Plans for a new Oklahoma County jail at 1901 E Grand Blvd. are still alive, starting with construction of a separate mental and behavioral health center worth more than $40 million, after county commissioners voted Friday to initiate mediation in their lawsuit against the city and assert its jurisdiction to do this against the wishes of the city.
The surprise move came after behind-the-scenes wrangling since Tuesday, when the Board of County Commissioners declared the health center all but dead because the city’s offer to mediate was too late for the first of the year. province. to use nearly $40 million in ARPA money.
It also came after a parade of opponents begged the commissioners to abandon the plans and instead distribute the money, from the American Rescue Plan Act, to county cities and nonprofits, as the commissioners said they would, in instead of returning the $40 million to the federal government.
The deadline for committing ARPA funds is December 31. Commissioners have tabled this move twice, hoping for a last-minute deal with the city.
State Attorney General Gentner Drummond wrote in an advisory “letter of counsel” to the county that it will likely win its case, and “should enjoy immunity” for ignoring city zoning and pursuing a new jail over the City Council’s objections of Oklahoma.
In response to a question from The Oklahoman, OKC Mayor David Holt said in a written statement: “A mediation is scheduled for next week, and the council will have elected representation present. The council looks forward to the conversation and is very hopeful. will be productive.”
More: OK County: $40 million jail health center left for dead because OKC council won’t budge
OK County has a contract in hand to build a jail health center
Oklahoma City Mayor David Holt, during the State of the City address in July, stated that he is “hopeful” mediation with Oklahoma County will be productive.
On Friday, commissioners agreed to accept a recommendation from the County Citizens Bond Oversight Advisory Board to approve a contract with Flintco Construction to build the care center for a guaranteed maximum price of $44 million. They didn’t vote to approve it.
“We have to build this,” said Steve Mason, chairman of the advisory board. “We all have neighbors, we all have friends with mental health issues. This is important to improving the mental health of this province.”
Later, after an extended hearing, commissioners agreed to mediation with the city on Dec. 23. District Attorney Vicki Behenna’s office is representing the county in the lawsuit, and the city attorney’s office is representing the city. A preparatory conference is planned for January 23.
The commissioners appointed District 3 Commissioner Myles Davidson to represent the county in the out-of-court negotiations, with certain parameters.
“In keeping with the county’s good faith throughout this process,” Davidson said, “we are going to accept the city’s request, and I thank them for agreeing to mediate with us and try to come up with a resolution to this.
“In that same good faith effort, I think it’s ideal to tell them what we’re reaching mediation for, and for everyone to know.”
More: AG Drummond: OK County Should Be Immune From Overriding OKC Zoning Ordinance To Build New Jail
OK County Commissioner Myles Davidson outlines the county’s position on mediation with Oklahoma City
Davidson outlined the commissioners’ position:
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“The province has spent $21 million on the current site, through engineering and everything else, and … we cannot enter into mediation on another location. We will enter into that as long as another location is not discussed .”
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“Mediation is contingent on the city coming to the table with full settlement authority, so that any settlement agreement reached that day is binding upon signing. We will do the same.”
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“The county wants the city to accept the special permit as recommended by the Planning Commission, to the extent permitted by law.”
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“The province is entering into mediation with the intention of building a bus stop on site if they agree to operate and manage that bus site.”
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“Finally, we have invested the district attorney’s time, effort and money and we want the city to step in and pay our legal costs. That’s a nominal, typical thing that’s asked in court cases.”
OK County Commission Chairman Brian Maughan: Vacation mediation is the county’s latest act to save the jail’s health center
Mediation is a “last ditch effort to save the mental health facility,” said Commission Chairman Brian Maughan, who represents District 2. ‘I see this as the only option with the approaching New Year’s Eve deadline.
“The council is expected to meet before the end of the year, so this is possible thanks to their coming together for mediation on Christmas Eve.”
Del City Mayor Floyd Eason attacks OK County commissioners
Del City Manager J.D. Hock, right, shakes hands with Del City Mayor Floyd Eason following a vote on a jail site by the Oklahoma City Council.
Longtime critics of the commissioners, their plans to build a new jail at 1901 E Grand, five miles east of downtown, and the Oklahoma County Criminal Justice Authority, which operates the current downtown jail, took turns trying to to change your mind.
Del City Mayor Floyd Eason complained that because the jail’s health center would not be open to the public, it would not serve the general public. Del City could use the ARPA money to repair or replace its water treatment plant, and Midwest City also has infrastructure needs that could be met, he said.
“I’m asking the commissioners, don’t waste this money by holding it back for a facility you can’t even afford to build,” Eason said, adding that more than a few Del City residents have told him they would move . if the prison complex is built at nearby 1901 E Grand.
The estimated cost of a new prison has risen to more than $700 million since voters approved a $260 million bond issue to pay for it. By separating the health center from the jail itself, the county can use ARPA funds to offset the impact of inflation. And the province is considering $450 million in loans.
‘We’re going to fight this. We will continue to fight this. We will not stop fighting, and I am here to tell you that Del City, and Midwest City who support us, are completely against it. this construction contract,” Eason said.
More: Three Democrats, including one independent, are running for District 1 Oklahoma County Commissioner
Del City Council member Scott Tatom says OK County has been granted a permit to build the current jail, and that should follow precedent
Scott Tatom pulls a sign from his car as a group tries to collect signatures for a petition for a grand jury investigation into Oklahoma County Commissioner Myles Davidson in Del City in July. On Friday, Tatom, who represents Ward 4 on the Del City Council, took Davidson to task over his claims that the county is a superior sovereign.
Scott Tatom, who represents Ward 4 on the Del City Council, has taken Davidson to task over his claims that the county is a superior sovereign over the city when it comes to maintaining a jail, which is the crux of the claim of the province in its lawsuit. and cited state statutes regarding the authority of cities and counties.
Tatom said that in 1988, when the county was planning for the current jail at 201 N Shartel Ave., they applied for and received a special permit from the city, leaving the county to follow its own precedent.
The Oklahoma Supreme Court, legal experts say, has ruled that a “Superior Sovereign” doctrine exists and that counties are not necessarily subject to municipal zoning laws, but has adopted a balancing of interest test for their implementation.
Del City resident Robert Koon reiterated his complaints that commissioners are ignoring the will of people living in Del City, Midwest City and southeastern Oklahoma City.
“I don’t know how many times we’ve been here to tell you how we feel. You’re not listening to us,” Koon said. “We don’t want that damn prison or any other facility.”
Activist: Prison trial ‘rigged from day one’
Activists Sean Cummings, on stage, Sara Bana and Mark Faulk are shown recently at a news conference in the Board of County Commissioners meeting room at the Oklahoma County Annex in downtown Oklahoma City.
Mark Faulk of the nonprofit People’s Council for Justice Reform reiterated his claims that the siting process has been “rigged from day one” and that turning to private equity firms for a loan leaves taxpayers in trouble because of the poor decisions and management of the supervisory directors. .
“You don’t have the money to build the prison, you don’t have the money to run that prison if you had the money to build it,” Faulk said.
He also condemned other financing options the commissioners said they are considering.
“We will not pass an increase in ad valorem taxes. We will not allow you to pass a sales tax. … Stop trying to shove prison down our throats.”
Sara Bana, a Midwestern City Council member and candidate for District 1 county commissioner, complained that “the county government is corrupt to the core” and that the commissioners are “puppets for millionaires and billionaires and the tycoons who run this state and this country to govern’. district.”
The private equity firms from which the commissioners hope to borrow money are “as dishonest as it gets,” Bana said.
She told the commissioners, “Be representatives, not tyrants.”
Staff Writer Richard Mize covers Oklahoma County government and the city of Edmond. Beginning in 1999, he previously covered housing, commercial real estate and related topics for the newspaper and Oklahoman.com. Contact him at rmize@oklahoman.com.
This article originally appeared on Oklahoman: OKC, Oklahoma County goes to mediation over jail lawsuit
