The Board of County Commissioners (BOCC) of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, January 23, 2017, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on January 20, 2017, 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 Paul Skidmore called the meeting to order.  Those present were as follows: Jason Shanks, Member; Vance Johnson, Member; Brian Hermanson, District Attorney (DA); Susan Keen, Kay County Assessor; Christy Kennedy, Kay County Treasurer; Steve Kelley, Kay County Sheriff; Don Jones, Kay County Detention Director Center (KCDCD); Cheryl Howard, Kay County Election Board Secretary; Dennis Bonewell, Emergency Management Director; 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 Paul Skidmore led the Flag Salute. 

 

Motion was made by Johnson and seconded by Shanks approving regular meeting minutes of January 17, 2017.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

No report was given by Kelsea Work, Oklahoma Court Services, presenting the number of community service hour’s defendants are working and the projects they are involved in.

 

Jail Director Report:  Don Jones, KCDCD, noted 328 as the current head count, 61 arrested and released over the weekend and 115 for the week, arrested and released from January 1, 2017-287, daily average of 305, high for 24 hour period for January 21, 2017 of 342, 12 inmates sentenced to county time, 61 inmates sentenced to Department of Corrections (DOC)/(waiting to go to prison).  Jones mentioned the DOC backlog is back up a little with a total of 1,742 and said he sent seven down last week.  He told the count has been increased by 150 since the private prison in Sayre, Oklahoma has been purchased.  The report showed seven (7) weekenders and sanctions, 22 paid contracts with BIA and Bridgeway-(6) currently are holding three (3) inmates on writs (prison to court).

 

Sheriff Department Yearly Statistics:  Sheriff Kelley said he will be giving a yearly report to the BOCC and reported this for 2016:  13 Field Deputies; 2 Courthouse Deputies; 7 Reserve Deputies; 6 Dispatchers; 2 Administrative Assistants.  Total cases worked-1,106 as follows:  6 rapes, 61 burglary’s, 39 grand larceny’s petit larceny’s, 26 vandalisms, 27 assault/battery, 25 unattended deaths, 145 drug related crimes, 238 traffic, 71 domestics, 22 stolen vehicles and 422 miscellaneous reports.  Total received and dispatched calls-32,743, total miles driven for patrol and transport-540,546, adult prisoner transport-49,177 miles, juvenile detention cost 2015/2016-$76,815.43 (housing cost not reimbursed) travel is reimbursed and total civil service papers served-1,360.

 

Motion was made by Shanks and seconded by Johnson approving Cross-Deputization and Mutual Aid Agreement between the Kay County Sheriff and the Ponca City Police Department, agreement reviewed and approved by DA Hermanson.   Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

DA Hermanson told Sheriff Kelley he believes, according to O.S. Title 74 the agreement needs to be filed with the Oklahoma Secretary of State.

 

Sheriff’s deputies doing part-time contract security work and reviewing/approving policies and procedures for this type of service:  Kelley said the cost per deputy with 15% of gross pay to cover the costs relating to the use of county equipment and noted a county account would be created for monies coming in and out. 

 

Commissioner Johnson asked if the IRS rate for mileage would be used as the per mile rate to cover the costs of fuel.

 

DA Hermanson said the issues of going outside of the county and the use of equipment have been covered under the agreement. 

 

Commissioner Shanks said he didn’t understand how using county equipment to make money was okay and went on to say his employees could not use county dozers to do work and then be paid for it.  DA Hermanson stated because the deputies are providing security by law for safety reasons within Kay County.

 

Sheriff Kelley said if he is asked to provide security he has to do so whether or not the company pays.  He told once his deputies worked two months for Homeland Security and the county had to pay the overtime for the job.

 

Commissioner Johnson noted the new policy did not address working outside the county nor did the policy prohibit working outside the county.  Johnson said there were several items the old policy covered that the new one did not.  He also asked for the blank areas on the Agreement to be filled in.

 

Sheriff Kelley said the reason the areas were left blank is because different companies may pay different rates.  He said the old policy will remain in effect and the current policy will be in addition to the current policy.

 

Johnson said he would like those areas filled in with a “minimal” amount and on the mileage to possibly use a “not less than” IRS rate. 

 

Motion was made by Shanks and seconded by Johnson Tabling Sheriff’s deputies doing part-time contract security work and reviewing and approving policies and procedures for this type of service.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

Safety programs for Kay County Emergency Management:  Dennis Bonewell, Emergency Management Director, told he has been looking for safety programs to help conduct his monthly safety meetings each for Highway Dist#1 & Dist#3 and quarterly for the Courthouse personnel.   He said he is running out of ideas.  Pioneer Technology Center conducts Dist#2’s monthly safety meetings.

 

Motion was made by Shanks and seconded by Johnson Tabling purchasing a safety program for Kay County Emergency Management.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

Applications for County Burial and Affidavits of Financial Inability to Pay:  Johnson told he contacted the Social Security office and was given some information when there is no survivor.  He also contacted Gene Wallace, Director of ACCO for consistency in policies regarding these type of applications.

 

Motion was made by Shanks and seconded by Johnson approving to pay the two Applications for County Burial and Affidavits of Financial Inability to Pay that were submitted by Roberts and Son Funeral Home in Blackwell.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Johnson and seconded by Shanks approving and authorizing Chairman to sign Agreements for remote terminal capabilities in the Assessor’s office between the BOCC and the following:  City of Ponca City; Landmark Commercial.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

Motion was made by Johnson and seconded by Shanks approving to enter into Executive Session pursuant to and convened under authority of 25 O.S. Section 307.4 to discuss pending claims and potential litigation (9:40 a.m.).   Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

Motion was made by Johnson and seconded by Shanks approving to re-enter the BOCC regular meeting (10:27 a.m.).   Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

No action was taken on Executive Session discussion regarding the pending claims and potential litigation. 

 

Motion was made by Shanks and seconded by Johnson approving to go out on bid for firefighting equipment for the Kildare Fire Department.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

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

Commissioner Johnson noted his crews were blading, hauling material to roads, boom mowing right-of-ways, putting crack seal on Hubbard Road, chipping trees, cleaning out ditches and taking lips off of roads.

 

Commissioner Shanks stated his crews are not able to grade roads at this time, crews put more pipes on at Pine Street and put double pipes on at Union Street, hauling Sober Brothers rock and working in shop.

 

Commissioner Skidmore said crews were building a loft inside new shop, grading roads, trimming trees, working on signs and FEMA project on North 13th and hauling yellow rock and sand to sites and hauling Sober Brothers rock to yard for FEMA projects. 

 

Motion was made by Johnson and seconded by Shanks approving Project Agreement for Federal-Aid Railroad Project, RRCS-236D049)CS, J/P # 33075(12) at the At-Grade Crossing of BNSF Railway Company at Brake Road in Kay County near Newkirk DOT#011905F by and between Kay County and The Oklahoma Department of Transportation and Resolution No.16,17-102 that Kay County will participate in Federal-Aid Project RRCS-236D(049)CS, J/P 33075(12) for the construction of pedestal mounted flashing light signals with gate arms and a 32’ concrete crossing surface at Brake Road (DOT#01190SF) in Kay County.  Johnson said the county portion will be $44,261.20 to be paid for by the BIA out of the Brake Rd. Project.  Commissioner Shanks asked if the crossing was part of the BIA Brake Rd. Project.  Johnson said it is in the Brake Road Reconstruction contract that the BIA wants the crossing to help increase the safety.   Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

BOCC continued discussion regarding the BNSF railroad crossing matter and noted  Federal-aid Railroad Highway Grade Crossing Safety Funds for 5% of the project cost $24,717.95 , State Grade Crossing Safety Funds for 85% of the project cost at $420,205,15 and the total estimated cost $434,362.00.

 

Commissioner Shanks asked if this crossing is in the Brake Road BIA Contract.

 

Commissioner Johnson said it is not spelled out but it states reconstruction of Brake Road.  Johnson said he spoke with Tom Simpson, BIA, and stated Simpson is fine with this and reiterated there will be no cost to the county.  Hermanson said this will be a great safety enhancement to the county at no expense to the county.

 

Resolution No. 16, 17-103 a CIRB Project, Dist#2, Peckham Road and Bridge, JP 25085, grade, drain, surface on EW-9 from US 177 extension east 1.3 miles:  Shanks said this is a CIRB Project a fund that is controlled by the state.  He explained the project and noted there is a bridge involved and said the rest of the project is road.  Johnson asked the estimated cost of the project and Shanks said there is not an estimated cost.  Johnson asked if this is a five year plan and said he wanted an estimated cost.  Shanks told it was a CIRB Project.

 

Motion was made by Shanks and seconded by Johnson approving Resolution No. 16, 17-103 a CIRB Project, Dist#2, Peckham Road and Bridge, JP 25085, grade, drain, surface on EW-9 from US 177 extension east 1.3 miles.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

Shanks said the current total estimated cost of the CIRB Project is $2.1 million. 

 

Motion was made by Shanks and seconded by Johnson approving Standard Form of Agreement between BOCC and Mid-Continental Restoration Co. Inc., on Porch Stone Masonry Maintenance Project at the County Courthouse.  DA Hermanson told BOCC to make sure this agreement is consistent with bid documents.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by Johnson approving the following Kay County Monthly Reports for December 2016:  Court Clerk.   Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by Johnson approving the following Resolutions to Dispose of Equipment:  Res#16, 17-100, Highway Dist#1, Satellite & Receiver Dish, 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#16-17-99 Open Dump Reward-$97.50, December 2016 open dump reward.    Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by Johnson approving the following Transfer of Appropriations:  Highway Dist#2 Maintenance & Operation (M&O)-$374.81 to Hwy D#3 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. 

 

Regarding hiring Lisa Kubik, CPA, 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 said last year was the first year the Clerk’s office was responsible for filing the 1094C and 1095C.  Ms. Kubik was hired last year to proof and correct if necessary the report before being filed to the IRS; Reese said she would like to hire Ms. Kubik again for the same reasons.  Kubik’s cost is $175 per hour.

 

Motion was made by Shanks and seconded by Skidmore approving to hire Lisa Kubik, CPA, 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 to be paid out of the General Government Maintenance & Operation Account.  Motion carried:  Johnson, abstained; Shanks, aye; Skidmore, aye.

 

Bid#2017-10-Election Ballots:  Election Board Secretary Cheryl Howard stated her reasons on her written letter to the BOCC explaining why she would like to choose Mid-West Printing who was $.01 higher on bid:  Quality of ballots, customer service is above & beyond, ability to choose ballot colors per each election, ballots are boxed by entity and in ballot number order.  She said Royal Printing the ballots are not boxed in numerical order and causes several hours of unpacking the ballots and sorting them then repackaging them in precinct order causing addition employee hours to get ready for an election.  Howard said she spoke with DA Hermanson and received his blessing.

 

DA Hermanson told the BOCC the lowest bidder does not have to be chosen but you must have good reasoning for not choosing the lowest bidder and he felt Election Board Secretary Howard’s reasoning’s were just.

 

Motion was made by Johnson and seconded by Shanks approving and awarding Mid-West Printing, the second lowest bidder, upon recommendation of DA Hermanson on Bid#2017-10-Election Ballots (opened in BOCC meeting on 1-17-17).  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

Res#16, 17-101, Sheriff Department, Truck, donated to Newkirk Fire Department:  Commissioner Johnson told Sheriff Kelley the previous Sheriff had told him if he could not get the amount of money (by bid) he wanted out of the truck he was going to donate this truck to Hwy. Dist#1.  Sheriff Kelley said he was not aware of that and he had promised to donate to the Newkirk Fire Department so they could use for code enforcement.

 

Motion was made by Johnson and seconded by Shanks approving Resolution to Dispose of Equipment: Res#16, 17-101, Sheriff Department, Truck, donated to Newkirk Fire Department.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

DA Hermanson left the meeting.

 

Motion was made by Shanks and seconded by Johnson approving Payroll with warrants to be released on January 23, 2017, Blanket Purchase Orders and Maintenance & Operation Claims.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye. 

 

FY 2016/2017 PURCHASE ORDERS:

2016-2017 Reimburse: 24, Staples, 394.98, Blanket For Supplies; Serv.Fee: 211, CommunityWorks, 1168.32, Blanket For Juvenile Detentions; 212, Petsense, 117.98, Blanket For Supplies; 213, Security Transport Services, 382.95, Prisoner Transports; 214, G & B Auto, 73.75, Blanket For Vehicle Maintenance; 215, Fleetcor Technologies,

915.82, Blanket For Fuel; 216, Fleetcor Technologies, 889.26, Blanket For Fuel; Drug Court: 63, Omega Laboratories Inc, 66.00, Testing; 64, Layton, Jennifer, 375.00, Drug Court Attendance; 65, OK Court Services Inc, 7000.00, Coordinator Fees; 66, Call2 Test, 212.50, Blanket for testing; Detention Center: 836, Bob Hurley Ford, 29537.00, Vehicle; 837, Baskin Hadley & Stevens PC, 1900.00, Accounting services; 838, Earthgrains Baking Company, 1357.60, Blanket for food; 839, OK Natural Gas, 1635.42, Blanket for gas bill; 840, Kay County Sheriff, 250.00, Blanket for search; 841, Finish Line Fuels LLC, 583.06, Blanket For Fuel; 842, Farha Wholesale Co., 1496.07, Blanket For Supplies; 843, Ultimate Pest Management LLC, 150.00, Blanket For Pest Control; 844, Staples, 527.45, Blanket For Supplies; 845, Card Service Center, 852.19, Blanket For Supplies; 846, Card Service Center, 410.90, Blanket For Supplies; 847, Southwest Business Products, 80.00, Binder; 848, Merrifield Office Supply, 478.76, Supplies; 849, Oklahoma Tax Commission, 44.00, Tag & Title;          General: 1440, Team Radio, 2450.00, Advertising; 1441, PCDA City Center, 1416.00, Lease; 1442, OK Court Services Inc, 2750.00, CSSP; 1443, Newkirk Herald Journal, 1035.32, Publication; 1444, AT&T, 2.91, Long distance; 1445, AT&T Mobility, 9.58, Blanket for cell bill; 1446, AT&T, 292.80, Monthly phone bill; 1447, Touchtone Communications, 30.09, Long distance; 1448, Clearwater Enterprises, 884.21, Natural Gas Service; 1449, Card Service Center, 1044.72, Blanket for out of county; 1450, Craig Co. Detention Center, 800.00, Blanket For Juvenile Detentions; 1451, Sac & Fox Juvenile Detention, 1329.93, Blanket For Juvenile Detentions; 1452, Texas County Juv. Det. Center, 1746.85, Blanket For Juvenile Detentions; 1453, Eastern Okla Youth Services, 1185.75, Blanket For Juvenile Detentions; 1454, Canadian County Juvenile Center, 540.68, Blanket For Juvenile Detentions; 1455, Dept. of Public Safety, 350.00, Blanket for OLETS Service; 1456, Quality Water Service, 48.60, Blanket for water; 1457, AT&T, 95.00, Blanket for equipment charge; 1458, AT&T, 509.69, Monthly phone bill; 1459, AT&T, 30.18, Long distance; 1460, Oklahoma State University, 6143.00, Contractual Services; 1461, OK Court Services Inc, 2750.00, CSSP; 1462, A+Printing, 322.00, Vouchers; 1463, Fleetcor Technologies, 1533.31, Blanket For Fuel; 1464, American Telephone Inc., 104.00, Repairs; 1465, Oklahoma Sheriffs Association, 600.00, Membership dues; 1466, CODA, 200.00, Registration; 1467, Midwest Printing, 217.87, Forms; 1468, TASC, 8750.00, Maintenance; 1469, North Central Veterinary Service, 386.79, Services; 1470, Kennedy, Christine L., 111.28, Travel; 1471, Cintas Corporation, 143.30, Medical Supplies; Health: 261, AT&T, 284.21, Phone; 262, Floor Care Specialists, 1200.00, Floor Care; 263, Smilemakers, 140.81, Stickers; 264, R.K. Black Inc, 128.00, Maintenance; 265, ANCO Services, 2085.00, Janitorial Services; Highway: 1113, Kay Electric Cooperative, 349.00, electric bill; 1114, Brandts, 186.37, Blanket for parts; 1115, AT&T, 230.02, Phone Service; 1116, City of Blackwell, 531.13, Electric & Water Usage; 1117, Container King, 9100.00, Storage cabinet; 1118, Birch, 105.60, Telephone Service; 1119, Cintas Corporation, 133.46, Medical Supplies; 1120, City of Blackwell, 1779.80, Utility Bill; 1121, Locke Auto Parts, 286.91, Blanket for parts; 1122, G & B Auto, 292.00, Blanket for repairs; 1123, Deere Credit Inc, 1502.61, Lease Purchase Payment; 1124, Security National Bank, 1920.41, Lease Purchase Payment; 1125, Owen Auto Supply, 978.13, Blanket for parts; 1126, Yellowhouse Machinery Co, 59.82, Parts; 1127, Blackwell True Value Hardware, 149.97, Heater; 1128, Owen Auto Supply, 988.47, Blanket for parts; 1129, Lowes Companies Inc., 411.37, Lumber; 1130, Southwest Business Products, 61.13, Supplies; 1131, Farha Wholesale Co., 38.07, Supplies; 1132, Filter Care Of Missouri, 143.78, Filter Service; 1133, Container King, 600.00, Correct error; 1134, Johnson, Vance Howard, 98.49, Travel; PBA - Tonkawa Public Schools: 1, Kimberlye R. Mayer, 493.94, Auditing; PBA - Pioneer Technology Center: 1, Kimberlye R. Mayer, 485.63, Auditing

 

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 Skidmore and seconded by Johnson to adjourn, 11:54 a.m.  Motion carried:  Johnson, aye; Shanks, aye; Skidmore, aye.

 

 

 

 

 

 

 

 

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Approved this 30th day of January, 2017.

 

 

 

 

 

                                                              _____________________________

                 PAUL SKIDMORE, CHAIRMAN

                                    

                                                              _____________________________

                 JASON SHANKS, MEMBER

              

                 _____________________________

     VANCE JOHNSON, MEMBER

 

 

 

 

 

ATTEST:

 

_________________________________

TAMMY REESE, COUNTY CLERK

COUNTY OF KAY, STATE OF OKLAHOMA

SECRETARY, BOARD OF COUNTY COMMISSIONERS

(SEAL)

 

 

 

 

 

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