The Board of County Commissioners (BOCC) of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, July 10, 2017, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on July 7, 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.

 

Duties of First Deputy of District No. 1 Commissioner:  DA Hermanson stated this has been a very confusing and complicated issue.  He originally did not believe Jamie McAllaster could vote as Dist#1 First Deputy based on Oklahoma Statutes and case law.  He explained in detail.  Hermanson said the statutory authority is not crystal clear on this topic.  DA Hermanson said he spoke with the ACCO Director and other commissioners regarding this matter and after much consideration believes the first deputy does has voting privileges upon the death of the Commissioner.  DA Hermanson told the BOCC his legal advice to the board is to let William McAllaster have voting privileges and noted that he is not carrying the title of commissioner but that of First Deputy.

 

Motion was made by Shanks and seconded by Skidmore approving William McAllaster, First Deputy District No. 1 to carry on the duties and voting rights of the District No. 1 Commissioner until the vacancy of the elected position is filled.  Motion carried:  Shanks, aye; Skidmore, aye.

 

Chairman Paul Skidmore introduced William (Jamie) McAllaster to those in attendance and welcomed him.

 

Chairman Paul Skidmore called the meeting to order.  Those present were as follows: Jason Shanks, Member; Brian Hermanson, District Attorney (DA); Christy Kennedy, Kay County Treasurer; Susan Keen, Kay County Assessor; Steve Kelley, Kay County Sheriff; Don Jones, Kay County Detention Center Director and Harold Hughs (KCDC); William McAllaster, District No. 1 First Deputy; Dennis Bonewell, Emergency Management; Glen Nickels, Evans & Associates; Allen Hardesty, Pinnacle Environmental Solutions & Consulting; Claude Williams, Taxpayers for Transparency; Sharon Rowen, Ponca City News; Scott Cloud, Newkirk Herald Journal; Tammy Reese, Secretary/Kay County Clerk.  (See sign in sheet).   

 

Chairman Paul Skidmore led the Flag Salute. 

 

Motion was made by Shanks and seconded by Skidmore approving regular meeting minutes of June 26,

2017.  Motion carried:  McAllaster, abstained; Shanks, aye; Skidmore, aye.

 

Special Election for District No. 1 Commissioner position:  DA Hermanson told Governor Fallin signed the proclamation assigning the special primary election and the special general election.  DA Hermanson explained the special election process and the voting particulars.

 

Jail Director Report:  Don Jones, KCDCD, noted 334 (278 males/56 females) as the current head count, Sentenced County-14, Drug Sanctions-2, Court Writs-0, Holding Purge Fee-13; Sentenced Department of Corrections-86, BIA Contract-46, Bridgeway Contract-4; Intake Release Weekend-32–Week-90–Month-114, Serve Weekend/Sanctions-7; Count 2016 compared to 2017, Current 283/334; ADP/Month 278/372; High Year-to-Date 304/372; Intake/Release 152/114. 

 

Motion was made by Shanks and seconded Skidmore approving Detention Services Agreement by and between CommunityWorks, LLC-Cleveland County Regional Juvenile Detention Center and Pottawatomie County Juvenile Detention Center and Kay County, $30 per day per child.  DA Hermanson noted he reviewed and approved as to form.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.

 

Hiring a firm to do air quality testing in the courthouse:  Dennis Bonewell talked about the asbestos issues in the attic and discussed the different situations.  He told the asbestos is not just contained in one area but told it is scattered.  Bonewell said the only way to completely remedy this problem is to demolish the courthouse.  He then went on to tell we can have samples run so we will know what procedures need to be done to prove all is okay.  Quotes to run these samples were opened as follows:  Mirage International Inc.-$750.00; Enercon-$1050.00 per event; Environmental Hazard Control, Inc.-$550.00/$750.00.  Bonewell said after review of the quotes Consultant Allen Hardesty recommended Mirage International, he noted all three companies were respectable, but Mirage was the best price for the services they were offering.

Motion was made by Shanks and seconded by McAllaster approving and accepting quote from Mirage International Inc.-$750.00 to do the air quality testing in the courthouse regarding the asbestos situation.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.

 

Motion was made by Shanks and seconded by McAllaster approving Reimbursement Claim on Election Board Secretary Salary for May and June 2017.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by McAllaster Tabling Amendment by and between Clearwater Enterprises, LLC and Kay County and Exhibit A-10 Transaction Confirmation, purchase of natural gas.  DA Hermanson recommended Tabling because there were no attachments/Exhibit(s) included like the contract “Amendment” stated.    Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.

 

Motion was made by Shanks and seconded by McAllaster approving CODA Annual Membership Dues FY 2017-2018 for all offices, all officers and employees in the amount of $1,027.00 of the General Government Maintenance & Operations.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.

 

Motion was made by Shanks and seconded by McAllaster approving and authorizing Chairman to sign Agreement by and between the BOCC and Stephanie Forgey for remote terminal capabilities with the Assessor’s office.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.

 

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

First Deputy McAllaster told crews were patching on 106th Street and Ferguson, hauling, grading district wide, and mowing at Pleasantview and River View Road.

 

Commissioner Shanks noted his crews are working on Trader Bend and 106th so Evans & Associates can overlay and crews are mowing.

 

Commissioner Skidmore stated he received his permit to the new fuel tanks, mowing Hubbard Rd., grading, painting at new warehouse, doing ditch work on 140th and Bender, digging and hauling shale.

 

Agreement by and between Alcohol & Drug Testing, Inc. and Kay County for testing of employees:  DA Hermanson said, with BOCC approval, he can make changes to the “Duration of Agreement” part of the contract.   He told the agreement had an automatic renewal and the county only does one year contracts.

 

Motion was made by Shanks and seconded by McAllaster approving Agreement, with noted changes, by and between Alcohol & Drug Testing, Inc. and Kay County for testing of employees.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.

 

Motion was made by Shanks and seconded by McAllaster approving to purchase a Juvenile Transport Van off the State Contract for the Sheriff’s Department to be paid out of the Use Tax Account.  Sheriff Kelley told the BOCC he originally was going to out for bid for this vehicle but can get a better price off the state contract.  He said this was replacing the wrecked vehicle and told $9,025.00 was received from the insurance claim.   Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.

 

Change Order for the color of the roof on Bid#2017-29 Metal Building, D#3:  Skidmore said the way the building sits and the way you view the roof with current color it would appear like a mirror.  In order to change the color it will cost approximately $3,000 more than what the bid was but Skidmore told it would still be the lowest bid with the change.  DA Hermanson said he did not see a problem with this and there was nothing legally that prevented Skidmore from making the change to the bid.  Shanks asked if it still was within the 10% and he was told it was.

 

Motion was made by Shanks and seconded by McAllaster approving Change Order for the color of the roof on Bid#2017-29 Metal Building, D#3 costing an additional $3,000.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.

 

Motion was made by Shanks and seconded by McAllaster approving Application for Eligibility for Federal Property Donation Program to Receive Federal Surplus Property, D#2.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.   

 

Motion was made by Shanks and seconded by McAllaster approving Notice to Proceed on Washunga Bay Overlay Improvement, Bid#2017-14, D#1.  Shanks stated this Notice to Proceed is for Evans & Associates to begin the job and complete within 120 days.   Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.   

 

Motion was made by Shanks and seconded by McAllaster Tabling Equipment Lease Renewal State FY-2016 with ODOT to renew leases through the Resolution No. 17, 18-32-County Road Machinery & Equipment Revolving Fund and the Insurance Verification.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.   

 

Motion was made by Shanks and seconded by McAllaster approving Utility Relocation Agreement by and between Kay County and Kay Electric on County Bridge over Bois D’Arc Creek on EW 18 Hubbard Road.  DA Hermanson reviewed and approved to as form.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.   

 

Motion was made by McAllaster and seconded by Shanks approving the following Public Service/Pipeline Crossing Line Installation Application:  Chaparral Energy, NW4/NW4 S27 T27N R5E ending SW4/SW4 S22 T27N R5E, CR4420 or E0150, D#1; Chaparral Energy, SW4/NW4 S15 T27N R5E ending SE4/NE4 S16 T27N R5E, John Dane Rd., D#1; Chaparral Energy, SE4/SE4 S10 T27N R5E ending SW4/SW4 S10 T27N R5E, CRN3505, D#1.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.

 

Resolution No. 17, 18-31, Interlocal Cooperative Agreement with Contiguous Counties FY2017-18:  DA Hermanson said he has problems with this Agreement, just as he has in the past, noting the statute reference is wrong.  He pointed out even with the correct statutory reference, the Agreement still does not meet the statutory requirements.  Hermanson stated Title 74 Section 1004 (C) says any such agreement “shall” specify and lists the six items to follow that must be included; Hermanson told the BOCC this agreement does not comply.  DA Hermanson gave copies of the statute to the BOCC.

 

Motion was made by Shanks and seconded by McAllaster Tabling Resolution No. 17, 18-31, Interlocal Cooperative Agreement with Contiguous Counties FY2017-18.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by McAllaster approving on Resolution No. 17, 18-33, authorizing the Treasurer to approve the monthly ACH payments in the amount of $1,559.00 on the Kay County Public Building Authority loan to the United State Department of Agriculture (Halliburton property D#3).  Skidmore said the federal government will only give you the loan if you agree to the ACH payments.  Treasurer Kennedy said she just needs this Resolution in place to authorize her to do.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by McAllaster approving the following Resolutions to Dispose of Equipment:  Res#17, 18-25, Court Clerk, chairs (3), wood counter, typing table, hutch for desk-junked; Res#17, 18-26, Court Clerk, printer stand w/3 shelves (2), printer stands (2), chairs (2)-junked; Res#17, 18-27, Court Clerk, three shelf work station, desk organizer (2), cash drawer, shredder, framed print, junked; Res#17, 18-28, Court Clerk, mahogany desk (2), 2 drawer filing cabinet (2)-transferred to Harper County Court Clerk, postage meter w/scale/computer-returned back to FP Mailing Solutions; Res#17, 18-29, Court Clerk, three oak mission bookcases-transferred to Kay County Clerk, refrigerator/freezer-transferred to Kay County District Attorney, chair and Bunn coffee maker-junked.   Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by McAllaster approving the following Kay County Monthly Reports for June 2017:  Treasurer.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by McAllaster approving the following Resolutions to Deposit Funds:  Res#17, 18-22, Use Tax-$9,025.00, Insurance reimbursement on sheriff unit that was totaled from an accident; Res#17, 18-23, Highway Dist#3-$180.00, culvert replacements; Res#17, 18-24, Highway Dist#1-$2,000.00, Public Service/Pipeline Crossing Line Installations.   Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by McAllaster approving the following Cash Fund Estimate of Needs and Request for Appropriations:  Highway-$347,430.52, D#1-$145,233.43; D#2-$100,633.66; D#3-$101,563.43; Highway-CBRIF-$17,210.89; Mortgage Certification Fee-$620.00; Resale Property-$20,802.13; Cash Improvement-$0.41; Drug Court-$18,375.15; County Clerk Lien Fee-$415.00; Public Building Authority (PBA)-$1,408.84; PBA KCD#3-$11,000.26; PBA-Pioneer Technology Center-$2.50; PBA-Ponca City Schools-$5.13; PBA-Tonkawa Schools-$2.38; Preservation Fee-$4,755.00; VI Reimbursement-$695.48; County Sales Tax-$337,429.17; Home Finance Authority-$0.03; Sheriff Service Fee-$25,312.97; Use Tax-$37,156.59; Detention Center-$630,000.00.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by McAllaster approving the following Transfer of Funds:  Resale Maintenance (M&O)-$2,857.00 to Back Tax/Refunds; County Improvement Capital Outlay-$2,427.54 to General Government M&O (Res#17, 18-21).   Motion carried:  McAllaster, 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. 

 

Opened Bid#2017-31 Labor & Equipment to erect Red Iron Building, Dist#3 as follows:  Blue Sky Construction-$31,000.00; Kyler Construction Group-$61,875.00; Steelcon Construction LLD-$38,606.25; River Ridge Construction LLC-No Bid.

 

Motion was made by Skidmore and seconded by Shanks approving and awarding Bid#2017-31 Labor & Equipment to erect Red Iron Building, Dist#3 to the lowest bidder Blue Sky Construction-$31,000.00. 

Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye. 

 

Motion was made by Shanks and seconded by McAllaster approving Payroll Verifications for June 2017, Blanket Purchase Orders and Maintenance & Operation Claims.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.

 

FY 2016/2017 PURCHASE ORDERS:

2016-2017 Detention Center: 1547, Locke Auto Parts, 28.62, Blanket For Supplies; 1548, AMC Urgent Care Plus, 300.00, Blanket for drug testing; 1549, Bob Barker Co, 5399.00, Beds; 1550, AT&T, 1281.60, Blanket for internet; 1551, AT&T, 950.56, Blanket For Phone Services; 1552, Apple Market, 219.32, Blanket for food; 1553, Bernard Food Industries, 1492.40, Blanket for food; 1554, Brandts, 374.45, Blanket For Supplies; 1555, Briggs Hardware, 187.76, Blanket For Supplies; 1556, City of Newkirk, 11772.16, Blanket for electric bill; 1557, Earthgrains Baking Company, 1256.08, Blanket for food; 1558, Farha Wholesale Co., 1472.55, Blanket For Supplies; 1559, Fastenal Indus & Const Supplies, 191.73, Blanket for parts; 1560, Finish Line Fuels LLC, 713.69, Blanket For Fuel; 1561, Lowes Companies Inc., 601.94, Blanket For Supplies; 1562, Standley Systems Inc, 306.87, Blanket For Copier Maintenance; 1563, Staples, 1097.37, Blanket For Supplies; 1564, Sysco Foods of Oklahoma, 20773.33, Blanket for food; 1565, Sysco Foods of Oklahoma, 652.21, Blanket for cleaning supplies; 1566, Take Ten Tire, 433.34, Blanket for repairs; 1567, OK Correctional Industries, 2146.50, Furniture; 1568, Ok Gang Investigators Assoc, 450.00, Registration; 1569, McDonald Computer Services LLC, 539.96, Ink Cartridge; Drug Court: 119, Redwood Reditest Screening Devices, 1596.00, Blanket for testing; 120, Call2 Test, 226.73, Scheduling; General: 2461, AT&T, 1522.17, Telephone Service; 2462, City of Newkirk, 5009.42, Utility Bill; 2463, Valero Short Stops, 215.09, Fuel; 2464, Dewitt, Corbin, 545.59, Travel; 2465, Quality Water Service, 54.60, Blanket for water; 2466, Medlock, Brenda, 205.52, Travel; 2467, OK Court Services Inc, 2750.00, CSSP; 2468, Reese, Tammy J., 58.85, Mileage; 2469, Applied Concepts, 2149.28, Blanket for radar; 2470, Galls, 766.84, Scanner; 2471, AT&T, 42.00, Internet; 2472, Holiday Inn Express, 182.00, Lodging; 2473, Ray Allen Professional K-9 Equipment, 1259.98, Blanket for equipment; 2474, McDonald Computer Services LLC, 74.99, Blanket for computer maint.; 2475, Wilkins Okla. Truck Supply, 56.98, Speaker; 2476, Quality Water Service, 26.90, Water; 2477, McDonald Computer Services LLC, 2389.90, Computer; 2478, ACG Materials, 2207.79, Rock; 2479, Southwest Business Products, 424.00, Calculator; 2480, Merrifield Office Supply, 601.78, Supplies; Health: 490, Ponca City Utility Authority, 1693.92, Electric & Water Usage; 491, Centerpoint Energy Arkla, 33.50, Gas service; 492, AT&T, 389.92, Phone; Highway: 1996, Filter Care Of Missouri, 162.95, Blanket for parts; 1997, Petroleum Marketers Equipment Co., 822.01, Upgrade to fuel system; 1998, Interstate Battery System Of Tulsa, 22.49, Blanket for parts; 1999, Triple C LLC, 276.00, Sand; 2000, Custom Action Hydraulics LLC, 135.12, Blanket for parts; 2001, Hats Auto Supply, 93.09, Blanket for parts; 2002, Brandts, 76.14, Blanket for parts; 2003, Ricks Service Center, 132.95, Blanket for repairs; 2004, Quality Water Service, 43.75, Water; 2005, Pioneer Technology Center, 40.00, Safety meeting; 2006, OK Natural Gas, 101.42, Billing; 2007, G & B Auto, 211.00, Parts; 2008, Locke Auto Parts, 288.88, Blanket for parts; 2009, Owen Auto Supply, 1852.66, Blanket for parts; 2010, Sober Brothers, 1558.32, Rock; 2011, NAPA, 207.57, Blanket for parts; 2012, O Reilly Auto Parts, 7.99, Blanket for parts; 2013, Action Truck Parts, 430.81, Blanket for parts; 2014, Southwest Truck Parts, 273.84, Blanket for parts; 2015, ACG Materials, 8903.43, Asphalt; 2016, Deere Credit Inc, 2471.94, Lease payment; 2017, Encounter Wireless Service, 71.00, Internet; 2018, Action Truck Parts, 498.63, Blanket for parts; 2019, Cintas Corporation Loc, 895.12, Blanket for uniform service; 2020, ACG Materials, 3562.82, Rock; 2021, AT&T, 345.06, Telephone; 2022, Sober Brothers, 2937.90, Rock; 2023, Unifirst Holdings Inc, 579.91, Blanket for uniform service; 2024, ACG Materials, 3351.33, Rock; 2025, Harlands Diesel, 253.35, Repairs; 2026, Evans & Associates, 17875.40, Asphalt; 2027, ACG Materials, 1439.00, Rock; 2028, G & B Auto, 45.00, Blanket for repairs; 2029, Alcohol & Drug Testing Inc, 158.80, Testing; 2030, Alcohol & Drug Testing Inc, 100.80, Testing; 2031, American Telephone, 260.00, Software; 2032, Sober Brothers, 1028.94, Rock; 2033, Kelle Oil Company, 339.04, Repairs; 2034, Mike Redding, 210.00, Shale; 2035, Locke Supply, 34.65, Solenoid; 2036, Custom Action Hydraulics LLC, 200.70, Repairs; 2037, ACG Materials, 6836.87, Rock; 2038, Cintas Corporation Loc, 169.35, Blanket for uniform service; 2039, Action Truck Parts, 279.77, Blanket for parts; 2040, Ricks Service Center, 155.00, Blanket for repairs; 2041, Yellowhouse Machinery

Co, 561.39, Parts; 2042, Centerpoint Energy Arkla, 52.57, Billing; Serv.Fee: 418, Special-Ops Uniforms, 470.93, Gear; 419, AT&T, 60.08, Blanket For Phone Services; 420, Quality Water Service, 65.30, Blanket for water; 421, AT&T Mobility, 521.20, Blanket for internet; 422, Take Ten Tire, 1788.51, Blanket For Vehicle Maintenance; 423, Briggs Hardware, 12.38, Supplies; 424, Fleetcor Technologies, 1225.87, Blanket For Fuel; 425, Webster, TJ, 225.00, Juvenile Transports; 426, Stieber, Jon M, 222.13, Reimbursement; 427, Response Technologies LTD, 975.00, Radio;

FY 2017/2018 PURCHASE ORDERS:

2017-2018 Assr Rev Fee: 1, ESRI, 400.00, Licensing & Support; General: 1, County Treasurers Assoc., 450.00, Dues; 2, AT&T, 65.00, Internet; 3, OTC Fund, 325.00, Registration; 4, County Computer Assistance Program, Center For Lo, 2500.00, Fees; 5, Blackwell Journal Tribune, 42.00, Subscription; 6, Tonkawa News, 30.00, Subscription;

7, Ponca City News, 84.00, Subscription; 8, Co Assessors Association Of OK, 275.00, Dues; 9, IAAO Oklahoma Chapter, 80.00, Dues; 10, Kay County Treasurer, 360.00, Internet; 11, Newkirk Herald Journal, 25.00, Subscription; 12, Newkirk Mini-Storage, 600.00, Storage; 13, Postmaster, 144.00, Lease; 14, Ponca City News, 156.00, Subscription; 15, JP Plumbing, 60.00, Repairs; Health: 1, Falco Alarm Co., 213.00, Monitoring; Highway: 1, RCB Bank, 1814.15, Lease Purchase Payment; Resale: 1, TM Consulting, 15924.00, Licensing & Support

 

There being no other business, motion was made by Shanks and seconded by McAllaster to adjourn, 10:51 a.m.  Motion carried:  McAllaster, aye; Shanks, aye; Skidmore, aye.

 

 

 

 

 

*************************************

 

 

 

Approved this 17th day of July, 2017.

 

 

 

                                                                _____________________________

                    PAUL SKIDMORE, CHAIRMAN

                                   

                                                                _____________________________

                    JASON SHANKS, MEMBER

              

                   _____________________________

        WILLIAM J. MCALLASTER, FIRST DEPUTY

 

 

ATTEST:

 

_________________________________

TAMMY REESE, COUNTY CLERK

COUNTY OF KAY, STATE OF OKLAHOMA

SECRETARY, BOARD OF COUNTY COMMISSIONERS

(SEAL)

 

 

*************************************