February 24, 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.

Mr. Ray Riley led the prayer and pledge.

Chairman Merchant opened the meeting.

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

February 2, 2009 Special Session Minutes

February 10, 2009 Regular Session Minutes

Miscellaneous Appropriations Agreement: Bay Cares

Miscellaneous Appropriations Agreement: Holmes Creek

Soil & Water Conservation District

AHAC Board Member Replacement

Commissioner Williams stated that he would like to discuss the Miscellaneous Appropriations Agreement for Bay Cares separately. Commissioner Music amended his motion to approve all of the consent items, with the exception of the Miscellaneous Appropriations Agreement for Bay Cares. Commissioner Williams seconded the motion. The motion passed unanimously.

The Board discussed the Miscellaneous Appropriations Agreement for Bay Cares. Commissioner Williams stated that $73,000 is being paid through the Health Care Responsibility Act (HCRA) for indigent health care services as per State mandate. He also stated that it was his understanding that the physicians are donating their time to the program, and that the money is being used for salaries and benefits of the company running the program; not necessarily being used for indigent care anyway. Commissioner Monk asked whether indigent health care could be sought by other means. Commissioner Williams stated that it was his understanding that it could be. Commissioner Williams made a motion not to pay the Appropriations Agreement for Bay Cares. Commissioner King seconded the motion. The motion passed with Commissioner Monk, Commissioner Williams and Commissioner King voting yes, and all others voting no.

The Board discussed the Local Mitigation Strategy (LMS) Resolution #09-01 and project list. Commissioner Williams asked whether the projects were ranked on the sheet or if they were randomly listed. Administrator Wood explained that the numbering system of the list does have some significance; however the availability of funding for projects may move projects up the list. He also explained that a committee which includes Mr. Clint Erickson and Mrs. Wanda Stafford are responsible for assembling the list. He asked the Commissioners to submit any projects to him that may need to be added to the list. Commissioner King made a motion to approve the project list and Resolution #09-01. Commissioner Music seconded the motion. The motion passed unanimously.

(Resolution #09- 01 & project list)

Commissioner Merchant opened the Property & Casualty Insurance sealed bids. The following bids were submitted:

Public Risk Management (PRM)/World Risk Management $323,798.00

Public Risk Insurance Agency (PRIA)/Brown and Brown 318,706.00

Administrator Wood stated that there are outstanding claims in the amount of $19,250.00 that the County would incur going with Brown and Brown. Commissioner Williams asked for clarification regarding the $19,250.00, specifically whether the outstanding claim amount was included in the bid price of PRM and also if it would be an additional cost added if PRIA was awarded the bid. Mr. Andy Cooper, of PRM, confirmed that the outstanding claim amount was included in the bid price. He also explained the deductibles of PRM. He stated that PRM is responsible for the first two percent up to $200,000.00 to be paid out of PRM’s loss fund. Commissioner King made a motion to award the bid to PRIA. The motion died for the lack of a second. Commissioner Music made a motion to award the bid to PRM. Commissioner Williams seconded the motion. The motion passed with Commissioners King and Merchant voting no and all others voting yes.

(Bids)

Commissioner King made a motion to go out for bids on the property and casualty insurance next year. Commissioner Monk seconded the motion. The motion passed; with Commissioners Williams and Music voting no and all others voting yes.

The Board discussed the parking lot striping at the Library and sealing and striping for the Courthouse front and southeast parking lots. Administrator Wood advised that Mr. Cody Taylor, Clerk of Court, had stated that the Courthouse portions of the paving may be paid from fines and forfeitures funds. He advised that the Board would be responsible for the Library lot striping costs. Commissioner King stated that he would like the inmates to repaint the lines at the Library. The Board agreed. Chairman Merchant stated that someone will check on prices for the project. Administrator Wood stated that he would speak with Mr. Taylor regarding whether the side parking lots of the Courthouse should be included in the sealing and striping project. Commissioner Williams made a motion to go out for bids for sealing and striping for the Courthouse lots. Attorney Young advised that a caveat should be added that the Board has the right to accept or reject any and all bids. Commissioner Williams agreed to amend his motion to include the caveat. Commissioner Music seconded the motion. The motion passed unanimously.

The Board discussed the Inmate Catastrophic Medical Coverage agenda item. Commissioner Merchant read the memo regarding this item which stated that the coverage had been paid by the Sheriff’s Department Inmate Welfare Fund in the past and the Department is concerned that this was not a legitimate expense from this fund. He read that the policy coverage ended February 1, 2009. Captain Barnes, of the Jail, stated that per Florida statute, the funds could be utilized for this use with the Sheriff’s permission. He also stated that normally these funds are utilized for hygiene items like soap and toothbrushes. He explained that the cost of the policy is $2,100.00 monthly. Attorney Young asked whether the property coverage general liability limits of PRM would cover an instance where an inmate sustains an injury such as a fall because of a defect in the building on county property. Mr. Andy Cooper, of PRM, stated that if it was the fault of the County, PRM would respond. Attorney Young advised that he had found that as a result of his research, most Counties use the Inmate Welfare Fund for necessities at the Jail, and normally do not pay this expense from this fund. Commissioner Williams made a motion to go out for bids on the coverage. Commissioner King seconded the motion. The motion passed unanimously.

Administrator Wood revisited the junk ordinance. Previously, the Board had tabled this item for review. Administrator Wood asked the Board for suggestions regarding the revision of the ordinance. He stated that Mr. Cody Taylor, Clerk of Court, had suggested imposing citations that are a civil fine which are the equivalent of a traffic citation as a form of penalty. Commissioner Williams stated that he would like to examine the previous litter ordinance so that a more clear definition could be determined regarding “junk, trash and litter”. Attorney Young advised that provisions should be addressed in the ordinance regarding levels of penalty. He explained that the County would contract with the State Attorney’s office in Panama City to prosecute such cases generated by the ordinance. Commissioner Monk asked whether anyone had been appointed to make such decisions. Administrator Wood stated that the complaint driven system would begin the process of investigation. No action was taken on this item.

(Draft Litter Ordinance)

Administrator Wood presented his report from a recently attended Arthropod training program in Ocala, Florida. He stated that by attending this training, he had completed all of the necessary training units for the year to fulfill his certification requirements to remain eligible for grant funding. He asked the Board if they would be interested in seeing reports from department heads after they have attended training sessions. The Board agreed by consensus.

(Arthropod Report)

Administrator Wood presented the Landfill Report. He stated that there are some erosion issues at the site. He suggested using the County’s sod cutter along with inmate labor to harvest sod to be placed at the site to resolve the issue. Commissioner Monk asked whether there were any restrictions regarding the type of vegetation that may be used. Administrator Wood advised that Mr. Shep Eubanks of the Extension Service may be able to provide information regarding this. No action was taken on this item.

(Landfill Report)

Administrator Wood stated that the water meter at the Jail is in need of replacement and that the Department of Environmental Protection (DEP) may fine the City if this repair is not completed soon. He explained that previously the meter was not functioning properly so it was returned to Badger Meter Company, but the company was unwilling to honor the warranty as it was difficult to determine when the meter had stopped functioning. Commissioner King stated that he believed that the water meter had already been replaced at the Jail last November. Administrator Wood clarified that the meter at the Courthouse had been replaced, and that a “spacer” meter had been installed at the Jail in anticipation of the return of a new meter under warranty. He advised that Mr. Jack Marell, of the City of Bonifay, had a meter for sale at the price of $800.00, which would include shipping and handling and asked the Board whether to purchase it. He explained that Mr. Eddie Whitehurst, Special Projects Manager, could install the meter. Commissioner Williams made a motion to purchase the meter. Commissioner Music seconded the motion. The motion passed; with Commissioner Monk voting no and all others voting yes.

Administrator Wood updated the Board regarding the 177A project. Previously, the Board had discussed ditch filling in front of the Bonifay Elementary School. The Board had authorized Mr. Melvin Rhodes, of Metric Engineering, to negotiate with the contractor to complete the ditch filling with remaining grant funds. He stated that the ditches are considered wetlands and that the permitting process would take too long. He asked the Board to consider installation of solar powered flashers or end wall installations at Tracy and Ridgeline Streets as alternate projects. No action was taken on this item.

Commissioner Monk updated the Board regarding the leak at the Dogwood Lakes Dam. He advised that he is still pursuing a solution to the problem, and stated that he has been speaking with Mr. Ron McNeil, the State and Mr. Cody Taylor, Clerk of Court. He stated that Mr. Taylor had advised him that it may be possible to utilize Gas Tax Funds for this repair because the Dam is part of the Road.

Administrator Wood updated the Board regarding the Highway Two boat ramp on the Choctawhatchee River. He stated that photographs had been taken of the site and that they had been sent to the Fish and Wildlife Conservation for comment. He advised that Fish and Wildlife Conservation will have engineers look at the issue and offer a recommendation. He stated that Boater Improvement Funds may be utilized for this project.

Chairman Merchant stated that he had visited Representative Evers’ office last Thursday, and that the County was left out of the Stimulus Plan. He stated that the smaller Counties had been passed up and that the larger Counties would be receiving money. He advised that it had not been discussed whether the County’s requests for enhancement or re-striping projects would be excluded as well.

Chairman Merchant stated that revenues have decreased extensively due in part to State funding reductions as well as a steep decrease in permitting fees. He stated that there will be a Workshop to discuss budget issues on Monday, March 9, 2009 at four o’clock in the afternoon.

Mr. Bennie Little spoke regarding Litter Ordinance enforcement.

Mr. Tim Templeton, of PRIA, thanked the Board on behalf of his company for the opportunity to bid for the County Insurance.

Ms. Cecelia Spears, Reporter of Holmes County Times, asked whether the Board will be considering applying for other stimulus funds. Administrator Wood stated that the County will be applying for Housing Grants totaling $750,000.00 in the hopes that the funds can be treated as disaster funds to be combined with State Housing Initiative Program (SHIP) money to begin building more affordable housing for area residents in need.

Commissioner Merchant advised that per DOT, it may be possible that the Parrott Creek Bridge project could be taking place sooner than was previously estimated.

Commissioner Merchant thanked Mr. Wayne Cartwright, of Wayne’s Heating and Air Conditioning, for the repair of the heating and air conditioning unit at the Health Department.

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

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Clerk Chairman