Monday, July 7, 2014
Kay County Courthouse
The Board of County Commissioners (BOCC) of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, July 7, 2014, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma. Notice of the meeting was posted for public information on July 3, 2014, at 8:40 a.m. at the Courthouse front door, Commissioners Court, and basement handicapped entrance of the Kay County Courthouse in Newkirk, Oklahoma.
Chairman Tyson Rowe called the meeting to order. Those present were as follows: Dee Schieber, Member; Jason Shanks, Member; Brian Hermanson, District Attorney; Carol Purdy, Kay County Assessor; Christy Kennedy, Kay County Treasurer; Everette Van Hoesen, Kay County Sheriff; Harold Hughs, Kay County Detention Center; Dennis Bonewell, Kay County Emergency Management Director; Cheryl Howard, Kay County Election Board; Larry Klumpp, OSU Extension; Ray Ball, Kaw Nation; Vance Johnson, Kay County Commissioner Dist#1 Elect; Scott Cloud, Newkirk Herald Journal; Sharon Rowen, Ponca City News; Tammy Reese, Secretary/Kay County Clerk. (See sign in sheet).
Chairman Tyson Rowe led the Flag Salute.
Motion was made by Shanks and seconded by Schieber approving regular meeting minutes of June 30, 2014 and special meeting minutes of June 1, 2014. Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Discussion regarding purchasing an ice machine for the DHS Building: BOCC talked about the different kinds of machines and the size needed to accommodate their needs.
County owned property: Treasurer Christy Kennedy noted she has advertised property for the past three weeks (out of resale account at a cost of less than $500) and there has been no interest. She mentioned she would like to have a commissioner’s sale on these properties. Commissioner Schieber questioned whether or not the BOCC could sell property because of statutory requirements involving commissioners that will not serve another term. DA Hermanson said he would review the statutes regarding this matter. Kennedy said if legal issues are okay she would sell the properties through a commissioner’s sale.
BOCC obtain (outside) counsel: Commissioner Rowe began by saying he wanted this item on the Agenda because the BOCC was under investigation and the District Attorney disqualified his office.
DA Hermanson explained a citizen filed a complaint; Hermanson said because I represent the county and the BOCC I had to recuse my office. He said he contacted the Attorney General’s (AG) office and the AG assigned District Attorney for District#4 Mike Fields. District Attorney Mike Fields called for an investigation. Hermanson said the law is clear regarding legal services and added this investigation could go in favor of the BOCC.
Rowe asked Hermason, “Should you not have told us if we did something wrong before calling for an investigation.”
Hermanson replied, “I don’t know if you have done something wrong and we don’t know the results and I did not call for an investigation.” He said there is no reason to change procedures at this time; it is a basic audit.
Rowe told the District Attorney if he couldn’t handle the day to day matters then don’t we need to have an attorney that can.
Hermanson said he was not recused on any matter but the one at hand and said he feels it’s premature for the county to seek outside counsel. If there is something criminal wrong then you would have to hire your own attorney.
Rowe asked Hermanson if a disgruntled citizen (he used a scenario) made a complaint then the BOCC could automatically be under investigation.
Hermanson went over the matter and said a request of documents was made several months ago, the person complaining presented a stack of documents, which the person complaining said it indicated bids were being split and from that point I recused. Hermanson told Rowe that what he was suggesting was inappropriate and statutorily inappropriate.
No action was taken to obtain independent (outside) counsel for the BOCC.
Jail Director Report: Harold Hughs, KCDC, presented a report noting 197 as the current head count, 54 arrested and released over the weekend and 106 for the week, 14 inmates sentenced to Department of Corrections (DOC) with DOC still pulling inmates, 13 inmates sentenced to county time, 11 contracts with BIA and Bridgeway and currently are holding one (1) inmates on writs (prison to court). Hughs also presented an Inmate Population Analysis.
Motion was made by Schieber and seconded by Shanks approving the following Juvenile Detention Services Agreement between BOCC and the following: Muskogee Youth Services, $23.27 a day per child. Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Motion was made by Shanks and seconded by Schieber approving Contract for Labor (Bid#2014-45 Janitorial Services-DHS Building). Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Motion was made by Shanks and seconded by Schieber approving Memorandum of Understanding for Cooperative and Continuing Regional Transportation Planning for Kay County and the Northern Oklahoma Rural Transportation Planning Organization (NORTPO) and the participating municipalities therein. Rowe and Schieber questioned Shanks about the counties involvement. DA Hermanson said he saw no problems with taking part in this agreement and pointed out there were no costs involved. Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
No action was taken on an Interlocal Agreement between Kay County and the City of Tonkawa (cooperative agreement with Bureau of Indian Affairs for the purpose of public safety and convenience) to reconstruct the county maintained portion of roadway with an asphalt surface. BOCC asked Reese to put back on the Agenda next week deleting all wording in parenthesis.
Roads and Bridge Projects/Circuit Engineering District (CED) No. 8 Road and Bridge Projects: Commissioner Rowe mentioned he put several thousands of dollars of road rock out, 44th Str. from Braman to Blackwell is opened, blading, mowing in Braman area and hauling sand. He talked about Southern Star project 29th to 156th (north & south) and noted signs and flag men were out.
Commissioner Schieber said crews are cleaning up debris from the 4th of July, hauling rock and working on the Pecan Road.
Commissioner Shanks stated crews are mowing roads, cutting trees, blading, hauling sand and patching 106 on Traders Bend.
Motion was made by Shanks and seconded by Schieber Tabling going out on bid for construction on Bridge 71, Dist#2. Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Motion was made by Schieber and seconded by Shanks approving the following Public Service/Pipeline Crossing Line Installations: EastOK Pipeline LLC-SW4/SW4 S28 T25N R2E ending NW4/NW4 S35 T25N R2E, Cowboy Hill Rd., Dist#1; EastOK Pipeline LLC-NE4 S22 T25N R2E ending NW4 S23 T25N R2E, Pleasant View Rd., Dist#1; EastOK Pipeline LLC-NW4/NE4 S34 T25N R2E ending NW4 NW4 S35 T25N R2E, Pleasant View Rd., Dist#1; Superior Pipeline Co., LLC-NW4/NW4 S28 T25N R2W ending SW4/SW4 S21 T25N R2W, White Eagle Rd., Dist#3. Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Motion was made by Schieber and seconded by Shanks noting the following Kay County Monthly Reports for June 2014: Treasurer. Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Motion was made by Schieber and seconded by Shanks revoking Res#14, 15-3 Workers’ Compensation Premiums. (The resolution read workers’ compensation premiums were to be reimbursed from various cash fund accounts within Kay County; FY 2014 BOCC approved general government account would be all premiums). Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Motion was made by Shanks and seconded by Schieber approving amending the following Resolutions (removing the Workers Compensation portion): Res#14, 15-6, Court Fund Salaries; Res#14, 15-7, Overtime Work for City/School Elections; Res#14, 15-8, Resale Fund Salaries. Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Motion was made by Shanks and seconded by Schieber approving the following Resolutions to Dispose of Equipment: Court Clerk, Pitney Bowes Postage Meter, going to use a different company. Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Motion was made by Schieber and seconded by Shanks approving the following Resolutions to Deposit Funds: Res#13, 14-256, Child Abuse Prevention-$36.80, Jury Service Donation; Res#14, 15-16, Highway Dist#3-$500.00, Public Service/Pipeline Crossing Line Installation; Res#14, 15-17, Highway Dist#3-$67,034.35, BIA 44th Street H3013-64 -$47,151.30; BIA Tonkawa Tribal Roads Reconstruction H3103-65-$15,585.80; BIA Pecan Road North H3103-98 BIA#A11AC00003 FY13-14-$4,297.25. Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Motion was made by Shanks and seconded by Schieber to approve the following Cash Fund Estimate of Needs & Request for Appropriations: Highway Dist#3-$500.00; Highway Dist#3-$67,034.35; Highway-$61.08, D#1-$20.36, D#2-$20.36, D#3-$20.36; County Clerk Lien Fee-$1,023.75; Preservation Fee-$5,440.00; Treasurer’s Mortgage Certification-$630.00; Child Abuse Prevention-$36.80. Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Motion was made by Schieber and seconded by Shanks approving the following Transfer of Appropriations: Highway Dist#3 Tonkawa Bridge Project-$42,765.39 to Maintenance & Operations (M&O) (Shanks questioned Rowe on transferring BIA monies into M&O). Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Motion was made by Shanks and seconded by Schieber approving Blanket Purchase Orders. Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Motion was made by Schieber and seconded by Shanks approving Maintenance & Operations claims. Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
FY 2013/2014 PURCHASE ORDERS:
2013-2014 Serv.Fee: 388, Take Ten Tire, 1276.41, Maintenance; County Sales Tax Fund: 1152, AT&T, 1255.00, Blanket For Monthly Internet; 1153, ABL Management, 25170.34, Meal Service; 1154, AT&T, 600.00, Phone; 1155, AT&T, 190.84, Monthly phone bill; 1156, Special-Ops Uniforms, 1440.00, Badge; 1157, City of Newkirk, 11188.55, Utility Bill; 1158, NWTC, 350.00, Training; 1159, Fuelman Of Oklahoma, 315.92, Fuel; 1160, Fuelman Of Oklahoma, 629.58, Fuel; 1161,
Southwest Paper, 216.68, Supplies; 1162, Houser Hardware, 364.51, Supplies; General: 2375, Bankers Credit Card Services, 498.00, Blanket for out of county; 2376, Page Plus, 169.25, Pager Service; 2377, Quality Water Service, 69.50, Water; 2378, Valero Short Stops, 322.57, Fuel; 2379, Lowes Companies Inc., 484.41, Supplies; 2380, Oklahoma State University, 293.97, Fuel; 2381, Southwest Business Products, 85.11, Supplies; Health: 506, Turf Surfers, 675.00, Lawn Care; 507, AT&T, 404.07, Monthly Phone Service; 508, Cintas Document Management, 34.98, Shredding;
509, Feaster, Amber, 22.40, Travel; 510, June Fetters, 89.60, Travel; 511, Ana Beets, 835.93, Travel; 512, Bobby Johnson, 91.84, Travel; 513, Sigrid Krause, 60.48, Travel; 514, Langdon, Emily, 223.77, Travel; 515, Tanya Pike, 68.32, Travel; 516, Fowler-Goins, Mary, 22.40, Travel; 517, Forman, Tammy, 22.40, Travel; 518, Lektron Industrial Supply Inc, 80.06, Bulbs; 519, Phil Howe Plumbing, 470.45, Repairs; 520, Cintas Document Management, 26.50, Shredding; Highway: 2174, Fastenal Industrial & Const Supplies, 18.35, Parts; 2175, Hats Auto Supply, 110.78, Blanket for parts; 2176, Johns Shale Pit, 193.00, Sand; 2177, Brandts, 130.53, Blanket for parts; 2178, Lampton Welding, 80.60, Blanket for parts; 2179, Blackwell Auto Parts, 199.66, Supplies; 2180, Rick's Service Center & Discount Tire, 175.00, Repairs; 2181, Owen Auto Supply, 222.37, Supplies; 2182, Hats Auto Supply, 44.49, Parts; 2183, Kelle Oil Company, 1654.37, Blanket
For Fuel; 2184, Jack Bowker Ford, 42332.10, Truck; 2185, Rural Water District #3, 41.21, Water Service; 2186, AMC Urgent Care Plus, 60.00, Drug screening; 2187, Sober Brothers, 4443.10, Rock; 2188, Don Caughlin, 6.00, Sand; 2189, Lowes Building Center, 77.11, Supplies;
2190, Inland Truck Parts & Service, 6996.60, Transmission Repairs; 2191, APAC-Central Inc, 4994.38, Rock; 2192, Unifirst Holdings Inc, 243.32, Uniform Service; 2193, Zee Medical, 365.85, Medical Supplies; 2194, Schieber, Dee, 138.88, Mileage; 2195, Sunbelt Equipment &
Supply, 2668.09, Beams; 2196, APAC-Central Inc, 3022.26, Rock; 2197, Galaxie Business, 56.50, Copier maintenance; 2014-2015 Lien Fee: 1, ACCO, 95.00, ACCO Conference; Reimburse: 1, ESRI, 400.00, Software; Serv.Fee: 1, Security Transport Services, 1684.85, Transports; 2, Galaxie Business, 130.00, Fax machine maintenance; 3, Bankers Credit Card Services, 391.80, Out Of County Expenses; General: 1, OTC Fund, 430.00, Registration; 2, IAAO, 30.00, Dues; 3, Secretary of State, 25.00, Notary fee; 4, AT&T, 249.84, U-Verse Internet; 5, County Assessors Association Of OK, 325.00, Annual dues; 6, Kellpro Computer, 2227.00, Antivirus; 7, National Sheriffs Association, 106.00, Membership dues; 8, Interact Public Safety Systems, 1683.22, Software Support; 9, Quality Water Service, 30.80, Water;10, Galaxie Business, 84.08, Copier contract;
Highway: 1, Kellpro Computer, 2468.60, Antivirus; 2, Empire Financial Services Inc, 1231.50, Lease Purchase Payment; 3, Security National Bank, 5610.64, Lease Purchase Payment; 4, Security National Bank, 4278.59, Lease Purchase Payment; 5, Welch State Bank, 987.52, Lease Purchase Payment; 6, Ponca City.Net, 108.00, Wireless Service; 7, Kellpro Computer, 1823.80, Software Licenses; 8, ACCO, 130.00, Registration; 9, Kellpro Computer, 2566.60, Software; 10, USDA-APHIS-WS, 800.00, Predator & Rodent Service; 11, OK Natural Gas, 88.15, Monthly gas bill; 12, OK Dept of Ag, Food & Forestry, 800.00, Predator & Rodent Service; 13, RCB Bank, 1814.15, Lease Purchase Payment; 14, SNB NA, 1704.06, Lease Purchase Payment; 15, John Deere Financial, 7461.15, Lease Purchase Payment; 16, John Deere Financial, 1502.61, Lease Purchase Payment; 17, John Deere Financial, 1381.36, Lease Purchase Payment; 18, ACCO, 95.00, Registration; 19, Total Com Inc., 250.00, Dispatch service; 20, John Deere Financial, 352.96, Parts
Details’ concerning the above listed purchase orders/claims are available in the County Clerk’s Office. All records are open to the public, and any person may examine same during regular office hours.
New Business [As per 1991 O.S. 25§311.A.9-‘New Business’, as used herein, shall mean any matter not known about or which could not have been reasonably foreseen prior to the time of posting. None.
There being no other business, motion was made by Shanks and seconded by Schieber to adjourn, 10:01 a.m. Motion carried: Rowe, aye; Schieber, aye; Shanks, aye.
Approved this 14th day of July, 2014.
TYSON ROWE, CHAIRMAN
JASON SHANKS, MEMBER
DEE SCHIEBER, MEMBER
TAMMY REESE, COUNTY CLERK
COUNTY OF KAY, STATE OF OKLAHOMA
SECRETARY, BOARD OF COUNTY COMMISSIONERS