PETTY CASH CC REFUND/CORY 50.00 TREASURER PETTY CASH CC REFUND/CARTER 50.00 TREASURER PETTY CASH CC REFUND/ROBINSON 50.00 TREASURER PETTY CASH OC REFUND/SINGLETON 100.00 TOTAL GENERAL 450.00 MUNICIPAL COURT YOUTH SERVICES OF TULSA YOUTH COURT 3,750.00 CHARLES N. ROMANS BAILIFF SERVICES 210.00 JPMORGAN CHASE BANK MEEKS-WARNING CITATIONS 216.13 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 4.77 TOTAL MUNICIPAL COURT 4,180.90 MANAGERIAL JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 15.48 JPMORGAN CHASE BANK COMMUNITY RELATIONS 33.85 JPMORGAN CHASE BANK COMMUNITY RELATIONS 45.00 JPMORGAN CHASE BANK MEETING EXPENSE 35.49 JPMORGAN CHASE BANK OK BAR ASSOC-DUES 275.00 JPMORGAN CHASE BANK EMPLOYEE APPRECIATION 68.89 JPMORGAN CHASE BANK REASORS-FOOD CM EVENT 175.50 CUSTOM CRAFT AWARDS, INC. EMPLOYEE APPRECIATION 205.00 JPMORGAN CHASE BANK COMMUNITY RELATIONS 60.37 JPMORGAN CHASE BANK MEETING EXPENSE 34.35 JPMORGAN CHASE BANK EMPLOYEE RELATIONS 79.87 JPMORGAN CHASE BANK MEETING EXPENSE 108.50 JPMORGAN CHASE BANK COMMUNITY RELATIONS 13.50 JPMORGAN CHASE BANK CMAO-DUES 419.00 JPMORGAN CHASE BANK CMAO-CONFERENCE 202.00 TREASURER PETTY CASH MILEAGE/STEVENS 23.50 TREASURER PETTY CASH MEETING EXPENSE 199.98 TREASURER PETTY CASH EMPLOYEE APPRECIATION 500.00 TOTAL MANAGERIAL 2,495.28 FINANCE JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 25.77 TOTAL FINANCE 25.77 HUMAN RESOURCES JPMORGAN CHASE BANK USPS-POSTAGE 10.04 URGENT CARE OF GREEN COUNTRY, P.L.L RANDOM DRUG SCREEN 110.00 JPMORGAN CHASE BANK CHARACTER INITIATIVE 239.71 J.J. KELLER & ASSOCIATES, INC PROSPERA BASIC EDITION 1,390.00 URGENT CARE OF GREEN COUNTRY, P.L.L PRE-EMPLOYMENT TESTING 25.00 Page 1 Claims List 01/04/2011, Budget Unit Title Vendor Name Payable Description Payment Amounl TOTAL HUMAN RESOURCES 1,774.75 HR - CHARACTER INITIATIVE JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 116.20 TOTAL HR -CHARACTER INITIATIVE 116.20 GENERAL GOVERNMENT JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 33.19 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES 4,939.30 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES 4,939.30 AT&T LONG DISTANCE LONG DISTANCE SERVICE 51.85 CINTAS CORPORATION CARPET/ MAT CLEANING 30.45 COMMUNITY PUBLISHERS INC PUBLICATIONS 72.90 AT&T CONSOLIDATED PHONE BILL 730.13 MAILROOM FINANCE INC POSTAGE 1,051.22 XEROX CORPORATION COPIER SERVICE & SUPPLIES 977.17 IKON OFFICE SOLUTIONS, INC COPIER SERVICE & SUPPLIES 557.90 TOTAL GENERAL GOVERNMENT 13,383.41 COMMUNITY DEVELOPMENT SAV-ON PRINTING & SIGNS LLC APPROVAL STAMP 40.00 TREASURER PETTY CASH NOTARY BOND 10.00 JPMORGAN CHASE BANK LODGING EXPENSE 154.92 JPMORGAN CHASE BANK LODGING EXPENSE 146.92 SPRINT SPRINT CARDS 79.98 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 16.27 TOTAL COMMUNITY DEVELOPMENT 448.09 ENGINEERING SPRINT SPRINT CARDS 119.97 JPMORGAN CHASE BANK RIDGWAYS-COPIES 50.55 UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 UNIFIRST HOLDINGS LP UNIFORM SERVICES 13.20 TOTAL ENGINEERING 196.92 INFORMATION TECHNOLOGY USA MOBILITY WIRELESS, INC PAGER USE 8.70 SPRINT SPRINT CARDS 79.98 TOTAL INFORMATION TECHNOLOGY 88.68 SUPPORT SERVICES COPY WORLD BUSINESS SOLUTIONS, LLC QTRLY MAINT FEES - COPIER 110.00 AT&T CONSOLIDATED PHONE BILL 57.70 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 15.73 AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.68 JPMORGAN CHASE BANK LOWES-MOP HEADS 13.96 JPMORGAN CHASE BANK LOWES-PARTS 8.24 JPMORGAN CHASE BANK LOWES-BULBS 15.04 JPMORGAN CHASE BANK LOWES-LIGHT BULB 5.98 Page 2 Claims List 01/04/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni SUPPORT SERVICES... JPMORGAN CHASE BANK LOWES-LIGHT BULBS 29.77 JPMORGAN CHASE BANK MURPHY-PAPER TOWEL HOLDER 64.28 SPRINT SPRINT CARDS 119.97 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 19.25 TOTAL SUPPORT SERVICES 480.85 CEMETERY JPMORGAN CHASE BANK ATWOODS-TRASH BAGS 27.98 JPMORGAN CHASE BANK IWINFIELD-FERTILIZER 1,195.50 TOTAL CEMETERY 1,223.48 POLICE SERVICES JPMORGAN CHASE BANK PEPPERBALL TECH-TRAINING 300.00 AT&T LONG DISTANCE LONG DISTANCE SERVICE 51.86 JPMORGAN CHASE BANK TACNOLOGIES-CARTRIDGES 219.00 JPMORGAN CHASE BANK WALMART-CORK BOARD 8.48 JPMORGAN CHASE BANK USPS-SHIPPING 12.30 JPMORGAN CHASE BANK OREILLYS-RETURN -79.99 TRACEE RATHBONE TUITION REIMBURSEMENT 432.00 TRUMAN MAXEY TUITION REIMBURSEMENT 267.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 185.13 AT&T CONSOLIDATED PHONE BILL 507.48 USA MOBILITY WIRELESS, INC PAGER USE 83.80 JPMORGAN CHASE BANK IPMBA-MEMBERSHIP DUES 50.00 JPMORGAN CHASE BANK UPS STORE-SHIPPING 9.90 JPMORGAN CHASE BANK WATERSTONE-DRY CLEANING 1,204.40 JPMORGAN CHASE BANK OFFICE DEPOT-LABELS 26.99 JPMORGAN CHASE BANK UNITED UNIFORM-APPAREL 48.52 JPMORGAN CHASE BANK WINZIP-SOMS 34.90 SPRINT SPRINT CARDS 479.88 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FYI 1 157.50 JPMORGAN CHASE BANK PATROL TECH-BELT 83.95 JPMORGAN CHASE BANK WALMART-HEATER 32.00 JPMORGAN CHASE BANK WALMART-JUMP START 99.94 JPMORGAN CHASE BANK WALMART-JUMP START 99.94 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FYI 1 157.50 JPMORGAN CHASE BANK PATROL TECH-BELT 60.56 TREASURER PETTY CASH KEYS 28.11 TOTAL POLICE SERVICES 4,561.15 POLICE COMMUNICATIONS JPMORGAN CHASE BANK WALMART-PRISONER MEALS 115.00 TREASURER PETTY CASH NOTARY BOND 10.00 JPMORGAN CHASE BANK WALMART-PRISONER MEALS 98.36 USA MOBILITY WIRELESS, INC PAGER USE 26.10 URGENT CARE OF GREEN COUNTRY, P.L.L PRE-EMPLOYMENT SCREENING 22.00 Page 3 Claims List 01/04/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni POLICE COMMUNICATIONS.. JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 38.19 JPMORGAN CHASE BANK ROBERTSON-SHOWER REPAIR 18.40 TOTAL POLICE COMMUNICATIONS 328.05 ANIMAL CONTROL HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 28.00 HILL'S PET NUTRITION SALES, INC SHELTER SUPPLIES 28.00 AT&T LONG DISTANCE LONG DISTANCE SERVICE 3.83 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 2.50 JPMORGAN CHASE BANK LOWES-SUPPLIES 39.96 AT&T CONSOLIDATED PHONE BILL 44.69 JPMORGAN CHASE BANK WATERSTONE-DRY CLEANING 92.40 JPMORGAN CHASE BANK LOWES-SUPPLIES 26.59 TOTAL ANIMAL CONTROL 265.97 FIRE SERVICES AT&T MOBILITY WIRELESS SERVICE 22.00 JPMORGAN CHASE BANK GRAINGER-LIGHT BULBS 100.80 JPMORGAN CHASE BANK YALE CLEANERS-DRY CLEAN 53.50 JPMORGAN CHASE BANK ADVANCE AUTO-HEAD LAMP 14.10 JPMORGAN CHASE BANK CASECO-BUNKER GEAR 6,363.00 JPMORGAN CHASE BANK CASECO-BUNKER GEAR 6,257.00 USA MOBILITY WIRELESS, INC PAGER USE 96.60 SPRINT SPRINT CARDS 319.92 WAYNE R. GAYLORD ELECTRICAL WORK 137.50 JPMORGAN CHASE BANK BAILEYS-BLADE 27.83 JPMORGAN CHASE BANK OREILLYS-OIL DRY 13.00 AT&T CONSOLIDATED PHONE BILL 226.40 JPMORGAN CHASE BANK DOOR CONTROLS-GARAGE DOOR 5,166.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 133.78 AT&T LONG DISTANCE LONG DISTANCE SERVICE 16.68 JPMORGAN CHASE BANK LOWES-HARDWARE 20.34 JPMORGAN CHASE BANK CONRAD FIRE-SENSORS 174.15 JPMORGAN CHASE BANK LOWES-SUPPLIES 46.95 JPMORGAN CHASE BANK LOWES-THERMOSTAT GUARD 36.96 JPMORGAN CHASE BANK OK POLICE SUPPLY-APPAREL 15.90 TOTAL FIRE SERVICES 19,242.41 EMERGENCY PREPAREDNES AT&T CONSOLIDATED PHONE BILL 7 23.62 1 SPRINT SPRINT CARDS 39.99 TOTAL EMERGENCY PREPAREDNESS 63.61 STREETS UNIFIRST HOLDINGS LP UNIFORM SERVICES 31.19 SHERWOOD CONSTRUCTION CO, INC CONCRETE 855.00 SHERWOOD CONSTRUCTION CO, INC CONCRETE 498.00 ROADSAFE TRAFFIC SYSTEMS, INC BARRICADE RENTAL 57.20 Page 4 Claims List 01/04/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni STREETS... SIGNALTEK INC NOVEMBER MAINTENANCE 3,106.06 TULSA ASPHALT, LLC TYPE C ASPHALT 62.06 TULSA ASPHALT, LLC TYPE C ASPHALT 49.14 DULTMEIER SALES, LLC BRINE PRODUCTION UNIT 30,086.00 JPMORGAN CHASE BANK WATER PROD-PARTS 38.03 TULSA ASPHALT, LLC TYPE C ASPHALT 78.75 TULSA ASPHALT, LLC TYPE B ASPHALT 284.22 HOLLIDAY SAND & GRAVEL CO SAND 163.65 HOLLIDAY SAND & GRAVEL CO SAND 164.10 TULSA ASPHALT, LLC TYPE C ASPHALT 68.99 JPMORGAN CHASE BANK AMERIFLEX HOSE-NOZZLE 79.30 JPMORGAN CHASE BANK OWASSO LUMBER-SUPPLIES 54.54 SPRINT SPRINT CARDS 119.97 USA MOBILITY WIRELESS, INC PAGER USE 43.50 JPMORGAN CHASE BANK LOWES-CREDIT -1.89 JPMORGAN CHASE BANK ARMOR-SAFETY SUPPLIES 38.84 JPMORGAN CHASE BANK LOWES-KEYS 5.67 JPMORGAN CHASE BANK BUMPER TO BUMPER-FLUID 6.38 JPMORGAN CHASE BANK BUMPER TO BUMPER-SUPPLIES 19.74 UNIFIRST HOLDINGS LP UNIFORM SERVICES 29.49 JPMORGAN CHASE BANK LOWES-PLYWOOD 25.44 TOTAL STREETS 35,963.37 STORMWATER JPMORGAN CHASE BANK ATWOODS-SHOVELS 40.97 JPMORGAN CHASE BANK ATWOODS-TRASH BAGS 31.96 JPMORGAN CHASE BANK ATWOODS-RETURN -15.00 JPMORGAN CHASE BANK AUTOZONE-SHRINK TUBING 3.49 JPMORGAN CHASE BANK ARMOR-SAFETY SUPPLIES 38.81 JPMORGAN CHASE BANK P & K EQUIPMENT-GAS CAP 4.15 USA MOBILITY WIRELESS, INC PAGER USE 74.87 SPRINT SPRINT CARDS 159.96 SAV-ON PRINTING & SIGNS LLC BUSINESS CARDS 30.00 UNIFIRST HOLDINGS LP UNIFORM SERVICES 45.11 UNIFIRST HOLDINGS LP UNIFORM SERVICES 45.11 JPMORGAN CHASE BANK EQUIPMENT ONE-CHAIN 32.99 JPMORGAN CHASE BANK UPS STORE-POSTAGE 13.92 TOTAL STORMWATER 506.34 PARKS SPRINT SPRINT CARDS 39.99 JPMORGAN CHASE BANK ATWOODS-SUPPLIES 7.38 UNIFIRST HOLDINGS LP UNIFORM RENTALS & CLEANIN 14.65 AT&T CONSOLIDATED PHONE BILL 181.53 JPMORGAN CHASE BANK ATWOODS-CLAMP TIES 3.96 UNIFIRST HOLDINGS LP UNIFORM RENTALS & CLEANIN 14.65 WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE FOR MCCARTY 41.90 Page 5 Claims List 01/04/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni PARKS... JPMORGAN CHASE BANK ADT-SECURITY SERVICES 53.71 AT&T LONG DISTANCE LONG DISTANCE SERVICE 2.73 TOTAL PARKS 360.50 COMMUNITY CENTER AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.54 JPMORGAN CHASE BANK TUCKER JANT'L-SUPPLIES 318.80 JPMORGAN CHASE BANK LOWES-SCREWS 2.36 JPMORGAN CHASE BANK ASSOC PARTS-SWITCH 31.95 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 70.80 JPMORGAN CHASE BANK TUCKER JANT'L-SUPPLIES 308.40 JPMORGAN CHASE BANK OREILLYS-BELT 6.14 AT&T CONSOLIDATED PHONE BILL 128.30 TOTAL COMMUNITY CENTER 868.29 HISTORICAL MUSEUM AT&T CONSOLIDATED PHONE BILL 23.62 TREASURER PETTY CASH MILEAGE/BOUTWELL 27.45 AT&T LONG DISTANCE LONG DISTANCE SERVICE 1.82 TOTAL HISTORICAL MUSEUM 52.89 ECONOMIC DEV SPRINT SPRINT CARDS 39.99 TOTAL ECONOMIC DEV 39.99 FUND GRAND TOTAL 87,116.9 AMBULANCE SPRINT SPRINT CARDS 199.95 AT&T MOBILITY WIRELESS SERVICE 79.47 JPMORGAN CHASE BANK SAFE KIDS-RECERTIFICATION 50.00 MEDICLAIMS INC BILLING SERVICES 973.57 TOTAL AMBULANCE 1,302.99 FUND GRAND TOTAL 1,302.9 E911 COMMUNICATIONS INCOG-E911 [EI 11ADMIN SVC FEES 5,866.17 AT&T NSOLIDATED PHONE BILL 276.32 TOTAL E911 COMMUNICATIONS 6,142.49 FUND GRAND TOTAL 6,142.4 CEMETERY - CEMETERY JCHASE BANK GNC CONCRETE-CONCRETE 1,019.00 CHANDLER MATERIALS CO, INC. MATERIALS 2,128.40 Page 6 Claims List 01/04/2011 Budget Unit Title Vendor Name Payable Description Payment Amouni TOTAL CEMETERY -CEMETERY 3,147.40 FUND GRAND TOTAL 3,147.4 STRONG NEIGHBORHOODS SPRINT SPRINT CARDS 39.99 TOTAL STRONG NEIGHBORHOODS 39.99 FUND GRAND TOTAL 39.9 CI - QUAL OF LIFE INITIAT ALABACK DESIGN ASSOCIATES, INC QUALITY OF LIFE INITIATIV 9,168.00 TOTAL CI - QUAL OF LIFE INITIAT 9,168.00 CI - 106/GARNETT INTERSEC INGRAM, BLEVINS, ROBERSON, KNIGHT SUMMARY APPRAISAL REPORT 2,000.00 INGRAM, BLEVINS, ROBERSON, KNIGHT SUMMARY APPRAISAL REPORT 2,000.00 TOTAL CI - 106/GARNETT INTERSEC 4,000.00 FUND GRAND TOTAL 13,168.0 CITY GARAGE JPMORGAN CHASE BANK DITCH WITCH-PARTS 296.19 JPMORGAN CHASE BANK UNITED FORD-PARTS 73.38 JPMORGAN CHASE BANK UNITED FORD-PARTS 520.47 JPMORGAN CHASE BANK UNITED FORD-PARTS 261.34 JPMORGAN CHASE BANK UNITED FORD-PARTS 956.72 JPMORGAN CHASE BANK UNITED FORD-PARTS 142.19 JPMORGAN CHASE BANK UNITED FORD-PARTS 20.35 JPMORGAN CHASE BANK UNITED FORD-PARTS 4.80 AT&T LONG DISTANCE LONG DISTANCE SERVICE 8.17 JPMORGAN CHASE BANK FASTENAL-SUPPLIES 6.13 T & W TIRE, LP TIRES POLICE CAR & PW TRK 463.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 33.27 JPMORGAN CHASE BANK FASTENAL-HARDWARE 9.01 QUALITY TIRE & AUTO SERVICE, LLC WHEEL ALIGNMT POLICE CAR 59.95 AT&T CONSOLIDATED PHONE BILL 44.69 AT&T MOBILITY WIRELESS SERVICE 57.87 JPMORGAN CHASE BANK UNITED FORD-PARTS 33.38 TOTAL CITY GARAGE 3,024.18 FUND GRAND TOTAL 3,024.1 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 264.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 289.00 Page 7 Claims List 01 /04/20 1 Budget Unit Title Vendor Name Payable Description Payment Amouni WORKERS' COMP SELF-INS... CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 342.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 578.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 264.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 342.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS EXPEN 578.00 TOTAL WORKERS' COMP SELF-INS 2,946.00 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT A `WOR K7RS COMP CLAIMS EXPEN 1,361.64 CITY OF OWASSO IMPREST ACCOUNT K RS COMP CLAIMS EXPEN 8,583.49 TOTAL WORKERS' COMP SELF-INS 9,945.13 FUND GRAND TOTAL 12,891.1 GEN LIAB-PROP SELF INS SHIRLEY BOWMAN TORT CLAIM 45.00 TOTAL GEN LIAB-PROP SELF INS 45.00 FUND GRAND TOTAL 45.0 CITY GRAND TOTAL $126,878.08 Page 8 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 12/18/10 Department Payroll Expenses Total Expenses Municipal Court 4,586.31 6,186.88 Managerial 19,449.26 26,406.04 Finance 14,926.73 21,999.65 Human Resources 5,984.82 9,734.69 Community Development 10,682.72 15,168.65 Engineering 9,992.06 15,312.69 Information Systems 9,355.08 14,534.50 Support Services 6,678.83 9,707.81 Police 106,831.98 159,968.38 Central Dispatch 13,965.33 23,240.21 Animal Control 2,464.47 3,724.45 Fire 93,355.26 138,109.56 Emergency Preparedness 2,818.43 4,328.22 Streets 5,755.12 9,357.36 Stormwater/ROW Maint. 6,782.83 10,638.09 Park Maintenance 5,026.74 8,071.47 Community-Senior Center 3,145.50 5,109.67 Historical Museum 5,703.92 6,741.42 Economic Development 2,876.92 3,818.43 General Fund Total 330,382.31 492,158.17 m M 4,103.59 6,488.29 Ambulance Fund Total 18,986.32 28,271.88 Emergency 911 Fund Total 2,464.49 4,101.23 VVc; =~'b 5,704.84 6,872.98 -Strong Neighborhoods 2,102.12 3,155.18 tae Detention 175.00 198.02 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 1/04/11 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 37,539.80 HEALTHCARE MEDICAL SERVICE 43,084.65 HEALTHCARE MEDICAL SERVICE 35,903.32 HEALTHCARE MEDICAL SERVICE 29,103.58 HEALTHCARE MEDICAL SERVICE 3,860.30 HEALTHCARE MEDICAL SERVICE 28,664.57 HEALTHCARE MEDICAL SERVICE 20,184.61 HEALTHCARE MEDICAL SERVICE 31,469.13 ADMIN FEES 943.00 ADMIN FEES 16,053.44 STOP LOSS FEES 19,182.80 HEALTHCARE DEPT TOTAL 265,989.20 DELTA DENTAL DENTAL MEDICAL SERVICE 2,116.60 DENTAL MEDICAL SERVICE 1,982.32 DENTAL MEDICAL SERVICE 3,711.80 DENTAL DEPT TOTAL 7,810.72 VSP VISION MEDICAL SERVICES 1,874.09 VISION DEPT TOTAL 1,874.09 HEALTHCARE SELF INSURANCE FUND TOTAL 275,674.01 0 OeT City wir out omits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Settlement Conference in Permaul v, The City of Owasso, et al. DATE: December 30, 2010 BACKGROUND: A lawsuit was filed against the City of Owasso, and Officer Jonathan Foyil, Officer T.J, Hutton and Sergeant Nick Boatman in both their official and personal capacities, on January 28, 2010, by the Plaintiffs, Walter & Shirley Permaul. This action, brought under 42 U.S.C. §1983 for numerous alleged torts and civil rights violations sustained by the Plaintiffs, arises out of an incident that occurred on February 8, 2009, between Mr. & Mrs. Permaul and the Owasso Police Department. The Federal Code of Civil Procedure requires attendance at a settlement conference by a person vested with full settlement authority on behalf of any organization or entity named as a party in a federal lawsuit. Although a representative cannot be compelled to settle a case, all parties are required to confer full settlement authority upon a representative to be used at the representative's discretion during the settlement conference. The Court has issued an order in this case scheduling a settlement conference for the Plaintiffs, Defendants and their respective attorneys on January 12, 2011, at 2;00 p.m, at the federal courthouse, and has compelled attendance and participation by all parties. Consequently, it is necessary for the City of Owasso to confer full settlement authority upon a representative to attend the settlement conference on behalf of the City and the three named police officers. The Open Meeting Act specifically provides in 25 O.S. §307(B)(4) that discussions between a public body and its attorney concerning a pending action may be held in executive session if public disclosure of the matters to be discussed will seriously impair the public body's ability to prosecute or defend the litigation. The City Attorney and outside counsel retained by the City to conduct its defense believe the necessary matters to be considered and discussed by the City Council fall within the purview of §307(B)(4), and further believe that discussion of these matters publicly during a City Council meeting would seriously impair the ability of the City and the three Defendant police officers to defend this lawsuit. Accordingly, counsel recommends that discussion of the legal issues relating to the pending lawsuit and settlement conference be conducted in executive session. As further required by the Open Meeting Act, any vote or action taken in connection with this item will occur in the public meeting after the City Council members return from the executive session. PROPOSED ACTION: Discussion of this issue by the City Council and necessary staff in executive session, and approval of proposed Resolution 2011-01, conferring full settlement authority upon the City Manager, Rodney J. Ray, for purposes of the court-mandated settlement conference in this case. RECOMMENDATION: Staff recommends that the City Council convene an executive session to discuss this lawsuit and the scheduled settlement conference. Staff further recommends that the City Council designate the City Manager, Rodney J, Ray, as the authorized settlement representative for the City of Owasso and the Defendant police officers in the case of Permaul v, City of Owasso et al., and approve proposed Resolution 2011-01 memorializing the same, ATTACHMENTS: A. Proposed Resolution 2011 -01 B. Settlement Conference Order filed October 15, 2010 OWASSO CITY COUNCIL RESOLUTION NO. 2011-01 A RESOLUTION OF THE OWASSO CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE TO BE HELD ON JANUARY 12, 2011, IN THE LITIGATION STYLED PERMAUL V. CITY OF OWASSO, ET AL., AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS ACTION TO THE CITY MANAGER FOR PURPOSES OF THE SETTLEMENT CONFERENCE. WHEREAS: The above-named City of Owasso and three police officers are Defendants in litigation currently filed in the United States District Court for the Northern District of Oklahoma captioned as Walter Anthony Permaul and Shirley Yadira Permaul v. City of Owasso, Officer Jonathan Foyil, Officer T.J. Hutton and Sergeant Nick Boatman, United States District Court for the Northern District of Oklahoma, Case No. 10-CV-0104-TKC-PJC, and, WHEREAS: The Defendants have been ordered to attend a settlement conference by the Court to occur on the 12th day of January, 2011, at the United States Courthouse in Tulsa, Oklahoma, and to bring an authorized representative possessing full settlement authority to be used at his or her discretion during the settlement conference, and, WHEREAS: The City of Owasso wishes to vest full and final settlement authority in the City Manager, Rodney J. Ray, for purposes of the settlement conference, THE CITY COUNCIL HEREBY ADOPTS THE FOLLOWING RESOLUTION: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Rodney J. Ray, in his capacity as City Manager, is hereby designated as the settlement representative of the City of Owasso for purposes of the above- described settlement conference, AND, BE IT FURTHER RESOLVED THAT: Rodney J. Ray is hereby vested with full and final settlement authority on behalf of the City of Owasso for purposes of the settlement conference to be held on January 12, 201 1 . APPROVED AND ADOPTED this 4th day of January, 2011, by the City Council of the City of Owasso, Oklahoma. Doug Bonebrake, Mayor Attest: Sherry Bishop, City Clerk Approved As To Form: Julie T. Lombardi, City Attorney Case 4:1 0-cv-00 104-TCK- Document 20 Filed in USDC ND/. . on 10/15/10 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA Walter Anthony Permaul, et al, Plaintiff(s), Case No.: 10-cv-104-TCK-PJC V. Officer Jonathan Foyil, et al, Defendant(s). SETTLEMENT CONFERENCE ORDER READ CAREFULLY: This Order has been significantly revised. This case is scheduled for a Settlement Conference before U. S. Magistrate Judge Frank H. McCarthy on 01/12/2011 at 2:00 p.m.. The Parties shall report to the Page Belcher Federal Courthouse, 333 West Fourth Street, Courtroom # 2, Third Floor, Tulsa, Oklahoma. General information about the Settlement Conference process in this Court, as well as specific information about the Parties' obligations and responsibilities and dates for compliance are set forth on the following pages. Counsel must be familiar with the provisions of this Order. 1. CONFERENCE OBLIGATIONS Counsel are directed to discuss the Settlement Conference, the requirement of full settlement authority and parameters of settlement with their clients and insurance representatives before the Conference. Counsel should discuss settlement with their clients and with each other so that all settlement issues have been identified and the elements of a settlement have been explored well in advance of the Conference. (A) Settlement Conference Statement Prior to the Settlement Conference, each side must provide a written Settlement Conference Statement outlining the Party's position on settlement of the case. These statements shall be no more than five (5) pages in length and are not to be filed. All communications related to the Settlement Conference Statements and the Conference itself are strictly confidential. The Statements should be submitted directly to the Judge(s) indicated below: United States Magistrate Frank H. McCarthy 333 W 4"' Street, U.S. Courthouse Tulsa, OK 74103 SeulemenlConfereneeOrderlS( -02 410) Case 4:10-cur-00104-TCK DocUment 29 Piled in USDC ND/, , on 10/15/10 Page 2 of 6 In the Settlement Conference Statement each side should outline its view of the material legal and factual issues that it believes will determine the outcome of the case; however, the purposes of the Settlement Conference are not served when counsel makes statements of the type generally expected during closing argument. Plaintiff: On or before 12/29/2010, the Plaintiff must provide to all opposing counsel, the Assigned Settlement Judge(s) (listed above) a Settlement Conference Statement. This Statement must also include the following: ■ The name and role of each person expected to attend the Conference; ■ The name and title of the person expected to attend with settlement authority' ■ A summary of claims; ■ An itemization of damages; ■ A discussion of liability and damages; and ■ The Plaintiff's settlement demand and explanation. Defendant: On or before 01/05/2011, the Defendant must provide to all opposing counsel, the Assigned Settlement Judge(s) (listed above) a Settlement Conference Statement. The Statement must include the following: ■ The name and role of each person expected to attend the Conference; ■ The name and title of the person expected to attend with settlement authority''-; ■ A summary of defenses; ■ Discussion of liability and damages; and ■ The Defendant's settlement offer and explanation. (B) Attendance of the Parties and Counsel; Settlement Authority; Insurance Unless excused by the Settlement Judge, all Parties must attend the Settlement Conference. The Lead Counsel who will try the case must appear at the Conference along with an individual who has authority to settle the case. Having a client with such authority available by telephone is generally not an acceptable alternative. The purpose of this requirement is to have a person present for each parry who can, in his or her discretion, settle the case during the Conference without consulting a superior. In order for the Settlement Conference to be successful, the Parties must have someone t The Court expects that either the named person, or, in the event of unforeseen events, a different person of equivalent organization rank will attend. 2 See note 1, supra. 2 Settlement Con Corence Order (S( -02 4 10) Case 4:1 0-cv-001 04-TCK~ C Document 29 Filed in USDC NDi on 10/15/10 Page 3 of 6 present at the Conference with Settlement Authority. This requires the following: ■ Corporation or other such entity. A corporation must be represented by a person (other than outside counsel) who is authorized to settle the case, can exercise independent negotiation and settlement judgment, and knows the facts of the case. ■ Government entity. A governmental unit or agency must be represented by a person who has, to the greatest extent feasible, authority to settle, and who knows the facts of the case, the governmental unit's positions, and the procedures and policies tinder which the governmental unit decides whether or not to accept a proposed settlement. In addition, the person attending the Conference on behalf of the government must, prior to the Conference, ascertain the ultimate decision-maker in the agency and ensure that that person is fully versed on the issues in the case. If the action is brought by the government on behalf of one or more individuals, at least one such individual must also attend. If the person attending the Settlement Conference does not have settlement authority this must be made clear to all Parties and the settlement judge before the Settlement Conference with an explanation as to why the person appearing lacks full authority and why the Settlement Conference should still go forward. If Board approval is required to authorize settlement, attendance of the entire Board is requested. The attendance of at least one sitting Board member (preferably the Chairman) is absolutely required. An insured party shall appear with a representative of the insurer who is authorized to negotiate and to settle the matter within policy limits. Counsel of record will be responsible for timely advising any involved non-parry insurance company of the requirements of this Order. II. GENERAL BACKGROUND ON THE COURT'S ADR PROGRAM (A) Assignment for Settlement Conference This case has been assigned for a Settlement Conference through the Court-sponsored Alternative Dispute Resolution (ADR) program. Specific requirements imposed by this Court are set forth in its Local Rules. See LCvR16.2. Counsel must familiarize themselves with the Local Rude and this Settlement Conference Order. More information on the Court's ADR program is contained in an excellent law journal article, Cheryl L. Baber, "Alternative Dispute Resolution in the United States District Court for the Norther District of Oklahoma," 3 6 Tulsa L. J. 819 [Summer 2001]. A link to the article is available on the Court's web site: http://www.oknd.Li.scourts. ov. (B) Confidentiality 3 settlement Conference Order (SC-n' 4 1(1) Case 4:10-cv-00104-TCK C Document 29 Filed in USDC ND t on 10/10/10 Page 4 of 6 All communications regarding the Settlement Conference are confidential. C0121n1un'catIO11S between the Parties may not be used for any purpose except, perhaps, in proceedings to enforce a settlement agreement. The terms of any settlement offer or response are confidential and may not be used for any purpose in the litigation. This is a fundamental concept of the Settlement Conference. Violation of this rule may result in a significant sanction by the Court. (C) Settlement Judge Your Settlement Conference will be held before either a United States Magistrate Judge or one of the Court's Adjunct Settlement Judges. LCvR16.2(c). Adjunct Settlement Judges are private attorneys who have been selected by the Court to serve on its panel of mediators based on their experience, demeanor and expertise. An Adjunct Settlement Judge should be treated with the same respect that parties and counsel afford a U.S. Magistrate Judge or other judicial officer. (D) Court Order This is an Order of the U.S. District Court. Failure to comply with the terms of this Order could subject a party or counsel to sanctions or even contempt proceedings. All Parties and Lead Counsel are ORDERED TO APPEAR at the Page Belcher Federal Courthouse, 333 West Fourth St., Courtroom # 2, Third Floor, Tulsa, OK, or at such other location as is noted herein, on the date and time set forth herein. The following are obligations of the Parties and Counsel and the Court's expectations with regard to the Conference. These obligations are mandatory. Failure to comply with this Settlement Conference Order may result in an award of sanctions against the non- compliant Party/Counsel. (E) Preparation All civil cases set on a trial docket in this District are scheduled for Settlement Conference. The vast majority of civil cases settle before trial. Therefore, Parties and Counsel need to prepare for the Settlement Conference as seriously as they prepare for trial. That means counsel must discuss the possible terms of a settlement with the client and engage opposing counsel in a discussion of the subject. It requires counsel to analyze and assess the reasonable settlement value of the case and to be prepared to explore these issues in detail at the Settlement Conference. Counsel must advise the Court should the case settle or is otherwise disposed of before the scheduled Settlement Conference. (F) Rescheduling a Settlement Conference Is Disfavored Settlement Conferences require the reservation of large blocks of time and scheduling adjustments by the Court and the Settlement Judge. The administrative burden of rescheduling a Conference is significant; thus, applications for the continuance of a Settlement Conference are discouraged. If it becomes apparent that the Conference as scheduled will likely be a waste of time, 4 Settlement Conference Order tSC-02 4 10) Case 4:10-cv-00104-TCK S Document 20 Filed in USDC ND , on 10115/10 Page 5 of 6 the attorneys must immediately notify Magistrate Judge Paul J. Cleary or the assigned Adjunct Settlement Judge so that appropriate action can be taken. This should be done well before the scheduled Conference. A Motion to reschedule a Conference for the convenience of any Party will ordinarily not be entertained unless the Motion is submitted to the Settlement Judge in writing at least seven (7) days prior to the Conference. Any such Motion must contain both a statement setting forth good cause for a continuance and a recitation of whether or not the continuance is opposed by any other party. NOTE: Parties and counsel are reminded that Settlement Conferences are scheduled separately from the trial judge's trial deadlines. Thus, if the trial schedule is amended, the Settlement Conference schedule is not automatically amended. Requests to revise the Settlement Conference schedule must be made separately from a request to amend the trial judge's Scheduling Order. III. PROCEDURE AT THE CONFERENCE Generally, the Settlement Conference will follow a typical mediation format. Each side will be given an opportunity to explain its view of the case. This will be followed by joint discussion and private caucuses. Among the issues the Parties should be prepared to discuss are their objective(s) in the litigation; any issues outside the lawsuit that need to be resolved; the strengths and weaknesses of the case; agreements and disagreements as to facts and law; impediments to settlement; available remedies; and any creative possibilities that might settle the case. The written Settlement Conference statements and oral statements made during the Settlement Conference may not be used for any purpose outside of the Conference or a proceeding to enforce a settlement agreement that is reached at the Conference. Therefore, Parties are encouraged to speak openly and frankly about the issues in the case. For many clients this will be their first experience with a Settlement Conference; therefore, counsel shall provide the client or insurance representative with a copy of this Order and the Court's ADR brochure (available at the Court's web site) and discuss tree Party's obligations before the Conference. The Court expects that both the lawyers and party representatives will be filly prepared to participate meaningfully in the process. IV. STRIKING A SETTLEMENT CONFERENCE IS RAREL Y DONE All civil cases filed in this District are expected to go through the settlement process. If the Parties believe that exceptional circumstances exist making a Settlement Conference inappropriate, they should file a Motion advising the assigned trial judge of these circumstances and requesting that 5 Sculemeni Coll lcrence Order (SC-02 4 10) Case 4:1 0-cv-00 1 04-TCK C Document 20 Piled in USDC ND; on 10/15/10 Page 6 of 6 the Conference be stricken. This must be done well before the scheduled Conference and the circumstances justifying such action must be truly exceptional. V. CONSEQUENCES OF NON-COMPLIANCE WITH THIS ORDER This is a Court Order. Upon certification by the Settlement Judge or Adjunct Settlement Judge of circumstances showing non-compliance with this Order the trial judge or the assigned Magistrate Judge may take any corrective action pennitted by law. Such action may include contempt proceedings and; or assessment of costs, expenses and attorney fees, together with any additional measures deemed by the Court to be appropriate tinder the circumstances. The Joint Unopposed Motion to Continue Settlement Conference [dkt 28] is hereby granted SO ORDERED this 15th day of October, 2010. FRANK H. I'V CA TH UN1TED STATES MAGISTRATE JUDGE 6 ScltlemuiL Cunrercnce Order B('-03 410)