Monday, October 22, 2012
Kay County Courthouse
Board of County Commissioners (BOCC) of Kay County, Oklahoma, met in regular
session at 9:00 o’clock a.m. on Monday, October 22, 2012, in the Commissioners
Court of the Kay County Courthouse in Newkirk, Oklahoma. Notice of the meeting was posted for public
information on October 19, 2012, at 8:30 a.m. at the Courthouse front door,
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; Jody Burd, Kay County Detention Center Director (KCDCD); Larry Klumpp, OSU Extension; Cheryl Howard, Kay County Election Board Secretary; Ray Ball, Kaw Nation; Sharon Rowen, Ponca City News; Bill Williams and Claude Williams, Taxpayers for Transparency; Representative from Blackwell Journal Tribune; Scott Cloud, Newkirk Herald Journal; Tammy Reese, Kay County Clerk/Secretary. (See sign-in sheet).
Chairman Dee Schieber led the Flag Salute.
Motion was made by Rowe and seconded by Austin to recess to move to Courtroom A. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Rowe and seconded by Austin to reconvene regular BOCC meeting. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Austin and seconded by Rowe approving regular meeting minutes of October 15, 2012. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Report from Tiffany Davis, Oklahoma Court Services: Ms. Davis said a pet food drive was held for the Humane Society and noted this is an ongoing project. She mentioned on November 20, 2012, there will be a Humane Society Work Day and defendants will clean cages, etc.
Julia Curry, Oklahoma Court Services, requested a room at the courthouse on the second Thursday of each month starting in December. She said they would like this space to offer a life skills class or an AA/NA group once per month.
Commissioner Austin said they could use the Community Room (kitchen) in the basement.
District Attorney Brian Hermanson explained to the audience the services provided by the Oklahoma Court Services.
Jail Director Report: Jody Burd, KCDCD, reported the daily inmate count as 170, 127 were arrested and released for the week with 28 over the weekend and 38 in Department of Corrections (DOC). He noted six inmates were sent to DOC.
Motion was made by Rowe and seconded by Austin approving to go out for bid on Election Ballots contract period January 1, 2013 to December 31, 2013. Questions and answers were made. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Austin and seconded by Rowe approving to go out for bid to carpet County Clerk’s office. Questions and answers were made. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Bridge Projects/Circuit Engineering District (
Commissioner Rowe said crew finished pilings on 196 at Tonkawa. He noted Chrysler Road (between 29th Street and 13th Street) would be closed for a few more days. Crew will shell and haul rock between 140th Street and 156th Street on Chrysler Road; he said work has not begun on the dirt issue at this time.
Commissioner Austin said crew tore out head walls on Bridge 53 and he hopes to start repairs soon. He said his crew is hauling dirt to build a road up that always washes out when it rains on Bender Road between Prentice Road and LA Cann.
Motion was made by Austin and seconded by Rowe approving the following September 2012 Kay County Monthly Reports: County Health. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Rowe and seconded by Austin approving the following Resolutions for Disposing of Equipment: Res#12, 13-96, Highway Dist#3, Impact Wrench, junked.
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, 13-100, Highway Dist#1-$15,632.66/Dist#2-$13,060.98-FEMA-4064-DR-OK (Total-$28,693.64). 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-$28,693.64, Dist#1-$15,632.66; Dist#2-$13,060.98; Public Buildings Authority-Health-$186.31. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Larry Klumpp, OSU Extension, presented two different options regarding the purchase of Van for the 4H program. Klumpp expressed he would like assistance from the county to make this purchase.
Commissioner Austin after hearing Klumpp’s requests and options regarding the Van said what you are really asking is for the county to purchase the van. He suggested to Klumpp to make this an agenda item to go out for bid to do so.
Commissioner Schieber noted he checked with other counties and discovered Creek County purchased a vehicle for their local OSU Extension Program.
Klumpp said the title of the vehicle would be under Oklahoma State University and the OSU Extension office would pay for the tag and insurance for the vehicle.
No action was taken on assisting with purchase of Van for 4H Program. County Clerk Reese was told to put going out for bid to purchase a vehicle for the 4H Program on next week’s Agenda.
Kay County Fair Board seeking assistance with location of Kay County Free Fair: Jeff Kubik, President of Fair Board, said the Fair Board has taken action to seek a new location of the Kay County Free Fair; Kubik said moving the location ties into the feasibility study that was done in order to adequately accommodate an Expo Center. He noted the Fair Board wanted assistance from the county to do this.
Commissioner Schieber said he is working on this and will put something on the Agenda in two-three weeks and stated county has to own land.
Commissioner Austin said he would not agree to purchase property before there was a funding source in place. He reiterated, “I will not agree with plan.” Austin said if you run a sales tax and it fails the county cannot support putting on a county fair. He talked about the sales tax in place for the jail and said it is good right now but what happens if the county has to start supplementing the jail again. Austin said the county cannot pay for this and said there is so much involved. He repeatedly said he would not commit county to this kind of expense and he said as a whole it just doesn’t make sense to do. Austin expressed that if the funding source was in place he would not have any problems with what the other two commissioners and the fair board wants to do. He spoke about the counties deficit and financial stability.
Commissioner Schieber said it is the counties obligation to put on a county fair.
Commissioner Austin said the county is statutorily required to run jail but not a county fair.
District Attorney Brian Hermanson mentioned the fair started in Newkirk and was moved to Blackwell. Hermanson stated the law says it needs to be a vote of the people to move the location of the fair and that is going to be my recommendation.
Commissioner Rowe replied that is if it is on county owned land.
Jeff Kubik said the fair board has been given a different opinion and asked what to do if we are not in agreement.
Hermanson said if we don’t resolve and my rule is challenged we will need to seek the Attorney General. He expressed the BOCC would have to have his approval and his opinion is it would take a vote of the people to change permanent location. Hermanson said after speaking with the Election Board Secretary and the County Clerk no record can be found if there ever was a vote. Hermanson said he would be open to review any authority the Fair Board and their Attorney David Cummings may have and would review it to see if it changed his opinion. He ended by saying he has had discussions with David Cummings on this issue before and would be willing to have additional discussions.
Commissioner Schieber said work on a contract with AIP was in place so we can move forward.
Kay County Treasurer Christy Kennedy introduced herself to the audience and said, “I don’t have a dog in this fight but I totally agree with Commissioner Austin that the county cannot afford to put on a county fair without a funding source in place.” Kennedy said she has mentioned these concerns several times privately. She stated we have an obligation to the county and the county cannot afford this.
Unscheduled public appearances:
Cheryl Howard, Kay County Election Board Secretary, said beginning November 2nd in-person absentee voting at the courthouse would begin and Howard asked if the drive in the back of the courthouse would be open for the voters.
Commissioner Schieber said all sidewalks would be done first and said he would talk to construction workers so there won’t be any problems for people coming in to vote.
Commissioner Austin told those in attendance that beginning November 1st through November 11th there would be a display on the first floor lobby. He said it cost Newkirk Main Street $800 to get the “Wall of Honor” of soldiers who were killed and mentioned Newkirk had a soldier that would be on the wall. Austin said on Veteran’s Day there would be a special ceremony and tour.
Frances Bohannon, President of OHCE, said this organization has a building on the current fair grounds they lease from the city. She said the group has to pay heating and electricity and told of repairs that have been made to the building with no help financially. Ms. Bohannon mentioned the building is used more than just at fair time and told of the many uses of the building and the different projects the group does for the community. She asked what would happen if moved and if this group would have a building.
Commissioner Schieber said the BOCC could not respond under this item.
Motion was made by Austin and seconded by Rowe approving to recess to Commissioners Court (9:45 a.m.). Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Austin and seconded by Rowe approving to reconvene regular meeting of the BOCC (9:53 a.m.). Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Austin and seconded by Rowe approving Payroll with warrants to be released on October 30, 2012. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
was made by Rowe and seconded by Austin approving Blanket Purchase Orders. Motion carried: Schieber, aye; Rowe, aye;
was made by Austin and seconded by Rowe approving Maintenance & Operation
Claims. Motion carried: Schieber, aye; Rowe, aye;
FY 2012/2013 PURCHASE ORDERS:
2012-2013 General: 640, Lam Communications, 59.00, Vehicle Maintenance; 641, AMC Urgent Care Plus, 120.00, Drug Testing; 642, Quality Water Service, 116.95, Materials; 643, Wards Air Conditioning, 1383.00, Repairs; 644, OK Dept Of Labor, 125.00, Inspections; 645, City of Newkirk, 5255.39, Billing; 646, OK Court Services Inc, 2750.00, Community Service Coordinator; 647, AT&T Mobility, 11.77, Cell phone bill; 648, Kay County, 543.40, Auto & Tort Liability Ins; 649, AT&T U Verse, 85.00, Internet Service; 650, IAAO, 175.00, Membership dues; 651, Kay Office Equipment, 27.61, Maintenance Agree.; 652, Fry, Nancy P., 117.66, Travel; Health: 109, Parker Pest Control, 178.00, Pest Control; 110, Moore Medical Corp., 170.04, Sharps Collectors; 111, J & P Supply, 281.54, Paper towels; 112, Southwest Business Products, 172.50, Copy Paper; 113, J & P Supply, 21.17, Paper towels; 114, Southwest Business Products, 551.88, Supplies; 115, AT&T, 414.18, Phone Service; 116, AT&T, 282.11, Long distance-Blackwell; 117, Centerpoint Energy Arkla,
30.47, Gas for Blackwell office; 118, City of Blackwell, 499.05, Electric for Blackwell; 119, Outpatient Surgical Center, 122.60, sterilization services; 120, Language Line Services, 113.85, Language Line Service; 121, ANCO Services, 2085.00, Janitorial Services; 122, OK Natural Gas, 109.72, Gas usage For Ponca; 123, Wehunt, Amy, 47.73, Travel; 124, AT&T Mobility, 395.13, Monthly cell bill; Highway: 574, John Deere Company, 6343.79, Mower; 575, Staples, 379.99, Printer; 576, Grant County Dist #3, 5485.91, Crusher Run; 577, APAC-Central Inc, 1044.74, Crushed rock; 578, M K Crushing Llc, 4704.35, Crushed rock; 579, Circuit Engineering District #8, 1002.00, Materials; 580, Kelle Oil Company, 499.64, Tires; 581, P & K Equipment, 139.44, Parts; 582, AT&T, 201.73, Phone charges; 583, City of Blackwell, 576.81, electric bill; 584, AT&T, 138.55, Phone charges; 585, Southwest Truck Parts, 120.00, Wheel; 586, Cross Oil, 24754.98, Fuel; 587, Cross Oil, 21291.43, Diesel Fuel; 588, Rick's Service Center & Discount Tire, 38.50, Tire repair; 589, Kay County, 6653.16, Auto & Tort Insurance; 590, Kay County, 5234.00, Property Ins; 591, Blackwell True Value Hardware, 94.33, Valves; 592, AT&T, 98.74, Long Distance Service; 593, Kelle Oil Company, 397.82, Tire repair; 594, Blackwell True Value Hardware, 20.99, Flood lamps; 595, Schieber, Dee, 112.11, CED Meeting; 596, Austin, Steve, 106.56, Mileage; PBA: 9, Kay County, 741.00, Property Ins; Reimburse: 16, Staples, 289.68, Supplies; 17, Visual Solutions, 25.00, Holes punched; Serv.Fee: 83, Ryan G Jenkins Consulting, 1500.00, Computer Services; 84, Canadian County Juvenile Center, 347.58, Juvenile Detention; 85, Fleetcor Technologies, 1925.02, Blanket; 86, Westside Animal Clinic LLC, 150.57, Dog food; Use Tax: 3, Smith & Oakes Inc, 9517.50, Surveying; County Sales Tax Fund: 270, Quality Water Service, 387.25, Water; 271, Kay Office Equipment, 128.66, Blanket; 272, Verizon Wireless, 227.83, Blanket; 273, American Telephone Inc., 418.25, Repairs; 274, Kuhn Mechanical Inc, 190.00, Repairs; 275, OK Natural Gas, 941.43, Gas bill; 276, Southwest Paper, 1342.59, 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 Rowe to adjourn, 10:04 a.m. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Approved this 29th day of October, 2012.
DEE SCHIEBER, CHAIRMAN
STEVE AUSTIN, MEMBER
SECRETARY, BOARD OF