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2020-12-21 Meeting Minutes

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       December 21, 2020

The Board of County Commissioners of Creek County (BOCC) met in Regular Session on Monday, December 21, 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, Whitehouse absent, First Deputy Roger 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: DISCUSSION ONLY/NO ACTION on consideration of approval or disapproval of meeting minutes of December 14, 2020. Stephens stated this would have to be approved at a later date, due to lack of attending members present to approve.

Item #5: Motion was made by Warner and seconded by Smith to approve Error Correction $1,279.63 from 1565-1-2000-1110 Cares Salary Commissioners FY2020-2021 to 1565-1-2000-2005; Blanket Purchase Orders #3480 - 3523; Purchase Orders #2020-2021 911 Phone UTILITIES 3394 Verizon Wireless 87.70; CARES REIMBURSEMENT EQUIPMENT 3071 VIP TECHNOLOGY SOLUTIONS GROUP LLC 420.39; SUPPLIES 3256 MERRIFIELD OFFICE SUPPLIES280.00; 3325 MERRIFIELD OFFICE SUPPLIES 183.26; 3400 MERRIFIELD OFFICE SUPPLIES 1279.63;General AIR FRESHENERS 2988 Simply Scentsational 18.00; ANNUAL MEMBERSHIP DUES 3343 United States Police Canine Assoc 50.00; AWARDS 3253 STANDARD DISTRIBUTING CO 64.50; BOCC MINUTES 3324 SAPULPA DAILY HERALD 232.20; BOTTLED WATER 3005 FIZZ-O WATER COMPANY 33.75; BRAKES/ROTORS 3163 Midtown Auto & Diesel Repair Inc 766.17; CONTRACT SERVICES 2981 Standley Systems 109.56; CREMATION 3225 GREEN HILL FUNERAL HOME 185.00; EQUIPMENT 3214 G T DISTRIBUTORS 1259.49; INTERNET SERVICE 3391 COX COMMUNICATIONS 1090.25; Law Books & Services 2775 Thompson Reuters- West 2226.00; 2777 Thompson Reuters- West 325.33; Maintenance 3327 Midtown Auto & Diesel Repair Inc 183.80;MEMBERSHIP FEES 3384 United States Police Canine Assoc 50.00; MONTHLY CHARGES 3404 EAST CENTRAL ELECTRIC COOP 409.00; OPEN/CLOSE GRAVE 3251 GREEN HILL FUNERAL HOME 185.00; POSTAGE MACHINE FEE 3433 U S POSTMASTER 240.00; REPAIRS 2331 Midtown Auto & Diesel Repair Inc 794.92; 2521 Midtown Auto & Diesel Repair Inc 828.88; SERVICE 2395 U S Cellular 90.85; 2658 Verizon Wireless 160.04; 2661 COX COMMUNICATIONS 175.76; SUPPLIES 3398 MERRIFIELD OFFICE SUPPLIES 20.37; TRAVEL 2142 TROUT, CHRISTINE 84.35; UNIFORM & ACCESSORIES 2416 BAYSINGERS UNIFORMS AND EQUIPMENT 906.34; UTILITIES 3342 VERIZON CONNECT NWF,INC 16.19; 3378 CITY OF SAPULPA 129.65; 3383 O N G 232.91; 3392 Verizon Wireless 1845.83; UTILITY 3403 EAST CENTRAL ELECTRIC COOP 433.00; 3405 O N G 442.46; 3406 CITY OF SAPULPA 616.77; Health INSPECTION 3434 HOLLON FIRE PROTECTION LLC 77.00; Salary/Benefits 724 Okla State Dept Of Health 83186.31; SERVICE 1571 Vital Records Control 66.80; Supplies 3019 MERRIFIELD OFFICE SUPPLIES 148.31; 3076 MERRIFIELD OFFICE SUPPLIES 159.45; 3240 MERRIFIELD OFFICE SUPPLIES 312.47; 3306 O2 For U Inc 580.00; TRAVEL 842 DEARMAN, SHEREE 126.50; 1267 Payne, Kellie 27.60; 1271 DEARMAN, SHEREE 25.30;UTILITIES 2368 O N G 104.68; Highway INTERNET SERVICES 2854 A T & T MOBILITY 40.04; MEMBERSHIP DUES 3397 NACO 1399.00; PIKEPASS FEE 2550 OKLAHOMA TURNPIKE AUTHORITY 16.10; Stamps 3341 US POSTAL SERVICE 55.00; UNIFORM 2587 UniFirst Holdings Inc 1372.09; UTILITIES 3091 O G & E 447.03; UTILITY 3146 A T & T 224.67; 3149 O G & E 34.71; Hwy-ST parts 3316 MAXWELL SUPPLY OF TULSA INC 60.97; PARTS AND SUPPLIES 2534 ATWOODS 317.16; Parts & Supplies 3141 C3 INDUSTRIAL LLC 499.14; PARTS, SUPPLIES, LABOR 1403 WARREN CAT 500.43; ROAD MATERIALS 2541 ERGON A & E INC 1058.06; SIGNAL LIGHT 3125 SIGNALTEK 30.00; Jail-ST Maintenance 3347 Midtown Auto & Diesel Repair Inc 599.20; PLUMBING SERVICES 3385 Allied/Headrick Plumbing 713.00; REPAIRS/JAIL 3382 OKLAHOMA WHOLESALE OVERHEAD DOORS LLC 147.00; SERVICE 3310 CREEK ENVIRONMENTAL SOLUTIONS LLC 135.00; SUPPLIES/JAIL 3211 MERRIFIELD OFFICE SUPPLIES 840.46; UNIFORM & ACCESSORIES 2413 BAYSINGERS UNIFORMS AND EQUIPMENT 898.09; 2415 BAYSINGERS UNIFORMS AND EQUIPMENT 906.34; UTILITIES 3388 O G & E 58.57; 3389 O G & E 70.59; 3390 O G & E 2829.47; 3395 Verizon Wireless 371.29; 3424 O N G 234.47; 3425 CITY OF SAPULPA 2277.06; Juv Dent-ST FOOD 2848 SYSCO FOODS 2609.96; JUVENILE DETENTION 3196 MERRIFIELD OFFICE SUPPLIES 451.24; UTILITIES 3387 O G & E 928.06; 3393 Verizon Wireless 87.70; Resale AIR FRESHENERS 1096 SCENTS PLUS LLC 48.00; Supplies 3238 MERRIFIELD OFFICE SUPPLIES 152.97;SH Commissary Commissary 3344 TIGER CORRECTIONAL 1627.48; 3402 TIGER CORRECTIONAL 2255.37; SH Svc Fee FOOD FOR INMATES 3345 TIGER CORRECTIONAL 5652.90; MEDICAL SERVICES/JAIL 3414 Turn Key Health Clinics LLC 29291.60; Tax Refunds TAX CORRECTION 31 Dianne Blecher 100.00; 32 CREEK CO TREASURER 102.00; 33 CREEK CO TREASURER 72.00; 34 CREEK CO TREASURER 0.00; 35 CREEK CO TREASURER 9.00; 36 CREEK CO TREASURER 9.00; 37 CREEK CO TREASURER 52.00; 38 CREEK CO TREASURER 52.00; 39 Joyce And James Jackson 166.00; 40 Integrity Title And Closing Llc 241.00; 41 John And Kathryn Helstrom 204.00; 42 Miller, Lisa 136.00; 43 Jack Or Jan Walker 171.00; 44 Mary Jo McCabe 6.00; 45 Jarrett Rector 7.00; 46 Apex Title & Closing Service LLC 234.00; 47 Hugo Naifeh 80.00; 48 BANCFIRST 255.00; 49 Central Bank Of Oklahoma 100.00; 50 Jerry And Barbara Thompson 104.00; 51 Central Bank Of Oklahoma 128.00; 52 Jared Devaill 142.00; 53 Jerry And Linda Pigg 208.00; 54 Cliffta Freeman 56.00; 55 Hugo Naifeh 146.00; 56 Mike And Leslee Naifeh 231.00; 57 Beverly Carol McBride 228.00; 58 Geary Brown 5.00; 59 Ann Doudican 1.00; 60 Jack And Cindy Lister 227.00; 61 Cascade Financial Services 272.00; 62 Mr Or Mrs D R Brittle 2.00; 63 Blaine A Waynes Jr 24.00; 64 Ronald And Marla Wresche 219.00; 65 Larry Lee Scott 111.00; 66 Richard Yocham 106.00; 67 Dianne Belcher 212.00; 68 Judy Carr 15.00; 69 CREEK CO TREASURER 86.00; 70 Mccaslin John L & Ruby J 113.00; 71 Lesley Davison 34.00; 72 Dianne Belcher 45.00; 73 Executives Title & Escrow LLc 248.00; 74 Conrad F Bowers 612.00; 75 Conrad F Bowers 90.00; 76 James W Wakefield JR & Helen E Wakefield 335.00; 77 Hugo Naifeh 158.00; 78 Wade Or Jean Parham 135.00; 79 Gary L Or Sharon S Brown 213.00; 80 Central Bank Of Oklahoma 96.00; 81 Rickard A Brooks 69.00; 82 Wade Or Jean Parham 95.00; 83 Central Bank Of Oklahoma 108.00; 84 Hugo Naifeh 121.00; 85 Shipman Paula M 104.00; 86 Hugo Naifeh 111.00; 87 Hugo Naifeh 64.00; 88 Wade Or Jean Parham 118.00; 89 Chad Edwards 944.00; 90 Glover, Charles 118.00. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #6: 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. Andrew Goforth, Assistant District Attorney stated that the County Clerk has received an application and amended application from Vista Solutions Inc. to provide telecommunications within our region. Mortazavi has forwarded you a copy of the application for the Board to review.

Item #7: Motion was made by Stephens and seconded by Warner to sign cover sheets for project J/P2861-Three Bridges, assigned to Guy Engineering, for District #3. Aaron, Guy Engineering Representative stated this project is ready, all paperwork is complete. We will be submitting this to ODOT Wednesday, with the possible extra funding that may come available, we are wanting to get this project ready to let late May. With several other counties not having projects ready, this has freed up some extra funding. Project was scheduled for 2022, Stephens stated it is good to see this project coming full circle, it has been on the 8-year plan since 2011. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #8: DISCUSSION ONLY/NO ACTION update on Stormwater Program-Matt Ryan, INCOG. Ryan spoke to the Board, we have 7 square miles of urbanized area within Sapulpa/City of Tulsa for stormwater. We are subject to regulations within this area, we have received our inspection last year and had no re-inspection this year. We will be working on renewing our 5-year permit, there has been some category changes, so Creek County now fall within Category 1, where standards are lesser than category 1. I am hoping to receive the permit by April, with the new changes I will write a new plan for our urbanized area and present to the Board. Ryan stated everything is going fine and we have not had any issues. Stephens reminded Ryan to get with him after the first of the year to complete the Stormwater signs.

Item #9: DISCUSSION ONLY/NO ACTION on discussion with counsel regarding authorized uses of the various county highway department funds. Andrew Goforth discussed his research over the past year over a five-year review of purchase orders. Goforth presented the following to the Board: The Constitution of the State of Oklahoma at Article 10, Section 19, provides that every action constituting a tax levy shall specify the purpose of said tax levy, and that no tax shall be devoted to another purpose. All money raised or appropriated for use on county highways, regardless of source, shall be designated as the County Highway Fund.  This is the over-arching classification for accounts with a purpose which specifically includes county roads. In Creek County, this includes 4 sub-categories of accounts: Coded previously as T accounts, including all its subaccounts, governed by 68 O.S. § 500.6 generally, See also 69 O.S. § 1503. Any expense on county highways that in the judgment of the BOCC would be just and equitable and for the best interest of the county. Specifically mentions road lighting and storm debris and/or animal carcass removal as being appropriate. These accounts are further limited by very few cases/opinions, but cannot be spent on registration fees and dues for conferences and professional associations or the salary of elected official, unless specifically stated in purpose (which none exist at the time of this conversation). 1971 OK AG 285, 1984 OK AG 21. Coded previously as CBRIF account, including all its subaccounts, governed by 69 O.S. § 665. These funds are restricted by statute to bridge and road inspections, classifications, and evaluations, engineering costs (including internal employment costs of an engineer), right of way acquisition and utility relocation, roadway structure build/repair less than 20 feet in length, all costs associated with development of road standards as applied to county roads, signs and sign inventory for county roads, all costs associated with constructing a bituminous surface treatment (chip seal or asphalt) or gravel roadway. See 69 O.S. § 665(B)(1)-(8). Coded previously as HTX2 and all its subaccounts, governed by Local Resolution 2016-40 0.333% sales tax for purpose of constructing and maintaining roads, bridges, and improvements to the County Highway System, and/or be applied or pledged toward the payment of principal and interest on any indebtedness, including refunding indebtedness, incurred by or on behalf of Creek County, Oklahoma for such purpose, such sales tax commenced 1/1/2017 and terminates 1/1/2027.It is my understanding that historically, a restrictive interpretation was generally given to that language. However, statutory and administrative guidance, as well as extensive discussion with the auditor's office, provides the following: These funds are limited to expenses on the County Highway System, which pursuant to 69 O.S. § 601 and local resolution, is the system of public roads adopted by this Board, including those added, and excluding those removed, by action of the Board since the original adoption of the Official Creek County Road Maintenance Inventory. Later referred to as county roads. The more difficult issue is defining the acts of constructing, maintaining, and improving said roads for the purpose of clarifying appropriate expenditure of these funds. As discussed in State ex rel. Howard v. Crawford, 16 P.3d 473, 477 (Okla. Ct. App. 2000), a reasonable measure of flexibility is allowed in a statement describing how tax proceeds will be spent, as long as the general purpose of the proposition is approved by the voters. That is, a broad definition of a term or series of terms should be used when no specific project is outlined in the text of the proposition. In another instance opined on by the Attorney General in 2004 OK AG 32, that definitions generally embrace anything which aids or makes easier the performance of the activities involved in the word being interpreted. Further it was opined that this includes a number of functions relating to the term. Here, we have a voter approved proposition stating the general purpose of the tax is for constructing, maintaining, and improving county roads. That is, these funds are appropriately expended when used to aid or make easier the performance of constructing, maintaining, and improving the county roads. With this legal guidance in mind, I discussed these issued with the auditor's office in an attempt to further clarify the interpretation. The language of the proposition does not clearly set the limits of expenditures according to statutory definitions, which I will cover in depth momentarily. Instead, these funds are appropriately expended when the purpose of an expenditure follows this definition: All items, articles, equipment, personal services, and materials used in the construction or reconstruction, repair, and maintenance of roads, bridges, highways, streets and alleys by the usage of force account labor, rentals and repairs on machinery and equipment, premiums on surety bonds and insurance, and all construction or reconstruction, repair, and maintenance of roads, bridges, highways, streets and alleys accomplished under the terms of a contract. SB1888 funds, including all its subaccounts (redirected CIRBF funds from state) Given the purpose: "for the construction or reconstruction of roads and bridges" by 69 O.S. § 507, but given further guidance by 47 O.S. § 1104(L)(8)(b) which provides these funds are for maintenance and operations of the highway fund purpose: 68 O.S. § 3010 provides 3 statutory classifications of expenditures: personal services, maintenance and operations, and capital outlay. Each of the items of appropriation as hereinafter defined and enumerated shall represent, in the broadest permissible sense, a specific purpose, and each such item of appropriation shall be the estimate made and approved for such purpose, subject to encumbrance and expenditure therefor under restrictions otherwise provided by law. The distinctive functional purpose of each shall be that assigned by statute, charter or ordinance to the office, board, commission or department for counties, cities and towns, and to quasi-municipal boards serving a particular function but lacking corporate powers. As applied to each, except where otherwise provided by law, the terms used shall be applied in meaning as follows: the term "personal services" is defined to comprehend all salaries, wages, per diem compensation, fees where the only compensation of the recipient is the fees earned, and all allowances or reimbursement for travel expense where authorized by law and/or defined by law, paid to any officer, deputy, employee or other individual for services rendered or employment in relation to the office, department or subdivision of the municipality, including such items as fees and mileage of witnesses and jurors when paid from the general fund, fees of constables and justices of the peace and all other fees, compensation or remuneration paid to individuals or persons who have only their professional, technical or vocational skills and services to sell. In the departments of roads and highways and/or streets and alleys the term "personal services" shall comprehend all items so defined hereinbefore and shall be further specifically defined to include such items as salaries, wages, per diem compensation and all other compensation or remuneration paid to engineers, surveyors, mechanics, truck drivers, tractor and grader operators, carpenters, etc., for professional, technical and vocational skills and services rendered in relation to employment by or within such department or subdivision of the municipality. The term "maintenance and operation" is defined to comprehend all current expense except those items herein defined as "personal services" and/or "capital outlay," and "sinking funds," including all items, articles and materials consumed with use, rentals on machinery and equipment, premiums on surety bonds and insurance, all maintenance and repair accomplished according to the conditions of a contract, and all items of expense paid to any person, firm or corporation who renders service in connection with the repair, sale or trade of articles and commodities. In the departments of roads and highways and/or streets and alleys the term "maintenance and operation" shall comprehend all items so defined hereinbefore, and shall be further specifically defined to include all items, articles and materials consumed with the use in the repair, maintenance, construction or reconstruction of roads, bridges, highways, streets and alleys by the usage of force account labor, rentals on machinery and equipment, premiums on surety bonds and insurance, and all repair and maintenance accomplished under the terms of a contract. The term "capital outlay" is defined to comprehend all items and articles (either new or replacements) not consumed with use but only diminished in value with prolonged use, such as new, or replacements of, machinery, equipment, furniture and fixtures, all real properties, and all construction or reconstruction of buildings, appurtenances and improvements to real properties accomplished according to the conditions of a contract. In the departments of roads and highways and/or streets and alleys the term "capital outlay" shall comprehend all items so defined hereinbefore and shall be further specifically defined to include the cost, and all expense incurred in relation thereto, of rights-of-way or other real property necessary for the construction of roads and highways and/or streets and alleys as the case may be. Provided, that the State Auditor and Inspector may add or substitute, and define, other items of appropriation where necessary to fulfill special functions therein required, but such items shall always be the fewest that will fulfill the requirements of the Constitution or Legislature. Today is just discussion and this will become part of the purchasing handbook and adopted by the Board at a later date. There was discussion of different scenarios of uses of vehicles when paid out of the HTX-2 accounts. Stephens disagreed with some of what Goforth set forth. Warner had questions along with some concerns of how you manage that. Jana Thomas, Purchasing Agent asked the Board if their driver were required to fill out a trip sheet, all said no. Stephens asked Goforth if he would develop a cheat sheet for the districts and the secretaries, so that everyone is on the same page of what can be purchased out of what accounts. Goforth agreed to assist in this. This will be discussed further at a later date, this is just information and has not be adopted yet, as far as policy.

Item #10: Motion was made by Warner and seconded by Stephens to let for Bid#21-8 Finishing of Concrete for Multiplex Barn at Fairgrounds to be opened 1/19/20. Tina Trout, Fairgrounds Representative stated this would be excavating the remaining dirt out of the multiplex and matching the concrete like the front the building has. We will be removing the horse stall's as well; this will allow the buildings use to be more than just stock shows. Warner asked how big is the building Trout stated 200 x 70, the area is 130' back from entrance and east/west 70'.  The Board asked if Jana Thomas, Purchasing Agent was good with project, Thomas stated yes. And the Fair Board has already approved item as well. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #11: Motion was made by Stephens and seconded by Smith to appoint Leon Warner as Creek County LEO (Locally Elected Official) representative for 2021 Tulsa Workforce. Warner stated he has been working to re-establish this board and would like to see it through. The Board used to consist of four counties, now we are looking at eleven being a part of it. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #12: Motion was made by Stephens and seconded by Warner to sign Division Order between Creek County and Edinger Engineering, Inc., on property located in Section 23, T17N, R10E (1.01229840 interest). Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #13: Motion was made by Stephens and seconded by Warner to sign Resolution#2020-162 directing the Creek County Treasurer to credit the Creek County General Government 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 $88.45, 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 #14: Motion was made by Warner and seconded by Warner to sign Resolution#2020-163 directing the Creek County Treasurer to credit the Creek County General Government Insurance Fund 001-1-2300-1222/R4 with funds from Benefit Resources, Inc., in the amount of $146.59, as per 62 O.S. § 335, and procedures implemented by the State Auditor's Office. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #15: Motion was made by Warner and seconded by Smith to extend Resolution#2020-87 one more week until 12/28/20. Warner stated we have had over 400+ positive cases over last week. Stephens stated as of last Friday we had 45 new cases, totaling 413 active cases. The Saturday before we had 418, so we have dropped a few. Warner stated I believe deaths to be at 57 currently. Warner stated I don't see why we should change what we have been doing. Vote as follows: Stephens - No, Warner - Aye, Smith - Aye.

Item #16: Motion was made by Warner and seconded by Stephens at 10:38 a.m. to recess until 3:00 p.m. for the purpose of conducting interviews for the County Project Manager position.  Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye. Motion was made by Stephens and seconded by Warner to call meeting back to order at 3:04 p.m. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Item #17: Motion was made by Warner and seconded by Smith to enter into Executive Session at 3:05 conducting interviews for the County Project Manager position. This Executive Session is authorized by 25 O.S. §  307(B)(1), as it pertains to the discussion of prospective individual salaried public employees. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye. Motion was made by Warner and seconded by Stephens to come out of Executive Session at 3:51 p.m. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.

Public Comment: NONE

Adjournment: Motion was made by Stephens and seconded by Warner at 3:51 p.m. to adjourn and meet again 12-28-20. Vote as follows: Stephens - Aye, Warner - Aye, Smith - Aye.