Kay County Justice Facilities Authority

Friday, February 22, 2008

Newkirk, Oklahoma



The Trustees of the Kay County Justice Facilities Authority (JFA) met in regular session at 2:30 p.m., Friday, February 22, 2008, in Commissioners Court on the First Floor of the Kay County Courthouse in Newkirk, Oklahoma.Notice of the meeting was posted for public information on February 21, 2008, at the Courthouse front door, Commissioners Court, and basement handicapped entrance of the Kay County Courthouse in Newkirk, Oklahoma.


Chairman Bruce Robinson called the meeting to order.Those present were as follows:Trustees Ė Carl Giddens; Darrel Grossardt; Laile Wilson, Kay County Commissioner; Wes Young; Don Jones, Jail Consultant; Stan Lewis, AIP Architect Firm; Paul Smith, Financial Advisor, First Interstate Financial Services, Inc.; Christy Kennedy, Kay County Treasurer; Judy Barnes, Kay County Assessor; Board ofKay County Commissioners, Laile Wilson, Dee Schieber and Peggy Ennis; Sharon Rowen, Ponca City News; Scott Cloud, Newkirk Herald Journal; Charles Abbott, Blackwell Journal Tribune; Tammy Reese, Kay County Clerk/Secretary.Norris Frederick and Jim Stieber were absent.


Motion made by Grossardt and seconded by Young approving special meeting minutes of February 15, 2008.Motion carried.


Note:Board of Kay County Commissioners Agenda Items 3 and 4, and Justice Facilities Authority (JFA) Agenda Items 4 and 5, were joint items discussed between the two boards.


Motion was made by Grossardt and seconded by Young to enter into executive session pursuant to Title 25 Section 307(B)(3), to discuss the possible appraisal and/or purchase of real property on which to locate a new county jail (2:35 p.m.)Motion carried.


Motion was made by Grossardt and seconded by Young to reconvene regular meeting (3:15 p.m.).Motion carried.


Wilson told those in attendance that three different site locations in the Newkirk area were discussed for the new jail location.


Robinson added that a sub committee of the JFA has been looking at three different possibilities for a location for the new facility.


The Board of Kay County Commissioners passed a motion authorizing the JFA to spend up to $10,000.00 to be used as earnest money or option money for the purchase of property.


The next topic of discussion was a Resolution and issuance of an Election Proclamation calling for a countywide sales tax election on May 13, 2008.


Schieber had several questions concerning the topic:1) The time limit on going out for a tax 2) How the JFA arrived at two-thirds cent 3) How much the two-thirds cent will generate


Financial Advisor, Paul Smith, said the next available date for an election is May 13, 2008, he told commissioners they would have to call for an election by March 13, 2008, explaining there is a sixty day notice requirement.Smith said language had been drafted for two-thirds of a cent sales tax for twenty years.Smith said he arrived at two-thirds of a cent based on the size of the facility and the tax should generate approximately $3,065,000.00 a year.


Smith explained language in the Resolution stating a portion of the sales tax, one-third cent shall have a limited duration of twenty years from the date of commencement, or until principal and interest upon indebtedness incurred on behalf of Kay County is paid in full, whichever occurs earlier; while the remaining portion of the sales tax, one-third of one cent, to continue until repealed by a majority of the electors of Kay County.


Schieber said with the extra beds in the new facility we could house Department of Corrections (DOC) inmates and use that money to help pay off the debt.


Smith cautioned everyone that DOC is part of the problem and said to expect to make a profit off of DOC for any length of time is not in the best interest of the county.


Schieber spoke about state agencies forcing us to build a new jail facility.


Smith replied stating it is a public safety responsibility.He said we have sizing problems, security and safety problems, no secure environment and no segregation.Smith told the audience, these people in our jails have constitutional rights and we must comply with the standards.


Schieber then asked if the jail was going to be a 321 bed facility or a 268 bed facility.


Smith explained the number of physical beds in the facility was 321 but the operational number may never reach that capacity because of various situations, single cell/double cell, men/women, nature of crime, etc.


Smithís answer to Schieberís question on the chances of passing the sales tax - Smith said the studying has been done, to be clear on the project and let the people vote.


Schieber then discussed the difference in cost comparing Delaware Countyís 228 bed facility to Kay Countyís 321 bed facility.


Smith said the 228 bed facility is for construction cost only; the projected operational cost of the Delaware County facility is $2.2 million compared to Kay Countyís $1.4 million.Smith said anything we can do to make the operational cost better is going to make a better facility.


Schieber then asked when the tax would be collected if it passed in May.


Smith said it takes 75 days to prepare a notice making the tax go into effect October 1, 2008, with the first cash collection to the treasurer on December 10, 2008.


Schieber stated he has major issues with putting a flat roof on the new facility and that he is not in favor of a flat roof; Schieber said he would prefer a sloped steel roof.


Don Jones, Jail Consultant said the board has not voted on any architectural plans.Robinson added the commissioners must approve plans before proceeding.


Architect Stan Lewis said changing the roof can be done.He explained for security purposes a jail must have a concrete roof; if you have a metal roof it has to be ventilated.


The Board of Commissioners passed a motion to call for an election on May 13, 2008.


Don Garrison, State Department of Health, said he could tell there has been a lot of work done in the jail.He mentioned he would not be as critical as he should be because of the progress we are trying to make.Garrison said if the inmate count is raised to 130 it will not solve any problems because if we can not segregate we will still not be in compliance.


Garrison said he was pleased the county decided to go out for a sales tax.He said he hoped every person in the room would work together to try and get the sales tax passed reiterating the current jail does not meet any constitutional rights.


No report was given from the Architect Liaison Committee or on jail repair status.


Robinson said the jail site selection committee will continue to look for a jail location.


Don Jones reminded everyone the jail population escalates in the spring and said the county may be looking at housing inmates in Osage County again.


Jones spoke about the proposed new facility and said it will not be a Holiday Inn; the inmates will sit on concrete or steel.He said it is not a fancy jail; it is a hardened facility built with staff safety in mind.


Lewis suggested having a meeting regarding the style of roof to put on the new facility.Lewis said there are several options to be considered, a sloped roof is not a cure all; it is very expensive estimating an increase of around $2 million.


Grossardt commented when Blackwell Leadership attended County Government Day they toured the jail and many questions were asked.


Paul Smith said he would draft a press release for the Commissioners and the JFA to consider.


Carl Giddens said he would like an outline prepared to have for future speaking engagements so everyone would basically use the same speech.


Unscheduled public appearances:Questions were asked on clarification of funds received from the sales tax if passed.


There being no other business, motion was made by Giddens and seconded by Young to adjourn (4:20 p.m.).Motion carried.










Approved this 28th day of March, 2008.






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Tammy Reese, County Clerk

County of Kay, State of Oklahoma

Secretary, Kay County Justice Facilities Authority