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2023-3-27 Meeting Minutes

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   March 27, 2023

The Board of County Commissioners of Creek County (BOCC) met in Regular Session on Monday, March 27, 2023 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 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 March 20, 2023. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #5: Motion was made by Warner and seconded by Whitehouse to approve contract from Dirt Road Data for the Assessor; Blanket Purchase Orders #5403 - 5422; Purchase Orders # 2022-2023 911 Phone ACCESS FEES 5358 OK COMMUNICATIONS SYSTEMS 221.44; FEES 4172 OKLA DEPT OF PUBLIC SAFETY 575.00; UTILITY 5359 A T & T 1882.14; 5367 A T & T 46.04; CBRI MATERIAL 2771 DUNHAM ASPHALT SERVICE INC 13105.67; Tinhorn 4969 DUB ROSS COMPANY 7872.90; Drug Court CONFERENCE 17 HUMAN SKILLS & RESOURCES INC 4044.44; DRUG COURT ADMIN SERVICES 18 HUMAN SKILLS & RESOURCES INC 14541.67; Drug Court Misdemeanor 16 HUMAN SKILLS & RESOURCES INC 7166.66; REGISTRATION 15 NADCP/JFV 895.00; REIMBURSEMENT 14 Farris, Laura 408.95; General AIR FRESHENERS 4777 Simply Scentsational 36.00; BOCC MINUTES 5112 SAPULPA DAILY HERALD 353.70; 5176 SAPULPA DAILY HERALD 343.80; BOTTLED WATER 2481 FIZZ-O WATER COMPANY 21.80; CONTRACT SERVICES 3683 OSU CO-OP EXT SERVICE 13333.33; EMPLOYEE ASSISTANCE PROG 5378 COMMUNITYCARE EAP 172.70; JANITORIAL 5181 M W PROKLEAN OF OKLAHOMA 1782.96; K-9 CARE 5035 ADVANCED CARE VETERINARY HOSPITAL 300.05; Labor & Equipment 278 CASTLECOM LLC 571.00; Maintenance 5365 WESTLAKE ACE HARDWARE OK-020 307.35; MAINTENANCE AGREEMENT 3682 XEROX BUSINESS SOLUTIONS SOUTHWEST 50.00; MATERIALS 3628 LOWES CREDIT SERVICES 480.66; OFFICE SUPPLIES 5223 Amazon Capital Services 101.99; 5224 MERRIFIELD OFFICE SUPPLIES 34.81; 5372 MERRIFIELD OFFICE SUPPLIES 27.18; POSTAGE STAMPS 5381 U S POSTMASTER 126.00; PROFESSIONAL SERVICES 4839 INCOG 3333.33; Rent 2483 B4 HOMES LLC 80.00; 5375 CREEK CO HOME FINANCE AUTH 2100.00; SERVICE 3655 A-1 REFUSE 20.00; 3821 COX BUSINESS 17.38; 3822 COX BUSINESS 156.42; 4200 COX BUSINESS 191.18; 4211 A T & T 41.23; 4781 AMERICAN WASTE CONTROL INC 196.00; 5056 COX BUSINESS 173.80; SERVICE AGREEMENT 3662 XEROX CORP 55.00; SUPPLIES 4609 MERRIFIELD OFFICE SUPPLIES 63.86; 4763 Amazon Capital Services 61.95; 5225 MERRIFIELD OFFICE SUPPLIES 1016.23; TIRES/DEPUTY CARS 5217 BRISTOW TIRE & AUTO SERVICE 556.16; TIRES/REPAIRS/DEPUTY CARS 5287 BRISTOW TIRE & AUTO SERVICE 111.00; TRAVEL 5362 McClellan, Tandra L. 119.87; UTILITY 4862 ATLINK SERVICES LLC 225.00; 4884 A T & T MOBILITY 85.62; 4907 A T & T MOBILITY 185.06; 5347 COX BUSINESS 69.52; 5349 O N G 423.63; 5350 COX BUSINESS 34.76; 5351 COX BUSINESS 37.22; 5353 COX BUSINESS 490.08; WATER 5374 FIZZ-O WATER COMPANY 26.85; Health LEASE 578 PITNEY BOWES INC 71.25; POSTAGE 387 Reserve Account 900.00; Salary/Benefits 4492 Okla State Dept Of Health 64102.60; 4493 Okla State Dept Of Health 84474.64; Supplies 4937 MERRIFIELD OFFICE SUPPLIES 386.77; TRAVEL 2782 Donnelly, Madison 73.36; 4498 Gore, Courtney 258.07; 5168 TATE, DEBBIE 275.10; UTILITIES 2830 CITY OF SAPULPA 160.97; Highway DRUG SCREENING 2661 GLOBAL 7 TESTING SOLUTIONS OKLAHOMA, LLC 50.00; EMPLOYEE ASSISTANCE PROG 5379 COMMUNITYCARE EAP 60.50; Fuel 5092 Offen Petroleum Llc 16062.36; HAULING 4759 MIKE WOFFORD TRUCKING & GRADING LLC 9884.92; PARTS & SUPPLIES 5114 LOCKE SUPPLY 586.50; PAYMENT 4868 SNB BANK 1556.98; Repairs 5148 Dobbs Dozer Service 2300.00; SERVICE CONTRACT 4618 EMCO TERMITE & PEST CONTROL INC 70.00; SIGNS 2503 TULSA COUNTY HIGHWAY CONSTRUCTION SIGNS 386.00; SUPPLIES 769 Jackson Pump & Supply 158.29; 5175 HOTSY OF OKLAHOMA 612.00; TESTING 4361 TotalSIR 36.50; Utilities 3848 A T & T MOBILITY 285.96; 4366 A T & T MOBILITY 285.96; 4490 A T & T MOBILITY 270.48; 4861 O G & E 588.66; 4893 O G & E 171.87; UTILITY 4909 A T & T MOBILITY 62.39; 4920 A T & T 229.00; WATER BILL 4903 CREEK CO RURAL WATER D#2 64.20; Hwy-ST asphalt overlay 4525 DUNHAM ASPHALT SERVICE INC 198132.00; EMULSIONS 4315 ERGON A & E INC 2146.78; HAULING 5149 MIKE WOFFORD TRUCKING & GRADING LLC 16426.88; MATERIALS 5118 XCESSORIES SQUARED 1857.00; Parts & Labor 4068 Dobbs Dozer Service 4000.00; 5276 JO-CO EQUIPMENT 711.60; PARTS & SUPPLIES 4367 BRUCKNER TRUCK SALES INC 387.48; Jail-ST CCJ MAINTENANCE 5200 Grainger 116.90; 5357 SPRINGDALE TRACTOR CO. 65.96; 5366 WESTLAKE ACE HARDWARE OK-020 73.96; CCJ PLUMBING SERVICES 4288 INDUSTRIAL MOTOR SERVICE LLC 3484.00; 5382 ASPEN PLUMBING LLC 385.00; EQUIP/SUPPLIES/ETC 5185 JORDAN SUPPLY 31.36; EXTENDED WARRANTY 5354 ITOUCH BIOMETRICS LLC 990.00; INMATE CLOTHING 4970 CHARM TEX 116.70; JAIL CLEANING SUPPLIES 5184 EMPIRE PAPER COMPANY 2002.60; UTILITIES GAS SERVICES 5390 O N G 336.06; Juv Dent-ST CCJ VEHICLE REPAIRS 4614 BRISTOW TIRE & AUTO SERVICE 47.60; DOOR MAINTENANCE 5199 SWEEPER FABRICATORS INC 685.00; FOOD 5041 SYSCO FOODS 2623.98; INSURANCE 5389 Guardian 38.79; JUVENILE DETENTION 5082 AIRCO SERVICE INC 965.66; PHONE & INTERNET SERVICES 5363 A T & T 792.37; REPAIRS/OVERHEAD DOOR 4977 SWEEPER FABRICATORS INC 1625.25; Planning/Zoning UTILITY 5346 COX BUSINESS 52.14; Resale AIR FRESHENERS 4188 SCENTS PLUS LLC 50.00; Supplies 5202 MERRIFIELD OFFICE SUPPLIES 73.75; 5226 MERRIFIELD OFFICE SUPPLIES 965.15; TEMPORARY EMPLOYEE 4073 DYNAMIC RECRUITING SPECIALIST 174.00; SH Commissary Commissary 4344 TIGER CORRECTIONAL 2273.38; SH Svc Fee FOOD FOR INMATES 4175 TIGER CORRECTIONAL 6454.10; 5285 TIGER CORRECTIONAL 6260.13; Tax Refunds MORTGAGE CORRECTION 152 CREEK COUNTY ABSTRACT CO INC 113.10; TAX CORRECTION 151 Jodi K Crane 248.00. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #6: NO DISCUSSION of new business. (In accordance with the Open Meetings Act, Title 25 O.S. § 311, new business is defined as any matter not known about or which could not have been reasonably foreseen within 24 hours of time of posting agenda.)

Item #7: Motion was made by Warner and seconded by Whitehouse to sign Transcript and Deed on property located in Harley Fulkerson 2nd Lot 6, Blk 2 in Drumright that was sold in public sale on 3-20-23. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #8: Motion was made by Warner and seconded by Whitehouse to sign Resolution#2023-28 rezoning request CCZ-2101 and lot split CCLS-2881-AAB Engineer LLC per recommendations of CCPC. Rezoning from Agricultural to Commercial on Tract A and Tract B to remain Agricultural to allow lot split. Tract A will be extending the Commercial use to allow for a new Dollar General Store. Tract will meet all requirements and will contain 1.72 acres more or less. Tract B will remain Agricultural and meet all requirements. Tract will contain 32.37 acres more or less and is not located in a flood zone.  The area is designated as Commercial in the Future Land Use Map, we have received a few phone calls. People are excited to see the growth of a new store. Warner stated this is a good use for the area and will benefit the rural folks. The CCPC recommended approval on 3/21/23, along with the Planning Office. Property located at the northwest corner of the intersection of HWY 33 And HWY 48 in Mannford.-Wendy Murray, Planner.  Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #9: Motion was made by Stephens and seconded by Whitehouse to sign Resolution#2023-29 rezoning request CCZ-2100-Amy Prosser per recommendations of CCPC. Rezoning from Light Residential to Heavy Residential to allow town houses with approval of BOA-469.  Tract will contain 2.18 acres more or less. The property must follow recommendations from the City of Sapulpa on sewer and the Creek County Flood Plain Management for water detention. Murray stated that to the north and west are light residential, east is turnpike and commercial and to the south is residential. In 2021 the planning received an application to have subject property rezoned to commercial district, the applicant withdrew the application, before it was denied. We have received a few call for concerns of effecting property value and traffic congestion. This tract will contain five two-story buildings with a total of thirty units and have a 26' wide road, as required by the City. The CCPC recommend approval on 3/21/23, along with the Planning Office. The Board discussed the hydrology reports that will be needed for the drainage. Property located at 10572 S. 49th W. Avenue Sapulpa, OK 74066.-Wendy Murray, Planner.  Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #10: Motion was made by Warner and seconded by Whitehouse to let for Bid#23-17 Courthouse Coping Repair to be opened on 4/24/23. The Board discussed the continuing leaky roof and now after several contractors have inspected the roof, it has come to the conclusion that the roof is not leaking it is the coping and the edges. There may be some other soldering required. BLK has designed the repairs. There was discussion of where the funds would come from, Stephens stated we have used Use Tax to this point, but we could look at other options. This may be something we present to the trust, as well. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #11: Motion was made by Stephens and seconded by Warner to award Bid#23-12 Metal Storage Building for the Fairgrounds to RD Simpson for $199,500.00 for the building and as funds are available the Alternates options of $3,200.00, $29,500.00 and $45,500.00 totaling $277,700.00 per recommendations of Jonathan Kieffer, Fairground Representative. Kieffer stated that the Fair Board had reviewed all bids and would like to award to the lowest and best bidder RD Simpson. We would like to add the alternative options to the bid, as well. Stephens discussed the shortage of funds due to the rental deposit not be apportioned yet, this will be done within the next two weeks and they will have all funding for the project. The Board stated the vendor has done work within the districts and does a good job. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #12: Motion was made by Stephens and seconded by Warner to let for Bid#23-15 Food and Commissary Services for the Creek County Justice Center to be opened on 5/1/23. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #13: Motion was made by Warner and seconded by Whitehouse to adopt a Citizen Participation Plan for community development needs for a Community Development Block Grant (CDBG) for the 2023 Grant Application. Megan Douglas, INCOG Representative spoke about the grant. Douglas stated the county has not applied for this grant in sometime. This grant is for Rural Water Districts, Cities or Towns, the grant is for water, and waste water assistance. The County will apply for the Rural Water entities and can submit one grant application a year for up to $600,000.00. The public hearings were also briefly discussed for the grant process. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #14: DISCUSSION ONLY on Public Hearing on community development needs for a Community Development Block Grant (CDBG) for the 2023 Grant Application. There was discussion if a motion was required to open and close the public hearing. Andrew Goforth, Assistant District Attorney stated it is not required, as we allow public comments during the hearing. This is usually utilized where there are no public comments allowed during the hearing. Douglas stated that the application is due by May 03, 2023. This grant can cover engineering. INCOG will assist with the inputting in the OK Grants and the County will be responsible for submitting the application. Douglas briefly discussed the funds being tied to HUD Funds, so 51% of the community must have low to moderate incomes. INCOG will assist the entity applying with income survey's if needed. There was one entity present to discuss request of grant application. Creek County Rural Water District #7, Charles Linnet presented the Board with a rough quote of the repairs of the fourteen items needed to the water district. We also have our DEQ Consent Letter and their recommendations. Douglas stated that she would estimate the request of repairs more around $250,000.00 or more to include engineering that is currently not in Mr. Linnet's request.  The Town of Mounds will be applying for the same grant for sewer request. Stephens and Douglas stated this is a competitive grant, as well. There were thirty-one applicants for the last grant and seven was funded. This is also not a matching grant, if the grant is approved for the amount requested it is all paid through the grant up to $600,000.00. This item was also discussed as the County being a pass-through of the grant funds and possible reporting that may be required. 

Item #15: Motion was made by Warner and seconded by Whitehouse to select and accept Creek County Rural Water District #7 for the Community Block Grant as the 2023 grant application, up to $600,000.00. Stephens discussed the reason for abstaining from the motion and vote process. As a customer of the water district you are not just a customer you are a member to the board as well. So, for the best interest I abstained from the action of this item.  Vote as follows: Stephens - Abstained, Warner - Aye, Whitehouse - Aye.

Item #16: Motion was made by Warner and seconded by Whitehouse to sign Resolution#2023-30 adopting the Community Development Grant requesting assistance from the Oklahoma Department of Commerce. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #17: Motion was made by Warner and seconded by Whitehouse to authorize the Chairman to Execute the Application Documents for the 2023 Community Development Block Grant Application for the Creek County Rural Water District #7. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #18: Motion was made by Warner and seconded by Whitehouse to sign Resolution#2023-31 updating the Creek County Hazard Mitigation Plan between Creek County and INCOG. Covey Murray, Emergency Management Director spoke to the Board on the proposed plan. We have been working on the plan since 2017, with COVID and all that has happened we have finally completed the plan. There was discussion of the communities participating in the plan as follows: City of Bristow, Drumright, Sapulpa and Town of Kellyville, Kiefer, and Mannford. Public Schools participating are Bristow, Mannford and Mounds. Jurisdictions that originally participated but are not this time are as follows Public Schools Drumright, Gypsy, Kellyville, Olive, Allen Bowden, Depew and Oilton. And Towns/Cities not participating are Mounds and Oilton. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #19: Motion was made by Warner and seconded by Whitehouse to sign Resolution#2023-32 designating unused real property of the County as unneeded for courthouse or jail purposes and requesting the Judge Golden of the District Court appoint disinterested freeholders of the county to appraise the property so that it may be sold. Property is located at the northwest corner of South Creek Avenue and West 2nd St. South intersection in Drumright. Warner stated we have tried to sale this property in the past to willing buyers, but the deal did not go through. The property is currently dilapidated and needing to be cleaned up, we do have an interested buyer and have to go through this process to remove property from being county-owned. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #20: Motion was made by Stephens and seconded by Whitehouse to submit a county action report for an addition to District #1 and approve the ODOT certified mileage map. Stephens asked if the other district had any correction. District #2 and #3 stated no it looks good to them. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #21: Motion was made by Stephens and seconded by Whitehouse to sign Resolution#2023-33 surplussing a Fargo DTC 4500e dual-sided ID card printer INV#0931, Serial #B7271437 for the Sheriff and Resolution#2023-33A disposing of the same to be junked. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #22: Motion was made by Whitehouse and seconded by Warner to sign Resolution#2023-34 removing Justin Evans and adding Jerry Henderson to Highway District #3 accounts (1102-6-4300-1110/T1A-3; 1102-6-4300-1320-T1C-3; 1102-6-4300-4110/T3-3; 1102-6-6530-2005; 1103-6-4300-4030/CBI-3; 1313-6-8043-2005/HTX2-3), and retaining Cindy Smith. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #23: DISCUSSION ONLY on discussion and possible action to consider surplus and disposal of equipment for Creek County District #3, this item was passed until next week.

Item #24: Motion was made by Warner and seconded by Whitehouse to approve Utility Permit from Oklahoma Natural Gas Company per County Specs for natural gas pipeline, by boring, size of line 2", to parallel W. 64th St. S. approximately 2.89 miles N. & 0.86 miles W. of US HWY 44 & ST HWY 364, further described as 373' W. & 1,628' S. of the N.E. corner of Section 2, T18N, R11E in District #2. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #25: Motion was made by Whitehouse and seconded by Warner to approve Utility Permit from AT&T Oklahoma per County Specs for fiber optic cable conduit, by bore and trench, size of line 1.25, size of casing 2, to parallel N. Frankoma Rd & Ridgeview St. approximately .3 miles W. of I-44, further described as 5200' W. of Section 23, T18N, R11E in District #3. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.

Item #26: Discussion and possible action regarding the American Recovery Plan 2021 funds directed to Creek County by the federal government. (1) Motion was made by Stephens and seconded by Whitehouse to receive and transfer Mobile Command Vehicle 28' custom purpose built purchased with ARPA Funds for the Sheriff. Vehicle has been received and now transferred to the Sheriff Project#1566-6.1-0400-4110m PO#3656 and 2011. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye. (2) No Road and Bridge Projects at this time.  

Public Comment: Stephens welcomed the Creek County Leadership class of 2023 and thanked them for being interest in what is happening in our county.

Adjournment: Motion was made by Stephens and seconded by Whitehouse at 10:19a.m. to adjourn and meet again on 4-03-23. Vote as follows: Stephens - Aye, Warner - Aye, Whitehouse - Aye.