Monday, October 27, 2014

Kay County Courthouse

Newkirk, OK

 

 

The Board of County Commissioners (BOCC) of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, October 27, 2014, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on October 24, 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 (DA); Carol Purdy, Kay County Assessor; Christy Kennedy, Kay County Treasurer; Everette Van Hoesen, Kay County Sheriff; Don Jones, Kay County Detention Center Director (KCDCD); Cheryl Howard, Kay County Election Board Secretary; Larry Klumpp, OSU Extension Agent; Vance Johnson, Kay County Commissioner District No. 1 Elect; Jeff Kubik, Newkirk; Rick Buellesfeld, Blackwell; Cindi Klumpp, Ponca City; David Cummings, Baumert Cummings Hiatt Law Firm; Mayor Homer Nicholson, Ponca City; City Manager Craig Stephenson, Ponca City; Bill and Claude Williams, Taxpayers for Transparency; 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 October 20, 2014 and special meeting minutes of October 22, 2014.   Motion carried:  Rowe, aye on regular meeting minutes & abstained on the special meeting minutes; Schieber, aye; Shanks, aye.

 

Jail Director Report:  Don Jones, KCDCD, presented a report noting 205 as the current head count, 46 arrested and released over the weekend and 112 for the week, 12 inmates sentenced to Department of Corrections (DOC) 12 inmates sentenced to county time, four (4) contracts with BIA and Bridgeway and currently are holding four (4) inmates on writs (prison to court).  He also presented an Inmate Population Anaylsis.  Jones said 175 inmates are pre-trail and 26 are sentenced.  He told he has 20 inmates working inside/outside of the jail working approximately 40,000 labor hours per month.

 

Motion was made by Schieber and seconded by Shanks approving Full Service Maintenance Agreement for the Kay County Health Dept.  DA Hermanson noted to the BOCC that this is a month-to-month renewal and normally he prefers to shy away from anything with an automatic renewal.  Shanks said the county could cancel at any time.  Motion carried:  Rowe, aye; Schieber, aye; Shanks, aye.

 

Trust Indenture and the creation and accepting beneficial interest in the Kay County Exposition Authority, including appointment of Trustees thereto and a Resolution No. 14, 15-78 creating a Trust Indenture:  David Cummings said this topic has been under consideration for several months and now ready to form trust.  He said this trust would be handled like the Justice Facilities Authority.  Cummings said five citizens have been named to serve:  Trustor-Commissioner Dee Schieber; Trustees:  Jeff Kubik, Rick Buellesfeld, Scott Haywood, John Spore and Cindie Klumpp.  He said this was being created under Title 60; he said by-laws would need to be passed and indicated there were no funds at this point.  Cummings said the county clerk would be designated as the secretary/treasurer.

 

DA Hermanson noted Commissioners Schieber and Rowe cannot spend any money or create indebtedness because they will be going out of office (T19 §333.B) and for this reason they may only expend or approve expenditures of monies for normal or routine operating expenditures.  He told BOCC he worried about them doing this because it would not be binding to the county but to them as an individual and BOCC could become liable for any money expended or debt created.  Hermanson said he does not have a problem with appointing the trustees but he is very concerned about spending money, contract, etc. and said this indenture is very broad.  He also believes this will have to be done over in January when two new commissioners are sworn in office.

 

Attorney David Cummings said he disagrees with Hermanson stating this Trust Indenture will not have to be redone.  He said the trustees will not spend money, cannot spend money and will not do so.

 

Hermanson again told the BOCC he does not have a problem with the appointment of trustees.  He said he has concerns with the language because it is broad and causes him concerns.

 

Motion was made by Schieber and seconded by Shanks (with no money being spent) approving Trust Indenture and the creation and accepting beneficial interest in the Kay County Exposition Authority, including appointment of Trustees thereto and a Resolution creating a Trust Indenture.  Motion carried:  Rowe, aye; Schieber, aye; Shanks, aye.

 

Motion was made by Schieber and seconded by Shanks approving entering into a special meeting with the Kay County Public Buildings Authority (9:24 a.m.).  Motion carried:  Rowe, aye; Schieber, aye; Shanks, aye.

 

Motion was made by Schieber and seconded by Shanks approving to reconvene to the regular meeting of the BOCC (10:34 a.m.).   Motion carried:  Rowe, aye; Schieber, aye; Shanks, aye.

 

Basement floor problems and French drain issues at the Courthouse:  Larry Klumpp, OSU Extension Office, said because of the floor not be level it is causing an expecting employee back problems.  Commissioners Schieber and Rowe both said they would address the problem and make some phone calls. 

 

Division Order-Operator:  Red Ford (USA) Investments, Inc., Property Number:  5117, Property Name:  Axel 1-22H, Property Description:  Section 22-T25N-R2E:  DA Hermanson said this Division Order is trying to set up a drilling area and he recommended to the BOCC not to sign.  He said it would go to the Corporation Commission. 

 

No action was taken on Division Order-Operator:  Red Ford (USA) Investments, Inc., Property Number:  5117, Property Name:  Axel 1-22H, Property Description:  Section 22-T25N-R2E. 

 

No action was taken on authorizing Requisitioning, Receiving and Inventory Officers for Kay County Free Fair Account because an Inventory Officer was not named.

 

Roads and Bridge Projects/Circuit Engineering District (CED) No. 8 Road and Bridge Projects:  Commissioner Rowe said work continues south of Braman on Fork Rd., working on two bridges on 44th Str., Chrysler, tearing out bridges on 44th and 44th will be closed from Chrysler to Coleman Rd. for approximately three weeks and will be taking out trees.  He noted he would be attending a State CED meeting on Wednesday.

 

Commissioner Schieber reported crews are blading, mowing and hauling rock for the corp to hunting and fishing areas around the lake.               

 

Commissioner Shanks said his crews are blading, mowing and hauling rock for the corp.  He said River Ridge is working on Bridge 43 running concrete piles.  Shanks indicated Bridge 71 was opened this past Friday.

 

Motion was made by Schieber and seconded by Shanks approving the following Public Service/Pipeline Crossing Line Installations:  Range Resources Corporation, SE4/SW4 S32 T28N R1E ending NE4/NW4 S5 T27N R1E, W. Canteen Rd., Saltwater, D#1 & 3; Range Resources Corporation, SE4/SW4 S32 T28N R1E ending NE4/NW4 S5 T27N R1E, W. Canteen Rd., Gas D#1 & 3; Range Resources Corporation, SE4/SE4 S5 T27N R1E ending SW4/SW4 S4 T27N R1E, N. “R” Str., Saltwater, D#3; Range Resources Corporation, SE4/SE4 S5 T27N R1E ending SW4/SW4 S4 T27N R1E, N. “R” Str., Gas, D#3; Range Resources Corporation, SE4/SW4 S4 T27M R1E ending NE4/NW4 S9 T27N R1E, W. Brake Rd., Saltwater, D#3; Range Resources Corporation, SE4/SW4 S4 T27M R1E ending NE4/NW4 S9 T27N R1E, W. Brake Rd., Gas, D#3.  Motion carried:  Rowe, aye; Schieber, aye; Shanks, aye.

 

Motion was made by Schieber and seconded by Shanks approving Resolution No. 14, 15-75, Designating Official Board Member to Circuit Engineering District No. 8 as follows:  Vance Johnson, Official Board Member, Jason Shanks, First Alternate.  Motion carried:  Rowe, aye; Schieber, aye; Shanks, aye.

 

Motion was made by Schieber and seconded by Shanks rescinding motion approving Resolution No. 14, 15-75, Designating Official Board Member to Circuit Engineering District No. 8 as follows:  Vance Johnson, Official Board Member, Jason Shanks, First Alternate.  Motion carried:  Rowe, aye; Schieber, aye; Shanks, aye.

 

Motion was made by Schieber and seconded by Shanks approving Resolution No. 14, 15-75, Designating Official Board Member to Circuit Engineering District No. 8 as follows:  Vance Johnson, Official Board Member, Jason Shanks, First Alternate and Paul Skidmore, Second Alternate effective January 2015.  Motion carried:  Rowe, aye; Schieber, aye; Shanks, aye.

 

Motion was made by Shanks and seconded by Schieber approving the following Resolutions to Deposit Funds:  Res#14, 15-74, Highway Dist#1-$1,898.00, sale of scrap iron & pipe; Res#14, 15-76, Highway Dist#1-$500.00; Dist#3-$2,500.00,  Six (6) Public Service/Pipeline Crossing Line Installations.  Motion carried:  Rowe, aye; Schieber, aye; Shanks, aye.   

 

Motion was made by Schieber and seconded by Shanks approving the following Cash Fund Estimate of Needs & Request for Appropriations:  Highway Dist#1-$1,898.00; Highway Dist. -$3,000.00, D#1-$500.00; D#3-$2,500.00.  Motion carried:  Rowe, aye; Schieber, aye; Shanks, aye. 

 

Motion was made by Shanks and seconded by Schieber approving the following Transfer of Appropriations:    Highway Dist#3 H3103-64 to CBRI C4000-20 (approved 10-20-14) noting with letter of explanation of Fiscal Year error; CBRI C4000-20 -$80,000.00 to Highway Dist#3 H3103-51; Highway Dist#3-$6,200.00 to ETR Bridge Account; Highway Dist#3 44th Street Reconstruction-$19,126.16 to ETR Bridge Account; Highway Dist#2 Maintenance & Operations-$35,000.00 to Highway Blacktop; County Sales Tax-$7,000.00 Personal Service to Part Time.   Motion carried:  Rowe, aye; Schieber, aye; Shanks, aye. 

 

There were no unscheduled public appearances made.

 

Motion was made by Schieber and seconded by Shanks approving Payroll with warrants to be released on October 30, 2014.  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 2014/2015 PURCHASE ORDERS:

                2014-2015 Preservation Fee: 2, Midwest Printing, 7444.19, Microfilm processing; Serv.Fee: 112, Leach Paper Co., 169.25, Cleaning supplies; 113, Youth Services Of Osage County Inc, 2975.50, Juvenile Detention; 114,

                McDonald Computer Services LLC, 619.55, Computer Services; 115, Wathor, Jessica, 152.88, Mileage; 116, LiveView GPS Inc, 497.90, GPS Unit; 117, LiveView GPS Inc, 213.05, Subscription; County Bridge & Road Improvement: 5, G & C CONCRETE CO, 3000.00, Concrete;              County Sales Tax Fund: 399, Kay Office Equipment, 202.47, Maintenance Agree.; 400, Quality Water Service, 376.25, Water; 401, Advanced Tactical Ordnance Systems LLC, PepperBal, 395.00, Training conference; 402, A+Printing, 360.00, Office Supplies; 403, Bob Barker Co,

                11145.74, Supplies; 404, Cooks Direct, 252.85, Supplies; 405, Galls, 678.47, Supplies; 406, Midwest Electric Supply, 356.27, Supplies; 407, OK Natural Gas, 1153.71, Utility Bill; 408, Safelite Auto Glass, 479.70, Repairs/Parts/Labor; 409, McDonald Computer Services LLC, 458.60, Repairs/Parts/Labor; General: 714, Eastern Okla Youth Services, 697.50, Juvenile Detention; 715, Canadian County Juvenile Center, 74.80, Blanket For Juvenile Detentions; 716, Southwest Business Products, 154.06, Blanket For Supplies; 717, Walmart Community, 129.67, Blanket For Supplies; 718, Galaxie Business, 74.88, Blanket For Copier Maintenance; 719, Fleetcor Technologies, 1861.53, Blanket For Fuel; 720, Kay Office Equipment, 11.60, Maintenance; 721, Trout Funeral Home, 500.00, Charity burial; 722, OK State Auditor & Inspector, 18259.27, Professional services; 723, Newkirk Mini-Storage, 400.00, Rental; 724, Cline, Holly L, 173.64, Travel; 725, Duroy, Tiffany Ann, 156.24, Travel; 726, Reese, Tammy J., 123.20, Travel;

                Health: 127, Staples, 137.59, Supplies; 128, Laboratory Associates, 720.00, Testing; 129, Mail Finance, 313.11, Postage Equip Rental; 130, Language Line Services, 330.62, Monthly Language Line Srv; 131, Bank Of The West, 7960.13, Loan Payment; 132, Cintas Document Management, 26.50, Shredding; 133, Cintas Document Management, 29.68, Shredding; 134, OK Natural Gas, 109.29, Billing; 135, Oklahoma State Department Of Health, 58333.33, Payroll; 136, Ponca City Utility Authority, 1702.95, Billing; 137, Southwest Business Products, 339.50,

                Copy Paper; Highway: 639, Quality Water Service, 25.75, Water; 640, AT&T, 192.49, Long Distance Service; 641, AT&T, 138.70, Telephone Service; 642, G & C CONCRETE CO, 2700.00, Concrete; 643, Take Ten Tire, 52.49, Tire repair

 

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.

 

No action was taken on the opening of Bid#2014-48, Sale of Land.

 

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 Schieber and seconded by Shanks to adjourn, 10:10 a.m.  Motion carried:  Rowe, aye; Schieber, aye; Shanks, aye.

 

 

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Approved this 3rd day of November, 2014.

 

                           _____________________________

                 TYSON ROWE, CHAIRMAN

                                        

                                                              _____________________________

                 JASON SHANKS, MEMBER

              

                _____________________________

     DEE SCHIEBER, MEMBER

 

 

ATTEST:

_________________________________

TAMMY REESE, COUNTY CLERK

COUNTY OF KAY, STATE OF OKLAHOMA

SECRETARY, BOARD OF COUNTY COMMISSIONERS

(SEAL)

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