April 14, 2008

Newkirk, Oklahoma


The Board of County Commissioners of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, April 14, 2008, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on April 11, 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.

The meeting was moved to Courtroom A because of the number of people in attendance. 

Chairman Wilson called the meeting to order.  Those present were as follows: Steve Austin, Vice-Chairman; Dee Schieber, Member; Mark Gibson, District Attorney (DA); Will Clark, First Assistant District Attorney; Judy Barnes, Kay County Assessor; Christy Kennedy, Kay County Treasurer; Everette Van Hoesen, Kay County Sheriff; Larry Klumpp, OSU Extension; 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).


Motion was made by Schieber and seconded by Austin approving regular meeting minutes of April 7, 2008.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Shane Frye, Executive Director of the Blackwell Chamber of Commerce introduced Attorney Dan McMahan to speak on behalf of the Blackwell Industrial Authority for the adoption of The Joint Master Project Plan relating to the Blackwell Industrial Park, City of Blackwell, Kay County, Oklahoma, and the creation of the Increment District No. One, Kay County Oklahoma to build an Ethanol Plant.


Mr. McMahan began by saying a tax increment district was created in Kay County pursuant to the provisions of the Oklahoma Local Development Act, Title 62, Section 850.  He said this First Supplemental Project Plan Relating to Increment District No. 1 has been prepared to present the information to the public and give the public an understanding of the project being proposed.


McMahan said on April 28, 2008, at 9 a.m. they will listen to comments from the public during a regularly scheduled meeting of the Board of Kay County Commissioners in Newkirk.


Jail Issues:  Sheriff Van Hoesen reported the daily inmate count showing 123.  Van Hoesen mentioned a leaking valve in the fire alarm system and said that was the biggest expense.


Sheriff Department’s FY2007-2008 budget:  Commissioner Austin asked the sheriff to prepare a breakdown of expenses and present to the Commissioners.  Undersheriff Steve Kelly handed to the Commissioners the costs projections for April through June 2008.  Kelly said to pay expenses for the remainder of the fiscal year they would be around $65-70,000 short.


Kelly said money was set back to pay for control panels.  Commissioner Wilson said he had some reservations on whether or not replacing the control panels would correct things.


Other areas of expenses mentioned were:  Increase in juvenile detention cost (up $32,000); increase in wages due to overtime/employee shortage, 12-13 employees beginning of year currently fully staffed at 21; increase in fuel costs (up $31,000) and transports; income to jail has decreased with expenses to jail increased.


Citizen Pat Branch spoke concerning her personal interest in the recent purchase of 55 acres bought to build the proposed new jail facility (the acreage will border her home).  Concerns mentioned were:  Number of acres purchased; no appraisal was done on the property; the amount paid per acre; county paying closing costs on the property; safety issues for her family, sewer/lagoon; environmental issues; who will service electricity.


Commissioner Schieber said no matter where we would decide to build someone would be against it.  Schieber commented he felt bad for Branch and told her he did not think there would be any environmental issues.


Commissioner Austin explained the negotiated price on the property between the Gelmers and the Justice Facilities Authority (JFA).


JFA Chairman Bruce Robinson said the authority looked at several other sites and options and it was a unanimous decision that the site purchased was the best selection.


DA Mark Gibson said it was a reasonable price for the property, it was what the authority was looking for and it was what they choose.


JFA Chairman Bruce Robinson presented a detailed report of the JFA.  Topics in report were:  BACKGROUND – Oklahoma State Health Department inspections of Kay County Jail listing findings of serious deficiencies within jail, $95,000.00 fines levied against Kay County, creation of JFA listing current trustees; GOALS; CHALLENGES; FINDINGS; FUNDINGS AND CONCLUSION.


Robinson presented to local newspapers for immediate release a response to an e-mail circulated by the City of Ponca City and the Ponca City Development Authority (printed in the Tuesday, April 8, 2008, edition of the Ponca City News) mentioning inaccuracies and misleading information regarding the proposed Kay County Sales Tax to be voted on by the citizens of the county on May 13, 2008.


Robinson’s press release concluded by saying he hoped everyone would take time to inform themselves of the facts, ask questions and make an informed decision on May 13, 2008.  Robinson said our founding fathers lamented the fact that in order for democracy to work well, it was dependent upon a sell-informed electorate.


Chairman Robinson spoke mentioning the following topics:  The nature of fines levied against Kay County, the many deficiencies and the seriousness of the overcrowded jail; $95,000 fines that are now under appeal; if enforced the fines and other costs will be added to the property owners; property owners will suffer from the burden of additional taxes from the fines to be enforced; sales tax is the fairest way to solve our jail problems; out of 77 counties only four counties including Kay County do not have a sales tax; it is Kay County’s responsibility to provide a safe secure facility; the number of arrests and repeated violators.


Robinson added we (JFA) are passionate about the need for a new jail.  We have met at least every other week for over a year to find a solution.  We have hired professional advisors, architects, engineers and consultants as well as attorneys to give us direction and guidance.  We have taken our responsibilities seriously and believe our recommendations are correct and will solve our current problems.  We ask for your support as we face the future together, united for a safer, more secure Kay County.


DA Mark Gibson said as your District Attorney a new jail is a must.  Gibson began by saying the JFA was asked to serve as volunteers, they had no idea what was going on and no prior involvement in county government.  They (JFA) were on board to figure out problems and come up with a solution.  The JFA came in saying we do not want a new jail but now are saying we have to have a new jail.  Gibson said the fact that no one wants a new jail does not change the fact that we need a new jail.


Gibson noted that in 1987 there were 800 criminal cases and in 2007 there were 2,000.  He said Kay County ranks first in the state in sex and domestic crimes.


Gibson referred to a jail log randomly picked and said 69 percent of the inmates from that log were from Ponca City. Gibson said in the almost nine years as DA every murder case but one was Ponca City; he said he had four pending homicides and all of them are from Ponca City. 


Gibson commented he was offended by the e-mail from Ponca City; he said let’s protect our citizens and give them safety.


Gibson said the most important government duty is the safety and protection of the people.


Gibson then explained that funds raised by the sales tax would only be spent on the jail and when the bond is paid off the tax will be cut in half.  He said if the sales tax brings in more than projected then the bond would be paid off as soon as possible.


Gibson commented Oklahoma Juvenile Affairs would like to use the current jail as a juvenile detention center, adding that doesn’t mean it will happen.  Gibson said the current jail could also be used as a holding cell.


Gibson ended by saying bottom line is we have dangerous people on the streets because we are setting bonds so low and that is a direct product of not having enough room in our current jail facility.  Kay County is not as safe today as we would like.


Motion was made by Schieber and seconded by Austin approving Chairman Wilson to sign Agreement between the Board of County Commissioners and ‘Subscribers’ listed below allowing remote terminal capabilities with the Assessor’s Office:  Richard Braden.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Motion was made by Austin and seconded by Schieber approving Chairman to sign salary reimbursement for March 2008 for Election Board Secretary.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Motion was made by Schieber and seconded by Austin approving Kay County Treasurer Christy Kennedy to oversee Financial Statement Preparation on audit services performed by the State Auditor and Inspector’s Office.


No discussion was made concerning Road and Bridge Projects.


Motion was made by Schieber and seconded by Austin to Table surveyors digging holes on asphalt roads.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Motion was made by Austin and seconded by Schieber approving Road Crossing Permit, Dist#2, ½ mile north of Dry Road on “S” Street (SemCrude).  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


No action was taken on ODOT Form 324A on Project STP-136C(164)CO SJN 25107(05). 


Motion was made by Schieber and seconded by Austin noting the following Monthly Reports for March 2008:  Election Board; Court Clerk – Blackwell, Ponca City, Newkirk Offices; Public Health.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Motion was made by Austin and seconded by Schieber approving the following Resolutions to deposit:  Res#7, 8-199, Public Building Authority, April 2008 Rent-$1,408.84; Res#7, 8-200, Highway Dist#2, Road Crossing Permit Dry Road Pipeline-$500.00; Res#7, 8-201, Child Abuse Prevention, Juror Donations-$315.17.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Motion was made by Austin and seconded by Schieber approving the following Cash Fund Estimate of Needs and Request for Appropriations:  Public Buildings Authority-$1,408.84; Child Abuse Prevention-$315.17; Public Buildings Authority-Health-$1,483.81.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Motion was made by Austin and seconded by Schieber approving the following Transfer of Appropriations:  Sheriff Part-time-$4,000.00 to Overtime.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.



No public appearances were made.


Motion was made by Schieber and seconded by Austin to recess meeting to the Commissioners Court to finish meeting (10:55 a.m.).  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Motion was made by Schieber and seconded by Austin to reconvene meeting (10:57 a.m.).  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Schieber commented he wanted to refer to an article in last weeks Newkirk paper and wanted it noted that it was not a grant Kay County received from Kaw Tribe but a high priority program from the Indian Reserve Program.


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


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



                2007-2008 Cert.Fee: 40, Kennedy, Christine, 130.29, Travel; General: 2135, Kansas Turnpike Authority, 18.50, Blanket; 2136, Houser Hardware, 585.84, Blanket; 2137, Bankers Credit Card Service, 206.64, Out Of County Expense; 2138, Fleetcor Technologies, 5032.49, Fuel; 2139, Take Ten Tire, 435.78, Blanket; 2140, Birch Telecom, 1.51, Blanket; 2141, City of Blackwell, 1050.00, Rent; 2142, Juniors Locks & Alarms, 75.00, repair lock; 2143, Juniors Locks & Alarms, 85.05, Lock & keys; 2144, Lewis Associate Architects, 1600.00, Architectural Services; 2145, Patriot Signage, 192.50, Voter signs; 2146, Keeler Roto-Rooter Service, 70.00, Maintenance; 2147, Midwest Computers, 150.00, COMPUTER SERVICE; 2148, Southwest Business Products, 71.46, OFFICE SUPPLIES; 2149, Thomson-West, 542.48, OK ST Books; 2150, Muskogee County Detention

                Cntr, 279.24, Juvenile Detention; 2151, Farha Wholesale Co., 228.57, Floor Supplies; 2152, Southwest Business Products, 71.76, Copy Paper; 2153, Gee, Daryle R., 44.64, Meals; 2154, Okla. Juvenile Justice SVCS, 1201.72, Juvenile Detention; 2155, Ok Cooperative Extension

                Service, 7190.00, Contractual Services; Health: 333, Walmart Community BRC, 51.34, Blanket; 334, Staples, 54.96, Blanket; 335, Cimarron Transit, 30.00, Patient Transportation;

                336, Merrifield Office Supply, 137.80, Envelopes; 337, Peterson Handwriting, 27.38, Pencils And Sharpeners; 338, U.S. Postal Service, 1000.00, Postage; 339, Yadon & Putnam  Public Acct., 485.00, Estimate Of Needs; 340, Carol Rickards, 168.75, Nursing; Highway: 1531, Total Com Inc., 57.25, Blanket; 1532, Kelle Oil Company, 984.20, Blanket; 1533, Pioneer Hydraulics, 53.78, Blanket; 1534, Take Ten Tire, 931.47, Blanket; 1535, Cool Rush Water & Ice, 16.47, Blanket; 1536, Lampton Welding, 13.50, Blanket; 1537, Pioneer Hydraulics, 11.63, Blanket; 1538,

                Take Ten Tire, 965.95, Blanket; 1539, Blackwell True Value Hardware, 65.45, Parts & supplies; 1540, Take Ten Tire, 179.46, Blanket; 1541, Hats Auto Supply, 37.89, Blanket; 1542, Kelle Oil Company, 2741.04, Blanket; 1543, Take Ten Tire, 982.16, Blanket; 1544, Unifirst Corporation, 545.25, Uniform Cleaning; 1545, Waste Connections Inc, 85.45, Billing; 1546, Staples, 38.91, OFFICE SUPPLIES; 1547, Blackwell Coop, 2172.90,      Herbicide; 1548, Circuit Engineering District #8, 256.00, Road signs; 1549, 7 Mile Mine LLC, 5959.98, Crusher Run; 1550, Filter Care Of

                Missouri, 134.40, Filters; 1551, Stillwater Steel & Supply LLC, 3456.20, Welder; 1552, Kelle Oil Company, 824.00, Tire and mounts; 1553, Blackwell Coop, 322.50, Herbicide; 1554, OK Natural Gas, 91.10, Gas service; 1555, Rural Water District #3, 36.33, Water; 1556, Zee Medical

                Inc., 126.45, Medical Supplies; 1557, Brawley Engineering, 5600.00, Engineering; 1558, Bkl Incorporated, 10000.00, Engineering; 1559, Stingley, Jack, 285.00, Welding supplies; 1560, Budget Pest Control, 75.00, Quarterly maint.; 1561, Pioneer Equipment Rental, 687.60,

                Motor; 1562, Austin, Steve, 174.27, Mileage & Meals; 1563, Schieber, Dee, 206.32, Mileage & Meals; Jail Cash Fund: 171, Quality Water Service, 79.25, Water & Cooler Rent; 172, Four State Maintenance, 444.68, Supplies; 173, U.S. Foodservice, 7625.49, Blanket; 174, Lowes Building Center, 204.80, Blanket; 175, Leach Paper Co., 815.91, Blanket; 176, Health Professionals, 12253.23, Blanket; 177, Craftmaster, 81.24, Parts for jail; 178, Houser Hardware, 155.40, Drain Cleaner; 179, Opportunity Center Inc., 80.00, Shirts; 180, Superior Plumbing, 635.00, Repair leaks; 181, Robbins Restaurant Repair, 58.05, Part for slicer; 182, Carys  Septic Cleaning, 75.00, Service call; Serv.Fee: 181, Galaxie Business, 30.51, Blanket;        Training: 4, GT Distributors Inc., 3769.15, Tasers/Cartridges; Drug Court: 16, Hartwig, Kyle, 2617.50, Contractual Services


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 Austin to adjourn (11:08 a.m.).  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.














Approved this 21st day of April, 2008.