The Board of County Commissioners of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, March 3, 2008, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on February 29, 2008, at 8:30 a.m. at the Courthouse front door, Commissioners Court, and basement handicapped entrance of the Kay County Courthouse in Newkirk, Oklahoma.

Chairman Wilson called the meeting to order.  Those present were as follows: Peggy Ennis, Vice-Chairman; Dee Schieber, Member; Judy Barnes, Kay County Assessor; Christy Kennedy, Kay County Treasurer; Mary Ramey, Kay County Court Clerk; Everette Van Hoesen, Kay County Sheriff; Kay County District Attorney (DA) Mark Gibson; First Assistant District Attorney (ADA) Will Clark; Justice Facility Authority (JFA) Bond Attorney Brent Clark, Attorney David Cummings, Chairman Bruce Robinson, Member Darrel Grossardt; Scott Cloud, Newkirk Herald Journal; Sharon Rowen, Ponca City News; Tammy Reese, Kay County Clerk/Secretary (see sign in sheet).


Motion was made by Ennis and seconded by Schieber approving regular meeting minutes of February 25, 2008.  Motion carried:  Schieber, aye; Ennis, aye; Wilson, aye.


Motion was made by Schieber and seconded by Ennis approving special meeting minutes of February 22, 2008.  Motion carried:  Schieber, aye; Ennis, aye; Wilson, aye.


Jail Issues:  Undersheriff Steve Kelly said the average inmate count for the month of February was 112 with the daily count for March 3, 2008, showing 108.


Schieber asked Sheriff Van Hoesen what he has heard regarding the touch screens.  Sheriff said they have not called but said it would be May before work would actually get started.


Wilson said about three weeks ago he was contacted by Sweeper Fabricators requesting final payment on doors in the jail.  Wilson told the representative from Sweeper’s the county would not pay the remaining balance until the doors were operational.  Sweeper’s was paid 75% of the invoice in October.


Discussion was made regarding adopting a Resolution and issuing an Election Proclamation setting forth the language to be used for the Proposition to be submitted to the citizens of Kay County during the countywide sales tax election on May 13, 2008, previously called for by the Kay County Board of County Commissioners.


ADA Will Clark said JFA Bond Attorney Brent Clark prepared a Resolution and an Election Proclamation.  Will Clark said he drafted two proposals to present to commissioners after reviewing both of these documents a minor change has been made (“to” to a “shall”) and three different drafted versions were presented.  The versions are identical in language with the exception 1) prepared by Brent Clark 2) DA Mark Gibson pointed out specific language that read “pursuant to the approval of the Kay County Board of County Commissioners” that was added to the language that was submitted by Mr. Brent Clark after talking with each commissioner we added for commissioners consideration “subject to the approval of the Kay County Board of County Commissioners” 3) removes any reference to just the general operations of the Sheriff’s Department making it limited strictly to all possible expenses for the actual building and maintaining operations of the Detention Facility.


Wilson read the version submitted by Mr. Brent Clark “Acquisition, construction, and equipping a new Kay County Detention Facility; existing jail renovations; and operating and maintaining the Kay County Detention Facility and other county law enforcement expenses.”


ADA Will Clark said pursuant to our conversation with each of you (commissioners) concerning the language we deleted “and other county law enforcement expenses.”




Gibson said, you (commissioners) have not decided if your intentions were for the tax itself to fund non-jail/detentions this wording gives you the option to exclude that completely or you can leave it in there subject to your approval as opposed to the money going to the Sheriff.  That is why we have multiple choices for you to choose from.


ADA Will Clark added you can add or subtract to any of the three proposals.  These are drafts and we can easily make changes for you.  If you choose you can pass this now if you are prepared or you can place the item on the agenda for next week.  It would have to be decided on by next week in order to meet the deadline for the election to occur.


Wilson asked for explanation.  ADA Clark said (Version 3) limits the money, the money can only be spent on specifically on what is in the proposition and this proposition indicates that money can only be spent on the jail, on building the new jail, acquiring land, maintaining this jail and the jail of the future; the money can not be spent for any other purpose.  If there is an overage in the tax that money will remain in the county treasury until the money can be spent on the jail in the future.  The money could be used to pay off the bonds at an earlier date.


Gibson added if overages are limited in this way, not only can you pay off debts early but the money can sit and accrue until there is a major expense.


Sheriff Van Hoesen asked if the maintenance portion of the proposition included the sheriff’s office. 


Gibson said with the sheriff’s office being built in the new facility he would think it would be included, but what it would not apply to is buying of sheriff’s cars, etc.


Van Hoesen indicated he wanted to make sure the proposition included maintaining the sheriff’s office.


Wilson asked if the sheriff would still receive a budget from the county.


Gibson indicated he would on the law enforcement side.


Gibson said these options let you decide whether you want to keep open the possibility of using excess sales tax revenue.  If there is an excess one gives you the option of supplementing the law enforcement side, the other is just to make a statement by the Board of Commissioners that this is a jail tax, a tax to run the jail, if the tax does not produce enough to fully fund the jail any further monies would have to come from the county.  It is a policy decision on the commissioner’s part; what you want the ability to do.


Bond Attorney Brent Clark said he wanted to issue an apology to Mr. Gibson and his staff for making an intemperate remark to the press as to when the DA’s office received these drafted documents.  Clark said it was a miscommunication problem in his office.  Clark said there is no excuse and he is apologizing.


Brent Clark said what this board will do today is consider a resolution.  The resolution will call the election; the accompanying document is the proclamation.  The language in these two documents mirrors each other.  What you will do is vote on a resolution, reconcile and make sure the language is consistent between the resolution and the proclamation.  Clark said when we are finished with this process David Cummings and I will take this to the election board and schedule the election.


Brent Clark explained where the subject matter came from on “other law enforcement expenses.”  It came from our experiences with other counties where there were deficiencies in the existing jail that needed to be addressed right now with no money to do it.  These deficiencies included physical improvements and sometimes added staffing. What we found unless we put “other law enforcements” in there these county sheriffs had around 18 months to two years where they didn’t have any money to address the immediate matters.  Clark explained to the commissioners their choices to take it out, to put in there with commissioners overview, or leave it like it is.


Gibson suggested wording the document “existing jail renovations and operations” which would allow us to take care of any immediate matters or pending crisis until the new jail is built, if the commissioners want to stay away from the lawful operations of the sheriffs office.  Gibson said, after visiting with Commissioner Schieber, this would give us the best chance to pass the tax because it would be an explicit jail tax.


Gibson said it was his understanding from the leadership of the JFA their intent was for this tax to be for the jail and not the overall funding of the sheriff’s office.


JFA Chairman Bruce Robinson indicated that was correct.


JFA Council David Cummings said he liked Mark Gibson’s idea on this issue because it gives us the opportunity to keep the jail in compliance.  Cummings said he agrees with Gibson on the fact the more we limit this tax the better chance it has to pass.  This will give us the chance to keep the Department of Health happy and work toward the new facility.


Sheriff Van Hoesen again stated he wanted wording in the documents to cover maintenance in the sheriff’s office.


Gibson said the sheriff’s office would be covered because it does not say “of the jail” it says “of the detention facility.”


David Cummings said he and Brent Clark agrees with Gibson that it covers the whole building, whatever the acreage is, is part of the detention facility.


Wilson clarified that a motion was made and approved calling for an election on May 13, 2008, in a special meeting held on February 22, 2008.


Gibson suggested to the Board of Commissioners to table this item allowing Will Clark time to make necessary changes to the documents that will presented to the board.


Wilson said the item would be tabled until Will Clark returns with the proper documents.


Ladies Restroom Renovation:  Judy Barnes told the commissioners Todd Lewis, Lewis Associates Architects, was here to examine the ladies restroom and reported the wall that separates the lounge area from the lavatory area is not a load bearing wall.  Lewis said drilling into the floor would not be a problem.  He also said cast iron pipes could be used and that would help eliminate the noise problem; he said there were other alternatives to be considered.


Road and Bridge Projects, Circuit Engineering District (CED) No. 8:  Schieber mentioned the State wide county auction to be held in Elk City this Friday and Saturday.  Schieber and Wilson described the gist of the auction.


Courthouse roof:  Wilson said he spoke with Todd Lewis, Lewis Associates Architects, about getting the bid specifications drawn up for the bid process.


DA Mark Gibson asked Wilson about the time frame on this project.


Motion was made by Schieber and seconded by Ennis approving Lease Purchase Agreement for Equipment between the Board of County Commissioners and Eastman National Bank on a John Deere Tractor for Dist#1.  Motion carried:  Schieber, aye; Ennis, aye; Wilson, aye.





Motion was made by Schieber and seconded by Ennis approving the following Resolutions to deposit:  Res#7, 8-173, LEPC-$1,000.00; Res#7, 8-174, Highway Dist#3, overpayment on JD770CH Grader-$1,498.43; Res#7, 8-175, Highway Dist#1, FEMA-1712-DR-OK, PW#867 PK10 SA#315-$9,460.15; Res#7, 8-176, Highway Dist#2, BIA-$54,823.15.  Motion carried:  Schieber, aye; Ennis, aye; Wilson, aye.


Motion was made by Schieber and seconded by Ennis approving signatures needed on Project Worksheets regarding recent severe storms, tornadoes and flooding on FEMA money for District #1, FEMA-1712-DR-OK, PW#867 PK10 SA#315-$9,460.15.  Motion carried:  Schieber, aye; Ennis, aye; Wilson, aye.


Gibson expressed his gratitude to Ms. Ennis.  Gibson said she has stepped into a very difficult situation and the DA’s office has seen her work tirelessly putting in a huge amount of time and energy and really devoted herself in a situation where there was no necessity for her to do.   She deserves a great deal of respect and appreciation from all of Kay County.


Wilson said to return to the tabled item at this time.


Brent Clark said the documents have been revised.  Clark said you now have in front of you the Resolution and the Election Proclamation.


Will Clark said the motion would need to include approving both documents.


The Resolution/Election Proclamation that was approved read “Acquisition, construction, and equipping a new Kay County Detention Facility; existing jail renovations and operations; and operating and maintaining the Kay County Detention Facility.”


Motion was made by Schieber and seconded by Ennis approving Election Proclamation and Resolution and authorizing Chairman Wilson to sign both documents.  Motion carried:  Schieber, aye; Ennis, aye; Wilson, aye.


Motion was made by Ennis and seconded by Schieber approving the following Cash Fund Estimate of Needs and Request for Appropriation:  LEPC-$1,000.00; Highway-$298,731.19; Sheriff’s Service Fee-$37,912.78; Sheriff’s Jail-$33,858.15; Highway-$54,823.15.  Motion carried:  Schieber, aye; Ennis, aye; Wilson, aye.


Motion was made by Schieber and seconded by Ennis accepting bid from Tulsa Freightliner in the amount of $29,800.00 on Bid#2008-16 Truck Tractor for Dist#1.  No bid was made from the following companies:  CL Boyd, Kirby-Smith Machinery, Inc., Northern Equipment, Frontier Equipment Sales, L.L.C. and The G. W. Van Keppel Company.  Southwest Truck Parts, Inc. presented a bid at a lower cost than Tulsa Freightliner but was not accepted due to the overall condition and comparison of the trucks.  Motion carried:  Schieber, aye; Ennis, aye; Wilson, aye.


Unscheduled public appearances:  David Hanes presented an invoice to Peggy Ennis, Dist#2 (measuring Union to Highway 11).


Motion was made by Schieber and seconded by Ennis approving Blanket Purchase Orders.  Motion carried:  Schieber, aye; Ennis, aye; Wilson, aye.


Motion was made by Ennis and seconded by Schieber approving Maintenance & Operation Claims.  Motion carried:  Schieber, aye; Ennis, aye; Wilson, aye.



                2007-2008 Cert.Fee: 31, Stephens, Rhonda, 191.20, Travel & Meals; EMA: 101, Allegiance Communications, 21.01, Cable Service; 102, Kay County, 440.00, Workers Comp;

                General: 1856, Kay County, 176.00, Workers Comp; 1857, United Linen, 134.35, Blanket; 1858, Page Plus Inc., 155.05, Blanket; 1859, Biltmore Hotel, 305.93, Lodging; 1860, Biltmore Hotel, 268.00, Lodging; 1861, STC, 189.97, Copier contract; 1862, Election Works, 342.10, Voting

                booth; 1863, Betsy Ross Flag Girls Inc., 281.22, Flags; 1864, AT&T Mobility, 44.51, Wireless bill; 1865, Hodgson, Audra, 39.38, Refund of ins. premium; 1866, Secretary of State, 25.00, Notary application fee; 1867, Quality Water Service, 27.25, Water; 1868, Quality Water Service, 15.90, Water; 1869, Zee Medical Inc., 33.85, Medical Supplies; 1870, Bristow, Jeremy A., 33.33, Travel; 1871, Johnston, Jamie, 22.15, Meals; Health: 283, AT&T Long Distance, 68.39, Long distance; 284, AT&T Long Distance, 139.27, Long distance; 285, Ponca City News, 22.50, Subscription renewal; 286, Newkirk Herald Journal, 20.00, Subscription; 287, S T C, 82.30, Copier maintenance; 288, Ponca City Utility Authority, 1137.84, Electric & Water Usage; Highway: 1310, Kay County, 3896.00, Workers Comp; 1311, Kay County, 3769.00, Workers Comp; 1312, Kay County, 4678.00, Workers Comp; 1313, Kelle Oil Company, 570.79, Blanket; 1314, Hats Auto Supply, 68.61, Blanket; 1315, Painting & Sandblasting, 1500.00, Blanket; 1316, Bellco Materials Inc., 3264.09, Road rock; 1317, 7 Mile Mine LLC, 5928.06, Crusher Run; 1318, Apac-Oklahoma Inc, 6456.90, Road rock; 1319, Ponca City Publishing Co. Inc, 36.00, Internet Service; 1320, Dub Ross Co. Inc., 986.40, Pipe; 1321, Cintas, 40.00, Cleaning; 1322, AT&T Long Distance, 40.41, Long distance; 1323, Kelle Oil Company, 1476.00, Tires & Misc; 1324, AllTel, 57.11, Phone Service; 1325, AT&T Long Distance, 31.98, Long distance bill; 1326, City of Blackwell, 422.15, Electric & Water Usage; 1327, Ponca City Utility Authority, 635.04, Electric & Water Usage; 1328, Dish Network, 16.99, Satellite service; 1329, Zee Medical Inc., 149.90, Medical Supplies; 1330, Jay Warner Wrecker Service, 63.00, Tow expense; 1331, Oklahoma Tax Commission, 50.00, Tags; Jail Cash Fund: 137, Walmart Community, 294.63, Blanket; 138, Allegiance Communications, 36.76, Blanket; 139, Quality Water Service, 71.90, Blanket; PBA: 23, Caskey Pest Control, 44.00, Blanket


Details’ concerning the above listed purchase orders/claims are available in the County Clerk’s Office.  All records are open to the public, and any person may examine same during regular office hours.        


There being no other business, motion was made by Schieber and seconded by Ennis to adjourn (10:14 a.m.).  Motion carried:  Schieber, aye; Ennis, aye; Wilson, aye.








Approved this 10th day of March, 2008.