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2020-7-20 Meeting Minutes

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    July 20, 2020

The Board of County Commissioners of Creek County (BOCC) met in Regular Session on Monday, July 20, 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 Smith present. Rick Selsor, First Deputy District #1 was also 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 Stephens and seconded by Warner toapprove the minutes of July 13, 2020. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye. A motion was made by Selsor and seconded by Warner to approve correction of July 01, 2020 correcting Transfer $316,916.47 from 1103-6-4000-4030 Co Bridge & Rd Impro HWY FY2019-2020 changing amount to $316,845.29. Vote as follows: Seslor - Aye, Warner - Aye, Smith - Abstained. July 6, 2020 minutes will still have to wait for approval, until Whitehouse is able to present due to Warner being absent.

Item #5: Motion was made by Warner and seconded by Stephens to approve Kellpro Software and Service Agreement for District #3; June Monthly Report from Election Board; Transfers $8,781.92 from 1102-6-4200-2005 Co HWY M&O-Dist#2 HWY FY2019-2020 to 1102-6-4200-2005 Co HWY M&O-Dist#2 HWY FY2021; $35,583.15 from 1102-6-4300-2005 Co HWY M&O-Dist#3 HWY FY2019-2020 to 1102-6-4300-2005 Co HWY M&O-Dist#3 HWY FY2021; $232,246.89 from 1313-6-8042-2005 from Roads & Bridges-Dist#2 HWY FY2019-2020 to 1313-6-8042-2005 Roads & Bridges-Dist#2 HWY FY2021; $49,004.87 from 1313-6-8043-2005 Roads & Bridges-Dist#3 HWY FY2019-2020 to 1313-6-8043-2005 Roads & Bridges-Dist#3 HWY FY2021; $12,000.00 from 1209-1-1000-2005 Co Clerk Pres M&O County Clerk FY2019-2020 to 1209-1-1000-1130 Co Clerk Pres PT Time County Clerk FY2021; $15,000.00 from 1214-4-4700-2005 Rental Free Fair FY2019-2020 to 1214-4-4700-2005 Rental Free Fair FY2021; Blanket Purchase Orders #640 - 660; Purchase Orders #2019-2020 911 Phone CARPET CLEANING 6916 Dynamic Carpet Care LLC 90.00; COMPUTER PROGRAM 6544 Castle.Com 1377.60;CBRI Supplies 6220 THE RAILROAD YARD INC 80.00; General AIR CONDITIONER 6323 AIR COMFORT INC 6983.00; CELL PHONE 6824 U S Cellular 90.52; CREMATION 2926 SMITH FUNERAL HOME 185.00; 3546 SMITH FUNERAL HOME 185.00; 5918 SMITH FUNERAL HOME 185.00; 6358 SMITH FUNERAL HOME 185.00; 6905 SMITH FUNERAL HOME 185.00;6908 GREEN HILL FUNERAL HOME 185.00; EQUIPMENT & SERVICE 6913 Castle.Com 2978.00; Labor & Materials 5855 AIR COMFORT INC 3286.00; LANDSCAPING SERV 2985 TIER ONE LAWN LANDSCAPE 510.00; Law Books & Services 4754 Thompson Reuters- West 1848.01; LIGHT 6438 Tyco Electric Inc 4882.09; SERVICE 4238 VERIZON CONNECT NWF,INC 16.19; 6699 A-1 Refuse 230.00; Supplies 6457 JOHN DEERE FINANCIAL 1088.19; 6811 ADVANCED AUTO PARTS 86.97; 6812 WESTLAKE ACE HARDWARE OK-020 204.79; 6817 WESTLAKE ACE HARDWARE OK-020 53.08; 6857 Merrifield Office Supplies 635.00; 6894 Merrifield Office Supplies 484.34; UNIFORM & ACCESSORIES 6756 Baysinger Uniforms 19.50; UTILITIES 6703 O N G 130.38; WINDOW TINT 6638 Auto Enhancers 100.00; Health SERVICE 5988 Vital Records Control 50.00; TRAVEL 2479 SMITH, BETH 24.15; 4748 DAVIS, SHERRIE D. 32.20; 5146 CASWELL, DEBRA 4.49; 6305 TATE, DEBBIE 293.10; UTILITIES 5714 O N G 96.57; 5725 O G & E 409.74; Highway EQUIPMENT 6739 DEERE & COMPANY 18243.40; PARTS/SUPPLIES 6621 JOHN DEERE FINANCIAL 37.97; SERVICE & SUPPLIES 6528 UniFirst Holdings Inc 1130.33; Hwy-ST EMULSIONS 6484 ERGON A & E INC 1534.61; MATERIAL 3739 APAC CENTRAL INC 624.10; parts 6070 BRUCKNERS 156.09; PARTS & SUPPLIES 6486 DRUMRIGHT TIRE 65.00; PIKE PASS FEE 6499 OTA PIKEPASS CENTER 2.00; ROAD MATERIALS 6483 Greenhill Materials 1035.30; Supplies 6322 Onsite Diesel Service 957.74; 6904 JO-CO EQUIPMENT 792.00; TIRES 6735 Direct Discount Tire 3758.00; Jail-ST Network Services 6878 Castle.Com 2489.90; Juv Dent-ST FIRE CONTROL SYSTEM 6719 ENDEX 3850.00; Resale ACCESSORIES 6871 SPECIAL-OPS UNIFORMS 90.98; AIR FRESHENERS 5230 SCENTS PLUS LLC 72.00; SERVICE 5990 A T & T 41.23; Supplies 5641 WESTLAKE ACE HARDWARE OK-020 27.69; SH Svc Fee EQUIPMENT 3570 GT DISTRIBUTORS-AUSTIN 58575.20; UNIFORM & ACCESSORIES 6807 SPECIAL-OPS UNIFORMS 627.00;2020-2021 911 Phone CELL PHONE SERVICE 544 Verizon Wireless 103.36; Dispatch office supplies 363 Merrifield Office Supplies 24.79; FEES 459 OKLA DEPT OF PUBLIC SAFETY 990.00; 557 ALCOHOL MONITORING SYSTEMS 7.98; Professional Service 568 Mission Critical Parrtners, LLC 6094.17; SERVICE 475 CIMARRON TELEPHONE COMPANY 1368.57;Crt Clk Revolving Supplies 4 Merrifield Office Supplies 37.07; 6 Merrifield Office Supplies 31.76; General AIR FRESHENERS 52 Simply Scentsational 18.00; 53 Simply Scentsational 18.00; BOTTLED WATER 80 FIZZ-O WATER COMPANY 40.50; 565 FIZZ-O WATER COMPANY 1.25; CCSO VEHICLE REPAIRS 456 Midtown Auto & Diesel Repair Inc 450.00; CELL PHONE SERVICE 554 Verizon Wireless 1852.12; COPIER CHARGES 573 Standley Systems 296.49; COVID-19 Supplies 444 Amazon Capital Services 89.82; CREMATION 453 GREEN HILL FUNERAL HOME 185.00; 469 GREEN HILL FUNERAL HOME 185.00; EMPLOYEE WITHHOLDINGS 571 CREEK CO ELECTION BOARD 0.00; INTERNET SERVICE 559 COX COMMUNICATIONS 1085.35; IT Support 570 Imagenet Consulting LLC 1228.00; Labor & Materials 98 AIR COMFORT INC 2208.00; 380 HOOVER & HOOVER CONSTRUCTION 2400.00; PEST CONTROL 548 EMCO TERMITE/PEST CONTROL INC 15.00; SERVICE 535 CITY OF SAPULPA 687.81; STORAGE 569 CONDUENT BUSINESS SERVICES LLC 580.28; Supplies 108 SCOVIL & SIDES HDWE CO 109.50; 472 JOHN DEERE FINANCIAL 19.90; TIRES/DEPUTY CARS 445 BRISTOW TIRE & AUTO SERV. INC 523.60; TRAVEL 572 CREEK CO ELECTION BOARD 18.40; UTILITIES 538 O N G 161.50; 563 EAST CENTRAL ELECTRIC COOP 376.00; 580 EAST CENTRAL ELECTRIC COOP 431.00; UTILITIES GAS SERVICES 558 O N G 106.77; Health PEST CONTROL 193 METRO TERMITE AND PEST CONTROL 480.00; SUBSCRIPTION 460 BRISTOW NEWS 44.00; Supplies 186 Merrifield Office Supplies 398.61; Highway SERVICE 425 A T & T MOBILITY 229.72; SOFTWARE 152 KELLPRO COMPUTER SOLUTIONS 2173.80; 307 KELLPRO COMPUTER SOLUTIONS 1823.80; TESTING 282 TOTALSIR 36.50; TIRES 416 SOUTHERN TIRE MART LLC 715.12; UTILITIES 124 O G & E 595.74; 296 O G & E 403.23; 297 O G & E 37.99;Jail-ST CCJ VEHICLE REPAIRS 374 Midtown Auto & Diesel Repair Inc 0.00; CELL PHONE SERVICE 545 Verizon Wireless 430.82; FEES 457 CREEK CO PUBLIC FACILITIES 638.33; LEASE PYMT 561 Quadient Leasing USA Inc 183.09; OIL CHANGES 474 J & A CASTROL LUBE EXPRESS 44.59; QUARTERLY CONTRIBUTIONS 562 OKLA EMPLOYMENT SEC COMM 8.41; UTILITIES WATER 581 CITY OF SAPULPA 2426.37; Juv Dent-ST ANNUAL MONITORING 539 ENDEX 240.00; CELL PHONE SERVICE 543 Verizon Wireless 103.36; Repairs 372 ACE AIR INC 210.00; UTILITIES ELECTRIC SERVICE 540 O G & E 2646.05;Law Library QUARTERLY CONTRIBUTIONS 1 LAW LIBRARY REV FUND 6367.48; Resale FUEL 564 COMDATA INC 274.96; LABOR 476 WACOM SYSTEMS 300.00; MAINTENANCE AGREEMENT 27 JRW INC 1224.00; Supplies 34 POSTER COMPLIANCE CENTER 67.95; 432 Merrifield Office Supplies 235.10; SH Commissary Commissary 555 TIGER CORRECTIONAL 1634.12; 556 TIGER CORRECTIONAL 330.64; SH Svc Fee FOOD FOR INMATES 473 TIGER CORRECTIONAL 4642.38; MEDICAL SERVICES/JAIL 582 Turn Key Health Clinics LLC 28577. Vote as follow: Stephens - Aye, Warner - Aye, Smith - 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 Warner and seconded by Stephens to approve Resolution#2020-88 rezoning request CCZ-2011 and lot split CCLS-2384-Jeff Slaton per recommendations of CCPC. Rezoning from Agricultural District to Light Residential to allow lot split. Property located at 12304 W. 86th St. S. Sapulpa, OK 74066.-Wendy Murray Planner. Murray stated there are similar zoning cases to the north, south and east with Agricultural and RMH in the area and meet requirement. The other tract will meet all light residential that has two dwellings, this will be bringing them into compliance with the county. The CCPC recommended approval on 7/14/20, along with the Planning Office. There has been no opposition. Applicant present. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.   

Item #8: Motion was made by Warner and seconded by Stephens to approve Resolution#2020-89 rezoning request CCZ-2012-Sharon Tunnell per recommendations of CCPC. Rezoning from Agricultural District to Manufactured Home District to allow mobile home. Property located at S. 65th W. Avenue and W. 63rd St. So., Sapulpa, OK 74066.-Wendy Murray Planner. Murray stated there are applicable rezones in the area and this will be bringing the property into compliance with the county. The property will meet all manufactured requirements and there was no opposition.  The CCPC recommended approval on 7/14/20, along with the Planning Office. Applicant present. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #9: Motion was made by Stephens and seconded by Warner to pass for one week until 7/27/20 discussion and possible action to consider rezoning case CCZ-2013 and lot split CCLS-2687; applicants, Corey Barnhart and Emily Washington, request rezoning from an Agricultural District to Light Residential on the West tract and Residential Manufactured on the East tract to allow lot split located at 1182 W. 162nd St. S., Sapulpa, OK 74066.-Wendy Murray, Planner. Murray spoke to the board; tract 1 will contain 2.27 acres and meet all requirements of light residential. Tract 2 will contain 2.16 acres and meet all requirements. The west tract they will reside in and the tract to the east the brother has a manufactured home as well. There are applicable cases in the area and the mobile home will not affect the area. The CCPC recommended approval on 7/14/20, along with the Planning Office. There was some opposition. Stephens asked if anyone was here for or against this. Roberta Nevels property owner to the south presented the board with the Prairie Oaks Estates conveyances. There was discussion of it stating no mobile homes are to allowed in areas within the plat. We already have mobile homes in Block 1, 2 and in the reserve areas. Mobile homes bring down the property value and are not safe. Murray stated we do not check the conveyances and have no control over them. Warner stated we do not enforce them and this seems like it would be a civil matter. There was discussion of the board saying that it is okay with allowing mobile homes with approving this item stated Nevels. Andrew Goforth stated we do not enforce the covenants, the court system will lean on them, but this does not affect the county rules by doing this. The board only addresses the zoning action and not the covenants portion. There was further conversation with Nevels about having to hire an attorney to fight the action of the board, if they approved, when there is something in place stating you cannot have mobiles. Warner stated that if you would have presented this the other night, this could of went a different direction. Nevels stated I didn't have the covenants in hand that night, but I mentioned them. Stephens stated he would like a week to do some research and gather some more information with the situation before we make a decision. I feel like with the new information, we should look into it a little more first. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #10: DISCUSSION ONLY/NO ACTION regarding letter from State Auditor's Office regarding Senate Bill 1888. There was little discussion at first, since there have been no updates sent out. Warner stated he would like the language to be rephrase to discuss and possible take action on. Stephens stated that we an item before us today that we can discuss and take action on. Stephens stated that my feelings are that we cannot go against the constitutional rights that was originally written for the intent of the fund. It would be questionable to justify one of two items. I think the intent was that it follows the CIRB that was required at that time. We could lean on the intent is to supplement the M&O. Warner stated that you could justify the M&O and pull it the same way it goes to the state and not the county formula. Stephens stated the facts it is to be split like the CIRB Funds are 1/3, 1/3, 1/3. It constitutionally states that it should be split equally within the districts. Warner stated that we will agree to disagree. I have been lobbying for this for some time and seen this issue coming in January, when the new funding as proposed. So, how it is for example is you would receive $3.00, District #2 and District #3 would each receive $1.00 and that is not the right way to do it, it just compounds the problem. Goforth stated he will work with Warner on new agenda language, so that possible action can be taken.

Item #11: Motion was made by Stephens and seconded by Warner to award Bid#20-15 Chip Seal and Asphalt Overlay Project as follows: District #1 to Vance Brothers for chip seal in the amount of $199,398.84, to be paid out of CBIR-1 roads included are #1. 33rd Ave West $48,464.70, #2(B) W. 191st St. S. $5,802.36, #3(A)W. 186th St. S. to W. 201st St. S. $81,579.44, #3(B) Lawmaster Rd $4,380.00, #4 Lake Boren $42,106.40, #6 W. 176th St. S. to S. Pickett Rd $17,065.94 and Duhman's Asphalt for 2" asphalt overlay in the amount of $843,710.00, to be paid out of HTX-1 #2(A) 151st St. to Mounds School $329,630.00, #5 Green Hill Dr. $13,685.00, #7(A) W. 161st St. S. to W. 176th St. S. $126,735.00, #7(B) W. 176th S. to 75A and Bennett Dairy $193,375.00, #7(C) 171st St. and Bennett Dairy to bridge $167,195.00 and #8 Lake View Drive top of Kiefer Hill $13,090.00. District #2 awards to Dunham's Asphalt for W. 81st St. S. from HWY 97 to S. 145th W. Ave two miles, in the mount of $171,100.00. And pass District #3 for another week, due to the circumstances with Whitehouse, Smith has not been able to discuss bid. Mortazavi asked Jana Thomas, Purchasing Agent if District #3 could be passed, since Whitehouse is unable to award at this time. Thomas stated that it should not be a problem to pass that due to the situation, if extension is needed. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #12: Motion was made by Warner and seconded by Smith to approve Change Order for the Bid#18-15 Rough in Plumbing Project Fairgrounds in the amount of $12,000.00 to Hoover and Hoover. Stephens asked Jonathan Kieffer what is the situation that allows change order. Kieffer stated we have two individual sinks with the original bid and we would like to have one trough sink to prevent soap and water from going on the floor causing a slip hazard. We think this is the best option and it is similar to the front bathroom. We have looked at all options. Warner asked if they did phone quotes, Kieffer stated no we just worked with the original contractor on changes, this is the one that has done the whole project. Stephens stated that there is only $336.25 left before you exceed the approved amount after this request. Stephens stated that I think this is a justifiable reason for a change order and verified with Jana Thomas, Purchasing Agent that they are following the proper bidding procedures. Thomas stated I have looked at the amount and believe they are within the law; I have also discussed this with Andrew as well. Kieffer stated this will also close out the project. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #13: Motion was made by Stephens and seconded by Warner to sign semiannual service agreements between Emergency Power Systems, Inc. and the Creek County Jail and Juvenile Justice Center. Stephens stated these are just renewals. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #14: Motion was made by Stephens and seconded by Warner to sign maintenance agreement with Air Comfort, Inc. for the Courthouse Complex for fiscal year 2020-2021 in the amount of $11,000.00. Stephens stated that we have a quote from Airco Service, Inc. in the amount of $22,831.50. Warner asked how this price compares to last year, Paul Farris, Project Coordinator stated that it is the same amount. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #15: Motion was made by Stephens and seconded by Warner to sign Inter-Cooperative Agreements with City of Slick, City of Depew and City of Kellyville for District #3. Goforth stated we just received these; Stephens stated I thought we have already approved these. Mortazavi stated that the agreements were not present during the July 01, 2020 meeting, so I did not put them in the minutes. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #16: Motion was made by Warner and seconded by Stephens for the Allocation of Beverage Tax to be distributed as follows Bristow $3,294.00, Depew $372.04, Drumright $2,272.32, Kellyville $898.63, Kiefer $1,316.46, Lawrence Creek $117.34, Mannford $2,403.97, Mounds $912.94, Oilton $792.74, Sapulpa $16,055.07, Shamrock $80.13, Slick $103.03. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #17: Motion was made by Warner and seconded by Stephens to sign Resolution#2020-90 directing the Creek County Treasurer to credit the Creek County General Government Insurance Account 001-1-2300-1222/R4 with funds from Benefit Resources, Inc., in the amount of $754.55, as per 62 O.S. § 335, and procedures implemented by the State Auditor's Office. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #18: Motion was made by Warner and seconded by Stephens to sign Resolution#2020-90 directing the Creek County Treasurer to credit the Creek County General Government Workman's Comp/Unemployment Account 001-1-2000-1233/R5 with funds from ACCO County Claims Operating Account for ACCO SIF Distribution Settlement for the Seminole Mud Co. v CompSource Mutual Insurance Company in the amount of $6,152.57, as per 62 O.S. § 335, and procedures implemented by the State Auditor's Office. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #19: Motion was made by Stephens and seconded by Warner to sign Juvenile Detention Contracts between Creek County Board of County Commissioners and Okfuskee, Okmulgee, Pawnee, and Payne Counties for $50.00 per child per day. Warner asked what determines the rate, Bret stated we do. However, it costs us more to house the juveniles than what we can recover. Remember we do not receive any OJA Funding. We have lost several counties due to Sax and Fox rate being $32.00. We have run some numbers and it costs about $191.00 per day per bed to house them. We just do not have that many children, over the last several months we have had 3-4 kids. It cost $1.1 million dollars to keep that facility open, there are no charge backs for damage, no commissary and no reimbursement for this facility. We are mandated to follow the standards, although we are funded by OJA. The Board asked that Bowling prepare a six-month cost sheet to give us some true numbers of what it costs to run facility stated Stephens. Warner asked if it would be possible to break out the variable costs. You have fixed costs and then additional costs to run facility, I would like to see what it costs to cover the variable costs. Stephens this would be a good tool to see what the burden is to the County to run facility. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #20: Motion was made by Warner and seconded by Stephens to approve Utility Permit from Creek County Rural Water District #3 per County Specs for waterline by extension by excavation to parallel W. Line Street approximately 1-mile W. of Sahoma Lake Rd further described as Section 32, T18N, R11E in District #2. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #21: Motion was made by Smith and seconded by Warner to approve Utility Permits from Oklahoma Natural Gas Company per County Specs for natural gas pipeline by boring, size of line 6" HDPE, size to cross W. 241st St. S. approximately 1.86 miles S. and 1.81 miles W. of SH-16 & SH-48 further described as 28' E. of S.W. corner of Section 36, T16N, R8E and the N.W. corner of Section 1, T15N, R8E in District #3. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #22: Motion was made by Warner and seconded by Smith to extend Resolution#2020-87 one more week until 7/27/20. Stephens asked if anyone has any updates on this item. Warner asked Judge Golden if he had anything to discuss. I cannot tell you anything about the plan that the Sheriff is working on, I will say I am not aware of any issues. We really need to have this extended and discuss the funding. Bowling stated we are working on the plans and the man power issue. We are reassigning an Officer. There was discussion of the CARES ACT covering this under public safety and does not require a certain percentage to be worked. This would definitely fall under public safety with an Officer. Stephens stated if need be, we can check into Highway person if you fall short. Judge Golden stated that currently Lincoln County is shut down due to exposure, we are trying to prevent this from happening here. There was discussion of the resolution only being good for one week and having to extend that resolution as needed. Bowling clarified that this third deputy is temporary and not permanent. Vote as follow: Stephens - No, Warner - Aye, Smith - Aye.

Item #23: Motion was made by Stephens and seconded by Warner to approve expenditure of one Deputy to be paid out of the Use Tax Account to assist in additional staffing required due to COVID-19. There was discussion of this being one person and the Clerk's Office setting up a special pay code to track this expense. Mortazavi and Tandra McClellan, Payroll Clerk discussed the documentation needed for our office and the records for turning information into CARES-ACT. McClellan stated that payroll has been ran and we have two weeks of the person being paid out of Sheriff Account that will need to be tracked separately. Come August we can use that special pay code, we also need to remember that payroll is due by the 15th. This item will need to have approval each week as the resolution is required to have approval as well. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.

Public Comment: NONE

Adjournment: Motion was made by Stephens and seconded by Warner at 10:44 a.m. to adjourn and meet again 7-27-20. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye.