The Board of County Commissioners (BOCC) of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, September 28, 2015, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma. Notice of the meeting was posted for public information on September 25, 2015, at 8:50 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 (9:02 a.m.); Brian Hermanson, District Attorney (DA); Susan Keen, Kay County Assessor; Christy Kennedy, Kay County Treasurer; Everette Van Hoesen, Kay County Sheriff; Don Jones, Kay County Detention Center Director (KCDCD); Harold Hughs, Kay County Detention Center (KCDC); Cheryl Howard, Kay County Election Board Secretary; Jason Orr, Newkirk City Manager; Jeremy Frazier, Newkirk Assistant City Manager; Homer Nicholson, Mayor of Ponca City; Scott Cloud, Newkirk Herald Journal; Claude Williams, Taxpayers for Transparency; Sharon Rowen, Ponca City News; Tammy Reese, Secretary/Kay County Clerk. (See sign in sheet).
Chairman Shanks led the Flag Salute.
Motion was made by Skidmore and seconded by Shanks approving regular meeting minutes of September 21, 2015 and special meeting minutes of September 22, 2015. Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
Jail Director Report: Don Jones, KCDCD, presented a report noting 256 as the current head count, 47 arrested and released over the weekend and 114 for the week, arrested and released from September 1, 2015-270, daily average of 349, minimum amount of inmates-236, maximum amount of inmates-275, high for 24 hour period for September 2015-298, 12 inmates sentenced to county time, 41 inmates sentenced to Department of Corrections (DOC)/ (waiting to go to prison), 10 weekenders and sanctions, 9 paid contracts with BIA and Bridgeway currently are holding four (4) inmate on writs (prison to court).
Discussion regarding Writs and transports with Kay County Sheriff Department: Sheriff Van Hoesen said he didn’t have anything new to report.
Discussion regarding transferring salvaged limestone rock from the old high school to the City of Newkirk: Jason Orr, Newkirk City Manager, said he was here to make a formal request for 500 square feet of the limestone rock. He noted that estimate was given to him by the architect.
Commissioner Skidmore said he thought there were 4000 square feet of limestone and Shanks said he had 72 pallets.
Mr. Orr said he wanted to clear up a couple of things. He said it is the cities intent to keep the good working relationship between the county and city. Orr stated no one from the city offices called and reported the county (regarding regulations on tearing down the old high school) to DEQ.
There was no interlocal agreement presented but Commissioner Johnson said he would handle the paperwork regarding this matter.
Motion was made by Johnson and seconded by Shanks approving to give the City of Newkirk 500 square feet of limestone rock coming from the old high school. Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
Invoice from DerryBerry & Naifeh, LLP in the amount of $1,737.50 for services received by former Commissioner Dee Schieber concerning the Fair Association: Johnson presented this invoice to DA Hermanson. Hermanson noted this bill was also received approximately six months ago and at that time he researched the matter. He said he reviewed the BOCC minutes from the time this actually took place. Hermanson stated that two of the BOCC wanted permission to hire an outside law firm regarding moving the Kay County Free Fair and as their District Attorney he stated he denied their (BOCC) request. Hermanson also noted that one of the billings was prior to the meeting date where he denied their request to seek an outside law firm. Hermanson said he wrote a letter to the law firm and told them that this commission has no obligation to pay for these services.
No action was taken regarding an invoice from DerryBerry & Naifeh, LLP in the amount of $1,737.50 for services received by former Commissioner Dee Schieber concerning the Fair Association.
Motion was made by Shanks and seconded by Johnson approving an Agreement by and between the BOCC and Shepherd Oil Company for remote terminal capabilities with the Assessor’s office. DA Hermanson mentioned the only problem he has with this is the renewal portion but he authorized. Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Johnson approving engagement letters from the Oklahoma State Auditor & Inspector office to audit Kay County for the years ended June 30, 2013, 2014 and 2015. (The 2015 engagement letter, although approved, has not been received.) Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
Meeting to be held on October 2, 2015 in Perry, Oklahoma about the City of Enid solicitation for input and notice of agency meeting for City of Enid alternate water supply-Kaw Lake and proposed pipeline routes through Kay County: Commissioner Johnson said someone from the BOCC needs to attend the meeting. He said the proposed route does not go to Newkirk and that petitions are in place to run pipeline through the district.
Commissioner Skidmore said he heard from Representative John Pfieffer that the permit has already been approved.
Mayor Homer Nicholson said Ponca City has well water and that Ponca City and Stillwater own the existing valve.
Commissioner Shanks said he is not in favor of giving the water.
DA Hermanson said Billie Chrz, ADA, can attend the meeting as well.
Motion was made by Johnson and seconded by Shanks approving to send Commissioner Shanks to the meeting as the BOCC representative to be held on October 2, 2015 in Perry, Oklahoma about the City of Enid solicitation for input and notice of agency meeting for City of Enid alternate water supply-Kaw Lake and proposed pipeline routes through Kay County. Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
Rental and operation of a rock quarry by Kay County: Commissioner Johnson said he has been doing a preliminary study regarding the county renting the Stony Point Rock Quarry. He stated currently the county spends approximately $200,000 a year in gravel. Johnson said to rent the quarry would be around $5-$7,000 per month, $5-$6,000 on a rock crusher, two employees plus would need a loader, extractor and hammer making the cost around $220,000 a year. He said while this is $20,000 higher than currently spending the county would be able to have an endless supply of gravel to keep county roads in better shape.
DA Hermanson said he contacted the District Attorney in Grant County and he was not in favor of the Grant County BOCC doing this. Hermanson stated he would not have a problem with this if it was decided it would be economically sufficient for the county.
Commissioner Skidmore said he didn’t know if Dist#3 would be financially able to help with this expense. He said he is spending around $5,000 a month and hauling all he needs.
Commissioner Shanks said he is interested.
Commissioner Johnson said he would pursue further.
Road and Bridge Projects/Circuit Engineering District (CED) No.8 Road and Bridge Projects: Commissioner Shanks said crews were pulling shoulders on Pleasantview Rd., mowing, blading in Braman area and hope to have Bridge 18 completed by the end of the week.
Commissioner Johnson said his crews are blading, hauling materials to roads and asphalting. He said this has been a hard year to stay up with the mowing and that crews continue to mow dirt roads and are using boom mower.
Commissioner Skidmore noted his crews continue to dig and haul shale for the FEMA damages, blading, mowing, mowing and spraying right-of-ways and will start making truck repairs.
Motion was made by Johnson and seconded by Skidmore approving the following Public Service/Pipeline Crossing Line Installations: Stimulation Pumping Services LLC, N2/SW4 S29 T25N R1E ending S2/NW NE NE4 S21 T25N R1E, “R” Str., Dist#1; Kay Electric Cooperative, NE4/NW4 S32 T29N R2E ending SE4/SW4 S29 T29N R2E, Home Rd., Dist#2; Kay Electric Cooperative, SE4/NW4 S13 T29N R4E ending SW4/NE4 S13 T28N R4E, No. Payne Rd., Dist#2. Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Johnson approving the following Kay County Monthly Reports for August 2015: County Clerk (2). Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
Motion was made by Johnson and seconded by Shanks approving on the following Declaration of Surplus Resolutions: Res#15, 16-65, Treasurer, HP Laser Jet 5200 series printer; Res#15, 16-70, Court Clerk, Toshiba Copier. Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
Motion was made by Johnson and seconded by Shanks approving the following Resolutions to deposit funds: Res#15, 16-61, Highway Dist#1-$36,633.98, FEMA Voucher#00063128, Inv#PA-4222 PW87 B87(96) #3013 FEMA DR4222 PW87; Res#15, 16-63, Highway Dist#1-$10,518.31, FEMA Voucher#00063143, Inv#PA-4222 PW170 B170(128) #3014 FEMA DR4222 PW170; Res#15, 16-64, Highway Dist#3-$71,350.01, FEMA Voucher#00063181, Inv#PA-4222 PW198 B198(174) FEMA DR4222 PW198; Res#15, 16-66, Highway Dist#1-750.00, Public Service/Pipeline Crossing Line Installation; Res#15, 16-67, CBRI 105C-$590.00, refund result of closing project-BRO-136D(176)CO, CO BR over Canadian Cr., 12.7 mi east & 0.4 north of Newkirk JP25645(04) C4000-20 Dist#2; Res#15, 16-68, County Sales Tax-$300.00, refund from Nationwide Retirement Solutions Inc. for deferred compensation contributions made before correct enrollment forms were received by Nationwide on an employee; Res#15, 16-69, CBRI 105C-$52,912.98, distribution of remaining CBRI cash to close 250C Fund D9-2015 CBRI Refund 036 C4000-20. Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
Motion was made by Johnson and seconded by Shanks approving the following Cash Fund Estimate of Needs and Request for Appropriations: Highway-$342,370.63, D#1-$114,123.55; D#2-$114,123.54; D#3-$114,123.54; Highway Dist#1-$10,518.31; Highway Dist#1-$36,633.98; Highway Dist#1-$750.00; Highway Dist#2-$1.56; Highway Dist#3-$71,350.01; CBRI 105C-$20,056.61; CBRI 105C-$20.31; CBRI 105C-$590.00; CBRI 105C-$52,912.98; Sheriff’s Service Fee-$18,211.09; Visual Inspection Reimbursement-$600.91; County Sales Tax-$300.00; Public Buildings Authority-Pioneer Technology Center-$1.22; Public Buildings Authority-Tonkawa Public Schools-$1,476.85; County Improvement-$0.18. Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
Motion was made by Johnson and seconded by Shanks approving the following Transfer of Appropriations: County Clerk Preservation Fee Capital Outlay-$1,500.00 to Maintenance & Operations (M&O). Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
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. DA Hermanson told he would be in a murder trial for the next couple of weeks and may be reached through email or text. He said he would have someone from his office attend the Monday meetings.
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 Shanks and seconded by Skidmore approving Maintenance & Operations claims. Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
FY 2014/2015 PURCHASE ORDERS:
2014-2015 County Sales Tax Fund: 1382, Bob Barker Co, 497.75, Supplies
FY 2015/2016 PURCHASE ORDERS:
2015-2016 Serv.Fee: 109, Fleetcor Technologies, 1997.67, Blanket For Fuel; 110, Fleetcor Technologies, 1234.66, Blanket For Fuel; 111, Galaxie Business, 46.18, Blanket For Copier Maintenance; 112, McDonald Computer Services LLC, 299.97, Maintenance; 113, Jay Warner Body & Paint, 14877.05, Blanket for repairs; 114, Special-Ops Uniforms, 167.47, Uniforms; 115, Tulsa Co. Juvenile Bureau, 352.00, Juvenile Detention; 116, Ramirez, Veronica, 81.00, Juvenile Transports; 117, Hesson, Daniel, 33.00, Transports; Training: 10, Tru-Line Striping, 225.00, Striping;
Drug Court: 20, Omega Laboratories Inc, 66.00, ; 21, Embassy Suites - Norman, 404.31, Lodging; 22, Redwood Reditest Screening Devices, 997.50, Test kits; 23, Ramey Price Cutter, 583.64, Food; 24, Gold-N-Treasures, 88.02, Key Fobs; 25, Ok Court Services, 198.16, Supplies; 26, Staples, 16.49, Cards; 27, Affairs To Remember, 361.00, Supplies; County Sales Tax Fund: 350, Quality Water Service, 340.50, Water Service; 351, Cards Service Center, 1246.73, Supplies; 352, Sierra Detention Systems, 11981.15, Upgrade; 353, Farha Wholesale Co., 985.07, Blanket For Supplies; 354, Standley Systems, 252.07, Blanket For Copier Maintenance; 355, Staples, 674.69, Blanket For Supplies; 356, Merrifield Office Plus, 220.33, Supplies; 357, Cooks Direct, 608.72, Equipment; 358, Fuelman Of Oklahoma, 382.73, Blanket For Fuel; 359, ICS Jail Supplies Inc, 2775.00, Mattresses; 360, Bob Barker Co, 665.17, Supplies; 361, Bernard Food Industries, 1739.29, Supplies; 362, Ultimate Defense, 6500.00, Training; 363, Merrifield Office Plus, 474.65, Supplies; 364, Earthgrains Baking Company, 276.00, Food; 365, Arrow Machinery Company, 155.12, Parts; 366, Vinings Rental & Supply, 88.60, Rental; General: 552, STC, 129.00, Copier maintenance; 553, Top Secret Document Destruction Svcs, 42.00, Shredding; 554, Ponca City Center LLC, 1416.00, Lease; 555, Renaissance Tulsa Hotel, 249.00, Lodging; 556, Lowes Companies Inc., 236.55, Supplies; 557, Bankers Credit Card Services, 541.09, Blanket for out of county; 558, Ponca City News, 680.80, Blanket for publications; 559, AT&T, 513.03, Billing; 560, Card Service Center, 1273.91, Out Of County Expense; 561, AT&T, 288.18, Phone; 562, Hawthorne Suites By Wyndham, 376.00, Lodging; 563, STC, 84.00, Copier maintenance; 564, AT&T, 95.00, Blanket For Phone Services; 565, McDonald Computer Services LLC, 299.97, Screens; 566, Midwest Computers, 570.00, Printer; 567, Southwest Business Products, 63.78, Supplies; 568, Ponca City News, 84.00, Subscription; 569, Ponca City Center LLC, 1416.00, Lease; Health: 91, Pitney Bowes Inc, 80.37, Lease; 92, Falco Alarm Co., 213.00, Monitoring; 93, Wehunt, Amy, 49.45, Travel; 94, Bank Of The West, 7960.13, Loan Payment; 95, Language Line Services, 876.52, Billing; 96, OK Natural Gas, 102.49, Billing; 97, Tanya Pike, 55.20, Travel; 98, Ponca City Utility Authority, 278.82, Billing; Highway: 493, Ponca City Utility Authority, 574.16, Electric Service; 494, Renaissance Tulsa Hotel, 166.00, Lodging; 495, Action Truck Parts, 443.34, Blanket for parts; 496, G & B Auto, 469.00, Parts; 497, Quality Water Service, 55.50, Water; 498, City of Blackwell, 513.64, electric bill; 499, AT&T, 191.84, Billing; 500, Cintas Corporation Loc, 767.58, Blanket For Clothing; 501, Mike Redding, 500.00, Shale; 502, Circuit Engineering
District #8, 13.00, Stickers; 503, Myers Tire & Supply, 53.43, Air chuck; 504, AMC Urgent Care Plus, 75.00, DOT Physicals; 505, Warren Power And Machinery, 689.82, Parts; 506, Direct Discount Tire, 369.00, Repairs; 507, Circuit Engineering District #8, 71.00, Signs; 508, Ponca City Concrete Co, 188.00, Concrete; 509, Filter Care Of Missouri, 130.75, Filter Service; 510, Warren Power And Machinery, 627.57, Door Glass; 511, Dish Network, 35.82, Satellite service; 512, Cross Oil, 11980.60, Fuel; 513, Zee Medical, 176.00, Supplies; 514, Take Ten Tire, 201.70, Repairs; 515, Vermeer Great Plains, 37160.00, Shredder; 516, Johnson, Vance Howard, 109.02, Mileage; 517, USDA-APHIS-WS, 800.00, Rodent Services; 518, Circuit Engineering District #8, 221.45, Signs
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.
BOCC discussed with Newkirk City Manager Jason Orr about the limestone rock and discussion was made regarding the water board.
10:00 a.m. – Bid#2015-33-Sale of Miscellaneous Equipment, Dist#1 was opened as follows: Terry Cobb bid $57.00 on Lincoln R3R-400 DC Arc Welder- 3-Phase, $93.57 on Lot#1 Obsolete County Road Signs and $97.79 on Lot#2 Obsolete County Road Signs; Dan Waymire bid $2.50 on Lot#1 and Lot#2 Obsolete County Road Signs and $50.00 on 16’ Utility Trailer with 1’ sides.
Motion was made by Johnson and seconded by Shanks accepting highest bidder on Bid#2015-33-Sale of Miscellaneous Equipment, Dist#1 as follows: Terry Cobb’s bid of $57.00 on Lincoln R3R-400 DC Arc Welder- 3-Phase, $93.57 on Lot#1 Obsolete County Road Signs and $97.79 on Lot#2 Obsolete County Road Signs and Dan Waymire’s bid of $50.00 on 16’ Utility Trailer with 1’ sides. Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
There being no other business, motion was made by Shanks and seconded by Johnson to adjourn, 10:22 a.m. Motion carried: Shanks, aye; Johnson, aye; Skidmore, aye.
Approved this 5th day of October, 2015.
JASON SHANKS, CHAIRMAN
VANCE JOHNSON, MEMBER
PAUL SKIDMORE, MEMBER
TAMMY REESE, COUNTY CLERK
COUNTY OF KAY, STATE OF OKLAHOMA
SECRETARY, BOARD OF COUNTY COMMISSIONERS