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Date: 8/16/2012Board: City CommissionDocumentType: MinutesWeb Posted: 9/5/2012 4:07:44 PM
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BOARD OF CITY COMMISSIONERS
CITY OF SHAWNEE
SPECIAL CALLED SESSION
AUGUST 16, 2012

The Board of City Commissioners met in Special Called Session at the Shawnee Commission Chambers at Shawnee City Hall, 16 W. 9th, Shawnee, Oklahoma, Thursday, August 16, 2012 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Peterson presided and called the meeting to order. Upon roll call, the following members were in attendance.

Linda Peterson
Chairman

Pam Stephens Frank Sims
Commissioner Ward 1 Vice Mayor

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

Absent: None

The Call for said meeting was entered upon the records by the City Clerk, said Call being as follows:

NOTICE OF A CALLED SPECIAL SESSION OF THE BOARD OF CITY COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA

TO THE CITY COMMISSION OF THE CITY OF SHAWNEE, OKLAHOMA:

You and each of you are hereby notified that by virtue of a call issued by me on this 14th day of August, 2012, a Special Called Session will be held of the Board of Commissioners of the City of Shawnee, Oklahoma at the Shawnee Commission Chambers, 16 W. 9th, Shawnee, Oklahoma at 6:30 p.m. on August 16, 2012, and you are hereby notified to be present at said meeting.

The purpose of said meeting will be for discussion, consideration and possible action to contract with 501(c)(6) corporation, Shawnee Tourism, Inc., for administration of the proceeds of the Shawnee Hotel Surcharge and operation of a Convention and Visitor’s Bureau, discussion, consideration and possible action on such items as may be necessary to effect a transition from the contract with Shawnee Area Chamber of Commerce, consider an Executive Session for discussion and possible action on any litigation pending against the City of Shawnee by the Shawnee Area Chamber of Commerce as authorized by 25 O. S. §307 (B(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City, and consideration and possible action on matters discussed in Executive Session regarding any litigation pending against the City of Shawnee by the Shawnee Area Chamber of Commerce as authorized by 25 O. S. §307 (B(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City.

(SEAL)

ATTEST:

s/s Phyllis Loftis s/s Justin Erickson
PHYLLIS LOFTIS, CMC JUSTIN ERICKSON
CITY CLERK ACTING CITY MANAGER

STATE OF OKLAHOMA, COUNTY OF POTTAWATOMIE, SS.

I received this notice on the 14th day of August, 2012 at 4:13 o’clock p.m., and executed the same by delivering a true and correct copy thereof to each of the Commissioners of the City of Shawnee, Oklahoma as follows:

I delivered a true and correct copy to Mayor Linda Peterson
via e-mail at 4:41 o’clock p.m. on August 14, 2012

I delivered a true and correct copy to Commissioner Frank Sims
via e-mail at 4:50 o’clock p.m. on August 14, 2012

I delivered a true and correct copy to Commissioner John Winterringer
via e-mail at 9:59 o’clock p.m. on August 15, 2012

I delivered a true and correct copy to Commissioner Steve Smith
via e-mail at 4:13 o’clock p.m. on August 14, 2012 but no response was received

I delivered a true and correct copy to Commissioner James Harrod
via e-mail at 4:13 o’clock p.m. on August 14, 2012 but no response was received

I delivered a true and correct copy to Commissioner Pam Stephens
via e-mail at 4:13 o’clock p.m. on August 14, 2012 but no response was received

I delivered a true and correct copy to Commissioner Billy Collier
via e-mail at 6:46 o’clock p.m. on August 14, 2012



s/s Phyllis Loftis
City Clerk

CALL FOR SPECIAL SESSION OF THE SHAWNEE BOARD OF CITY COMMISSIONERS OF THE CITY OF SHAWNEE, OKLAHOMA TO BE HELD ON THE 16TH DAY OF AUGUST, 2012 AT 6:30 O’CLOCK P.M. AT THE SHAWNEE COMMISSION CHAMBERS, 16 W. NINTH, SHAWNEE, OKLAHOMA. THE PURPOSE OF SAID MEETING WILL BE FOR DISCUSSION, CONSIDERATION AND POSSIBLE ACTION TO CONTRACT WITH 501(C)(6) CORPORATION, SHAWNEE TOURISM, INC., FOR ADMINISTRATION OF THE PROCEEDS OF THE SHAWNEE HOTEL SURCHARGE AND OPERATION OF A CONVENTION AND VISITOR’S BUREAU, DISCUSSION, CONSIDERATION AND POSSIBLE ACTION ON SUCH ITEMS AS MAY BE NECESSARY TO EFFECT A TRANSITION FROM THE CONTRACT WITH SHAWNEE AREA CHAMBER OF COMMERCE, CONSIDER AN EXECUTIVE SESSION FOR DISCUSSION AND POSSIBLE ACTION ON ANY LITIGATION PENDING AGAINST THE CITY OF SHAWNEE BY THE SHAWNEE AREA CHAMBER OF COMMERCE AS AUTHORIZED BY 25 O. S. §307 (B(4) ON THE RECOMMENDATION OF COUNSEL THAT PUBLIC DISCUSSION WOULD IMPAIR THE ABILITY OF THE CITY ATTORNEY TO ADEQUATELY DEFEND THE CITY, AND CONSIDERATION AND POSSIBLE ACTION ON MATTERS DISCUSSED IN EXECUTIVE SESSION REGARDING ANY LITIGATION PENDING AGAINST THE CITY OF SHAWNEE BY THE SHAWNEE AREA CHAMBER OF COMMERCE AS AUTHORIZED BY 25 O. S. §307 (B(4) ON THE RECOMMENDATION OF COUNSEL THAT PUBLIC DISCUSSION WOULD IMPAIR THE ABILITY OF THE CITY ATTORNEY TO ADEQUATELY DEFEND THE CITY.

By virtue of the authority vested in me by Section 4, Article IV of the Charter of the City of Shawnee, Oklahoma, a Special Session of the Board of City Commissioners of the City of Shawnee, Oklahoma is hereby called to meet at the City Commission Chambers, 16 W. 9th, Shawnee, Oklahoma at 6:30 p.m. on August 16, 2012 for discussion, consideration and possible action to contract with 501(c)(6) corporation, Shawnee Tourism, Inc., for administration of the proceeds of the Shawnee Hotel Surcharge and operation of a Convention and Visitor’s Bureau, discussion, consideration and possible action on such items as may be necessary to effect a transition from the contract with Shawnee Area Chamber of Commerce, consider an Executive Session for discussion and possible action on any litigation pending against the City of Shawnee by the Shawnee Area Chamber of Commerce as authorized by 25 O. S. §307 (B(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City, and consideration and possible action on matters discussed in Executive Session regarding any litigation pending against the City of Shawnee by the Shawnee Area Chamber of Commerce as authorized by 25 O. S. §307 (B(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City.

Witness my hand this 14th day of August, 2012.

s/s Justin Erickson
JUSTIN ERICKSON
ACTING CITY MANAGER

(SEAL)

ATTEST:

s/s Phyllis Loftis
PHYLLIS LOFTIS, CMC, CITY CLERK



CALL TO ORDER:

DECLARATION OF A QUORUM

Roll was called with seven Commissioners present and a quorum was declared.

AGENDA ITEM NO. 1: Discussion, consideration and possible action to contract with 501(c)(6) corporation, Shawnee Tourism, Inc., for administration of the proceeds of the Shawnee Hotel Surcharge and operation of a Convention and Visitor’s Bureau.

A motion was made by Commissioner Sims, seconded by Commissioner Smith, defer this item until after Agenda Item No. 4 (Executive Session) Motion carried 6-1.

AYE: Sims, Smith, Stephens, Peterson, Collier, Winterringer
NAY: Harrod

AGENDA ITEM NO. 2: Discussion, consideration and possible action on such items as may be necessary to effect a transition from the contract with Shawnee Area Chamber of Commerce.

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to defer this item until after Agenda Item No. 4 (Executive Session) Motion carried 6-1

AYE: Sims, Collier, Smith, Stephens, Peterson, Winterringer
NAY: Harrod

AGENDA ITEM NO. 3: Consider an Executive Session for discussion and possible action on any litigation pending against the City of Shawnee by the Shawnee Area Chamber of Commerce as authorized by 25 O. S. §307 (B(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City.

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to enter into Executive Session. Motion carried 6-1.

AYE: Sims, Collier, Winterringer, Smith, Stephens, Peterson
NAY: Harrod

CITY COMMISSION ENTERS EXECUTIVE SESSION AT 6:37 P.M.

CITY COMMISSION RETURNS FROM EXECUTIVE SESSION AT 7:47 P.M.

AGENDA ITEM NO. 4: Consideration and possible action on matters discussed in Executive Session regarding any litigation pending against the City of Shawnee by the Shawnee Area Chamber of Commerce as authorized by 25 O. S. §307 (B(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City.

A motion was made by Commissioner Sims, seconded by Commissioner Harrod, to direct the City Attorney to proceed with actions as discussed in Executive Session. Motion carried 7-0.

AYE: Sims, Harrod, Peterson, Collier, Winterringer, Smith, Stephens
NAY: None

THE CITY COMMISSION NOW RETURNS TO AGENDA ITEMS 1 AND 2.

AGENDA ITEM NO. 1: Discussion, consideration and possible action to contract with 501(c)(6) corporation, Shawnee Tourism, Inc., for administration of the proceeds of the Shawnee Hotel Surcharge and operation of a Convention and Visitor’s Bureau.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to continue this item until the August 20, 2012 City Commission meeting. Motion carried 7-0.

AYE: Sims, Winterringer, Smith, Stephens, Harrod, Peterson, Collier
NAY: None

AGENDA ITEM NO. 2: Discussion, consideration and possible action on such items as may be necessary to effect a transition from the contract with Shawnee Area Chamber of Commerce.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to defer this item until the August 20, 2012 City Commission meeting. Motion carried 7-0.

AYE: Sims, Collier, Smith, Stephens, Peterson, Winterringer
NAY: Harrod

AGENDA ITEM NO. 5: ADJOURNMENT

There being no further business to come before the meeting, a motion was made by Commissioner Sims, seconded by Commissioner Smith, that the meeting be adjourned. Motion carried 7-0. (7:50 p.m.)

AYE: Sims, Smith, Stephens, Harrod, Peterson, Collier, Winterringer
NAY: None


LINDA PETERSON,MAYOR
(SEAL)

ATTEST:

_________________________
PHYLLIS LOFTIS, CMC
CITY CLERK

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