Commissioners say no to additional jail cells

Wednesday, March 1, 2017

Bourbon County Commissioners on Tuesday voted unanimously to not add 16 beds to the Bourbon County Law Enforcement Center project.

The decision was made after hearing comments from Sheriff Bill Martin, his staff, members of the public and receiving financial information from County Treasurer Rhonda Dunn.

Martin requested the 16 additional beds be included in the project now instead of in the future. He has said adding the cells later would cost more as a wall and a portion of the roof would have to be removed to install the additional cells. He also said the cost of the cells will continue to increase.

Project Manager Gary Walker with Universal Construction provided commissioners with a $389,040 change order for the additional cells. Commission Chair Lynne Oharah said the commissioners had not asked for the change order.

Before calling for a motion, Oharah asked commissioners if they wanted to share any more thoughts.

"Bill, I admire your leadership," Second District Commissioner Jeff Fischer said. "I think we need a new jail. I know you've taken a lot of heat. It's nice now we can drive around the corner and see the fruits of your labor. Thank you."

Oharah then made a motion to not approve the additional eight pods for the total amount of $389,040 submitted on Feb. 17 by Universal Construction.

Before the vote was taken, Third District Commissioner Nick Ruhl said he would like to consider adding the 16 beds.

"For the simple fact, we're heating and cooling, we've got the space there, it's just better sense in my brain to do it now than to do it five years," Ruhl said. "That's the only comment I've got."

Oharah said even if the cost of cells increases, the county could pay cash for the additional cells by housing inmates in the empty beds it will have after the new jail opens.

Southeast Regional Correctional Center Major Bobby Reed said the county's jail population on Tuesday was 48. Without the additional beds, the new facility will have 74 beds.

"And that was my next deal for Bill," Ruhl said. "If we've got the extra space to farm out 10 beds, take that money, put it aside and pay cash for these cells. Save your money and you come up to me in two years and say, 'I've got cash in my hands to put these beds in.' And I'm going to tell you to do it."

"Then the question is the remodeling of the courthouse or the north side of the building, that should be put on hold," Martin said. "Because how am I going to do that (add cells later) with the excess revenue from the sales tax, how am I going to reach that goal, then?"

Oharah said that is not true and Ruhl said he would like to see a separate account established for revenue generated from outside inmates. County Treasurer Rhonda Dunn said there are different revenue streams. She and Oharah said one fund could be established for surplus from the .4 percent retail sales tax, the other would be from housing inmates from out of county entities.

Dunn also recommended moving the sheriff's money into its own fund, just as road and bridge has its own fund.

"Then he would have a surplus in that fund, or God forbid a shortage, then he should see the profit in his fund," Dunn said. "Then that, to me, should be set aside as a reserve, like we do for the appraiser or anybody else, to be managed by the commission."

She said the reserve would also cover any increases in expenses such as employee benefits or salary.

"It would all be in his (Martin) fund and he can live or die by it," Dunn said. "If he can save money -- and he does that now, he's good at it -- he's got it. If he's short, he's in trouble. But it would fund his operation, sheriff and jail."

Resident Brian Wade said he hopes the sheriff would not "over budget."

He and Denis Downing of Fort Scott spoke against the additional cells and asked commissioners to not spend any additional money.

Sales tax revenue

Dunn said additional cells would not have cost tax payers any additional money because the voters had approved a .4 percent increase.

The ballot language states the additional sales tax would be "for the purpose of paying all costs necessary to construct, furnish and operate a new jail facility and related improvements in the county, including renovations to the existing courthouse and other county buildings (collectively, the 'Jail Improvements')."