Regular meeting held August 8

The Ponca City Board of Commissioners met in regular session on August 8, 2022. Mayor Homer Nicholson called the meeting to order, which was followed by the pledge of allegiance. Commissioners Bodick, Chapman, Scott and Taylor were in attendance.

Ceremonies and Proclamations Under Ceremonies and Proclamations, the character trait of Cautiousness was introduced for the month of August.

Consent Agenda Under the Consent Agenda, the City Commission approved the minutes of the Ponca City Board of Commissioners regular session held July 25, 2022; a resolution appropriating money for the payment of claims against the City of Ponca City, Oklahoma; a resolution amending the operating budget of various funds for Fiscal Year 2022-23; a resolution designating certain City employees as purchasing officers with authority to make purchases against City and Municipal Trust appropriations; Change Order No. 1 in the add amount of $12,177.00, Change Order No. 2 in the deduct amount of $9,695.00 and accept all work as complete on Contract No. 17982 CDBG 20, Marland’s Grand Home Improvements Phase III, 1000 East Grand Avenue and authorize final payment in the amount of $50,338.30; and a lease agreement for farm land to David Steichen located on the Ponca City Regional Airport.

Reports Under the City Manager’s Report, City Manager Craig Stephenson congratulated Phil Johnston, who will be inducted into the Hall of Fame for City and Town Officials at the upcoming Oklahoma Municipal League conference in September and he congratulated Jesse Beck, Assistant City Engineer, who has accepted the position of Environmental Services Director for the City of Ponca City. Stephenson announced that the 2022 State of the City Report will be published in the September issue of Ponca City Monthly. And, he reminded the public that Wentz Pool and AMBUC Pool will only be open on the weekends, starting August 13 through Labor Day weekend.

Stephenson reported that City staff, along with the City’s water rights attorney Dean Couch, attended an administrative hearing on July 8, 2022 at the OWRB (Oklahoma Water Resources Board) regarding the proposed reduction to the City of Ponca City’s appropriated surface water rights in Kaw Lake, Permit No. 1993-034. The Hearing Officer since issued an Order that states as follows: “IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Ponca has not lost any of its appropriation right to use 14,031 acre-feet of water from Kaw Reservoir. IT IS FURTHER ORDERED that the OWRB permitting department notify Ponca to provide notice pursuant to Ponca’s 2013 request to amend the schedule of use. IT IS SO ORDERED by the Oklahoma Water Resources Board in its regular and open meeting this 16th day of August, 2022.” This Order will be on the August 16, 2022 OWRB meeting agenda. If the Order is approved, the City will then file for a request for discussion on amending the schedule of use. After receiving the Order, and in consultation with Dean Couch, the City sent a letter on July 26, 2022 to Ms. Aimee Jordan with the United States Army Corps of Engineers officially requesting storage from Kaw Lake to dependably yield to 14,031 acre-feet of water. Jordan responded back to the City and is in the process of developing a draft agreement for the City to consider. Stephenson concluded that the City is moving forward in a positive direction to secure these water rights for Ponca City’s future. New Business Under New Business, the City Commission approved a resolution to participate in the Distributors Oklahoma Settlement Agreement and a resolution to participate in the Janssen Oklahoma Subdivision Opioid Settlement Agreement. Several years ago, the City of Ponca City joined a lawsuit as a plaintiff against several entities involved in the opioid lawsuits, brought by entities across the country to recover funds to offset damages that the companies involved in the opioid industry caused through illegal actions. The City has been working with the firms of McAfee & Taft and Fulmer Sill to work through this process and negotiate on the City’s behalf. A settlement has been reached in conjunction with the State of Oklahoma to recover funds from the opioid distributors who were named as defendants in this lawsuit and a settlement has been reached in conjunction with the State of Oklahoma to recover funds from Janssen Pharmaceuticals who was named as a defendant in this lawsuit. These resolutions approve the participation of the City in these settlements and allow for the City to recover funds. These resolutions authorize the City to fill out and sign the Settlement Participation Forms which will join the City in the participating political subdivisions and allow the City to recover funds related the opioid crisis.

The City Commission approved the purchase of a CXT Ozark II Restroom through the Sourcewell Cooperative Purchasing Program for the Lake Ponca Park Restroom Replacement Project in the amount of $114,555.00. This project will replace the existing restroom at Lake Ponca Park with a new prefabricated restroom. The new facility will be similar in appearance to the restroom facility installed at the Lake Ponca Deep Water Ramp and at the Lake Ponca Campground. City crews will prep the site for utility installation, prepare the final grading before installation, and complete the concrete work once the facility is in place. Staff will contract with a licensed plumber and

(See BOARD, Page 8) electrician to complete those aspects of the project. CXT and the City of Ponca City are part of Sourcewell Cooperative Purchasing Program and the City has purchased other items through this cooperative agreement. The agreement purchase price includes delivery and installation of the facility.

The City Commission approved the purchase of a new playground and surfacing through OMNIA Partners Cooperative Purchasing Program from Cunningham Recreation for the Lake Ponca Park Playground Replacement Project in the amount of $88,978.18. This project will replace the existing playground and surfacing at Lake Ponca Park with a new GameTime – Star 4 playground with PIP (Poured in Place) surfacing. This will be the first playground in the City’s system with PIP surfacing. City crews will prep the site for installation and prepare the final grading before installation. Cunningham Recreation will install the playground and benches. City crews will complete the concrete work. Cunningham Recreation will then install the PIP surfacing to complete the project. Cunningham Recreation and the City of Ponca City are part of OMNIA Partners Cooperative Purchasing Program and the City has purchased other items through this cooperative agreement. The agreement purchase price includes installation of the new playground, installation of benches, and PIP surfacing.

And, the City Commission approved an Interlocal Service Agreement by and between the City of Ponca City and the City of Newkirk for Building Inspection Services, in conjunction with the construction of a new Safety Center located in Newkirk, Oklahoma. The City of Newkirk is in the very early stages of constructing a new Safety Center at 115 South Maple Avenue and does not currently employ any qualified building inspectors to oversee new construction projects and otherwise guarantee that the building and improvements are constructed in accordance to the minimum standards authorized by the State of Oklahoma UBCC (Uniform Building Code Commission.) While the State Fire Marshal’s Office is charged with inspecting schools and the recent changes to the Kay County Court House, their jurisdiction does not extend to other project types such as local government buildings. The City of Ponca City employs two Building Inspectors who are qualified to undertake building inspections of all types and are otherwise licensed and approved by the State of Oklahoma Construction Industries Board in all areas of construction (Residential; Commercial; and Mechanical, Electrical and Plumbing). Newkirk representatives requested assistance and the City is agreeable to such an arrangement provided that an agreement specifies the areas of responsibility on the part of both parties, as well as the following: the City will be compensated at the rate of $100.00 per inspection, re-inspection or authorized consultation at the job site; Newkirk will appoint a project manager to act as the official authorized representative in the matter of inspections, re-inspections and consultation with the City as per the service agreement; the results of any inspection will be noted on inspection forms approved by Newkirk and forwarded via email to the authorized Newkirk representative within 24 hours; and in the case of a failed inspection, the City is not authorized or responsible for the enforcement or correction of any deficiency discovered during an authorized inspection or site visit.

PCUA (PONCA CITY UTILITY AUTHORITY) PCUA Consent Agenda Under the PCUA Consent Agenda, the PCUA Trustees approved the minutes of the Ponca City Utility Authority regular session held July 25, 2022; a resolution appropriating money for the payment of claims against the Ponca City Utility Authority; and a resolution of the Ponca City Utility Authority amending the operating budget of various PCUA funds for Fiscal Year 2022-23.

New Business Under PCUA New Business, the PCUA Trustees approved the purchase of a new Caterpillar 623K Scraper from Warren Cat, per a Sourcewell Purchasing Contract #032119-CAT, in the amount of $959,190.00. The Scraper will be used to pick up dirt at the Landfill’s borrow area and transport it to the Landfill’s working area, where it will be deployed for use as daily and intermediate cover. A Scraper is the most efficient way to collect, move, and distribute dirt for a Landfill operation. This new Caterpillar 623K Scraper, by Warren Cat, is available through a Sourcewell Purchasing Contract. It meets the specifications and requirements needed for the Landfill’s operation, and it includes a 7-year 4,000 hour extended premier warranty. This Scraper will replace the current Scraper that is 26 years old and a maintenance issue; repairs last year alone cost over $77,000.00.

The PCUA Trustees also approved the purchase of three 2023 Freightliner Model M2 106 Packer Trucks with New Way Cobra Packer Bodies from the Premier Truck Group, in the amount of $599,360.00. After extensive research, staff determined that Freightliner was the best fit for Solid Waste collection. This truck is equipped with a Cummins L9 300 hp motor and Allison transmission. The Cobra packer body has performed excellent on the six previous trucks purchased. And, the New Way Cobra 20-yd packer is light enough for a single axle truck to enable maneuverability in tight alleys, but strong enough to compact trash up to 1,000 pounds per cubic yard. Included in the cost is a 6-year extended warranty that covers the engine, aftertreatment system and towing field service. The new trucks will replace three Crain Carrier packer trucks that have reached the end of their useful life and require frequent repairs to stay operational. Replacement will reduce garage costs and improve timely refuse service for all.