Officials picked a site for the new Oklahoma County jail, but it may not work out. Here's why

Officials have more work to do before signing off on a location for a facility to replace the long-troubled Oklahoma County jail.

County and Oklahoma City officials said Tuesday they will have to work together to solve several key issues before the new jail can be built just north of Will Rogers World Airport.

Details about those issues and questions they raise began emerging late Monday after the county's Board of County Commissioners selected the 192-acre piece of land as its preferred site for the $300 million project.

At the very least, the issues present potential roadblocks that could force the county to re-evaluate other locations it was offered before it can complete a process it started in late 2021 to replace the existing facility.

The issues — whether the land can be sold or just leased, whether it would make an appropriate jail site and whether the property can be used for a non-aviation purpose — are likely to leave county residents wondering why they were not more thoroughly explored before a selection was made.

But Steve Mason, chairman of Oklahoma County's Citizens Bond Oversight Advisory Board, said Tuesday none of the issues are a surprise and expressed hope progress could be made.

Mason, whose group vetted various offered properties as potential jail locations, equated commissioners' decision Monday to one a homebuyer might make to enter into negotiations to close what could be a complicated deal.

"On Monday, commissioners said it is time to go to the negotiating table and work through these issues," Mason said. "We no longer are just talking. We need to solve these issues and try to get this done."

The need to replace Oklahoma County's jail is acute.

The trust currently operating the jail and sheriffs have dealt with housing and public safety issues involving its staff and detainees since it opened in 1991, including a July health inspection that found bedbugs again and more failures to check on inmates regularly.

A state multicounty grand jury in March called for control of the jail to be returned to the sheriff because of a high number of detainee deaths that happened since the Oklahoma County Criminal Justice Authority began operating it in July 2020.

The jail has had seven inmate deaths so far this year. The last one was in late September.

On Tuesday, Mason stressed Oklahoma City and its airport and city management staffs have "been very helpful and engaged in looking for sites."

"Every informed citizen who cares believes we need a new jail, and the city understands that, too," he said.

Oklahoma City land offered through a lease, not a sale

The land, bordered by Newcastle Road on the north, MacArthur Boulevard on the west, SW 54 on the south and the airport's rental car return center on the east, is owned by the city of Oklahoma City and managed by the Oklahoma City Airport Trust.

Jeff Mulder, Oklahoma City's director of airports, told The Oklahoman on Tuesday the property was offered to Oklahoma County as one of two locations the airport trust would be willing to lease — not sell outright — "at a market rate" as potential locations for a new jail.

In 2018, Oklahoma City's airport trust leased 69 acres of land with direct access to the airport for about a quarter-million dollars annually to FC Oklahoma City OK Landlord LLC, which listed Amazon.com Services Inc. as a sublessee.

Amazon built a fulfillment center at the site. The $246,039.26 annual lease payment to Oklahoma City worked out to about 8 cents per square foot, a review of public records showed at the time.

While it's somewhat likely the market rate for the land in question would be less (no direct airport access is needed), negotiations to reach a mutually acceptable lease rate would be a top priority. Changes in land value also would have to be considered.

"I had offered it for lease for a couple of reasons," Mulder said.

First, Mulder said a lease would allow the airport trust to retain ultimate control over how the property is used.

Second, "that's kind of our business model because that's how we generate revenue," said Mulder. "We haven't appraised it yet, but it (the lease amount) would be at market rate."

Is a jail appropriate for that location?

The airport trust offered the two locations near the airport because it was thought at the time that placing a jail there might be compatible with surrounding uses, Mulder explained Tuesday.

However, a closer review of current zoning language conducted after the offers were made showed using either property as a site for a jail presents concerns, Mulder said.

The property the county selected is just north of the Will Rogers Air National Guard base and tarmac space on the airport's northwest quadrant. An aviation-related school operated by Metro Tech is located nearby.

"I always try to provide options, so I offered those up as potentials, but with the caveats that I would still want to evaluate all the requirements ... and the zoning compatibility," Mulder said. "So, I was just trying to give options as opposed to saying no. That's why I took that approach.

"It wasn't black and white, but looking at it now, my concern is it wouldn't comply, and I have made them aware of that," Mulder said.

Needed environmental study could jeopardize choice

Another potential issue that could force the county to reevaluate its selection is that the Federal Aviation Administration will require Oklahoma City's airport trust to conduct an environmental study on the property to determine whether or not it can be redeveloped for non-aviation uses.

The study is required because the city acquired the land using money provided by the federal agency.

An environmental assessment could take as long as a year to complete and cost the airport trust several hundred thousand dollars, Mulder said.

The study requirement also could create timing issues for the county, given it faces deadlines to use $40 million in federal funds to build a mental health facility as part of a new jail. The money must be returned to the federal government if timing requirements aren't met.

"We have quite a ways to go here," Mulder said.

Commissioner: County seeks quick resolutions to potential obstacles

The county needs to work quickly to evaluate Mulder's issues and meetings are pending, Brian Maughan, chairman of the Oklahoma County Board of County Commissioners, told The Oklahoman on Tuesday.

Commissioners want to negotiate to address Mulder's concerns, he said.

"We are serious and want to pursue learning whether or not we can make this work," Maughan said. "Ultimately at the end of the day, either they or we could say no.

"If that happens, we will be back to Square One," he said.

This article originally appeared on Oklahoman: Airports director questions whether land near Will Rogers works for jail