MINUTES OF REGULAR SCHEDULED MEETING OF THE BOARD OF

      COUNTY COMMISSIONERS, ROGERS COUNTY COURTHOUSE, 219

                  SOUTH MISSOURI, COMMISSIONER’S MEETING ROOM 1-109,

                  CLAREMORE, OKLAHOMA, MONDAY, JUNE 30, 2008, AT

                  9:00 O’CLOCK A.M.

_________________________________________________________________________________

Notice of said meeting was filed in the Office of the County Clerk on Thursday, June 26, 2008, at

3:56 P.M. and posted on the Courthouse Bulletin Board; Outside the Commissioner’s Meeting Room;

on the Exterior Window at the Southeast Entrance and Front Entrance to the Courthouse and on the

Wheelchair Ramp Door.

 

ITEM 1:            CALL TO ORDER:                                                                                         

                                    Chairman Dan DeLozier called the meeting to order at 9:02 A.M.                                                                       

ITEM 2:            ROLL CALL:

                                    Chairman Dan DeLozier, Commissioner Mike Helm and Commissioner Kirt Thacker were all present.

 

ITEM 3:            FLAG SALUTE:

                                    Commissioner Helm led the salute and Pledge of Allegiance to the American Flag.

 

ITEM 4:            PRAYER:

                                    Commissioner Thacker said a prayer.

 

ITEM 5:            APPROVAL OF MINUTES: June 23, 2008

                                    Commissioner Helm made a motion to approve the minutes from June 23, 2008, as presented.  Chairman DeLozier seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

 

ITEM 6:            UNFINISHED BUSINESS:

1.       Award Bid #482 – Hydraulic Excavator for District #1 –

Chairman DeLozier stated that he had reviewed the bids and they were pretty

close.  Chairman DeLozier made a motion to award the bid to the lowest bidder of Keystone Equipment on a new 2008 John Deere 200DLC Excavator for $143,492.00.  Commissioner Helm seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

 

ITEM 7:            ZONING:   None presented.

 

ITEM 8:            PLATS: None presented.

 

ITEM 9:            ROADS AND BRIDGES:

                           1.   Approve/disapprove Resolution #2008-38 for lease renewals for equipment that is being leased through the County Road Machinery and Equipment Revolving Fund for fiscal year 2009 on Agreement Number 662001, ODOT Number 99-2022; Agreement Number 662002, ODOT Number 99-2023; Agreement Number 66203, ODOT Number 99-2028 on John Deere loader/backhoe, sn#T0310SG957403; John Deere/hydraulic excavator, sn#507662 and John Deere Wheel Tractor, sn#L06615A479539 with hydraulic boom mower, sn#2926, be it resolved that the aforesaid Lease-Purchase Agreements be and are hereby renewed for the period of one year commencing on July 1, 2008 and ending on June 30, 2009 –

                                    Commissioner Helm made a motion to approve.  Commissioner Thacker seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

                           2.   Discussion with possible action on Approval of Resolution #2008-39 to vacate the portion of EW/445 county road and the easement granted from A. M. Huffman and Beatrice Huffman, husband and wife, and J. Dovel Moore and Tommie Moore, husband and wife, to Rogers County, Oklahoma, as to that tract, piece and parcel of land more particularly described as follows:

“A tract of land located in the E/2 of the SW/4 of the NE/4 of Section 23, Township 22 North, Range 16 East of the I.B.&M., according to the U.S. Government Survey thereof; Rogers County, State of Oklahoma, being more particularly described as follows:

The East 578.15 feet of the South 25.00 feet of the E/2 of the SW/4 of the NE/4 of Section 23, Township 22 North, Range 16 East of the I.B.&M., Rogers County, Oklahoma”.

                                    Chairman DeLozier stated that he discussed this item with Assistant District Attorney, Barry Farbro, and Farbro had given his approval.  Chairman DeLozier made a motion to approve.  Commissioner Thacker seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

 

ITEM 10:          CASH FUND ESTIMATE OF NEEDS AND REQUEST FOR APPROPRIATIONS:

1.       005 Use Tax - $43,628.97

2.       101 Unrestricted Highway - $592,588.74

3.       141 Cellular Phone Usage - $20,606.77

4.       142 E-911 - $13,539.19

 

Page 2

Commissioner’s Proceedings

June 30, 2008

 

5.       145 Attendant Care - $885.00

Commissioner Helm made a motion to approve Items 1 thru 5 under cash

fund estimate of needs as presented.  Commissioner Thacker seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

 

ITEM 11:          TRANSFER OF FUNDS:

1.       District #2 One Cent Capital Outlay to M&O - $100,000.00

2.       Free Fair M&O to capital outlay - $33,685.00

Commissioner Helm made a motion to approve Items 1 & 2 under transfer of

funds as presented.  Chairman DeLozier seconded the motion. Roll Call: DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

 

ITEM 12:          UTILITY PERMITS:

                           1.   Rural Water District #5, Mayes County – boring county road NS/4270 lying between Sections 20 & 21 of Township 24 North, Range 18 East of the I.B.&M., Rogers County, Oklahoma, in District #1 -

                                    Chairman DeLozier made a motion to approve the utility permit as presented since it was boring only.  Commissioner Thacker seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

 

ITEM 13:          CLAIMS:

1.       Salaries – None presented.

2.       Attendant Care – None presented.

 

ITEM 14:          BLANKET PURCHASE ORDERS:

1.       Materials, Supplies, Parts, Groceries & Prescriptions –

District #1: County Building Center, $100.00; and R & S Auto Parts,

Chelsea, $600.00; District #2: Kirby Smith Machinery, Inc., $3200.00; Sheriff’s Jail Board of Prisoners: Bimbo Bakeries, $1200.00; Farmers Bros. Coffee, $600.00; Sysco Foods, $2200.00; Sysco Foods, $6500.00; Warehouse Market, $250.00; Sheriff’s Jail medical: PHS Mobile X-Ray, $600.00; Diamond Pharmacy Supply, $200.00; Diamond Pharmacy, $6000.00; Sheriff’s general fund vehicle maintenance: Speedy Lube, $250.00 and Sheriff’s jail account vehicle maintenance: Froman Oil Company, $450.00; Sheriff’s general fund vehicle maintenance: Froman Oil Company, $4500.00 –

Chairman DeLozier made a motion to approve the blanket purchase orders as presented.  Commissioner Thacker seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

2.       Orders Exceeding Amount of Issuance – None presented.

 

ITEM 15:          AGENDA ITEMS:

                           1.   Discussion with possible action on Renewing present Contract for Economic Development Services with Rogers County Industrial Authority for the year beginning July 1, 2008 thru June 30, 2009, all in accordance with Contract now on file in the Rogers County Clerk’s Office

originally approved on December 28, 1998 –

                                    Don Cochran, RCIDA Director, stated that they had a pretty good year last year and appreciates the support from the Board.  Commissioner Helm made a motion to approve.  Commissioner Thacker seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

                           2.   Approve/disapprove Corrected and Modified Contract submitted by Petroleum Marketers Equipment Company of Tulsa, Inc., in the sum of $3250.00 regarding the proposed work to be performed for Rogers County District #1 Commissioner, Dan DeLozier, for removal of storage tanks –

                                    Farbro stated that he reviewed the contract and did a very brief cover letter to be signed by the Chairman to make the contract conform with Oklahoma law.  Commissioner Helm inquired from Farbro if District #2 and District #3 could piggy-back from this?  Farbro replied, he doesn’t know why you couldn’t.  Chairman DeLozier made a motion to approve.  Commissioner Thacker seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried. 

                           3.   Discussion with possible action on Approval of Addendum to Delta Dental Plan of Oklahoma for enhanced services to become effective July 1, 2008 –

                                    Marilynn Gibson, County Clerk 1st Deputy, explained to the Board the enhancements and stated that the price would probably not go up to renewal time.  Commissioner Thacker made a motion to approve.  Commissioner Helm seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

                           4.   Approve/disapprove Maintenance/Service Agreements with Owasso Copier Services for County Clerk; County Treasurer; Planning Commission; Commissioner’s Office; County Assessor; District #1 County Warehouse; District #2 County Warehouse and District #3 County Warehouse for fiscal year 2008-2009 –

Page 3

Commissioner’s Proceedings

June 30, 2008

 

                                    Commissioner Thacker made a motion to approve.  Commissioner Helm seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

                           5.   Discussion with possible action on Approval of Corrected and Modified Uniform Rental Agreement dated 5-22-08 for Rogers County District #1 Warehouse in Chelsea, Oklahoma with Yale Uniform, Inc. –

                                    Farbro stated that he reviewed the contract and did a cover letter conforming with Oklahoma law for the Chairman to sign.  Chairman DeLozier made a motion to approve.  Commissioner Thacker seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

                           6.   Discussion with possible action on Approval of Corrected and Modified Contract/Lease Agreement on IJ Mailing System for Office of the Rogers County Election Board with Neopost Leasing, Inc. –

                                    Farbro stated that he reviewed the contract and did a cover letter conforming with Oklahoma law for the Chairman to sign.  Chairman DeLozier made a motion to approve.  Commissioner Thacker seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

                           7.   Discussion with possible action on Acceptance of Internal Revenue Service, United States Department of the Treasury, rate increase to 58.5 cents a mile for all business miles drive from July 1, 2008 through December 31, 2008 –

                                    Chairman DeLozier made a motion to approve.  Commissioner Thacker seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

                           8.   Approve/disapprove Resolution #2008-40 and Reimbursement form directing County Treasurer to deposit funds from State of Oklahoma, FEMA Pilot Program DR1735 on Warrant #100967967 for the original sum of $156,898.68 and $106,898.68 to be deposited into the one-cent sales tax fund for distribution for District #3 –

                                    Commissioner Thacker made a motion to approve.  Chairman DeLozier seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

                           9.   Approve/disapprove Resolution #2008-41 and Reimbursement form directing County Treasurer to deposit funds from State of Oklahoma, FEMA Pilot Program DR1735 on Warrant #100967968 for the original sum of $71,274.01 and $23,612.33 to be deposited into the one-cent sales tax fund for distribution for District #1 –

                                    Chairman DeLozier made a motion to approve.  Commissioner Helm seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

                          10.   Discussion with possible action on Approval of Ongoing Contracts for 2008-2009 for Rogers County Health Department with Canon Financial Services; Ikon Financial Services; Pitney Bowes; Terminix and U.S. Cellular –

                                    Commissioner Thacker made a motion to approve.  Chairman DeLozier seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

                          11.   Acknowledgement for public record warrants from State of Oklahoma, State Treasury, 309 Department of Civil Emergency Management for District #1 Warrant #100967968 for $71,274.01; for District #3 Warrant #100967967 for $156,898.68 and Warrant #100968988 for $3,260.86 and Warrant #100964518 for $72,489.47; for Emergency Management Warrant #100968986 for $1745.30; Northwest Rogers County Fire Protection District Warrant #100968989 for $8749.72; Verdigris Fire Protection District Warrant #100968987 for $1789.96 and Heritage Hills Golf Course Warrant #100967969 for $41,715.15 – ***acknowledged for public record***

                          12.   Acknowledgement for public record from Grand Gateway Economic Development Association E-911 check #1196 in the amount of $20,606.77 for April 2008 –

***acknowledged for public record***

                          13.   Approve/disapprove Commissioner’s Accounts for Estimate of Needs for 2008-2009 as follows: General Highway District 1, 2 & 3; County Cemetery’s District 1, 2 and 3;

One-Cent Sales Tax Districts 1, 2 & 3; Charity Account; General Government; Computer; Emergency Management and Planning Commission -

                                    Commissioner Thacker made a motion to approve the Estimate of Needs for 2008-2009 as presented.  Commissioner Helm seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried. ***Note***see attached copies***

                          14.  Approve/disapprove Commissioner’s Accounts for Temporary Appropriations for 2008-2009 as follows:  General Highway District 1, 2 & 3; County Cemetery’s District 1, 2 & 3;

and One-Cent Sales Tax Districts 1, 2 & 3; Charity Account; General Government; Computer: Emergency Management and Planning Commission –

                                    Commissioner Thacker made a motion to approve the Temporary Appropriations for 2008-2009 as presented.  Commissioner Helm seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

                          15.   Discussion and possible action to enter Executive Session for the purpose of confidential communications between the Board and its attorney concerning Rogers County participating in a medication session on July 18, 2008, at Oklahoma Mediation Service, 2021 South Lewis Avenue, Suite 301, Tulsa, Ok 74104, and discussing other matters pending in CJ-2004-234, Material Service Corporation vs. Rogers County Commissioners, if the Board, with the advice of its

Page 4

Commissioner’s Proceedings

June 30, 2008

 

 attorney, determines that disclosure will seriously impair the ability of the public body to conduct pending litigation in the public interest, as authorized by Title 25 O.S. § 307(4) –

                                    Commissioner Helm made a motion to enter Executive Session.  Commissioner Thacker seconded the motion.  Roll Call: DeLozier-aye, Helm-aye, Thacker-aye. Motion carried and the Board entered Executive Session at 9:52 A.M.

                          16.   Motion and vote to adjourn Executive Session and enter Regular Session –

                                    Commissioner Thacker made a motion to adjourn Execution Session and enter Regular Session. Chairman DeLozier seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried and the Board entered Regular Session at 10:11 A.M.

                          17.   Discussion and possible action with respect to participating in a medication session on July 18, 2008, at Oklahoma Mediation Service, and any other matters pending in Case No. CJ-2004-234, Material Service Corporation vs. Rogers County Commissioners, as considered during Executive Session –

                                    Commissioner Helm made a motion for Rogers County to participate in mediation session on July 18, 2008, at Oklahoma Mediation Service located at 2021 South Lewis Avenue, Suite 301, Tulsa, Ok 74104.  Chairman DeLozier seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

                          18.   Board of County Commissioner’s to attend the Rogers County Excise Board’s Pre-Budget Conference and presentation of Estimate of Needs for 2008-2009 on Monday, June 30, 2008, at 1:00 P.M. – The Board of County Commissioner’s will reconvene today at 1:00 P.M.

                          19.   Approve/disapprove any emergency transfer of funds to be able to close out fiscal year 2007-2008 –

                                    Commissioner Helm made a motion to approve the emergency transfer from Commissioner’s account D-1a M&O to salaries for $90.56 as presented.  Commissioner Thacker seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

 

ITEM 16:          PUBLIC COMMENTS AND RESPONSES FROM BOARD MEMBERS:  Limited to specific items on the Agenda that are listed and discussed at this meeting and limited in duration at the discretion of the Chairman –

 

ITEM 17:          PAYMENT OF PURCHASE ORDERS FROM ALL DEPARTMENTS:

                        (Materials, Supplies, Parts, Groceries & Prescriptions)***NOTE***see attached list of all claims that were approved for payment on Monday, June 30, 2008***Commissioner Helm made a motion to approve payment of all purchase orders from all departments as presented.

Commissioner Thacker seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried.

 

ITEM 18:          NEW BUSINESS:

1.       Consideration and possible action with respect to any other matters not known

about or which could not have been reasonably foreseen prior to posting the agenda –

                                    Jo Montana with Grand Gateway was present at the meeting and informed the Board of their new business hours being Monday through Thursday, from 7:30 A.M. to 5:30 P.M. and closed on Fridays for a 2-month trial.

                                    Assistant District Attorney, Barry Farbro, informed the Board that he had received from Allstate Property and Casualty Insurance Company a cause of loss on trees that were damaged by the county on insured’s Tom Montgomery property, located at 21277 South 4120 Road,

Claremore, Ok  74017.  ***NOTE***this item was faxed to Burrows and Burrows Insurance Agency for the county***

 

ITEM 19:          RECESS OR ADJOURNMENT:

                                    Commissioner Helm made a motion to recess the meeting until 1:00 P.M. today to attend the Excise Board’s pre-budget meeting.  Chairman DeLozier seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried and meeting was recessed at 11:30 A.M.

 

 

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        ROGERS COUNTY, OKLAHOMA

 

                                                                        BY:______________________________________

(SEAL)                                                                               Peggy Armstrong, Rogers County Clerk

 

 

 

 

 

 

Page 5

Commissioner’s Proceedings

June 30, 2008

 

 

                        MINUTES OF THE BOARD OF COUNTY COMMISSIONER’S ATTENANCE                     TO THE ROGERS COUNTY EXCISE BOARD’S PRE-BUDGET CONFERENCE

 

CALL TO ORDER:  Chairman DeLozier called the meeting to order at 1:00 P.M.

 

ROLL CALL:   Chairman Dan DeLozier, Commissioner Mike Helm and Commissioner Kirt Thacker were all present.

 

AGENDA ITEMS:  Discussion with possible action on Rogers County Pre-Budget Conference:

                                    Chairman DeLozier presented the Estimate of Needs and requests for temporary appropriations to the Board.  A list of 2008-2009 accounts requesting more than 25% of last year’s budget for temporary appropriations was also presented to the Excise Board.

 

RECESS OR ADJOURMENT:

                                    Chairman DeLozier made a motion to adjourn the meeting.  Commissioner Thacker seconded the motion. Roll Call:  DeLozier-aye, Helm-aye, Thacker-aye.  Motion carried and meeting was adjourned at 1:12 P.M.

 

 

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        ROGERS COUNTY, OKLAHOMA

 

                                                                        By:__________________________________

                                                                               Peggy Armstrong, Rogers County Clerk