The Board of County Commissioners (BOCC) of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, March 4, 2013, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on March 1, 2013, at 8:30 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: Steve Austin, Member; Dee Schieber, Member; Brian Hermanson, District Attorney (DA); Carol Purdy, Kay County Assessor; Christy Kennedy, Kay County Treasurer; Everette Van Hoesen, Kay County Sheriff; Jody Burd, Kay County Detention Center Director (KCDCD); Harold Hughes, KCDC; Cheryl Howard, Kay County Election Board Secretary; Dennis Bonewell, Emergency Management Director; Scott Cloud, Newkirk Herald Journal; Patsy Leyva, Deputy Kay County Clerk/Secretary.  (See sign-in sheet). 


Chairman Tyson Rowe led the Flag Salute.


Motion was made by Schieber and seconded by Austin approving regular meeting minutes of February 25, 2013.  Motion carried:  Rowe, aye; Schieber, aye; Austin, aye. 


Motion was made by Austin and seconded by Schieber to recess meeting and reconvene in Courtroom “A” because of the expected crowd for this meeting.  Motion carried:  Rowe, aye; Schieber, aye; Austin, aye.


Motion was made by Rowe and seconded by Austin to reconvene.  Motion carried:  Rowe, aye; Schieber, aye, Austin, aye.


Motion was made by Austin and seconded by Schieber declaring State of Emergency on Kay County for damages from the recent blizzard.  Motion carried: Rowe, aye; Schieber, aye; Austin, aye.


Motion was made by Schieber and seconded by Austin approving Agreements for remote terminal capabilities in the Assessor’s office for Savage, Savage, Brown and Larry Neeley.

Motion carried:  Rowe, aye; Schieber, aye; Austin, aye.


Jail Director Report:  Jody Burd, KCDCD, reported 135 as the daily inmate count, 42 arrested and released over the weekend 42 Department of Corrections (DOC), 9 (County). 


Roads and Bridge Projects/Circuit Engineering District (CED) No. 8 Road and Bridge projects:  Each of the three commissioners said they were working on getting roads repair from the recent weather.  Rowe reported that Bridge south of Tonkawa should be poured this week and that Bridge#204 work will be started.  Schieber reported that he would be attending the Statewide CED Auction this week.  Austin reported that Bridge on Canteen Road poured, starting guard rail this week.


Motion was made by Austin and seconded by Schieber approving the following Public Service/Pipeline Crossing Line Installations:  Brickman Fast Line, NE4/NE4 S26 T28N R4E ending NW4/NW4 S9 T28N R4E, River Road to 106 Line, D#2; Superior Pipeline Co., SW4/SW4 S2 T25N R2W ending NW4/NW4 S11 T25N R2W (resubmitted to change pipe size from 6” to 8” original permits approved 2-11-13), D#3; Superior Pipeline Co., SW4/SW4 S11 T25N R2W ending NW4/NW4 S14 T25N R2W (resubmitted to change pipe size from 6” to 8” original permits approved 2-11-13), D#3; Two Superior Pipeline Co., SE4/SE4 S17 T25N R2W ending NE4/NE4 S20 T25N R2W and NE4/NE4 S20 T25N R2W ending NW4/NW4 S21 T25N R2W; Devon Energy Corp., NW4/NW4 S26 T28N R4E ending NE4/NE4 S21 T28N R4E, D#2; Select Energy, NE4/NW4 S22 T25N R1W ending SE4/SW4 S29 T29N R1W, Riverside to White Eagle to Cowboy Hill (renewal); Two Range Resources, NW4/NW4 S21 T25N R2W ending NE4/NE4 S20 T25N R2W and NE4/NE4 S20 T25N R2W ending SE4/SE4 S17 T25N R2W.  Motion carried:  Rowe, aye; Schieber, aye; Austin, aye. 


Motion was made by Austin and seconded by Schieber noting the following monthly reports for January 2013:  Court Clerk Offices (Blackwell, Newkirk, and Ponca City) and Sheriff. Motion carried:  Rowe, aye; Schieber, aye; Austin, aye. 


Motion was made by Schieber and seconded by Austin approving the following Resolutions to Dispose of Equipment:  Res#12, 13-217, Highway Dist#3, impact wrench, junked. Res#12, 13-218, truck tractor; Res#12, 13-219, 1993 truck; Res#12, 13-220, 2001 truck, Highway Dist#3, surplus to be sold at Elk City Auction (District#3 noting that he would sell three and buy one); Res#12, 13-221, Data Processing, Calculator, router, server, Compaq EVO PC, junked; Res#12, 13-222, Data Processing, sliding door cabinet, donated to Drug Court; Res#12, 13-223, Superintendent/County Clerk, 3 drawer legal file cabinet, junked; Res#12, 13-224, County Clerk, Two 5 drawer file cabinets, transferred to District#3; Res#12, 13-224, County Clerk, orange chair, junked; Res#12, 13-226, County Clerk, oak standing cabinet, transferred to Election Board; Res#12, 13-227, County Clerk, orange chair, junked; Res#12, 13-228, County Clerk, two desks, donated to Drug Court.  Motion carried:  Rowe, aye; Schieber, aye; Austin, aye.  


Motion was made by Austin and seconded by Schieber approving the following Resolutions to Deposit Funds:  Res#12, 13-212, Highway Dist#2-$1,500.00, Public Service/Pipeline Crossing Line Installation; Res#12, 13-213, Highway Dist#3-$1,000.00, Public Service/Pipeline Crossing Line Installation; Res#12, 13-214, Highway Dist#3-$25,208.81, FEMA DR4064 PW96 B16(15) #2565 & Dist#1-$1,503.88, FEMA DR 4064 PW96(15) #2565; Res#12, 13-215, Highway Dist#3-$7,211.28, FEMA DR 4064 PW102 B19(18) #2569; Res#12, 13-216, Highway Dist#2-$250.00, Public Service/Pipeline Crossing Line Installation; Res#12, 13-217, Highway Dist#3-$1,000.00, Two Public Service/Pipeline Crossing Line Installations.  Motion carried:  Rowe, aye; Schieber, aye; Austin, aye. 


Motion was made by Schieber and seconded by Austin approving the following Cash Fund Estimate of Needs & Request for Appropriations:  Highway-$280,021.97, D#1-$93,340.66; D#2-$93,340.65; D#3-$93,340.66; Highway-$26,712.69, D#1-$1,503.88; D#3-$25,208.81; Highway Dist#3-$7,211.28; Highway Dist#2-$250.00; Highway Dist#2-$1,500.00; Highway Dist#3-$1,000.00; Sheriff’s Service Fee-$15,723.61; Highway Dist#3-$1,000.00.  Motion carried:  Rowe, aye; Schieber, aye; Austin, aye. 


Motion was made by Austin and seconded by Schieber approving the following Transfer of Appropriations:  General Government Maintenance & Operations-$10,000.00 to Courthouse Security Personal Services; Election Board Maintenance & Operations-$2,000.00 to Part-time.  Motion carried:  Rowe, aye; Schieber, aye; Austin, aye. 


Very heated discussion held on costs, improvements, funding and budgeting issues regarding the possibility of land purchase for Kay County Free Fair.  Rowe asked who had put this item on the agenda.  Austin said that he had because several people had asked to make comments before executive session was held.  Rowe addressed the crowd saying that the ground purchase would be for Fair Grounds not expo center.  Rowe felt that he had an obligation as a County Commissioner to get the Fair Board an appropriate place to hold the Fair.  Rowe stated that he knew that change was hard and the Fair has been held in Blackwell for Ninety years and as far as he knew there have been no improvements over that time and it’s not anything against Blackwell, but we have some money that we can use to buy some county owned property and we don’t have to rely on Blackwell to spend their money.


Christy Kennedy read a letter from Tammy Reese, stating that elected officials have a fiduciary obligation to the citizens and that it is not sensible to purchase land at this time. That in the past money was budgeted to $12,000.00 to assist fair and that this past fiscal year an additional $23,000.00 was adding, for a total of $35,000.00 budgeted to help support the fair and that that amount was within County’s resources.  The County has not budgeted for the purchase of land at this time and that any actions taken at this time could adversely affect the county for years to come.

Kennedy also had comments of her own concerning this matter.  She asked the Board if there were any figures on what moneys would be spent out of the budget from now until September.  Rowe stated that there is no contract on land at this time.  Kennedy “What do you know?”  Rowe stated that the Use Tax Fund is the perfect fund to be used to purchase this land.  He did not know an amount.  Schieber stated that the amount would be whatever the payment for the land would come to.  Kennedy estimated that a land purchase would be approximately $250,000.00 to $300,000.00.  What about the buildings, who have you been talking to and do we have to build them to get reimbursed for them.  Schieber stated that “they” are waiting on us to buy the land.  Kennedy asked who was waiting on us to buy the land.  Schieber said the Kaw Tribe was very interested in putting the building up.  Kennedy asked how many buildings you are planning on putting on this land.  Schieber was not sure.  Kennedy stated that we need to know plans, numbers, how many buildings, how much for the parking lot.  What do we know today?  Kennedy talking to Rowe stated that this is on you and Commissioner Schieber.  Steve (Commissioner Austin) has made his feelings clear.  I can’t imagine that you guys don’t have any idea.  Give us some kind of idea.  What kind of money are we talking about, how many buildings, who’s going to pay for electricity, who going to put in the water, who pays the employees to maintain the fairgrounds?  Rowe stated the County would pay the employees. Kennedy asked what kind of payroll are you talking about, how many employees?  Rowe stated that if buildings were built out there that because of the cramped spaces in the Courthouse that we could move the Extension Office out there so that they could watch over the property.  Kennedy asked if that was the plan.  Rowe stated that there was nothing set in stone.  Kennedy stated that we are having a Fair in September.  Rowe stated that we may not be.  Fair Board makes the decision on when and where the Fair will be.  Kennedy stated that without the financing for the land that this is on you two (Rowe and Schieber) not the Fair Board, there is no doubt how Commissioner Austin is going to vote, there is no doubt on how you are going to vote.  Austin states to Rowe that what they need is a master plan, where the property is, how many buildings and costs.  Rowe states that until the Fair Board tells me what they want, I don’t know what the plan is.  Kennedy states that the Fair Board can’t do anything until you give them the money.  You have to know if we can afford it.  Rowe states that the process will be bid.  The Fair Board will have to give me the information on how many buildings they want.


Brian Hermanson, District Attorney stated that he has reviewed the Fair Board’s agendas and did not find a proper vote to ask County Commissioners for help.  He asked Jeff Kubik, Fair Board President, what has the Fair Board voted on, has the Fair Board ever made an agenda item request for the Board of County Commissioners to ask for assistance?  Kubik stated that the Fair Board does have a quorum present today. Hermanson stated “then you’ve got a problem, you’ve got a problem right now, you have a meeting of the Fair Board going right now.  You need to get under a quorum right now” (Buellesfeld left).  Kubik stated that he believed they had asked the Commissioners, but Hermanson said that he could not find that on any of the Fair Board agendas.


Kubik stated that his board would like a facility that could be used year round, owned and operated by the county and not controlled by another entity.


Rowe asks Kubik if the City of Blackwell had ever offered to sell the County the facility.


Kubik stated that there was an open discussion, not in a meeting, but that the idea was thrown out because of the space for expansion and parking. 


Kubik would like a couple of buildings with some additional, stating that they have a building that will be donated to get us through September.


Hermanson wanted to know if these buildings would be temporary or permanent.  His opinion was that the site would not be a permanent site.


Kennedy asked if Kubik had a projection of what he would be asking from the County for the next budget season.  Kubik stated that would depend on the outcome of today’s proceedings.


Kennedy asked Schieber about his comments in the paper that he could have this ready in two months, you said location.  Schieber said that it would take about a month to put up a building.  Kennedy asked about parking lot, electricity, water.  Schieber did not know what they would do for a parking lot.  Kennedy also asked about Schieber’s statement that when the sales tax passed you would reimburse the Use Tax, you understand that we do not know if a sales tax will pass and that the County could be stuck with this loss of money, we do not know what the future will bring.


Hermanson stated that you could only use the Use Tax if it was budgeted and it has not been budgeted.  Rowe disagreed with Hermanson’s opinion on what the AG opinion said.


Kennedy also mentioned a letter printed in the newspapers from the Mayors of Kay County stating that they felt this to be a bad idea.  Senator Anderson cautioned us about this endeavor. 


Schieber stated that Mayor’s do not want the County to have any taxes; they want it all for themselves.  The plans are in the makings and all I want today is for us to commit to a land purchase.


Rowe stated that this is for the purchase of land for fair grounds only.  If the expo center should pass, then we would buy more land to build.  It would be up to a vote of the people for us to do this.


Austin stated that committing the County to a long term obligation is a problem without knowing expenses, number of buildings, etc.  Do you have anything in writing? Nobody has told public anything.  You need to know long term.  A piece of land just sitting there with one building and try to put on a fair.  The Use Tax is tied to sales tax and just because it is high now does not mean that it will remain high. I know I sound like a broken record, but we are statutorily obligated to have a jail and if sales tax goes down, the County would have to fund the jail and without breaking the budget, I thought the Use Tax would be there if that situation should ever come up.


Hermanson mentioned he thought a county owned fairground was a good idea but that if a new Fair Board came in they could want the Fair somewhere else other than where you purchase.


Carol Purdy, Kay County Assessor stated the County has a loss of Revenue because Intangible Personal Property is down and all the ready funds (carryover) could be depleted.  Purchase not a good idea.  Buying the land takes the decision out of the citizen’s hands.  Courthouse security is a top priority right now.


Austin stated that carryover is actually part of the budget; if we did not have that carryover then the county would be in a big hurt.  Once “carryover” is gone, it is gone.


Hermanson stated that based on the AG opinion, the Used Tax could not be used to purchase this land, that would be an improper act by this Board.


Mark Skiles, Blackwell City Manager questioned the financial wisdom of the County Commissioners.


Robert Williamson stated that he has never seen anything so childish as what is going on with the Fair Board and the County Commissioners.


Rowe stated that he was kind of embarrassed himself with the actions taken by the City of Blackwell last year.  He spent his own personal time going back and forth with the Fair Board and the City of Blackwell.  He could not blame the Fair Board for not wanting to have another fair in Blackwell because of the way they were treated.  Picnic table, PA system, bathrooms, water didn’t work in there, do we need to go on.


Brad Bechtel said that Fair Board has not cooperated.  City of Blackwell will come back to the table if County wants to purchase fairgrounds in Blackwell. 


Bechtel said that Rowe was getting some wrong information.  The best thing you can do to put egg on your face is purchase land.  I don’t know what the cost will be three, four, five thousand dollars an acre for prime location for land with a couple of hay buildings.  There will be a petition to stop where the Kay County Free Fair will be held.  If we want to agree to fight, we will fight.


Rowe asked if the City had ever thought of donating the land to the County so that they can update it.


Bechtel said that agreement was faxed to the Fair Board and Fair Board was not willing to cooperate.


Schieber asked if there was any room to the east to grow.


Bechtel commented that there were several possibilities.


Hermanson said that he had offered to negotiate with the Fair Board and City of Blackwell with the thought of the City deeding the property in exchange for a fifty or hundred year agreement to keep the fair in Blackwell and if the fair moves out of Blackwell the property would revert back to the City of Blackwell and the Fair Board turned down the offer.


Schieber said that he did not think there was enough room for what they want to do.


Mayor Cordell stated to Rowe that as a citizen of the County for you to say there may not be a County Fair because of these differences is a slap in the face of the people.  What is stopping you from having the fair there this year?


Chris Maple stated that people have to have a vision.  Fair Board needs to share their vision for county owned property.  Work together.  If you have a vision to buy property, at least let us know where it is and what your plans are.  Do not vote on this until you give us your vision.


Austin mentioned to Maple that he was getting off the agenda item and he should stick to the agenda.


Kubik stated that this facility could be used year round.  Paid for through bond issue and vote of the people.  Make Kay County a destination for events that would be held here.  David Cummings is working on contract for a bond issue.  Majority of Fair Board decided not to have Fair in Blackwell.  Vendor management could not be agreed upon.  We want something better for Kay County.  We can hardly wait until we can take this to the public, but right now we do not have any set numbers.  We want something owned by the County and operated by the Fair Board.  However things come out, I wish the City of Blackwell the best of luck.


Mike Jeffers stated that what we need are plans, estimates, and then raise the money by a vote of the people.  Need to be open to the people. 


Motion was made by Schieber and seconded by Rowe to recess regular meeting and go into Executive Session back down in the Commissioners Courtroom pursuant to and convened under authority of Oklahoma Statutes Title 25 Section 307.B.3 to discuss the purchase of real property for the purpose of holding the Kay County Free Fair.  Motion carried:  Rowe, aye; Schieber, aye; Austin, aye.


Motion was made by Rowe and seconded by Austin to reconvene regular meeting of the Board of County Commissioners in Courtroom “A”.  Motion carried, Rowe, aye; Schieber, aye; Austin, aye.


No action was taken regarding purchase of real property for the purpose of holding the Kay County Free Fair.


Unscheduled Public Appearances:  None.


Motion was made by Schieber and seconded by Austin to recess and move back to Commissioners Court for remainder of meeting. Motion carried:  Rowe, aye; Schieber, aye; Austin, aye.


Motion was made by Austin and seconded by Schieber to reconvene regular meeting of the Board of County Commissioners in Commissioners Court.  Motion carried:  Rowe, aye; Schieber, aye; Austin, aye.


Motion was made by Austin and seconded by Schieber approving Blanket Purchase Orders.  Motion carried:  Rowe, aye; Schieber, aye; Austin, aye.


Motion was made by Schieber and seconded by Austin approving Maintenance & Operation Claims.  Motion carried:  Rowe, aye; Schieber, aye; Austin, aye.  



2012-2013 General: 1560, OSU-UML, 75.00, Repairs; 1561, Applied Concepts, 253.00, Mounts; 1562, Merrifield Office Supply, 52.61, Office Supplies; 1563, Ryan G Jenkins Consulting, 600.00, Computer Repair; 1564, Quality Water Service, 23.00, Water; 1565, Awards and Moore, 1340.50, Plaques; 1566, Kennedy, Christine L., 70.07, Mileage; 1567, Awards and Moore, 150.00, Awards; 1568, Grace, Lindsay, 283.63, Travel; 1569, Woelk, Cori, 299.45, Travel; 1570, Klumpp, Larry A., 593.19, Travel; Health: 276, Murphys Plumbing, 139.00, Repairs; 277, AT&T, 921.14, Billing; 278, Cintas Document Management, 28.00, Shredding; 279, Ponca   City Utility Authority, 1196.71, Billing; Highway: 1353, Brandts, 45.69, Supplies; 1354, Warren Cat, 2232.04, Parts; 1355, Circuit Engineering District #8, 2759.00, Signs; 1356, Kelle Oil Company, 1112.16, Diesel; 1357, Circuit Engineering District #8, 248.00, Signs; 1358, Circuit Engineering District #8, 59.20, Signs; 1359, Circuit Engineering District #8, 3412.40, Reimbursement; 1360, CODA, 75.00, Registration; 1361, Warren Cat, 3567.30, Blades; 1362, Circuit Engineering District #8, 19000.00, Truck; 1363, Cintas

Corporation, 133.43, Linen Service; 1364, Hotsy of Oklahoma Inc., 383.00, Service; 1365, Ford Refrigeration Service, 182.00, Service call; 1366, Vinings Rental & Supply, 979.85, Rental; 1367, AT&T, 131.52, Billing; 1368, Cintas Corporation, 133.43, Uniform Shirts; 1369, BDF             Enterprises LTD, 70.75, Filter Service; 1370, Fastenal Industrial & Const Supplies, 23.31, Bolts; 1371, BDF Enterprises LTD, 85.95, Filter Service; 1372, Galaxie Business, 25.66, Copier contract; 1373, Blackwell Auto Parts, 35.94, Paint; 1374, Warren Cat, 73.28, Fuel cap; 1375,      Blackwell Auto Parts, 47.25, Supplies; 1376, Schieber, Dee, 140.12, Mileage; 1377, OK Natural Gas, 221.34, Billing; PBA HEALTH: 8, Bank Of The West, 7960.13, Loan Payment;              Serv.Fee: 225, Ray Allen Professional K-9 Equipment, 74.99, Dog Supplies; 226, UPS Store, 49.59, Shipping & Handling Charg; 227, Van     Hoesen, Everette H., 203.40, Mileage; Drug Court: 47, Bluing Products Inc, 118.95, Bluing; 48, Farha Wholesale Co., 19.94, Supplies; 49, Staples, 42.45, Receipt books; County Sales Tax Fund: 713, Bankers Credit Card Services, 2042.52, Supplies; 714, Biltmore Hotel, 284.00, Lodging; 715, Safelite Fulfillment     Inc, 276.90, Repairs; 716, Houser Hardware, 208.41, Supplies; 717, Fastenal Industrial & Const Supplies, 239.50, Supplies; 718, Juniors Locks & Alarms, 40.45, Keys; 719, Bob Barker Co, 476.82, Supplies; 720, Take Ten Tire, 308.47, Repairs; 721, Houser Hardware, 184.95, Supplies.


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 Austin and seconded by Schieber to adjourn, 11:17 a.m.  Motion carried:  Rowe, aye; Schieber, aye; Austin, aye.















Approved this 11th day of March, 2013.











                 TYSON ROWE, CHAIRMAN



                 STEVE AUSTIN, MEMBER