February 10, 2009

Regular Session

Bonifay, Florida

The Holmes County Board of Commissioners met in a Regular Session on the above date with the following members present: Commissioner Kenneth Williams, Commissioner Ron Monk, Commissioner Jim King, Commissioner Phillip Music, Commissioner Monty Merchant, Chairman of the Board.

Mr. Brandon Young, County Attorney, was present.

Angie Jonas, Deputy Clerk, was present and kept the minutes.

Reverend Wesley Adams led the prayer and pledge.

Chairman Merchant opened the meeting.

Commissioner Music made a motion to approve the following consent items:

January 13, 2009 Regular Session Minutes

January 27, 2009 Regular Session Minutes

Gritney Volunteer Fire Department Lease Agreement

911 Grant Application

International Disaster Conference, Jerome Szczekot

The Board discussed the 911 grant application consent item for Clint Erickson, 911 Director, to attend the Spring State 911 Conference. Commissioner King stated that he is not in favor of the travel that is necessary for the conferences and asked if there are any conferences that require less travel. Mr. Erickson stated that the majority of the conferences have been held in south Florida and agreed by saying that he would also like to see some of the conferences held at a closer location. He explained that he was not planning to attend any conferences that are not grant funded. Commissioner Williams seconded the motion. The motion passed unanimously.

The Board discussed whether to go out for bid for County-use asphalt since the prior year’s bid with C.W. Roberts had expired. Administrator Wood explained that this was a favorable approach to bulk asphalt purchasing, and that the County was able to work on small projects last year without the necessity of re-bidding asphalt each time. Commissioner King made a motion to go out for bids for asphalt with the same specifications as last year. Commissioner Williams seconded the motion. The motion passed unanimously.

The Board discussed the boat ramp lease for Lake Cassidy. Administrator Wood stated that Plum Creek Land Company, which owns the boat ramp, had asked whether the County would be willing to lease the ramp area for a fee of fifteen dollars per year. He advised that the County would then assume responsibility for the maintenance of the ramp. He stated that it would be a great opportunity to keep the Lake open for public use. He also explained that a benefit would be that the County would have authority to dispatch law enforcement to the property as well. Commissioner King stated that he believed that because the County had maintained the road for so long, that it belonged to the County and was unsure why the County would need to pay for a lease. Administrator Wood clarified that the lease is only for the boat ramp area, not the road. Commissioner Merchant stated that he would like the Lake hours to be extended, to allow for nighttime fishing. Administrator Wood asked if it was the consensus of the Board to amend the contract if it was agreeable with Plum Creek Land Company. The Board agreed.

(Draft Lease)

Administrator Wood stated that Attorney Young had expressed an interest in resuming his duties as County Attorney and that he had submitted a letter rescinding his previous resignation. Attorney Young stated that he had discussed the position with Mr. Hess and had obtained consent to continue as County Attorney, should the Board so choose. He advised that the County would be his only civil client and that he did not foresee any conflicts of interest. Commissioner King stated that he would like to look at the other applications since the position had been re-advertised in the newspaper. Commissioner Williams made a motion to accept the letter of rescission from Attorney Young. Commissioner Music seconded the motion. The motion passed; with Commissioner King voting no, and all others voting yes.

(Letter)

Administrator Wood stated that he would like to change the order of the Administrator items. Commissioner King stated that he would like for the items to be addressed in the order in which they appear on the agenda. The Board proceeded with the next item on the agenda.

Administrator Wood stated that upon the completion of the new Emergency Operations Center (EOC) facility, the current Emergency Operations Center on Virginia Avenue be vacated. He asked the Board whether other departments should be relocated into the facility. He suggested locating all of the permitting offices such as the Building Department, 911, and the Health Department Environmental office in the former EOC to make it a “one stop permit office”. He stated that after further consideration, there would be conflicts in locating the Health Department Environmental office and 911 offices in the facility. He also stated that he had considered moving the Veterans’ Office to the facility so that the Women, Infants and Children (WIC) could occupy the old Gulf Power Building, however, there had been some issues such as parking and accessibility that would not be practical for these departments either. Commissioner King stated that he would like for the departments to remain where they are currently located. No action was taken on this item.

Administrator Wood revisited the Dangerous Animal Ordinance that had been tabled last fall. He asked the Board to look over the ordinance and suggest any changes. Commissioner Music asked that “nuisance animals” be added to the ordinance. Administrator Wood explained that this ordinance is meant to enforce State statutes. He clarified that per the ordinance, the regulations do not come into effect until an animal commits an unprovoked attack. Commissioner Monk asked the provisions for a “dangerous animal” that is brought into the County. Administrator Wood stated that per the statute, dangerous animals should be registered with the County. Commissioner Monk also asked how the determination would be made that the animals are sufficiently contained. Administrator Wood stated that it would be the responsibility of the owner to secure the animal as per the guidelines of the ordinance. Commissioner Williams asked whether the County would have any liability by not devising an ordinance. Attorney Young advised that if the County had approved an ordinance and had not enforced it, then there would be some liability. He also advised that if a private citizen were to try to bring suit against the County after being bitten, the matter would actually be a civil matter between individuals. Commissioner Williams stated that he could see some favorable points in the ordinance, but that it would be costly to enforce it. No action was taken on this item.

(Draft ordinance)

Administrator Wood stated that there is a change order for 177A to spend the remaining grant funds on drainage items. Mr. Melvin Rhodes, of Metric Engineering, stated that it may be possible to do some drainage in front of the school if the contractor agrees to continue the project for the remaining funds available. He also stated that he would be negotiating with the contractor regarding the cost of the additional services. Mr. Rhodes stated that there are two water lines that the County will need to look into moving so that the drainage project can proceed. Commissioner Williams made a motion to approve items “one through three” of the proposed change order, and should the contractor be unwilling to commence with the drainage work at the proposed price, that the items be prioritized. Commissioner Music seconded the motion. The motion passed unanimously.

(Change order proposal)

The Board discussed the Health Department air conditioning issue. Mr. Wayne Cartwright, of Wayne’s Heating and Air Conditioning, stated that after inspection of the unit, he had determined that it was actually the inside unit that is leaking, rather than the outside unit. He estimated the cost of repair for the inside unit to be about $1,500.00 and the cost for replacement to be $7,000-8,500.00. He advised that the age of both units was the same. Commissioner Monk asked whether it would be allowable to go out for bids. Commissioner Williams made a motion for Mr. Cartwright to repair the unit at a cost of $1,500.00 or less. The motion passed; with Commissioner Monk voting no, and all others voting yes.

Administrator Wood stated that there will be some upcoming Evaluations and Appraisals Report (EAR) meetings, one of which will be taking place during the next Planning Commission Meeting on March 9, 2009. Commissioner King stated that he would like for citizens with interest in this topic to be notified of this meeting. Administrator Wood stated that citizens will be notified regarding upcoming meetings.

Administrator Wood updated the Board regarding recent insurance negotiations. He stated that there had been a meeting last week with both insurance companies; Public Risk Insurance Agency (PRIA) and Public Risk Management (PRM). He stated that PRM had further reduced their prior price quotation for services, but that PRIA’s price had been seen by PRM. He advised that in order to make the process fair, new sealed bids are being requested from each company. He stated that he will be sending out a letter that would conditionally cancel coverage with PRM. He advised that there are some notable differences between the coverage of both companies and cited the example of wind storm coverage deductible differences. Commissioner Merchant encouraged the Board members to meet with Ms. Fitzpatrick, Insurance Coordinator and Administrator Wood.

(Letter)

Administrator Wood stated that he would like for the Board to advise him whether to discuss the City and County boundaries with the City of Bonifay. He stated that there has been some confusion at times when emergency response had been requested by citizens. He advised that there are several unincorporated areas of County property that lies within city limits, which adds to the confusion. Mr. Clint Erickson, 911 Coordinator, explained that the City is using the map that was included in the Comprehensive Plan to determine the City limit boundary and advised that unless a citizen asks for annexation, their property may not be included in the City’s jurisdiction. Administrator Wood stated that it would be a favorable idea to straighten out the boundary for future development to minimize confusion regarding utilities. It was the consensus of the Board for the Administrator to contact the City to discuss this issue.

Attorney Young updated the Board regarding the Shoo Fly Bridge lawsuit. He stated that it was ready to be filed and that he will bring information to the upcoming Board meeting.

Commissioner Monk updated the Board regarding the leak at the dam at Dogwood Lakes. He stated that the situation is very dangerous and that the best repair method is unclear. He advised that the underside of the pipe has a hole, rather than the top side as had been previously thought. Administrator Wood stated that Hatch Mott MacDonald is devising a repair plan. He advised that Dam Safety has explained that the pipe has rotted and needs to be removed from the dam. Commissioner Monk proposed installing a new pipe and filling the old one with concrete. Administrator Wood stated that the pipe is a “spiral pipe” and that the pipe must be lined before it may be filled, so that the pipe does not burst. Commissioner Monk stated that he will gather more information regarding this repair. No action was taken on this item.

The Board discussed the road ranking sheet for striping and reflective pavement markers. Previously, the Board had submitted a “wish list” of projects to the Department of Transportation (DOT) and the DOT had submitted a short list of projects for ranking by the Board. Commissioner Williams stated that CR177 and CR173 are in need of surface repairs before they are in need of striping. Chairman Merchant explained that CR 185 was the only road to qualify for the stimulus package resurfacing as it was on the Federal Aid System and was the only road in Holmes County, besides the interstate, that is classified this way. He explained that all of the County roads, all bridges and several county buildings were submitted on the “wish list” and that the short list consisted of several re-striping projects and only one resurfacing project. Commissioner Williams suggested looking for funding options for the paving projects for CR177 and CR173. Administrator Wood suggested lobbying for funds to be allotted to the Small County Road Assistance Program (SCRAP) and Small County Outreach Program (SCOP) to assist in the paving of roads such as CR177 and CR173. Commissioner Williams suggested using the ranking that had been previously completed by the engineer. Administrator Wood explained that he was unsure if all of the roads were part of the SCRAP and SCOP programs.

(Ranking list)

Chairman Merchant stated that he had a certificate of appreciation to present to Mr. Richard Willsey for his six years of service on the Planning Commission. He read the certificate aloud, even though Mr. Willsey was not present.

(Certificate)

Administrator Wood updated the Board regarding the Community Development Block Grant (CDBG) items. He stated that the application for Rum Road phase two and the Gritney Volunteer Fire Department project had been submitted, but that the grant had not been funded. He also stated that it is possible that stimulus funds may become available to fund the grant in the future. He advised that there may be an upcoming opportunity to pursue another CDBG Housing grant that may be used in conjunction with the State Housing Initiative Partnership (SHIP) Program funds.

Attorney Young stated that he appreciated the opportunity to be back as the County Attorney.

Mr. Ray Boswell, of the Holmes County Tax Watch, spoke regarding County owned properties and staffing issues.

Mr. Bennie Little, citizen, spoke regarding the litter ordinance. He asked when it would be discussed. Administrator Wood stated that the ordinance would be revisited at the next Board meeting.

Reverend Wesley Adams, citizen, spoke regarding hedge trimming.

Commissioner Music made a motion to adjourn the meeting. Commissioner King seconded the motion. The motion passed unanimously.

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Clerk Chairman