The Board of County Commissioners (BOCC) of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, May 4, 2015, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on May 1, 2015, at 4:00 p.m. at the Courthouse front door, Commissioners Court, and basement handicapped entrance of the Kay County Courthouse in Newkirk, Oklahoma.

 

Chairman Jason Shanks called the meeting to order.  Those present were as follows: Vance Johnson, Member; Paul Skidmore, Member; Brian Hermanson, District Attorney (DA)/David Wilkie, Assistant District Attorney (ADA); Christy Kennedy, Kay County Treasurer; Susan Keen, Kay County Assessor; Everette Van Hoesen, Kay County Sheriff; Harold Hughs, Kay County Detention Center (KCDC); Cheryl Howard, Election Board Secretary; Larry Klumpp, OSU Extension; Kim Reeves, BKL; Elaine Harley Hud, Kaw Nation; Sharon Rowen, Ponca City News; Scott Cloud, Newkirk Herald Journal; Claude Williams and Bill Williams, Taxpayers for Transparency; Tammy Reese, Secretary/Kay County Clerk.  (See sign in sheet). 

 

Chairman Jason Shanks led the Flag Salute.

 

Motion was made by Johnson and seconded by Shanks approving regular meeting minutes of April 20, 2015.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye.

                                              

Motion was made by Johnson and seconded by Shanks approving the special meeting minutes of April 21, 2015.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye.

 

Jail Director Report:  Harold Hughs, KCDC, presented a report noting 238 as the current head count, 44 arrested and released over the weekend and 120 for the week, 11 inmates sentenced to Department of Corrections (DOC)/ (waiting to go to prison); 12 inmates sentenced to county time, four (4) weekenders and sanctions, three (3) paid contracts with BIA and Bridgeway and currently are holding five (5) inmate on writs (prison to court).  He also presented a Deputy Directors Report to Director reporting comparisons of 2015 and 2014 for the month of April.

 

Motion was made by Shanks and seconded by Johnson approving Fiscal Year 2016 Detention Transportation Agreement between the Office of Juvenile Affairs (OFA) and the BOCC.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye. 

 

Motion was made by Johnson and seconded by Shanks approving Agreements by and between the BOCC and the following for remote terminal capabilities in the Assessor’s office:  Law Office of Travis Watkins; Carrie Adams.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye. 

 

Motion was made by Johnson and seconded by Shanks approving Total Assessment Solutions Corporation (TASC) Contract for Services, an Agreement entered into by and between the Kay County Assessor’s Office through the BOCC and TASC to provide services for all Oil & Gas producing and non-producing oil & gas wells, meters, pipelines, gas plants and/or compressors stations where access is allowed.  BOCC asked Assessor Keen questions regarding these services and Keen explained their services.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye. 

 

Motion was made by Johnson and seconded by Shanks Tabling reviewing quotes for lawn care, spraying and pest control for all county owned property.  Shanks said the original quotes have been misplaced.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye. 

 

Motion was made by Johnson and seconded by Shanks approving the striping only for the DHS parking lot at approximately $470.00.   Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye. 

 

Billing invoice from Derryberry and Naifeh, LLP concerning the Kay County Free Fair:  Commissioner Johnson said he received an invoice from this law firm and checked to find out there was never a purchase order in place for these services.

 

DA Hermanson gave history regarding this matter.  Hermanson said this was about moving the fair from Blackwell to Ponca City.  He said he gave the BOCC (Schieber, Austin, Rowe at that time) an opinion which differed from the attorney representing the fair board.  Commissioner Schieber, not happy with Hermanson’s opinion, wanted to hire an outside law firm being Derryberry and Naifeh (October 29, 2012 BOCC meeting) and at that time DA Hermanson said he would not approve.  Hermanson told the BOCC he was their legal advisor and noted the statutes are very clear on this.  Commissioner Schieber said we will not take any action for now.

 

Hermanson said according to the invoice received Schieber was dealing with this outside law firm before bringing to the BOCC (services between Schieber and the law firm began on October 24, 2012 according to the invoice dates).  Hermanson noted on June 23, 2014 a letter and invoice was sent to Schieber from Derryberry & Naifeh stating this invoice had been discovered in a “hold” file.  This matter came to surface again when the current Commissioner Johnson received an invoice from this firm.

 

DA Hermanson told the current BOCC’s they could not pay this invoice because there was no permission to do so and reiterated there was never any action taken to approve. Hermanson recalled this was a big issue at the time and the meeting (because of attendance) was held in Courtroom A. BOCC asked Hermanson to respond with a written letter to this law firm.

 

No action was taken.

 

Lease Agreement for the Meter Rental Agreement (Neopost mail equipment, etc.):  County Clerk Reese asked ADA Wilkie if this Agreement could be dated April 30, 2015 to lock in current costs and ADA Wilkie said he had no problem with that and suggested making the motion with a retroactive date.

 

Motion was made by Johnson and seconded by Shanks approving Lease Agreement for the Meter Rental Agreement (Neopost mail equipment, etc.) retroactive April 30, 2015.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye. 

 

Roads and Bridge Projects/Circuit Engineering District (CED) No. 8 Road and Bridge Projects:  Commissioner Shanks said crews are repairing black tops and started working on Union and Peckham Rds., also their mowing, blading and hauling rock.  Shanks noted the APEX Wind Farm is causing road problems due to the excessive truck traffic.  He said they are only operating with two blades.  Shanks said he wanted to make sure his citizens understand these roads are out of his jurisdiction until APEX Wind Farm is completed.

 

Commissioner Johnson said his crews are mowing and mowing the cemetery area so it will look nice for Memorial Day; crews are also hauling gravel and grading.  Johnson stated a safety meeting was held last week on distractive driving pertaining to the new “texting” law that will become effective November 2015.  He mentioned 13 bridges in his district need attention.  Johnson said Younger Electric was called to bring Bois D’Arc up to code.

 

Commissioner Skidmore mentioned his crews are mowing around the golf course and Hubbard Rd. areas.  He said one of his bridges got hit this past weekend and glad to report no one was injured.  He noted repairs to that bridge are being made plus hauling rock to the northwest part of Braman, blading and making repairs to trucks. 

 

Motion was made by Shanks and seconded by Skidmore approving ETR Contract Renewal Extensions, for Dist#2 & 3.     Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye. 

 

Motion was made by Johnson and seconded by Shanks approving Change Order for a Performance and Payment Bonds for courthouse repairs.  Shanks stated in a previous contract with Rick Scott Construction he was not bonded.  Kim Reeves, BKL and overseer of this project stated statutes require bonding on projects over $50,000 and also this will guarantee Rick Scott Constructions work will be completed.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye.

 

Regarding manhole options for sump pumps for courthouse repairs:  Discussion was made between BOCC and Kim Reeves, BKL, concerning the depth of the manhole.   After discussion, Mr. Reeves said he was not concerned about the depth and recommended to leave as is.  No action was taken. 

Motion was made by Johnson and seconded by Shanks Tabling Master Lease Agreement for Lease Purchase payments on a John Deere 6125M Cab Tractor and a John Deere CX15 Flex-Wing Rotary Cutter, Dist#1.  Johnson said he was planning to purchase this off the state contract and this equipment will replace a tractor and mower he sold at the Elk City auction in March.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye.

 

Six Month Bid List for Commonly Used Items:  County Clerk Reese said she put this on the agenda to give the commissioners time to review the specifications before going out for bids.  She said some items may need to come off the list, for instance, if they involve out of county labor.   Reese will provide BOCC with a complete list and specifications on Bids#2015-1 thru 14 for their review.  No action was taken.

 

Uniform Contract:  Commissioner Johnson said County Clerk’s office wanted this discussed and wanted to know if we wanted to go out for bid for this service.  Each commissioner discussed their districts needs and items they may be eliminating on contract.

 

Motion was made by Shanks and seconded by Johnson approving to leave each district as is on the Uniform Contract.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye.

 

Motion was made by Shanks and seconded by Johnson approving the following 27 Public Service/Pipeline Crossing Line Installations (Kay Wind Farm), Apex Clean Energy, D#2:  SW/SW 26-29-1E ending NW/NW 35-29-1E, W. Home Rd; NW/NW 35-29-1E ending NE/NE 24-29-1E, N.”T” St; NW/SW 7-28-1E ending NE/SE 12-28-1W, N.”P” St; SW/NW 2-28-1E ending SE/NE 3-28-1E, N. “T” St; SW/NW 10-28-1E ending SE/NE 9-28-1E, N. “S” St; SW/SW 9-28-1E ending SE/SE 8-28-1E, N. “R” St; NW/NW 2-28-1E ending NE/NE 3-28-1E, N. “T” St; NW/SW 3-28-1E ending NE/SE 4-28-1E, N. “S” St;      SW/SW 4-28-1E ending SE/SE 5-28-1E, N. “R” St; SW/SW 2-28-1E ending SE/SE 3-28-1E, N. “T” St; SW/SW 26-29-1E ending NW/NW 35-29-1E, W. Home Rd; NW/NW 35-29-1E ending NE/NE 34-29-1E, N. “T” St; SE/NE 6-28-2E ending SW/NW 5-28-2E, N. West St; SE/NE 5-28-2E ending SW/NW 4-28-2E, N. Waverly Rd; SW/SW 11-28-1E ending SE/SE 10-28-1E, N. “T” St; NE/SE 30-29-2E ending NW/SW  29-29-2E, N. West St; SE/SW 25-29-1E ending NE/NW 36-29-1E, W. Home Rd; SW/SW 3-28-1E ending NW/NE 10-28-1E, W. Bender Rd; SW/SW 8-28-1E ending SE/SE 7-28-1E, N. “Q” St; SE/SW 25-29-1E ending NE/NW 36-29-1E, W. Home Rd; SE/SW 25-29-1E ending NE/NW 36-29-1E, W. Home Rd; SE/SE 3-28-1E ending NE/NE 10-28-1E, W. Bender Rd; SW/SW 19-29-1E ending NW/NW 30-29-1E, W. Indian Rd; SW/SE 30-29-2E ending NW/NE 31-29-2E, W. Home Rd; SW/SE 30-29-2E ending NW/NE 31-29-2E, W. Home Rd; SW/NW 7-28-2E ending SE/NE  12-28-1E, N. Ranch Rd; SW/SW 29-29-2E ending NE/NE 31-29-2E, N. West St.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by Johnson approving the following 27 Public Service/Pipeline Crossing Line Installations (Kay Wind Farm), Apex Clean Energy, D#2:  NW/NW 19-29-1E ending NE/NE 24-29-1E, N. Ranch Rd; NE/NE 24-29-1E ending SE/SE 13-29-1E, W. Judo Rd; NW/NW 19-29-1E ending NE/NE 24-29-1E, N. Ranch Rd; NE/NE 24-29-1E ending SE/SE 13-29-1E, W. Judo Rd; NW/NW 19-29-2E ending NE/NE 24-29-1E, N. Ranch Rd; SE/SE 23-29-1E ending NE/NE 26-29-1E, W. Indian Rd; NW/NW 4-28-1E ending SE/SE 32-29-1E, N. “R” St; SW/NW 19-29-2E ending SE/NE 24-29-1E, N. Ranch Rd;      NE/SE 31-29-2E ending NW/SW 32-29-2E, N. “W” St; NW/NW 14-29-1     E ending NE/NE 15-29-1E, N. “T” St; NW/SW 5-29-1E ending NE/SE 16-29-1E;  SE/SW 16-29-1E ending NE/NW 21-29-1E, W. Judo Rd; NW/NW 21-29-1E ending NE/NE 20-29-1E, N. “R” St; NW/SW 32-29-1E ending NE/SE 31-29-1E, N. “Q” St; NW/SW 27-29-1E ending NE/SE 28-29-1E, N. “S” St; NW/SW 28-29-1E ending NE/SE 29-29-1E, N. “R” St; NW/SW 29-29-1E ending NE/SE 30-29-1E, N. “Q” St; NE/SE 32-29-2E ending NW/SW 33-29-2E, N. Waverly Rd; NE/SE 33-29-2E ending NW/SW 34-29-2E, N. Union St; NE/NW 21-29-1E ending SW/SE 16-29-1E, W. Judo Rd; SE/SE 1-28-1E ending SW/SW 6-28-2E, N. Ranch Rd.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye. 

 

Motion was made by Johnson and seconded by Shanks approving the following Resolutions to Dispose of Equipment:  Res#14, 15-197, Court Clerk, Black Leather Chair, junked; Res#14, 15-198, Highway Dist#1, 2006 Peterbilt Truck/Tractor, surplus-to be sold at McAlester Surplus Auction, 6-20-15.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye. 

 

Motion was made by Skidmore and seconded by Shanks approving the following Resolutions to Deposit Funds:  Res#14, 15-194, Highway Dist#1-$4,124.40, sale of scrap metals; Res#14, 15-195, Highway Dist#1-$944.48, claim reimbursement on LA Cann Monument base repairs; Res#14, 15-196, Highway Dist#3-$52.14, refund of overpayment on AFLAC for an employee; Res#14, 15-199, Highway Dist#2-$145,994.83, reimbursement BIA Bridge#247.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye. 

 

Commissioner Johnson said he wanted to take time to thank Elaine with Kaw Nation for all the help and support from the tribes on these projects.  He said without their support these projects would not be possible. 

 

Motion was made by Shanks and seconded by Johnson approving the following Cash Fund Estimate of Needs and Request for Appropriations:  Highway Dist#1-$4,124.40; Highway Dist#1-$944.48; Sheriff’s Service Fee-$39,135.27; County Sales Tax-$54,105.04; Highway Dist#2-$145,994.83.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye.

 

Transfer of Appropriations (Health Department):  Commissioner Johnson questioned the transfer of $213,600 from Capital Outlay to Personal Services.  Clerk Reese said the transfer was being made to meet payroll obligations for the remainder of the fiscal year.  Johnson said he would like to see better budgeting practices made and would like more explanation. 

 

Motion was made by Shanks and seconded by Skidmore approving the following Transfer of Appropriations:  Health Department Capital Outlay-$213,600.00 to Personal Service.  Motion carried:  Shanks, aye; Johnson, nay; Skidmore, aye.

 

Unscheduled Public Appearances:  Elaine Harley Hud, Kaw Nation, introduced herself to the BOCC.  Commissioner Johnson and Skidmore thanked her for being present and asked if she was new on the tribal board.  Ms. Hud said she was elected this past November.

 

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.

 

Motion was made by Johnson and seconded by Shanks approving Blanket Purchase Orders.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye.

 

Motion was made by Johnson and seconded by Skidmore approving Maintenance & Operations claims.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye.

 

Commissioner Johnson left the room to ask ADA a question (10:10 a.m.).

 

Commissioner Shanks stepped out of the room to take a telephone call (10:15 a.m.).

 

FY 2014/2015 PURCHASE ORDERS:

                2014-2015 PBA: 23, Ultimate Pest Management LLC, 44.00, Pest Control; Serv.Fee: 357, Tebow, Daniel L., 672.00, Juvenile Transports; 358, Tebow, Alma, 276.00, Juvenile Transports; 359, AT&T Mobility, 436.64, Internet Fee; 360, Take Ten Tire, 1247.16, Maintenance; 361, Southwest Business Products, 91.26, Office Supplies; 362, Oklahoma Tax Commission, 37.50, Tag; 363, Safelite Auto Glass, 331.84, Windshield Repair; 364, Visual Solutions, 42.00, ; 365, Blackwell Animal Hospital, 95.00, ; Drug Court: 61, Omega Laboratories Inc, 33.00, Drug Test; 62, Redwood Toxicology Laboratory, 79.10, Drug Testing; 63, Redwood Toxicology Laboratory, 630.40, Drug Testing;

                County Sales Tax Fund: 1130, Global Equipment Company, 473.52, Supplies; 1131, Cards Service Center, 1766.73, Supplies; 1132, Southwest Paper, 972.65, Supplies; 1133, Hubris Communications, 24.95, Email host; 1134, ESW Correctional Healthcare, 20833.33, Medical Services;1135, Fuelman Of Oklahoma, 459.90, Fuel; 1136, AT&T, 1255.00, Internet; 1137, AT&T, 805.31, Billing; 1138, Bob Barker, 496.80, Inmate Supplies; 1139, Ultimate Defense, 6750.00, Training; General: 2028, Klumpp, Larry A., 1124.93, Travel; 2029, Cary, Joe R., 136.25, Travel; 2030, Sooner Legends Inn & Suites, 332.00, Lodging; 2031, Kay Office Equipment, 21.18, Maintenance Agree.; 2032, Fleetcor Technologies, 1305.53, Fuel; 2033, Reese, Tammy, 183.23, Travel & Meals; 2034, Southwest Business Products, 275.81, Binders; 2035, Burkes Classic Restoration, 187.00, Repairs; 2036, Trout Funeral Home,

                500.00, Charity cremation; Health: 394, Parker Pest Control, 178.00, Pest Control; 395, Sigrid Krause, 190.90, Travel; 396, Bank Of The West, 7960.13, Loan Payment; 397, Ponca City Utility Authority, 1290.08, Billing; 398, AT&T, 420.46, Phone bill; 399, Walmart Community BRC, 23.19, Supplies; 400, Langdon, Emily, 437.11, Travel; 401, June Fetters, 157.72, Travel; 402, Michelle Ailey, 154.61, Travel; 403, Forman, Tammy, 11.50, Travel;

                404, Centerpoint Energy Arkla, 62.56, Gas bill; 405, OK Natural Gas, 131.98, Gas bill; 406, Green Automated Solutions, 451.89, Maintenance Agree.; 407, Merrifield Office Plus, 151.50, Folders; Highway: 1811, Kelle Oil Company, 29.94, Parts; 1812, AT&T, 505.28, Phone line repair; 1813, Alcohol & Drug Testing Inc, 188.80, Drug Test; 1814, G W Vankeppel Co, 1043.33, Screen; 1815, Grant County Dist #3, 6485.14, Rock; 1816, Sober Brothers, 2663.22, Rock; 1817, Rays Used Equipment, 621.40, Parts; 1818, Cintas Corporation Loc, 896.20, Uniform Service; 1819, Owen Auto Supply, 386.81, Parts; 1820, Cross Oil, 660.00, Fuel; 1821, Dish, 17.00, Dish Network Billing; 1822, OK Natural Gas, 62.54, Billing; 1823, Sober Brothers, 2688.00, Rock; 1824, Centerpoint Energy Arkla, 130.21, Billing; 1825, Galaxie Business, 56.40, Copier contract; 1826,Sunbelt Equipment & Supply, 5806.68, Beams; 1827, Action Truck Parts, 1676.11, Fuel tank; 1828, P & K Equipment Inc, 460.74, Blades; 1829, Sober Brothers, 2569.59, Rock; 1830, J & P Supply, 40.98, Towels; 1831, Evans & Associates, 1687.97, Hot Laid Asphalt; 1832, Power Plan, 22.48, Transmission Repairs; 1833, Merrifield Office Supply, 79.49, Supplies; 1834, Cross Oil, 12530.02, Diesel Fuel; 1835, Hercules Tire Sales, 478.64, Tire; 1836, Mitchell, Robert D, 6.00, Tolls; 1837, Zee Medical, 245.70, Medical Supplies; 1838, P & K Equipment, 4.24, Yard Maintenance; 1839, Unifirst Holdings Inc, 159.99, Uniform Cleaning; 1840, Hughes Lumber, 43.14, Lumber; 1841, Hughes Lumber, 138.50, Plywood; 1842, Shanks, Jason R, 128.80, Mileage; 1843, Deere Credit Inc, 1381.36, Lease Purchase Payment; 1844, SNB NA, 1704.06, Lease Purchase Payment; 1845, RCB Bank, 1814.15, Lease Purchase Payment; Cert.Fee: 10, Embassy Suites - Norman, 258.00, Lodging; 11, Embassy Suites - Norman, 172.00, Lodging

               

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 Shanks and seconded by Johnson to reconvene the BOCC regular meeting to Kay County Dist#2, 1125 West Dry Road, Newkirk, OK (10:30 a.m.).  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye.

 

Motion was made by Shanks and seconded by Johnson to enter into the BOCC regular meeting at Kay County Dist#2 (10:50 a.m.).   Motion carried:  Shanks, aye; Johnson, aye (Skidmore absent to attend E911 meeting at the courthouse).

 

Presentation and demonstration of an asphalt zipper machine was given by Barry Dill with Asphalt Zipper.  Dist#1 and Dist#2 had some of their crew in attendance for the demonstration and Commissioner Skidmore arrived around 11:15 a.m.

 

There being no other business, motion was made by Johnson and seconded by Skidmore to adjourn, 11:45 a.m.  Motion carried:  Shanks, aye; Johnson, aye; Skidmore, aye.

 

 

 

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Approved this 11th day of May, 2015.

 

                            _____________________________

                 JASON SHANKS, CHAIRMAN

                                        

                                                              _____________________________

                 VANCE JOHNSON, MEMBER

              

                _____________________________

     PAUL SKIDMORE, MEMBER

 

ATTEST:

 

_________________________________

TAMMY REESE, COUNTY CLERK

COUNTY OF KAY, STATE OF OKLAHOMA

SECRETARY, BOARD OF COUNTY COMMISSIONERS

(SEAL)

 

 

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