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2019-02-14 Meeting Minutes

Click here for a printable version of February 14, 2019 Commissioner's Meeting Minutes.

February 14, 2019
The Board of County Commissioners of Creek County (BOCC) met in Special Session jointly with the Creek County Public Facilities Authority on Thursday, February 14, 2019 at 1:30 p.rn., date and time duly posted.
Item #1: Meeting was called to order at 1:31 p.rn. by Chairman, Leon Warner. Roll Call Warner present, Stephens present, and Whitehouse present.
Item #2: Statement of compliance with open meeting act-Chairman.
Item #3: Commissioner Warner led the Pledge of Allegiance and Stephens Invocation.
Item #4: Motion was made by Whitehouse and seconded by Warner to transfer money held in Trust by the County in the CTA2 account for the rent of the old funeral home property located at 316 E. Lee Avenue, Sapulpa per request of the Public Facilities Authority. Stephens stated that this is setting in an account at the county that is truly trust funds. We have to move it over to the trust per the auditor's. The trust can put it with the current rent account located at Spirit Bank. Debbie Moss, Spirit Bank stated that they could comply with the collateralization of the funds as well. Vote as follows: Warner - Aye, Stephens - Abstained, Whitehouse - Aye.
Item #5: DISCUSSION ONLY/NO ACTION to lease the Creek County jail facility and real property to Creek County for a term of years and monthly rental fee to be established and determined. The trust made a motion to table this item to an undetermined future date.
Item #6: Motion was made by Warner and seconded by Whitehouse to move the Trust Depository from the Creek County Treasurer's Office to Trust bank accounts, and enter into an agreement with the County for a monthly transfer of Trust Funds to those accounts. Stephens presented the Trust with an agreement that had been drafted by Keith Harn and Andrew Goforth. This restates the 10% on the CJMS and JJCS, I don't know why we didn't have anything, but we will within the document if the Trust approves. We have to have an agreement per the Auditor. We have been doing this all along, if the Board chooses you can strike throughout the document if need be. The Trust questioned the agreement and asked if this is the monetary side of the lease. Goforth stated that there will be an operating lease drafted for the Jail and Juvenile Justice still to come. Goforth stated the percentage can be changed if the board chooses to change it. There was discussion of the lowering the percentage and who then would be responsible to make necessary repairs. Bret Bowling stated he would like to remind the Trust that a resolution was signed by the Trust in 2005 where the whole 1/3 cent went to the Sheriff. The Trust discussed a triple net lease would be the way to go with the county, so that the county would be responsible for all repairs. Warner stated the issue comes down to the county cannot hold money for the trust anymore per the auditor it has to be moved to the trust. The Auditors are the ones that suggested we call it rent if the trust chooses to keep a percentage. There was further discussion of the agreement. Jana Thomas asked Goforth what the process would be for repairs on a public building, since funds are now trust funds. Do you still follow Title 61, Goforth stated sometimes we will. How it is currently the issues will need to be addressed and approved by the trust until something changes. Warner stated to the trust that we will direct the funds per paragraph 3 and the funds have to be spent pursuant to the sales tax agreement. We will move the money and that then will reclassify the money, it must be sent on jail m & o (maintenance and operations). There was further discussion of CJMS, JJCS, CI4 and CTA2 that are moving from the county to the trust to be deposited in Spirit Bank. Spirit Bank then will work with BOK for the bond payments to be done through ACH by the trust. Vote as follows: Warner - Aye, Stephens - Abstained, Whitehouse - Aye.
Public Comment: NONE
Adjournment: Motion was made by Warner and seconded by Whitehouse at 3:14 p.m. to adjourn. Vote as follows: Warner - Aye, Stephens - Aye,
Whitehouse - Aye.