August 11, 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 and Commissioner Monty Merchant, Chairman of the Board.

Mr. Brandon Young, County Attorney, was present.

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

Mr. Dinkins led the prayer and pledge.

Chairman Merchant opened the meeting.

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

July 28, 2009 Regular Session Minutes

Panhandle Public Library Cooperative System re-appointment of

Mr. Donald Ethridge

Solid Waste Franchise Agreements:

Waste Management

Household Disposal

Family Refuse

Pay Request #1 from Hatch Mott MacDonald for C. W. Roberts- Roping

Road

The Board discussed the Broadband Technology Resolution. Mr. Jim Brook, of the Development Commission, spoke regarding the Resolution #09-11 in support of the application by the Opportunity Florida Program for stimulus funding of rural broadband services. He advised that it should be noted that the County may only participate in one Rural Broadband Technology Opportunity Program order for this application to maintain eligibility. Commissioner Williams made a motion to approve Resolution # 09-11. Commissioner Music seconded the motion. The motion passed unanimously.

(Resolution #09-11)

The Board discussed the canvas replacement and repair quotes for the Board Building canopies. Attorney Young advised that it was unclear which type of material had been quoted by one of the vendors. Commissioner Williams made a motion to table this item so that more information could be collected. Commissioner Music seconded the motion. The motion passed unanimously.

The Board discussed the Contractor Review Board/Licensing Board selections. Commissioners King and Monk stated that they had already turned in their nominations. No further discussion followed.

The Board discussed the plans for the Jack’s Creek Development. Mr. Roger Williams, Building Inspector, stated that he was trying to gather more information regarding this project. Commissioner King made a motion to table this item, so that more information could be gathered. Commissioner Music seconded the motion. The motion passed unanimously.

Chairman Merchant opened sealed the motor grader bids and Attorney Young read them aloud. Speaking regarding this topic were the following vendor representatives:

Mr. Scotty Birch, Beard Equipment

Mr. John Edwards, ASC Volvo

Commissioner King advised that one vendor had stated that he would give $49,000.00 for the trade in on the eleven year old Caterpillar grader that is being replaced. Attorney Young advised that trade in equipment had not been included in the bid specifications, and should not have been considered. Mr. Steve Parish, of Thompson Tractor, clarified that his company’s bid included a buyback of three years rather than five. Mr. Cody Taylor, Clerk of Court, stated that it would be a favorable idea to go out for bids for financing. Commissioner Music stated that although the bid for the Caterpillar equipment was higher, he would like to purchase the Caterpillar brand model and clarified that he had not considered the trade in equipment. Commissioner Music made a motion to award the bid to Thompson Tractor for the Caterpillar 140M model. Commissioner King seconded the motion. Chairman Merchant asked whether it should be included in the motion for the County to check on financing. Commissioner Music stated that it should have been included in his motion. The motion passed; with Commissioner Williams and Chairman Merchant voting no, and all others voting yes.

(See Bid Summary)

Chairman Merchant opened the sealed bids for the excavator lease and Attorney Young read them. The lease term included in the specifications was six months with the option to purchase. Commissioner Monk made a motion to award the bid to Tractor and Equipment Company for the lease of a Komatsu excavator. Commissioner Music seconded the motion. The motion passed unanimously.

(See Bid Summary)

The Board discussed the Bay Cares pay request agenda item. Previously, the Board had discussed this item, and no action had been taken. Ms. Holly Segers of the Health Department stated that there were forty-seven patients being cared for under this program, and that they had not been declined assistance, however additional referrals had not been made to this program because of the funding conflict. Ms. Julia Rushman, Community Project Monitor for Bay County Health Department, stated that while there had been some prior confusion regarding the calendar year which the County operates on, and the fiscal year which their program operates on, the County had made their last payment in October of 2007. Mrs. Alice Vickers, Finance Supervisor, explained that while the County had contributed to the program in prior years, the Board was not statutorily obligated to do so. She advised that a funding agreement had not been approved in a Board meeting and that the Board had also chosen not to participate during the 2003-2004 fiscal year. Commissioner Williams asked if the Health Department would be able to contribute funds to this program. Ms. Segers advised that she was unsure if funds would be available, and that she would look into this matter. Commissioner Monk stated that he would be in favor of the implementation of a capped County contribution of $5,000.00. Ms. Rushman asked for resolution to this issue. Commissioner Williams offered a motion to fund the $9,390.00 pending Ms. Rushman reaching an agreement with the Bay Cares Board that this amount was for funding through September 30, 2009, and that future funding requests would be capped at $5,000.00 per County fiscal year. Commissioner Music seconded the motion. The motion passed; with Chairman Merchant voting no, and all others voting yes.

The Board discussed the compensation request for Mr. Gregory Wood, former County Administrator. Attorney Young advised that he had reviewed the request and stated that the contract itself had not been ended before the completion of its term. He also stated that although Administrator Wood had expressed some confusion as a result of the contract terms, this issue had been clarified with him by the end of his tenure. No action was taken on this item.

(Letter of Request)

Mr. Howard Yates delivered his public apology as a requirement of his court ordered retribution.

(Letter)

Mr. Dick Walton discussed the conditions of Wayside/Wright’s Creek Park on Highway 79. He stated that the pump was inoperable, even though it has been repaired last year. He also asked the Board to consider tearing down the restroom area and replacing them with a portable toilet. He advised that the current Sheriff’s administration had provided more deputy presence in the area, but that alcohol and vandalism were still very serious issues. The Board discussed several ideas for resolution of these issues; however, no action was taken on this item.

Mrs. Wanda Stafford, Emergency Management Director, presented draft bid specifications for the lime rock and geotextile fabric specifications for upcoming Federal Emergency Management Agency (FEMA) storm related repairs. Commissioner King stated that he would like to examine the proposed limestone material as he had some concerns regarding the possibility that the material may contain oyster shell. Mrs. Stafford stated that Walton County had been utilizing this material, but that she was unsure of its durability. No action was taken on this item.

(Draft Specifications)

Mrs. Stafford updated that Board on the Highway 173 FEMA project. She stated that the project had been closed Monday, August 10, 2009 She also advised that she would be requesting funds for Roping Road FEMA Project soon.

Mrs. Wanda Stafford stated that she had an upcoming meeting on Thursday to discuss the Hurricane Ivan closeout. She stated that the small projects should be closed out and that the final invoice should be requested soon.

Mrs. Wanda Stafford stated that she was requesting $7,116.00 in administrative fees as reimbursement from FEMA for her hours that she spent working on the Emergency Management Center (EOC) building project. She asked the Board if it would be allowable for this money to be put back into the Emergency Management budget for furniture purchases. Commissioner Williams asked whether this funding may be utilized for future grant matching funds. Mrs. Stafford explained that her department had not recently received an increase. Commissioner Williams asked her to bring a list of proposed furniture purchases for the Board to review. No action was taken on this item.

Commissioner Williams asked whether a reevaluation of the Spring Valley Bridge could be conducted as the cost of materials had come in at a cost that was higher than the bridge appraisal. No action was taken on this item.

Chairman Merchant asked whether culvert pipe could be ordered. Mrs. Stafford stated that it could, and explained that three large projects had been approved. Chairman Merchant stated that he was in favor of the projects being bid as a unit rather than in smaller increments and that Mr. Cody Taylor, Clerk of Court, had advised that the culverts should be put out for bids.

Mrs. Wanda Stafford stated that her office had been trying out a copier unit that also had scanner and facsimile capabilities and advised that she would speak with the Board at a later date regarding this item.

Chairman Merchant stated that he had spoken with Mr. Clint Erickson regarding accrual of Comp Time during his lunch breaks. He advised that Mr. Erickson had stated that a prior Chairman had approved for him to work through his lunch periods. He also stated that he believed that Mr. Erickson should take his lunch periods. Commissioner Williams agreed and stated that it should be the “rule of thumb” that he takes his lunch. Commissioner Monk agreed and stated that Mr. Erickson should set a lunch period so that the public will know when the office will be open. He also suggested adjusting recordings so that callers will also be aware of office hours as well.

Commissioner Music asked for clarification on the earlier discussion regarding Wayside/Wright’s Creek Park. Commissioner King stated that Mr. Eddie Whitehurst, of the Parks and Recreation Department, would be looking into this. Commissioner Music stated that he had visited the park and confirmed that the pump was not working. No action was taken.

Attorney Young advised that he had reviewed the agreement with CDG Engineers for landfill monitoring and that the total contract price listed was $10,982.00. Mr. Nolan Baker, Engineer, stated that site testing would begin August 24^th. Commissioner Music made a motion to authorize the Chairman to sign the agreement. Commissioner King seconded the motion. The motion passed unanimously.

(Agreement)

The Board recessed for fifteen minutes with Attorney Young exiting the meeting.

The Board reconvened for a road side trimmer presentation. Mr. Mike Pereny, of Alamo Industrial, presented information regarding his company’s product. Commissioner Williams stated that he had spoken with Attorney Young regarding this equipment purchase and that he had advised that action could be taken on this item, since it was offered at a State bid price. Chairman Merchant explained that it would be a favorable idea to confirm that funding was available for this purchase. Commissioner Williams agreed and stated that he would look into financing options for this equipment as well. The Board agreed by consensus to set a special session Tuesday, August 18^th at four p.m. for further discussion.

Since there was no further business, the meeting was adjourned.

________________________________ ______________________________

Clerk Chairman