Monday, September 19, 2005

Newkirk, Oklahoma

 

The Board of County Commissioners of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, September 19, 2005, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on September 16, 2005, at the Courthouse front door, Commissioners Court, and basement handicapped entrance of the Kay County Courthouse in Newkirk, Oklahoma.

 

Chairman Wilson called the meeting to order.  Those present were as follows: Wayne Leven, Vice-Chairman; Dee Schieber, Member; Rog Allen, KACY Radio; Wayne White, Newkirk Herald Journal; Charles Abbott, Blackwell Journal Tribune; Dave Seaton, Winfield Publishing Co.; Sharon Rowen, Ponca City News; Tammy Reese, Kay County Clerk/Secretary (see sign in sheet).  

 

Motion was made by Leven and seconded by Schieber approving minutes of September 12, 2005.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Motion was made by Schieber and seconded by Leven to move the meeting to Courtroom A.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Motion was made by Leven and seconded by Schieber to reconvene meeting.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Motion was made by Wilson and hearing no second motion died to accept the longer version of the proposed Landfill Regulations titled Kay County Rural Solid Waste Management Regulations (Dist#3).

 

Motion was made by Schieber and seconded by Leven to table for one week voting on the Landfill Regulations in order to give the public the opportunity to review some of the amendments and additions that were made in the Regulations.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Mike Fields, Assistant District Attorney Garfield County, spoke on behalf of Cathy Stocker Garfield County District Attorney, to the Board of County Commissioners for alleged violations of the Open Meeting Act.  The investigation covers the time period between October 22, 2001, and December 27, 2004, or approximately 163 meetings.  It was alleged that the Board violated the executive session provisions of the Act on multiple occasions.  The investigation focused on the September 27, 2004, executive session and the significant discrepancies between numerous meeting agendas and the corresponding minutes from these meetings.  After a careful review of the law and the evidence, and after much deliberation, it was determined that at this time it is not in the best interest of justice to file criminal charges against current and former members of the Board of Commissioners for violating the Open Meeting Act.  It was suggested that the Board of Commissioners, as soon as possible, receive specific training on the requirements of the Open Meeting Act in order to ensure full compliance with the law in the future.  The Board of Commissioners are hereby placed on notice that any future allegation that their actions violate the Open Meeting Act will be evaluated as though each of them has a clear understanding of the requirements of the Open Meeting Act.

 

Motion was made by Leven and seconded by Schieber approving Chairman Wilson to sign Oklahoma Juvenile Affairs (OJA) Reimbursement for Transportation of Juveniles in the amount of $2092.20.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Motion was made by Leven and seconded by Schieber approving the following August 2005 Monthly Reports:  Court Clerk, Blackwell Division; Court Clerk, Newkirk Division; Court Clerk, Ponca City Division; Kay County Health Department.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Motion was made by Wilson and seconded by Schieber approving Application for Road Crossing Permit #05-17, Lakeland Pipeline Inc., NE4 Sec 28 T28N-R1W to SE4 Sec 21 T28N-R1W, for gas flow line, Dist#3.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Blanket motion was made by Schieber and seconded by Leven approving the following Transfer of Appropriations:  Highway Fund, Personal Service-$20,000.00 to Maintenance & Operations-$10,000.00/Capital Outlay-$10,000.00, Dist#1; Sheriff’s General, Maintenance-$1000.00 to Overtime; Sheriff’s Jail Fund, Capital Outlay-$2074.29 to Contract Services; Sheriff’s Service Fund, Maintenance-$500.00 to Personal Services.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Blanket motion was made by Leven and seconded by Schieber approving the following Cash Fund Estimate of Needs and Request for Appropriation:  Highway Cash Fund, BIA-$11,143.74 to White Eagle Project; Highway Cash Fund, BIA-$6,014.87 to Bridge#154 Project; Highway Cash Fund, $534.58 to Dist#1-$334.58, Dist#2-$100.00, Dist#3-$100.00; Public Buildings Authority-Health Cash Fund, August Interest-$1,124.91 to Health Land Purchase; CSSP Cash Fund, July 2005 Reimbursements-$729.30 to Contractual Services; Public Buildings Authority Cash Fund, DHS Sept. 2005 Rent-$1,408.84 to Maintenance & Operations; County Improvement Cash Fund, Annual Internet License-$862.27 to Internet User Fee-$840.00/Capital Outlay-$22.27; Sheriff’s Jail Cash Fund, Inmate Housing-$12,203.25 to Maintenance-$10,203.25/Contract Services-$2,000.00; Sheriff’s Service Fee Cash Fund, Firearms & Tax Warrant Fees-$150.00 to Personal Services; Sheriff’s Commissary Cash Fund, Commissary Commission-$388.48 to Capital Outlay; Sheriff’s Service Fee Cash Fund, Various Fees-$8,942.17 to Personal Services-$4,050.00/Maintenance-$2,000.00/Capital Outlay-$2,891.17; Sheriff’s Jail Cash Fund, Various Commissions, fees & housing-$23,707.95 to Contract Services-$3,000.00/Maintenance-$20,707.95.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Motion was made by Schieber and seconded by Leven approving Res#5, 6-46, Deposit to CSSP Cash Fund, State of Oklahoma, Department of Corrections-$240.00 & $489.30, CSSP July 2005.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Motion was made by Leven and seconded by Schieber approving Res#5,6-47 (Quartet In-out Board System); Res#5, 6-48 (Duplicating Machine); Res#5,6-49 (Desk 1958); Res#5, 6-50 (Chair 1958); Res#5, 6-51 (Secretarial Chair 1958); Res#5, 6-52 (Side Chairs (6) 1958); Res#5,6-53 (Executive Chairs (3) 1958) – Disposing of Equipment, Health Department.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Motion was made by Schieber and seconded by Leven approving Res#5, 6-54 (Linksys 24 Port Hub)-Disposing of Equipment, Data Processing.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Motion was made by Schieber and seconded by Leven approving Res#5, 6-55, Deposit to Highway Cash Fund, BIA wired funds-Bridge#154 Project, $5,950.00 + $64.87 interest.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Motion was made by Schieber and seconded by Leven approving Res#5, 6-56, Deposit to Highway Cash Fund, David VanBuskirk-$42.93 reimbursement.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Officer comments were made by Kay County Assessor Judy Barnes.

 

Motion was made by Leven and seconded by Schieber to accept Payroll Claims with warrants to be released on September 29, 2005.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Motion was made by Schieber and seconded by Leven to approve Blanket Purchase Orders.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Motion was made by Leven and seconded by Schieber to approve Maintenance & Operation Claims.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

FY2005 PURCHASE ORDERS:

2004-2005 Health: 457, Oklahoma State Dept of Health, 24439.89, Payroll;

                Serv.Fee: 188, Special-Ops Uniforms, 1635.74, VESTS ; Highway: 2867, K & R Builders Inc, 72195.60, Bridge construction

FY2006 PURCHASE ORDERS:

                2005-2006 EMA: 35, Metrocall, 121.96, Paging; 34, Allegiance Communications, 15.39, Cable Service;       General: 453, Take Ten Tire, 268.40, Tires; 474, First National Bank, 40.00, Polling place rent; 449, Houser Hardware, 246.18, Blanket; 452, Ford Refrigeration Service, 1247.00, Blanket; 487, Midwest Printing, 2250.15, Ballots; 484, Lockhart, Patricia L., 26.19, Travel; 485, Kellum, Carol D., 24.71, Travel; 463, First United Methodist Church, 40.00, Polling place rent; 462, First Baptist Church, 40.00, Polling place rent; 466, Christs Church, 40.00, Polling place rent; 467, Peckham Christian Church, 35.00, Polling place rent; 471, Kildare School, 5.00, Polling place rent; 472, Presbyterian Church, 30.00, Polling place rent; 475, Ranch Drive Vol. Fire Dept., 40.00, Polling place rent; 476, Central Baptist Church, 40.00, Polling place rent; 478, St. Marys Parish Hall, 40.00, Polling place rent; 479, Church of Christ, 40.00, Polling place rent; 481, Northeast Baptist Church, 25.00, Polling place rent; 455, Texas County Juv. Det. Center, 875.75, Juvenile Detention; 465, Consolidated School, 40.00, Polling place rent; 470, St. Johns Lutheran Church, 35.00, Polling place rent; 488, Schieber, Pat, 184.23, Travel; 451, Lam Communications, 571.49, Blanket; 458, Terri Pametickey, 100.00, Labor; 456, American Telephone Inc., 76.25, Repairs; 454, Zee Medical Inc., 67.95, Re-stock first aid kits; 461, Tabernacle Activities Center, 40.00, Polling place rent; 464, Masonic Lodge, 40.00, Polling place rent; 468, Nardin Methodist Church, 25.00, Polling place rent; 473, Victory Tabernacle, 40.00, Polling place rent; 477, First Church of God, 40.00, Polling place rent; 482, Westminster Village, 35.00, Polling place rent; 460, Church of Christ, 40.00, Polling place rent; 457, Underground Vault & Storage Inc, 266.00, Storage of microfilm; 450, Burkes Wrecker Service, 484.42, Blanket; 469, Sun-N-Fun, 40.00, Polling place rent; 459, First United Methodist Church, 20.00, Polling place rent; 483, Reese, Tammy, 62.56, Travel; 480, Providence Baptist Church, 40.00, Polling place rent; 486, Leaming, Colton, 320.00, Test machines;  Health: 60, Grimsleys, 31.00, Kleenex; 59, OConner Pharmacy, 15.00, Supplies; 58, Cowboy Copy, 39.00, Envelopes; 61, McKesson Medical-Surgical, 16.08, Supplies; 57, Mac Systems, 52.99, Inspections; Highway: 378, Allied Bearing Supply Inc., 30.06, Parts; 371, Sober Brothers, 2479.43, Native Material; 381, Cross Oil, 1175.00, Fuel; 384, Cross Oil, 7171.84, Diesel; 382, Jack Bowker Ford, 10.89, Parts; 383, Rural Water District #3, 42.20, Water; 370, Evans & Associates, 352.10, Asphalt; 377, Evans & Associates, 307.50, CULVERT; 379, B W Supply Co., 26.04, Parts; 375, Diemer Contruction Co., 65.00, Supplies; 380, Mikes Equipment Repair Co, 350.00, Repairs; 368, Interstate Batteries, 139.90, Blanket; 372, Roberts Truck Center, 3467.33, Parts; 386, Cellplus Networks LLC, 250.00, Dispatch service; 373, Power

                Plan, 440.02, Filters; 374, Power Plan, 60.00, Parts; 387, Wilson, Laile G., 48.80, Reimburse For Expenses; 369, Airgas Mid-South Inc., 172.99, Blanket; 385, Airgas Mid-South Inc., 20.08, Tank rental; 376, Williams, Bobby J. & E. Louise, 500.00, Right Of Way; Jail Cash Fund: 57, Leach Paper Co., 261.05, Blanket; 55, Keeler Roto-Rooter Service, 275.00, Blanket; 58, Ben E. Keith Foods, 4500.00, Blanket; 60, Ben E. Keith Foods, 212.12, Blanket; 56, Sysco Foods of Oklahoma, 4478.53, Blanket; 54, Lowes Companies Inc., 664.50, Blanket; 59, Correctional Healthcare Mgmt., 8858.00, Blanket; 61, Priority Dispatch, 475.00, Registration;  LEPC Grant Cash Fund: 5, A-Plus Printing, 564.00, Brochures.

 

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.

 

Motion was made by Schieber and seconded by Leven to move the meeting back to the Commissioners Court.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Motion was made by Leven and seconded by Schieber to reconvene meeting.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

Assistant District Attorney, Will Clarke, requested that Patsy Leyva, County Clerk’s office, stay in the Commissioners Court to direct guest to Courtroom A.  Ms. Leyva indicated that she was in the Commissioners Court the entire time meeting was being conducted in Courtroom A (approximately from 9:05 a.m. to 10:30 a.m.).

 

There being no other business, motion was made by Leven and seconded by Schieber after thanking Patsy Leyva for staying in Commissioners Court, to adjourn.  Motion carried:  Schieber, aye; Leven, aye; Wilson, aye.

 

 

 

 

 

 

 

 

 

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Approved this 26th day of September, 2005.

 

 

 

                                              ___________________________

            LAILE WILSON, CHAIRMAN

                                      ___________________________

            WAYNE LEVEN, VICE-CHAIRMAN

           

            ___________________________

            DEE SCHIEBER, MEMBER

 

 

ATTEST:

 

 

_____________________________________

TAMMY REESE, COUNTY CLERK

COUNTY OF KAY, STATE OF OKLAHOMA

SECRETARY, BOARD OF COUNTY COMMISSIONERS

(SEAL)

 

 

 

 

 

 

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