The Board of County Commissioners (BOCC) of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, June 20, 2016, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on June 17, 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); Everette Van Hoesen, Kay County Sheriff; Marilee Thornton, Kay County Court Clerk; Harold Hughs, Kay County Detention Center (KCDC); Dennis Bonewell, Emergency Management Director; Raymond Hamm, Retired Ponca City Chief of Police; 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 Johnson led the Flag Salute.

 

Motion was made by Shanks and seconded by Skidmore approving the regular meeting minutes of June 13, 2016.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

Jail Director Report:  Harold Hughs, KCDC, presented a report noting 273 as the current head count, 52 arrested and released over the weekend and 121 for the week, arrested and released from June 1, 2016-277, daily average of 269, minimum amount of inmates-254, maximum amount of inmates-289, high for 24 hour period for June 13, 2016-296, 10 inmates sentenced to county time, 41 inmates sentenced to Department of Corrections (DOC)/(waiting to go to prison).  The report showed 10 weekenders and sanctions, 49 paid contracts with BIA and Bridgeway currently are holding two (2) inmates on writs (prison to court). 

 

Revise policy of County Sheriff’s equipment and include changes to a 2008 written agreement between the BOCC and the Kay County Sheriff:  Commissioner Johnson said he asked for this item to be put on the agenda.  Johnson said he spoke with Dusty Birdsong, ACCO SIG/SIF Administrator, regarding deputies in the Sheriff’s Department performing security duties on their days off while using county vehicles and gas to travel to Grant County. 

 

Mr. Birdsong sent an email expressing his concerns about coverage issues for Kay County and also for the involved deputies.  The email noted on the Workers’ Compensation (WC) side (ACCO-SIF) the involved deputies would not be considered to be performing job duties for Kay County while performing security duties on their days off and being paid on a direct basis.  If the involved deputies are injured while performing part-time security and subsequently file a WC claim under Kay County’s WC coverage their WC claim would be denied because they are performing security duties on their days off and also being paid on a direct basis.

 

Birdsong said on the liability side (ACCO-SIG) the involved deputies would be considered to be outside the scope of their employment while performing security duties on their days off and being paid on a direct basis.  If a tort claim and or a civil rights lawsuit is filed against the involved deputies the involved deputy would not be provided a defense nor be indemnified through Kay County’s liability coverage’s because the involved deputies are performing security duties on their days off and also being paid on a direct basis.

 

Mr. Birdsong said he spoke with the Kay County Sheriff via telephone and explained SIG/SIF coverage’s.

 

He said to speak with the District Attorney for all legal advice pertaining to this matter.

 

Johnson made a motion to abolish a September 8, 2008 Agreement between the BOCC and the Kay County Sheriff.  Motion died for lack of a second.

 

DA Hermanson said the agreement allowed deputies to use county vehicles and the Sheriff could determine the cost to the county of the use of vehicles.  Hermanson then referred to the Sheriff’s Office Part-time Security and Off-Duty Employment Policy, Page 3, and noted he was not sure if the current policy cures the problems.

 

Sheriff Van Hoesen stated he does not have contracts with Casino’s, Conoco or when asked to have security at local football games. 

 

Commissioner Johnson said he wants to protect the county’s liability and prevent any issues.  Van Hoesen said he wanted to make sure his deputies are covered by insurance or he will not allow them to do these services and put them in any risk.  DA Hermanson said deputies would not be protected by civil rights.

 

Commissioner Shanks said if deputies wanted to work a second job he didn’t have a problem, but he noted he does have a problem with them using county vehicles.  He explained it would be no different than him allowing his employees to take county graders and do work and in return be paid directly all the while using county equipment and gas.  He added if deputies are doing off-duty work they should do so in their own vehicles.

 

Sheriff said deputies are not abusing the vehicles.  Shanks said the Kay County Policy Handbook states county-owned vehicles may only be used for purposes that benefit the county.

 

Sheriff said Grant County asked them to patrol these pipelines.  Hermanson told this was not a request from Grant County but from the pipeline company.

 

Commissioner Skidmore stated the county needs to take care of all the workers.

 

Commissioner Johnson said deputies performing this type of duty are not protected under the current policy.  He said he will continue to work with ACCO and the Sheriff’s Association and noted this is not the first time this has come up and he wants to make sure all deputies are protected with insurance.

 

Motion was made by Shanks to Table this matter.  Motion died for lack of a second.

 

No action was taken.

 

Motion was made by Skidmore and seconded by Shanks approving Office of Juvenile Affairs Detention Transportation Contract by and between the Oklahoma Office of Juvenile Affairs (OJA) and BOCC.  DA Hermanson noted the contract was fine.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Skidmore and seconded by Shanks approving Detention Services Agreement by and between Muskogee Youth Services and the BOCC, $23.27 a day per child.  DA Hermanson noted the contract was fine and told the BOCC the county approves all these contracts that we receive in case we need a bed for a juvenile.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

Motion was made by Shanks and seconded by Johnson approving Contract for Labor (FY2016-2017) providing janitorial services and lawn care for the Department of Human Services in Newkirk.  Da Hermanson stated contract was in proper form.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

Motion was made by Skidmore and seconded by Shanks approving Memorandum of Agreement by and between the Kay County Health Department and the Blackwell Public School District to provide Behavioral Health Services to the students and/or families of students.  DA Hermanson said the county does these renewals every year and noted the agreement was fine.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

Motion was made by Skidmore and seconded by Shanks approving and accepting Turf Surfer for Lawn Care and Snow/Ice Removal for Kay County Health Department in Ponca City and Blackwell (per letter from Health Department), Ponca City-$125; Blackwell-$35; Snow/Ice Removal-$50 per hour.  Hermanson noted he had questions about the “per hour” charges but felt that was probably the only way to quote it since that is unpredictable.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by Skidmore approving First Lease Amendment to Office Building Lease for the Court Clerk’s Ponca City Office Building located on the 1st floor of 400 E. Central, Suite 100 in Ponca City, OK.  DA Hermanson noted the only change is adding the renewal to the contract.  Court Clerk Thornton told BOCC the only reason they are required to sign this contract is because it is a county office; she said the Supreme Court pays for the rental of the building.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by Skidmore approving Resolution No. 15, 16-179 to Execute the Agreement Establishing the Association of BOCC with Property & Liability Coverage for FY2017 and Intent to Participate in ACCO-SIG Property & Liability FY2017 selecting Payment Option 1 to pay in full by July 31, 2016.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

Purchasing Automatic Electronic Defibrillators (AED):  Dennis Bonewell, EMA, noted the state contract prices range anywhere from $500-$2500 depending on what you want.  The different types of AED’s were mentioned and other discussion was made.

 

Motion was made by Johnson and seconded by Skidmore approving Bonewell to purchase off the state contract in FY2017 up to six AED’s, two for the courthouse, one for each district warehouse and one for the lobby area of the Sheriff’s Department out of general government account.  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 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 projects.

Crews have been mowing, repairing signs and cleaning intersections.  Crews began a culvert project for FEMA on Gate Road approximate finish time is two to three weeks.  Skidmore noted the environmental crew was not here this past week.

 

Commissioner Shanks noted there was a wreck on River Road and his crews are replacing the guard rail.  Also the mechanics are working on the air conditioning on a track hoe, rocking roads and working on FEMA Projects.  Shanks said Bridge 57A was completed and opened last Thursday.

 

Commissioner Johnson stated crews are blading, hauling material district wide as well as boom mowing and mowing right-of-ways.  He noted crew’s watered Adobe Road truck route.  Johnson mentioned 2/3 mile of cement has been completed on Brake Road and beams have been set on “T” Street Bridge.

 

Motion was made by Shanks and seconded by Skidmore approving Agreement No. 361039 for Lease with Purchase Option for Road Machinery or Equipment on Crack Fill/Seal Machine, Model 2016-$52,000.00/Lease Price-$53,160.00, Dist#1.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Skidmore and seconded by Johnson approving Employer Retirement Contribution Rates for FY2017, Option “P” for employees and options set by legislation for elected official depending when elected/appointed.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

Motion was made by Skidmore and seconded by Shanks approving corrections to Public Service/Pipeline Crossing Line Installations for Frontier Windpower, LLC on the following Legal Descriptions originally approved February 22, 2016 (corrections will be in parenthesis):  SW4 (SE4) S6T27NR2E ending NW4 (NE4) S7T27NR2E, W. Brake Rd., D#2; SW4 (SE4) S3T27R1E ending NW4 (NE4) S10T27R1E, W. Brake Rd., D#3; SW4 (SE4) S6T27NR2E ending NW4 (NE4) S7T27NR2E, D#2.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Johnson and seconded by Skidmore approving and authorizing Requisition Officer-Vance Johnson, William J. McAllister/Receiving Agent-Jill Copelin, Rusty Klinger, Ronnie Nelson/Inventory Clerks-Jill Copelin and Rusty Klinger for Highway Dist#1 Account H3101.  Johnson stated he is making these changed because of his newly hired clerical position.  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:  Health Department; Election Board.  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, 16-177, Child Abuse Prevention-$49.91, jury service donation.   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, 16-177, Child Abuse Prevention-$49.91, jury service donation.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Skidmore and seconded by Shanks approving the following Transfer of Appropriations:  Sheriff’s Overtime-$1,491.58 to Maintenance & Operations (M&O); Sheriff’s Travel-$952.75 to M&O; Highway Dist#2 BIA Bridge #18-$23.60 to M&O; Highway Dist#3 BIA 44th Street Reconstruction Project-$1,512.14 to M&O.  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 Johnson approving Payroll with warrants to be released on June 28, 2016.  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 & Operation Claims.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

FY 2015/2016 PURCHASE ORDERS:

2015-2016 PBA: 30, Juniors Locks & Alarms, 200.00, Service; 31, Southwest Business Products, 39.00, Stamp;

Serv.Fee: 395, Law Enforcement System Inc., 347.00, Stickers; 396, Communityworks, 1509.08, Juvenile Detention; 397, Casey, Angela, 123.00, Blanket For Juvenile Transport; 398, Garcia, John, 408.00, Blanket For Juvenile Transport; 399, Tebow, Alma, 198.00, Blanket For Juvenile Transport; 400, Tebow, Daniel L., 453.00, Blanket For Juvenile Transport; 401, Transunion Risk, 70.00, Blanket for Software Services; 402, Oklahoma Tax Commission, 37.50, Tag; 403, Blackwell Journal Tribune, 10.00, Ad; County Sales Tax Fund: 1411, OK Correctional Industries, 1161.79, Cleaning supplies; 1412, Finish Line Fuels LLC, 281.09, Blanket For Fuel; 1413, R R Brink Locking Systems Inc, 4690.00, Lock Repair; 1414, MSSI, 296.04, Hinges; 1415, Telecom & Data Inc, 2290.00, Equipment; 1416, McDonald Computer Services LLC, 129.99, Computer Componets; 1417, Verizon Wireless, 271.55, Blanket for cell bill; 1418, Fuelman Of Oklahoma, 192.91, Blanket For Fuel; 1419, McDonald Computer Services LLC, 2000.00, Blanket for repairs; 1420, Ferguson Environmental Resources, 1150.00, Repairs; 1421, McDonald Computer Services LLC, 599.98, Equipment; 1422, McDonald Computer Services LLC, 59.99, Equipment; 1423, Brandts, 459.98, Supplies; 1424, McDonald Computer Services LLC, 399.96, Toner; 1425, Take Ten Tire, 74.95, Service; 1426, Locke Supply, 191.45, Supplies; General: 2419, Ultimate Pest Management LLC, 778.00, Lawn Care; 2420, Touchtone Communications, 31.06, Long distance; 2421, AT&T, 54.85, Phone; 2422, AT&T, 12.50, Phone; 2423, Ultimate Pest Management LLC, 52.00, Pest Control; 2424, AT&T Mobility, 9.46, Blanket for cell bill; 2425, Two Rivers Coop, 16.60, Supplies; 2426, Cintas Corporation, 144.34, Blanket for firstaid supplies; 2427, Fleetcor Technologies, 1419.87, Blanket For Fuel; 2428, Farha Wholesale Co., 98.91, Blanket For Supplies; 2429, Renaissance Tulsa Hotel, 89.00, Lodging; 2430, Clark Contracting Co LLC, 1150.00, Repairs; 2431, Burkes Classic Restoration, 962.00, Blanket For Vehicle Maintenance; 2432, Farha Wholesale Co., 482.91, Blanket For Supplies; 2433, Southwest Business Products, 777.26, Blanket For Supplies; 2434, Harrell Automotive & Recovery, 1500.00, Repairs; 2435, Craig Co. Detention Center, 578.68, Juvenile Detention; 2436, Mobile Radio, 869.00, Radio Service; 2437, Kay County Election Board, 135.00, Mileage; Health: 470, OK Natural Gas, 109.32, Billing; 471, STC, 52.80, Copier contract; 472, ANCO Services, 2085.00, Janitorial; 473, Ana Beets, 139.32, Travel; 474, Language Line Services, 356.88, Language Line Service; 475, STC, 34.00, Monthly Maintenance; 476, City of Blackwell,

497.20, Utility Bill; 477, AT&T, 270.66, Phone; 478, Stolhand Heating & Air, 155.27, Repairs; Highway: 2007, AT&T, 107.12, Long distance; 2008, Locke Auto Parts, 284.52, Blanket for parts; 2009, J & P Supply, 44.10, Towels; 2010, Blackwell True Value Hardware, 8.76, Supplies; 2011, Warren Power And Machinery, 269.67, Blanket for parts; 2012, AT&T, 167.26, Telephone; 2013, ACG Materials, 6383.04, Rock; 2014, Deere Credit Inc, 1502.61, Lease Purchase Payment; 2015, G & B Auto, 127.00, Repairs; 2016, Grissoms Llc, 2097.95, Parts; 2017, Dish, 20.57, Billing; 2018, Moonlight Machine LLC, 150.00, Post Driver; 2019, Holiday Inn Express, 80.00, Lodging; 2020, Farha Wholesale Co., 21.01, Towels; 2021, J & P Supply, 20.55, Towels; 2022, Johnson, Vance Howard, 147.64, Travel; 2023, P & K Equipment, 254.60, MOWER BLADES; 2024, Circuit Engineering District #8, 141.00, Signs; 2025, Circuit Engineering District #8, 201.50, Signs; 2026, Southwest Business Products, 146.14, Supplies; 2027, Circuit Engineering District #8, 1059.30, Engineering; 2028, Welch State Bank, 1648.91, Lease payment; 2029, RCB Bank, 3096.08, Lease payment; 2030, Caterpillar Financial Services Corp, 8634.80, Lease payment; 2031, Shanks, Jason R, 137.70, Mileage; 2032, Direct Discount Tire, 403.44, Signs; 2033, Cintas Corporation, 46.88, Medical Supplies; 2034, Newkirk Auto Parts, 200.30, Parts; 2035, Blackwell True Value Hardware, 25.81, Fitting; 2036, O Reilly Auto Parts, 72.25, Hose; Cert.Fee: 12, 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. 

 

Motion was made by Shanks and seconded by Skidmore approving and accepting the following vendors on Bid#2016-19 through Bid#2016-26-six month bids for commonly used items (bids opened in BOCC on 6-6-16):  Bid#2016-19-Asphalt-Asphalt Producers, Inc., Coastal Energy Corp., Daniels Ready Mix, Ergon Asphalt & Emulsion Inc., Evans Asphalt Co. Inc., Evans & Associates Const. Co. Inc., Logan County Asphalt Co., Tulsa Asphalt LLC, McConnell & Associates Corp.; Bid#2016-20 Bridge Materials-K&O Construction, Railroad Yard, Sunbelt Equipment; Bid#2016-21 Grader Blades-C.L. Boyd Co. Inc., Dub Ross Co. Inc., Valk Manufacturing; Bid#2016-22 Concrete-American Concrete, GCC Ready Mix, PC Concrete; Bid#2016-23 Road Rock-ACG Materials, APAC-Central Inc., Dolese Bros Co., Quapaw Co., Stewart Stone Inc., Diemer Construction, Evans Asphalt Co. Inc., G&C Concrete, Sober Brothers Inc.; Bid#2016-24 Culvert Pipe-Dub Ross Co. Inc., HD Supply Waterworks, Oklahoma Contractors Supply, Railroad Yard Inc., Sunbelt Equipment; Bid#2016-25 Office Supplies-Merrifield Offices, Southwest Business (Bids#2016-19 through Bid#2016-25 lowest bidder per line item was selected) Bid#2016-26-Janitorial Supplies-Farha Wholesale, J&P Supply Inc., Merrifield Office Supply, Southwest Business (lowest bidder per line item was selected except in the case where vendors are not providing correct items-these are documented by the custodial staff).  All bids are on file for view in the County Clerk’s office.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

Motion was made by Johnson and seconded by Skidmore approving, per letter from Health Department,

the only bid received ANCO Services, Inc. $1,610.00-Ponca City building and $475.00-Blackwell building bid priced per month on Bid#2016-27 Janitorial Service for the Health Departments (Ponca City & Blackwell).  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

There being no other business, motion was made by Johnson and seconded by Skidmore to adjourn, 11:35 a.m.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

 

 

 

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Approved this 27th day of June, 2016.

 

 

 

 

 

                                                          _____________________________

                 VANCE JOHNSON, CHAIRMAN

                                        

                                                              _____________________________

                 PAUL SKIDMORE, MEMBER

              

                _____________________________

     JASON SHANKS, MEMBER

 

 

 

 

 

ATTEST:

 

_________________________________

TAMMY REESE, COUNTY CLERK

COUNTY OF KAY, STATE OF OKLAHOMA

SECRETARY, BOARD OF COUNTY COMMISSIONERS

(SEAL)

 

 

 

 

 

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