2015-01-20 Regular Board Meeting Minutes

The Board of Commissioners of the South Walton County Mosquito Control District held its Regular Board Meeting at the Walton County Courthouse Annex, 31 Coastal Centre Boulevard in Santa Rosa Beach, Florida at 9:30 a.m.

The Commissioners attending the meeting were Ronald Faulk, Timothy Norris and John J. Magee. Also attending the meeting were Director Ben Brewer, Office Manager Geraldine Via, Attorney Rene Youell, Bonnie McQuiston, Michael Weimorts, Pat Magee, Kevin Bowyer, Kriss Faulk, Lloyd Blue, and Robert Hudson.

The meeting opened with a Prayer and Pledge of Allegiance to the American Flag.

Commissioner Magee performed the swearing in of Commissioner Faulk.

A motion was made by Commissioner Norris, seconded by Commissioner Faulk to approve the minutes of the December 16, 2014 Regular Board Meeting. 

Kevin Boyer, CPA with Warren Averitt, presented the summary report of the Annual Audit for Fiscal Year 2013-2014. He stated the financial statements are materially correct according to Generally Accepted Accounting Principles (GAAP). The District is in sound fiscal condition. He suggested Other Postemployment Benefits (OPEB) totals be funded and placed in a separate account. Commissioner Magee asked Mr. Boyer his opinion on the amount to sustain the District on the occasion that we were to have zero funding. Mr. Boyer recommended 3 to 6 months of operating reserves. He stated that the District currently has just under 6 months reserved. Mr. Robert Hudson expressed his opinion that the OPEB funds be set aside for the future. Mr. Boyer stated actuarial funds are usually set up in a trust. A motion was made by Commissioner Norris seconded by Commissioner Faulk to set up a trust for OPEB retirement fund. Motion passed unanimously.

Director Brewer presented the Financial Reports for December 2014.

Commissioner Magee asked for approval of the monthly expenditures list for the month of December 2014. A motion was made by Commissioner Norris seconded by Commissioner Faulk to approve the monthly expenditures. Motion passed unanimously.

Commissioner Magee recommended changing the March Board Meeting to March 18th due to a conflict with Tallahassee Legislative Days on March 16-17th. A motion was made by Commissioner Faulk seconded by Commissioner Norris to change the March 17th Board Meeting to March 18th at 9:30 a.m. Motion passed unanimously.

Director Brewer gave an update on the building. The Walton County Planning Department (WCPD) will not issue a permit that allows the District to expend more than half the value of the building into the repairs and upgrades after a flood event. Within the next five years we would not be able to get a permit for other repairs that may be needed.

Commissioner Magee stated he had a conference telephone conversation with Director Brewer and Hal Laird, Flood Plains Manager with Walton County. Mr. Laird will be joining the Board Meeting later. Commissioner Magee stated the Board will table that discussion and move forward.

Director Brewer stated that an appraisal has been done on the building by Humphrey and Associates. The building is valued at $375,000.00.

Commissioner Magee stated the website needs to be updated. Director Brewer stated he cannot update it at this time. A motion was made by Commisoner Norris, seconded by Commissioner Faulk to approve for the Director to move forward with the new web hosting company allocating $2,800 for the first year of rebuilding and structure. Mr. Hudson had concerns that we had not gone out for bid. Attorney Youell stated we are working under the State procurement policy. With lower contract amounts you can choose whether or not to go out for bid. Commissioner Magee suggested that we outline our expectations for the website. Commissioner Norris stated the payments should be paid in intervals so that we can make sure the agreement is honored and if not then the contract could be cancelled without any further payments being made. After discussion, motion passed unanimously. 

Commissioner Magee asked if the Department of Transportation (DOT) had been contacted in reference to the three ditches MC32, MC35, & MC36. Director Brewer stated that he has spoken to them. Attorney Youell suggested some form of a paper trail, whether it is as informal as an email or as formal as an interlocal agreement. Commissioner Magee asked her to draft an agreement.

Director Brewer introduced Hal Laird. Commissioner Norris stated he would like to make sure the Board is clear with the County’s position concerning the building.

Mr. Laird stated no ordinances have changed since 2009, as of October 2014 Walton County is a Community Rating System (CRS) community. By being a CRS community the taxpayers of Walton County will save about 20% on their flood insurance premiums this year.

Mr. Brewer had previously discussed with Mr. Laird doing the needed repairs and upgrades and writing the Letter of Map Revision (LOMR) to Federal Emergency Management Agency (FEMA) in order to bring the building out of the flood zone. If FEMA approved the LOMR Mr. Laird would be required to sign a Community Acknowledge Form which would state that the building is reasonably safe from flooding. He expressed that he could not do so because it could jeapordize the county rating within the CRS.

Mr. Laird stated that the building is considered a legal non-conforming structure. The county will issue a permit for repairs and improvements as long as the cost is less than 49% of the total value of the building. He understands that the District has received a second appraisal that sets the value of the building at $375,000 which would make the 49% threshold be $184,000. The District would not be allowed a permit to spend more than $184,000 on the building within the next five years. Commissioner Magee thanked Mr. Laird for his time.

Commissioner Magee stated the Board did approve the remodel so no motion is needed to go forward. He suggested establishing a five year building plan where we set aside funds in the budget each year for a new building in the future.

Director Brewer stated he had spoken with Diamond Cut Builders and they will need to be under contract prior to applying for needed permits. Commissioner Norris stated we have been waiting on some numbers within the estimate to be itemized in more detail. Commissioner Faulk suggested a one year warranty be included in the contract. A motion was made by Commissioner Norris, seconded by Commissioner Faulk to authorize Commissioner Magee to sign the contract on behalf of the Board with Diamond Cut Builders so long as the contract presented and negotiated upon meets the requirements of the Board which have previously been submitted with the initial request for proposal. Motion passed unanimously. Commissioner Norris agreed with Commissioner Magee on the five year plan for a new building and suggested looking at plans for the new building in advance.

Attorney Youell presented her report on the update letter. She stated the cell phone policy had been presented for review and suggested placing it on the agenda for next month. Director Brewer mentioned having Susan Merris, Human Resource representative, to review the policy.

Attorney Youell presented the first draft of the procurement policy for discussion. She asked the Commissioners to review it. She stated that the District has been following the state procurement policy and there have been no violations that she is aware of.

Attorney Youell discussed her opinion letter. She stated not much has changed in the Liles litigation. She has scheduled a meeting today with Mr. Liles’ attorney.

Commissioner Norris asked to break at 11:28 a.m. The meeting reconvened at 11:34 a.m.

Attorney Youell continued by stating she has contacted Attorney Mark Davis to discuss protocol and County Code Enforcement assistance in reference to public health warrants for entry to private property. She is working on a proposed protocol for the District, the Sheriff’s Department, the Health Department and County Code Enforcement to allow the District access when there is an issue of potential danger to public health. She stated this will take several months and asked for the Board to be patient.

She stated that she has been in contact with BMS CAT which are still owed $16,000. She stated her intent is to ask them to wait on that money until we get paid from Federal Emergency Management Agency (FEMA).

Attorney Youell stated that she had done some research to make sure the current employee reimbursement program is in compliance with Health Insurance Portability and Accountability Act (HIPAA) and other privacy law. She suggested possibly switching to a health savings account or similar program.

Commissioner Magee reminded the Board that he had requested the action items list from Director Brewer and Attorney Youell to be sent to him within two weeks of the Board Meeting. Attorney Youell should email it to all three commissioners. Attorney Youell stated the agenda is required to be published five days before the Board Meeting. Attorney Youell presented her monthly statement. A motion was made by Commissioner Norris seconded by Commissioner Faulk to approve payment of Attorney Youell’s monthly statement. Motion passed unanimously.

Director Brewer presented the Activity Report for the month of December 2014. He informed the Board that employee Norman Pruett passed his Public Health Pesticide Applicators exam and is now licensed. Director Brewer stated it is taking a long time to do the storm drains and he now can log in on the computer and look at the storm drains that have been mapped. The County is backing up the data as we go. There were two chickens positive for Highlands J virus in December. North Walton Mosquito Control had one positive chicken for Eastern Equine Encephalitis (EEE).

Director Brewer announced that the 2015 Annual Dodd Short Courses will be held January 26 through 30, 2015. He also informed the Board that he is on the Dodd Committee and will be there on Saturday and working all week. Commissioner Magee stated he and Commissioner Faulk will be attending.

Commissioner Magee announced Tallahassee Legislative Days will be held March 16 & 17, 2015. He also announced the American Mosquito Control Association (AMCA) Annual Meeting will be in New Orleans, Louisiana March 29 through April 2, 2015 and the South East Regional Mosquito Control Workshop is to be held on March 9 & 10, 2015 at the Florida State University campus in Panama City, Florida.

Commissioner Magee stated he had asked Director Brewer and Office Manager Via to mark the calendar on upcoming events. He stated that Director Brewer will be doing quarterly reviews for the supervisors, so when it gets time to do the other employees reviews it will be easier.

Director Brewer restated the action items. He is to outline expectations on the website and make sure it can be paid in intervals, write the contract for Diamond Cut Builders with warranty included, have Susan Merris review the cell phone policy, and have the agenda advertised five days before the Board Meeting.

Attorney Youell stated there was a vote to open a trust account for the actuarial funds. She was tasked to negotiate the website contract to make sure it meets state compliance requirements. She will be drafting an agreement for use of the DOT ditches. She will be in contact with Attorney Mark Davis in reference to the County considering water flow issues when planning and permitting. She will negotiate the Diamond Cut Builders contract. She will also continue to work on the cell phone policy.

A motion was made by Commissioner Norris seconded by Commissioner Faulk to adjourn. Meeting adjourned at 12:21 p.m. Motion passed unanimously.

_______________________

Tim Norris, Secretary

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John Magee, Chairman

 

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