June 16, 2008

Newkirk, OK

 

The Board of County Commissioners of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, June 16, 2008, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on June 13, 2008, 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 Wilson called the meeting to order.  Those present were as follows: Steve Austin, Vice-Chairman; Dee Schieber, Member; District Attorney (DA) Mark Gibson; Christy Kennedy, Kay County Treasurer; Carol Purdy, Kay County Assessor Office; Steve Kelly, Kay County Undersheriff; Everette Van Hoesen, Kay County Sheriff; Cheryl Howard, Kay County Election Board Office; David Cummings, Justice Facilities Authority (JFA) Attorney; Paul Smith, Financial Advisor for JFA; Dusty Oxford, North Central Reporter; Scott Cloud, Newkirk Herald Journal; Sharon Rowen, Ponca City News; Tammy Reese, Kay County Clerk/Secretary (see sign in sheet).

 

Motion was made by Austin and seconded by Wilson approving special meeting minutes of June 6, 2008.  Motion carried:  Schieber, abstained; Austin, aye; Wilson, aye.

 

Motion was made by Austin and seconded by Schieber approving regular meeting minutes of June 9, 2008.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.

 

Lengthy discussion was made concerning Resolution authorizing the implementation of a use tax to be collected at a rate equaling the county sales tax rate of two-thirds of one cent (.6665) as authorized by 68 O.S. § 1411.

 

Wilson expressed concerns of the use tax not being mentioned previously and he wondered if it would hurt business people of Kay County.

 

Schieber asked if it was punishable by law if you do no pay the use tax.

 

Attorney David Cummings told the commissioners the use tax has been mentioned in meetings and stated it was calculated in reports submitted by Paul Smith, Financial Advisor.  Cummings said according to Oklahoma Statutes the board of county commissioners who have a county sales tax may attach a use tax at the same rate of the sales tax rate on the storage, use or other consumption of tangible personal property used, stored or consumed within the county.  Cummings said the city of Ponca City collected approximately $300,000 on use tax.  Cummings said it is voluntary based on trust.  Cummings said $130,000 collection for Kay County on use tax has been considered in the amounts from the beginning.

 

Financial Advisor Paul Smith apologized for not explaining the use tax in more detail; he said sales tax/use tax go hand in hand for equal amount, a companion rate.  Smith said this is a small amount of the financing piece.  Smith said citizens of Kay County are not being taxed more and by law this tax is Kay County jurisdiction money.  Smith said Oklahoma Tax Commission (OTC) does not have an audit trail for this tax, it is a voluntary tax.  Smith noted that this tax has been discussed since the beginning, it has been in the local newspapers and was a debate at one of the forums held in Ponca City.  Smith said the tax could be adopted to be put in the general fund. 

 

Wilson asked if the tax could be put on at any time.

 

Smith replied, yes, but it should be made available to put on with the sales tax as a benefit.  Smith said this tax was not extra money we did not count on; everything we have done has been out in the open.  However, this tax was not the main subject of the sales tax election.  Smith said in order for this tax to be effective October 1, 2008 with the sales tax a notice must be served to the OTC 75 days in advance.

 

 

 

 

DA Mark Gibson stated to David Cummings and Paul Smith that he felt it was offensive and inexcusable that the commissioners were not aware of this use tax until one week ago.

 

Smith apologized for not formally approaching the commissioners about this issue and reiterated this tax has been discussed previously.  Smith said this is the procedure to follow with the use tax which is a companion to the sales tax.

 

Cummings stated the estimated collections from the sales tax is around $3 million and four percent of that calculation is based on the use tax.

 

Motion was made by Schieber and seconded by Austin to take no action on this Resolution today and list as an Agenda item again next week.  Schieber rescinded the motion to Table the item per DA Mark Gibson.

 

Jail Issues:  Sheriff Van Hoesen reported the daily inmate count showing 116.  Undersheriff Kelly said they are still having trouble with the doors.  Kelly said the Fire Marshal inspected the situation and gave them permission to weld the doors shut.  Commissioner Wilson told the Sheriff he wanted that statement in writing from the Fire Marshal before welding doors shut.

 

Motion was made by Austin and seconded by Schieber to transfer $18,131.42 from the General Government Maintenance & Operations account to Sheriff Personal Services account for the Sheriff to make budget for FY2007-2008.   Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.

 

Road and Bridge Projects, Circuit Engineering District (CED) No. 8:  Schieber said he was able to get his STP Projects moved up in time; a $750,000 three mile project.

 

Motion was made by Schieber and seconded by Austin approving State of Oklahoma Department of Transportation County Road Action Report; report indicates the County Certification Mileage for Kay County for year 2008 has changed to 1,483.31 miles an increase of 0.90 miles.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.

 

Motion was made by Schieber and seconded by Austin approving Title Sheet from Brawley Engineering STP 136C(164)CO Highland Street west of Ponca City, D#1.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.

 

Motion was made by Austin and seconded by Schieber approving Lease Agreement/Contract Agreement by and between Neopost Leasing Inc., and the Kay County Health Department to lease mailing system and scale equipment.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.

 

Motion was made by Schieber and seconded by Austin to go out for bid on Election Board Ballots for FY 2008-2009.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.

 

Motion was made by Schieber and seconded by Austin noting May 2008 Monthly Reports for the following:  Court Clerk – Blackwell, Newkirk, and Ponca City offices.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.

 

Motion was made by Austin and seconded by Schieber approving the following Resolutions to deposit:  Res#7, 8-226, Public Building Authority-$1,408.84, June 2008 Rent; Res#7, 8-227, Community Sentencing Service Program (CSSP)-$809.50 (February-March-April 2008); Res#7, 8-228, Open Dump Reward-$20.00m May 2008 Reward Fees.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.

 

Motion was made by Schieber and seconded by Austin approving the following Cash Fund Estimate of Needs and Request for Appropriations:  Public Buildings Authority-$1,408.84; CSSP-$809.50; Open Dump Reward-$20.00.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.

 

Motion was made by Austin and seconded by Schieber approving the following Transfer of Appropriations:  Sheriff Service Fee Capital Outlay-$20,765.98 to Personal; Sheriff Part-time-$1,448.40/Travel-$2,421.96/Maintenance-$19,465.08/Capital Outlay-$191.00 Totaling $23,526.44 to Personal Service-$12,196.59 and Overtime-$11,329.85; General Government Maintenance & Operations (M&O)-$488.46 to Lease Purchase; Kay County Extension Capital Outlay-$800.00 to M&O; Kay County Election Board Maintenance & Operations-$280.00 to Pt-time.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.

 

No unscheduled public appearances were made.

 

Motion was made by Schieber and seconded by Austin approving Payroll with warrants to be released on June 27, 2008.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.

 

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

 

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

 

FY 2007/2008 PURCHASE ORDERS:

               2007-2008 EMA: 141, Rogers Oil Co., 155.08, Blanket; 142, USA Mobility Wireless, 138.62, Paging services; General: 2607, Take Ten Tire, 995.49, Blanket; 2608, Bankers Credit Card Service, 93.63, Blanket; 2609, Houser Hardware, 280.66, Blanket; 2610, Texas County Juv. Det. Center, 587.20, Blanket; 2611, Take Ten Tire, 716.97, Blanket; 2612, Ponca City News, 851.10, Blanket; 2613, ThyssenKrupp Elevator, 352.00, Elevator Maintenance; 2614, Quality Water Service, 29.50, Water & Cooler Rent; 2615, J & P Supply, 790.35, Janitorial Supplies; 2616, Houser Hardware, 243.99, Power Washer; 2617, OSU/CLGT, 260.00, Class; 2618, Cary, Joe R., 5.05, Mileage; 2619, Harden, Floyd, 19.39, Mileage; 2620, Estes, John Clarke, 22.22, Mileage; 2621, Cool Rush Water & Ice, 22.48, Water & Cooler Rent; 2622, Kellum, Carol D., 15.15, Mileage; 2623, Youth Services of Bryan Co., 205.45, Juvenile Detention; 2624, Supply First, 900.00, JANITORIAL SERVICE; 2625, AT&T Mobility, 3.27, Cell phone bill; 2626, Postmaster, 180.00, Postage permit fee; 2627, Klumpp, Larry, 500.00, Travel; 2628, Neopost Inc, 439.02, Postage Equipment Rental; 2629, Neopost Inc., 537.50, Postage Rate Change Card; 2630, Lewis Associate Architects, 615.80, Architectural Services; 2631, Leaming, Carol, 15.15, Travel; 2632, Kellum, Carol D., 15.15, Travel; 2633, Rhyne, Mary L., 426.22, Travel; Health: 397, Blackwell True Value Hardware, 5.16, Blanket; 398, Staples, 2.36, Blanket; 399, Lowes Companies Inc., 79.97, Blanket; 400, Walmart Community BRC, 18.55, Blanket; 401, Walmart Community BRC, 49.47, Blanket; 402, Neopost Inc., 270.00, Postage Rate Change Card; 403, Stolhand Heating & Air, 76.00, Labor; 404, Stolhand Heating & Air, 247.49, LABOR AND MATERIALS; 405, Holts Toner Source, 64.95, Toner Cartridge & Binders; 406, Rose Ann McChristian, 106.05, Travel; 407, Becky Wolfe, 235.80, Therapy services; 408, Throop Lawn Care, 85.00, Lawn Care; 409, Carol Rickards, 206.25, Nursing; 410, Bonnie Luis, 42.42, Travel; 411, Richards, Mary, 42.42, Travel; 412, Ok. State Dept. of Health, 7743.18, Payroll; 413, Four Seasons Lawn Care, 70.00, Lawn Care; 414, Language Line Services, 100.64, Language Line Service; 415, City of Blackwell, 372.30, Electric for Blackwell; Highway: 1924, NAPA, 974.86, Blanket; 1925, Cool Rush Water & Ice, 10.98, Blanket; 1926, Lowes Home Improvement Inc, 222.04, Blanket; 1927, Locke Auto Parts, 597.57, Blanket; 1928, Cintas, 548.11, Blanket; 1929, Kelle Oil Company, 1697.85, Blanket; 1930, Cross Oil, 3463.50, Blanket; 1931, Cool Rush Water & Ice, 21.96, Blanket; 1932, Blackwell Coop - Kildare, 385.28, Fertilizer; 1933, Unifirst Corporation, 265.94, Uniform Rental & Cleaning; 1934, Waste Connections Inc, 88.53, Billing; 1935, Mobile Communications, 15.99, Charge for pager; 1936, Cross Oil, 11534.60, Fuel; 1937, Dub Ross Co. Inc., 1397.28, Pipe; 1938, Filter Care Of Missouri, 256.65, Filter Service; 1939, Power Plan, 100.00, Parts; 1940, Power Plan, 135.00, Repairs; 1941, Southwest Truck Parts, 857.50, Parts; 1942, Rural Water District #3, 42.63, Water; 1943, Southwest Truck Parts, 73.68, Filters; 1944, ACCO, 50.00, Registration; 1945, Brawley Engineering, 5600.00, Engineering; 1946, Bkl Incorporated, 10000.00, Engineering; 1947, Eastman National Bank, 9640.77, Lease Purchase Payment; 1948, Security National Bank, 1115.79, Lease Purchase Payment; 1949, Welch State Bank, 1536.00, Lease Purchase Payment; 1950, Eastman National Bank, 7189.26, Lease Purchase Payment; 1951, John Deere Credit, 1904.75, Lease Purchase Payment; 1952, Okla. Dept. of Transportation, 950.56, Lease Purchase Payment; 1953, John Deere Credit, 1801.73, Lease Purchase Payment; 1954, Okla. Dept. of Transportation, 1101.67, Lease Purchase Payment; 1955, Kay Electric Cooperative, 316.51, Monthly Electric Service; 1956, Cintas, 41.20, Service charge; 1957, Kay County Dist#2, 227213.39, Reimbursement; 1958, Schieber, Dee, 237.35, Mileage; Jail Cash Fund: 222, Leach Paper Co., 818.23, Blanket; 223, U.S. Foodservice, 7075.81, Blanket; 224, Galaxie Business, 41.82, Blanket; 225, U.S. Foodservice, 1352.78, Blanket; LEPC Grant Cash Fund: 8, Staples, 1935.72, Computers; Lien Fee: 31, Allegiance Communications, 21.05, Cable Service; 32, Quality Water Service, 21.40, Water & Cooler Rent; Reimburse: 22, Hampton Inn, 444.00, Lodging; 23, Hicks, Jennifer M., 73.93, Meals; Serv.Fee: 222, Southwest Business Products, 344.05, Blanket

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.

 

There being no other business, motion was made by Schieber and seconded by Austin to adjourn (10:25 a.m.).  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.

 

 

 

 

 

 

 

 

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Approved this 23rd day of June, 2008.

 

                        ___________________________

             LAILE WILSON, CHAIRMAN

                                      ___________________________

            STEVE AUSTIN, VICE-CHAIRMAN

           

            ___________________________

DEE SCHIEBER, MEMBER

 

 

 

 

 

ATTEST:

 

 

____________________________________

TAMMY REESE, COUNTY CLERK

COUNTY OF KAY, STATE OF OKLAHOMA

SECRETARY, BOARD OF COUNTY COMMISSIONERS

 

(SEAL)

 

 

 

 

 

 

 

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