BOARD OF COUNTY COMMISSIONERS

 

Regular Meeting Agenda

 

9:00 a.m.

Wednesday, January 14, 2009

320 Robert S. Kerr, Room 103

Oklahoma City, OK

 

 

1.                  Call to order.

 

2.                  Notice of the meeting was posted Friday, January 9, 2009.

 

3.                  Prayer and Pledge of Allegiance.

 

4.                  Approve the minutes of the meeting of January 2, 2009 and January 5, 2009, prepared by the County Clerk as authorized by statute (19 O.S. § 243, 244, and 445) subject to additions or corrections by the Board of County Commissioners.

 

5.                  Discussion and possible action for approval of Resolution No. __________ commending Jim Marshall for his service and dedication to Oklahoma County.  Requested by Commissioner Brian Maughan, District No. 2. (Document Received)

 

6.                  Discussion and possible action for approval of Resolution No. _________ reappointing John Albert Pettis as Trustee of the Oklahoma County Home Finance Authority. The term of Office expired May 5, 2008.  Requested by Commissioner Willa Johnson, District No. 1. (Document Received)

 

The following items, No. 7 through 11, are consent items and are routine in nature:

 

7.         Approve Workers’ Compensation claim payments from Consolidated Benefits Resources in the amount of $4,319.79 for period ending January 6, 2009, pending notification of encumbrance to Donna Lovelace, County Treasurer's Office.  (Document Received)

 

8.         Approve Employee Benefit Trust Warrant No. 459352 through 459482 for Oklahoma County in the amount of $199,765.63 pending notification of encumbrance to Donna Lovelace, County Treasurer's Office.  (Document Received)

 

9.         Receive canceled checks as follows:  (Document Received)

 

Elsa Carrion, Check No. 820111478, dated November 26, 2008, in the amount of $200.00, Check was reissued, Check No. 820111479.

 

Andrea S Paschall, Check No. 820111479 dated November 26, 2008, in the amount of $200.01, Check was reissued, Check No. 820111478.

 

10.       Receive Monthly Report of Fees for the month of December 2008:  (Documents Received)

 

               Juvenile Bureau                         $298,050.60

 

               Assessors Report of Officers                $    1,440.25

 

11.              Receive the following litigation:

 

                                    CJ-2008-11522: Order for Hearing, Application

 

                                    CJ-2009-43: Summons, Notice of Hearing

 

CJ-2009-059: Summons, Notice of Hearing on Petition to Vacate Certain Easement

 

End of Consent Docket

 

12.       Awards.  Tabulation of bids from the Central Purchasing Department with recommendation for selection of lowest and best bid:

 

CW09022 – Grocery Products

 

District Attorney

 

13.       Discussion and possible action to consider approving contract with EPIQ in regards to the Mosier V. Oklahoma County , ET AL. in Case No. CJ-2006-644.

 

District No. 1

 

14.       Discussion and possible action to accept the following easements: Parcel 11.0 (Perpetual Highway Easement), Parcel 11.1(Temporary Channel Easement), and Parcel 11.2 (Perpetual Utility Easement) from the Johnie A. Nolen and Lonzetta J. Nolen Revocable Trust for consideration in the amount of Two Hundred Twenty Thousand Dollars and No Cents ($220,000.00) as payment for the purchase of the below described parcels and any associated damages Requisition No(s) 10905745.  Capital Improvements District No. 1/ Special Road Projects/ Land (2020/1210/55060), contingent upon encumbrance of funds.  The easements are needed for construction of the Eastern Oklahoma County Turnpike Gate (Turner Turnpike) located near Triple X and Hogback Road, according to plans designated as J/P NO. 22924(04) aka SEC-115-OH17 (011) SG RW.  This perpetual highway and utility easements will be filed and recorded in the Oklahoma County Clerk’s Office.  The Temporary Channel Easement is not to be filed.  Requested by Commissioner Willa Johnson, District No. 1, and approved as to form and legality by Gretchen Crawford, Assistant District Attorney. 

 

                                    District No. 2

 

15.       Discussion and possible action to approve Mutual Cooperation Agreement between the City of Del City, and the Board of County Commissioners of Oklahoma County for the purpose of mill and overlay Breckenridge, Elm and Mallard with cost of $165,763.15 to the City of Del City.  Request by Commissioner Brian Maughan, District No. 2. (Documents Received)

 

District No. 3

 

16.       Discussion and possible action to received letter of withdrawal from the Local Elected Officials Consortium for Central Oklahoma, effective June 30, 2009, from Logan and Canadian counties.  Requested by Commissioner Ray Vaughn, District No. 3.

 

17.       Discussion and possible action to receive Oklahoma County Adult Detention Advisory Committee Initial Report to Oklahoma County Board of County Commissioners, Recommendations regarding Structural Modifications, New Construction and Accounting Transparency  Requested by Commissioner Ray Vaughn, District No. 3. (Document Received)

 

18.       Discussion and possible action regarding future assignments for the Oklahoma County Adult Detention Advisory Committee.  Requested by Commissioner Ray Vaughn, District No. 3.

 

19.       Discussion and possible approval of Resolution No. ___________ accepting a Petition for Establishing a Road Improvement District in Oklahoma County. This meeting constitutes as a public hearing and Protesters are welcome to comment.  This item is recommended for approval by Stacey Trumbo, PE, County Engineer.  (Documents Received)

 

Engineering

 

20.       Discussion and possible action for approval of the following Change Order No. 1 to Project No. 2-2008-A, Bridge Replacement over Choctaw Creek, BIA 850, CN 171, not to exceed $19,430.00.

 

Original Contract                                  $798,337.25

Previous Change Orders                       $0.00

Amount this Change Order                   $7,080.00 (61 O.S., Sec 121)

% Total Change Orders                        .88%

 

Requisition No.10905697 has been issued to K&R Builders, Inc. in the amount of $7,389.00 from Highway/ District No. 2/ Road & Bridge Vendor Contact (1110/9200/54169), contingent upon encumbrance of funds. This item is requested by Stacey Trumbo, PE, County Engineer and has been approved as to form and legality by John Jacobson, Assistant District Attorney.  (Document Received)

 

21.       Discussion and possible action for approval and acceptance of Donation Certificate of right-of-way to Oklahoma County, for Bridge Project 1-2005-F-BR, bridge and approaches over Choctaw Creek, 0.1 mile North of NE 10th Street on Anderson Road, Oklahoma County, Oklahoma.  This right-of-way is being donated to Oklahoma County by Ronald H. Earnest, Josie M. Earnest.  (Parcel No. 2) Requested by Stacey Trumbo, PE, County Engineer. (Document Received)

 

22.       Discussion and possible action for approval and acceptance of Donation Certificate of right-of-way to Oklahoma County, for Bridge Project 1-2005-F-BR, bridge and approaches over Choctaw Creek, 0.1 mile North of NE 10th Street on Anderson Road, Oklahoma County, Oklahoma.  This right-of-way is being donated to Oklahoma County by Choctaw Creek, LLC. (Parcel No. 3, 3.1, 4, 4.1 and 4.2)  Requested by Stacey Trumbo, PE, County Engineer. (Document Received)

 

23.       Discussion and possible action for approval and acceptance of Donation Certificate and Consent of Owners Right of Entry to Oklahoma County, for Bridge Project 1-2005-F-BR, bridge and approaches over Choctaw Creek, 0.1 mile North of NE 10th Street on Anderson Road, Oklahoma County, Oklahoma.  This right-of-way and right of entry is being donated to Oklahoma County by Donald R Earnest, Jean A Brackett and Jon T. Earnes.  (Parcel No. 1.0 & 1.1)  Requested by Stacey Trumbo, PE, County Engineer. (Document Received)

 

24.       Discussion and possible action for approval of Resolution No. ___________, requesting ODOT to encumber funds and Engineering Claim to ODOT for County Bridge and Road Improvement Fund (CBRIF) for Oklahoma County 1-2005-F-BR, BRF-155D-(568)CO, Anderson and NE 10th Street over Choctaw Creek in District No. 1 for right-of-way acquisitions.  This claim is for the amount of $5,070.00.  Requested by Stacey Trumbo, PE, County Engineer. (Document Received)

 

Oklahoma County Clerk

 

25.       Discussion and possible action to sign the General Release to receive payment in the amount of $3,854.16 from the settlement fund established between Metropolitan Life Insurance Company “MetLife” and the Office of the New York Attorney General as a result of their investigation into broker compensation matters related to the sale of group insurance. Requested by Carolynn Caudill, Oklahoma County Clerk.  (Documents Received)

 

Oklahoma County Sheriff

 

26.       Discussion and possible action to remedy the current problems with the UPS (uninterrupted power supply) system at the County Detention Center.  Requested by John Whetsel, Oklahoma County Sheriff, and approved as to form and legality by John M. Jacobsen, Assistant District Attorney.  (Document Received)

 

27.       Annual Sheriff’s Reports- Prisoner Boarding (1161.5110) and Commissary (1161.5111).  Reports show receipts and expenditures for the period of January 1, 2008 through December 31, 2008, pursuant to 19 O.S. 180.43 (A) and (D). Prisoner Boarding Report includes funds Facility Maintenance (1161.5108) and Inmate Food (1161.5146.). Requested by John Whetsel, Oklahoma County Sheriff.

 

Oklahoma County Planning Commission

 

28.       Discussion and possible action to receive notification that the Planning Commission held a public hearing and voted in an open meeting on December 18, 2008 to deny a Master Plan Amendment (MPA-2008-01) to the Oklahoma County Master Plan.  Requested by Tyler Gammon, Director, Planning Commission.  (Document Received)

 

29.       Discussion and possible action to approve or deny Resolution No _____ to amend the existing zoning from AA-Agricultural and Rural Residential District to Planned Unit Development (PUD 2008-01) on a tract of land described as follows, and as provided in Title 19 O.S., §868.16:  The Northwest Quarter (NW/4) of Section Nineteen (19), Township Fourteen (14) North, Range Three (3) West of the Indian Meridian, Oklahoma County, Oklahoma.  The Planning Commission voted to deny the request by majority vote and written protests against the amendment, signed and acknowledged by the owners of twenty percent (20%) of the frontage within one thousand (1,000) feet to the right or left of the frontage proposed to be changed, were filed with the County Planning Commission in accordance with Title 19§ 868.16 of Oklahoma Statutes. This amendment may not be passed except by the favorable vote of all members of the Board of County Commissioners. Requested by Tyler Gammon, Director, Planning Commission.  (Documents Received)

Purchasing

 

30.       Discussion and possible action to approve ITB CW09024-2 Highway Construction Service Contracts with, Atlas Paving Company, Wood & Sons Paving, Inc., Roadsafe Traffic Systems, Inc., Logan County Asphalt Co., Schwarz Paving Company, Inc. and TJ Campbell Construction Co. to cover contract performance period January 1, 2009 to June 30, 2009.  Requested by Jane Gaston, Purchasing Director (Documents Received)

 

Recurring Agenda Items:

 

31.       Approve all claims, list available for inspection in the office of the County Clerk, Room 201.  (Document Received)

 

32.       Discussion and possible action to approve Resolution No. __________ approving Blanket Purchase Orders as submitted by each department, list available for inspection in the office of the County Clerk, Room 201.  (Document Received)

 

33.       Citizen participation:  Any citizen wishing to address the Board of County Commissioners may do so at this time.

 

34.       Commissioner comments/general remarks:

 

35.       New business:  In accordance with the Open Meeting Act, Title 25 O.S. § 311.A.9, new business is defined as any matter not known about or which could not have been reasonably foreseen prior to the time of posting the agenda.

 

36.       Executive Session for the purpose of discussing the following:

 

a. Pursuant to 25 O.S. 2001 § 307.B.4, for confidential communications with Board’s Attorney to discuss Mosier V. Oklahoma County, ET AL. in Case No. CJ-2006-644 and settlement.

 

37.       Action regarding Mosier V. Oklahoma County, ET AL. in Case No. CJ-2006-644 and settlement.

 

38.       Opening of the following bids and/or Requests for Qualifications.  Any vendor wanting to review the bids or RFQs may see the Purchasing Agent immediately following this meeting.

 

CW09023 – Herbicides

 

39.       Adjourn at __________ until 9:00 a.m., Wednesday, January 21, 2009.

 

NAME OF PERSON REPORTING:  Carolynn Caudill, County Clerk

 

TITLE:  SECRETARY TO:  Board of County Commissioners

 

SIGNATURE: Carolynn Caudill, by:                                                                                             ­­­­­­­­­­ ­ 

                          County Clerk Deputy and Director of Clerks of the Board