April 6, 2009

Newkirk, Oklahoma

The Board of County Commissioners of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, April 6, 2009, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma. Notice of the meeting was posted for public information on April 3, 2009, 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 Steve Austin called the meeting to order. Those present were as follows:

Dee Schieber, Vice-Chairman; Laile Wilson, Member; First Assistant District Attorney Jennifer Layton; Christy Kennedy, Kay County Treasurer; Carol Purdy, Kay County Assessor; Everette Van Hoesen, Kay County Sheriff; Steve Kelly, Kay County Undersheriff; Larry Klumpp, OSU Extension; Charles Abbott, Blackwell Journal Tribune; Scott Cloud, Newkirk Herald Journal; Sharon Rowen, Ponca City News; Tammy Reese, Kay County Clerk/Secretary (see sign in sheet).

Chairman Austin led the Flag Salute.

Motion was made by Wilson and seconded by Schieber approving regular meeting minutes of March 30, 2009. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

Motion was made by Schieber and seconded by Wilson approving special meeting minutes of March 30, 2009. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

Jail Issues: Undersheriff Steve Kelly reported the daily inmate count showing 133 and the March Monthly average was 132; he said they have filled the two new jailer positions authorized by the Justice Facilities Authority and will run county wide ads for a maintenance position for the jail.

Roads and Bridge Projects, Circuit Engineering District (CED) No. 8. Schieber said there will be District and State CED meetings held this week in Oklahoma City during the ACCO Convention.

Motion was made by Wilson and seconded by Schieber approving applications to borrow money through Circuit Engineering Districts’ revolving fund to build bridges, Dist#2 Bridge NBI#09244 Str. Loc. # 36E0040N3230004-$65,010.00 & Dist#3 Bridge NBI#25564 Str. Loc. #36N3190E0270000-$50,000.00. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

Motion was made by Schieber and seconded by Wilson approving to enter into Executive Session at 9:15 a.m. pursuant to Oklahoma Statues Title 25 Section 307(B)(4) for the purpose of discussing Barbara Harp v. The Board of County Commissioners of the County of Kay, ex reel. Kay County Sheriff’s Department, et al., Case No. CIV-08-101-HE. Possible Executive Session for the purpose of confidential communications between the Board of County Commissioners of the County of Kay and its attorney concerning the federal lawsuit previously referenced. Public disclosure of these confidential communications would seriously impair the ability of the Board and its attorney to properly process and defend this litigation. As such, the communications in the Executive Session are confidential. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

Motion was made by Wilson and seconded by Schieber to return to Regular Meeting. The Executive Session will re-convene in Oklahoma City, Oklahoma, at the United States District Court for the Western District of Oklahoma on April 9, 2009, at 1:30 p.m. for the purposes of the Court ordered Settlement Conference in the litigation matter of: Barbara Harp v. The Board of County Commissioners of the County of Kay, ex rel. Kay County Sheriff’s Department, et al., Case no. CIV-08-101-HE. Title 25 Okla. Statute, Section 307(B)(4). Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

Motion was made by Schieber and seconded by Wilson approving Bridge Application Emergency Transportation Revolving Fund Program for Bridge 149 Str. Loc. #36E0250N3270006-$50,000/Bridge 157 Str. Loc. #36E0270N3250005-$70,000, Dist#1. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

Motion was made by Wilson and seconded by Schieber approving a letter stating to put Bridge 153 on the Five Year Plan, D#3. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

Motion was made by Schieber and seconded by Wilson approving Chairman Austin to sign Reimbursement for Kay County Election Board Secretary Salary for the months of February and March 2009. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

Motion was made by Wilson and seconded by Schieber approving the following March 2009 Monthly Reports: Treasurer. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

Motion was made by Schieber and seconded by Wilson approving the following Resolutions to deposit: Res#8, 9-151, Highway Dist#3-$100, 250 gallons of used oil at .40; Res#8, 9-152, Highway-$206,008.33 FEMA Reimbursement FEMA 1803-DR-OK PW#2, 3, 4, 5, 8, & 9 Dist#1-$67,692.28 – PW# 1 Dist#2-$6,375.68 – PW#6, 10 , 11, 12, 13, 14, 15, 16, 23, 24, 25, & 26 Dist#3-$131,940.37. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

Motion was made by Wilson and seconded by Schieber approving the following Cash Fund Estimate of Needs and Request for Appropriations: Preservation Fee-$3,820.00; County Clerk Lien Fee-$1,724.75; Treasurer’s Mortgage Certification-$655.00; Highway-$206,008.33. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

Motion was made by Wilson and seconded by Schieber approving the following Transfer of Appropriations: Sheriff Service Overtime-$1400.00 to Travel. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

There were no unscheduled public appearances made.

Motion was made by Schieber and seconded by Wilson accepting both bids from Stolhand Heating & Air on Bid#2009-28 Air Conditioning Repairs for the Courthouse. The bid for all labor and parts for complete replacement of coil on chiller unit was bid at $18,443.00 and the bid to replace the 40 ton chiller unit located on north side of courthouse to include installation of new unit and removal and disposal of old unit was bid at $38,600.00. Commissioners said, as part of the motion, to replace the coil on the chiller unit first then replace the 40 ton chiller unit. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

Motion was made by Wilson and seconded by Schieber approving Blanket Purchase Orders. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

Motion was made by Schieber and seconded by Wilson approving Maintenance & Operation Claims. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

FY 2008/2009 PURCHASE ORDERS:

2008-2009 Cert.Fee: 46, Quality Water Service, 24.85, Water Bill; 47, Northwest District, 25.00, Registration; EMA: 108, AT&T, 64.98, Phone bill; General: 2088, City of Blackwell, 1250.00, Rent; 2089, Rogers Oil Co., 68.46, Blanket; 2090, Welborn Electric Co., 427.86, Electrical Work;

2091, J & P Supply, 58.32, Cleaning Products; 2092, Merrifield Office Plus, 123.50, Receipt books; 2093, Quality Water Service, 35.70, Water; 2094, Eastman National Bank, 487.46, Lease Purchase Payment; 2095, Klumpp, Larry, 479.95, Travel; 2096, Sproul, Ryan, 423.25,

Travel; 2097, Bonifield, Elizabeth D, 79.90, Meals; 2098, Eisenhauer, Radena, 67.71, Meals;

Health: 308, AT&T, 434.95, Phone bill; 309, Oklahoma State Department Of Health, 20579.80, Payroll; 310, Centerpoint Energy Arkla, 179.05, Gas bill; Highway: 1653, Evans & Associates, 1407.00, Road project; 1654, Evans & Associates, 267309.61, Asphalt; 1655, Sober Brothers, 11885.15, Road project; 1656, PC Concrete, 2511.75, Road project; 1657, Blackwell Auto Parts, 299.71, Blanket; 1658, Locke Auto Parts, 599.59, Blanket; 1659, Take Ten Tire, 974.08, Blanket; 1660, Holiday Inn, 255.00, Lodging; 1661, Owen Auto Supply, 594.21, Blanket; 1662, Hoidale Co., Inc, 19973.18, Diesel Tank Above ground; 1663, Circuit Engineering District #8, 4000.00, Surveying costs; 1664, Cross Oil, 3550.00, Diesel Tank Above ground; 1665, Holiday Inn, 170.00, Travel; 1666, Total Com Inc., 250.00, Communication; 1667, AT&T, 97.53, Phone bill; 1668,

Ponca City Concrete Co, 5490.00, Concrete; 1669, Cintas, 595.41, Blanket; 1670, K & R Builders Inc, 9600.00, Bridge construction; 1671, BOWERS TRUCKING INC, 5853.69, Rock Hauling; 1672, Brundage Bone Concrete Pumping, 1664.73, Concrete; 1673, Dish Network, 50.98, Satellite service; 1674, Hughes Lumber, 10.48, Sheet Styroform; 1675, Driskill's Welding Co, 400.00, PARTS AND LABOR; 1676, Sonny Cannon Auto Plaza, 122.35, Dealer Service/2002 PU; 1677, Circuit Engineering District #8, 700.00, Stop Signs Hi Intensity 30"; 1678, Walmart Community, 21.70, Batteries; 1679, Dish Network, 16.99, Satellite service; 1680, Vinings Rental & Supply, 36.00, Concrete; 1681, Oklahoma Tax Commission, 17.00, Title Transfer; 1682, Farm Plan, 42.16, Filters; 1683, North Central Rebuilders, 134.79, Repairs; 1684, AT&T, 97.53, Phone bill; 1685, Ponca City Publishing Co. Inc, 36.00, Wireless bill; 1686, Centerpoint Energy Arkla, 197.98, Gas bill; 1687, School Land Commission, 500.00, Deposit For Application; 1688, Alcohol & Drug Testing Inc., 188.80, Tests; 1689, OK Natural Gas, 315.51, Gas bill; 1690, Eastman National Bank, 9648.51, Lease Purchase Payment; 1691, Security National Bank, 1115.79, Lease Purchase Payment; 1692, Welch State Bank, 1536.00, Lease Purchase Payment; 1693, Eastman National Bank, 9991.34, Lease Purchase Payment; 1694, John Deere Credit, 1904.75, Lease Purchase Payment; 1695, Okla. Dept. of Transportation, 950.56, Lease Purchase Payment; 1696, John Deere Credit, 1801.73, Lease Purchase Payment; 1697, Okla. Dept. of Transportation, 1101.67, Lease Purchase Payment; Serv.Fee: 164, Bob Hurley Ford, 23435.00, Pickup; 165, Oklahoma Tax Commission, 30.00, License and tag

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.

There being no other business, motion was made by Schieber and seconded by Wilson to recess meeting for the purposes of the Court ordered Settlement Conference in the litigation matter of: Barbara Harp v. The Board of County Commissioners of the County of Kay, ex rel. Kay County Sheriff’s Department, et al., Case no. CIV-08-101-HE. Title 25 Okla. Statute, Section 307(B)(4) District Court for the Western District of Oklahoma on April 9, 2009, at 1:30 p.m. Motion carried: Schieber, aye; Wilson, aye; Austin, aye.

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Approved this 13th day of April, 2009.

___________________________

STEVE AUSTIN, CHAIRMAN

___________________________

DEE SCHIEBER, VICE-CHAIRMAN

___________________________

LAILE WILSON, MEMBER

ATTEST:

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TAMMY REESE, COUNTY CLERK

COUNTY OF KAY, STATE OF OKLAHOMA

SECRETARY, BOARD OF COUNTY COMMISSIONERS

(SEAL)

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