The Board of County Commissioners (BOCC) of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, November 28, 2016, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma. Notice of the meeting was posted for public information on November 23, 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; Christy Kennedy, Kay County Treasurer; Don Jones, Kay County Detention Director Center (KCDCD); Scott Cloud, Newkirk Herald Journal; Sharon Rowen, Ponca City News; Claude Williams, Taxpayers for Transparency; Tammy Reese, Secretary/Kay County Clerk. (See sign in sheet).
Chairman Vance Johnson led the Flag Salute.
Motion was made by Skidmore and seconded by Johnson approving regular meeting minutes of November 21, 2016. Motion carried: Johnson, aye; Shanks, abstained; Skidmore, aye.
Jail Director Report: Don Jones, KCDCD, presented a report noting 304 as the current head count, 53 arrested and released over the weekend and 87 for the week, arrested and released from November 1, 2016-360 daily average of 307, minimum amount of inmates-294, maximum amount of inmates-328, high for 24 hour period for November 4, 2016-339, 12 inmates sentenced to county time, 59 inmates sentenced to Department of Corrections (DOC)/(waiting to go to prison). Jones mentioned the DOC backlog is at 1,806. The report showed seven (7) weekenders and sanctions, 33 paid contracts with BIA and Bridgeway currently are holding three (3) inmates on writs (prison to court). The report stated currently holding seven (7) inmates on purge (fines) fees.
Motion was made by Shanks and seconded by Skidmore approving Agreement by and between the BOCC and Jones PR for remote terminal capabilities with the Assessor’s office. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Skidmore approving Reimbursement Claim for Election Board Secretary Salary for November 2016. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Skidmore approving to give out $250 safety awards, only to employees that are eligible according to county policy, on December 22, 2016. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Road and Bridge Projects/Circuit Engineering District (CED) No.8 Road and Bridge Projects:
Commissioner Skidmore said he picked up his repaired county truck in Wichita. He noted crews were hauling rock and grading roads. Skidmore said he has used inmate’s labor to bust out rocks on bridge beams and he stated they worked hard and did a great job.
Commissioner Shanks stated his crews were working on pipe and cleaning out ditches on “R” Street plus mowing and hauling rock.
Commissioner Johnson noted his crews were blading, hauling material, mowing roads district wide. He said crews were checking, repairing and replacing signs district wide and cleaning ditches.
Resolution 16, 17-63 Approving Interlocal Cooperative Agreement for Circuit Engineering District whereas, the BOCC may enter into an agreement with other counties within ACCO District Eight to help carry out the functions delegated by law including, but not limited to, the operation of road maintenance, construction, inspection, purchases and management: Commissioner Shanks stated the CED#8 voted to not approve the Resolution recommended by DA Hermanson. Commissioner Johnson said at the meeting it was stated their attorneys told that the Resolution that was being approved followed the law.
DA Hermanson told the BOCC that the Resolution they approved clearly does not state certain facts that needs to be included in the Resolution. He said it does not have the language of what O.S. Title 74 Section 1004 authorizes, such as, duration, purposes, manner of financing and methods.
Commissioner Shanks said he does want to be limited on the financial portion.
DA Hermanson recommended the BOCC, statewide, needs to lobby and get the law changed; Hermanson said he was just pointing out that the Resolution being presented does not meet the law.
Chairman Johnson questioned that the agreement has been in place for 30 years and now it’s not in compliance.
DA Hermanson said it could just be that no one caught the error or maybe it was never given to a District Attorney for review.
Commissioner Shanks said if Kay County does not approve the Resolution that was approved by CED#8, which is 14 other counties, then Kay County would have to hire new engineering and it would be too costly. He also said by not signing Kay County will be completely limited.
DA Hermanson told the BOCC the risk in going against what their legal advisor told them. Hermanson said if you do not follow statute and my advice there is a liability and you could lose your protection from personal liability; he said he felt this was unlikely but wanted them to be informed. Hermanson told the BOCC that if they enter into the contract the other counties voted on then he will send a letter to each District Attorney and try to get this resolved for the future.
Motion was made by Shanks and seconded by Skidmore approving Resolution 16, 17-63 (Resolution voted on by CED#8) noting the statute referenced was changed to reflect the reference made by DA Hermanson, Approving Interlocal Cooperative Agreement for Circuit Engineering District whereas, the BOCC may enter into an agreement with other counties within ACCO District Eight to help carry out the functions delegated by law including, but not limited to, the operation of road maintenance, construction, inspection, purchases and management. Johnson stated the correction could still be made at a later time, if needed. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Shanks and seconded by Johnson approving to hire Diemer Construction to do ditch work on 13th Street around the intersection of Dry Road and 13th Street. Commissioner Shanks told he does not have the right equipment to do this job and said this project is less than $5,000 and does not have to be bid or quoted out. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Johnson and seconded by Skidmore approving the following Public Service/Pipeline Crossing Line Installations: Kay Electric, NW4/NW4 S20 T28N R2W ending SW4/SW4 S29 T28N R2W, 140th Street, D#3. Commissioner Skidmore said he spoke with Kay Electric regarding this installation and he is in agreement. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Motion was made by Skidmore and seconded by Shanks approving the following Resolutions to deposit funds: Res#16, 17-78, Highway Dist#3-$112,946.79, BIA 44th Street Reconstruction Project. 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.
DA Hermanson left the meeting at 9:30 a.m.
Motion was made by Shanks and seconded by Skidmore approving Payroll Verifications for November 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 Skidmore and seconded by Shanks approving Maintenance & Operation Claims. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
FY 2015/2016 PURCHASE ORDERS:
2015-2016 General: 2687, Top Secret Document Destruction Svcs, 21.00, Shredding
FY 2016/2017 PURCHASE ORDERS:
2016-2017 PBA: 13, Ultimate Pest Management LLC, 44.00, Pest Control; 14, Ultimate Pest Management LLC, 44.00, Pest Control; 15, Venus, Debra, 975.00, Contractual Services; Reimburse: 20, American Telephone, 234.02, Labor; Drug Court: 51, Redwood Biotech, 1018.70, Supplies; 52, Redwood Toxicology Laboratory, 1451.78, Drug Test; 53, Omega Laboratories Inc, 33.00, Testing; Detention Center: 573, OK Correctional Industries, 2584.80, Cleaning Products; 574, Staples, 183.35, Blanket For Supplies; 575, Ultimate Pest Management LLC, 150.00, Blanket For Pest Control; 576, Global Equipment Company, 499.90, Cabinets; 577, McDonald Computer Services LLC, 769.98, Computer; 578, Farha Wholesale Co., 2489.00, Toilet Tissue; 579, Locke Auto Parts, 9.84, Parts; General: 985, Lowes Companies Inc., 1613.63, Blanket For Supplies; 986, Staples, 65.56, Blanket For Supplies; 987, Pioneer Technology Center, 10.00, Maps; 988, AT&T Mobility, 9.34, Blanket for cell bill; 989, Lowes Companies Inc., 423.27, Blanket For Supplies; 990, Wells Plumbing, 90.00, Service call; 991, Clearwater Enterprises, 217.48, Natural Gas Service; 992, Ponca City Center LLC, 1416.00, Lease; 993, Newkirk Herald Journal, 1080.27, Blanket for publications; 994, OK Natural Gas, 147.05, Gas delivery; 995, Cintas Corporation, 262.45, First aid supplies; 996, STC, 92.00, Copier contract; 997, STC, 129.00, Copier contract; 998, Ultimate Pest Management LLC, 52.00, Pest Control; 999, Fleetcor Technologies, 1279.49, Blanket For Fuel; 1000, Reese, Tammy J., 196.79, Travel; 1001, J & J Plastering, 350.00, Repairs; 1002, Merrifield Office Supply, 158.75, Paper; Health: 178, Language Line Services, 751.18, Translastion; 179, Language Line Services, 514.31, Translastion; 180, Language Line Services, 636.42, Translastion; 181, Lektron Industrial Supply Inc, 821.02, Bulbs; 182, Stolhand Heating & Air, 180.00, Service call; Highway: 792, AT&T, 114.55, Telephone; 793, City of Blackwell, 407.69, Utility Bill; 794, Ponca City Utility Authority, 498.42, Utility Bill;795, Quality Water Service, 46.40, Water; 796, ACG Materials, 900.16, Rock; 797, Dish Network, 37.02, Cable; 798, Circuit Engineering District #8, 196.00, Signs; 799, Railroad Yard, 216.78, Pipe; 800, Kellpro Computer, 1873.00, Computer; 801, ACG Materials, 2980.41, Rock; 802, Action Truck Parts, 1425.44, Blanket for parts; 803, Skidmore, Paul, 90.00, Maps; 804, Circuit Engineering District #8, 211.50, Signs; 805, Dish Network, 99.99, Satellite service; 806, P & K Equipment, 273.91, Battery; 807, Circuit Engineering District #8, 345.00, Cones; 808, Cross Oil, 6924.03, Fuel
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 Johnson and seconded by Skidmore to adjourn, 9:45 a.m. Motion carried: Johnson, aye; Shanks, aye; Skidmore, aye.
Approved this 5th day of December, 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