DA's Office Cites Law to County Commissioners
A move by Delaware County Commissioners Monday to hire an Oklahoma City law firm which specializes in legal consultation for setting up a TIF (tax increment financing) district was averted on the advice of the District Attorney's office.
Nick Lelecas, assistant district attorney for Delaware and Ottawa counties, asked that the matter be no actioned, citing State Statute 62-855 which first requires the governing body to appoint a review committee to review and make a recommendation concerning the proposed district.
The committee is required to be made up of a representative of the governing body, who serves as chairperson; a representative of the planning commission; a representative of each taxing district whose ad valorem taxes might be impacted; and three members of the public at large to be selected by the other committee members from a list of seven names submitted by the chairperson.
All meetings of the review committee would be subject to the Open Meetings Act and Executive Sessions could be held if necessary. At least two public meetings would be held, under the act.
In attendance at the meeting were Grove City Manager Bruce Johnson and Mayor Gary Bishop. Johnson told the commissioners that he had previous experience at setting up a TIF district and could offer advice if requested. Commissioner Ken Crowder said "we just wanted to look into it." Commissioner Dave Kendrick said phase One of the law firm's study would cost $25,000. One source said that Peter Boylan, who is developing the Peninsula Resort on Monkey Island, had suggested hiring the Center for Economic Development Law in Oklahoma City to develop the plan. Johnson said the key was "would the project happen with, or without, the TIF?" Kendrick said that Boylan would pay for the study if the project were not advanced.
A TIF district in Oklahoma City that helped finance the Bricktown development went to a vote of the people, Janet Warford-Perry, told the group, and she cited the Great Plains Airline debacle in Tulsa as one that did not go to a vote of the people.
The law firm cited several economic development projects in Oklahoma utilizing tax increment financing, including the OU Health Science Center, the Oklahoma Health Center Economic Development Project, Oklahoma City's Downtown Central Business District Redevelopment Program, and the Oklahoma City MAPS project downtown, the OU Campus Corner project, Shawnee Downtown Revitalization Project, and economic development projects in Guymon and Durant.
Nick Lelecas, assistant district attorney for Delaware and Ottawa counties, asked that the matter be no actioned, citing State Statute 62-855 which first requires the governing body to appoint a review committee to review and make a recommendation concerning the proposed district.
The committee is required to be made up of a representative of the governing body, who serves as chairperson; a representative of the planning commission; a representative of each taxing district whose ad valorem taxes might be impacted; and three members of the public at large to be selected by the other committee members from a list of seven names submitted by the chairperson.
All meetings of the review committee would be subject to the Open Meetings Act and Executive Sessions could be held if necessary. At least two public meetings would be held, under the act.
In attendance at the meeting were Grove City Manager Bruce Johnson and Mayor Gary Bishop. Johnson told the commissioners that he had previous experience at setting up a TIF district and could offer advice if requested. Commissioner Ken Crowder said "we just wanted to look into it." Commissioner Dave Kendrick said phase One of the law firm's study would cost $25,000. One source said that Peter Boylan, who is developing the Peninsula Resort on Monkey Island, had suggested hiring the Center for Economic Development Law in Oklahoma City to develop the plan. Johnson said the key was "would the project happen with, or without, the TIF?" Kendrick said that Boylan would pay for the study if the project were not advanced.
A TIF district in Oklahoma City that helped finance the Bricktown development went to a vote of the people, Janet Warford-Perry, told the group, and she cited the Great Plains Airline debacle in Tulsa as one that did not go to a vote of the people.
The law firm cited several economic development projects in Oklahoma utilizing tax increment financing, including the OU Health Science Center, the Oklahoma Health Center Economic Development Project, Oklahoma City's Downtown Central Business District Redevelopment Program, and the Oklahoma City MAPS project downtown, the OU Campus Corner project, Shawnee Downtown Revitalization Project, and economic development projects in Guymon and Durant.
Labels: County Commissioners
posted by Editor | 2:00 AM
3 Comments:
According to the Grove Sun Daily's reporter Grove's Mayor Bishop and New City Manager Bruce Johnson went to the County Commissioners meeting to offer their assistance in setting up a TIF Ditrict. They had better use of their time if they had placed a phone call to the Asst. District Attorney. Mr. Johnson's experience in these matters has been limited to a small section of downtown Dewey. Hardly a professional adviser.
Actually, the Mayor and CM went to the meeting to find out the facts and if necessary, speak against the commissioner's proposal to hire the OKC law firm, we believe.
Kind of like the government saying "Hi, we're here to help you."
It is no wonder common folks avoid serving in volunteer Public positions. The hoops to jump through are to many and restrictive. The open meetings rules, at times, prevent members from doing the right thing in a timeframe that is advantageous. Just imagine that you are a member of a 3-party Board. You can't even talk to either of the other 2 members without beding accused of breaking the law. However, it is the law. What a web we weave.
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