The Board of County Commissioners (BOCC) of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, June 6, 2016, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on June 3, 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:  Paul Skidmore, Member; Jason Shanks, Member; Brian Hermanson, District Attorney (DA); Christy Kennedy, Kay County Treasurer; Susan Keen, Kay County Assessor; Everette Van Hoesen, Kay County Sheriff; Harold Hughs, Kay County Detention Center (KCDC); Dennis Bonewell, Emergency Management Director; Aaron Young and Matthew Dorsen, Amshore/Duke Energy; Gary Cypert, Complete Energy; Jeff Sabin, Center for Economic Development Law Firm; Glen Nickles, Evans & Associates; Dale Roberson, McConnell & Associates; Scott Cloud, Newkirk Herald Journal; Claude Williams, Taxpayers for Transparency; ; 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 the regular meeting minutes of May 31, 2016.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.


Jail Director Report:  Harold Hughs, KCDC, presented a report noting 262 as the current head count, 61 arrested and released over the weekend and 117 for the week, arrested and released from June 1, 2016-93, daily average of 261, minimum amount of inmates-254, maximum amount of inmates-267, high for 24 hour period for June 5, 2016-280, eight (8) inmates sentenced to county time, 36 inmates sentenced to Department of Corrections (DOC)/(waiting to go to prison).  Hughs said DOC is housing 1,000 inmates at 125% capacity.  The report showed seven (7) weekenders and sanctions, 40 paid contracts with BIA and Bridgeway currently are holding three (3) inmates on writs (prison to court). 


Writs and transports with Kay County Sheriff Department:  Sheriff Van Hoesen said he did not have a report for today. 


Motion was made by Shanks and seconded by Skidmore approving Juvenile Detention Contract between the Creek County Juvenile Detention Center and the BOCC of Creek County and the BOCC of Kay County, $39.39 per day per child.    DA Hermanson noted he reviewed and contract is fine.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 


Motion was made by Skidmore and seconded by Shanks approving Reimbursement for Election Board Secretary Salary for May 2016.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 


Proposal to hire Center for Economic Development Law Firm to perform an initial evaluation on creating an Economic Development Trust for Kay County:  DA Hermanson noted he was approached by Duke Energy to set up an Economic Development Trust for Kay County to plan for wind turbines in Kay County.  Hermanson said he asked Jeff Sabin with Economic Development Law Firm to attend the BOCC meeting to speak.  Mr. Sabin explained this is a Tax Increment Financing (TIF)  and said Kay County would need to have a financial feasibility study done.  He told the BOCC Duke Energy offered to front the services for the study should the BOCC decide to hire.


DA Hermanson noted the State of Oklahoma is no longer providing TIF on wind farms and this would allow another avenue.  He said the BOCC would be taking the lead on this and the cost involved is $40,000 but would be paid by Duke Energy (noting the law firm would charge hourly rates).


Commissioner Shanks asked how the tax incentive for Duke Energy would benefit Kay County.


Mr. Sabin indicated this is a highly competitive market for where wind farms are placed and stated it would be a long-term benefit for the county making the biggest impact for the school districts of Newkirk, Ponca City and Blackwell.


Commissioner Johnson asked if the feasibility study will include the taxes and Mr. Sabin said they will examine the mill levies and bring examples back for review.


Matt Dorsen, Duke Energy, said the feasibility study is the “stepping stone” to see if this will work for the county and Duke Energy.  He noted Duke Energy will pay for the legal fees and this would be considered the initial phase.  The report should be ready by mid-July but the total process takes several months.


DA Hermanson told the BOCC he is not making any recommendations other than suggesting they get feedback from the community and the other county officers.  Commissioner Shanks asked if we could legally hire them and Commissioner Johnson said he would like to see it go to the vote of the people. 


Mr. Sabin said there will be at least four public hearings and notice requirements of the hearings.  He said there is not a provision to put it out for the vote of the people but there is ample opportunities given for the citizens to voice their opinions.


Commissioner Skidmore said the feasibility study will be good for both parties involved. 


DA Hermanson recommended taking “no action” today and to put back on the agenda at a later date.


Kay County Treasurer Christy Kennedy asked if they want this tax incentive from the county because the state no longer provides the five year exemption on wind mills and is this plan just a different way to receive a tax incentive for approximately 5-10 years.  The response was yes and it would be for 20-25 years.


Road and Bridge Projects/Circuit Engineering District (CED) No.8 Road and Bridge Projects:

Commissioner Skidmore reported crews continue to dig and screen shale and haul rock to the roads. The graders have been laying shale and grading roads.    Crews continue to work on roads for FEMA project.

Crews have been spraying, mowing bridges and roadsides, working on 156th & Coleman taking out trees and clearing ditches, hauling dirt to Bridge#86 on Chrysler and building the approach to the bridge, removing chunks of concrete on 44th Street and filling potholes with crusher rock.  Skidmore mentioned problems with radiator on one of the haul trucks and it is getting repaired.


Commissioner Shanks noted crews are going over all the roads and working on Pine Street.


Commissioner Johnson stated crews are blading, hauling material and trimming trees district wide as well as replacing and repairing road signs and reflectors.  He said demolition was done at “T” Street Bridge south of Highway 11.  Crews continue to work on Brake Road Project and will start pouring cement on Wednesday.  Johnson said he met with the Core of Engineers regarding Hubbard Overflow and Rabbit Creek Bridge.


Non-cost change order on the Brake Road Project:  Commissioner Johnson noted the contractor misread the bid specifications and did not remove gravel and haul to his shop; contractor agreed to replace 1,000 ton of gravel to Dist#1.


Motion was made by Skidmore and seconded by Shanks approving a non-cost Change Order #1 on the Brake Road Project where the contractor will haul 1,000 ton of gravel to Dist#1.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.  


Motion was made by Shanks and seconded by Skidmore approving Public Service/Pipeline Crossing Line Installation for the following:  Aexco Petroleum, Road crossing & temporary water line-NW4 NW4 S22 T25N R1E ending SW4 NE4 S21 T25N R1E, Dist#1.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.


Motion was made by Skidmore and seconded by Shanks approving and authorizing Requisitioning Officers-Corbin DeWitt & Lindsay Grace; Receiving Agent-Carole Stephens & Maribeth Ratliff; & Inventory Clerk-Carole Stephens for the Kay County OSU Extension Center Account #G0900.  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 May 2016:  Treasurer.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 


Motion was made by Shanks and seconded by Skidmore approving the following Resolutions to deposit funds:  Res#15, 16-136, Child Abuse Prevention-$317.51, jury service donations; Res#15, 16-137, Highway-D#1-$750.00, Public Service/Pipeline Crossing Line Installation; Res#15, 16-138, Highway-D#2-$453.00, Sale of scrap iron.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 


DA Hermanson explained how jury donations are collected. 


Motion was made by Skidmore and seconded by Shanks approving on the following Cash Fund Estimate of Needs and Request for Appropriations:  Highway-$281,956.77, D#1-$94,207.92; D#2-$93,707.93; D#3-$94,040.92; Highway Dist#3 BIA 44th Reconstruction-$0.16; Highway CBRIF-$15,602.32; County Clerk Lien Fees-$3,986.25; Preservation Fee-$4,050.00; Mortgage Certification Fee-$560.00; Sheriff Service Fee-$16,344.31; V.I. Reimbursement-$475.31; County Sales Tax-$351,837.83; Use Tax-$50,442.90; Drug Court-$6,064.00; County Cash Improvement-$0.10; Public Building Authority (PBA)-$1,408.84; PBA Pioneer Technology Center-$1.14; PBA Tonkawa Schools-$.95; PBA Ponca City Schools-$1.40.  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.


Motion was made by Shanks and seconded by Skidmore approving the May 2016 Payroll Verifications.  Motion carried:   Johnson, aye; Shanks, aye; Skidmore, aye. 


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


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



2015-2016 Lien Fee: 20, Vyve Broadband, 34.76, Cable; Serv.Fee: 388, Quality Water Service, 114.40, Blanket for water; 389, Fleetcor Technologies, 1362.12, Blanket For Fuel; 390, Security Transport Services, 962.10, Transports; 391, ROCIC, 300.00, Membership dues; County Bridge & Road Improvement: 5, River Ridge Construction Llc, 54000.00, Labor; County Sales Tax Fund: 1385, Take Ten Tire, 16.76, Blanket for repairs; 1386, Quality Water Service, 302.35, Blanket for water; 1387, OK Natural Gas, 21.29, Blanket for gas bill; 1388, Fuelman Of Oklahoma, 85.07, Blanket For Fuel; 1389, City of Newkirk, 8687.50, Blanket for electric bill; 1390, Briggs Hardware, 122.91, Blanket For Supplies; 1391, Bernard Food Industries, 1212.94, Blanket for food; 1392, Card Service Center, 471.21, Blanket For Supplies; 1393, AT&T, 1255.00, Blanket for internet; 1394, Bob Barker Co, 1997.08, Supplies;        General: 2377, Oklahoma State University, 947.59, Vehicle Maintenance; 2378, Staples, 36.27, Supplies; 2379, Take Ten Tire, 1140.72, Maintenance; 2380, Ponca City Center LLC, 1416.00, Lease; 2381, Vyve Broadband, 34.76, Cable; 2382, Quality Water Service, 22.90, Water; 2383, Quality Water Service, 36.75, Blanket for water; 2384, Standley Systems, 25.00, Blanket for maint.; 2385, Valero Short Stops, 226.76, Blanket For Fuel; 2386, Dewitt, Corbin, 387.89, Travel; 2387, Staples, 119.98, Supplies; 2388, City of Newkirk, 4379.84, Billing; 2389, Fenton Office Supply, 468.00, Chair; 2390, Quality Water Service, 31.05, Water; 2391, Galaxie Business, 84.90, Copier contract; 2392, Fleetcor Technologies, 1407.41, Blanket For Fuel; 2393, Burkes Classic Restoration, 2489.98, Blanket For Vehicle Maintenance; 2394, AT&T, 240.75, Blanket for equipment charge; 2395, Merrifield Office Supply, 92.00, Ink; 2396, Kay County Election Board, 660.96, Mileage; 2397, Kay County FloodPlain Mgmt., 80.00, Meeting expenses; Health: 453, Centerpoint Energy Arkla, 33.62, Billing; 454, Mollet, Michelle, 416.88, Travel; 455, Sigrid Krause, 101.52, Travel; 456, Harley, Wanda, 14.04, Travel; 457, Cusack, Michele, 43.20, Travel; 458, Allen, Jeanine, 48.60, Travel; 459, Michelle Ailey, 47.52, Travel; 460, AT&T Mobility, 303.16, Cell phone service; 461, Ponca City Utility Authority, 1404.88, Utility Bill; 462, Southwest Business Products, 492.58, Toner; Highway: 1950, Interstate Battery System Of Tulsa, 115.95, Misc Parts; 1951, Rick's Service Center & Discount Tire, 255.00, Repairs; 1952, Quality Water Service, 53.30, Blanket for water; 1953, Rural Water District #3, 48.36, Water; 1954, Cintas Corporation Loc, 1055.72, Blanket for uniform service; 1955, Yellowhouse Machinery Co, 788.00, Parts; 1956, OK Natural Gas, 101.40, Billing; 1957, Encounter Wireless Service, 36.00, Internet; 1958, Cintas Corporation Loc, 725.59, Blanket for uniform service; 1959, Blackwell Auto Parts, 145.26, Blanket for parts; 1960, Lampton Welding, 547.35, Repairs; 1961, Dish, 17.00, Satellite service; 1962, HD Supply Waterworks LTD, 3216.00, Pipe; 1963, RCB Bank, 1814.15, Lease Purchase Payment; 1964, SNB NA, 1704.06, Lease Purchase Payment; 1965, KanOkla Networks, 35.00, Internet; 1966, ACG Materials, 6246.08, Rock; 1967, ACG Materials, 1383.36, Crusher Run; 1968, Direct Discount Tire, 385.76, Tires; 1969, Turner Radiator & Air Cond., 90.00, Repairs; 1970, Helena Chemical Co, 267.75, Chemicals; 1971, Blackwell True Value Hardware, 15.99, Weatherstripping; 1972, Hardware Plus, 16.49, Washer; 1973, Wilson Propane, 10.30, Propane; 1974, Railroad Yard, 878.40, Pipe; 1975, Filter Care Of Missouri, 102.05, Filter Service; 1976, Farmers Grain Company, 11256.39, Diesel; 1977, Kelle Oil Company, 74.40, Washers; 1978, Cross Oil, 1585.10, Lease Purchase Payment; 1979, Deere Credit Inc, 2471.94, Lease Purchase Payment; 1980, Security National Bank, 1920.41, Lease Purchase Payment; 1981, Filter Care Of Missouri, 41.20, Parts; 1982, Jack Bowker Ford, 188.85, Latch; 1983, McDonald Computer Services LLC, 499.95, Computer Services; Cert.Fee: 9, Hampton Inn & Suites, 178.00, Lodging; 10, Kennedy, Christine L., 61.56, Mileage


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. 


10:00 a.m. - Opening of six month bids for commonly used items (July 1, 2016 to December 31, 2016) Bid#2016-19 through Bid#2016-26 as follows:  Bid#2016-19-Asphalt-Daniels Ready Mix, Tulsa Asphalt LLC, Wright Asphalt Products Co., Evans Asphalt Co. Inc., Evans & Associates Construction Company Inc., Logan County Asphalt Company, McConnell & Associates Corp., T&C Asphalt Materials, Asphalt Producers Inc., Coastal Energy Corp., Ergon Asphalt, Vance Brothers; Bid#2016-20-Bridge Materials-The Railroad Yard Inc., K&O Construction Supply, Sunbelt Equipment & Supply; Bid#2016-21-Grader Blades-Valk Manufacturing Co., C.L.Boyd Co. Inc., Dub Ross Co. Inc., Bid#2016-22-Concrete-G&C Concrete Co., GCC Ready Mix, PC Concrete, American Concrete; Bid#2016-23-Road Rock-Dolese Bros Co., Evans Asphalt Co. Inc., Sober Brothers Inc., G&C Concrete Co., APAC Central Inc., ACG Materials, Diemer Construction Co LLC, Stewart Stone Inc., Quapaw, Bowers Trucking Inc.; Bid2016-24-Culvert Pipe-HD Supply Waterworks, Dub Ross Co. Inc., Oklahoma Contractor’s Supply, The Railroad Yard Inc., D.P. Supply Co., Sunbelt Equipment & Supply; Bid#2016-25-Office Supplies-Merrifield Office Plus, Southwest Business Projects; Bid#2016-26-Janitorial Supplies-J&P Supply Inc., Merrifield Office Plus, Southwest Business Products, Farha Wholesale. 


Motion was made by Shanks and seconded by Johnson to Table six month bids for commonly used items (July 1, 2016 to December 31, 2016) Bid#2016-19 through Bid#2016-26.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.


There being no other business, motion was made by Skidmore and seconded by Johnson to adjourn, 10:30 a.m.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.


















Approved this 13th day of June, 2016.







                 VANCE JOHNSON, CHAIRMAN



                 PAUL SKIDMORE, MEMBER