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2020-7-27 Meeting Minutes

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      July 27, 2020

The Board of County Commissioners of Creek County (BOCC) met in Regular Session on Monday, July 27, 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.

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 to approve the minutes of July 20, 2020. Vote as follow: Stephens - Aye, Warner - Aye, Smith - Aye. July 6, 2020 minutes will still have to wait for approval, until Whitehouse is able to be present due to Warner being absent.

Item #5: Motion was made by Warner and seconded by Stephens to approve Blanket Purchase Orders #716 - 746; Purchase Orders #2019-2020 General K-9 CARE 6633 RAY ALLEN MANUFACTURING 54.99; MAINTENANCE AGREEMENT 4030 XEROX CORP 58.34; Repair 6845 She Paints The Nation 500.00; SERVICE 6838 Dynamic Carpet Care LLC 247.00; TRAVEL 6461 Toothman, Olivia 22.08; Health PUBLICATION 6384 SAPULPA DAILY HERALD 43.50; Highway EQUIPMENT 6558 KELLPRO COMPUTER SOLUTIONS 299.00; Supplies 6705 WALMART 183.84; Hwy-ST ROAD MAT/DIST 3 6820 QUAPAW COMPANY, THE 2446.95; ROAD MATERIAL 6318 QUAPAW COMPANY, THE 13626.51; Juv Dent-ST JUVENILE DETENTION 6868 Merrifield Office Supplies 280.37; UNIFORM & ACCESSORIES 6848 G T DISTRIBUTORS 429.79; Planning/Zoning COPIER CHARGES 6815 Standley Systems 123.02;Resale Correction 6744 CREEK CO ABSTRACT CO 75.00; WORK COMP PREMIUM 5919 CREEK COUNTY COMMISSIONERS 406.26; Use-ST elevator installation 5256 OTIS ELEVATOR COMPANY 17438.60; ROAD MATERIAL 5031 QUAPAW COMPANY, THE 11540.54; 2020-2021 911 Phone SERVICE 676 A T & T 2235.96; WORK COMP PREMIUM 682 CREEK CO COMMISSIONERS 69.37; Crt Clk Revolving LEASE 7 XEROX CORP 590.37; Supplies 5 Merrifield Office Supplies 205.32;Excess Resale EXCESS RESALE 9 Nancy Jo Pettie 270.01; General ANNUAL FEE 632 Brooks Jeffrey Marketing Inc 2750.00; Care/Feed Animals 687 MID-AMERICA STOCKYARDS 394.08; CCSO VEHICLE REPAIRS 560 Midtown Auto & Diesel Repair Inc 432.00; COPIER CHARGES 137 Standley Systems 81.00; EQUIPMENT 537 Merrifield Office Supplies 895.00;INSURANCE PREMIUM 672 COMMUNITY CARE INSURANCE 607.96; 673 Guardian 146.59; Labor & Materials 120 CITY WIDE PLUMBING, INC. 663.00; MEMBERSHIP DUES 691 SOCIETY FOR HUMAN RESOURCES MANAGEMENT 219.00; OFFICE CLEANING 546 Amazon Capital Services 71.74; OFFICE FURNITURE 636 LOWES CREDIT SERVICES 213.90; PEST CONTROL 117 EMCO TERMITE/PEST CONTROL INC 300.00; REIMBURSEMENT 638 NAPIER, TRACY 10.00; REPLACE WINDSHIELD 542 Safelite Fulfillment Inc 99.97; SALARY 59 OSU CO-OP EXT SERVICE 16333.33; SERVICE 71 PATRIOT SECURITY SYSTEMS INC 15.00; 77 A-1 Refuse 18.00; 644 Imagenet Consulting LLC 707.40; 661 A T & T 76.36; 662 A T & T 111.48; SERVICE AGREEMENT 70 XEROX BUSINESS SOLUTIONS SOUTHWEST 50.00; UTILITIES 666 O N G 123.37; 692 CITY OF SAPULPA 155.16; Health LEASE 183 DOTCOM LEASING LLC 445.00; Supplies 187 Merrifield Office Supplies 98.91; 586 Merrifield Office Supplies 231.92; TRAVEL 171 SMITH, BETH 134.55; Highway CELL PHONE 292 U S Cellular 255.44; SERVICE 289 Tri-Fab Trash Service 80.00; 314 A T & T 224.28; 663 A T & T 53.30; SOFTWARE 520 KELLPRO COMPUTER SOLUTIONS 3762.00; T-SHIRTS 355 Witty Ideas 108.80; UTILITIES 344 A T & T MOBILITY 245.97; WATER BILL 326 CREEK CO Hwy-ST FUEL 566 ETHRIDGE OIL 9395.14; Maintenance 274 SIGNALTEK 30.00; SERVICE & SUPPLIES 205 SAFETY-KLEEN 132.50; Jail-ST AIR CONDITIONER 394 MGM MECHANICAL 2725.00; CCJ PHONE AND INTERNET SERVICES 685 A T & T 273.29; CCJ VEHICLE REPAIRS 374 Midtown Auto & Diesel Repair Inc 633.00; PEST CONTROL/JAIL 668 SILVER BULLET PEST CONTROL, PEST SERVICES INC 110.00; UTILITIES ELECTRIC SERVICE 629 O G & E 5711.06; 630 O G & E 88.72; 631 O G & E 71.44; UTILITIES GAS SERVICES 635 O N G 195.72; WORK COMP PREMIUM 683 CREEK CO COMMISSIONERS 9378.33; Juv Dent-ST INTERNET SERVICE 628 COX COMMUNICATIONS 1668.54; WORK COMP PREMIUM 684 CREEK CO COMMISSIONERS 5192.41; Resale EQUIPMENT 575 Merrifield Office Supplies 699.99; LABOR 576 WACOM SYSTEMS 45.00; PUBLICATION 689 SAPULPA DAILY HERALD 38.60; RM&P WORK COMP PREMIUM 679 CREEK COUNTY COMMISSIONERS 9.52;SH Commissary Commissary 675 TIGER CORRECTIONAL 1691.63; SH Svc Fee FOOD FOR INMATES 634 TIGER CORRECTIONAL 4609.06; TOWING 633 A & W TOWING 115.00. Vote as follows: 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 Stephens and seconded by Warner to waive fees on new application process, due to applicant withdrawing application CCZ-2013 and CCLS-2687-Corey Barnhart and Emily Washington and filing for new application asking for light residential for both tracts. Wendy Murray, Planner spoke about 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. Murray reviewed information from last week 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. Murray also presented pictures of the area. We drove the area and Block 2 has no mobile, Block 1 has single and double wide mobiles. There was discussion of the difference between a mobile home and a modular home, Murray stated a modular home is considered a stick home in the county regulations. Andrew Goforth stated that a modular home is attached to the land, as a mobile is not. We found back in 1984 someone tried to do a lot split for mobile and then withdrew their application. Stephens stated the area was platted back in 1965 and our zoning regulations were in place in 1967. Stephens spoke to Barnhart and asked if modular home would be on a foundation, Barnhart stated it will be and it will have a front and back porch. Barnhart stated he has spoken to thirteen neighbors and none of them are against the rezone. There was discussion if the Board has the authority to change the both tracts to light residential, bringing them into compliance with the county regulations. Goforth stated that we cannot make a change from the original application, due to notifications that have to be sent out. We can have applicant withdrawal and submit a new application for the light residential. Roberta Nevels property owner stated to the board once you let one mobile in more will come. Nevels requested to see the list of signatures from neighbor's state are okay with the rezone. Murray stated she can get that information for them. There was continued discussion of different option for the tracts of land. Stephens confirmed with Barnhart that he is okay with the extra costs for buying a modular home, Barnhart stated yes and agreed to withdrawing the original application and applying for a new one requesting both tracts to be light residential. Stephens stated that he didn't think that Barnhart should have to bear the cost of the new application and stated the board has the authority to waive the costs. Warner confirmed with Barnhart that he is okay with the new process and the new timeframe being a month out. Barnhart stated yes, we just want to get it done right. Ashley Drake, Planner and Murray stated that this then will go before the CCPC on August 18, 2020 and then be before the BOCC on August 24, 2020, if we can get the steps completed this week. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #8: Motion was made by Warner and seconded by Stephens to sign Resolution#2020-92 changing speed limit to 25 MPH for W. 139th St. S., east of HWY 16 in Drumright, only the County Maintained portion of road, located in District #2. Warner stated they have received several complaints of speeding; we need to make this road safer to travel and reducing the speed for the ½ mile stretch will help. Warner stated the current speed limit is 45 MPH and the road just cannot handle that. Warner stated that the road is not fully county maintained and we are just changing what is county maintained. Goforth stated that there is a map attached to the resolution, you will need to highlight the portion changing, then submit to the Sheriff's Office and ODOT, once that has been confirmed received by both entities', new signs will need to be placed. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #9: Motion was made by Stephens and seconded by Warner to accept Bid#21-1 One or more New or Used Road Graders for District #2, with financing and pass for one week until 8-3-20 to review. Bids submitted by Kirby-Smith Machinery, Equipment Share, Yellowhouse Machinery Co, Warren Cat and Welch State Bank. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #10: Motion was made by Stephens and seconded by Warner to accept Bid#21-2 County Owned lots to be mowed in the Sapulpa Area and pass for one week until 8/3/20 to review. Bids submitted by SourceOne Management Services, Inc. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Bid #11: DISCUSSION ONLY/NO ACTION to award or deny Bid#20-15 Chip Seal and Asphalt Overlay Project for one week until 8/3/20 for District #3 to review. Smith stated he has not been able to discuss this with Whitehouse yet, we need another week. Jana Thomas, Purchasing Agent stated that she has spoken to Whitehouse and she will be sending over information for Cindy and Roy to review.

Item #12: Motion was made by Warner and seconded by Stephens to award written quotes to replace (4) 5-ton split system a/c units and gas furnace for the Sheriff's Office to Air Comfort Inc. for $22,400.00 per recommendation of Paul Farris, Project Coordinator, as per Title 61 O.S. § 101-138 and to be paid out of 1301-1-800-2005/GA2. Other quotes received from Mayberry Enterprises, LLC, AirCo Service, Inc. Paul Farris, Project Coordinator spoke to the board, two units have been down for a week and I am recommending that we replace all four due to the age and condition of the other two. They are from 1999 and need to be replaced. There was discussion of eleven units total with five having already been replace, we are now going to replace four more, this leaves two left to still replace. Stephens asked Thomas to reach out to Air Comfort and see if they can send the warranties over digitally for you to keep, once that has been done, we will encumber a po. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #13: Motion was made by Stephens and seconded by Warner to sign Resolution#2020-93 directing the Creek County Treasurer to credit the Creek County Sheriff Maintenance and Operations Account 001-2-0400-2005/B2 with $8,584.84 from ACCO for repairs to a damaged vehicle from a June 24, 2020, accident, as per Title 62 O.S. §  335, procedures implemented by the State Auditor's Office. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #14: Motion was made by Warner and seconded by Stephens to sign division order between Creek County and Coffeyville Resources Refining & Marketing, LLC on property located in Section 33, T18N, R9E. Stephens stated the interest is 0.00244628. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #15: Motion was made by Stephens and seconded by Warner to sign Juvenile Detention Contract between Creek County Board of County Commissioners and Lincoln County for $50.00 per day, per child. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #16: Motion was made by Stephens and seconded by Warner to sign Inter-Cooperative Agreements with the City of Bristow and Kellyville Public Schools in District #3.  Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #17: Motion was made by Stephens and seconded by Warner to create accounts pursuant to the letter from the State Auditor's Office and divide funds received from the appropriations of SB 1888 CIRB Funds as follows: District #1 20%, District #2 38% and District #3 42%. Andrew Goforth, Assistant District Attorney spoke to the Board, this item was passed last week based on agenda item to take action for this week. I have consulted with Attorney's on different options on breaking this money down. This money is the 35% of collected State CIRB funds that is in ODOT's control, then distributed to the counties. The monies are from motor vehicle stamps and licenses. Statute 68 O.S. § 500.4(A) and 4(B) discuss the formula for gasoline tax and how it is distributed. The State Auditor sent out letter, which then lead to an HWY Fund account being created, then Road District Sub-accounts per district, within the Chart of Accounts. I have spoken to a Civil ADA and there is not clear method defining how these monies are to be broken down. With this discussion we have found other issues pertaining to this and will further be discussed at some point. Nothing at this point says you must follow one specific statue; the guidance just doesn't exist yet. All I can say is that the breakdown should divided by what will best serve the most people of the county, some counties have modified their breakdown and some un-waivered by the current breakdown. I will present the Board with three options that can be used, first is 1/3 rule population, 1/3 certified road mileage and 1/3, geographical area, this includes nine municipalities, but excludes Sapulpa, Lawrence Creek , Stroud and Shamrock; second is by taking the entire population of the County and minus out Sapulpa, there were population methods discussed with the board and their breakdown would be D1-14%, D2-41% and D3-45%, using the rural population by statue would be D1-13%, D2-42% and D3-45%. The population method can be used as the Board sees fit. Third is the total population of the county, the breakdown would be D1-18%, D2-38% and D3-44%, all of these methods are examples that can be used with the appropriation bill. Goforth went through each breakdown and the percentage that would then go to each district. This doesn't include your high traffic counts, population density areas and your minor/major road collectors.  Goforth stated that INCOG and their GIS division have been wonderful to work with and very helpful. Warner asked which formula does the State use to distribute the funds to the county, it was stated that they use the Rural Population method. We will never agree on the factor that is to be used, but I lobbied for this funding for deteriorated roads within the rural areas of the county. Stephens discussed the ODOT Certified Road mileage, I will fight to the end that we do what serves the most people of the county. Warner asked Stephens if he had done traffic counts, because I have. Stephen stated no. Warner discussed the increased costs within the sixth month bid due to locations of District #2 and #3. There was also discussion of how many miles Districts 2 and 3 have that are graveled compared to District #1 with only 3 miles. There was further discussion of the current state of the gravel roads and that this monies was to be used on the deteriorating roads, Stephens are we going to then let the ones that are in good condition deteriorate and work on only the deteriorated ones, we have always made efforts to put the money toward the needs. Warner stated this is additional monies, from what we already receive, we will continue to do what we can, but this is to help with the current state of our roads. There was discussion of how the current funds are split within the districts and the 10% that goes into the all account. Stephens stated I was thinking of using the same formula, but splitting the 10% that would have gone to the all account even between District #2 and #3. Which would be close to your numbers you are wanting. There were also strong discussions of population and how many people are within the areas that District #1 serves, you have a lot of area that the City of Sapulpa maintains. Stephens stated when the new line from the districts are done, then we will all have even number of miles of roads. Warner stated that this is not the formula that I would use, but I will entertain the efforts from you. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #18: DISCUSSION ONLY/NO ACTION on approving Utility Permit from B & H Construction at 6600 West Canyon Road approximately 1 mile east of HWY 66 in District #1. Stephens stated that this is located within the City limits of Sapulpa and should be approved by the city not county.

Item #19: Motion was made by Smith and seconded by Warner to approve Utility Permit from Creek County Rural Water District #1 per County Specs for waterline by boring, size of casing 1" poly to cross Slick Rd approximately 0.2 miles of Slick Rd & W. 201st St. S. further described as 1143' N. of the S.W. corner of S.E. of Section 10, T16N, R10E in District #3. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #20: Motion was made by Stephens and seconded by Warner to sign Resolution#2020-94 directing the Creek County Treasurer to credit Creek County Election Board Maintenance and Operations Fund 001-1-2200-2005/SL2 with $1,200.26, for reimbursement for COVID supplies required to have the June 30, 2020, election, originally submitted by the Oklahoma State Election Board, as per Title 62 O.S. § 335, and procedures implemented by the State Auditor's Office. Mortazavi stated this amount being reimbursed from the State is not included in the County Cares reimbursement. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #21: Motion was made by Warner and seconded by Stephens to sign Resolution#2020-95 directing the Creek County Treasurer to credit Creek County General Government Maintenance and Operations Fund 001-1-2000-2005/R2 with funds from the Creek County Court Clerk's Office for reimbursement of utility payments, in the amount of $1,911.20, as per Title 62 O.S. § 335, and procedures implemented by the State Auditor's Office. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #22: Motion was made by Warner and seconded by Stephens to sign Resolution#2020-96 directing the Creek County Treasurer to credit the Creek County General Government Maintenance and Operations Fund 001-1-2000-2005/R2 with funds from Westlake Ace Hardware in the amount of $48.36, as credit for returned item, as per Title 62 O.S. §  335, and procedures implemented by the State Auditor's Office. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #23: Motion was made by Warner and seconded by Stephens to sign Resolution#2020-97 directing the Creek County Treasurer to credit the Creek County General Government Maintenance and Operations Fun 001-1-2000-2005/R2 with funds from East Central Electric Cooperative in the amount of $83.60, as credit for capital credits generated when East Central revenue exceeds costs, as per Title 62 O.S. § 335, and procedures implemented by the State Auditor's Office.  Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #24: Motion was made by Warner and seconded by Smith to extend Resolution#2020-87 one more week until 8/3/20. Stephens asked if anyone has any updates on this item. Murray reported the current active cases as of Sunday were 107 from 76 on Wednesday. Warner stated we have seen a 50% increase from last week. The Board asked Judge Golden how the Courthouse was doing, Golden stated that so far everything is going well, we ask that you continue to extend the resolution. There was discussion of a new resolution needing to be produced each week, Goforth stated they can just continue the original resolution each week until it is not needed. Warner stated he has known several people that has had COVID and they are not running fever, so I don't know how effective the temperature taking actually is. Warner stated this doesn't look like it is going away anytime soon. Vote as follows: Stephens - No, Warner - Aye, Smith - Aye.

Item #25: DISCUSSION ONLY/NO ACTION to consider authorizing use tax funds for the Sheriff's Office for temporary additional staffing at the Courthouse for COVID-19 restrictions, as required by the Board. This item was discussed and Mortazavi stated that no action really needed to take place until 8/3/20 agenda, due to person or person already being paid from the Sheriff's Account. We will submit the weeks of 8/20 and 8/27 for CARES reimbursement. Stephens stated if CARES doesn't reimburse then the Sheriff can petition the Board for the amount to be reimbursed.

Public Comment: NONE

Adjournment: Motion was made by Stephens and seconded by Warner at 11:02 a.m. to adjourn and meet again 8-3-20. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.