The Board of County Commissioners of Kay
County, Oklahoma, met in regular session at
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
Motion was made by Schieber and seconded by
Ennis approving special meeting minutes of
Jail Issues: Undersheriff Steve Kelly said the average
inmate count for the month of February was 112 with the daily count for
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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
Courthouse roof:
DA Mark Gibson asked
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;
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;
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;
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
Wilson said to return to the tabled item at
this time.
Brent Clark said the documents have been
revised.
Will
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;
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;
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;
Unscheduled public appearances: David Hanes presented an invoice to Peggy
Ennis, Dist#2 (measuring
Motion was made by Schieber and seconded by
Ennis approving Blanket Purchase Orders.
Motion carried: Schieber, aye;
Ennis, aye;
Motion was made by Ennis and seconded by Schieber
approving Maintenance & Operation Claims.
Motion carried: Schieber, aye;
Ennis, aye;
FY 2007/2008 PURCHASE ORDERS:
2007-2008 Cert.Fee: 31, Stephens,
Rhonda, 191.20, Travel & Meals; EMA: 101, Allegiance Communications, 21.01,
Cable Service; 102,
General:
1856,
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
There being no other business, motion was made by Schieber and
seconded by Ennis to adjourn (
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Approved this 10th day of March, 2008.
___________________________
LAILE WILSON, CHAIRMAN
___________________________
PEGGY
ENNIS, FIRST DEPUTY
___________________________
DEE SCHIEBER, MEMBER
ATTEST:
____________________________________
TAMMY REESE,
SECRETARY, BOARD OF
(SEAL)
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