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2019-09-23 Meeting Minutes

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September 23, 2019
The Board of County Commissioners of Creek County {BOCC) met in Regular Session on Monday, September 23, 2019 at 9:00 a.m., date and time duly posted.
Item #1: Meeting was called to order at 9:00 a.m. by Chairman, Leon Warner. Roll Call Warner present, Stephens present, and Whitehouse present.
Item #2: Statement of compliance with open meetings act-Chairman.
Item #3: Commissioner Warner led the Pledge of Allegiance and Stephens Invocation.
Item #4: Motion was made by Stephens and seconded by Whitehouse to approve the minutes of September 16, 2019 with changes to Item#9. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #5: Motion was made by Stephens and seconded by Warner to approve August Monthly Reports from County Clerk; Transfers $100.00 from 001-1-0800-4110 Cap Outlay Commissioners FY2019-2020 to 001-1-0800-2005 M&O Commissioners FY2020; $60.00 from 001-1-2300-1222 Gen Gov't Insurance Commissioners FY2019-2020 to 001-1-1400-1110 Court Clerk Salary Court Clerk FY2020; $2,500.00 from 001-1-2000-6310 Metro Planning/INCOG-COEDD Commissioners FY2019-2020 to 001-1-2000-6010 City of Sapulpa Commissioners FY2020; Blanket Purchase Orders #1904 - 1972; Purchase Orders # 2018- 2019 HIGHWAY First Aid Supplies 6037 CINTAS CORPORATION NO 2169.00; 2019-2020 911 Phone SERVICE 1758 VERIZON CONNECT NWF,INC 89.34; 1815 AT & T 2235.96; 1833 AT & T 273.19; CBRI Materials 1135 ANCHOR STONE 4188.52; SERVICE 73 GUY ENGINEERING 247.84; Crt Clk Revolving JANITORIAL 13 BENNETT, SHERRY A. 500.00; LEASE 11 PITNEY BOWES INC 961.95; 12 XEROX CORP 623.04; Drug Court SALARY 1746 DISTRICT ATTORNEYS COUNCIL #24 15000.00; Emergency Mgmt Tag 1828 SAPULPA TAG OFFICE 142.00; 1829 SAPULPA TAG OFFICE 33.75; General COPIER CHARGES 733 Standley Systems 81.00; CREMATION 340 GREEN HILL FUNERAL HOME 185.00; 373 GREEN HILL FUNERAL HOME 185.00; 781 GREEN HILL FUNERAL HOME 185.00; 810 GREEN HILL FUNERAL HOME 185.00; 1371 GREEN HILL FUNERAL HOME 185.00; 1612 GREEN HILL FUNERAL HOME 185.00; 1702 GREEN HILL FUNERAL HOME 185.00; 1716 GREEN HILL FUNERAL HOME 185.00; JANITORIAL 1520 Siler, Melissa 59.84; 1597 ALLIANCE MAINTENANCE 215.00; Parts & Labor 124 Raby Plumbing 150.00; PEST CONTROL 1351 EMCO TERMITE/PEST CONTROL INC 300.00; POSTAGE METER RENTAL 37 NeoposUNeofunds 111.99; SERVICE 1245 VERIZON CONNECT NWF, INC 18.95; 1249 THOMSON-WEST 170.00; 1761 VERIZON CONNECT NWF,INC 1663.94; 1842 AT & T 76.49; 1843 AT & T 111.56; Supplies 1629 Amazon Capital Services 33.97; 1755 Merrifield Office Supplies 31.05; Utilities 1888 0 NG 275.20; WEB DOMAIN 1889 Brooks Jeffrey Marketing Inc 300.00; Health Medical 927 Xpress Wellness Urgent Care 240.00; PEST CONTROL 925 BUG-A-WAY INC 595.00; 1649 BUG-A-WAY INC 95.00; POSTAGE MACHINE FEE 525 Pitney Bowes Inc 71.25; REGISTRATION 793 MYERS, RITA 60.00; 1104 PUBLIC HEALTH INSTITUTE OF OKLA 90.00; Repairs 1736 Raby Plumbing 285.00; SERVICE 500, VIP Voice Services 834.65; 516 Green Country Shredding & Recycling 80.00; 799 Mold Busters 2430.00; 1300 ALERT 360 105.15; SUBSCRIPTION 1814 SAPULPA DAILY HERALD 69.00; Supplies 1069 McKESSON 436.49; 1288 Merrifield Office Supplies 474.52; 1723 ALL MAINTENANCE SUPPLY 54.75; 1839 Merrifield Office Supplies 365.55; TRAVEL 541 Heath, Patricia 23.50; 544 Watson, Robyn 110.00; Utilities 908 0 N G 94.88; 911 0 G & E 66.32; Highway PARTS & SUPPLIES 1406 JOHN DEERE FINANCIAL 165.53; PIKE PASS FEE 213 OTA PIKEPASS CENTER 18.20; SERVICE 1407 AT & T 245.86; 1530 AT & T 191.86; 1841 AT & T 53.80; Shirts 1403 Witty Ideas 397.00; Supplies 280 Heritage Crystal Clean LLC 339.09; 1405 TULSA CLEANING SYSTEMS 242.28; UNIFORM SERVICE 857 UniFirst Holdings Inc 1126.95; Utilities 1546 0 G & E 38. 70; Hwy-ST ASPHALT 1304 DUNHAM ASPHALT SERVICE INC 17283.89; 1631 DUNHAM ASPHALT SERVICE INC 1530.05; 1666 DUNHAM ASPHALT SERVICE INC 14682.54; EMULSIONS 936 ERGON A & E INC 1081.50; Labor & Materials 847 Sellers Tire Inc 160.00; Maintenance 1593 SIGNALTEK 30.00; OIL 1730 Commercial Distributing, Inc 1502.84; Parts & Labor 1124 P & K EQUIPMENT INC 2058.53; Parts & Service 846 P&K EQUIPMENT 948.81; PARTS & SUPPLIES 72 BRUCKNERS 228.05; 243 DRUMRIGHT TIRE 304.50; 933 DRUMRIGHT TIRE 389.50; PIKE PASS FEE 946 OTA PIKEPASS CENTER 9.60; SERVICE & SUPPLIES 1567 UniFirst Holdings Inc 241.65; SIGNS 111 TULSA COUNTY HIGHWAY CONSTRUCTION SIGNS 608.00; TESTING 951 TotalSIR 34.50; TIRES 1729 Direct Discount Tire 843.48; Utilities 942 0 G & E 571.53; Jail-ST Parts & Labor 618 Hagar Restaurant Service 479.25; 1688I-CARE BOBY WORKS 104.05; SERVICE 1454 Brooks Jeffrey Marketing Inc 245.00; 1759 VERIZON CONNECT NWF,INC 402.03; Supplies 1698 Merrifield Office Supplies 844.17; Utilities 1803 0 G & E 6409.68; 1837 0 NG 171.47; Juv Dent-ST FLAGS 1418 LIBERTY FLAGS 145.95; SERVICE 1756 COX COMMUNICATIONS 1625.01; 1757 VERIZON CONNECT NWF,INC 89.34; Supplies 1627 Merrifield Office Supplies 75.45; Planning/Zoning COPIER CHARGES 1387 Standley Systems 178.58; POSTAGE 1838 POSTMASTER 201.00; Resale SERVICE 704 AT & T 41.23; SH Commissary Commissary items 1818 TIGER CORRECTIONAL 1776.75; 1819 TIGER CORRECTIONAL 976.77; Use-ST TRACTOR 1752 MHC Kenworth-Tulsa 118000.00; 1753 MHC Kenworth-Tulsa 236000.00; 1754 MHC Kenworth-Tulsa 236000.00. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #6: NO DISCUSSION of new business. (In accordance with the Open Meetings Act, Title 25 O.S. §311(A) (9), new business defined as any matter not known about or which could not have been reasonably foreseen within 24 hours of this meeting.
Item #7: Motion was made by Stephens and seconded by Whitehouse to approve Resolution#2019-103 rezoning CCZ-1992-CRA Holdings per recommendations of CCPC. Rezoning from A-Agricultural District to a C Commercial District to allow a commercial parking lot for employees. Property located at 6212 S. 49th W. Avenue and 6302 S. 49th W. Avenue in Tulsa. Wendy Murray, Planner stated· that this is for MHC Kenworth-Tulsa to allow parking for their growing employee amount. It will have asphalt parking lot with sidewalks, shrubbery and no trucks will be parked in lot. The staff recommended approval. Applicant is present. Stephens stated that it is going to be a nice parking lot; there is a mixture of homes and businesses within the 49th corridor. Applicant stated they currently have 126 employees. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #8: Motion was made by Whitehouse and seconded by Stephens to approve Resolution #2019-104 rezoning request CCZ-1990 and lot split CCLS- 2620-Russell Ricks per recommendations of CCPC. Rezoning from A-Agricultural District to C-Commercial District to allow lot split and dispensary. Rezoning Tract 1 from A-1 General Agricultural to C-Commercial District containing 1 acre more or less. Tract 2 will remain A-Agricultural District containing 10.69 acres more or less. Both tracts will meet all requirements. Propertylocated at 4245 S. HWY 48 in Mannford. Wendy Murray, Planner stated that this item had been continued from July. The dispensary will have a camera system, 24/7 recording. Security and other cameras are to come. The business will have a small inventory until the need increases. They will be open 7 days a week M-S 10 a.m. - 8 p. m. and Sun from 1 p.m. to 6 p.m. All state laws will be followed. Murray stated they did receive some concerns from residents worried about the smell, security and the fence. Warner reviewed the regulations of the commercial district. There was discussion of the fence being required to be 7' tall with screening. Applicant currently has a 5' tall fence and will get with the contractor to get this into compliance with the requirements for commercial district. Resident J. D Woods Jr. asked about the acres being rezoned. Applicant was present. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #9: Motion was made by Stephens and seconded by Whitehouse to approve Resolution #2019-105 rezoning CCZ-1991 and lot split CCLS-2631-Country Investments per recommendations of CCPC. Rezoning Tract A from A-Agricultural District to LR-Light Residential District containing 2.87 acres more or less. Tract B will remain A-Agricultural containing 2.51 acres more or less. Murray stated both tracts will meet all requirements and they are not located in a flood zone. Both tracts are designated on the Future Land Use map as agricultural and residential. Mike Mason stated to the Board that the property was once a junk yard and has been cleaned up. We have remodeled two houses that have sold and want to reserve the 2.5 acres for future use. We will be building three brand new homes on tract A. Applicant was present. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #10: Motion was made by Stephens and seconded by Whitehouse to pass for 1 week until September 30, 2019 as requested by Nathalie Cornett, Attorney with Eller & Detrich on discussion and possible action to consider rezoning case CCZ-1988 and CCLS-2617: applicants, Lester and Mary Yocham, request approval of rezoning from agricultural district to commercial district to allow a repair shop located at 17543 S. 273 rd West Avenue in Bristow. Yocham's Attorney requested that the item be passed for a week, so that counsel could be present and give time for all residents to address their concerns. Warner asked if anyone had concerns that they would like to speak about today. J.D. Woods Jr., Ed Beaver, Don Bowman, and Sandra Carroll were a few neighbors that voiced concerns from the amount of acres that is being rezoned to commercial, dust issues, increased traffic, business plan, and exposure of fluids, dirt pit and the issues that would bring to the road and bridge with the heavy equipment traveling in and out. Warner asked Cornett if their client had expressed any desire for a dirt pit/mining at this location, Cornett stated not at this location. Warner asked counsel present if they had considered asking for a variance instead of rezoning. Warner encouraged counsel to meet with the Planning Office to go over the variance with a special exception, it would elevate some of the concerns that the residents have. We would need to have a decision by Wednesday, September 25, 2019 on the variance. Stephens asked if this would create a hardship on the residents to come back next week to hear item. Most residents stated they would just have to rework their schedules. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #11: Motion was made by Stephens and seconded by Whitehouse to approve Resolution#2019-106 rezoning CCZ-1993-Leticia Acosta per recommendations of CCPC. Rezoning from L-Light Residential District to Manufactured Home District to allow a manufactured home. Property located at 6211 S. 44th W. Avenue, Tulsa. Wendy Murray, Planner stated that there are other mobiles in the area and the property will meet all requirements. Ms. Acosta has really cleaned up the lot and it looks nice. Applicant was present and spoke to the Board; I will continue to do more cleaning. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #12: Motion was made by Whitehouse and seconded by Stephens to approve Resolution #2019-107 rezoning CCZ-1994 and lot split CCLS-2638-Old Door Investments per recommendations of CCPC. Rezoning Tract 1 from Agricultural District to Light Residential containing 0. 96 acres more or less. Tract 2 from Agricultural District to Light Residential containing 1. 55 acres more or less. Property located at 8456 W. 61st Street S. Tulsa. Wendy Murray, Planner spoke to the Board applicant lives on one side of the 2.5 acres. There is a creek that runs through the property. The property will meet all requirements and is not located in a flood zone. The property is designated on the Future Land Use Map. There are very nice homes throughout the area and the applicant wants to add the 0. 96 acres to their land they already own to be a buffer. The 1.55 acres located on W. 61 st Applicant plans on building a house and selling it. Resident Dwight Bock spoke to the Board with concerns of the area being located in a flood zone. After conversations with Murray and Applicant Bock is in favor of approval. There was discussion of the E. side not being able to contain a mobile home. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #13: Motion was made by Stephens and seconded by Whitehouse to award Bid#20-5 3 Month Bridge and HWY Materials as designated per district. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #14: Motion was made by Stephens and seconded by Whitehouse to award project #CO-80-8/13/19 Maintenance Shed for Creek County to Mooney's Construction and Renovation per recommendations of Paul Farris, Project Manager for $38,500.00, as per Title 61 O.S. § 101-138. Farris stated that the building had sustained damage from the tornado and we are going to replace building with a new one. We have had a pre-bid meeting where three contractors attended. Warner and Stephens asked Farris if he is comfortable with the bidders and if the bids seem reasonable. Farris stated he is comfortable with either and that it is within the price range he figured. Warner asked Jana Thomas, Purchasing Agent if she had concerns with the quotes. Thomas stated no, there was discussion of milestone payments and the process being approved through the BOCC. Goforth stated they will need to be an milestone resolution prepared and documentation received. Bids submitted by Mooney's Construction and Renovation and Cherokee Pride Construction Inc. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #15: Motion was made by Whitehouse and seconded by Stephens to sign Resolution #2019-108 installing two stop signs at the intersection of S. 209th W. Avenue and W. 201st Street, with stop signs at the north and south of W. 201st Street in District #3. Whitehouse stated they have had some issues with cars stopping; I have received calls for stop signs to be placed at intersections. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #16: Motion was made by Stephens and seconded by Whitehouse to update the Creek County Employee Drug Policy being effective Nov 1, 2019. Andrew Goforth, Assistant District Attorney stated that this is a solid policy that ACCO recommends. I have reviewed the policy, along with the D.A. Counsel and this would bring the county into compliance with the new laws. This would then affect all employees with safety sensitive job titles. There was discussion of the CDL Drivers already adhering to federal guidelines. This would then be for each elected official to classify which employees have safety sensitive jobs. Stephens stated that it would be like the truck drivers, patch machine workers, mowers, anyone working with various heavy equipment. Tandra McClellan, Payroll Clerk will submit the updated handbook to the elected official, where they will then distribute to the employees. All employees will sign an acknowledgement form and return back to the County Clerk's Office. McClellan will keep track of the employees that have turned in the updated acknowledgement and work with departments on getting every employees signed copy back. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #17: Motion was made by Stephens and seconded by Whitehouse to sign Resolution #2019-109 forming a Safety Committee for Creek County. Andrew Goforth, Assistant District Attorney stated that this is a subcommittee of the BOCC and would be subject to the open meeting/open records laws. They would be a recommending body to the BOCC for any policy changes that they may see beneficial. We may need to look at an operating policy with by laws in the future. All meeting would be on a monthly basis and would be special meetings until next year. All volunteers are lined out with terms with the resolution. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #18: Motion was made by Stephens and seconded by Whitehouse to sign Resolution #2019-110 participating in the County Road Machinery and Equipment Revolving Fund at ODOT. Stephens stated districts will apply themselves through ODOT. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #19: Motion was made by Stephens and seconded by Whitehouse to sign Resolution #2019-111 surplussing one Microsoft Surface Pro Model 1807 LTE serial number 027109280253 and Resolution#2019-111A disposing of the same by Trade in with Microsoft approximate value $883.08. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #20: Motion was made by Stephens and seconded by Whitehouse to sign alarm services agreement with Metro Security USA for the Health Department for $45.00 per month. Goforth stated there were some initial issues with contract, but they have been fixed. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #21: Motion was made by Stephens and seconded by Whitehouse to sign Resolution #2019-112 directing the Creek County Treasurer to credit the Creek County General Government Insurance account 001-l-2300-1222/R4 with funds from Benefit Resources Inc., in the amount of $71.98, as per Title 62 O.S. § 335, and procedures implemented by the State Auditor's Office. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Item #22: Motion was made by Stephens and seconded by Whitehouse to sign Resolution #2019-113 directing the Creek County Treasurer to credit the Creek County General Government Maintenance and Operations Fund 001-l-2000-2005/R2 with funds from the Creek County Court Clerk's Office fund for reimbursement of utility payments, in the amount of $2,225.13, as per Title 62 O.S. §335, and procedures implemented by the State Auditor's Office and correcting Scribner's error on the agenda for $162.95. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.
Public Comment: NONE
Adjournment: Motion was made by Warner and seconded by Stephens at 10:28 a.m. to adjourn and meet again 9-30-19. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.