February 24, 2020
The Board of County Commissioners of Creek County (BOCC) met in Regular
Session on Monday, February 24, 2020 at 9:00 a.m., date and time duly posted.
Item #1: Meeting was called to order at 9:00 a.m. by Chairman, Newt Stephens Jr. Roll Call Stephens present, Warner present, and Whitehouse present.
Item #2: Statement of compliance with open meetings act-Chairman.
Item #3: Commissioner Stephens led the Pledge of Allegiance and Invocation.
Item #4: Motion was made by Warner and seconded by Whitehouse to approve the minutes of February 18, 2020. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Item #5: Motion was made by Whitehouse and seconded by Warner to approve Contract from Sumner One for Treasurer; Error Correction $209.98 from 1315-2-0400-2005/CJM2 Sheriff to 1315-2-8034-2005 CJM4 Sheriff FY2020; Error Correction $1,751.84 from 1223-2-0400-2005/SSF7 to 1226-2-1100-2012/SSF17 Sheriff FY2020; Blanket Purchase Orders #4854 - 4895; Purchase Orders # 2019-2020 911 Phone UTILITIES 4780 A T & T 2235.96; CBRI PARTS 4566 KAMAN INDUSTRIAL TECHNOLOGIES 46.28; Emergency Mgmt EQUIPMENT 4697 Amazon Capital Services 234.46; General ADMINISTRATIVE SERVICES 4779 INCOG 5000.00; AIR FRESHENERS 4311 Simply Scentsational 154.00; COPIER CHARGES 3673 Standley Systems 81.00; EQUIPMENT 4639 Light Em Up Emergency Equipment 285.00; 4688 Amazon Capital Services 299.98; Labor & Materials 4231 A & M ELECTRIC CO INC 713.70; Law Books & Services 3431 THOMSON-WEST 1848.01; OVERAGES 1510 Brooks Jeffrey Marketing Inc 40.00; Parts & Labor 3466 WARREN CAT 2430.97; PERMIT FEE 330 U S POSTMASTER 240.00; Phone Bill 4439 U S Cellular 65.41; REGISTRATION 4770 Tulsa Connect 15.00; SERVICE AGREEMENT 3660 XEROX CORP 55.00; Supplies 3895 WESTLAKE ACE HARDWARE OK-020 110.44; 3990 JOHN DEERE FINANCIAL 149.22; 4773 IMPRIMATURE PRESS 706.50; TRAVEL 3656 Myers, Randi 281.05; Utilities 4782 O N G 873.14; 4784 A T & T 111.35; 4785 A T & T 76.29; WATER 3664 CULLIGAN OF TULSA 35.00; Health SERVICE 1291 Vital Records Control 86.00; 1924 Vital Records Control 86.00; 2454 Vital Records Control 86.00; 3183 Vital Records Control 86.00; 3199 , VIP Voice Services 835.00; Supplies 4558 McKESSON 16.47; TRAVEL 2440 Frankenburger, Wendy 336.30; UTILITIES 3722 CITY OF SAPULPA 350.00; Highway First Aid Supplies 4521 CINTAS CORPORATION NO 2 243.23; FLAGS 4399 LIBERTY FLAGS 33.03; INTERNET SERV/DIST 3 4512 A T & T 220.94; MATERIAL 4690 LOWES CREDIT SERVICES 231.23; PARTS & SUPPLIES 2663 Jackson Pump & Supply 213.31; PARTS/SUPPLIES 3533 MHC Kenworth-Tulsa 421.18; 3756 WELDON PARTS-TULSA 123.62; 4654 SOUTHWEST TRAILERS 300.00; PAYMENT 4351 OTA PIKEPASS CENTER 39.75; Phone Bill 4349 A T & T MOBILITY 245.64; SIGNAL LIGHT 4513 O G & E 35.98; Supplies 3413 GREEN GUARD FIRST AID & SAFETY 74.46; 4599 Lampton Welding Supply 841.21; TRASH SERV/DIST 3 4449 Tri-Fab Trash Service 80.00; Utilities 4783 A T & T 53.22; Hwy-ST Maintenance 4525 SIGNALTEK 30.00; Parts & Labor 4676 ACME WHEEL ALIGNMENT CO 280.00; PIKE PASS FEE 4246 OTA PIKEPASS CENTER 0.90; Repair 3723 Sellers Tire Inc 60.00; ROAD MATERIAL 4346 QUAPAW COMPANY, THE 9200.47; UTILITIES 3809 O G & E 545.89; Jail-ST Maintenance 3677 Castle.Com 164.50; parts 4266 Fastenal 71.06; Service Call 2903 Brooks Grease Service 350.00; 4301 Hagar Restaurant Service 376.00; Supplies 4096 MORRISON SUPPLY 2352.26; 4681 Amazon Capital Services 109.84; UTILITIES 4794 O G & E 3234.19; Juv Dent-ST SERVICE 4795 COX COMMUNICATIONS 1598.63; Planning/Zoning COPIER CHARGES 4237 Standley Systems 42.69; Supplies 4556 CDW GOVERNMENT INC 23.74; Resale LABOR 4671 WACOM SYSTEMS 150.00; 4672 WACOM SYSTEMS 150.00; 4673 WACOM SYSTEMS 150.00; SERVICE 2738 A T & T 41.23; SERVICE & SUPPLIES 4421 Covlus Document Services, LLC )FKA Walz Group, LLC ) 3666.90; Supplies 4772 Merrifield Office Supplies 97.00; TEMPORARY EMPLOYEE 4332 DYNAMIC RECRUITING SPECIALIST 826.40; UNIFORM & ACCESSORIES 4691 SPECIAL-OPS UNIFORMS 313.79; RM&P TECH SUPPORT 2496 Imagenet Consulting LLC 707.40; SH Commissary Commissary items 4791 TIGER CORRECTIONAL 2130.04; 4792 TIGER CORRECTIONAL 1384.27; 4793 TIGER CORRECTIONAL 613.13; SH Svc Fee MEALS 4701 TIGER CORRECTIONAL 5821.84; 4805 TIGER CORRECTIONAL 5676.66; Tax Refunds TAX CORRECTION 124 Deborah And Jeff Hughes 53.00;. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Item #6: NO DISCUSSION of new business. (In accordance with the OpenMeetings 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 Warner and seconded by Whitehouse to approve Resolution#2020-26 rezoning request CCZ-2003-Michael Schwinn per the recommendations of CCPC. Rezoning from Light Residential District to Agriculture District to allow raising of farm animals. Property located at 17999 S. 49th W. Ave, Mounds.-Wendy Murray Planner. Murray stated that the property contains 10 acres and there are surrounding Ag parcels; it is not located in a flood zone and will meet all requirements. There was no opposition received and the Applicant is present. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Item #8: Motion was made by Warner and Whitehouse to approve Resolution#2020-27 rezoning request CCZ-2004-Susan and Steven Williams per the recommendations of CCPC. Rezoning Tract 1from Light Residential to Commercial to allow storage facility containing 2.17 acres more or less. Tract 2 from Light Residential to Agriculture to allow raising of farm animals containing 0.34 acres more or less. Property located at 35550 W. 87th Place S. Mannford.-Wendy Murray, Planner. Murray stated that there is light residential and agriculture in the surrounding area. Both tracts will are not located in a flood zone and will meet all requirements. There were a few concerns with the storage facility and that was concerns with entrance. Applicant stated they will work with ODOT on entrance off of HWY 48. Applicant is present. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Item #9: Motion was made by Warner and seconded by Whitehouse to approve Resolution#2020-28 rezoning request CCZ-2005-Mark Remington per recommendations of CCPC. Rezoning from Manufactured Home District to Agricultural District to allow raising of farm animals. Property located at 36061 W. 36th St. S. Mannford.-Wendy Murray, Planner. Murray stated that there is agricultural surrounding all four sides of property. Property is not located in a flood zone and will meet the minimum requirements. Applicant is a partial owner in a 12.5 acre tract that is leased. Applicant has been present before in case CCZ-1545. Applicant present. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Item #10: Motion was made by Whitehouse and seconded by Warner to approve Resolution#2020-29 rezoning request CCZ-2006-Frankoma Land Management per recommendations of CCPC. Rezoning from Agricultural District to Industrial to allow industrial subdivision. Property located at S.W. corner of HWY 166 and Frankoma Road Sapulpa.-Wendy Murray, Planner. Murray stated that this will be to develop 9-10 lots containing up to 5,000 sq. ft. buildings. The property is not in a flood zone and will meet all requirements. There are surrounding industrial parcels in the area. Applicant is present. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Item #11: Motion was made by Warner and seconded by Whitehouse to deny Resolution#2020-30 rezoning request CCZ-2007 and lot split CCLS-2661-Biran and Ashton Casey. There was discussion with the Board and residents of the safety issue this rezoning would create. Rezoning request from Agriculture District to Light Residential to allow lot split North tract containing 1.50 acres more or less. South Tract containing 3.0224 acres more or less. Property located at 13364 W. 81st S. Sapulpa.-Wendy Murray, Planner. Murray stated that the tracts are not located in a flood zone and would meet all requirements. We have had opposition and concerns of safety with the rezone request. Residents have stated that the increased traffic on 81st and the location of rezone would create a dangerous situation. Applicant is not present. The Board asked if there was anyone present that would like to speak, several residents spoke to the Board about the safety concerns of where the driveway entrance would be located. Neighbor's Gerald Sewell, Don Lovy, Myrna Palmer all spoke about the safety issue and the location of entrance not being visible. 81st is already in bad shape and this would just create more traffic in the area we don't want. Murray stated that they received a call Friday from Applicant and stated the property was going up for sale, we have not heard anything else from applicant. Stephens stated with no clear direction from the applicant, I would be inclined to pass for two weeks. Warner stated he is not sure we need two weeks to make a decision, I have made my decision. There is a huge safety issue and I would think this Board would take that into consideration. Stephens stated I don't know that we have enough information to deny request. Warner stated that I think safety is enough, not only are they dividing up less than 5 acres tract, Sewell stated it is a 4.07 acres. I do believe that safety of people is our first concern. Dwight Bock asked the Board what the applicant is advertising the property as being zoned, the Board, Planner and residents are not sure, as it is for sale by owner. Stephens stated that maybe in two weeks the issue will resolve itself. Goforth had brief discussion of the one year period the applicant has to wait to try and rezone, this does not affect the property as it was sold to new owner. The new owner could request rezoning or ask it to be joined with other property. Janice DeRamus asked if the property was transferred to family or someone else, Goforth stated they could come in and re-apply. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Item #12: Motion was made by Warner and seconded by Whitehouse to approve public sale auction of property located in Maschino, Lots 19 through 24, BLK 2 to Kolton and Diana Gann for $2,433.00 plus $100.00 filing & publication total $2,533.00. There were no other parties present. Gloria Ware, Treasurer Deputy stated there is no 911 address and the property has been county owned since 2019. Property does contain a structure on it. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Item #13: Motion was made by Stephens and seconded by Warner to sign Proclamation Resolution#2020-31 of the Board and Sheriff declaring Creek County as a Second Amendment Sanctuary County. Stephens stated the Sheriff and I have been working on this together. Sheriff Bowling spoke to the Board like all Sheriff's across this great state, I have been approached to declare Creek County a Second Amendment Sanctuary County. Here are my thoughts: Our Country is the United States of America because of the Constitution. Our forefathers possessed a clear vision for our foundation so that we could survive and prosper as a free nation. The Second Amendment is a necessary element of the Constitution that ensures us that we can defend our families and our Country. As your Sheriff I have taken two oaths, first as a Peace Officer and secondly as the duly elected Sheriff. In both of these oaths, I swore to defend, enforce and obey the Constitution of the United States and the State of Oklahoma. My oath has never wavered and never will...With my life if need be. Although the Sheriff's Office stands independent, I have always worked with our elected officials to better serve the citizens of this county ...and I intend to continue to do so. This subject is something that all of us should stand together on. The citizens of Creek County should know that we -as their elected officials - are aware of the oaths that we have taken, and that this government is determined, more now than ever, to protect the unalienable rights of its people. With that, I am asking you today, to stand with me and reaffirm to our citizens that we will enforce, defend and obey the Constitution -as submitted in the proclamation before you. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Item #14: Motion was made by Stephens and seconded by Warner to pass for one week until March 2, 2020 on discussion and possible action to approve purchase of one or more 2019 John Deere 60G Compact Excavators from Sourcewell, Contract #032515-JDC-District #2 and District #3. Goforth and Jana Thomas had discussion with the Board on the leasing portion of the two pieces of equipment. The Lease Agreement requires the Auditor's approval and we have not received that yet. Thomas stated an email was sent out Thursday last week, as of this morning there is no response. Goforth stated the Auditor's require the agreement to be reviewed and approved before the Board can approve it. There was discussion of the State Contract verses Sourcewell. Don Engle stated that it would be in the best interest of the County to wait for Auditor to review and approve the agreement. Warner stated they are in desperate need of the equipment and doesn't mind putting it off a week. Stephens stated there is nothing that says we cannot go back to P&K and see if they could sell the same piece of equipment at a cheaper price. Goforth stated you would still have to have the auditor's approval on the lease purchasing portion, unless you have the funds to buy it out right. Charles Betzler asked if the Auditor's approval is something new, Thomas stated it is not a new process; it is just something that hasn't been followed across the state correctly. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Item #15: Motion was made by Warner and seconded by Whitehouse to sign Resolution#2020-32 surplussing a 1984 A M General Semi VIN#1UTSH6684DS001199 District #3 and Resolution#2020-32A disposing of the same by donating to Slick Fire Department. Whitehouse stated the piece needs some work, we cannot use it anymore and they are willing to fix it. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Item #16: Motion was made by Whitehouse and seconded by Warner to sign agreement between Muscogee Creek Nation and the Board of Creek County Commissioners to replace the existing bridge and bridge approaches for NBI#0388 on W. 231st St. over Catfish Creek located in District #3 estimated cost $810,000.00. Whitehouse stated we are still waiting on the final design, after they had to make a driveway change. Whitehouse stated that we have received all easements; the landowners have granted us a temporary easement at no cost. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Item #17: Motion was made by Warner and seconded by Whitehouse to sign Resolution#2020-33 directing the Creek County Treasurer to credit the Creek County Commissioners Account 001-1-200-1233/R5 workman's compensation in the amount of $15,042.95 with funds received from Creek County Treasurer's Office Cash Voucher Resale Fund 1220-1-0600-1110/CV-2 in the amount of $329.85, Court Clerk's Payroll Fund 1211-1-1900-1110/PFCC in the amount of $183.33, County Clerk's Preservation Fee Fund 1209-1-1000-1130/CCPF-1 in the amount of $9.52, County Assessor's Reval Fund 001-1-1700-1110/H4 in the amount of $185.17, Sheriff's Office E-911 Phase II Fund 1201-2-3601-2005/E-911 in the amount of $62.20, Sheriff County Jail Maintenance Payroll Fund 1315-2-0400-1110/CJM1A in the amount of $8,712.83, Sheriff Service Fee Payroll Fund 1226-2-0400-1110/SSF1A in the amount of $542.87, Sheriff Service Fee Courthouse Security Fund 1226-2-3500-1110/SSF9 in the4 amount of $368.36, Sheriff Service Fee Oklahoma Highway Safety Grant Fund 1526-2-0400-1110/SSF15 in the amount of $76.47, Sheriff Juvenile Justice Center Payroll Fund 1317-2-0400-1110/JJC1A in the amount of $4,572.35, as per 62 O.S. § 335, and procedures implemented by the State Auditor's Office. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Item #18: Motion was made by Warner and seconded by Whitehouse to sign Resolution#2020-34 directing the Creek County Treasurer to credit the Creek County General Maintenance and Operations Fund 001-1-2000-2005/R2 with funds from the Creek County Court Clerk's Office Fund for reimbursement of utility payments, in the amount of $108.44, as per Title 62 O.S. § 335, and procedures implemented by the State Auditor's Office. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.
Public Comment: NONE
Adjournment: Motion was made by Stephens and seconded by Whitehouse at 10:02 a.m. to adjourn and meet again 3-2-2020. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.