Kay County Justice Facilities Authority

Friday, January 23, 2009

Newkirk, Oklahoma



The Trustees of the Kay County Justice Facilities Authority (JFA) met in regular session at 2:30 p.m., Friday, January 23, 2009, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the regular meeting was posted for public information on January 22, 2009, at the Courthouse front door, Commissioners Court, and basement handicapped entrance of the Kay County Courthouse in Newkirk, Oklahoma.


Member Laile Wilson called the meeting to order.  Those present were as follows:  Trustees –Norris Frederick; Darrel Grossardt; Everette Van Hoesen, Kay County Sheriff; Laile Wilson, Kay County Commissioner; Wes Young; Don Jones, Jail Consultant; Attorney David Cummings; Joe Harris, General Manager for Kay Electric Cooperative; Jon Ihrig, Attorney representing Kay Electric Cooperative; Bill and Claude Williams, Taxpayers for Transparency; Scott Cloud, Newkirk Herald Journal; Tammy Reese, Kay County Clerk/Secretary (see sign-in sheet).  Chairman Bruce Robinson; Vice-Chairman Carl Giddens and Member Jim Stieber were absent.


Motion was made by Young and seconded by Van Hoesen approving special meeting minutes of December 23, 2008.  Motion carried.


Jail Consultant Don Jones stated he has been in contact with Stan Lewis, Architect in Partnership (AIP), regarding Sedalco Construction Services preliminary construction schedule.  Jones reported the plans are complete and 95 percent of plans have been reviewed; minor changes on details, elevations, etc. may need to be made before actually going out for bid.  Jones said he would e-mail floor plans when they are completed.


Regarding utilities, Jones mentioned two good options and exploring a third option.  He hopes to be able to present options to the board for a decision in the near future.


Report from Architect Liaison Committee: Member Wes Young gave the report stating the committee recently met in David Cummings office with Sedalco Construction Services representatives Tom Kader, Vice-President Russ Garrison and Project Director Tommy Hayes; JFA members present were Bruce Robinson, Darrel Grossardt, Carl Giddens and Wes Young; Jail Consultant Don Jones and Attorney David Cummings were also in attendance. 


Young said Sedalco representative gave a presentation on work done so far.  Sedalco gave a synopsis regarding utilities in the form of a spreadsheet, presented a preliminary schedule of activities of the project and presented a preliminary budget on project with a breakdown on material and equipment, etc.


Grossardt said he and Bruce Robinson met with Harold Harris, Newkirk City Manager, regarding utilities.  Harris expressed that Newkirk’s primary concern is the loss of revenue if they don’t get the electric sales on the new jail.  Grossardt said there is ongoing dialogue and they are trying to figure out how to make everyone come out a winner.


Wilson asked if it is all or nothing with Newkirk.  Grossardt said that was not the impression he received from Harris.


Wilson commented he wanted all of Kay County to share in this project if possible.


Jail Report Status:  Sheriff Van Hoesen said during a recent inspection performed by the State Health Department three to four deficiencies were found; deficiencies Van Hoesen mentioned were fire extinguishers and sprinkler system in the current jail.


Undersheriff Steve Kelly said inmate statistics numbers show 3,089 inmates were booked in 2008 and 2,822 were released and 267 juveniles were booked.  Kelly said $62,000 was spent on housing juveniles and the Sheriff’s Department does not receive any reimbursements on that expense, only receive reimbursements on travel.


Motion was made by Grossardt and seconded by Van Hoesen to approve requisitions submitted for payment on the following:  Don Jones, consulting fees for December 2008 and January 2009 in the amount of $4,600.00; David Cummings, attorney fees and advance expenses for November 21, 2008, through December 30, 2008, in the amount of $2,356.85.  Motion carried.


Attorney David Cummings said one of the authorized purposes for the tax was to assist with the existing jail until we are able to abandon it and occupy the new jail.  Cummings said the JFA needs to start working with the county commissioners to identify needs for the existing jail and help supplement things over and above the Sheriff’s budget.  Cummings said the JFA would like the Sheriff to bring requests, needs that relate directly to the jail, to the Board of County Commissioners (BOCC) and then the BOCC would review, make a decision, and present their decision on a Resolution to the JFA.  Cummings mentioned items that cannot be funded such as cars, insurance, deputies’ salaries, etc.


Cummings then discussed the accounting and cash flow procedures to follow in order to have a paper trail on identified items and then he answered questions from board members.


Undersheriff Kelly said he had put together an itemized list of expenses made on maintenance and repairs, current jailer’s salaries with future salaries that the department would like assistants with.  Kelly noted the increase in the jailer’s salaries would make their salaries more comparable with other counties.


Cummings reiterated to Wilson the process to follow after the BOCC receives requests for expenses from the Sheriff’s Department.  Cummings explained since the BOCC is the gatekeeper of the Sheriff’s budget the BOCC would know what requests might fall within the Sheriff’s budget and what expenses would actually be extraordinary and what the department in fact needs extra help with.


Motion was made by Grossardt and seconded by Young approving JFA Chairman, Vice-Chairman and sitting county commissioner on the JFA board the authorized signers for the gross revenue account at Eastman National Bank.  Cummings said we need three people on the account and any two of them can expend funds; we are doing this by title and not name so we do not have to come back at a later time and do another motion.  Motion carried.


Cummings discussed the pre-closing made on January 14, 2009, at Eastman National Bank.  Documents were signed in order to receive second part of funding with Chairman Bruce Robinson, Chairman of the BOCC Steve Austin, County Clerk Tammy Reese, County Treasurer Christy Kennedy, Financial Advisor Paul Smith, Bond Attorney Brent Clark, Attorney David Cummings, President Mark Detten and Chief Financial Officer Tom Smith of Eastman National Bank present.


Documents were taken to Bank of Oklahoma the following day to actually close the funding with the Bank of America and it has been confirmed the $10 million dollars has passed from the Bank of America to the Bank of Oklahoma with the closing cost paid.  The entire loan has now been funded.


Cummings repeated to the JFA what Paul Smith mentioned to him by saying, “if we had not done what we did when we did it getting this money now would be extremely difficult if not impossible.”


Cummings then answered questions regarding interest this money may be drawing and collateral investments at Eastman National Bank.


Cummings discussed duties required by Tammy Reese, County Clerk and Christy Kennedy, Treasurer.  He mentioned the accounts Don Jones and himself should be paid out of being the gross revenue account at Eastman National Bank and the process to follow.


Cummings said the JFA needs to engage an auditor to further help with the cash flow jobs with procedures and guidelines, etc.; the auditor we engage will probably be someone from outside the county.  We also need a local accountant to help with budgeting, monthly balance sheets, etc.; the day to day work will be done by Tammy.  We have discussed reimbursing her office to hire part-time help for the extra work she has taken on as far as the daily financing, bookkeeping required by the authority; when Tammy has an idea of what that job will consist of the authority will reimburse her office for those duties.


Cummings told the authority he has list of auditors and he will contact and get proposals.  He noted the auditor and the accountant can not be the same person.


There were no unscheduled public appearances.


There being no other business, motion was made by Grossardt and seconded by Frederick to adjourn (3:17 p.m.).










Approved this 20th day of February, 2009.





                                                                             Bruce Robinson, Chairman








Tammy Reese, County Clerk

County of Kay, State of Oklahoma

Secretary, Kay County Justice Facilities Authority


(This meeting was audio recorded and the recording is available for public inspection)