Monday, November 19, 2012
Kay County Courthouse
The Board of County Commissioners (BOCC) of
Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, November
19, 2012, in the Commissioners Court of the Kay County Courthouse in Newkirk,
Oklahoma. Notice of the meeting was
posted for public information on November 16, 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; Everette Van Hoesen, Kay County Sheriff; Larry Klumpp, OSU Extension; Bill Williamson and Claude Williamson, Taxpayers for Transparency; Sharon Rowen, Ponca City News; 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 November 13, 2012. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Rowe and seconded by Austin to recess to Courtroom A on the second floor (9:07 a.m.). Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Rowe and seconded by Austin to reconvene into BOCC meeting. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Austin and seconded by Rowe approving to enter into a special meeting of the Kay County Public Buildings Authority (9:10 a.m.). Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Austin and seconded by Rowe approving to reconvene into regular meeting of the BOCC (9:35 a.m.). Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Austin and seconded by Rowe approving adoption of a Resolution approving the execution of a Ground Lease Agreement between Pioneer Technology Center (PTC) School District No. 13 and the Kay County Public Buildings Authority and a Lease/Purchase Agreement between said Authority and said School District; and containing other provisions relating thereto. Attorney David Cummings noted the trust (the BOCC) is not the issuer of the debt that PTC is. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
No Jail Director Report was given.
Bridge Projects/Circuit Engineering District (
Commissioner Rowe noted piling is on Bridge 196B and it is opened and said his crew would also be blading roads this week. He mentioned Evans & Associates would be finishing up on 13th Street with the final overlay cap.
Commissioner Austin said concrete would be poured on sidewalls today and pouring caps tentatively on Wednesday at River Road. He mentioned the problems he is having with people not paying attention to road signs and how they are getting through a road that is shutdown.
Motion was made by Rowe and seconded by Austin designating the following amended dates as holidays for the calendar year 2013. The correction was on January 1, 2013, New Year’s Day, previous day was listed as Monday and the correct day is Tuesday. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Purchasing real property for a temporary fairground: County Clerk Reese said her concern is strictly a county concern she said we as elected officials have a fiduciary obligation to the citizens of this county and said she doesn’t think it is being very responsible to do this without an Attorney General’s opinion.
Commissioner Schieber said you can purchase to make it a temporary place.
District Attorney Hermanson quoted out of Oklahoma Statute’s Title 2 regarding how property can be purchased and mentioned vote of bond issue as an option. Hermanson said changing the wording to temporary did not change his opinion. He cited parts of Title 2 Section 15.91, out of the proceeds of the sale of the bonds, the board of county commissioners shall purchase lands and construct buildings for the county free fair. Hermanson continued with Title 22 and said no matter what title you put it under if land was already owned you could move it, but stated you cannot do without doing a bond. Hermanson cautioned the BOCC saying he spoke with Carol Purdy, Kay County Assessor, about State Question 766 and the effect it could have on the county. He was told by the Assessor there is no way of knowing at this time but she told him approximately $50 million is collected off of Public Service each year (statewide) and she felt Kay County could be losing an substantial amount.
Commissioner Austin questioned purchasing a temporary site and asked then are you going to turn around and buy it again. He mentioned the Fair Board did not renew the contract with Blackwell even though it was the second most successful fair. Austin said it was irresponsible for the Fair Board to pull the fair out of Blackwell when they do not have another plan in place. He said he would not commit the county to an unforeseen expense and reiterated the county does not have the money to do this. He repeated he is not against what their wanting to do but wants it done correctly.
Schieber said the jail land was bought before a sales tax passed and said Fair Board needed land in place before going out for a tax.
DA Hermanson told Schieber that is why he recommended contingency options to purchase land. Hermanson said even if you could legally purchase the ground the county would have to use a bond for improvements.
Christy Kennedy, Kay County Treasurer, said her concerns were strictly financial. Kennedy said she was concerned about the financial impact and legal issues. She asked about Plan B and asked to see the Fair Boards financials; what the fair has done in the past, etc. Kennedy noted as an official she didn’t know and was not being told what was going on or what the county would be paying for. As county officials we are held responsible and we don’t know what Plan B is? BOCC needs to address our concerns.
Hermanson mentioned under Title 2 that the only way board of directors of the fair board could buy or lease ground would be with money they have raised.
Gerald Schumaker, Blackwell, asked why BOCC is trying to fix something that is not broken and how the county was going to finance a fair. He stated we don’t want more taxes and mentioned the current tax rate in Blackwell.
Mayor Mark Cordell, Blackwell, said his concern is the fiduciary responsibility of the BOCC. He said the site has been available for 90 plus years and would welcome it back.
No action was taken on purchasing real property for a temporary fairground.
Motion was made by Rowe and seconded by Austin approving two (4) Public Service/Pipeline Crossing Line Installations for PetroQuest Energy, LLC: 1) SE SE S5 T27N R2W temporary water & gas lines underneath 124th Street ending SW SW S4 T27N R2W, 2) SE SE S6 T27N R2W temporary line through existing culvert under 140th Street ending SW SW S5 T27N R2W, 3) SE SE S4 T27N R2W temporary line through existing culvert under Brake Road ending NE NE S9 T27N R2W, 4) NE NE S9 T27N R2W temporary line through existing culvert unders 108th Street ending NW NW S10 T27N R2W, Dist#3. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Austin and seconded by Rowe approving the following Resolutions for Disposing of Equipment: Res#12, 13-119, Assessor’s Office, printer, donating. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Rowe and seconded by Austin approving the following October 2012 Monthly Reports: Assessor; Sheriff; Court Clerk. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
No Resolutions to Deposit Funds were presented. No action taken.
Motion was made by Austin and seconded by Rowe approving the following Cash Fund Estimate of Needs & Request for Appropriations: Public Buildings Authority Health-$159.11; Use Tax Collections-$31,728.37; Visual Inspection Reimbursement-$1,017.03; CBRI 105C-$24,066.73; County Improvement-$.40; Highway-$9.76; CBRI 105C-$42.99. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Motion was made by Rowe and seconded by Austin approving the following Transfer of Appropriations: Sheriff Maintenance & Operations (M&O)-$6,000.00 to Overtime; Use Tax M&O-$23,000.00 to Capital Outlay. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
No action was taken on County Sales Tax ST Personal Service-$12,000.00 to ST Part-time.
Unscheduled Public Appearances: Jeff Kubik, Kay County Fair Board President, said the fair board has a strong desire regarding the future of the fair. He talked of issues that happened this time last year and the problems the fair board had with Blackwell. He noted the fair board did not employ Blackwell Chamber of Commerce this past fair. Kubik referred to a cover letter from the City of Blackwell and mentioned they have contacted other carnivals. He reiterated the problems the fair board has had with Blackwell and said this was just a reflection of what the fair board has had to deal with. He said the fair board would like to have a county owned facility; he mentioned all the fair board has now is a temporary owned site and that is all they are looking for at this time. Kubik ended by saying there is no record the county has ever taken on a permanent site.
No action was taken on Payroll with warrants to be released on November 20, 2012.
was made by Austin and seconded by Rowe approving Blanket Purchase Orders. Motion carried: Schieber, aye; Rowe, aye;
was made by Rowe and seconded by Austin approving Maintenance & Operation
Claims. Motion carried: Schieber, aye; Rowe, aye;
FY 2012/2013 PURCHASE ORDERS:
2012-2013 General: 972, Kansas Turnpike Authority, 19.75, Tolls; 973, Okla. Juvenile Justice SVCS, 1767.76, Juvenile Detention; 974, OK Dept. of Public Safety, 350.00, Blanket; 975, Southwest Business Products, 269.10, Envelopes; 976, MTM Recognition, 166.00, Shirts; 977, Southwest Business Products, 52.50, Office Supplies; 978, GT Distributors Inc., 676.10, Tasers/Cartridges; 979, Southwest Business Products, 58.18, Battery Backup; 980, Merrifield Office Supply, 59.46, Calendars & Appt. Books; 981, Southwest Business Products, 43.97, Calendars & Appt. Books; 982, AT&T Mobility, 9.47, Monthly cell bill; 983, Southwest Business Products, 385.59, Letter Opener; 984, Zee Medical Inc., 187.10, Medical Supplies; 985, Ok Cooperative Extension Service, 8077.00, Contractual Services; 986, AT&T, 158.13, Monthly phone bill; 987, Fry, Nancy P., 228.73, travel for school; 988, Ratliff, Maribeth, 188.76, travel for school; 989, Stephens, Carole, 60.00, travel for school; 990, Ponca City News, 84.00, Subscription; 991, Eastman National Bank, 2720.00, Fair Workers & Superintendants; 992, Reese, Tammy, 21.94, Travel; 993, Grigsba, Sean S, 754.02, Payroll; 994, Hand, Chris, 438.82, Payroll; 995, Landis, Michael K, 350.00, Payroll; 996, Learned, W Lewain, 1214.12, Payroll; 997, Stieber, Jon M, 120.00, Payroll; 998, Wathor, Shannon D, 355.01, Payroll; 999, Payroll Tax Account, 1815.99, Payroll;
Health: 150, Walmart Community BRC, 150.08, Blanket; 151, Younger-Holmes Electrical Contractors, 169.20, Ballasts; 152, J & P Supply, 65.68, Toilet Tissue; 153, NCS Pearson Inc, 70.00, Record Response Forms; 154, Southwest Business Products, 167.12, Toner Cartridges;
155, AT&T, 949.08, Monthly Phone Service; Highway: 809, Lampton Welding, 407.10, Supplies; 810, Southwest Truck Parts, 463.62, Parts; 811, Brandts, 199.63, Blanket; 812, G & B Auto, 230.00, Blanket; 813, AMC Urgent Care Plus, 75.00, Drug Testing; 814, Dell Marketing L.P., 271.92, Ink Cartridges; 815, J & P Supply, 176.40, Toilet Tissue; 816, Circuit Engineering District #8, 192.00, Signs; 817, Harlands Diesel, 89.25, Diagnostic check; 818, Southwest Truck Parts, 996.05, Supplies; 819, Kelle Oil Company, 700.00, Tires; 820, G & B Auto, 2332.50, Tires; 821, C Johnstone Llc, 150.00, Repairs; 822, Kay Electric Cooperative, 314.49, Billing; 823, BDF Enterprises LTD, 44.70, Pickup; 824, AT&T, 75.12, Long distance; 825, AT&T, 119.97, Telephone Service; 826, Case, Brenda, 11.70, Reimburse For Expenses; 827, Rowe, Tyson G, 133.20, ACCO Conference; 828, Schieber, Dee, 172.61, Travel; 829, Austin, Steve, 183.71, ACCO Conference;
Jail Cash Fund: 6, AT&T Mobility, 501.48, Internet Service; Reimburse: 19, Staples, 264.94, Office Supplies; 20, Southwest Business Products, 199.99, Battery Backup; Serv.Fee: 131, Fleetcor Technologies, 1868.54, Blanket; 132, OK Association Of Chiefs Of Police, 75.00, Membership dues; 133, Canadian County Juvenile Center, 598.61, Juvenile Detention; 134, OK Sheriff/Peace Officer Assn, 495.00, Membership dues; 135, Sac & Fox Juvenile Detention, 844.40, Juvenile Detention; Drug Court: 26, Omega Laboratories Inc, 297.00, Testing; 27, Staples, 513.29, Supplies; 28, Redwood Biotech, 273.00, Test kits; 29, Redwood Toxicology Laboratory, 1022.00, Testing; 30, Ramey Price Cutter Supermarkets, 38.74, Refreshments; 31, Curry, Julia, 48.68, Reimbursement;
32, Staples, 499.99, Laptop computer; 33, Correctional Counseling, Inc, 1295.75, Books; 34, OK Court Services Inc, 7500.00, Coordinator & Administrator Fees; 35, OK Court Services Inc, 7500.00, Coordinator & Administrator Fees; County Bridge & Road Improvement: 14, Circuit Engineering District #8, 3000.00, Bridge construction; County Sales Tax Fund: 418, Budget Pest Control, 150.00, Pest Control; 419, Fuelman Of Oklahoma, 250.00, Blanket; 420, Bob Barker Co,
2132.80, Supplies; 421, Fuelman Of Oklahoma, 134.43, Blanket; 422, Fuelman Of Oklahoma, 399.62, Blanket; 423, CHC, 15500.11, Blanket; 424, Verizon Wireless, 229.82, Blanket; 425, Cooks Direct, 210.53, Supplies; 426, Jones, Donald, 900.00, Consulting fee; 427, Baumert,
Cummings & Hiatt, 820.35, Attorney Fees; 428, Arrow Machinery Company, 481.95, Parts & Service; 429, OK Natural Gas, 913.59, Billing; 430, Fuelman Of Oklahoma, 250.00, 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.
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, 10:39 a.m. Motion carried: Schieber, aye; Rowe, aye; Austin, aye.
Approved this 26th day of November, 2012.
DEE SCHIEBER, CHAIRMAN
STEVE AUSTIN, MEMBER
SECRETARY, BOARD OF