The Board of County Commissioners of Kay County, Oklahoma, met in special session at 2:30 p.m., Friday, February 22, 2008, in Commissioners Court located on the First Floor of the Kay County Courthouse in Newkirk, Oklahoma.Notice of the meeting was posted for public information on February 20, 2008, at the Courthouse front door, Commissioners Court, and basement handicapped entrance of the Kay County Courthouse in Newkirk, Oklahoma.


Chairman Wilson called the special meeting to order.Those present were as follows:Members Dee Schieber and First Deputy Peggy Ennis; Judy Barnes, Kay County Assessor; Christy Kennedy, Kay County Treasurer; District Attorney (DA) Mark Gibson; Charles Abbott, Blackwell Journal Tribune; Scott Cloud, Newkirk Herald Journal; Sharon Rowen, Ponca City News; Tammy Reese, Kay County Clerk/Secretary (see sign-in sheet).


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.


Those present from JFA were as follows:Bruce Robinson, Chairman; Members-Carl Giddens, Darrel Grossardt, Laile Wilson, Commissioner and Wes Young; Paul Smith, Financial Advisor; Stan Lewis, AIP Architect; Don Jones, Jail Consultant.


Motion was made by Schieber and seconded by Ennis to enter into executive session upon recommendation of DA Mark Gibson, 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 (2:34 p.m.)Motion carried:Schieber, aye; Ennis, aye; Wilson, aye.


Motion was made by Schieber and seconded by Ennis to reconvene special meeting (3:15 p.m.).Motion carried:Schieber, aye; Ennis, aye; Wilson, aye.


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.


Motion was made by Ennis and seconded by Schieber to authorize the JFA to spend up to $10,000.00 to be used as earnest money or option money for the purchase of property.Motion carried:Schieber, aye; Ennis, aye; Wilson, aye.


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 added 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.

Motion was made by Schieber and seconded by Ennis to call for an election on May 13, 2008.Motion carried:Schieber, aye; Ennis, aye; Wilson, aye.


Motion was made by Schieber and seconded by Ennis to adjourn (3:52 p.m.).Motion carried: Schieber, aye; Ennis, aye; Wilson, aye.






Approved this 3rd day of March, 2008.


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††††††††††† ††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† PEGGY ENNIS, FIRST DEPUTY