Monday, October 29, 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, October 29, 2012, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on October 26, 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; Marilee Thornton, Kay County Court Clerk; Jody Burd, Kay County Detention Center Director (KCDCD); Larry Klumpp, OSU Extension; Cheryl Howard, Kay County Election Board Secretary; Sharon Rowen, Ponca City News; Bill Williams and Claude Williams, Taxpayers for Transparency; 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 Austin and seconded by Rowe approving regular meeting minutes of October 22, 2012.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye.

 

Jail Director Report:  Jody Burd, KCDCD, reported the daily inmate count as 180, 35 were arrested and released over the weekend and 40 in Department of Corrections (DOC). 

 

Motion was made by Rowe and seconded by Austin approving Agreement by and between the BOCC and Valerie Settles for remote terminal capabilities with the Kay County Assessor’s office.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye.

 

Motion was made by Rowe and seconded by Austin approving to go out for bid to purchase Van for the 4H program.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye.

 

Kay County Home Finance Authority account and monies:  Commissioner Schieber said he would like to transfer money out of the account to be used to pay for the new sidewalks and driveway around the courthouse; he said he would like to close out the accounts so the county does not have to pay yearly audits. 

 

Commissioner Austin questioned closing account because that money is a good backup source and it’s harder to access.

 

County Clerk Reese said the county is obligated to at least two more audits; audit for Fiscal Year (FY) 2011/2012 and FY 2012/2013.

 

District Attorney Brian Hermanson said no action could be taken with current wording on the Agenda item.

 

No action was taken.

 

Courthouse Smoking Shelter:  County Clerk Reese said she was not sure what the commissioner’s intentions were but expressed her concern about the counties financial situation.  She commented there are a lot of things going on that will cost the county a lot of money and asked commissioners to please consider before making a decision on this item.

 

Commissioner Austin questioned what type of shelter and ended by saying he is not willing to do this at this time.

 

Anton Epp, Ponca City resident, mentioned he had to quit smoking when he was 35 years old and suggested courthouse smokers quit as well.

 

No action was taken.

 

Roads and Bridge Projects/Circuit Engineering District (CED) No. 8 Road and Bridge projects:  Commissioner Schieber mentioned the dry weather and said crews would be taking out trees.

 

Commissioner Rowe said crew is putting in beams on 196th Street in Tonkawa and hopes to get deck poured by the end of the week.  He noted crew would be shelling Chrysler; he said crew would begin digging out ditches that got hit with the dirt storm and crew would start building up secondary roads.  Rowe told Undersheriff Kelley to watch 192nd Street for speeding due to condition of roads.

 

Commissioner Austin said crew is out with graders grading roads.  He mentioned crew is fixing washed out places on Chilocco Bridge between Indian and Judo Road on LA Cann and noted it should be finish today.

 

BOCC seeking outside legal counsel with Derryberry & Naifeh, LLP, for all Kay County Free Fair issues and possible signing of a contract:  Commissioner Schieber said we have two attorney’s with two different opinions and Schieber said he would like to get a third opinion.

 

Commissioner Austin asked who was going to pay for this and Schieber replied the county.

 

DA Hermanson said he would not approve.  Hermanson told the BOCC he was their legal advisor and noted the statutes are very clear on this.  Hermanson told the BOCC he must approve any contract that BOCC signs and told BOCC he would not approve. He stated if this would end up in litigation he would have to defend the county because he is the counties legal counsel.

 

Commissioner Rowe started talking about a statute regarding a 50 year lease.  DA Hermanson told Rowe he was talking about a different statute.

 

Commissioner Schieber said we will not take any action for now.

 

Anton Epp, Ponca City resident, told the BOCC as a property owner of Kay County he did not want to see the affairs of this county turned over to a third party attorney.  He said he would be willing to serve as a volunteer on a fair board committee and made suggestions regarding a possible regional fair.

 

No action was taken. 

 

Motion was made by Austin and seconded by Rowe approving the signing lease/purchase and financing documents with Warren Cat for lease of six graders, D#2 Bid#2012-45 (bid opened 10-1-12).  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Rowe and seconded by Austin approving Resolution#12, 13-107 for EC 1426 Concerning Bridge Inspection Responsibility by Local Government for Compliance with National Bridge Inspection Standards, Bridge Inspection Contracts for April 2013 to April 2016; BOCC choose to go with CED#8.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Rowe and seconded by Austin approving the following the following Public Service/Pipeline Crossing Line Installations for Dist#3:  Select Energy Services, LLC, Water Installation-parallel- SW4/SW4 S21 T25N R2W ending SE4/SE4 S32 T25N R2W; Select Energy Services, LLC, Water Installation-parallel- SW4/SW4 S21 T25N R2W ending SE4/SW4 S34 T25N R2W; Select Energy Services, LLC, Public Service/Pipeline Crossing Line Installation Water Installation-parallel- SW4/SW4 S28 T25N R2W ending SW4/SE4 S14 T25 R1W; International Energy Corp., Public Service/Pipeline Crossing Line

 

Installation (2) Gas/Oil Trench Installation, NE4/NW4 S20 T25N R1E ending NE4/SW4 S21 T25N R1E; Gas/Oil Trench Installation, SE4/NE4 S19 T25N R1E ending SW4/NW4 S20 T25N R1E.  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, 13-106, Highway Dist#2, Six (6) Graders, traded.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Rowe and seconded by Austin approving the following Resolutions to Deposit Funds:  Res#12, 13-101, Highway Dist#3, Ponca Iron & Metal, Inc.-$596.85, sale of scrap iron; Res#12, 13-102, Highway Dist#3, Select Energy Services, LLC - $750.00, Public Service/Pipeline Crossing Line Installation Water Installation-parallel- SW4/SW4 S21 T25N R2W ending SE4/SE4 S32 T25 R2W; Res#12, 13-103, Highway Dist#3, Select Energy Services, LLC-$2,000.00, Public Service/Pipeline Crossing Line Installation Water Installation-parallel- SW4/SW4 S21 T25N R2W ending SE4/SW4 S34 T25 R2W; Res#12, 13-104, Highway Dist#3, Select Energy Services, LLC-$2,000.00, Public Service/Pipeline Crossing Line Installation Water Installation-parallel - SW4/SW4 S28 T25N R2W ending SW4/SE4 S14 T25 R1W; Res#12, 13-105, Highway Dist#3, International Energy Corp-$3,000.00, Public Service/Pipeline Crossing Line Installation (2) Gas/Oil Trench Installation, NE4/NW4 S20 T25N R1E ending NE4/SW4 S21 T25N R1E and Gas/Oil Trench Installation, SE4/NE4 S19 T25N R1E ending SW4/NW4 S20 T25N R1E.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Austin and seconded by Rowe approving the following Cash Fund Estimate of Needs and Request for Appropriations:  County Sales Tax-$4,076.87; County Sales Tax-$61,900.22; Highway Dist#3-$8,346.85.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Motion was made by Rowe and seconded by Austin approving the following Transfer of Appropriations:  Highway Dist#3 Maintenance & Operations (M&O)-$700.00 to Capital Outlay.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye. 

 

Unscheduled public appearances: Kay County Treasurer Christy Kennedy referred to an article she read in the paper.  She said she would like clarification on a comment made by Commissioner Schieber saying the county makes money off the fair.  Kennedy said $35,000.00 from the county budget was given to the fair board, but she stated, as of yet she has never receipted in any money coming in from proceeds of the fair.

 

Jeff Kubik, President of the Kay County Free Fair Board, told the money made from the fair goes into the fair board account.

 

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 Schieber approving Maintenance & Operation Claims.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye.

 

FY 2012/2013 PURCHASE ORDERS:

                2012-2013 General: 762, Fuelman Of Oklahoma, 1985.46, Fuel; 763, Walmart Community, 305.52, Blanket For Supplies; 764, Holiday Inn Express & Suites, 89.00, Lodging; 765, Imprimatur Press, 794.00, LIBRARY SUPPLIES; 766, Staples, 208.47, Barcode scanner; 767, Southwest Business Products, 184.80, Copy Paper; 768, Southwest Business Products, 3.62, Highlighters; 769, Southwest Business Products, 5.65, Cds; 770, Merrifield Office Plus, 747.96, Ink Cartridges; 771, Merrifield Office Plus, 158.10, Paper; 772, Oklahoma Mailing Equipment, 224.00, Postage Machine Supplies; 773, Galaxie Business, 75.66, Copier contract; 774, USPS Disbursing Officer, 4839.69, Office lease; 775, Allegiance Communications, 37.44, Billing; 776, Merrifield Office Supply, 381.00, Copy Paper; 777, Duroy, Tiffany Ann, 133.20, Travel; 778, STC, 214.00, Copier contract; 779, OK Natural Gas, 96.13, Billing; 780, Newkirk Mini-Storage, 6.00, Storage rental; 781, Texas County Juv. Det. Center, 176.16, Juvenile Detention; 782, AT&T, 494.05, Internet Service; 783, Purdy, Carol A., 28.65, Meals;

 

784, Hobbs, Karen L., 30.22, Meals; 785, Miller, Heather J., 33.88, Meals; Health: 125, Positive Promotions, 1649.35, Monthly Planners; 126, Juniors Locks & Alarms, 15.00, Keys; 127, Bricktown Hotel & Convention Center, 179.94, Hotel Accomadations; 128, Oklahoma State Department Of Health, 40153.68, Payroll; 129, Ana Beets, 186.86, Travel; 130, Kay County, 4427.00, Property Ins; 131, Ponca City Utility Authority, 1390.20, Electric Usage; 132, Cintas Document Management, 25.00, Shredding; Highway: 658, Newkirk Auto Parts, 987.35, Parts; 659, Staples, 129.42, Office Supplies; 660, Hats Auto Supply, 216.18, Parts; 661, G & B Auto, 486.50, Blanket; 662, Interstate Battery System Of Tulsa, 100.95, Blanket; 663, Grant County District #3, 5439.81, Crusher Run; 664, Ponca City Publishing  Co. Inc, 36.00, Billing; 665, Native Heritage Preservation Assoc, 2450.00, Field Work; 666, Grissoms Llc, 312.66, Parts; 667, Yellowhouse Machinery Co, 1306.60, Parts; 668, Southwest Business Products, 115.13, Office Supplies; 669, Cross Oil, 20389.87, Diesel Fuel; 670, OCT Equipment, 114.08, Latch; 671, Zee Medical Inc., 229.15, Medical Supplies; 672, AT&T, 135.12, Telephone Service; 673, John Deere Credit, 1826.72, Drivesmart; 674, Circuit Engineering District #8, 296.00, Signs; 675, Owen Auto Supply, 289.44, Binder; 676, Ponca City Utility Authority, 520.30, electric bill; 677, Farm Plan, 33.04, Valves; 678, Rick's Service Center & Discount Tire, 90.00, Tire repair; 679, Rowe, Tyson G, 301.92, Travel; 680, Southwest Truck Parts, 9.22, Parts; 681, OK Natural Gas, 20.20, Gas service; 682, Lock Shop, 4.00, Keys; 683, Schieber, Dee, 148.74, Travel; 684, Blackwell Auto Parts, 10.89, Hose; 685, BDF Enterprises LTD, 68.30, Filter Service; 686, S & K Direct Steel LLC Inc, 28.00, Oxygen; 687, BDF Enterprises LTD, 77.75, Cleaning; 688, Cross Oil, 98.00, Nozzles; 689, OK Natural Gas, 38.51, Billing; 690, Circuit Engineering District #8, 210.00, Posts; 691, Hotsy of Oklahoma Inc., 303.00, Service call; 692, OK Natural Gas, 41.70, Gas service; PBA: 10, Bagg, Jack, 800.00, Contractual Services; PBA HEALTH: 4, Bank Of The West, 7960.13, Loan Payment; Serv.Fee: 99, Special-Ops Uniforms, 453.91, Uniforms; 100, Watchguard Video, 114.00, Dvds; 101, Watchguard Video, 218.00, Dvds; 102, Galls, 32.29, Belts and keepers; 103, Galls, 150.49, Lights; 104, Spirit Shop, 584.45, Shirts; 105, Kay County Detention Center, 900.00, Router;  Use Tax: 4, River Ridge Construction Llc, 13588.32, Concrete Pour & Finish; 5, Keathly Nursery & Landscape, 2527.00, Bermuda Sod For Courthouse Parking Lot Project; County Sales Tax Fund: 334, Ponca Body & Paint, 14920.18, Repairs; 335, AT&T, 493.47, Blanket; 336, Fuelman Of Oklahoma, 275.09, Blanket; 337, Fuelman Of Oklahoma, 307.73, Blanket; 338, Opportunity Center Inc., 480.50, Printing; 339, Fuelman Of Oklahoma, 559.81, Fuel; 340, Houser Hardware, 568.00, Supplies; 341, Southwest Business Products, 277.39, Supplies; 342, AT&T, 375.25, Router; 343, Pioneer Fire And Safety, 60.00, Inspections

 

            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, 9:57 a.m.  Motion carried:  Schieber, aye; Rowe, aye; Austin, aye.

 

 

 

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Approved this 5th day of November, 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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