Monday, July 28, 2008

Newkirk, OK  74647


The Board of County Commissioners of Kay County, Oklahoma, met in regular session at 9:00 o’clock a.m. on Monday, July 28, 2008, in the Commissioners Court of the Kay County Courthouse in Newkirk, Oklahoma.  Notice of the meeting was posted for public information on July 25, 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:  Steve Austin, Vice-Chairman; Dee Schieber, Member; Mark Gibson, District Attorney (DA); Kristin Taylor, Assistant District Attorney (ADA); Christy Kennedy, Kay County Treasurer; Radena Eisenhower, Kay County Assessor Office; Lila Logan, Kay County Court Clerk office; Everette Van Hoesen, Kay County Sheriff; Steve Kelly, Kay County Undersheriff; Bruce Robinson and Carl Giddens, Justice Facilities Authority (JFA); Paul Smith, Financial Advisor for the JFA; Brent Clark, Bond Attorney; Claude and Bill Williams, Taxpayers for Transparency; 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 Wilson approving regular meeting minutes of July 21, 2008.  Motion carried:  Schieber, aye; Austin, abstained; Wilson, aye.


Bruce Robinson, Chairman of the JFA, said much time was spent reviewing all options hearing presentations from Tom Thompson, D.A. Davidson and Paul Smith, Financial Advisor; Robinson said Paul Smith and Brent Clark were present to answer any questions.  Robinson stated the authority respectively requests from the Board of County Commissioners approval of the Resolution as presented. 


Commissioner Schieber said he had spoken with two banks that are aggressive in this type of financing and he visited with Paul Smith at length; Schieber said he did not think we could find a better interest rate than what is being proposed.


Commissioner Austin commented that going with the private funding option there was a considerable amount of savings versus the public funding option.


Financial Advisor Paul Smith said to be clear of the Resolution the waiving only relates to the sale of the debt.  Smith said it is a two-step process $10 million immediately and $10 million in 2009.


Bond Attorney Brent Clark said he recommends this Resolution to the board as well.


Motion was made by Schieber and seconded by Austin approving Resolution (Res#8, 9-34) granting beneficiary approval for the issuance by the Kay County Justice Facilities Authority (the "Authority"), of not to exceed Twenty-Two Million Dollars ($22,000,000.00) in tax-exempt obligations with regard to county capital improvement projects as follows: (a) acquisition, construction, operating, maintaining and equipping of a new Kay County Detention Facility; and (b) operations, maintenance, renovations, repairs, construction and/or demolition of the existing Kay County Jail for conversion to other governmental uses and purposes; and approving and authorizing the execution of a Sales Tax Administration Agreement between the County and the Authority for the administration of certain county sales tax revenues; and waiving competitive bidding with respect to sale of the obligations.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Dennis Bonewell, Emergency Management, said the City of Blackwell has committed a floodplain violation in an unincorporated area of Kay County, but since this item was on the agenda two weeks ago a dozer miraculously showed up and action has been taken to fix the problem.  Bonewell asked the Commissioners to Table this item today and give him more time to make sure the problem is completely solved.  Bonewell said he will need to contact the Floodplain Board again before moving forward.


Commissioner Wilson said he went on Saturday afternoon to look at the area and said the dirt has been moved to the south.  Wilson discussed the drains and the area Bonewell was referring to.


Commissioner Austin asked Bonewell what the process was – asking if the Floodplain Board has the authority to pursue this and if any other actions have ever been brought to the Commissioners in the past.


Austin then asked Bonewell if the mobile home on that flood zone property was a violation; Austin suggested to Bonewell to cover everything.


Austin made a motion to Table action on a floodplain violation committed by the City of Blackwell in the unincorporated area of Kay County.


District Attorney Mark Gibson said; I told the Commissioners two weeks ago the Commissioners do not have a role in this at this point.  The Statutes say the Floodplain Board should issue citations; if the person to whom the citation was issued chooses to appeal then the appeal is made to the Commissioners.  Gibson told the Commissioners unless the Floodplain Board issues a citation and the citation is appealed they do not have a role in this matter.


Commissioner Austin said after hearing Gibson’s statement he rescinds his motion to Table.


Commissioner Schieber said he requested the item pertaining to problems in the Sheriff’s office be put on the agenda.  Schieber said this item is in connection with the Executive Session held two weeks ago.


Schieber approached the Sheriff saying 1) He wanted all of the escapes stopped noting there have been three escapes this year; 2) He wants the jail staffed fully as soon as possible even if it means bringing the deputies inside.  Schieber said there were eight blocks of concrete cell torn out and questioned how this could happen without anyone in the jail being aware it was going on.


Austin asked the Sheriff if cell checks were being done on a regular basis.


Sheriff Van Hoesen said cell checks are being done.  He said they were aware of the blocks; he said the problem with the blocks is they were never filled with concrete and

when you get one loose you can just knock the rest of them out very simple. 


Sheriff mentioned the escapes and said now that the auxiliary doors have been welded shut there should not be anymore escapes.


Sheriff then brought up the staffing issue and said after payroll has been discussed he would see if the Commissioners were serious about the staffing problem.


Schieber told the Sheriff he wants that jail staffed one way or the other; Schieber said that is the only way to stop all these problems.  He told the Sheriff he has had three escapes, three riots, and feels the inmates are not being watched.


Schieber then told the Sheriff that his deputies are driving sheriff vehicles for personal use and said get that stopped today.  Some of your deputies are driving sheriff vehicles to their second jobs and we are not going to fund that type of use.


Van Hoesen said they are working several off duty jobs with the Casino’s and it is proper for the deputies to use these vehicles.


DA Gibson asked if they are doing off duty work as deputies – is that money coming to the Sheriff’s office?


Van Hoesen said no they are paying the deputies.


Gibson said then they are not there as deputies.  Gibson said if they are getting paid directly they can not use county property; when they are working as deputies they are paid by Kay County anything else is improper use of the vehicle.


Undersheriff Kelly said they have been doing that for six years.


Commissioners commented that does not make it right.


Gibson went on to say every time they have done this they owe the county money.


Gibson explained how this procedure could be handled properly and the process for them to follow.


Questions were asked by Sheriff and Undersheriff.  Gibson answered.


Schieber told the Sheriff some of the deputies were using vehicles as a family car and that was putting the county at too much of a risk.  Schieber said to get that stopped.


Schieber then mentioned a $2000.00 bond that was missing from the Sheriff’s office.


Van Hoesen said that was not true.


Gibson said you told me directly that was true.  In fact, you asked me if we needed a criminal investigation. 


Van Hoesen explained the bond was never missing and the procedure his office followed.


Van Hoesen told Gibson he never talked to him about a $2000.00 missing bond; he said he spoke to him about a $700 missing bond.  Van Hoesen said the $700 bond was recovered by a detention officer and the detention officer was terminated.


Schieber asked the Sheriff if the auditor’s talked to him about the $2000 missing bond.  He said they were having trouble finding it and no one in the Sheriff’s office wanted to help.


Van Hoesen said he did not have a $2000 missing bond.


Undersheriff Kelly said the supervisor of the auditors gave them an overview of the problems in their office and a $2000 missing bond was never mentioned.


Commissioners reiterated they did not want anyone hurt in the jail.


Commissioner Schieber said the Sheriff’s Department was funded enough money to hire jailers so that department could be fully staffed, if it takes your deputies to get the jail fully staffed so be it.


Schieber then told Kelly he wanted every one of the cells checked everyday.


Van Hoesen said he felt like he and his office has been slandered twice in the last three weeks in local papers by these accusations.  Van Hoesen went over some of the recent problems he has been facing and said these problems have been taken care of.  He said because his staff did not receive requested raises, they quit.  Van Hoesen said he did not like the escapes either and blamed the escapes on the poor facility.  He said he had never heard of a department not being able to use their vehicles in a manner where they are operating as a law enforcement officer.  Van Hoesen said he would talk with his deputies about using vehicles for personal matters, but he did not feel like that was the case.  Van Hoesen went on to say he felt like his department has been wrongly accused.  He said he did not feel like it was fair to him or any of the other officers.  Van Hoesen said in order to have an agenda item of this nature he felt it should take at least two of the commissioners, not just one.


Gibson told Van Hoesen he did not set the law.


Gibson said it was not just Dee Schieber amongst these commissioners or anybody else in this courthouse that has problems with your policies.


Van Hoesen said there was no reason for his department to be degraded like this; he said he has good employees who work very hard.


Gibson asked the sheriff for an explanation of why deputies’ vehicles have been seen in Ark City, Kansas at baseball and softball games.


Van Hoesen said that incident took place several years ago and the deputy is no longer here.


Gibson asked the sheriff if he had knowledge of deputies’ driving their own families around in county vehicles and actually telling the commissioners.


Gibson said to the sheriff, you are telling us today you never worked for a department where the vehicles weren’t used for private security and the only previous department you worked for was Ponca City Police Department (PCPD).  You are stating that it was PCPD policy that if an officer worked private security they were allowed to use PCPD equipment.


Van Hoesen explained to Gibson the procedure in which they were allowed to use PCPD equipment.


Jail Issues:  Undersheriff Kelly reported inmate count showing 116.


Road and Bridge Projects, Circuit Engineering District (CED) No. 8:  Schieber presented Austin and Wilson a list of critical bridges that would soon be inspected.


Motion was made by Schieber and seconded by Austin approving Agreement for the Construction of a Lake Access Road Project in and for Kay County, Dist#1 a $150,000 one mile project to start this Thursday.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Motion was made by Schieber and seconded by Austin approving Application for Permit Line Installation on County Right-of-Way, Permit#09-01 Road Crossing with 3” Poly Pipe located Section 14 TWP 25N R 1E petitioner Warren Corp, D#1.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Motion was made by Austin and seconded by Wilson to accept Kay County Treasurer’s Resale Deed located in Blackwell, Lots 1-3 & 13-24 Block 38 from Nellie Jack in the amount of $500.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Motion was made by Schieber and seconded by Austin noting Requisitioning Officer/Receiving Agent/Inventory Clerk for Kay County Assessor; Visual Inspection Reimbursement Fund; Visual Inspection; Kay County Treasurer and Kay County Certification Fee Fund (on file in the County Clerk’s office).  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


Motion was made by Austin and seconded by Schieber approving the following Resolutions to deposit:  Res#8, 9-30, Highway Dist#1, $500.00 Line Installation Permit#09-01; Res#8, 9-31, Highway Dist#2, $13,866.00 NODA REAP for Peckham Fire Department.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


No Cash Fund Estimate of Needs and Request for Appropriations were presented.


Motion was made by Schieber and seconded by Austin approving the following Transfer of Appropriations:  EMA Maintenance & Operations-$1,471.28 to Personal Service.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


There were no unscheduled public appearances made.


Motion was made by Wilson and seconded by Austin to accept Kay County

Treasurer’s Resale Deed located in Blackwell, Lots 5-20 Block 39 from Michael Hollenback

in the amount of $1500.00.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


After much discussion, motion was made by Austin and seconded by Schieber to withhold

raises requested by Sheriff Van Hoesen on Payroll with warrants to be released July 30,

2008.  Austin asked the sheriff if he was gong to be able to live within his budget this

year.  Sheriff Van Hoesen replied I doubt it.  Austin said after the budget is finalized the

item may be revisited.  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.


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


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



               2007-2008 General: 2818, OSU Bursar, 351.74, Computer Monitor; 2819, OSU Bursar, 63.76, DVD Drives; 2820, Fuzzell's Equipment, 318.00, Calculator; 2821, Cool Rush Water & Ice, 11.50, Water & Cooler Rent; Health: 453, Channing Bete Company, Inc., 153.36, Medical Supplies; 454, Lab Associates, 90.00, X-rays; 455, Stillwater Typewriter, 68.17, Copier maintenance; 456, OK Natural Gas, 95.60, Gas bill for Ponca Office; 457, AT&T Long Distance, 60.25, Long distance; 458, AT&T Long Distance, 127.62, Long distance; Highway: 2153, Dub Ross Co. Inc., 2312.40, Pipe


               2008-2009 EMA: 3, AT&T, 65.02, Phone bill; 4, Bonewell, Dennis, 98.51, Lodging for meeting;

               General: 188, Houser Hardware, 344.42, Blanket; 189, Ponca City News, 684.15, Blanket; 190, Page Plus Inc., 163.50, Blanket; 191, Eastman National Bank, 487.46, Lease Purchase Payment; 192, USPS Disbursing Officer, 4300.00, Lease payment; 193, Canadian County Juvenile Center, 598.61, Juvenile Detention; 194, Sac & Fox Juvenile Detention, 633.30, Juvenile Detention; 195, Oklahoma Natural Gas, 165.35, Billing; 196, Clearwater Enterprises, 822.90, Billing; 197, Tom E. Cusick, 1000.00, Contract Labor; 198, Jones, Donald, 1500.00, Contract Labor; 199, Tonkawa News, 25.00, Subscription renewal; 200, Newkirk Herald Journal, 123.38, Publication; 201, State Auditor & Inspector, 16894.53, Audit Expense; 202, Kay Office Equipment, 150.34, Maint. agree. for copier; 203, AT&T, 130.04, Phone bill; 204, AT&T, 99.66, Phone bill; 205, ACCO-SIG, 90537.00, Insurance Premiums; Health: 7, Moore Medical Corp., 153.36, Medical Supplies; 8, Southwest Business Products, 25.49, Labels; 9, Parker Pest Control, 178.00, Quarterly maint.; 10, Southwest Business Products, 38.85, Labels; 11, Lithonia Batteries, 24.95, Battery; 12, Bank Of The West, 7960.13, Loan Payment; 13, ANCO Services, 1975.00, JANITORIAL SERVICE; 14, Becky Wolfe, 88.20, Contractual Services; 15, Blackwell Journal Tribune, 72.00, Subscription renewal; Highway: 104, Blackwell Equipment, 299.31, Blanket; 105, Circuit Engineering District #8, 360.00, Signs; 106, J D Enterprises, 3127.38, Repairs; 107, Biltmore Hotel, 67.00, Lodging For ACCO; 108, Dub Ross Co. Inc., 2013.00, Pipe; 109, 7 Mile Mine LLC, 6235.06, Crusher Run; 110, Southwest Business Products, 162.09, OFFICE SUPPLIES; 111, Power Plan, 3620.08, Parts; 112, Northwest Radiator, 1944.00, PARTS AND LABOR; 113, Filter Care Of Missouri, 121.50, Filter Service; 114, Blackwell Coop, 178.13, Herbicide; 115, Mikes Equipment Repair Co, 1047.50, Parts; 116, Cross Oil, 3719.52, Unleaded gas; 117, McDonald Tire Service, 206.00, Tire repairs; 118, AT&T, 116.09, Telephone Service; 119, Cross Oil, 31014.56, Diesel Fuel; 120, Budget Pest

               Control, 41.00, Quarterly maint.; 121, OK Natural Gas, 83.17, Gas service; 122, AT&T, 78.22, Telephone Service; 123, City of Blackwell, 311.14, Electric & Water Usage; 124, Centerpoint Energy Arkla, 67.11, Gas bill; 125, AllTel, 57.41, Billing; Jail Cash Fund: 6, Health Professionals, 12253.23, Blanket; 7, Great America Leasing Corp., 343.07, Blanket; 8, Southwest Business

               Products, 256.85, Blanket; 9, Walmart Community, 559.93, Misc Supplies; Lien Fee: 5, Southwest Business Products, 113.90, OFFICE SUPPLIES; 6, Stillwater Typewriter, 300.99, Maint. agree. for copier; 7, Blackwell Journal Tribune, 93.00, Subscription renewal; 8, AT&T, 134.02, Phone bill;

               PBA: 1, Clemons, Jane, 650.00, JANITORIAL SERVICE; Serv.Fee: 13, Lam Communications, 1515.00, Antenna





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 (10:30 a.m.).  Motion carried:  Schieber, aye; Austin, aye; Wilson, aye.















Approved this 4th day of August, 2008.