Monday, August 24, 2009

Kay County Courthouse

Newkirk, OK  74647

 

The Board of County Commissioners of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, August 24, 2009, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on August 21, 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; Jennifer Layton, Kay County District Attorney First Assistant (ADA); Mary Ramey, Kay County Court Clerk; Carol Purdy, Kay County Assessor; Everette Van Hoesen, Kay County Sheriff; Steve Kelley, Kay County Undersheriff; Cheryl Howard, Kay County Election Board; Larry Klumpp, OSU Extension; Orva Rothgeb; Julia Curry, Oklahoma Court Services, Inc.; Josh Newton, 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 August 17, 2009.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye.

 

Motion was made by Schieber and seconded by Wilson approving special meeting minutes of August 20, 2009.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye.

 

Regarding creating county regulations involving trash and waste disposal sites:  ADA Layton asked BOCC to vote on County Regulations for the Location, Design, Construction, and Maintenance of Solid Waste Disposal Sites and Facilities by Article.  Layton will then finalize the regulations and present to BOCC for final approval next Monday.

 

Motion was made by Schieber and seconded by Wilson to approve Article I-Adoption of Department of Environmental Quality Regulations omitting “operation and closure” wording.  Layton suggested taking that wording out because the county will not be operating or be that involved with the landfill.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye.

 

Motion was made by Wilson and seconded by Schieber approving Article II as written – Permit Required by Applicant for Solid Waste Disposal Site or Facility.  Layton mentioned the two main issues in this Article were the fines; a fine of $500.00 per day of violation on failure to secure an approved construction permit prior to commencing construction of a solid waste disposal site or facility and the applicant shall deposit at the time of its application with the Kay County Clerk the sum of $2,500.00 as the construction application fee. Motion carried:  Schieber, aye; Wilson, aye; Austin, aye.

 

Article III-Additional requirements for the location, design, construction and maintenance of a Solid Waste Disposal Site or Facility in Kay County, State of Oklahoma.

 

Motion was made by Schieber and seconded by Wilson approving Article III.1.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye.

 

Motion was made by Wilson and seconded by Schieber approving Article III.2.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye.

 

Motion was made by Schieber and seconded by Wilson approving Article III.3.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye.

 

Motion was made by Wilson and seconded by Schieber approving Article III.4.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye.

 

 

 

 

Wilson asked to limit landfills on a 25 mile range from each other.  Layton said she would have to check Department of Environmental Quality (DEQ)’s regulations because the county can only restrict if DEQ already has restrictions on subject matter.  If so, the BOCC would like to add language to regulations and they decided on a 20 mile restriction, meaning landfills cannot be built closer than a 20 mile distant between them.

 

Layton explained to BOCC on Article III.5, 6 & 7 BOCC may only choose one.  Layton clarified the language difference in each paragraph.  Motion was made by Wilson and seconded by Schieber to approved Article III.7.  Motion carried:  Schieber, aye; Wilson, aye; Austin, nay.

 

Motion was made by Schieber and seconded by Wilson approving Article III.8.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye.

 

Motion was made by Wilson and seconded by Schieber approving Article III.9.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye.

 

ADA Layton said she would draft the finalized copy with suggested changes for approval by the BOCC for next week with the understanding these regulations could be appealed as they were the time before.

 

Jail Issues:  Kay County Sheriff, Van Hoesen, reported the daily inmate count showing 138.  He noted 19 inmates are waiting to be transferred to Department of Corrections (DOC).

 

Roads and Bridge Projects, Circuit Engineering District (CED) No. 8:  Schieber mentioned Agreements with Bureau of Indian Affairs (BIA), damages from recent storms and work to be done. 

 

Motion was made by Schieber and seconded by Wilson approving Application for Permit No. 10-5 for installation for the City of Marland, water tap to cross road from north to south located 8/10 mile east of Hwy. 156 on Cowboy Hill Road, Dist#1.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye. 

 

Motion was made by Schieber and seconded by Wilson approving Cooperative Agreement between Bureau of Indian Affairs (BIA) and Kay County:  Pecan Road Project-$1,000,000.00; IRR (road inventory money)-$250,000.00.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye. 

 

Motion was made by Schieber and seconded by Wilson approving Cooperative Agreement between BIA and Kay County:  Enterprise Road Project-$450,000.00.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye. 

 

Motion was made by Schieber and seconded by Wilson approving going out for sealed bid on an Oil and Gas Lease on a tract of land located within the Original Townsite, now the City of Newkirk, described as beginning at the southeast corner of Block 40 in the original Townsite of Newkirk, thence South, 544.4 feet to the Northeast corner of Block 45, thence West, along the North line of Block 45, 320 feet to the Northwest corner of said Block 45, thence North, 544.5 feet to the Southwest corner of Block 40, thence East, along the South line of said Block 40, 320 feet to the point of beginning, said tract being shown on the original plat of Lamoreus (now Newkirk) as Courthouse Reserve, and being a part of the NE/4 Sec. 26, T28N R2E.

 

Matthew Flanery, Buckhorn Production Company, L.P., interested in leasing this property, told BOCC that his company has leased around 8,000 acres of land around Newkirk.  Flanery asked BOCC to take into consideration who can produce this; he said his company already has acres leased around city property and said they would lease for $50 per acre.

 

Motion carried to go out for sealed bid:  Schieber, aye; Wilson, aye; Austin, aye. 

 

Motion was made by Wilson and seconded by Schieber to Table Contract for Supervision of Community Service between the Board of County Commissioners and Oklahoma Court Services, Inc.  Whereas, BOCC will appropriate certain funds to provide a Community Service Program for offenders sentenced by the Kay County District Court.  ADA Layton said she would like to review the contract and the funding portion before BOCC signs the contract.  Schieber said in the past the county has contributed $12,000 per year to this program.  Layton said she will work on the language regarding the funding before the contract is signed.

 

Julia Curry, Oklahoma Court Services, Inc., explained the Community Service Program, their services, and how the program benefits the community.

 

Motion carried to Table:  Schieber, aye; Wilson, aye; Austin, aye.

 

Motion was made by Schieber and seconded by Wilson to Table Interlocal Cooperative Agreement with Contiguous Counties (Noble County).  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye. 

 

Motion was made by Schieber and seconded by Wilson approving the following Resolutions to Dispose of Equipment:  Res#9, 10-39, Kay County Health, Ser#36C07554-SI-218-11-video player, junked.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye. 

 

Motion was made by Schieber and seconded by Wilson approving the following Resolutions to Deposit:  Res#9, 10-35, Highway Dist#1-$562,933.22 H3101-85 Fountain Road Project; Res#9, 10-36, Highway Dist#3-$150.00 Bid#2009-48 Selling 1987 Chevrolet ¾ ton pickup & engine; Res#9, 10-37, Highway Dist#2-$1,671.23, sale of scrap metals-$1,111.40/$559.83 reimbursement cleanup dumpsite (grant); Res#9, 10-38, Sheriff’s General Account Fund GO400-$42,432.00, money from Sales Tax Proceed added to account to raise 16 jail positions salaries $2 per hour for July 2009-December 2009, approved in JFA meeting on August 14, 2009; Res#9, 10-40, Community Sentencing Service Program (CSSP)-$115.25, reimbursement services for June 2009.  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 Appropriation:  CSSP-$115.25; Highway-$287,233.20; Sheriff’s Jail Cash Fund (Lapsed Balanced 2005-06)-$34.49.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye. 

 

Motion was made by Schieber and seconded by Wilson approving the following Transfer of Appropriations:  General Government Maintenance & Operations-$2,492.00 to Capital Outlay.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye. 

 

Motion was made by Wilson and seconded by Schieber to Table decision on Bid#2009-49 Selling used cars (Sheriff) 2004 Ford Crown Victoria VIN#2FAFP71W84X146676, approximate mileage 171,838, B-629-80 for Sheriff to consider.  Bids were opened from Tim Davidson-$333.00; Scott Pemberton-$402.00; Gary Faul-$410.00.  Bid#2009-49 Selling used cars (Sheriff) 2004 Ford Crown Victoria VIN#2FAFP71W84X146676, approximate mileage 171,838, B-629-80.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye. 

 

There were no unscheduled public appearances.

 

There were no payroll claims submitted.

 

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 General: 2672, Newkirk Herald Journal, 225.00, Fair Tabloids; 2673, Newkirk Herald Journal, 400.00, Premium books; Highway: 2378, Evans & Associates, 18429.98, Road project

               FY 2009/2010 PURCHASE ORDERS:

               2009-2010 EMA: 14, Kay County, 77.00, Workers Comp; 15, USA Mobility Wireless, 141.89, Pager Service; General: 385, Kay County, 179.00, Workers Comp; 386, Rogers Oil Co., 196.42, Blanket; 387, Houser Hardware, 199.08, Blanket; 388, Moberly Auto Service, 35.09, Blanket; 389, Merrifield Office Supply, 67.40, Folders; 390, Welborn Electric Co., 234.98, Electrical Work; 391, Fleharty Engineering Inc., 1636.20, LABOR AND MATERIALS; 392, Staples, 123.94, OFFICE SUPPLIES; 393, Kay County, 784.29, INSURANCE; 394, Cool Rush Water & Ice, 16.99, Water & Cooler Rent; 395, Clearwater Enterprises, 383.52, Gas bill; 396, AT&T Mobility, 20.86, Cell phone bill; 397, Van Hoesen, Everette H., 139.15, Mileage; 398, USPS Disbursing Officer, 4429.00, Office lease; 399, Oklahoma Natural Gas, 185.41, Gas delivery; 400, Neopost Inc, 562.46, Rate change; 401, Rhyne, Mary L., 406.45, Travel; 402, Rhyne, Mary L., 529.83, Travel; Health: 35, Staples, 88.32, Blanket; 36, AT&T, 144.18, Long distance; 37, AT&T, 35.35, Long distance; 38, AT&T Mobility, 102.47, Cell service; Highway: 292, Kay County, 4081.00, Workers Comp; 293, Kay County, 4187.00, Workers Comp; 294, Kay County, 4505.00, Workers Comp; 295, Blackwell Auto Parts, 591.59, Blanket; 296, G & B Auto, 191.00, Blanket; 297, Staples, 90.02, Blanket; 298, Southwest Truck Parts, 999.25, Blanket; 299, 7 Mile Mine LLC, 6476.45, Crusher Run; 300, Roadsafe Traffice Systems Inc, 124.00, Barricade Rental; 301, Evans & Associates, 3617.92, Asphalt; 302, Evans & Associates, 421.40, Asphalt; 303, AMC Urgent Care Plus, 75.00, Drug screening; 304, AMC Urgent Care Plus, 75.00, Drug screening; 305, Grant County Dist #3, 5497.09, Crusher Run; 306, Certified Laboratories, 1146.99, Diesel; 307, Sober Brothers, 1799.94, Native Material; 308, Blackwell Equipment, 121.16, MOWER BLADES; 309, Farm Plan, 265.91, Parts; 310, K & O Construction, 891.81, Iron; 311, OK Natural Gas, 26.98, Gas service;

               312, AT&T, 25.93, Long distance; 313, AT&T, 116.73, Telephone Service; 314, AT&T, 89.90, TELEPHONE; 315, Kay County, 9222.86, Property Ins; Lien Fee: 10, Kay County, 8.00, Workers Comp; 11, Allegiance Communications, 30.98, Cable Service; 12, Southwest Business Products,

               104.77, Overage Of PO; PBA: 4, Bagg, Jacky, 800.00, Contractual Services; PBA HEALTH: 2, Bank Of The West, 7960.13, Loan Payment; Reimburse: 3, Marshall & Swift, 462.20, Subscription renewal

 

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 Wilson to Recess at 10:12 a.m. and Reconvene at 1 p.m.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye.

 

1 p.m. – Chairman Austin Reconvened meeting.

 

The Estimated General Fund Budget for FY 2009-2010 prepared by Yadon and Putnam was reviewed by BOCC and other officers.  It was brought to attention by those in attendance that the budget is down significantly from last year.  Officers were asked to review their previous requests and make cuts were possible.

 

There being no other business, motion was made by Wilson and seconded by Schieber to adjourn, 1:50 p.m.  Motion carried:  Schieber, aye; Wilson, aye; Austin, aye.

 

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Approved this 31st day of August, 2009.

                              ____________________________

                 STEVE AUSTIN, CHAIRMAN

                                         

                                                              _____________________________

                 DEE SCHIEBER, VICE-CHAIRMAN

              

                _____________________________

     LAILE WILSON, MEMBER

ATTEST:

_________________________________

TAMMY REESE, COUNTY CLERK

COUNTY OF KAY, STATE OF OKLAHOMA

SECRETARY, BOARD OF COUNTY COMMISSIONERS

(SEAL)

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