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2019-01-28 Meeting Minutes

Click here for a printable version of January 28, 2019 Commissioner's Meeting Minutes.

January 28, 2019
The Board of County Commissioners of Creek County (BOCC) met in Regular Session on Monday, January 28, 2019 at 9:00 a.m., date and time duly posted.
Item #1: Meeting was called to order at 9:01 a.m. by Chairman, Leon Warner. Roll Call Warner present, Stephens present, and Whitehouse present.
Item #2: Statement of compliance with open meeting act-Chairman.
Item #3: Commissioner Warner led the Pledge of Allegiance and Stephens Invocation.
Item #4: Motion was made by Stephens and seconded by Whitehouse to approve the minutes of January 22, 2019. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #5: Motion was made by Stephens and seconded by Whitehouse to approve Blanket Purchase Orders #4232 - 4272; Purchase Orders #2018-2019 CASH VOUCHER 392, FUELMAN /FLEETCOR TECHNOLGIES, 23.47, FUEL; 393, CREEK CO COMMISSIONERS, 328.14, WORK COMP PREMIUM; 394, FUELMAN/FLEETCOR TECHNOLGIES, 49.25, FUEL; 395, Merrifield Office Supplies, 185.98, Supplies; 396, WACOM SYSTEMS, 158.00, EQUIPMENT; 397, WACOM SYSTEMS, 270.00, EQUIPMENT; 398, Merrifield Office Supplies, 321.72, Supplies; 399, Merrifield Office Supplies, 53.97, Supplies; 400, Michael Goldsworthy Or Anna Mitchell, 136.00, TAX CORRECTION; 401, THE ESTATE OF CHRISTOPHER FRANCIS SANFORD AFFIANT REBECCA RYAN, 4464.88, RECORD OWNER; CO BRIDGE & ROAD IMPROV FUND 17, FENSCO INC, 1729.76, Pipe; CO CLERK PRESERVATION FUND 43, CREEK CO COMMISSIONERS, 11.29, WORKCOMP PREMIUM; CO JAIL MAINTENANCE 571, CREEK CO COMMISSIONERS, 8553.71, WORK COMP PREMIUM; 572, ARROW MACHINERY COMPANY, 270.16, Repairs; 573, Midtown Auto & Diesel Repair Inc, 192.97, Parts & Labor; 574, 0 N G, 145.50, Utilities; 575, AIRCO SERVICE INC, 1330.67, Service Call; 576, Centerpoint Energy Service Inc, 780.11, Utilities; 577, AIRCO SERVICE INC, 585.00, Labor & Equipment; 578, COMMUNITY CARE, 517.53, INSURANCE PREMIUM; 579, Guardian, 14.12, INSURANCE PREMIUM; CO TREASURER MTG TAX 44, CREEK CO COMMISSIONERS, 111.27, WORK COMP PREMIUM; COUNTY IMPROVEMENTS 4, BOKF NA, 1375.00, FEES; COURT CLERK REV FUND 93, XEROX CORPORATION, 653.38, LEASE; E-911 PHASE II 43, OK COMMUNICATIONS SYSTEMS, 221.44, FEES; 44, Merrifield Office Supplies, 107.05, Supplies; 45, A T & T, 249.35, SERVICE; GENERAL 1787, OKLA BOARD OF TESTS FOR ALCOHOL, 84.00, RENEWAL FEES; 1788, SPECIAL-OPS UNIFORMS, 50.32, UNIFORMS; 1789, Midtown Auto & Diesel Repair Inc, 624.99, Parts & Labor; 1790, Safelite Fulfillment Inc, 79.98, Repairs; 1791, Auto Enhancers, 100.00, WINDOW TINT; 1792, Lifesavers Conference, 350.00, REGISTRATION; 1793, Safelite Fulfillment Inc, 84.97, Repairs; 1794, Midtown Auto & Diesel Repair Inc, 1924.02, Repairs; 1795, Brooks Jeffrey Marketing Inc, 260.00, OVERAGES ; 1796, DYNAMIC RECRUITING SPECIALIST, 640.46, TEMPORARY EMPLOYEE; 1797, STAPLES BUSINESS ADVANTAGE, 99.99, EQUIPMENT; 1798, OSU CO-OP EXT SERVICE, 11026.04, SALARY ; 1799, OSU BURSAR S OFFICE, 83.35, EQUIPMENT; 1800, A-1 Refuse, 18.00, TRASH SERV/OSU EXT; 1801, One Source, 50.00, MAINTENANCE AGREEMENT; 1802, PATRIOT SECURITY SYSTEMS INC, 15.00, MONITOR FEE; 1803, IMAGE NET CONSULTING LLC, 1136.78, STORAGE; 1804, OFFICE DEPOT, 159.99, EQUIPMENT; 1805, SAPULPA DAILY HERALD, 44.00, PUBLICATION; 1806, Merrifield Office Supplies, 96.25, Supplies; 1807, GREEN HILL FUNERAL HOME, 185.00, CREMATION; 1808, EMCO TERMITE/PEST CONTROL INC, 300.00, PEST CONTROL; 1809, Elder Water Consulting Inc, 165.00, CHEMICALS/SUPPLIES; 1810, SHOW INC., 300.00, SERVICE; 1811, Simply Scentsational, 140.00, AIR FRESHENERS; 1812, SAPULPA DAILY HERALD, 320.55, BOCC MINUTES; 1813, A T & T, 89.21, SERVICE; 1814, COX COMMUNICATIONS, 34.90, SERVICE; 1815, COX COMMUNICATIONS, 1078.56, SERVICE; 1816, Tulsa Connect, 599.40, SERVICE; 1817, A T & T, 135.30, SERVICE; 1818, CARZOR CORP, 70.00, Rent; 1819, SHOW INC., 30.00, RECYCLE SERVICE; 1820, FRAZIER, MARIAN, 25.00, CLERICAL SERVICES; 1821, COX COMMUNICATIONS, 34.90, SERVICE; 1822, OFFICE DEPOT, 170.71, Supplies; 1823, COMMUNITY CARE, 517.53, INSURANCE PREMIUM; HEALTH 283, WALMART CREDIT SERVICES, 26.69, Supplies; 284, XPRESS WELLNESS LLC, 300.00, Medical; 285, Green Country Shredding & Recycling, 60.00, SERVICE; 286, DOTCOM LEASING LLC, 445.00, LEASE PYMT; 287, ALERT 360, 104.00, Service Call; 288, VIP TECHNOLOGY, 57.50, LABOR; 289, Quality Inn, 60.89, LODGING; HIGHWAY 918, TULSA GAS & GEAR, 96.64, PARTS & SUPPLIES; 919, WALMART CREDIT SERVICES, 49.08, Supplies; 920, JOHN DEERE FINANCIAL, 517.03, PARTS & SUPPLIES; 921, EMCO TERMITE/PEST CONTROL INC, 65.00, PEST CONTROL; 922, A T & T, 240.81, SERVICE; 923, OTA PIKEPASS CENTER, 14.90, Tolls; 924, ADVANCED ELECTRICAL REBUILDERS, 250.00, Repairs; 925, HARBOR FREIGHT TOOLS, 119.98, Supplies; 926, EconSigns Llc, 808.15, SIGNS; 927, SMITH, KAREN, 43.30, REIMBURSEMENT; 928, A+Truck Rental, 350.00, RENTAL; 929, HI-LINE ELECTRICAL SUPPLY, 81.36, Supplies; 930, WALMART CREDIT SERVICES, 130.35, Supplies; 931, A T & T, 177.90, SERVICE; 932, CINTAS CORPORATION NO 2, 235.19, First Aid Supplies; 933, TotalSIR, 34.50, TESTING; 934, FUELMAN /FLEETCOR TECHNOLGIES, 259.95, FUEL; 935, A T & T, 27.99, SERVICE; HIGHWAY TAX 402, OTA PIKEPASS CENTER, 8.95, PIKE PASS FEE; 403, ATWOODS, 0.00, PARTS & SUPPLIES; 404, 0 G & E, 485.73,Utilities; 405, Fastenal, 113.07, PARTS & SUPPLIES; 406, QUAPAW COMPANY, THE, 16001.54, ROAD MATERIAL; 407, ETHRIDGE OIL,14116.17, FUEL; 408, QUAPAW COMPANY, THE, 9196.06, ROAD MATERIAL; 409, ETHRIDGE OIL, 13458.38, FUEL; JUVENILE JUSTICE CENTER 340, CREEK CO COMMISSIONERS, 4446.02, WORK COMP PREMIUM; 341, HILAND DAIRY FOODS,120.00, FOOD; 342, Lifesavers Conference, 350.00, REGISTRATION; 343, Merrifield Office Supplies, 99.52, Supplies; 344, A T & T, 180.97,SERVICE; PLANNING & URBAN DEVELOPMENT 23, STAPLES BUSINESS ADVANTAGE, 45.78, Supplies; SHERIFF BOARD OF PRISONERS 42, TIGER CORRECTIONAL, 5476.28, MEALS; 43, TIGER CORRECTIONAL, 5809.06, MEALS; SHERIFF SERVICE FEES 230, CREEK CO COMMISSIONERS, 84.88, WORKCOMP PREMIUM; 231, CREEK CO COMMISSIONERS, 79.99, WORK COMP PREMIUM; 232, OKLA BOARD OF TESTS FOR ALCOHOL, 24.00, CERTIFICATIONS; 233, TIGER CORRECTIONAL, 2217.93, Commissary items; 234, CREEK CO COMMISSIONERS, 333.80, WORKCOMP PREMIUM;WR 911 38, A T & T, 2235.96, SERVICE; 39, A T & T, 44.29, SERVICE; Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #6: NO DISCUSSION of new business. (In accordance with the Open Meetings 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 within 24 hours of this meeting.
Item #7: Motion was made by Stephens and seconded by Whitehouse to sign Resolution #2019-10 appointing Jimmie Naifeh as Trustee for District #1 of the Creek County Home Finance Authority and Resolution#2019-10A appointing to the Creek County Industrial Authority. Stephens stated he had spoken to Mr. Naifeh and he is excited to take the position. I have visited with him my concerns that there are not just industrial bylaws, but commercial as well. I expressed my desire to see more commercial take place here. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #12: Motion was made by Stephens and seconded by Whitehouse to sign Resolution #2019-11 setting a Public Hearing to add Lake Jackson Road in 12-16N-R11E in Creek County District #1 to the Official Creek County Road Maintenance Inventory on February 25, 2019. Stephens stated that this something we have been working on for some time. They have signed over the Right-of-ways and Andrew has reviewed. We are ready to move forward with the next steps. This is the last one in Lake Jackson area, it has been too much of a burden on the citizens and they shouldn't have to take that one. There are 22 parcels that it would affect and would be very beneficial to the county. Warner asked about the possibility of increased traffic, Stephens stated it already has a lot of traffic and would be fine. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #8: DISCUSSION ONLY/NO ACTION on discussion and possible action regarding the Creek County employee handbook. Items that were discussed 1. Compensatory time off for overtime discussed lowering the 240 hours to 120. There was discussion with Tandra McClellan, Payroll Clerk on the county policy verses the federal policy for police and fire. Bowling stated that he would like it to stay as it states now. 2. Military Leave was discussed with the county possibly making the individual whole for the time period of their deployment. Don Engle, Treasurer stated he would like to have a fund that all officials would contribute too, to help the offices make the individual whole. 3. Emergency Leave adding with the discretion of the elected official, Funeral Leave possibly changing to 1 day and then as needed up to three days with the elected officials approval and Education Leave providing lodging and meals for overnight stay, Board asked Jana Thomas to print the template from OSU Training on the Travel Program. 4. Leave without pay adding retirement benefits to clause. 5. Leave Sharing removing the 80 hours an employee must keep. 6. Fringe Benefits Health Care Insurance McClellan asked that there be language added that all full-time employees county will pay and all part-time employees working under 39 hours we offer at the cost to employee insurance. Also, adding that it is the employee's responsibility to provide payment to the County Clerk's office for any voluntary coverage, if there was some type of situation that they were separated from work for a period of time. 7. Vacation Leave clarifying the pro-rated accrued time for full-time employees, Part-time employees not eligible to receive vacation or sick leave. Also, defining a full time employee. 8. Sick Leave adding call before shift. 9. Employee Conduct Personal Appearance and Demeanor need to look at this and update. 9. Use of County Property need to visit and update to include renting facilities for personal use. 10. Fire Arms Newt will get in contact with ACCO for updates. 11. Substance Abuse Policy update with caution of language Leon will work with ACCO. 12. Employment Separation Mortazavi asked that upon separation employee must report to County Clerk's Office for an exit interview etc. 13. McClellan asked that we look at adding all part-time employees will receive a paper check with some instances that have happened with employees receiving more than what they earned due to missing days after payroll has been turned in on the 15th • 14. Smoke Free Policy look at adding county owned vehicles, Stephens stated we need to check the statutes first before adding language. 15. Voting changing the two hour timeframe to one hour to vote. 16. Hiring Procedures Mortazavi asked that the Human Resources be removed and add County Clerk's Office. 17. Creating a policy for how short-term and long-term works with regards to exhausting all available sick/vacation and comp-time before you can go on short-term. McClellan stated our HR has stated this is how we do it, but there is no policy that states this. Our Short-term Insurance carrier disagrees with how we currently handle this. Warner agreed. We have some research to do and bring back with the final language to then have the elected officials approve, no date set.
Item #9: Discussion and possible action to award Bid #19-16 four (4) ten-ton gas package units for fairgrounds. Warner stated it looks like Hoover and Hoover was the lowest bid. Paul Farris, Project Coordinator stated that there was no warranty submitted by Hoover and Hoover and he liked the 20 year warranty with Cartwright Heat & Air. Jana Thomas, Purchasing Agent stated that in my opinion when the scope of project changed, we should have scrapped the bid and started over. We have not had a fair competitive bid to this point, we have mixed bids. The installation was awarded in April for used units that the county owned and then the new bid was just for the equipment, no installation. The old bid stated install old units not new. Jonathan Keiffer stated that the old bid was to install 4 units and there has to be a warranty included with Trane. I can call to verify if the Board would like. Stephens stated that I cannot imagine there not being a warranty for the units. The question from Goforth is the current submitter a certified Trane installer. Keiffer stated he can call and verify that information. Warner asked about the SEER rating, Thomas stated we cannot take that into consideration as that was not solicited. Warner stated we are going to take a ten minute break, Jonathan call and find out the information and present to the Board. A motion was made by Warner and seconded by Whitehouse at 11: 20 to take a 10 minute break and return at 11: 30. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
A motion was made by Stephens and seconded by Whitehouse to call meeting back to order at 11: 39 a.m. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye. Goforth read the original bid specifications. It was a service to install units and the new bid is for equipment. There was a prebid meeting and on 5/14/18 the bid was awarded. The county is not paying anymore than they have already been approved for on installation. You have to look at the bids was the installation fairly bid. Warner stated that on the document there was no mention of a warranty. Goforth stated if the bid specs' didn't define it you cannot use it in the selection process. Keiffer stated that there is a warranty, Hoover and Hoover forgot to include that in the bid. Stephens reviewed the old bid information; the low bid included the installation of units. Keiffer stated that the awarded vendor stated that no matter who won the current bid Hoover and Hoover would still install the units. Stephens stated yes that's how I'm seeing it. There was discussion of the cost of the previous bid in the amount of $80,000.00 for installation; Keiffer stated we will not pay more than the $80,000.00 that was originally approved even with the new bid. There was discussion if they had to rebid the bid how that could impact the timeline of installation. Keiffer stated that on the original bid Hoover and Hoover was the only bidder for installation no one else bid, even when they had the opportunity. There was discussion of if they would have went with the old units and then discovered that they didn't work for some reason, we then decided to just upgrade them. Thomas stated I just don't feel like we gave a fair opportunity to the bidders across the board. Farris stated that there are a lot of companies that will not install old or used units due to customers wanting warranties. Thomas it is my opinion that this is not a change order, this is a change in the scope of project. Thomas asked if there was a gas supply to the units, Keiffer stated there is just gas to the building not the units. The Board stated they could not see an issue. Goforth went over basic provision of the law per Title 61 O.S. § 138. It doesn't matter that the services and equipment were bid separately under public construction. You have to ask yourself were they publicly bid competitively on the final product. Content of bid notices was read 61 O.S. § 105. Stephens asked if there were any legal reason that they should not award the bid. I believe we have done our due diligence, the process was done correctly, and we are using a change order and just replacing with new units. Goforth stated under the original bid option (I) was competitively bid and the equipment was bid correct, if the Board feels that option (I) covers new units then they can. Warner stated that no matter what happens today, Jana we want you to solicit things and keep us honest. We want you to keep us informed with issues. Thomas stated that I don't agree with the bid, but you guys have the ultimate decision not me. Motion was made by Stephens and seconded by Whitehouse to award Bid#19-16 (4) Ten-Ton Gas Package Units for Fairgrounds to Hoover and Hoover for $22,000.00. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #10: Motion was made by Whitehouse and seconded by Stephens to enter into an agreement between Oklahoma Turnpike Authority and District #3 for paving portions of roads that were damaged by the turnpike construction. Goforth stated this is the exact same contract as last week, just district #3. The Counties portion will be $49,000.00. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #11: Motion was made by Stephens and seconded by Warner to sign Resolution #2019-12 reappointing Fair Board members to serve as trustees for a three year terms as follows Jeff Gilbert, Darin Toliver and Pecos McNiel. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #12: Motion was made by Stephens and seconded by Warner to approve the Utility Permit from MBO Video per County Spec for fiber optic cable, size of cable 72 fiber, size of casing 1. 25" poly to cross W. 91st St. S. approximately .46 miles W. of S. 433rd W. Ave. and further described as 2500' W. of the S.E. corner of Section 20, T18N, RBE in District #2. Paul Farris stated that this was a bore and it has already been completed. There was discussion of why we are having these permits coming in after the fact. Farris and Stephens stated they have visited with several and hope that they know the correct process moving forward. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye. Public Comment: NONE
Adjournment: Motion was made by Warner and seconded by Stephens to adjourn at 12:18 a.m. and meet again 2-4-19. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.