Kay County Justice Facilities Authority

Friday, January 8, 2010

Newkirk, Oklahoma



The Trustees of the Kay County Justice Facilities Authority (JFA) met in regular session at 2:30 p.m. Friday, January 8, 2010, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the regular meeting was posted for public information on January 7, 2010, at the Courthouse front door, Commissioner Court, and basement handicapped entrance of the Kay County Courthouse in Newkirk, Oklahoma.


Chairman Bruce Robinson called the regular meeting to order.  Those present were as follows: Trustees – Norris Frederick; Carl Giddens; Darrel Grossardt; Jim Stieber; Laile Wilson, Kay County Commissioner; Wes Young; Kay County Sheriff Everette Van Hoesen; Steve Kelley, Kay County Undersheriff; Don Jones, Jail Consultant; David Cummings, JFA Attorney; Ron Stevens, Baskin, Stevens & Freeland, PC; Butch Byrd, Sedalco Construction Services; Matt Groves, Architects in Partnership (AIP); Scott Cloud, Newkirk Herald Journal; Bill and Claude Williams, Taxpayers for Transparency; Sharon Rowen, Ponca City News; Tammy Reese Kay County Clerk/Secretary; Gary Martin, absent (see sign-in sheet).


Motion was made by Wes Young and seconded by Darrel Grossardt approving regular meeting minutes of December 11, 2009, and special meeting minutes of December 22, 2009.  Motion carried. 


Acknowledgment, welcome and administering of oath of office to new Trustee, Gary Martin, appointed by Commissioners to fill the vacancy of Trustee Position No. 4 was tabled until next meeting due to Martin’s absence.


Ron Stevens, Baskin Stevens & Freeland, PC, presented the trustees with a Cash Activity Report for the month ending December 31, 2009, and a Draft Budget Report for the year ending June 30, 2010.  Stevens commented that he had met with Marc LaBossiere, Finance Director, City of Ponca City, regarding future sales tax projections.


Existing jail facility:  Undersheriff Steve Kelley presented the Trustees with Activity Reports on Kay County Deputies, Agency Arrest Counts, and a Current Inmate Roster including all statistical reports for 2009.  Kelley said the daily inmate count showed 138; he reported one inmate has been in the county jail over 400 days, 100 days longer than the usual number of days.  


Chairman Robinson mentioned to Sheriff Van Hoesen a raise and overtime hours given to jailers who are paid out of the County Sales Tax Account noting that an allotted amount had been put in that account.  Van Hoesen answered questions and explained to the Trustees what had occurred.


Report regarding site plans, design construction, utilities, costs and utilization of new jail facility:  Matt Groves, AIP, said construction had slowed down due to the weather; he mentioned PSA was at the job site and did not find any major flaws but made a couple of minor suggestions.  He said Sedalco would need a statement from the City of Newkirk stating the water line is ready for use.


Chairman Robinson said he would like a committee formed to work with the Judges, District Attorney and Court Clerk to put together the new court room at the new jail.  Those who volunteered to be on committee were:  Don Jones, Wes Young, Everette Van Hoesen, Darrel Grossardt and Butch Byrd.


Construction Progress Report from Sedalco Construction Services:  Butch Byrd, Project Manager, Sedalco, discussed the work done in Areas A, B and C.  He said construction progress has been struggling due to the weather; he said the next goal is to have the building in the dry.  He said they are three months ahead of the contract completion date of October 7, 2010, and expected completion date is the first of July, 2010. 


Report from the Sign Committee, including naming the facility and establishing an address:  Carl Giddens reported the committee met earlier today and decided the address of the new jail would be 1000 West Dry Road and the name of the facility would be Kay County Detention Center.


Matt Groves said he would soon need the names of the people the JFA would like on the plaque in order to finalize.  The suggested names for the plaque were the County Commissioners, JFA Trustees and Sedalco Construction Services. 


Robinson acknowledged receipt of Oklahoma Department of Environmental Quality Modified Permit SL000036090846 for authorization of construction and establishment of sanitary sewer system and lift stations and noted it has been approved. 


Discussion and possible action regarding options and means of operating and staffing of new jail facility:  Robinson said when we went out for the sales tax proposal the number one question was who is going to operate the jail; he said it is now time to start making decisions.  Robinson noted the Commissioners wanted the JFA to operate the new jail and commented the Sheriff was fine with this decision.  This triggered questions – 1) When do we, JFA, take over?  2) Funding issues.  3) Staffing.  4) Training.  5) Basic security techniques.  6)  Who Jail Administrator would report to, JFA or Sheriff? 


Attorney David Cummings pointed out that in September 2008 when we acquired the first $10 million bond it was required to have an agreement by the County Commissioners authorizing responsibility to the JFA to build and operate and fund it as needed.  Cummings said as of today that is how the contract stands.


Discussion and questions continued connected to this topic for quite some time.


Motion was made by Wes Young for the JFA to take over and operate the new jail at the time Sedalco releases it to the authority.  Norris Frederick said he would like to amend the motion stating 30 days after substantial completion.  Darrel Grossardt seconded the motion.  Robinson called for a roll call vote.  Motion failed:  Frederick, aye; Giddens, nay; Grossardt, nay; Robinson, aye; Stieber, nay; Van Hoesen, nay; Wilson, aye; Young, aye. 


More discussion took place and Grossardt stated he did not like the 30 day clause.


Motion was then made by Grossardt stating JFA will take over and operate the new jail at the time Sedalco releases it to the JFA and Wes Young seconded.  Motion carried:  Frederick, nay; Giddens, nay; Grossardt, aye; Robinson, aye; Stieber, nay; Van Hoesen, aye; Wilson, aye; Young, aye.


Advertising for new jail administrator position:  Motion was made by Darrel Grossardt and seconded by Carl Giddens authorizing Don Jones to advertise for a new jail administrator for the new jail facility salary $40,000.00 plus and allowing Don Jones $1,500.00 expenses for advertisement of this position.  Motion carried.


Report of Colorado trip to Sierra regarding the examination of the touch screen security system:  Undersheriff Kelley said it was a trip well worthwhile and stated he was extremely impressed with the system.  Kelley said it was very high tech but user friendly and would need someone with some computer savvy to operate.  Expected delivery date of the touch screen security system is February or March. 


Potential sale by County Commissioners of property adjoining the jail facility site:  Robinson noted the county purchased 55 acres and the JFA bought from the county approximately 10 acres and now the BOCC was anticipating selling 35 acres.  It was the consensus of the Authority not to sell even though the decision is not up to the JFA.  JFA felt it would be foolish to sell and be land locked once again.


Cummings mentioned an adverse court ruling in which we may have to build a lagoon and, if so, would need the property to do so.


Again, it was the consensus of the Authority to at least defer until after court ruling and hoped the Commissioners would not sell property at this time. 


Sheriff Van Hoesen and Undersheriff Kelley shared ideas of ways they could make good use of the land and keep inmates busy working.


David Cummings suggested listening to the Commissioners to see if selling would be beneficial for the county; he said Commissioners might want to consider leasing the property.  He also said the JFA might want to consider acquiring a piece of the land then if the need ever arose to expand the land would be in place.


Commissioner Wilson and JFA member said he would like to see the jail up and running and he is against selling at this time because he does not want to be land locked in the future.


Carl Giddens said he would like to make a recommendation to the Board of County Commissioners asking them not to sell.


Motion was made by Giddens and seconded by Stieber approving reimbursing the Sheriff’s Department on travel expenses for maintenance personnel in the amount of $173.80 ($26.40/$102.30/$45.10).  Motion carried. 


Motion was made by Darrel Grossardt and seconded by Jim Stieber approving the following Requisitions submitted for payment:  David Cummings, Attorney fees and advance expenses for December, 2009, in the amount of $3,801.48; Don Jones, Consulting fees for December 2009-$2,300.00; Baskin Stevens & Freeland, P.C., accounting fees for December 2009, total amount of $1979.00; Sheriff’s Department-$173.80, reimbursement on travel expenses for maintenance personnel; Finley & Cook, auditing services through December 19, 2009, in the amount of $5,975.00; Sedalco Construction Services, fees and expenses, Application No. 9, Project No. 0720, in the amount of $879,031.71; City of Newkirk-$2,203.00, utility bill for electric and power adjustment; Loomis Bros. Equipment Co.-$23,950.00, two washers-$16,300.00 & two dryers-$7,650.00.  Motion carried.


Unscheduled public appearances:  Robinson said he would quickly like to meet with Norris Frederick, Laile Wilson and Everette Van Hoesen.


Motion was made by Wes Young and seconded by Norris Frederick to adjourn at 4:40 p.m.  Motion carried.





Approved this 12th day of February, 2010.



                                                                             Bruce Robinson, Chairman




Tammy Reese, County Clerk

County of Kay, State of Oklahoma

Secretary, Kay County Justice Facilities Authority