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2019-11-18 Meeting Minutes

For a printable version of the November 18, 2019 Meeting Minutes (which includes all content as listed below), click here.

November 18, 2019

The Board of County Commissioners of Creek County (BOCC) met in Regular

Session on Monday, November 18, 2019 at 9:00 a.m., date and time duly posted.

Item #1: Meeting was called to order at 9:01 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 November 12, 2019. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.

Item #5: Motion was made by Stephens and seconded by Whitehouse to approve October Monthly Reports from County Clerk and Court Clerk; Transfers $192,000.00 from 001-1-1700-2005 Assessor Reval(H-4) M&O Assessor FY2019-2020 to 001-1-1700-1110 Assessor Reval (H-4) Payroll Assessor FY2020; $39,773.79 from 1103-6-4000-4030 CBI-ALL HWY FY2019-2020 to 1103-6-4100-4030 CBI-1 HWY $13,257.93, 1103-6-4200-4030 CBI-2 HWY $13, 257.93 and 1103-6-4300-4030 CBI-3 HWY $13,257.93 FY2020; Blanket Purchase Orders #2975 - 3024; Purchase Orders #2019-2020 911 Phone CELL PHONE SERVICE 2961 Verizon Wireless 89.42; SERVICE 2872 CIMARRON TELEPHONE COMPANY 1368.57; Supplies 2858 Merrifield \ Office Supplies 123.62;  CBRI ASPHALT 1528 DUNHAM ASPHALT SERVICE INC 1072.05; TIN HORNS 2296 FENSCO INC 11879.50;  Crt Clk Revolving JANITORIAL 31 BENNETT, SHERRY A. 625.00; LEASE 32 XEROX CORP 676.96;  General AIR FRESHENERS 2916 Simply Scentsational 70.00; CELL PHONE SERVICE 2958 Verizon Wireless 1792.90; CREMATION 2876 GREEN HILL FUNERAL HOME 185.00; EMPLOYEE ASSISTANCE PROG 2945 COMMUNITY CARE INSURANCE 172.70; EQUIPMENT 2170 OKLAHOMA POLICE  SUPPLY 9.00; INSPECTION 2899 OKLA DEPT OF LABOR 25.00; JANITORIAL 2917 ALLIANCE MAINTENANCE 215.00; Labor & Materials 1777 CITY WIDE  PLUMBING, INC. 827.50; Law Books & Services 1798 THOMSON-WEST 1781.41; LEASE 2909 CREEK CO HOME FINANCE AUTH 1500.00; OIL CHANGES  1771 J & A CASTROL LUBE EXPRESS 475.51; Parts & Labor 2910 EMERGENCY POWER SYSTEMS, INC 1375.00; PEST CONTROL 2290 EMCO TERMITE/PEST CONTROL INC 15.00; 2636 EMCO TERMITE/PEST CONTROL INC 35.00; Repairs 1389 BRISTOW TIRE & AUTO SERV. INC 202.41; SERVICE 2071 XEROX CORP 55.00; 2204 Verizon Wireless 120.03; 2322 VERIZON CONNECT NWF,INC 18.95; 2906 ONE NET 640.00; 2911 Waste Management Of Tulsa  282.60; 2912 Waste Management Of Tulsa 161.12; 2913 Waste Management Of Tulsa 59.77; 2914 ONE NET 470.00; 2915 Elder Water Consulting Inc 165.00;  Supplies 2323 ADVANCED AUTO PARTS 182.67; Tags 2828 VALLEY VET SUPPLY 1165.00; UNIFORM & ACCESSORIES 2171 SPECIAL-OPS UNIFORMS 16.99; 2839 SPECIAL-OPS UNIFORMS 15.96; Utilities 2641 O N G 233.73; 2865 CITY OF SAPULPA 119.97; 2869 O G & E 168.13; 2870 O G & E 194.23; 2871 O G & E 283.48; 2905 O G & E 5355.38; 2907 EAST CENTRAL ELECTRIC COOP 395.00; 2938 O N G 130.29; 2942 EAST CENTRAL ELECTRIC COOP 430.00; 2950 COX COMMUNICATIONS 1077.17; WATER 2223 FIZZ-O WATER COMPANY 18.90; Health TRAVEL 2878 Wantland, Renee 46.00; Highway EMPLOYEE ASSISTANCE PROG 2944 COMMUNITY CARE INSURANCE 60.50; PARTS & SUPPLIES 2662 JOHN DEERE FINANCIAL 152.51; PAYMENT 244 GRANT, JIMMEY OR CAROLYN 120.00; RENTAL 2099 Lampton Welding Supply 77.99; SERVICE & SUPPLIES 2112 UniFirst Holdings Inc 1418.69; TESTING 2761 TotalSIR 34.50; Utilities 2094 O G & E 27.34; 2781 O G & E 35.80; 2782 O G & E 294.88; Hwy-ST ASPHALT 2852 DUNHAM ASPHALT SERVICE INC 1395.63; parts 2711 GRAINGER 331.61; Parts & Labor 1782 YELLOWHOUSE MACHINERY 1207.04; 2821 G T BYNUM COMPANY 683.03; PARTS & SUPPLIES 80 WELDON PARTS-TULSA 252.00; 861 WELDON PARTS-TULSA 189.72; 1580 Summit Truck Group 491.94; 2125 ATWOODS 713.19; 2129 AMERICAN WELDING 295.64; 2150 SUMMIT TRUCK GROUP 762.22; 2152 WARREN CAT 48.60; 2330 ATWOODS 249.99; PIKE PASS FEE 2144 OTA PIKEPASS CENTER 1.55; SERVICE & SUPPLIES 71 SAFETY-KLEEN 132.50; SIGNS 1555 TULSA COUNTY HIGHWAY CONSTRUCTION SIGNS 19.00; Utilities 2141 O G & E 432.93; Jail-ST CELL PHONE SERVICE 2959 Verizon Wireless 465.95; FUEL 2941 COMDATA INC 1696.33; INMATE SUPPLIES 2307 CHARM TEX 365.40; Labor & Materials 2682 Hagar Restaurant Service 270.00; Maintenance 2962 Midtown Auto & Diesel Repair Inc 50.00; OIL CHANGES 1779 J & A CASTROL LUBE EXPRESS 203.95; PEST CONTROL 2625 SILVER BULLET PEST CONTROL, PEST SERVICES INC 110.00; SERVICE 2940 COX COMMUNICATIONS 2099.32; Supplies 2239 WESTLAKE ACE HARDWARE 783.30; 2720 Amazon Capital Services 70.95; Tables 2874 LOWES CREDIT SERVICES 94.99; Utilities 2937 SAPULPA RURAL WATER CO 2188.00; 2939 CITY OF SAPULPA 2426.37; 2952 O G & E 4087.99; Juv Dent-ST CELL PHONE SERVICE 2960 Verizon Wireless 89.42; INSPECTION 2298 FIRETROL 152.50; PUBLICATION 467 BRISTOW NEWS 113.00; SERVICE 2863 DISH NETWORK 102.91; Utilities 2864 CITY OF BRISTOW 295.83; 2951 COX COMMUNICATIONS 1648.75; Resale AIR FRESHENERS 1491 SCENTS PLUS LLC 48.00; EQUIPMENT 2900 WACOM SYSTEMS 55.00; FUEL 709 COMDATA INC 59.85; PIKEPASS FEES 719 OTA PIKEPASS CENTER 15.65; Supplies 2918 Merrifield Office Supplies 7.13; RM&P WEB HOSTING 1807 KELLPRO COMPUTER SOLUTIONS 5000.00; SH Commissary Commissary items 2953 TIGER CORRECTIONAL 231.20; 2955 TIGER CORRECTIONAL 2014.37; Late Fee 2954 TIGER CORRECTIONAL 10.18; Lighting 2706 A & M ELECTRIC CO INC 1795.00; TIRES 2853 BRISTOW TIRE & AUTO SERV. INC 546.72; SH Svc Fee MEALS 2868 TIGER CORRECTIONAL 6433.95; 2956 TIGER CORRECTIONAL 6626.95; MEDICAL SERVICES/JAIL 2957 Turn Key Health Clinics LLC 28577.17. 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 using the ACCO deductible fund to pay for damages to a Sheriff unit stemming from a pursuit on October 26, 2016 in the amount of $4,500.00. Warner briefly discussed the damage with Bowling. Bowling stated this unit received heavy damage during the shootout and we will have another one next week with damage from a deer. There was discussion of the amount of the deductible fund being $50,000.00. Warner asked Dana Logsdon to find out exactly how much the deductible fund has been expended and what is the exact amount purchased. Bowling stated we try and fix the damages to our units, but with these high rates of repairs on the two units, we are asking for some help. Don Engle, Treasurer stated this is why we purchase the insurance and ACCO guiding us on how to use it is like a slap in the face.  Stephens stated we need to educate ourselves on the deductible and what happens if we use it. It was my understanding it is purchased separately just in case we get in a bind and if we use it down our rates are going to go up. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.

Item #8: Motion was made by Stephens and seconded by Whitehouse for the Allocation of Alcoholic Beverage Tax to be distributed as follows: Bristow $2,994.44; Depew $338.21; Drumright $2,065.68; Kellyville $816.91; Kiefer $1,196.74; Lawrence Creek $106.67; Mannford $2,185.35; Mounds $829.91; Oilton $720.65; Sapulpa $14,595.03; Shamrock $72.85; Slick $93.66.  Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.

Item #9: Motion was made by Stephens and seconded by Whitehouse to sign Resolution#2019-128 directing the Creek County Treasurer to credit the Creek County Commissioners account 001-1-2000-1233/R5 workman's compensation in the amount of $14,955.18 with funds received from Creek County Treasurer's Office Cash Voucher Resale Fund 1220-1-0600-1110/CV-2 in the amount of $631.61, Court Clerk's Revolving Fund 7201-1-1400-1130/CCR in the amount of $5.60, Court Clerk's Payroll Fund 1211-1-1900-1110/PFCC in the amount of $195.75, County Clerk's Preservation Fund 1209-1-1000-1130/CCPF-1 in the amount of $23.99, Sheriff's Office E-911 Phase II Fund 1201-2-3601-2005/E-911 in the amount of $60.99, Sheriff County Jail Maintenance Payroll Fund 1315-2-0400-1110/CJM1A in the amount of $9,363.05, Sheriff Service Fee Payroll Fund 1226-2-0400-1110/SSF1A in the amount of $90.65, Sheriff Service Fee Courthouse Security Fund 1226-2-3500-1110/SSF9 in the amount of $329.52, Sheriff Service Fee Oklahoma Highway Safety Grant Fund 1526-2-0400-1110/SSF15 in the amount of $63.87, Sheriff Juvenile Justice Center Payroll Fund 1317-2-0400-1110/JJC1A in the amount of $4,190.15, as per 62 O.S. § 335, and procedures implemented by the State Auditor's Office. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.

Item #10: Motion was made by Stephens and seconded by Warner at 9:17 a.m. to go into proposed executive Session per 25 O.S. § 307(B)(4) discussion of confidential communications between the Board and the District Attorney's Office concerning an ongoing lawsuit, that upon advice of counsel, disclosure of which will seriously impair the ability of the County to process the action in the best interest of the public: in Re: National Prescription Opiate Litigation, Case No. 1:17-MD-2804, in the United States District Court for the Northern District of Ohio-Eastern Division.  Andrew Goforth, Assistant District Attorney stated this is to discuss the opioid litigation; we had hired counsel that is unable to be here today. I will brief you on an update that is directing the litigation. The issue is confidential; we need this executive session to discuss how the county will move forward in the best interest of the county. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.  A motion was made by Warner and seconded by Stephens to come out of Executive Session at 9:40 a.m. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.

Item #11: Motion was made by Stephens and seconded by Whitehouse to opt in and give the authority to the Chairman to review as the week goes through. Warner stated we were given a couple of options; we have decided the course we would like to take. The majority of the class action is opting in and we may or may not have a change of heart before the deadline. This is still a fluid case. Andrew Goforth stated that this option would give us a fast track on the judgment lawsuit. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.

Public Comment:

#1: Mr. Carnes presented a pamphlet about City Elders and that they are praying for the Elected Officials. Our website is on the pamphlet if you would like to find out a little more about us. We know that too many Christian values have been taken out of government and we want them back in.

#2: Bob Richardson spoke to the Board about 151st section line; we have looked through the land records and have found a deed of dedication. John Mark Young has said that we need a survey to define the legal descriptions. I am not able to access my property. There was discussion of the opening section line process with Richardson. Richardson stated that he had an understanding with the neighbor for years to have access off 151st instead of his private road off 177th, but something has changed his mind. The Board had discussion of who owns the surrounding land, John Mark has the Young ranch containing about 900 acres and then Western Woods has about 480 acres. Richardson stated he is going to get with a neighbor lady and see what her easement states and find out if she has a survey of the area. Goforth stated that deed of dedication is showing it was deeded to the public, but we need the legals defined. If the dedication describes both the westerly and southerly side then the board would have to accept the deed of dedication and make a determination on maintenance of the road. Warner stated let the Board do some homework and we will let you know if it will need to be an agenda item in the future. Whitehouse stated that he is aware of this situation and that the neighbor is not cooperating with the other land owners.

Adjournment: Motion was made by Warner and seconded by Stephens at 9:59 a.m. to adjourn and meet again 11-25-19. Vote as follows: Warner - Aye, Stephens - Aye, Whitehouse - Aye.