DELAWARE COUNTY COMMISSIONERS MEETING
June 16 2008
The Board of County Commissioners of Delaware County, Oklahoma, met in Regular Session on June 16, 2008 at 9:00 A.M. Agenda was posted June 12, 2008 at 9:00 A.M. on east entrance door. This meeting was recessed at 1:25 PM until 9:45 AM on June 17, 2008. The meeting was adjourned at 2:00 PM on June 17, 2008.
Members of the Board present were Chairman-Ken Crowder, Commissioner Billy Cornell-Member and Commissioner Dave Kendrick-Member. The Board of Delaware County Commissioners are hereby authorized to take action on the following items:
AGENDA #1-A motion was made by Commissioner Kendrick and seconded by Commissioner Cornell to approve the agenda as posted. Roll call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #2-A motion was made by Commissioner Crowder and seconded by Commissioner Kendrick to approve minutes of Regular Meeting of 06/09/08. Roll call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #3-A motion was made by Commissioner Kendrick and seconded by Commissioner Cornell to approve payment of all claims as presented to the Board of Commissioners by the County Clerk-Carol Fortner as follows: 2007-2008 County Health: 344, Hounsome, Vicki, 72.72, Travel; 345, Courtyard Printing, 250.00, Supplies; 346, Verizon/MCI, 142.34, Service; 347, Grove Area Cellular, 16.95, Service. SOLID WASTE: 1560, Waste Research Inc., 213.98, Parts; 1561, Cintas Uniforms, 527.41, Blanket; 1562, Pike Pass, 577.54, Pike Pass; 1563, AT&T, 220.69, Service; 1564, AT&T, 51.94, Service; 1565, Cintas First Aid & Safety, 61.96, Supplies; 1566, Lindly’s Inc., 34.99, Supplies; 1567, Ozarko Tires, 1468.46, Tires; 1568, Mayes County Petroleum, 2665.52, Supplies; 1569, Hometown Bottled Water Service, 73.00, Blanket; 1570, Shipley Motor Equipment Co., 1368.00, Blanket; 1571, Airgas Mid-South Inc., 27.67, Blanket; 1572, Accu-Screen Inc., 102.06, Testing; 1573, Jim Woods Mkt., 7819.40, Fuel; 1574, REC/NE Okla Electric Coop, 450.00, Service; 1575, Quill Corporation, 916.47, Supplies; 1576, Waste Research Inc., 234.85, ; 1577, Waste Management Inc., 19104.36, Landfill. HIGHWAY: 2954, Grove Winnelson Co., 33.43, Supplies; 2955, Cintas Uniforms, 284.10, Blanket; 2956, Crosby MD, Tom R., 129.00, Testing; 2957, Osbourns Automotive Store, 119.90, Blanket; 2958, Harrison S Tire Center Inc., 22.00, Blanket; 2959, Southern Tire Mart LLC, 540.00, Tires; 2960, Southern Tire Mart LLC, 3571.04, Tires; 2961, Cintas First Aid & Safety, 22.32, Supplies; 2962, Vardeman, Tom, 1550.00, Equip; 2963, KCR International Trucks Inc., 58.99, Parts; 2964, Green Country Beverage, 79.80, Supplies; 2965, Sisco True-Value Hardware, 267.10, Blanket; 2966, National Business Furniture Co, 284.00, Furniture; 2967, Kirby Smith Machinery Inc., 42.28, Parts; 2968, Jeff Lungren Chevrolet Inc., 62.41, Parts; 2969, Cintas Uniforms, 330.76, Blanket; 2970, Wal-Mart-Exception Processing, 146.92, Supplies; 2971, Jim Woods Mkt., 5774.88, Fuel; 2972, OCI, 8.40, Signs; 2973, Ark Valley Petroleum, 5017.09, Fuel; 2974, Longan Construction, 1050.00, Supplies; 2975, Cintas First Aid & Safety, 87.60, Supplies; 2976, KCR International Trucks Inc., 417.27, Parts; 2977, O Reilly Automotive Inc., 503.49, Parts; 2978, Coastal Energy Corp., 7841.13, Supplies; 2979, East Tulsa Truck Parts & Equip, 787.35, Parts; 2980, Tulsa Auto Spring, 1213.58, Parts; 2981, Jim Woods Mkt., 5864.55, Fuel; 2982, Van Keppel Co., 92.86, Parts; 2983, Scott Construction Equip., 31.50, Parts; 2984, Van Keppel Co., 111.39, Parts; 2985, Kansas Auto Parts (Napa), 190.94, Blanket; 2986, Baker S Five Acres, 4.60, Blanket; 2987, Kansas Building Supply Inc., 112.58, Blanket; 2988, Southern Tire Mart LLC, 1475.00, Tires; 2989, Cintas First Aid & Safety, 115.83, Supplies; 2990, Jim Woods Mkt., 6632.85, Fuel; 2991, Accu-Screen Inc., 52.06, Testing; 2992, Grove Motor License Agent, 25.00, Tag & Title; 2993, Warren Cat, 615.08, Supplies; 2994, APAC - Oklahoma Inc., 2554.80, HMHL; 2995, Martin S Salvage, 75.00, Parts; 2996, Wal-Mart-Exception Processing, 3.99, ; 2997, KCR International Trucks Inc., 6.69, ; 2998, Merts Truck Center, 239.00, Repairs; 2999, FBS Engineers Inc., 11631.89, Prof Services; 3000, Thompson Diesel, 1300.00, Parts; 3001, APAC - Oklahoma Inc., 4725.02, Blanket; 3002, Lowe S, 139.20, Blanket; 3003, O Reilly Automotive Inc., 725.25, Blanket; 3004, Longan Construction, 1000.00, HMHL; 3005, APAC - Oklahoma Inc., 1641.81, HMHL; 3006, Ark Valley Petroleum, 63.50, Parts; 3007, Katner Mills (Napa), 786.65, Blanket; 3008, Kirby Smith Machinery Inc., 95.15, Parts; 3009, Green Country Farm & Home, 15.65, Supplies; 3010, Longan Construction, 985.00, HMHL; 3011, Wallis Lubricants LLC, 306.56, Supplies; 3012, Ark Valley Petroleum, 8096.04, Fuel; 3013, Mease Medical Clinic, 110.00, Service; 3014, Mease Medical Clinic, 110.00, Prof Services; 3015, Universal Images Inc., 69.15, Signs; 3016, Wallis Lubricants Llc, 857.31, Supplies; 3017, Scott Construction Equip., 8750.00, Equip; 3018, Share Corporation, 791.14, Supplies; 3019, Grove Winnelson Co., 54.08, Supplies; 3020, Quill Corporation, 136.00, Supplies; 3021, Precision Wireless Internet, 75.00, Service; 3022, AT&T, 229.11, Service; 3023, AT&T, 100.88, Service. LIEN FEE: 29, Cooler Smart, 15.00, Rent; 30, Barco Products, 128.22, Supplies. SSF: 909, Curtiss Tate Tires And Service, 323.19, Repairs; 910, Grand Telephone Co., 657.88, ; 911, Wal-Mart-Exception Processing, 25.88, Service; 912, Jay Utilities Authority, 50.60, Utilities; 913, Law Enforcement Systems Inc., 78.00, Supplies; 914, Stephens Auto Inc (Napa), 124.63, Repairs; 915, Wal-Mart-Exception Processing, 63.56, Supplies; 916, Stephens Auto Inc (Napa), 54.95, Repairs; 917, ROCIC, 300.00, Dues; 918, Dollarhide, Leroy, 555.89, Travel; 919, Wal-Mart-Exception Processing, 23.77, Supplies. DOC: 287, Four State Maintenance Supply, 82.25, ; 288, Homeland Stores Inc., 48.00, ; 289, Precision Dental & Dentures, 233.00, ; 290, Mike S Appliance Service Inc., 209.99, Service; 291, Hopper MD, Robert W, 135.00, Prof. Services; 292, Wal-Mart-Exception Processing, 31.29, Supplies; 293, V&V Drug, 1099.13, Blanket; 294, Precision Dental & Dentures, 140.00, Service; 295, Bob Barker Co., 99.65, ; 296, Wal-Mart-Exception Processing, 14.16, Supplies; 297, Precision Dental & Dentures, 140.00, Service. RESALE: 340, CPIO Computer Systems Inc., 1100.00, Service; 341, Hasler Financial Services, 785.50, Lease. MTCF: 79, Cooler Smart, 15.00, Rent; 80, U.S. Postmaster, 180.00, Rent. RCT: 53, Integris Rural Health, 592.38, Refund; 54, Integris Rural Health, 9312.00, Refund. CARF: 9, Wal-Mart Community, 76.85. E911: 450, CPC, 275.00, ; 451, Rec-Tec, 211.98, Repairs; 452, Jay Plumbing & Electric Supply, 9.00, Blanket; 453, Hometown Bottled Water Service, 52.00, Blanket; 454, AT&T, 400.71, Service; 455, Auto Lube Express, 734.40, Repairs; 456, Lightyear Network Solutions LLC, 21.77, Service; 457, Biltmore Hotel, 67.00, Lodging; 458, Sixkiller, Tracy, 216.02, Travel; 459, Rec-Tec, 1236.50, Equip. FIRE DEPTS.: 811, Rec/Ne Okla Electric Coop, 156.00, Service; 812, Rec/Ne Okla Electric Coop, 94.00, Service; 813, Cartridge World, 55.98, ; 814, Wal-Mart-Exception Processing, 246.62, Blanket; 815, Wal-Mart-Exception Processing, 188.72, Blanket; 816, Springplace Country Store, 397.77, Blanket; 817, Kansas Auto Parts (Napa), 118.71, Blanket; 818, OSU Bursars Office, 1300.00, Training; 819, OSU Bursars Office, 228.00, Training; 820, Kenney, Colby, 2000.00, Equip; 821, Sixkiller, Tracy, 1100.00, Equip; 822, Chief Fire & Safety Co. Inc., 1027.00, Equip; 823, Chief Fire & Safety Co. Inc., 723.00, Supplies; 824, Springplace Country Store, 210.61, Blanket; 825, OSU Bursars Office, 600.00, Training; 826, Gall S Incorporated, 94.99, ; 827, Tiff City Store, 216.77, Blanket; 828, Midwest Paging, 251.10, Service; 829, O Reilly Automotive Inc., 384.48, Blanket; 830, Lakewood Ace Hardware, 12.93, Blanket; 831, Speedy’s 66, 200.35, Blanket; 832, Lowe S, 26.56, Blanket; 833, O Reilly Automotive Inc., 7.99, Blanket; 834, Wheeler Metals Inc., 564.70, ; 835, Department Of Central Services, 43.00, Insurance; 836, SST, 169.64, Service; 837, Merts Truck Center, 287.57, ; 838, U.S. Postmaster, 84.00, Postage. RMP: 150, Wal-Mart-Exception Processing, 42.32, Blanket; 151, National Business Furniture Co, 284.00, Furniture. SSFF: 15, Radio Shack, 19.99. EMPG: 23, Rec-Tec, 506.65, Repairs; 24, OEMA, 35.00, Dues. DCUFRF: 48, Grand Telephone Co., 30.98, Service. GENERAL: 3961, Curtiss Tate Tires And Service, 115.00, ; 3962, OSU Coop. Extension Service, 2260.00, Personal Services; 3963, Butler, Jeremiah R., 603.08, Travel; 3964, Denney, Barbara A, 358.38, Travel; 3965, Denney, Barbara A, 1358.82, Travel; 3966, Denney, Barbara A, 496.80, Travel; 3967, Lakeland Office Systems, 200.23, Service; 3968, AT&T, 114.11, Service; 3969, U.S. Postmaster, 180.00, Rent; 3970, U.S. Postmaster, 98.00, Rent; 3971, Hurt, W. Leon, 252.47, Travel; 3972, Delaware County, 10000.00, Inspec; 3973, AT&T, 72.92, Service; 3974, Tuder, Wayne, 817.60, Travel; 3975, Price, Brad, 126.76, Travel; 3976, Mid-West Printing Co., 818.30, Supplies; 3977, Univ. Of Okla. Center For Spatial Analysis, 170.00, Misc; 3978, Rec/Ne Okla Electric Coop, 37.00, Service; 3979, AEP, Public Service Co. Of Okla., 214.02, Service; 3980, City Of Jay, 500.00, Rent; 3981, Craig County Detention Center, 698.10, Juv Det; 3982, Hometown Bottled Water Service, 8.00, Rent; 3983, Election Board Depository Acct, 126.00, Election; 3984, U.S. Postmaster, 98.00, Rent. Roll call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #4-A motion was made by Commissioner Crowder and seconded by Commissioner Kendrick to receive and file monthly reports from county offices as follows: There were no reports received. Roll call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #5-A motion was made by Commissioner Crowder and seconded by Commissioner Kendrick to receive/file/discuss any reports from engineers for Delaware County road/bridge projects. Tim McCrary of Rose & McCrary presented update on road projects and archeological survey contract. Roll call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #6-A motion was made by Commissioner Kendrick and seconded by Commissioner Crowder to approve transfer of funds for Dist. #1 & 3 for Highway Cash as follows: From T-2 (M&O) $16,000.00 to T-1-B (part-time help). Roll call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #7-A motion was made by Commissioner Crowder and seconded by Commissioner Kendrick to approve of application for mixed beverage #505895 known as “Road Hog Saloon”. Roll call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #8-A motion was made by Commissioner Kendrick and seconded by Commissioner Cornell to approve of Retirement Contribution Resolution for Delaware Co. for FY 2008-2009. Roll call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #9-A motion was made by Commissioner Kendrick and seconded by Commissioner Cornell to approve lawn service contract for FY 08-09 with “Haynes Lawn Service” for the Delaware Co. Health Department. Roll Call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #10-A motion was made by Commissioner Kendrick and seconded by Commissioner Cornell to approve renewal of Janitorial Service with “RRR Cleaning Service” for the Delaware Co. Health Dept. for 2008-2009. Roll Call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #11-A motion was made by Commissioner Kendrick and seconded by Commissioner Cornell to approve renewal of lease agreements for FY 2008-2009 for the Delaware Co. Health Dept. as follows: Cingular Wireless; Grove Area Cellular9Digital Advantage); Integris Grove Gen. Hosp.; Lakeland Office Systems; Pitney Bowes; State Termite & Pest; and Cooler Smart. Roll Call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #12-A motion was made by Commissioner Kendrick and seconded by Commissioner Cornell to approve transfer of funds for Solid Waste as follows: From SW-3 (CO) $80,000.00 to SW-2 (M&O). Roll Call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #13-A motion was made by Commissioner Crowder and seconded by Commissioner Kendrick to approve entering into an agreement to work on Private Property for Dist. #1. Roll Call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #14-A motion was made by Commissioner Crowder and seconded by Commissioner Kendrick to approve Resale Budget for FY 2008-2009 for Delaware Co. Treasurer’s Dept. Roll Call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #15-A motion was made by Commissioner Kendrick and seconded by Commissioner Cornell to approve of signing of application for grant of Right-of-Way and consent of owners for survey of right-of-way in section 26-21-23 over and across tribal land for Dry Creek Road Project.
Roll Call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #16-A motion was made by Commissioner Kendrick and seconded by Commissioner Cornell to receive and file letter of resignation from Lindell Knox from the Delaware Co. Public Facilities Authority effective 6/8/08. Roll Call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #17-A motion was made by Commissioner Crowder and seconded by Commissioner Cornell to appoint Olen Duwand Watts to fill the unexpired term of Lindell Knox on the Delaware Co. Public Facilities Board. Term will end June 1, 2010 and will be effective as of June 19, 2008. Roll Call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #18-A motion was made by Commissioner Crowder and seconded by Commissioner Kendrick to consider and take action with respect to a resolution levying and assessing a county sales tax of one-half of one percent (0.50%) through not later than December 31, 2028, after which time said tax shall be reduced to thirty five hundredths of one percent (0.35%); said tax to be levied and assessed upon the gross proceeds or gross receipts derived from all sales or services taxable under the Oklahoma sales tax code including but not limited to certain enumerated sales listed therein; prescribing the effective date and duration of such tax; prescribing the purposes for such tax; requiring approval of such tax by a majority of registered voters voting at an election held for such purpose as provided by law; providing exemptions from said tax; providing for the administration and collection of said tax; providing for interest and penalties for failure to pay tax when due; authorizing the Board of Co. Commissioners to make administrative and technical changes and additions except tax rate; providing severability of provisions; and containing other provisions related thereto. Roll Call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #19-A motion was made by Commissioner Crowder and seconded by Commissioner Cornell to consider and take action with respect to an order authorizing the calling and holding of a special election in Delaware Co., State of Oklahoma for the purpose of submitting to the registered, qualified voters of said county the question of approval or disapproval by said voters of a resolution of the Board of Co. Commissioners of said county levying and assessing a one-half of one percent (0.50%) sales tax through not later than December 31, 2028; after which time said tax shall be reduced to thirty-five hundredths of one percent (0.35%) said tax to be levied upon the gross proceeds or gross receipts derived from all sales to any person taxable under the Oklahoma sales tax code; and containing other provisions related thereto. Roll Call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #20-A motion was made by Commissioner Crowder and seconded by Commissioner Kendrick to meet with Tim McCrary to discuss Court House Security (Feasibility Study) estimated cost of $8000.00 with Spirit Architecture. Roll Call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #21-The motion to go into Executive session concerning the Case #H-2006-213 between the State Dept. of Health and Delaware Co. was not needed. No action was taken.
AGENDA #22-The motion to return to regular session from Executive session was not needed. No Action was taken.
AGENDA #23-A motion was made by Commissioner Crowder and seconded by Commissioner Kendrick to consider and take action with respect to a resolution levying and assessing an excise tax equal to the prevailing sales tax rate levied by Delaware Co. on the purchase price upon the storage, use or consumption of tangible personal property purchased outside the state of Oklahoma and brought into Delaware Co. Oklahoma; providing for the automatic change in Use Tax rate upon change in the prevailing sales tax rate; providing exemptions thereto; specifying when such taxes are payable; providing such taxes constitute superior claims; providing collection of tax by retailer or vendor; providing for collection of tax by retailer or vendor or vendor not maintaining place of business within state or both within and without state; providing for revoking permits; establishing remunerative deductions allowed vendors or retailers of other states; providing interest and penalties for delinquent payment of taxes; providing for waiver or interest and penalties; providing for submission of claim for refund of erroneous payments; providing penalties for fraudulent returns; providing that records shall be confidential and privileged; providing that taxes collected hereunder shall be cumulative; providing for severability of the sections of this resolution; defining terms; defining tax collector; establishing classification of tax payers; ratifying subsisting state permits establishing purposes for which revenues collected hereunder shall be expended; establishing citation of the resolution; establishing the effective date of the resolution and providing for supersedence of prior resolutions and declaring an emergency. Roll Call: Commissioner Crowder-yes, Commissioner Kendrick-yes, Commissioner Cornell-yes. Motion carried.
AGENDA #24- NEW BUSINESS: None submitted.
AGENDA #25-PUBLIC COMMENTS/None submitted.
There being no further business to discuss, the meeting was recessed.
ATTEST:
KEN CROWDER -Chairman
CAROL FORTNER
Delaware County Clerk BILLY CORNELL-Member
DAVE KENDRICK -Member