The Board of County Commissioners (BOCC) of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, January 25, 2016, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma. Notice of the meeting was posted for public information on January 22, 2016, at 8:50 a.m. at the Courthouse front door, Commissioners Court, and basement handicapped entrance of the Kay County Courthouse in Newkirk, Oklahoma.
Chairman Vance Johnson called the meeting to order. Those present were as follows: Jason Shanks, Member; Paul Skidmore, Member; Brian Hermanson, District Attorney (DA); Susan Keen, Kay County Assessor; Cheryl Howard, Kay County Election Board Secretary; Don Jones, Kay County Detention Center; Kay County Sheriff Everette Van Hoesen; Kay County Undersheriff Steve Kelley; Ponca City Area Chamber of Commerce-President Rich Cantillon, Chair Bill Coleman, Chair-Elect Molly Kyler and Mandy Morris; Attorney David Cummings; Jeff Raley, Floyd Law Firm, P.C.; Stephen H. McDonald & Associates, Ron Fisher and Ryan McDonald; Ponca City Schools-Brett Smith and Don Nuzum; Claude Williams, Taxpayers for Transparency; Scott Cloud, Newkirk Herald Journal; Tammy Reese, Secretary/Kay County Clerk. (See sign in sheet).
Chairman Johnson led the Flag Salute.
Motion was made by Shanks and seconded by Skidmore approving regular meeting minutes of January 19, 2016. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Allowing Kay County restaurants to sell alcohol on Sundays: Bill Coleman, Chair of Ponca City Area Chamber of Commerce Board of Directors stated that $12 million taxable sales are spent each year at Ponca City restaurants. He noted neighboring counties like Noble and Osage are allowed to sell alcohol on Sundays putting Kay County at a disadvantage. Coleman said both Ponca City and Blackwell chambers voted unanimously for this economic issue and would like to put this topic on the primary election ballot and let the people vote.
DA Hermanson said in 1985 it was voted 9,600 to 5,700 to allow liquor by the drink but did not allow liquor to be served in restaurants on Sunday. He asked the BOCC if they would want to have public hearings to discuss further because there are strong feelings about this matter on both sides. Hermanson added 18 Oklahoma counties do not allow the serving of drinks in restaurants on Sunday.
Commissioner Skidmore said he felt it should be put on the ballots to “tell the tale”.
Commissioner Johnson said the primary election date is in June 2016 and felt it would be better to put on at that time instead of in August during a runoff election (in case there is not a runoff). Johnson said since this will be the citizens decision should this be put on the ballot for the November election to draw more people. Johnson asked for assistance in paying for election if the county had to do a special election. DA Hermanson said he thought the county would have to pay the expenses of a special election and could not accept donations. He agreed the November election would be the biggest election because it will be a Presidential election. Pros and cons were mentioned in regards to putting this matter on the November ballot.
Ponca City Chamber of Commerce Director Rich Cantillon stated if the county has concerns in paying for an election it would be fine to wait and put this on the November ballot.
Kay County Election Board Secretary Cheryl Howard said April 13th is the last day to request a Resolution to put this on the primary election ballot.
No action was taken regarding putting a question on the upcoming primary election ballot in August on whether Kay County restaurants should be allowed to sell alcohol on Sunday’s.
Motion was made by Shanks and seconded by Skidmore approving entering into a special meeting of the Kay County Public Building (9:11 a.m.). Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Skidmore approving re-entering the regular meeting of the BOCC. (9:51 a.m.). Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Skidmore and seconded by Shanks approving Resolution No. 15, 16-110 authorizing and approving the incurring of indebtedness by the Trustees of the Kay County Public Buildings Authority to be accomplished by the issuance of lease revenue bonds, bonds, notes or other evidences of indebtedness in one or more series on a tax-exempt or taxable basis, at a premium or discount, in the aggregate principal amount of not to exceed Twenty-Four Million Dollars ($24,000,000) to provide funds to Independent School District No. 71, Kay County, Oklahoma (“Ponca City Public Schools” or the “District”) required to complete the acquisition, construction, equipping, renovating and remodeling of school buildings, acquiring school furniture, fixtures, and equipment and acquiring and improving school sites; establish a reserve fund, if any, capitalize interest and pay costs of issuance and all matters related thereto, including but not limited to the waiver of competitive bidding thereof; and declaring an emergency. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Skidmore approving entering into a special meeting of the Kay County Home Finance (9:58 a.m.). Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Skidmore approving re-entering the regular meeting of the BOCC (10:05 a.m.). Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Jail Director Report: Don Jones, KCDCD, was in attendance but had to leave before his item appeared on the agenda. A report was presented noting 211 as the current head count, 54 arrested and released over the weekend and 128 for the week, arrested and released from January 1, 2016-300, daily average of 202, minimum amount of inmates-179, maximum amount of inmates-227, high for 24 hour period for January 17, 2016-235, eight (8) inmates sentenced to county time, five (5) inmates sentenced to Department of Corrections (DOC)/(waiting to go to prison). The report showed seven (7) weekenders and sanctions, 11 paid contracts with BIA and Bridgeway currently are holding three (3) inmates on writs (prison to court). Commissioner Shanks mentioned there may be new legislation to help with the DOC matter.
Writs and transports with Kay County Sheriff Department: Sheriff Van Hoesen said he didn’t have anything to report on at the time
Courthouse safety matters: Clerk Reese said at the last officers meeting it was mentioned the officers would like to have a “trial test drill” to know how the new phone system operates. Undersheriff Kelley noted only the courthouse security deputies can use the phone to contact each office to let them know when the situation is clear. He also told that officers and a few deputies will receive text messages on their personal cell phones and pagers. Kelley said he plans on attending a class on “active shooter” so he can become certified to teach and train others.
Quotes for courthouse security cameras: Undersheriff Kelley said he felt it was the responsibility of the Sheriff’s office to provide security for the courthouse. He made recommendations to the BOCC to purchase additional security cameras and update the current system. Kelley noted the current system is five years old and noted technical issues are occurring. He said he spoke with Cheryl Wilson at the State Auditor’s office and was told according to O.S. T61 quotes would be acceptable and it would not be necessary to go out for sealed bid since the expenses would be under $50,000.
Kelley discussed the quotes/costs involved with replacing everything (replacing all cameras)- Mac Systems-$29,190.00; SimplexGrinnell-$30,475.00; quotes/costs involved with adding three additional cameras, two DVR’s and one PTZ system upgrade – Mac Systems-$17,696.00; SimplexGrinnell-$22,200.00. Kelley made attempts to contact Travis Voice & Data and never received a response.
Commissioner Skidmore said he would like to recommend replacing everything and added you cannot set a cost on security. Undersheriff Kelley agreed and said the county needs to keep up with times regarding security matters. Both felt the cost to replace everything would be much less than what one law suit could do to the county.
Commissioner Johnson said he understands but also said the county needs to be conservative of funds. He asked if the security would be the same with the existing cameras as it would if we replaced everything. Undersheriff Kelley said it would be although the existing cameras would not be as clear.
Other questions were asked such as warranty and the costs involved in replacing the current cameras as needed. The courthouse security fund was also discussed and the revenue that fund is receiving off the new legislation allowing $10 going into this fund off each civil case filed. Kelley stated at this time there is not enough money in that fund to pay for these expenses. Johnson suggested letting the courthouse security fund build and in the future as current cameras need to be replaced the job could be paid for out of that fund.
Motion was made by Shanks and seconded by Johnson approving the low quote from Mac Systems-adding three additional cameras, two DVR’s and one PTZ system upgrade-$17,696.00 to be paid out of the General Government account. Motion carried: Johnson, aye; Shanks, aye; Skidmore, abstained.
Motion was made by Johnson and seconded by Shanks approving Agreement by and between the BOCC on the following for remote terminal capabilities in the Assessor’s office (reviewed and approved by Brian Hermanson, DA): OK Corporation Commission; City of Tonkawa; Vesta V. Miller, Inc.. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Skidmore asked what this service was and DA Hermanson explained that companies or individuals purchase remote terminal capabilities to have access to information from the Assessor’s office and to be able to look up that information from their office.
Motion was made by Johnson and seconded by Skidmore Tabling until additional quotes are provided for purchases of gravel, overhead heater, tables & chairs, air conditioning & heating unit, building materials, etc. from a NODA Grant for Bear Creek Fire Department. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Skidmore approving Resolution No. 15-16-105, IRS Regulations State Auditor’s Office recommends changes in certain compensation procedures as required by the Fair Labor Standards Act. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Road and Bridge Projects/Circuit Engineering District (CED) No.8 Road and Bridge Projects: Commissioner Skidmore reported crews are hauling sand and shale to the roads to get them back into shape, graders out in full force, cutting trees and cleaning up intersections for good visibility, pushing sand at Tonkawa pit, and Enviroclean has five men working on a one site this week. Skidmore said he has had one truck driver off since October that is back to work and mentioned his road foreman is still sick and recovering from a heart attack and is having a pacemaker put in. He said he is hoping for some nice weather and full crew so they can get some FEMA work done on the roads.
Commissioner Shanks noted crews are blading, pulling ditches on Dry Road, finishing pulling ditches for the wind farm, boom mowing and pushing sand.
Commissioner Johnson reported his crews are blading and hauling material to roads district wide, trimming trees district wide, replacing and repairing road signs and reflectors. He mentioned he has received several phone calls complaining about the rock trucks speeding on Kildare Road. Sheriff Van Hoesen noted he has had deputies out on Kildare Rd.
Motion was made by Skidmore and seconded by Shanks approving a request of $100 with documentation from the District Attorney to pay for cremation expenses of a still-born baby (mother refused to pick up the baby). Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Citizen’s use of county right-of-ways: Commissioner Skidmore said he asked for this to be put on the agenda to discuss the citizen’s using county right-of-ways. He asked the District Attorney what we can do to help maintain the county’s right-of-ways. Skidmore said fences are being put up, new construction of electrical poles, etc. He said he recently had one area surveyed out of county expenses because it is interfering with their ability to maintain ditches, roads and drainage issues.
DA Hermanson said landowners cannot interfere with county owned easement rights. Hermanson said he will look further into this matter. Skidmore asked the DA to provide him with statute references regarding this situation.
No action was taken on citizen’s use of county right-of-ways.
Motion was made by Shanks and seconded by Skidmore approving the following Public Service/Pipeline Crossing Line Installation: Kay Electric Cooperative, SW4/SW4 S33 T26N R2W ending SE4/SW4 S33 T26N R2W, North Ave., Dist#3. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
was made by Skidmore and seconded by Johnson approving authorizations for
Requisitioning Officer (RO), Receiving Agent (RA) & Inventory Clerk (IC) on
the following accounts: Kay County
Assessor-G1600, Kay County Visual Inspection-G1700, Visual Inspection
RO-Susan Keen, Janell Leaming, Amber Boyer, RA-Chandice Lawhon, Samantha Stubbs, Inventory Clerks-Samantha Stubbs, Amber Boyer; County Sales Tax-JC0800 & C0800-RO-Bruce Robinson, Jason Shanks, Harold Hughs, Don Jones, RA-Bambi Nichols, Bob Ennis, David Ash, IC-Bambi Nichols, Bob Ennis, David Ash. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Skidmore approving the following Kay County Monthly Reports for December 2015: Election Board. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Johnson and seconded by Skidmore approving the following Resolutions for Disposing of Equipment: Res#15, 16-108, County Clerk, HP800 Computer Workstation (hard drive removed), junked. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Johnson approving the following Resolutions to Deposit Funds: Res#15, 16-107, Highway Dist#2-$429.00, sale of scrap metal. Motion carried: Johnson, aye; Shanks, 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. None.
Quotes received to hire professional services pertaining to the required Filing to the IRS for the Affordable Care Act reporting of the health insurance benefits program administered by the County Clerk on behalf of the BOCC: Clerk Reese noted she made four contacts and one of the CPA’s made two contacts. Out of those contacts made only two were interested in doing reporting. Lisa Kubik, CPA-$175 per hour; Baskin Stevens & Freeland, P.C.-$50 an hour for his staff assistant plus $150 an hour for 1-2 hours of supervision by a CPA; CPA Kim Mayer- no quote (and the two contacts she made were no quotes); CPA Janet Davis with Jackson-Hewitt- no quote.
Motion was made by Shanks and seconded by Johnson awarding Lisa Kubik, CPA, quote for $175 per hour to do the required Filing to the IRS for the Affordable Care Act reporting of the health insurance benefits program administered by the County Clerk on behalf of the BOCC. Clerk Reese noted the software provider, KellPro, has indicated the program is IRS certified so the forms may be completed by the clerk’s office after approved by Lisa Kubik. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Johnson approving to enter into an Executive Session pursuant to and convened under authority of 25 O.S. Section 307.B.3, to discuss purchase of site for future location of Dist#3 warehouse (11:29 a.m.). Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Skidmore and seconded by Shanks approving to reenter the regular meeting of the BOCC (12:35 p.m.). Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
No action was taken on purchase of site for future location of Dist#3 warehouse.
Motion was made by Shanks and seconded by Johnson approving Payroll Verifications for January 2016. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Skidmore approving Blanket Purchase Orders. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Skidmore approving Maintenance & Operations claims. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
FY 2015/2016 PURCHASE ORDERS:
2015-2016 Reimburse: 32, Staples, 171.47, Blanket For Supplies; Serv.Fee: 233, Jay Warner Body & Paint, 1622.00, Repairs; 234, Galls Inc., 215.66, Uniforms; 235, Fleetcor Technologies, 1124.30, Blanket For Fuel; 236, Galaxie Business, 29.36, Blanket For Copier Maintenance; 237, Jay Warner Wrecker Service, 1053.05, Repairs; 238, Kansas Turnpike Authority, 52.05, Fees; 239, McDonald Computer Services LLC, 259.95, Maintenance; 240, Blackwell Animal Hospital, 84.34, Dog Maintenance; 241, Galls, 121.11, Uniforms; 242, Farha Wholesale Co., 218.83, Supplies; Drug Court: 57, Redwood Toxicology Laboratory, 1193.00, Test kits; 58, Staples, 86.93, Safe; County Sales Tax Fund: 859, Bernard Food Industries, 1026.93, Supplies; 860, McDonald Computer Services LLC, 859.98, Equipment; 861, Bernard Food Industries, 1350.57, Blanket for food; 862, Fuelman Of Oklahoma, 359.43, Blanket For Fuel; 863, Ultimate Pest Management LLC, 150.00, Blanket For Pest Control; 864, Southwest Paper, 982.99, Blanket For Supplies; 865, Grainger, 42.03, Supplies; 866, Ok Employment Security Commission, 4524.00, Unemployment; 867, Hot Shot Power Washing Inc, 490.00, Repairs; 868, McDonald Computer Services LLC, 215.93, Equipment; General: 1537, Walmart Community, 175.11, Blanket For Supplies; 1538, Kay County Free Fair Board, 8067.00, Premiums; 1539, Ok Employment Security Commission, 2950.00, Unemployment; 1540, AT&T Mobility, 9.41, Billing; 1541, OK Natural Gas, 251.33, Billing; 1542, Fleetcor Technologies, 792.97, Blanket For Fuel; 1543, Fleetcor Technologies, 852.76, Blanket For Fuel; 1544, UPS Store, 3.80, Shipping; 1545, AT&T, 95.00, Billing; 1546, OSU Cooperative Extension Serv, 3132.00, Contractual Services; 1547, Stolhand Heating & Air, 72.50, Repairs; 1548, Farha Wholesale Co., 35.88, Cleaner Degreaser; 1549, Merrifield Office Plus, 17.00, Soap; 1550, Staples, 287.97, Ink; 1551, Ink Technologies LLC, 94.00, Ink; 1552, Betsy Ross Flag Girls Inc., 456.80, Flags; 1553, Merrifield Office Plus, 159.00, Supplies; 1554, AT&T, 95.00, Internet; 1555, Southwest Business Products, 416.80, Ink Cartridges; 1556, Trout Funeral Home, 500.00, Burial Assistance; 1557, Staples, 50.97, Supplies; Health: 266, STC, 96.00, Copier; 267, OK Natural Gas, 290.48, Billing; 268, Bank Of The West, 7960.13, Loan Payment; 269, Mail Finance, 313.11, Lease; 270, Southwest Business Products, 37.49, Supplies; Highway: 1197, Hats Auto Supply, 412.78, Blanket for parts; 1198, City of Blackwell, 575.98, Billing; 1199, AT&T, 153.32, Billing; 1200, Brandts, 147.95, Blanket for parts; 1201, Circuit Engineering District #8, 335.00, Signs; 1202, Owen Auto Supply, 989.64, Blanket for parts; 1203, Circuit Engineering District #8, 675.00, Posts; 1204, ACG Materials, 6376.38, Rock; 1205, OCT Equipment, 80.26, Parts; 1206, Sober Brothers, 2929.40, Sand; 1207, Pioneer Technology Center, 35.00, Training; 1208, Dub Ross Co. Inc., 677.60, Culvert; 1209, Pemberton Chevrolet, 1213.95, Blanket for repairs; 1210, Newkirk Auto Parts, 336.99, Parts; 1211, Alcohol & Drug Testing Inc, 144.80, Testing; 1212, Turner Radiator & Air Cond., 85.00, Radiator Repairs; 1213, Take Ten Tire, 165.24, Tire repair; 1214, Johnson, Vance Howard, 100.55, Mileage; 1215, Moonlight Machine LLC, 232.26, Machine Work
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 Shanks and seconded by Johnson to adjourn, 1:04 p.m. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Approved this 1st day of February, 2016.
VANCE JOHNSON, CHAIRMAN
PAUL SKIDMORE, MEMBER
JASON SHANKS, MEMBER
TAMMY REESE, COUNTY CLERK
COUNTY OF KAY, STATE OF OKLAHOMA
SECRETARY, BOARD OF COUNTY COMMISSIONERS