BOARD OF COUNTY COMMISSIONERS

AMENDED

Regular Meeting Agenda

 

9:00 a.m.

September 26, 2012

320 Robert S. Kerr, Room 103

Oklahoma City, OK

 

 

1.               Call to order.

 

2.               Notice of the meeting was posted Friday, September 21, 2012.

 

3.               Prayer and Pledge of Allegiance.

 

4.               Approve the minutes of the meeting of Wednesday, September 19, 2012, 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 to approve Resolution No _________ commending Lynn Lerret for 22 years of dedicated service to the citizens of Oklahoma County.  Lynn is retiring on September 30, 2012.  Requested by Ray Vaughn, Chairman, Board of County Commissioners.  (Document Received)

 

6.               Discussion and possible action to receive a presentation from the OKC United Way Campaign and to authorize the Oklahoma County s United Way Campaign to begin on September 26, 2012, and conclude on October 31, 2012.   Each elected official and department is requested to provide the name of their coordinator to Leona Porter, Oklahoma County Campaign Coordinator, by September 28, 2012.   Request approval to provide OKC United Way with names and departments of Oklahoma County employees so the United Way pledge cards can be personalized.   Requested by Ray Vaughn, Chairman, Board of County Commissioners.

 

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 $16,193.43 for period ending September 18, 2012, pending notification of encumbrance to Donna Lovelace, County Treasurer's Office.   (Document Received)

 

8.         Approve Employee Benefit Trust Warrant No. 560764 through 561387 for Oklahoma County in the amount of $223,948.89 pending notification of encumbrance to Donna Lovelace, County Treasurer's Office.  (Document Received)

 

9.         Receive the following litigation:

 

            Case No. CJ-2012-3828 Judgment

Case No. CJ-2012-5770 Judgment

Case No. CJ-2012-5833 Petition to Quiet Title

Case No. CJ-2012-5820 Foreclose the Right to Reopen

Case No. CJ-2012-5671 Foreclosure

Case No. CIV-12-981-HE Civil Action Sheriff

Case No. CIV-12-981-HE Civil Action District Attorney

Case No. CIV-12-981-HE Civil Action Commissioner 1

Case No. CIV-12-981-HE Civil Action Commissioner 2

Case No. CIV-12-981-HE Civil Action Commissioner 3

 

10.       Monthly Report of Fees for the month of August, 2012.   (Document Received)

 

            County Assessor                                                         $1,267.00

 

County Sheriff                                                                        $1,120,103.73

 

11.       Approval of Transcript of Proceedings from the County Treasurer on the sale of county property, acquired at RE-SALE, described as follows:

 

WORLD MISSIONS UNLIMITED  08-974-9220; EDWARDS HEIGHTS ADDITION; LOT 024; BLOCK 016

WORLD MISSIONS UNLIMITED  08-986-5010; ROGER GIVENS SOUTHWEST ADDITION; LOTS 15 & 16; BLOCK 017                                                                                            

WORLD MISSIONS UNLIMITED  13-076-0509; COLLEGE PARK ADDITION; LOTS 27 & 28 EX S17FT; BLOCK 004

WORLD MISSIONS UNLIMITED  14-325-1075; DUNJEE PARK ADDITION; LOT 008; BLOCK 001

OK REHAB PROJECTS, LLC   13-072-2988; BRITTON HEIGHTS ADDITION; E15FT OF LOT 28;BLOCK 016

 

Authorize Chairman to execute County Re-Sale deeds conveying the above described real estate

transactions. Requested by Forrest  Butch  Freeman, County Treasurer. (Document Received)

 

End of Consent Docket

 

12.       Discussion and possible action to approve Resolution No. _________________ authorizing the Oklahoma County Finance Authority (herein the "Authority") to issue certain obligations to be loaned to Central Oklahoma United Methodist Retirement Facility, Inc. d/b/a (Epworth Villa) as are herein fully described as is required by the provisions of 60 O.S. Section 176(E); in one or more series to provide financing and/or refinancing of a total aggregate principal amount not to exceed Ninety Five Million Dollars ($95,000,000) on a taxable or tax-exempt basis for the acquisition, rehabilitation, remodeling, construction, development, and equipping of certain continuing care retirement community and facilities presently known as Epworth Villa consisting of independent living facilities, assisted living facilities, and skilled nursing facilities located at 14901 N. Pennsylvania Avenue, Oklahoma City, Oklahoma County, Oklahoma, which is at the southwest corner of the intersection of Pennsylvania Avenue and 150th Street; authorizing the signing off on the Tax Equity and Fiscal Responsibility Act ("TEFRA") hearing based on certification of designated representative with regard to the issuance of the obligations described herein; and waiving competitive bidding with respect to the sale of such obligations as is required by 60 O.S. 176(F); and approving all actions of the Authority taken on August 16, 2012, and September 17, 2012.   Requested by Kelly Work, General Counsel, Oklahoma County Finance Authority.  (Document Received)

 

District No. 1

 

13.       Discussion and possible action for approval of Right-of-Way, Public Utility and Encroachment Agreement between Oklahoma Department of Transportation and Oklahoma County for Project 1-2012-A, STP-155C(089)AG JP#29255(04), Resurfacing Britton Road between Indian Meridian and Triple X Road.  Requested by Willa Johnson, County Commissioner, District No. 1, and has been approved as to form and legality by Gretchen Crawford, Assistant District Attorney.   (Document Received)

 

14.      Discussion and possible action for the approval of a Mutual Cooperation Agreement between the City of Oklahoma City and Oklahoma County pursuant to Title 69, O.S.   603 and 1903 (B) to reconstruct, improve, repair, and maintain certain city streets in the City of Oklahoma City.  The City agrees to reimburse County in an amount not to exceed $100,000.00 for material costs for Project NO. PJ-OK-0137 - Bartel Road (NE 36th to NE 50th).   This Agreement shall become effective upon signature of both parties and shall terminate on June 30, 2013.  Requested by Willa Johnson, Commissioner, District No. 1, and approved as to form and legality by Gretchen Crawford, Assistant District Attorney.   (Document Received)

15.      Discussion and possible action for approval of a Mutual Cooperation Agreement between the City of Midwest City and Oklahoma County pursuant to Title 69 O.S.   1903B and Title 11 O.S.   36-113D; providing for the mill and overlay of Douglas Road from N.E. 23rd Street to N.E. 10th Street; County agrees to provide the cost for materials in an amount not exceed $245,858.03 for completion of the project.  Upon completion, the Municipality agrees to reimburse the County in an amount not to exceed $245,858.03 for materials.  This Agreement shall become effective upon approval of both parties and shall terminate on June 30, 2013.  Requested by Willa Johnson, Commissioner, District No. 1 and approved as to form and legality by Gretchen Crawford, Assistant District Attorney.  (Document Received)

 

16.       Discussion and possible action for approval of a Mutual Cooperation Agreement between Luther   Public Schools and Oklahoma County pursuant to Title 19 O.S.   339(16)  and Title 19 O.S.   359; providing for construction of a water detention and parking areas at Wilson Field.  County agrees to incur an amount not to exceed $11,860.49 for labor and equipment and to reimburse Highway Cash in said cost from District One General Fund.   School agrees to reimburse County an amount not to exceed $22,922.95 for materials.  This Agreement shall be effective upon signature of both parties and shall terminate on June 30, 2013.   Requested by Willa Johnson, Commissioner, District No. 1, and approved as to form and legality by Gretchen Crawford, Assistant District Attorney.  (Document Received)

 

District No. 2

 

17.       Discussion and possible action for approval of Engineering Claim from Pinnacle Consulting Management Group, Inc. to ODOT for Oklahoma County 2-2009-A, Bridge and Approaches on Harrah Road beginning at Junction SE 29th Street/SH-270 and extending South approximately 1.5 mile, District No. 2.  This claim is for the amount of $4,200.00 to be paid from County Improvement Road and Bridge Fund (CIRBF) held at ODOT.  Requested by Brian Maughan, County Commissioner, District No. 2.  (Document Received)

 

18.       Discussion and possible action to approve Agreement between Board of County Commissioners and Oklahoma City Public School District to construct asphalt playground pad at Hayes Elementary School.  Requested by Brian Maughan, County Commissioner, District No. 2, and has been approved as to form and legality by Sandra Howell-Elliott, Assistant District Attorney.   (Document Received)

 

19.       Discussion and possible action to approve Mutual Cooperation Agreement with Oklahoma State University-Oklahoma City and the Board of County Commissioners.  The University wished to call upon the County from time to time to use the County s equipment, labor and supplies to assist the University with parking areas, playgrounds, athletic fields, access roads, drainage areas, and other areas within the exclusive control or ownership of the University that require reconstruction, improvement, repair or maintenance.  Requested by Brian Maughan, County Commissioner, District No. 2, and has been approved as to form and legality by Gretchen Crawford, Assistant District Attorney.   (Document Received)

 

20.       Discussion and possible action to approve Mutual Cooperation Agreement with Oklahoma State University-Oklahoma City and the Board of County Commissioners.  Oklahoma State University-Oklahoma City has requested the county to construct a road on the property owned or controlled by the College, project not to exceed $91,331.52.  This Agreement shall commence on the date which this Agreement is to be executed by both parties and will continue through June 30, 2013.   Requested by Brian Maughan, County Commissioner, District No. 2, and has been approved as to form and legality by Gretchen Crawford, Assistant District Attorney.  (Document Received)

 

 

Engineering

 

21.       Discussion and possible action for acceptance of Easement and to submit ODOT claim for Oklahoma County Project 2-2009-A, Bridge and Approaches on Harrah Road beginning at Junction SE 29th Street/SH-270 and extending South approximately 1.5 mile. (Parcel 17) which is located in the Northeast Quarter of Section 23, Township 11 North, Range 01 East Indian Meridian, Oklahoma County, Oklahoma. (Complete legal descriptions hyperlinked).  This Easement is being granted to Oklahoma County by Elmis E. Crawford in the amount of $22,930.00 to be paid from CIRB Funds held at ODOT.  Requested by Stacey Trumbo, County Engineer, and has been approved as to form and legality by Gretchen Crawford, Assistant District Attorney.  (Document Received)

 

22.       Discussion and possible action for acceptance of Easement and Temporary Driveway Easement and to submit ODOT claim for Oklahoma County Project 2-2009-A, Bridge and Approaches on Harrah Road beginning at Junction SE 29th Street/SH-270 and extending South approximately 1.5 mile. (Parcel 25, 25.1) which is located in the Southeast Quarter of Section 14, Township 11 North, Range 01 East Indian Meridian, Oklahoma County, Oklahoma. (Complete legal descriptions hyperlinked).  And (Parcel 29, 29.1, 29.2) Easement, Channel Change Easement and Temporary Driveway Easement which is located in the Northeast Quarter of Section 14, Township 11 North, Range 01 East Indian Meridian, Oklahoma County, Oklahoma. This Easement is being granted to Oklahoma County by Tim Kusek and Holly Nicklas, as J.T. s, in the amount of $33,020.00 to be paid from CIRB Funds held at ODOT.  Requested by Stacey Trumbo, County Engineer, and has been approved as to form and legality by Gretchen Crawford, Assistant District Attorney.   (Document Received)

 

23.       Discussion and possible action for authorization of the Chairman to execute on behalf of Oklahoma County, Division Order Contract from Hulen Operating Company for the following described property:

 

Cole 24-1 SE   Section 24 and N   Section 25 T 14N-R 1E, Oklahoma County Oklahoma.

 

Requested by Stacey Trumbo, P.E., County Engineer.  (Document Received)

 

Sheriff

 

24.       Discussion and possible action to approve Addendum 5 to the Inmate Telecommunications Location Agreement between Pinnacle Public Services, LLC (Pinnacle) and Oklahoma County Sheriff s Office.  This Addendum 5 will add inmate electronic communications (video visitation and products) to this agreement upon the same terms and the conditions of the original agreement and all other addendums.  Requested by John Whetsel, Oklahoma County Sheriff, and approved as to form and legality by Aaron Etherington, Assistant District Attorney.   (Document Received)

 

Recurring Agenda Items:

 

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

 

26.       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)

 

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

 

28.       Department Heads and Deputies Comments/General Remarks:

 

29.       Commissioners Comments/General Remarks:

 

30.       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.

 

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

 

a. Pursuant to Title 25 O.S.   307(b)(4) for confidential communications with Board s attorney to discuss claims related to James Kalkbrenner v. Board of County Commissioners of Oklahoma County, Oklahoma, et al. Case no. CIV-12-155.

 

32.       Action regarding confidential communications with Board s attorney to discuss claims related to James Kalkbrenner v. Board of County Commissioners of Oklahoma County, Oklahoma, et al. Case no. CIV-12-155.

 

33.       Adjourn at __________ until 9:00 a.m., Monday, October 1, 2012.

 

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