Monday, November 28, 2011

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, November 28, 2011, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on November 23, 2011, 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 Steve Austin called the meeting to order.  Those present were as follows:  Dee Schieber, Member; Tyson Rowe, Member; Brian Hermanson, District Attorney (DA); Christy Kennedy, Kay County Treasurer; Carol Purdy, Kay County Assessor; Mary Ramey, Kay County Court Clerk; Everette Van Hoesen, Kay County Sheriff; Larry Klumpp, OSU Extension; Ray Ball, Kaw Nation; James L. Menzer, Menzer Law Offices, P.C.; Kristi Wooley, Oklahoma Juvenile Affairs (OJA); Julia Curry and Tiffany Davis, Oklahoma Court Services; Sharon Rowen, Ponca City News; Tammy Reese, Kay County Clerk/Secretary.  (See sign-in sheet).

 

Chairman Steve Austin led the Flag Salute.

 

Motion was made by Rowe and seconded by Schieber approving regular meeting minutes of November 21, 2011.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Schieber and seconded by Rowe approving claims for Oklahoma Juvenile Affairs for July 2011 in the amount of $3,804.66; for August 2011 in the amount of $3,482.37 and for September 2011 in the amount of $4,044.14.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Schieber and seconded by Rowe approving Contract with Oklahoma Court Services to fully fund supervision of Oklahoma Court Services $2,750.00 per month not to exceed $19,250.00 for FY 2011-12.  The contract will be in effect from the first day of December 2011 through June 30, 2012 (striking language in contract:  This Contract may be renewed for subsequent fiscal year July 1-June 30 at BCC’s sole discretion, based on the availability of funding, contract or performance and program needs or requirements, per DA Hermanson).  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

DA Hermanson discussed in detail Contract between BOCC and Ryan Whaley Coldiron Shandy, P.L.L.C. (RWCS).  Hermanson told BOCC he was not comfortable with wording in 3.2 Injunctive Relief and 3.4 Contingency Fees on Injunctive Relief in the contract.  Discussion continued regarding Injunctive Relief, Contingency Fees on Monetary Damages and Contingency Fees on Injunctive Relief between Hermanson, James Menzer, Menzer Law Offices, P.C. and BOCC.  The BOCC may have claims connected with the historic operations of a zinc smelter facility, Blackwell Zinc Company in Blackwell, Oklahoma, District No. 3 warehouse, and real property as well as the physical release, emission, placement or disposal of hazardous waste, materials either directly or indirectly outside the smelter facility site.  This contract desires the BOCC to engage RWCS to represent the BOCC in the investigation, prosecution and/or settlement of any and all legal claims against Freeport-McMoran Copper & Gold Inc.,, a parent company of Blackwell Zinc.

 

Motion was made by Rowe and seconded by Schieber approving Contract, as modified by DA Hermanson, with Ryan Whaley Coldiron Shandy, P.L.L.C. for representation and possible litigation.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye.

 

Jail Director Report:  Sheriff Van Hoesen reported the current head count as 165, arrested and released over the weekend was 30 for the week it was 67 since the 1st of November the count is 264.  Monthly daily average is 174, minimum amount of inmates 168 and maximum amount 192.

 

Roads and Bridge Projects, Circuit Engineering District (CED) No. 8:  Commissioner Schieber said crew was pouring floor on bridge by Ponca Lake.  He noted he would be attending State CED meeting in Oklahoma City on Wednesday.

 

 

Motion was made by Schieber and seconded by Rowe approving Res#11, 12-78, disposition of equipment, Kay County Court Clerk – HP Laser Jet Printer 2420 – returned to OCIS, quit working - replaced with new printer.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Rowe and seconded by Schieber approving the following invoices from Mehlburger Brawley Engineering:  Project BIA, Bridge and Approaches over Bitter Creek, Invoice #KayCo-05-02-05 & 1153-04-$1,400.00; Project BIA, Bridge and Approaches over Bois D’Arc Creek, Invoice #KayCo-05-04-04 & 1155-04-$1,450.00.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

No action was taken on going out for bid to purchase Trailer. 

 

Motion was made by Rowe and seconded by Schieber approving the following Cash Fund Estimate of Needs and Request for Appropriations:  Highway-$273,173.82, D#1-$91,057.94; D#2-$91,057.94; D#3-$91,057.94; Highway Dist#1-$46.31; CBRI 105C-$296.31; County Improvement-$0.53.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Rowe and seconded by Schieber approving the following Transfer of Appropriations:  Highway, District#3 - $132.41 from Maintenance & Operations to Personal Services.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Unscheduled public appearances:  County Clerk Reese told all officers the new Oklahoma Statutes books were in and ready to be picked up.

 

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

 

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

 

                FY 2011/2012 PURCHASE ORDERS:     

                2011-2012 General: 1008, Caskey Pest Control, 52.00, Pest Control; 1009, Staples, 94.65, Supplies; 1010, J & P Supply, 973.78, Blanket for maint.; 1011, Ponca City News, 1142.48, Blanket; 1012, OK Dept. of Public Safety, 350.00, Blanket; 1013, Fleetcor Technologies, 1947.09, Blanket; 1014, Southwest Business Products, 183.51, Blanket; 1015, Embassy Suites - Norman, 154.00, Lodging; 1016, Allegiance Communications, 27.45, Billing; 1017, Staples, 477.84, Printing; 1018, OK Natural Gas, 135.18, Gas delivery; 1019, Circuit Engineering District #8, 76.00, Signs; 1020, Cremation Society Of Oklahoma, 575.00, Charity cremation; 1021, USPS Disbursing Officer, 4698.73, Office lease; 1022, AT&T, 109.50, Billing; 1023, AT&T, 494.05, Billing; 1024, Clearwater Enterprises, 158.08, Gas bill; 1025, Kay Office Equipment, 139.63, Maintenance Agree.; 1026, Galaxie Business, 322.00, Maintenance Agree.; Health: 140, Staples, 90.99, Supplies; 141, Medibadge Inc., 156.50, Stickers; 142, ANCO Services, 2060.00, JANITORIAL SERVICE; 143,

                Richards, Mary, 26.09, Travel; 144, Ponca City Utility Authority, 1030.33, Billing;   Highway: 892, Staples, 59.99, Supplies; 893, Southwest Truck Parts, 492.13, Blanket; 894, Staples, 102.03, Blanket; 895, Action Truck Parts, 998.02, Blanket; 896, Hats Auto Supply, 197.77, Blanket; 897, Action Truck Parts, 500.00, Blanket; 898, Berry Tractor & Equipment, 328.22, Compressor; 899, AMC Urgent Care Plus, 50.00, Drug Test; 900, Moonlight Machine LLC, 60.00, Machine Work; 901, AMC Urgent Care Plus, 50.00, Drug Test; 902, Certified Laboratories, 1884.00, Chemicals; 903, Grant County Dist #3, 3076.28, Crusher Run; 904, Warren Power And Machinery, 693.33, Muffler; 905, J & P Supply, 93.52, Towels; 906, APAC-Central Inc, 2482.83, Rock; 907, BDF Enterprises LTD, 78.60, Pickup; 908, Locke Supply Co., 87.86, Bulbs and ballasts; 909, Bumper To Bumper, 46.68, Cleaning Products; 910, Munn Supply Inc., 75.19, Oxygen; 911, Yellowhouse Machinery Co, 290.49, Hydraulic Fittings; 912, Axle Wheel Aligning, 60.00, Service; 913, AT&T, 118.92, Telephone Service; 914, AT&T, 74.30, Long distance; 915, OK Natural Gas, 22.02, Gas service; 916, City of Blackwell, 616.24, Monthly Utilities; 917, Custom Rope, 1796.85, Tow rope; 918, Kelle Oil Company, 1567.50, Diesel Fuel; 919, Southwest Business Products, 268.12, Water Pump; 920, Blackwell True Value Hardware, 23.35, Tape; 921, Dish Network, 22.00, Satellite service;

                Jail Cash Fund: 35, Muskogee County Detention Cntr, 139.62, Juvenile Detention; 36, Pottawatomie Co Public Safety Ctr, 1050.00, Juvenile Detention; 37, Texas County Juv. Det. Center, 587.20, Juvenile Detention;           PBA: 16, Caskey Pest Control, 44.00, Pest Control;

                Reimburse: 20, Dell Marketing L.P., 778.87, COMPUTER SERVER; Serv.Fee: 139, Applied Concepts, 109.95, RADAR; 140, Law Enforcement System Inc., 459.00, Forms; 141, Sac & Fox Juvenile Detention, 1604.36, Juvenile Detention; 142, Stieber, Jon, 69.53, Cartridges;

                Sheriff Grant Fund: 2, Lam Communications, 4778.75, Radio Equipment; County Sales Tax Fund: 406, ABL Management, 19317.84, Blanket; 407, Kay Office Equipment, 142.70, Blanket; 408, Fuelman Of Oklahoma, 353.58, Blanket; 409, Newkirk Ambulance, 590.00, Ambulance Service; 410, J & P Supply, 727.88, 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 Schieber and seconded by Rowe to adjourn, 9:56 a.m.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye.

 

 

 

 

 

 

 

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Approved this 5th day of December, 2011.

 

 

 

                            _____________________________

                 STEVE AUSTIN, CHAIRMAN

                                         

                                                              _____________________________

                 DEE SCHIEBER, MEMBER

              

                _____________________________

     TYSON ROWE, MEMBER

 

 

 

ATTEST:

 

_________________________________

TAMMY REESE, COUNTY CLERK

COUNTY OF KAY, STATE OF OKLAHOMA

SECRETARY, BOARD OF COUNTY COMMISSIONERS

(SEAL)

 

 

 

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