Monday, July 23, 2012

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, July 23, 2012, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on July 20, 2012, 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 Dee Schieber called the meeting to order.  Those present were as follows: Steve Austin, 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; Jody Burd, Kay County Detention Center Director (KCDC); Cheryl Howard, Kay County Election Board Secretary; Larry Klumpp, OSU Extension; Ray Ball, Kaw Nation; Roger L. Ediger, P.C.; Scott Cloud, Newkirk Herald Journal; Patsy Leyva, Deputy Kay County Clerk/Secretary.  (See sign-in sheet). 

 

Chairman Dee Schieber led the Flag Salute.

 

Motion was made by Rowe and seconded by Austin approving regular meeting minutes of July 16, 2012.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Jail Director Report:  Jody Burd, KCDCD, reported 192 for the daily inmate count, 62 arrested and released over the weekend, 141 for the week and 49 in DOC.  Burd noted the count for the week was up due to a warrant sweep that was performed.  He said trustees helped with clean-up on the 101 Ranch Arena and at Bridgeway; Bridgeway will donate to the KCDC facilities arts and crafts department.

 

Roads and Bridge Projects, Circuit Engineering District (CED) No. 8: Commissioner Schieber mentioned he had a State CED Board Meeting to attend on Wednesday.  Commissioner Rowe said crew finished pipes on 44th Street and noted two bridges on 92nd Street are finished except for rock and shale.  Commissioner Austin said concrete was poured on Traders Bend Road on the low water crossing.  Austin said Channel 4 was coming to do a story when beams get set on Earth Road because of using the Cross Town Beams from the Oklahoma City area.

 

Roger L. Ediger, P.C. with Mitchell & DeClerck, P.L.L.C. Attorneys At Law located in Enid, discussed the Fannie Mae & Freddie Mac law suit for not paying taxes.  He noted 10 states commissioners have filed similar suits against Fannie Mae & Freddie Mac.  Ediger said Oklahoma has not collected transaction taxes regarding the Fannie Mae & Freddie Mac cause (exempt/not exempt). He then mentioned there would be no fees due from the county unless awarded by court; county would not pay anything if case is lost.  If the case is won payment would be taken out of the settlement or judgment and would go back five (5) years to collect on taxes and counties would have income in the future with Fannie Mae & Freddie Mac.  He said this is a Federal Case not a State Case.  Ediger noted if several law suits are filed across the country this law suit could be consolidated into one case.  He said if Kay County files a class action he would like to have more than one class member going into this class action.  Ediger said this is a transaction tax on selling of property and referenced Oklahoma Statute Title 68 Section 3201.  Questions were asked by District Attorney, Commissioners and County Officers.

 

Motion was made by Rowe and seconded by Austin approving to enter into law suit against Fannie Mae & Freddie Mac for not paying taxes.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Austin and seconded by Rowe approving Contract for Pictometry in the amount of $61,000.00.  Assessor Carol Purdy explained the City of Blackwell and Tonkawa and Kaw Nation would reimburse their portion of the $61,000.00 and noted Ponca City paid their part.   Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Austin and seconded by Rowe to rescind original motion regarding Pictometry Contract.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

Motion was made by Austin and seconded by Rowe approving Contract (Agreement Between Pictometry International Corp. and Kay County) for Pictometry in the amount of $61,000.00 to be paid out of Use Tax Account.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Rowe and seconded by Austin approving Contract for Pictometry in the amount of $3,000.00 to be paid out of Use Tax Account.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Austin and seconded by Rowe approving Agreement between the BOCC and Margaret Parrish as Subscriber for remote terminal capabilities in the Assessor’s Office.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Austin and seconded by Rowe approving Contract by and between the Kay County Health Department and Outpatient Surgical Center of Ponca City.   Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

No action was taken on ACCO-SIG 2012-2013 Property & Liability and payment options (approved in a previous meeting).

 

No action was taken on ACCO Workers Compensation FY2012-2013 (approved in a previous meeting). 

 

Motion was made by Rowe and seconded by Austin approving the following Public Service/Pipeline Crossing Line Installations:  Select Energy located SE4/SE4 S34 T25N R2W ending SW4/SW4 S32 T25N R2W Dist#3.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Austin and seconded by Rowe approving the following Resolutions to Dispose of Equipment:  Res#12, 13-30, Treasurer’s Office, HP Color Laser Jet 4600DN Printer, Junked.   Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Rowe and seconded by Austin noting the Monthly Report of Officers for June 2012:  Court Clerk-Blackwell, Newkirk and Ponca City; Health Department.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Austin and seconded by Rowe approving the following Resolutions to Deposit Funds:  Res#12, 13-27, Highway Dist#3-$1,000.00, Public Service/Pipeline Crossing Line Installation; Res#12, 13-28, Highway Dist#3-$23,199.00, sale of 1990 JD770B MG (Bid#2012-29); Res#12, 13-29, Highway Dist#1-$23,039.50, BIA, Hubbard Bridge#105 Road Project.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Rowe and seconded by Austin approving the following Cash Fund Estimate of Needs and Request for Appropriations:  Highway-D#3-$1,000.00; Highway-D#3-$23,199.00; Highway-D#1-$23,039.50; Highway, Dist#1-$33.97; CBRI 105C-$120.14; County Improvement-$.51; Highway-$322,387.62.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Schieber and seconded by Austin approving the Transfer of Appropriations:  CBRI 105C-$58,229.89 to H3101-83 ETR Bridge Account; Highway, Dist#1-$400.00, Maintenance & Operations to Travel; Highway, Dist#1-$8,415.96 Maintenance & Operations to Lease Purchase.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Unscheduled Public Appearances:  DA Hermanson complimented County Clerk Reese on a decision she made based in the Open Records Act refusing a request for electronic copies of the tract indexes.  Hermanson said that decision was confirmed by a recent Supreme Court opinion.

 

Hermanson said he had tickets available for all interested in attending the steak dinner in support of the Ponca City Fire Department.  He also invited those in attendance to the Republican meeting to be held on Thursday, July 26, 2012, to meet the new Oklahoma Speaker Elect of the House T.W. Shannon and OKGOP Chairman Matt Pinnell.

 

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

 

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

 

FY 2011/2012 PURCHASE ORDERS

            2011-2012 General: 2576, Rogers Oil Co., 195.00, Blanket; 2577, Valero Short Stops, 247.29, Fuel; 2578, Quality Water Service, 53.50, Water; 2579, Fleetcor Technologies, 1699.95, Fuel; 2580, Staples, 36.99, Office Supplies; 2581, Legacy Signs Banners, 640.00, Banner; 2582, Ink Technologies LLC, 343.00, Cartridges; 2583, Staples, 281.94, Office Supplies; Health: 457, Carol Rickards, 168.75, Nursing; 458, AT&T Mobility, 255.55, Billing; 459, Language Line Services, 124.25, Billing; 460, AT&T, 186.82, Long distance; Highway: 2408, Staples, 42.15, Supplies; 2409, Ranchers Supply Co, 248.00, Parts; County Sales Tax Fund: 1036, Farha Wholesale Co., 241.94, Supplies; 1037, ABL Management, 22000.00, Blanket; 1038, Fuelman Of Oklahoma, 450.00, Blanket For Fuel; 1039, Quality Water Service, 98.50, Blanket; 1040, Newkirk Ambulance, 550.00, Ambulance Service;1041, ABL Management, 2000.00, Meal Service

FY 2012/2013 PURCHASE ORDERS

                2012-2013 General: 23, Fleetcor Technologies, 294.38, Fuel; 24, Holiday Inn, 99.00, Lodging; 25, Houser Hardware, 150.00, Antenna; 26, Southwest Business Products, 20.20, Stamp; 27, AT&T Mobility, 14.96, Billing; 28, AT&T U Verse, 85.00, U-Verse Internet; 29, Sac & Fox Juvenile Detention, 1266.60, Juvenile Detention; 30, Youth Services Of Osage County Inc, 811.50, Juvenile Detention; 31, Canadian County Juvenile Center, 579.30, Juvenile Detention; Health: 3, AT&T, 376.81, Billing; 4, ANCO Services, 4428.50, Janitorial Services; Highway: 42, Action Truck Parts, 499.01, Parts; 43, River Ridge Construction Llc, 10745.00, Concrete Pour & Finish; 44, J & P Supply, 213.82, Paper Products; 45, Kay Office Equipment, 15.00, Ribbons; 46, Evans & Associates, 6447.02, Bridge Repair; 47, Sunbelt Equipment & Supply, 16621.13, Pipe; 48, BDF Enterprises LTD, 244.60, Filter Service; 49, BDF Enterprises LTD, 59.70, Filter Service; 50, G & B Auto, 1297.24, Tires; 51, Logan County Asphalt Co., 1075.00, Asphalt; 52, Logan County Asphalt Co., 1075.00, Asphalt; 53, Kay Office Equipment, 5919.75, Copier; 54, Southwest Truck Parts, 717.36, Parts; 55, Take Ten Tire, 127.40, Repairs; 56, P & K Equipment, 20.69, Parts; 57, Power Plan, 102.08, Parts; 58, AT&T, 136.65, Billing; 59, AT&T, 109.48, Billing; 60, Schieber, Dee, 112.11, Mileage; 61, OK Natural Gas, 24.10, Billing; 62, Austin, Steve, 104.90, Mileage;

                Reimburse: 4, G & B Auto, 12.00, Repairs; 5, Southwest Business Products, 89.43, Tubes;

                County Bridge & Road Improvement: 2, Sunbelt Equipment & Supply, 32624.64, Bridge Materials; 3, Sunbelt Equipment & Supply, 35831.26, Bridge Materials; County Sales Tax Fund: 7, Fuelman Of Oklahoma, 400.82, Fuel; 8, AT&T, 375.25, Router; 9, Southwest Paper, 497.54, Supplies; 10, ACCO, 46979.00, Workers Comp; 11, ACCO, 91291.00, Property Ins; 12, Ok Employment Security Commission, 470.40, Unemployment; 13, OK Natural               Gas, 1025.21, Billing

 

            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 Rowe and seconded by Austin to adjourn, 10:06 a.m.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye.

 

 

 

 

 

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Approved this 30th day of July, 2012.

 

 

 

 

 

 

 

                           _____________________________

                 DEE SCHIEBER, CHAIRMAN

                                        

                                                              _____________________________

                 STEVE AUSTIN, 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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