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FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL M EEllNG

FRANKLIN COLINTY COURTHOUSE ANNEX JANUARY 18,2012

9:00AM

MINUTES

Commissioners: Pinki Jackel- Chairman, Bevin Putnal - Vice Chairman, Cheryl Sanders,Noah Lockley, Joseph ParrishOthers Present: Alan Pierce - Director of Administrative Services, Michael ShulerCounty Attorney, Michael Mor6n - Deputy Clerk

Call to OrderChairman Jackel called the Special Meeting to Order.

Opening of Bids - FBO (#1) & Hangar (#2)Mr. Pierce opened the bids fo r both items.FBOGrace Industries - James LawrenceAIATCFly High Inc.Airport HangarGrace Industries - James Lawrence Island Air ARTiC Siller Helicopters The Board and Mr. Mosteller, Airport Manager, discussed deadlines fo r the selection of a new FBO and transition issues based on which company is selected. The Board discussed the possible need fo r an emergency meeting or waiting until the second meeting in February to make a decision on both of these bids. Motion by Sanders, seconded by Putnal, to forward the proposal to the airportcommittee for a recommendation; Motion carried 5 ~ O .

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FCBOCC Regular Meeting1/18/2012Page2of2Commissioner Parrish explained some of the problems he is experiencing with the current per diem fo r food when travelling out of state on behalf of the County. He stated that it would less expensive to raise the meal allotment rather than the cost of renting a vehicle and paying fo r parking while out of state. Chairman Jackel discussed per diem while traveling in state. The Board discussed this matter further. Attorney Shuler provided additional information and options to change the cur rent amounts. Motion by lockley, seconded by Putnal, to change the per diem rate for meals to $75per day for out of state travel and $55 per day for in state travel, effectiveimmediately; Motion carried 5-0.Chairman Jackel discussed the upcoming meeting with the Department of Health thatshe and staff members will be attending today in Tallahassee.The Chairman also stated that she was told that equipment is being moved from theCarrabelle health department office to the Apalachicola health department office.The Board discussed other issues relating to the Health Department and expressed theirdisappointment with the County's Legislative Delegation not responding to or acting onthe correspondence sent to them from the Board.AdjournThere being no further business, Chairman Jackel adjourned the meeting.

Pinki C. Jackel, Chairman - FCBCC

Attest:

Marcia M. Johnson - Clerk of Courts

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FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING

FRANKLIN COUNTY COURTHOUSE ANNEX FEBRUARY 7, 2012

9:00AM MINUTES

Commissioners Present: Pinki Jackel - Chairman, Bevin Putnal- Vice Chairman, Noah Lockley, Cheryl Sanders

Commissioner Absent: Joseph Parrish (represented the County at a conference)

Others Present: Marcia Johnson - Clerk of Court, Alan Pierce - Director of Administrative Services, Michael Shuler - County Attorney, Michael Moron - Board Secretary

Call to Order (9:05 AM) Chairman Jackel called the Meeting to order.

Prayer and Pledge (9:05 AM) There was a prayer followed by the Pledge of Allegiance.

Approval of the Minutes - January 17, 2012 Regular Meeting (9:07 AM)Motion by Lockley, seconded by Putnal, to approve the Minutes of the January 17, 2012Regular Meeting; Motion carried 4-0.

Payment of County Bills (9:08 AM)Motion by Sanders, seconded by Lockley, to approve the payment of the County's bills aspresented; Motion carried 4-0.

Jimmy Harris - Discuss security concerns at Carrabelle Annex (9:08 AM)

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James A. Harris, Jr., Franklin County Tax Collector, explained that he has one female employee working at the Carrabelle Courthouse Annex location, which is secluded, and that employee has complained of working alone at that location. He discussed safety concerns with the Board. Chairman Jackel and Mr. Harris discussed the role of his employee at that location and also the workload. They also discussed the change in services from each office. The Board, Mrs. Johnson and Mr. Harris discussed this matter further. Commissioner Putnal said he didn't want to see this office closed because it is beneficial to the eastern end ofthe County. Chairman Jackel agreed with the need for security at this location and also expressed her concerns with one department bearing the blunt of the costs for one employee. Mrs. Johnson discussed the reasons fo r cutting her office's hours to one day per week. Commissioner Jackel and Mr. Harris discussed reasons why each constitutional officer can't contribute to one employee's salary. Mrs. Johnson said each office has different rules, annual leave and sick days so it wouldn't work. Commissioner Sanders stated that she agrees that more has to be done for security at this location. She said she would like to have the building evaluated to see if the security can be made better. The Board and Mr. Harris discussed this matter further. Mrs. Johnson said she would hope to be able to open her office full time if the need arises in the future. Motion by Putnal, seconded by Lockley, to hire an employee at the County's minimum salary of $25,000 which will be funded from reserve fo r contingency; this employee will be located at the Carrabelle Courthouse Annex and is to assist with the workload and hopefully help with the security problem; Mr. Pierce and the Sheriff's department will evaluate the building fo r recommendations to increase security; Motion carried 4-0. Department Supervisor Report Hubert Chipman - Superintendent of Public Works (9:24 AM) Mr. Chipman had no items for Board action. Chairman Jackel thanked Mr. Chipman for work done at the Eastpoint Cemetery parking area and asked if he can install parking bumpers. Commissioner Putnal stated that he did some research and Franklin County and one other in the State were the only ones that did not give any increase or bonuses to their employees. Commissioner Lockley agreed with Commissioner Putnal. Chairman Jackel stated that she would like to have the entire Board present and would like some additional financial information before the Board makes a decision on this matter. She also expressed concerns about funding for this raise. ' The Board discussed vacant positions that have not been filled and the possibility of using that funding for a salary increase.

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Mr. Chipman discussed some of the benefits that other County employees receive that theRoad Dept doesn't receive.The Board discussed this matter further.Motion by Lockley, seconded by Putnal, to give the County and Constitutional Officer'semployees a 3% salary increase;Chairman Jackel asked that the Board hold off on any action until further informationconcerning funding is received from the Clerk's Office. The Board agreed to hold off on votingon this item until later during the meeting to give the Finance Office an opportunity to providesome information.

Van Johnson - Solid Waste Director (9:35 AM)Fonda Davis presented the Department's report.2012 FRANKLIN COUNTY DIXIE SOFTBALL STATE TOURNAMENT:

28 thFOR BOARD INFORMATION: On January , the Franklin County Parks & RecreationCoordinator presented Franklin County's bid to host the 2012 Dixie State Tournament andFranklin County was awarded the bid. The tournament will be held around the first week of Julyat the Will S. Kendrick Sports Complex. ACTION REQUESTED: None.Motion by Sanders, seconded by Lockley, to authorize Road Department and Solid WasteDepartment to participate in preparing for the Dixie Softball State Tournament and receive the appropriate overtime; Motion carried 4-0. Mr. Davis asked which department would fund the overtime hours. Chairman Jackel said the Board will look at the details of this matter and figure it out. Commissioner Sanders reminded Curt Blair that Parks & Recreation will be coming early to the TDC for funds. PLA YHOUSE FOR ST. GEORGE ISLAND PARK: FOR BOARD INFORMATION: Franklin Promise raffled off a child's Playhouse and the proceeds were to be used to help support the Franklin Promise Toy Project. The winning ticket was drawn by Commissioner Smokey Parrish and the winner Betty Neisler donated the Playhouse to the St. George Island Park. The Playhouse has since been moved to the Parks location. ACTION REQUESTED: None. Commissioner Lockley and Mr. Davis discussed the Pee Wee Basketball advertisement and Mr.Davis said there was no response.

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Mrs. Johnson informed Chairman Jackel that a rough estimate to pay for a 3% salary increasefrom February to September would be around $150,000.The Board discussed doing a bonus instead of a salary increase and asked the Finance Office topresent the totals for funding a bonus for County employees.

Pam Brownell- Emergency Management Director (9:42 AM)Mrs. Brownell was not present at the meeting but submitted the following report.1 - The Community Emergency Response Team (CERT) training conducted January 27-29 at theEOC is off to a great start. We had 14 participants thanks to the Boy Scouts, the St. GeorgeIsland Regatta, local churches and non profits. We hope they return for the second session oftraining on February 11-12 to become Franklin counties official CERT team.2 - Mike Rundel and I will be attending the Florida Emergency Preparedness Association 2012training conference from February 5-10 in Daytona, Florida. Attendance is mandatory as per auryearly scope of work.3 - Franklin County Emergency Management is part of the planning sectionfor the FloridaStatewide Geomagnetic Storm exercise that will be conducted in our regian March13, 2012.4 - Emergency Management is hasting a Community Wildfire Protection planning sessionpresented by Florida's Forest Service, formerly the Division of Forestry, on Feb. 13, 2012 at10:00am at the EOe. All Volunteer Fire Departments have been invited to attend and will have achance to help shape the plan from a local perspectiveBill Mahan - County Extension Director (9:43 AM)Mr. Mahan had no items for Board action but discussed the following items from his report.Franklin - UF IFAS Updates1) Franklin County School Butterfly Garden- Lydia Countryman a middle school teacher at theFranklin County School has received a grant to develop a butterfly garden at the school. Shecontacted me for help. To date, / sent soil samples to the UF Soils Lab for testing and providedMs. Countryman with several UF fact sheets on setting up butterfly gardens in FL.2) St. George Island Civic Club Program -/ am scheduled to do the program at the St. GeorgeIsland Civic Club's Meeting scheduledfor February 16 th. There are several program options;however, at this time / am planning on doing a program on the Pacific lionfish invasion of thenorthern Gulf af Mexico.Gulf of Mexico Fishery Management Council (GMFMC)

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3) Reminder - Gulf of Mexico Recreational Grouper Season to Closed February 1 . The GMFMCreminds anglers that the recreational shallow-water grouper fishery will closed on February 1and will remain closed through March 31.The annual closure, which includes gag, black, red, yellowfin, scamp, yellowmouth, rock hindand red hind, is designed to protect gag, which are often found and caught with the othergrouper species. The two-month spawning season closure helps reduce over/ishing of gag andrebuild its populations so that larger annual harvests may be possible in the future.Gag grouper has been closed since November 16,2011 . The proposed 2012 recreational gagseason is July 1 through October 31.Commissioner Putnal and Mr. Mahan discussed the GAG grouper closure.Motion by Putnal, seconded by Sanders, to send a letter to FWC opposing the Gag Grouperban restriction; Motion carried 4-0.Mr. Pierce presented Item #7 from his report.7- Inform the Board that I have contacted Transfield about Woodill Road and about the TwoMile area. On Woodill Road, Transfield has cut back more vegetation, and will be placing moremilled asphalt along the north side of us 98. In the 2 Mile area, Transfield will begin next weekto clean out the large ditch on the northern edge of the US 98 ROW. They will star t at AirportRoad and work their way into town. I have also told them about the grass in the emergencylane on the eastern end of the county. On that issue, Transfieldhas been informed by DOT thatFranklin County had passed an ordinance banning the use of herbicides on all state roads in thecounty. I told the Transfield representatives that the county had requested limited applicationof herbicides but I did not remember an out right ban. I have checked the Board record andthere is no ordinance in place. Board direction for Mr. Bill Mahan to meet with Transfieldpersonnel and develop an appropriate herbicide spraying plan. I recall the areas of concernwhere SR 65 and the culvert openings that led to the Bay.Motion by Sanders, seconded by Putnal, to direct Bill Mahan to confer with FOOT regardingusing herbicides to kill the grass growing onto Highway 98 that will not harm the Bay; Motioncarried 4-0.

Ms. Cindy Drapel- Weems Update (9:48 AM)

Mr. Pierce presented Item #11 from his report.11- Health Department update- As the Board directed, Chairman Jackel, Mr. Shuler, and Imeton Jan. 18 with DOH representatives Robert "Sterling" Whisenhunt, Kim Barnhill, and a DOH

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attorney, in Tallahassee to discuss the re-opening of the Carrabelle Clinic. Chairman lackelledoff the meeting with a strong complaint about the lack of communication between DOH and theBoard. She reminded the DOH representatives of the cr itical role the Carrabelle Clinic plays inproviding health care in the eastern end of the county.

The DOH representatives stated that the Clinic had a minor mold problem that theybelieve would be solved within 30 days. DOH would then begin to return services to the buildingstarting with WIC one day a month. The WIC program would continue in Apalach 3 days amonth. The number of days WIC is available is based on need. DOH also has a dental programthat could be placed in the Carrabelle building, but they made no commitment on re-openingthe Clinic as before. They also offered to assist the county in try ing to get the North FloridaMedical Clinic in Eastpoint to provide betterservice to the under-insured residents in the county.Commissioner Putnal discussed an item regarding a new insurance company not having local doctors in their plan. Chairman Jackel asked Mrs. Melanie Shiver, of Dr. Sanaulah's office, to discuss this matter. Mrs. Shiver stated that Dr. Sanaulah's office would like for the Board to send a letter to Capitol Healthplan asking that they be added as an approved provider. Motion by Putnal, seconded by Lockley, to send a letter to Capitol Healthplan to add Doctors Sanaulah and Nitzio to their network; Motion carried 4-0. Commissioner Jackel, Mr. Pierce and Attorney Shuler discussed the meeting with DOH further and their unwillingness to open the Carrabelle Health Department office on a full time basis. Attorney Shuler said his take on the meeting was that there was no intention on opening the Carrabelle Clinic again on a full time basis. Cindy Drapel, of Weems Memorial Hospital, updated the Board on what has been done at Weems Hospital recently, especially at Weems East in Carrabelle. She said a new doctor has been hired full time and will begin seeing primary care patients on March 1st She stated that other personnel have been added to provide health care services in Carrabelle and throughout the County. Ms. Drapel discussed the new CT Scan project and asked fo r Board action to erect a canopy over the walkway at the CT trailer. Motion by Lockley, seconded by Sanders, to authorize funding in the amount of $16,422.66, to add a canopy at the CT Scan trailer location; Motion carried 4-0. Ms. Drapel updated the Board on the annual audit for cash flow and outstanding invoices. She said copies will be available fo r Board review once she receives them from the auditor. She stated that a $100,000 CD will be cashed to become current with the OTTED loan, which was used to pay an ACHA bill.
http:///reader/full/16,422.66http:///reader/full/16,422.66

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Chairman Jackel and Ms. Drapel discussed hospital billing issues with Weems Memorial and Weems East. She discussed current hospital statistics, outstanding bills and asked fo r Board action to increase the surtax amount. The Board and Ms. Drapel discussed outstanding bills and the OTTED loan. Motion by Lockley, seconded by Putnal, to increase surtax amount to Weems to the full 1%, from the time period of November 2011 thru April 2012, to bring outstanding payable accounts to a current status; Motion carried 4-0. Commissioner Sanders stated that it is apparent to her that the Carrabelle Health Department will no t be reopening so she would like to reroute the $120,000 of the $156,000 that was dedicated to the Health Department to Weems East. She believes this wil l help recruit physicians and physician assistants for Weems East. Commissioner Putnal discussed positive comments he has heard from residents who have utilized Weems East. Chairman Jackel commented on the positive economical and healthcare effect of Weems East for the County and ment ioned all the compliments she has been receiving about Weems, especially Weems East. Motion by Sanders, seconded by Putnal, to move $120,000 of the $156,000, which was set aside for the Carrabelle Health Department, to Weems East in Carrabelle; Motion carried 4-0. Commissioner Sanders thanked the staff at Weems and Weems East fo r their assistance during the recent occasion she had to use their services. She encouraged all residents to use the services provided by Weems. Commissioner Lockley stated that he was renewing the matter of bringing the supervision of Weems CEO and CNO under the BOCC Attorney Shuler explained that there is presently a contract in place with TMH to manage the CEO and CNO. He said once the contract expires he could negotiate this matter with TMH.

Jay Abbott - Communications Update (10:29 AM) Jay Abbott, of St. George Island, stated that the organizations name had been changed from 911 Communications Group to Franklin County Communications Advisory Group because of legal issues with the previous name. Mr. Abbott discussed issues with insurance companies no t covering life fl ight fees. He said there has been another problem with Franklin County dispatch and EMS communications, which they are trying to resolve in-house.

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Mr. Abbott asked fo r Board action to close Chili Blvd. and Gulf Beach Drive for the 30th Annual Chili Cook-Off. He also discussed an upcoming meeting with law enforcement concerning this event. Commissioner Jackel reminded everyone that if they have any auction items to contact Mr. Abbott. The Board and Mr. Abbott discussed having emergency personnel on standby fo r the event. Motion by Sanders, seconded by Putnal, to authorize road closure fo r the Chili Cook-Off on March 3, 2012; Motion carried 4-0.

Recess (10:36 AM) Chairman Jackel called fo r a recess.

Reconvene (10:55 AM) Chairman Jackel reconvened the Meeting.

Open bids - CR 67 Bridge Project (10:55 AM) Mr. Pierce opened the bids fo r the CR 67 Bridge Project. Capital Asphalt of Tallahassee - $397,146.95-- with bid bond c. W. Roberts of Hosford - $374,714.70-- with bid bondPeavey and Sons of Havana -- $448,556.00-- with bid bondMotion by SandersJ seconded by Putnal, to forward to engineer fo r recommendation and tobe returned to the Board before the Meeting is adjourned; Motion carried 4-0.

Leslie Palmer - DACS Update (10:58 AM)Leslie Palmer, of DACS, updated the Board on the Progress Energy line rebuild project fromEastpoint to St. George Island and how it will affect the Bay and the seafood workers. She saidthere will be three clearly defined zonal closures while the project is underway and showedslides of the project to the Board.Ms. Palmer stated that DEP notified DACS that the Army Corps of Engineers had applied for apermit to dredge the Bay (Intercoastal Waterway). She said it will take about 45 days tocomplete the dredging project. She discussed time allotments fo r the Progress Energy projectand the dredging.
http:///reader/full/397,146.95http:///reader/full/374,714.70http:///reader/full/448,556.00http:///reader/full/397,146.95http:///reader/full/374,714.70http:///reader/full/448,556.00

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Commissioner Sanders and Ms. Palmer discussed if there will be fines and penalties if seafoodworkers drift into areas that are closed due to the project. Ms. Palmer said there will be finesfo r anyone found harvesting oysters in the closed zones.Commissioner Putnal and Joe Shields discussed the possibility of changing locations of where the tugboats will be while the project is going on and the adverse affect it might have on some of the oyster bars in the area. Shannon Hartsfield, of FCSWA, also commented on this issue. Commissioner Putnal stated that the entire (old) pole needs to be removed so that oystermen's boats are not destroyed. Chairman Jackel and Ms. Palmer discussed FWC warning and not assessing fines if oystermen drift into the closed areas. Chris Brooks, of DACS, stated that this matter has been discussed with FWC and they have expressed their needs. He said he likes the idea of a warning instead of monetary fines. Ms. Palmer said they will discuss the warning idea to FWC. Commissioner Lockley asked that there is ample advertisement of the closed areas. Ms. Palmer then discussed letters that she received from the County regarding the re-shellingprogram. She provided information on the efforts of her department for the re-shellingprogram and discussed the fact that her department needs to provide more information aboutlocations of re-shelling projects.Ms. Palmer said there wil l be better communication with her department and the Countystarting with a meeting with Commissioner Putnal and Shannon Hartsfield this evening. Shesaid this information will be provided on the DOA website, distributed to the processors andthe County. She said she believes her department can learn a lot from those who are on theBay every day.Commissioner Putnat Ms. Palmer, and Mr. Shields discussed other locations where re-shellingshould be done.Mr. Shields stated that DACS wants as much input from harvesters, Commissioners and theFCSWA as possible.Commissioner Putnal suggested DACS attend the seafood workers meetings. Ms. Palmer statedthat they will be attending the next meeting and offered another plan to include the seafoodworkers on the next trip on the DACS barge. She said she wanted to be able to show theseafood workers what they do on the water.Commissioner Lockley stated that more shells are needed for the program. Ms. Palmer saidthey will get the shell to specified locations if they are told where it is needed.The Board, Ms. Palmer, and Mr. Shields discussed this matter further.Commissioner Putnal suggested using the seafood workers to help with r e ~ s h e l l i n g in areas thatthe DACS barge cannot get to. Ms. Palmer said they will look at doing this.Ms. Palmer discussed and answered questions from the letter she received from the Board.She explained that the National Shellfish Sanitation Program dictates which areas are openedduring the summer, which is determined by water quality. She said she has no flexibility with

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opening other areas during this time. She said there is no gray area when it comes to the program. She stated that 1601 and 1612 are areas that might be able to be opened during the summer, depending on water quality and resources. She said these areas could potentia lly be open year round. Commissioner Putnal discussed East Hole, which is a good producing area. He said it hasn't been closed in years and it is still one ofthe best producing bars in the Bay. Ms. Palmer discussed salinity being a reason to open more areas in the future. She said salinity seems to be linked to VB. Commissioner Putnal discussed a permanently closed area in the west side that should be checked fo r water quality and salinity and possibly be reopened. He stated that there is a lo t of illegal harvesting in that area. Mr. Shields said that area has been tested and doesn't meet water qual ity standards but they do move live oysters to an area where the water quality is better when they do relaying activities. Chairman Jackel thanked Ms. Palmer fo r taking time to come to the Board Meeting. Ms. Palmer discussed the FWC commission meeting that would be held the next day. She said it will be the final public meeting concerning the seven day a week oyster harvesting in Apalachicola Bay.

Helen Spohrer - BP Buy-Out Program & Curt Blair - TOC Expenditures (11:43 AM) Helen Spoh rer, of Forgotten Coast TV and agency of record fo r the TDC, presented the media buy schedule for February, March and April, in the amount of $375,700.93, fo r Board review and approval. She said most of the items on this buy schedule are part of the original marketing plan and had already been approved but there are some new projects which will be funded with $80,100 of the BP grant that had not yet been allotted fo r anything else. She discussed some of the markets such as Atlanta, South Georgia and North Florida but said the print and online banners go throughout the Country and even the world. She named several magazines that will run ads fo r the areas and she also discussed other efforts for advertising the area. Mrs. Spohrer also reviewed the projects, such as a seafood media day, on Buy Schedule 4 which also needs Board approval. She also discussed a portable t rade show exhibit project and a cable TV flats fishing show project and another PBS travel show. Chairman Jackel suggested that they work with the Franklin County Seafood Workers Association with some of the events that are being planned. The Board and Mrs. Spohrer discussed the type of press tour this would be and also using the local visitor centers, instead of Geiger Press Tours, fo r the press tours. Mrs. Spohrer discussed previous funding received by the local visitor centers and also currently scheduled press tours. Commissioner Sanders stated that the Chambers and Visitors Centers are the main hosts for visitors to the area. Mrs. Spohrer discussed several more projects for the Buy Schedule.

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Chairman Jackel and Mrs. Spohrer discussed commercial photographers.The Board and Mrs. Spohrer discussed this matter further.Motion by Lockley, seconded by Putnal, to approve the media buy and Buy Schedule 4 withthe exception of $39,400 for the Geiger Press Tours fo r Spring and the press Tour Receptionwhich will go to the three local visitor centers instead; Motion carried 4-0.Motion by Lockley, seconded by Putnal, to use local commercial photographers in BuySchedule 4; Motion carried 4-0.Motion by Sanders, seconded by Putnal, to schedule a public hearing fo r approval of the TDC plan; Motion carried 4-0. Curt Blair, of Franklin County Tourist Development Council, stated that BP will not provide any additional funding fo r advertising after the current funding is spent. He discussed the expectation of the return of the tourism market to the area therefore there will be no additional funds from BP. He said no one really knows if the stability of the tourism market is a function of the fact that there has been millions of dollars promoting the West Florida area or not but at the moment most of the markets have returned. Mr. Blair asked fo r Board action to reappoint a member to the TDC board. Motion by Sanders, seconded by Lockley, to reappoint Mr. John Hosford to the Tourist Development Council Board fo r a four year term; Motion carried 4-0. Mr. Blair discussed future funding for Keep Franklin Beautiful. Commissioner Putnal stated that he hadn't heard anything about Keep Franklin County Beautiful in a while. Motion by Sanders, seconded by Putnal, to authorize $9,000 for bridge clean-up throughout the County; Motion carried 3-1 Lockley opposed.

Marcia Johnson - Clerk of Courts - Report (12:19 PM) Mrs. Johnson had no report fo r the Board.

Recess (12:19 PM) Chairman Jackel called for a recess.

Reconvene (12:33 PM) Chairman Jackel reconvened the Meeting.

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Alan Pierce - Director of Administrative Services - Report (12:34 PM)Clay Kennedy, of Preble-Rish, stated that all of the bids are over the grant amount but herecommended c. W. Roberts, which was $7,700 over the grant amount, for the CR 67 Bridgeproject.Motion by Sanders, seconded by Lockley, to accept C. W. Roberts as low bidder and allowPreble-Rish to negotiate: Motion carried 4-0.Commissioner Sanders stated that there needed to be traffic flow on CR 67 at all times duringthe project.The Board and Mr. Kennedy discussed a possible solution to problems with an issue on OtterSlide Road in Eastpoint. Mr. Kennedy stated that he and Mr. Pierce were able to witness a truckpulling a boat along Otter Slide and saw the issue firsthand.Commissioner Putnalstated that 4th Street in Eastpoint appears to have been cut by EPWSwithout permission.Chairman Jackel expressed her concerns with the work being done at 4t h Street because ofthesteep ditches and the need to stabilize the shoulders.The Board discussed this matter further.Chairman Jackel asked Mr. Pierce and Attorney Shuler to investigate this matter. She said shewanted the shoulder stabilized and this area restored to its original condition before theybegan work there.Mr. Pierce presented his report.1- Board direction on participating in the Camp Gordon Johnston Parade on Saturday, March 10.The Parade starts at 10:45 AM.Commissioners stated that they will participate in the Parade.2- Inform the Board that the Airport Advisory Committee has met and reviewed the applicationsfo r the airport FBD and the new hanger, but I am holding the recommendation until the Feb. 21meeting as directed at the Jan. 17 county commission meeting. I am reporting that theCommittee did agree to the one month lease by Siller Helicopter in the new hanger so that theycould store thei r Sikorsky Crane Helicopter. The agreed rent was $2000 and I have invoicedSiller for the money.The Board and Mr. Pierce discussed this matter.

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3- Mr. Tom Slocum, a retired Delta Airline executive, is recommended by the Airport Committeeto become a new member. The Airport Committee does not have a set number of members so itis possible to add members at the pleasure of the Board. Board action.Motion by Lockley, seconded by Sanders, to add Tom Slocum to the Airport Committee;Motion carried 4-0.4- Remind Board and public that the military will carryon another training exercise in the areafrom Feb. 17-March 12. I have contact information for anyone that needs it.Commissioner Sanders asked again that the public is notified of where and when theseexercises are going on.5 Board action to approve Change Order No.2, which is the final change order to clean upvarious items on the stormwater project at the airport. Mr. Ted Mosteller and the airportengineers have signed off on the change order.Motion by Putnal, seconded by Sanders, to approve Change Order No.2, as the final changeorder to clean up various items on the stormwater project at the airport; Motion carried 4-0.6- Inform the Board that I have contacted Michael Bloodworth and he is coming back next weekto fix the solar lights at Abercombie boat ramp.The Board and Mr. Pierce discussed lighting at boat ramps around the County.

7- Inform the Board that I have contacted Transfield about Woodill Road and about the TwoMile area. On Woodill Road, Transfield has cut back more vegetation, and will be placing moremilled asphalt along the north side of us 98. In the 2 Mile area, Transfield will begin next weekto clean out the large ditch on the northern edge of the us 98 ROW. They will start at AirportRoad and work their way into town. I have also told them about the grass in the emergencylane on the eastern end of the county. On that issue, Transfield has been informed by DOT thatFranklin County had passed an ordinance banning the use of herbicides on all state roads in thecounty. I told the Transfield representatives that the county had requested limited applicationof herbicides but I did not remember an out right ban. I have checked the Board record andthere is no ordinance in place. Board direction for Mr. Bill Mahan to meet with Transfieldpersonnel and develop an appropriate herbicide spraying plan. I recall the areas of concernwhere SR 65 and the culvert openings that led to the Bay.8- The Chairman and Imet with Transfield personnel on Friday, Feb. 3, to discuss improvementsto the bridge cleaning contract and some other items. Transfield is willing to consider providingadditional funds if it can be justified so I am putting together a proposal for Transfield toconsider.

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Transfield, on their part, would like greater assistance from the county informingresidents who live along a state highway that it is illegal to put anything in the state ROW.While the county allows it on county roads, it is not allowed on the state highway. Both FHPand FDOT can issue citations with fines up to $500. Hold up brochure.Chairman Jackel said the County will work with Transfield to help them out.9- Ms. Leslie Palmer, OACS, is here to discuss the two issues the Board raised at the last Boardmeeting- eliminating the harvesting seasons, and improving the shell planting program.This item was discussed earlier in the Meeting.14- Board action on contract for GIS mapping.Motion by Sanders, seconded by lockley, to approve the 911 GIS Mapping contract,contingent upon Attorney Shuler's review; Motion carried 4-0.10- Alligator Point Update- Inform the Board that both FEMA and DEP have been visitedAlligator Point recently. OEP has issued the county a Warning Letter informing the County thatwe have 30 days to respond to their demand that we remove the concrete debris that is foundalong parts of the revetment in front South Shoal. The Board needs to direct county staff torespond to the Warning Letter. Mr. Shuler, Chairman Jackel, and I met with OEP staff prior tothe Warning Letter being issued. I recommend that I be directed to develop a debris removalplan for submission to OEP. I have been in contact with FEMA and the cost of removing thedebris will be covered in one or more of the still open FEMA PWs for the Alligator Pointrelocation project. Board action.Motion by Sanders, seconded by Putnal, to authorize Mr. Pierce and Attorney Shuler to filean administrative appeal if necessary; Motion carried 4-0.

I met with five FEMA representatives on Jan. 26 to update them on the status of the roadrelocation project. We have submitted a request for reimbursement for the approximately$307,000 we have spent on purchasing a section of Tom Roberts Road from Capital City Bank.By all indications FEMA has approved the reimbursement and the check is in the mail.Contingent upon receiving those funds I am recommending the Board direct Mr. Shuler and I tobegin the acquisition of the 4 Secon Village lots that will allow an additional section of AlligatorPoint Road to be relocated. As hard as this is to believe, the FEMA reps reminded me thatAlligator Point Road Is the first permanent road relocation project using FEMAfunds that hasoccurred In the entire state so we need to take advantage of the funds while we have them.Attorney Shuler updated the Board on the litigation with Capital City. He said once the check is in the County's hands and payment is made, the case will be over. The Board discussed this matter further.

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Motion by Sanders, seconded by Lockley. to authorize Mr. Pierce and Attorney Shuler tonegotiate on the 4 Secon Village lots; Motion carried 4-0.Attorney Shuler stated that if the negotiations are not successful he will have to come back tothe Board fo r consideration for a resolution authorizing condemnation proceedings.11- Health Department update- As the Board directed, Chairman Jackel, Mr. Shuler, and I meton Jan. 18 with DOH representatives Robert "Sterling" Whisenhunt, Kim Barnhill, and a DOHattorney, in Tallahassee to discuss the re-opening of the Carrabe//e Clinic. Chairman Jackel ledoff the meeting with a strong complaint about the lack of communication between DOH and theBoard. She reminded the DOH representatives of the critical role the Carrabelle Clinic plays inproviding health care in the eastern end of the county.

The DOH representatives stated that the Clinic had a minor mold problem that theybelieve would be solved within 30 days. DOH would then begin to return services to the buildingstarting with WIC one day a month. The WIC program would continue in Apalach 3 days amonth. The number of days WIC is available is based on need. DOH also has a dental programthat could be placed in the Carrabelle building, but they made no commitment on re-openingthe Clinic as before. They also offered to assist the county in trying to ge t the North FloridaMedical Clinic in Eastpoint to provide better service to the under-insured residents in the county.This item was discussed earlier in the Meeting.12-lnform Board I will be ou t of town Feb. 11-18.

13- As the Board is aware, the NACo drug card, which is actively being used by the citizens of thecounty, has a benef it to the county as well. The FAC has negotiated a contract with NACowhereby participating Florida counties will ge t a monetary benefit of promoting the NACoprogram. It is based upon usage and with the current level of use the county commission willreceive approximately $5,000.

I am awaiting the NACo documents which need to be signed by the Board. In order tofacilitate receipt of the funds I ask for Board action to authorize the Chairman to sign theappropriate NACo documents when they arrive.Chairman Jackel asked that the NACO cards are distributed throughout the County as theCounty receives a refund for all cards used.Motion by Sanders, seconded by Putnal, to authorize Chairman Jackel to sign NACodocuments; Motion carried 4-0.Attorney Shuler discussed the NACo contract with the Board.

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Mr. Pierce stated that there wi ll be lane restrictions for the next few days on the St. GeorgeIsland Bridge due to inspections.Commissioner Putnal asked that the Commissioners be informed of any information concerning the dredging ofthe Eastpoint Channel. Chairman Jackel stated that she will be attending a meeting on Monday regarding the dredging of the Eastpoint Channel. The Board discussed this matter further.

T. Michael Shuler - County Attorney - Report (12:59 PM)Attorney Shuler presented his report to the Board.Action Items1. Proposed Amendment To Hospital By-Laws

The proposed amendments are attached for your consideration. It includes addinganother non-voting position for a total of seven voting and three non-voting members. Fivevoting members from each district and two voting members at large.

Board Action: Unless the Board desires to make further amendments, I recommendapproval.Attorney Shuler discussed amendments with verbiage changes in the By-Laws, which requiresmonthly written financial reports to the Board and also removes authority from the HospitalBoard to employ a CEO or management company and may not lease the hospital out withoutthe ratification of Franklin County.Motion carried Putnal, seconded by Lockley, to approve amendments to the Hospital by-IawsjMotion carried 4-0.2. DEP Notice of Violation: Alligator Point Revetment

DEP has issued a Notice of Violation ("NOV") to Franklin County regarding the 2005placement of construction debris into the revetment as part of the emergency repairs we madefollowing Hurricane Dennis.

Mr. Pierce is working on a written settlement of the NOV. If he completes this within 21days of the issuance of the NOV, then no appeal is necessary.

If the county and DEP do no t timely enter into a written settlement, then you shouldappeal the NOV so that we can better protect the county1s position.Board Action: Motion to authorize me to file an administrative appeal ifno timely settlement is reached with DEP.This item was discussed earl ier in the Meeting.3. Local Match or Local Preference Ordinance

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I have received communications regarding giving further consideration of this issue.A "local preference" ordinance means that if a local contractor is within a certain

percentage of the non-local low bidder! then the local would receive the bid, but at a higherprice.

A "local match" ordinance means that if a non-local contractor is the low bidder, thenthe lowest-bid local contractor would have an opportunity to match the low bid from the nonlocal contractor. This means that the local contractor has the opportunity to get the job, but atthe cost of the lowest bidder and would not result in an increase to the cost of the project.

Board Action: Does the Board want me to prepare a draft ordinance for your review?Motion by Sanders, seconded by Putnal, to direct Attorney Shuler to move forward with draftLocal Preference ordinance fo r Board review; Motion carried 4-0.4. Lanark Apartments -Clean-up of Fire Damage

It appears to me that a special assessment ordinance is the most efficient method for thecounty to undertake this, and any similar project, and, instead of placing lien on the propertywhich may not be paid, the board would! one a case-by-case basis, vote to place a specialassessment on the property and a notice sent out by the Tax Collector.

Board Action: Motion authorizing me to draft the ordinance and return it to you forreview and approval.The Board and Attorney Shuler discussed this matter further.Commissioner Sanders asked Attorney Shuler to ask attorneys in surrounding areas what theirsolutions are in this type of situation.

Motion by Sanders, seconded by Lockley, to direct Attorney Shuler to gather moreinformation on this matter and return to the Board; Motion carried 4-0.5. Travel Reimbursement Resolution

At your last meeting you approved changes to the travel stipend. However, you did notallocate how much was to be applied to meals.

How does the Board desire to aI/ocate the travel stipend between Breakfast,Lunch and Dinner?

Under the former travel stipend, I am told that $7 was allocated to Breakfast, $12 toLunch and $20 for Dinner. This results in 18% being applied to Breakfast; 31% for Lunch and 51%for dinner.

Board Action: How does the Board desire to break-down the ne w travel stipend betweenBreakfast, Lunch and Dinner?Chairman Jackel and Attorney Shuler discussed ifthere was a problem with discussing thismatter at a special meeting and suggested that the Board look at this matter again after morefinancial information is gathered. She said the Board needs to look at the financial impact ofthis Resolution.

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The Board decided to look at this matter at the next meeting, especially when Commissioner Parrish will be in attendance. Commissioner Sanders asked Attorney Shuler to get with APTA regarding item 10 on his report.Action Item - Supplemental/temCalvin, Giodarno and ASSOciates, Inc. rCGA ")/ need the board to consider approving joinder with CGA to collect a bill from BP for theoil skimmer it staged in Franklin County last year. This matter is time sensitive due to a February15, 2012 deadline CGA has to file an amended complaint. The details follow.

/n May 2010, Franklin County entered into a nonexclusive services agreement with CGAto assist Franklin County with its response to the Deepwater Horizon oil spill.

The contract was lIat risk" to CGA such that Franklin County's obligation to pay CGA forits services was contingent upon receipt of payment from the party responsible for the oil spill.

CGA and the responsible party are in litigation over the cost for staging an oil skimmer inFronklin County in the approximate balance of $400,000.00. The original litigation was removedfrom Franklin County to the federal district court in Tallahassee, Florida. That court hasdismissed the lawsuit with leave to amend. eGA has until February 15, 2011 to file its amendedcomplaint.

CGA has invoked a provision of our contract as follows: "However, in the event that the responsible party does no t compensate Franklin County for eGA's reasonable services and costs, Franklin County and eGA agree to pursue reasonable legal remedies in Franklin County, Florida to obtain such compensation. And, in this event, Franklin County shall in good faith and reasonably assist CGA in [its efforts to collect], provided that CGA shall join as a party and be lead counsel. However, such collections efforts shall not under any circumstances alter Franklin County's conditional payment obligation as stated herein. At all times, eGA understands and agrees that Franklin County has no payment obligation for services, or costs, unless and until the responsible party pays Franklin County. "

CGA first attempted to collect without the joinder of Franklin County.Your contract with CGA contains a limiting condition that our efforts to collect shalloccur in Franklin County. You have the right no t to join with them based on this provision.Notwithstanding this, I recommend that the board agree to join in the federal lawsuit inTallahassee, Florida. eGA will be lead counsel and will shoulder the vast majority of the legalfees and costs. Federal practice does not entail many hearings on motion practice. I anticipate

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that I would only have to travel to Tallahassee for the trial. This does not mean that thelitigation will be without costs.

Board Action: I recommend that the board approve joinder in the federal litigation inTallahassee.Chairman Jackel was not in favor of oining this lawsuit because of the added legal fees to the County. She was in favor of assisting with documentation but not anything that will incur legal fees. Attorney Shuler believed the County should have taken the lead in filing the lawsuit Commissioner Sanders disagreed and expressed that she was not in favor of joining the lawsuit unless the County's legal fees are reimbursed. Chairman Jackel and Attorney Shuler discussed the lawsuit being moved outside of the County. Commissioner Lockley stated that the County asked CGA to get this skimmer so it should assist with the lawsuit. Commissioner Lockley suggested that Commissioner Parrish is involved in this discussion since he did most of the negotiations, so this item should be tabled until the next meeting. Motion by LockleYI to join the litigation between eGA and BPi Motion failed for lack of a second. The Board and Attorney Shuler discussed this matter further. Commissioner Sanders asked that Attorney Shuler inform CGA that i fthe County gets involved in the lawsuit that they will pay all legal fees. Non-Action Item6. Eastpoint Water and Sewer DistrictI have no u p d a t e ~ bu t I understand the Ms. Belcher indicated to Mr. Pierce that EPWS isobtaining a LDC from their bank, bu t at a slightly higher cost than I reported, bu t stillreasonable. We have no t received the LOC as of the date of this report.7. Airport FBD Lease

Attached is correspondence from Mr. Silva and myself. The correspondence speaks foritself. In the final a n a l y s i s ~ the FBD signed the 3 month extension I prepared.8. Dr. Catlin's $ 4 0 ~ 2 5 0 . 0 0 Demand Letter

Attached is correspondence from Dr. Catlin's attorney demanding that the hospital payhim 4 0 ~ 2 5 0 . 0 0 and my reply letter to him.9. Apalachicola Times Contract

Attached is a copy of the signed three year contract and my letter to Ms. CarverenclOSing a duplicate original to her.10.Capital City Bank/South Shoals
http:///reader/full/40~250.00http:///reader/full/40~250.00http:///reader/full/40~250.00

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Attached is Mr. Mowrey's notice of intent to sue Franklin County for damages for allegeddamages to his client's property (South Shoals) resulting from our negligence concerning therevetment. The notice is required by the statute as precursor to litigation.Attorney Shuler asked for Board action to authorize the execution of a deed for the RoscoeDaley house to the land trust.Motion by Sanders, seconded by Putnal, to authorize execution of the Daley deed to the land trust; Motion carried 4-0. Commissioner Sanders said she had been approached by local fishermen asking the County to join a Resolution with surrounding counties. Motion by Sanders. seconded by Putnal, to direct Attorney Shuler to contact Ronald Crum in Panacea and neighboring counties regarding new nets for mullet fishing and possibly join in on the Resolution, contingent upon the Attorney's approval; Motion carried 4-0.

Commissioners' & Publ.ic Comments (1:33 PM) Mr. Pierce discussed the one time allocation of $750 to County employees. Motion by Lockley. seconded by Putnal, to authorize a onetime allocation of $750 fo r each County and Constitutional employee; Motion carried 4-0.

Adjourn (1:35 PM) There being no further business, Chairman Jackel adjourned the Meeting.

Pinki C. Jackel, Chairman -FCBCC

Attest:

Marcia M. Johnson, Clerk of Courts

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FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING

FRANKLIN COUNTY COURTHOUSE ANNEX FEBRUARY 21, 2012

9:00AMMINUTES

Commissioners Present: Pinki Jackel- Chairman, Joseph Parrish, Noah lockley, Cheryl SandersCommissioner Absent: Bevin Putnal- Vice ChairmanOthers Present: Alan Pierce - Director of Administrative Services, Michael Shuler - County Attorney, Michael Moron - Board Secretary

Call to Order (9:02 AM) Chairman Jackel called the Meeting to order.

Prayer and Pledge (9:03 AM} There was a Prayer followed by the Pledge of Allegiance.

Payment of County Bills (9:04 AM)Motion by Lockley, seconded by Sanders, to approve the payment of the County's Bills as presented; Motion carried 4 ~ 0 .

Department Supervisors Report Hubert Chipman - Superintendent of Public Works (9:04 AM) Mr. Chipman had no items fo r Board action. Commissioner Jackel asked Mr. Chipman to verify that St. George Island will be ready fo r the Chili Cook-Off next weekend. Chairman Jackel thanked Mr. Chipman for installing the parking bumpers and putting down milled asphalt at the Eastpoint Cemetery.

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FeBDee Regular Meeting2!2l!2012Page2 qf 18Chairman Jackel asked Mr. Chipman to look at the painted stop sign and stop bar on SouthBayshore Drive on St. George Island.Commissioner Sanders stated that the Forest Service will be contacting Mr. Chipman regardingproblems with beavers throughout the County.

Van Johnson - Solid Waste Director (9:07 AM)Fonda Davis had no items fo r Board action.

Pam Brownell - Emergency Management (9:07 AM)Mrs. Brownell had no items fo r Board action but submitted the following in formation items.Action Items: NoneInformation Items:

1. February 10-12 was the finale training session for the Franklin County CommunityResponse Team (CERT). We now have a total of 14 CERT members and I am in theprocess of scheduling a Train the Trainer class so we can sustain our CERT program.

2. The Geo-magnetic storm workshop on February 13, 2012 at the EOC at 10:00am wasvery educational for the agencies that attended it. We hope to have a better attendanceat the next workshop on February 27, 2012 at 10:00 am at the EOe.

3. The Florida Department of Forestry met with localfire departments to discuss theFranklin County Community Wildfire Protection Plan on February 13, 2012 at 10:00amhosted ot the EOe. The Forestry is now in the process of working with our local UnitedFire Fighters organization to reschedule this meeting due to lack of attendance.

4. February 8, 2012 Joyce Durham did a Natural Disaster program at the First BaptistChristian School.

5. February 16,2012 Joyce Durham and I met with the Leon County EOC director to discussevacuation and sheltering plans for the upcoming season.

6. February 17, 2012 Joyce Durham did a Natural Disaster program at the ABC school.7. Joyce Durham worked a re-entry booth at the H. Cola on February18, 2012.8. The Emergency Management of/ice will attend the Locol Emergency Planning Council in

Tallahassee on February 22, 2012 at 10:000m in Tallahassee.9. Pamela Brownel l will attend the Building Coastal Community Resilience Workshopschedule for February 23, 2012.10. Emergency Management is conducting a pOSition specific training class for the agencies

that respond in the field on February 23, 2012 at 6:00pm-9:00 pm located at the EOe.Chairman Jackel asked Mrs. Brownell to update the Board on the upcoming control burn on St.George Island. Mrs. Brownell explained that the burn was cancelled due to the weather.Chairman Jackel asked that Spring Break is considered when planning any future burns.

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Mrs. Brownell stated that she will have the Division of Forestry contact Chairman Jackel concerning this matter.

Bill Mahan - Extension Office Director (9:09 AM) Mr. Mahan had no items for Board action but discussed the following items from his report. Franklin - UF IFAS UpdatesMiner/Chimney Bees - I have received a number of calls the past few weeks about "swarms" ofbees coming out of holes in the ground and flying around people's homes. I visited with severalhomeowners and confirmed that the bees are Miner/Chimney bees. These are native, solitaryground bees. They are not aggressive or defensive, they rarely sting. However, they are knownto bite, if they are handled roughly. So don't! They are important plant pollinators and theirpopulations have been increasing the past few years. They are emerging from the ground earlythis year because of the "warm" weather we have been having. If you have any question orneed additional information about them, please give me a call.FL Fish & Wildlife Commission (FWC)FWC Meeting Results - During the FWC's February 7 - 9, 2012 in Tallahassee. The following rulechanges were adopted:

Gulfof Mexico Gag Grouper, Adoption of Federal Standard - The FWC manages marinefish from the shore to nine nautical miles in the Gulf of Mexico. The Gulf of Mexico FisheryManagement Council manages Gulf of Mexico waters farther than nine nautical milesout. The following changes will make state gag grouper management efforts the same asrecent federal gag grouper management efforts in the Gulf of Mexico: setting therecreational open season from July 1 through Oct. 31 and lowering the minimumcommercial size limit from 24 inches to 22 inches total length.The Commission also authorized Chairman Kathy Barco and Executive Director Nick Wileyto issue an executive order opening gag grouper season in the state waters of f Taylor,Jefferson, Wakulla and Franklin counties, including Apalachicola Bay and Indian Pass. Thisgag grouper recreational season if implemented, will open harvest in state waters duringApril, May and June, and close harvest in those waters during the July-to-October season.These changes will better align fishing opportunity with fish availability. "/ think we haveto be sensitive to the economic side and the natural resource side," said CommissionerCharles W. Roberts 1/1. "/ don't think there is anybody here, especially in this room, whowould like to jeopardize gag grouper. This isn' t an easy decision. We have to rely on thedata we have available and make good decisions. H

Oysters - The Commissioners also approved a measure that will allow the harvest ofoysters for seven days a week in Apalachicola Bay. Previously, harvest was not allowed onFridays and Saturdays from June 1 through Aug. 31 and on Saturdays and Sundays fromSept. 1 through Nov. 15. The measure will go into effectJune 1. This increased harvesting

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opportunity comes in response to management changes in 2010 by the FloridaDepartment of Agriculture and Consumer Services that require oyster harvesters todeliver their oysters by a specified time af day during the warmer months of the year. Theseven-day work week will allow Apalachicola Bay oyster harvesters the ability to make upfor time lost in harvesting because of the new earlier delivery times

Black Bear Management Plan - The FWC is moving ahead on its plan to manage andconserve Florida black bears so they are never again at risk of extinction. With the bearpopulation rebounding from about 300 to 3,000 over the past 40 years, the FWCrecognizes Florida's conservation success with bears and recommends the state's largestland mammal be removed from the threatened species list.Commissioners also gave tentat ive approval to a proposed FWC rule that would make itunlawful to injure or kill bears, continuing protections similar to the ones gronted to bearsas a state threatened species. The rule odditionally commits the FWC to working withlandowners and regulating agencies to guide future land use to be compatible withobjectives of the bear plan.The draft plan proposes: Seven bear management units (BMUs) to reflect areas where Florida's black bear

populations are concentroted. The units would offer the opportunity for local input onmanaging bear populations and habitat. For example, the Central BMU, based in OcalaNational Forest, has the largest estimated population of about 1,000 bears; the EastPanhandle BMU encompasses Apalachicola National Forest, with roughly 600 bears;and the South Central BMU in Glades and Highlands counties has about 175 bears.

Creation of "Bear Smart Communities" in areas of high bear activity. A "Bear SmartCommunity" would involve its residents, businesses, public agencies and schools ineducating people about how to live in bear country and respond appropriately tohuman-bear conflicts.

Curt Blair- Chamber's Recommendation for New Appointment to the Board (9:11 AM)Mr. Pierce presented Item #1 of his report.1- Board action for Ms. Beverly Hewitt to be appointed the Apalachicola Chamber of Commercerepresentative to the TDC. She is replacing Mark Friedman. The TDC has reviewed Ms. Hewitt'squalifications and has determined she is qualified to serve.Motion by Parrish, seconded by Lockley, to appoint Beverly Hewitt as the ApalachicolaChamber of Commerce representative to the Franklin County Tourist Development Council;Motion carried 4-0.

Report - Airport Committee on FaD and New Hanger Bids (9:12 AM)Mr. Pierce presented Item #3 of his report.

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3- Airport updote- The Airport Advisory Committee recommends the Board enter intonegotiations with Sky High Apalachicola as the new FBD at the airport. The Committee wouldhave Sky High use the existing FBD building. The Committee recommends that all the proposalsfor use of the new hanger be rejected and re-advertise. The concern was that some of the firmswanting to use the new hanger offered to increase their proposed rent, but this was done afterall the proposals had been opened and discussed. Based upon previous direction from theBoard, AlA TC has signed a 3 month extension so unless the extension is cancelled AlATC isentitled to be the FBD until April 30. Board discussion.The Board and Attorney Shuler discussed this matter further. Commissioner Sanders and Attorney Shuler discussed an out clause from the 90 day agreement with AIATC. Attorney Shuler discussed #9 from his report. 9. AirportAttorney Joe Silva has sent a letter to me demanding that the county engage in goodfaith negotiations to extend the lease by an additional ten year period. A copy of his letter isattached. We will take this up for action at the next board meeting.The Board and Attorney Shuler discussed this item further. Commissioner Parrish recommended rejecting all bids submitted for the hangar and didn't think it was a good idea to proceed with this action. Ted Mosteller, the Airport Manager, explained why the Airport Committee wanted to reject all of the bids fo r the hangar. Attorney Shuler provided additional information and the Board discussed this matter further. Mr. Mosteller corrected the record stating that the name of the company fo r the FBD is Fly High Apalachicola, not Sky High. Commissioner Parrish suggested looking at the proposed lease before any action is taken by the Board. The Board discussed rejecting the bids fo r the hangar and FBG versus selecting from the current bidders. Commissioner Lockley expressed concerns of agreeing to a contract that is too long and a possibility that the new FBD doesn't provide any new jobs, which is the situation with the current FBD. Mr. Pierce suggested negotiating a shorter contract for better results. Commissioner Parrish expressed some of his concerns with a new FBG and a long contract. He also discussed the bidders now knowing each others' numbers. Chairman Jackel asked the representatives fo r Fly High Apalachicola to address the Board and discuss their plans for the Airport. Mr. Karel Van Der Linden and his wife Mari-Elena, representatives of Fly High, addressed the Board and discussed one of their current FBG's at an airport in North Carolina, which they said

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was a similar situation as the Apalachicola Airport. They also discussed marketing the area through various media outlets and explained that their goal is to have at least 11 employees on staff, which would be mostly local. Commissioner Lockley and the representatives specifical ly discussed when they would have the II ocal employees on staff. The Board and the Fly High Representatives discussed staffing the FBO and also the goals of the company. Commissioner Sanders asked how Fly High became interested in the Apalachicola Airport and the representatives discussed their experience with FBO at other airports. Commissioner Parrish wanted their assurance that they would be available, i f needed, by the Board since their home base is in Lexington. The representatives explained how they respond to issues at their other locations. Commissioner Lockley discussed the importance of selling fuel for the FBD business. The representatives stated some ofthe other issues that are important to make the FBO service and the airport successful. Commissioner Parrish and the representatives discussed the accessibility ofthe Airport for emergency situations, such as the Medevac Air Ambulances. Chairman Jackel thanked the representatives of Fly High Apalachicola fo r addressing the Board this morning. Motion by Sanders, seconded by Parrish, to accept recommendation of the Airport Committee to award the FBO services at the Airport in Apalachicola to Fly High Apalachicola, contingent upon successful negotiations for a contract with the Attorney Shuler; Motion carried 3-1, Lockley opposed. The Board discussed the proposals for the Hangar. Chairman Jackel stated that she would like to have the opportunity to review the proposals for the Hangar one more time before a decision is made. Attorney Shuler recommended that the Board allow him the opportunity to negotiate for the Hangar, as with the FBO. The Board discussed this matter further. Motion by Parrish, seconded by Sanders, tabling this item until the March 6, 2012 Meeting, when the Board will select a proposal fo r the hangar; Motion carried 4-0.

Recess (10:10 AM) Chairman Jackel called for a recess.

Reconvene (10:28 AM) Chairman Jackel reconvened the Meeting.

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BOA - Report (10:28 AM)Mr. Pierce presented the items from the Advisory Board of Adjustment report.The following recommendations were made by the Advisory Board of Adjustment at theirmeeting held February 1,2012:1 Approve a request for a variance to construct a rock retaining wall within the Critical HabitatZone on Lot 7, Block Y, Peninsular Point, Alligator Point as requested by DEC Engineering, agentfor Angelo Petrandis.2 - Approve a reques t for a variance to construct a rack retaining wall within the Critical HabitatZone on Lot 8, Block Y, Peninsular Point, Alligator Point as requested by DEC Engineering, agentfor Finley & Jean McMillan .

3 - Approve a reques t for a variance to construct a rock retaining wall within the Critical HabitatZone on Lot 9, Block Y, Peninsular Point, Alligator Point as requested by DEC Engineering, agentfor Lonny Ellingworth.

Motion by Sanders, seconded by Lockley, to approve Items 1 - 3, as recommended by theAdvisory Board of Adjustment; Motion carried 4-0.

Marcia M. Johnson - Clerk of Courts - Report (10:29 AM)Mrs. Johnson had no report for the Board.

Alan Pierce - Director of Administrative Services - Report (10:29AM)Mr. Pierce presented his report to the Board.1- Board action for Ms. Beverly Hewitt to be appointed the Apalachicola Chamber of Commercerepresentative to the TDC. She is replacing Mark Friedman. The TDC has reviewed Ms. Hewitt'squalifications and has determined she is qualified to serve.This item was discussed earlier in the Meeting.2 -Inform the Board that the cutting of 4th St in Eastpoint was done by Eastpoint Water andSewer District. It was done in the US 98 ROW. The road cutting and ditch wark are beingsupervised by Transfield Services in accordance with their contract with DOT. I informedTransfield of the Board's objections to 4t h St being cut without Board approval, and about theBoard's safety concerns for the deep ditch the District has dug along the side of the road. I amwaiting a response back from Transfield.

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I did receive a draft Letter of Credit from the District that Mr. Allen said his Board wouldbe reviewing at their next meeting.Commissioner Sanders commented on the removal of the sidewalk in this area.Commissioner Parrish stated that he received public complaints regarding this project. Heasked Mr. Pierce to contact someone for a solution regarding the complaint.Chairman Jackel explained that Clay Kennedy, of Preble-Rish, is looking at that area fo r asolution, which wil l probably result in re-paving that area.3- Airport update- The Airport Advisory Committee recommends the Board enter intonegotiations with Sky High Apalachicola as the new FBO at the airport. The Committee wouldhave Sky High use the existing FBO bUilding. The Committee recommends that all the proposalsfor use of the new hanger be rejected and re-advertise. The concern was that some of the firmswanting to use the new hanger offered to increase their proposed rent, but this was done afterall the proposals had been opened and discussed. Based upon previous direction from theBoard, AIATC has signed a 3 month extension so unless the extension is cancelled AlATC isentitled to be the FBO until April 30. Board discussion.This item was discussed earlier in the Meeting.4- Board action to approve Finol Change Order (Change Order No.4), Reconciliation ofQuantities for Corporate Hanger. The Changer Order has been approved by the engineers andthe Airport Manager, Ted Mosteller.Motion by Sanders, seconded by Parrish, to approve Final Change Order (No.4)Reconciliation of Quantities fo r Corporate Hangar; Motion carried 4-0.5- Board action for Chairman to sign Notice of Award to C. W. Roberts for the CR 67 Bridgeapproach contract.Motion by Sanders, seconded by Lockley. to approve Chairman Jackel's signature on theNotice of Award to C.W. Roberts fo r the CR 67 Bridge approach contract; Motion carried 4-0.6- Inform Board that Ms. Kim Barnhill is now the new acting administrator for the FranklinCounty Health Dept. From the brief message I received I believe Ms. Barnhill will continue in herrole as Jefferson County Director while she is acting director here.7- Inform Board that the FWC did respond to the Board's comments about the Gag Grouperrules, and the FWC did create a Florida season for 4 counties, including Franklin, for the timeApril through June.Mr. Pierce and Commissioner Sanders discussed the location of the upcoming FWC Commissionmeeting.

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8- Inform Board that the FWC has announced tentative dates for applying for constructiongrants for Abercombie Boat Ramp and the St. George Island Bathroom project will be April 9June 8. Mark Curenton will be working on the applications for both projects.Chairman Jackel asked that extra attention is paid to the deadlines for this project.9- Board direction on a sunken boat at the sand ramp on st. George Island. The boat has beensunk for about a month. It is not currently in the way, but high water could shif t the boatcausing major problems for everyone trying to use the ramp. The boat is approximately 20 feetlong and is probably 75 feet from land in the middle of the lagoon.Chairman Jackel asked that County Staff first try to locate an identification number on the boatand send a letter to the owner asking that they remove the boat.

Motion by Parrish, seconded by Sanders, to contact owner of boat and assist, if necessary, inmoving the boat; Motion carried 4-0.10-lnform Board that by Order of the Governor (Executive Order 12-10), the Governor hasordered a review of all 1634 special districts in the state. The Office of Policy and Budget willconduct the examination.ll-lnform Board that the Northwest Florida Water Management District will be holding apublic hearing on Feb. 23, at 1:10 PM at its offices in Havana to present its 5 Year LandAcquisition Plan. The 5 Year Plan does not include any new acquisitions in Franklin County sothere are no proposed changes in the county.12-lnform the Board that DEP did grant a time extension until March 21 to the countyregarding the Notice of Violation issue on Alligator Point. I am arranging a site visit with DEPand the county's consultant, Mike Dombrowski, to go over the issue.13- Commissioner Lockley asked that I make some inquiry into how other rural hospitals haveestablished billing offices as it has been a discussion the Board has had ever since the two localbanks were closed by the FDIC. I spoke at length with Doctor's Memorial CEO Mr. Richard Huth,in Perry, Florida. He has been the CEO of Doctor's Memorial for 3 years and was veryinformative. He offered to come to a Board meeting and discuss with the Board what he haslearned about running a rural hospital. Doctor's Memorial is under a lease agreement withTMH.Motion by Sanders, seconded by Lockley, to send a letter and email to Hospital Boarddirecting them to expedite the process of creating a local billing office, and discuss it at theirnext Hospital Board meeting; Motion carried 4-0.

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The Board discussed this matter further.14- Franklin County Librarian Glenda Ondracek requests Board permission to advertise to fill thevacancy created by the departure of Ms. Suzanne Creamer. The position is a permanent, parttime, position, with a recommended hourly salary of$10/hour, and up to 26 hours per week ofemployment.Commissioner Sanders discussed concerns and asked that Ms. Creamer's departure isinvestigated further.Motion by Sanders, seconded by Lockley, to table this item and direct Mr. Pierce toinvestigate Ms. Creamers resignation; Motion carried 4-0.15- Commissioner Parrish was in Washington, DC, attending to county business during the firstweek of February regarding the BP oil spill, and also the oyster industry. On the BP oil spill, itappears that Congress is making progress in directing money to the impacted counties. TheHouse passed the RESTORE Act which stipulates that for the state of Florida, "75% of thefunding shall be applied to the 8 disproportionately affected counties .." of which Franklin is one,and the remaining 25% will be distributed around the state. The amount offunding is beingnegotiated between federal officials and BP.

The Senate is expected to vote on a similar bill within 2 weeks.Commissioner Parrish discussed the details of his Washington, D.C. trip. He said the group washeard, well received and said he believed they had a positive impact at this meeting.Chairman lackel suggested that a Letter of Support should be sent to Senator Nelson.Motion by Parrish, seconded by Lockley, to send a Letter of Support and Thank You toSenator Nelson fo r his continued support of this issue; Motion carried 4-0.16- Chairman lackel met with Congressman Southerland, USACOE representatives, and DEPrepresentatives on Feb. 13 to discuss the need to dredge the Eastpoint Channel. DEP appearsready to accept the commitment made in 1983 to allow "one more time open water disposal."This means the spoil material will be placed on the Eastpoint breakwater and solves a majorproblem of where to put the spoil. The USACOE is looking into the funding opportunities.Chairman Jackel commented further on the meeting. She said leff Littlejohn, of DEP, assuredthat the County would have a permit within 6 months and then will be pu t back on the Corps'discretionary fund fo r projects. The Chairman also discussed some of the reasons this projecthas been pu t off fo r so long.Commissioner Sanders thanked Chairman Jackel for her efforts on this item and provided somehistory on the dredging of the Eastpoint Channel.

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17. Board action fo r a change order for energy efficiency in CarrabelleMotion by Sanders, seconded by Parrish, to approve change order fo r energy efficiencyproject at the Carrabelle City Complex; Motion carried 4-0.The Board discussed this project with Mr. Pierce.Chairman Jackel asked that Mr. Pierce verify that supplies are purchased locally as much aspossible.The Board and Mr. Pierce discussed the replacement of the windows at the Courthouse.

18. Board action to approve Mr. Richard Dunkin and Leon Lathan to trap hogs and coyotes onairport property. The Airpor t Advisory Committee reports that the animals are a risk toairplanes and need to be removed. Board action is to allow the two individual 30 days to trapthe animals.The Board and Attorney Shuler discussed this mat ter further.Motion by Parrish, seconded by Lockley, to allow Leon Latham and Richard Duncan on theApalachicola Airport property to trap hogs and other wild animals, with a 30 day time limitand to comply with all State hunting rules and regulationsj Motion carried 4-0.19. Provide the Board with a letter of appreciation from the Apalachicola Chamber ofCommerce for the Board's support in getting in the Sports Illustrated Swimsuit edition.20. Board action to direct Mr. Pierce to write a letter to any entity holding a key to the backgate of the airport and remind them the gate must remained lock. Mr. Mosteller has reportedthat the gate is being left open after working hours and on weekends.Motion by Sanders, seconded by Parrish, to write a letter to the holders of Airport gate keysasking that they provide better gate control at the Apalachicola Airport; Motion carried 4-0.

Michael Shuler - County Attorney - Report (11:12 AM)Attorney Shuler presented his report to the Board.

Action Items1. 2012 Annual County Attorney Conference

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I request appraval to attend the 2012 Annual Caunty Attorney Conference in Orlando,Florida to be held June 20-22, 2012.

The County Commission annual conference also occurs at that same time andlocation.

BOARD ACTION REQUESTED: Approval to attend the 2012 annual countyattorney conference in Orland, Florida.Motion by Sanders, seconded by Parrish, to allow Staff to make arrangements fo r Board andCounty Attorney to attend the 2012 Annual County Attorney Conference in Orlando andapprove travel and expenses; 4-02. Larry Troy and Angela Troy v. Joanna McCall, Charles McCall and FranklinCounty.

The Trays have filed suit against the neighbors and the county.BOARD ACTION REQUESTED: I need authority to accep t service of process of

the lawsuit.A summary of the suit follows:Count One of the complaint asserts that Franklin County has allowed unlawful

development in the critical habitat zone ("CHZ") in violation of our zoning code andthat we have unlawfully allowed lights on the McCall's dock in violation of the DockOrdinance.

The Troy's allege that the county wrongfully allowed the McCall's to conduct thefollowing activities contrary to the zoning code:

a. Build a fence within the CHZ;b. mow/spray chemicals within the CHZ;c. have fire pit within the CHZ;d. plant ne w vegetation within the CHZ:e. place rocks and boulders within the CHZ; f erect a pole within the CHZ that has a "No Trespassing I sign on it. The County's position is that it timely caused the McCall's cease certain activities within

the CHZ that are disallowed by the zoning code, bu t not others. The Troy's position is that all theactivity is against the code. For example, the McCall's were required to cease mowing/sprayingwithin the CHZ. The remaining allegations are not violations of the zoning code.

The Troy's allege that the Dock Ordinance is violated because the McCall's hadProgress Energy install a light on an existing power pole in the right of way. Thelight is not on the dock. The county maintains that no Dock Ordinance violationoccurred because the light is not installed on the McCall's dock. The McCall's wererequired to remove the underwater lights on their dock.Chairman Jackel commented on this i tem.Motion by Parrish, seconded by Sanders, to accept service; Motion carried 4-0.

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3. Travel Reimbursement PolicyThis item was tabled from your last meeting. I need board direction on how to

apportion the in-state and out-of-state travel expense for break-feast, lunch anddinner. Based on the current $39 travel per diem, the present break down is 18% forbreak-feast; 31% for lunch and 51% for dinner.

As an aside, the 2012 IRS travel rate is $46.00, which means, if the board desires, insteadof raising the in-state rate from $39 to $50, you may want to consider Simply passing a policythat the in-state travel will adjust annually based on the annual IRS travel rate. This would makein-state travel consist with your existing policy on mileage, which adjusts annually based on theIRS guidelines. It would be difficUlt for anyone to argue with the use of such a standard and willreduce the general travel expenses from the proposed new policy of$50.00 per day and will alsono t result in additional taxable income to those county employees who travel.

Out of state travel is extremely limited and a policy of$75.00 per day is no t too far outof line with the federal ou t of state travel policy.

BOARD ACT/ON REQUESTED:a. What does the Board desire to do regarding in-state travel reimbursement?b. What does the Board desire to do regarding the out-of-state travel reimbursement?c. How does the Board desire to apportion the travel reimbursement for meals?

This item was deferred to the next meeting.4. Calvin, Giodarno and Associates mCGA ") v. BP

The Board tabled this issue at the last meeting. The essential facts are that FranklinCounty hired CGA to manage the county's response to the Deep Water Horizon Oil Spill. CGArequests that Franklin County join with them in a lawsuit in Tallahassee to collect approximately$400,000.00for an oil skimmer staged in Franklin County. BP has refused to pay for the oilskimmer and has removed the lawsuit filed by CGA from Franklin County state court to FederalCourt in Tallahassee.The contract between the county and CGA was an "at-risk" contract which provided thatCGA would ge t paid when the county was reimbursed by the responsible party.

The contract further provided that the county would in good faith assist CGA incollections by filing a lawsuit in Franklin County which CGA would join as lead counsel.

We are required by the contract to assist CGA by filing suit in Franklin County. To date,Franklin County has not filed suit to assist CGA in collection of the amount owed for the oilskimmer as required by our contract with them.

If we do not join with CGA in the Federal District Court in Tallahassee, or file suit inFranklin County, we will be in breach of our contract and subject to damages from which thelIat-risk" nature of our contract will not protect us. The damages CGA would seek most likely willbe the amount that they billed BP; to wit: about $400,000.00. CGA likely prefers a direct suitagainst us, as opposed to BP
http:///reader/full/400,000.00http:///reader/full/400,000.00http:///reader/full/400,000.00http:///reader/full/400,000.00

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Since BP removed CGA's lawsuit to Federal District Court in Tallahassee, they will surelyremove to Tallahassee any su it which we file in Franklin County. Meaning that the county will bein court in Tallahassee anyway.

In my opinion, the venue pravision of the contract does no t supersede our contractualobligation to assist CGA in good faith to collect money it alleges is owed to it by BP. Therefore,the county must either file a lawsuit in Franklin County to collect from the responsible party, or,alternatively or join with CGA in the Federal District Court in Tallahassee. Your risk of damagesfor breach of contract if you do not take either course of action is substantial. I recommendjoining the sui t in Tallohassee.

There is no provision in the contract which allows the county to require CGA to pay yourattorney fees.

Note: a copy of my 2/15/12 email to CGA is attached.BOARD ACTION REQUESTED: For administrative convenience, it makes more sense

to join CGA in Federal District Court instead of starting a new lawsuit in Franklin County. Giventhe contract terms, you are required either to join the existing sui t in Tallahassee or file suit inFranklin County and then ask CGA to join as lead counsel. In either event, CGA will be leadcounsel and will bear the responsibility for the vast majority of the expenses and attorney fees.Failure to take either course of action will open the county to substantial risk of damages forbreach of contract. Damages for that breach sought by CGA most likely will be in the amountallegedly owed for the oil skimmer; to wit: $400,000.00. This is an undue risk that can beavoided with modest expense by joining the litigation in Tallahassee.Chairman Jackel and Attorney Shuler discussed CGA paying for the County's legal expenses inthis litigation.Commissioner Sanders stated that she never considered filing a case in Federal Court when shevoted to approve the contract.Attorney Shuler explained why the case was moved to Federal Court, which he said was not thefault of CGA but of BP.Commissioner Sanders expressed concerns ofthe cost of legal fees to the County.Chairman Jackel and Attorney Shuler discussed the outcome if CGA doesn't win the suit and ifthe County does or doesn't join the litigation.Attorney Shuler explained the litigation process further. He said the County asked CGA toprovide the skimmer to protect the natural resources of the Bay in the event the oil made ithere.Commissioner Parrish commented on this matter further and stated that he is in favor ofsupporting CGA because they did what the Board asked them to do in order to prepare for theoil spill.Commissioner Lockley explained that the County did ask CGA to obtain the skimmer fo r theCounty and he also supported joining litigation wi th CGA.Commissioner Sanders asked if this is the only payment that has been denied and what was theCounty's role with assisting fo r the other reimbursements. Attorney Shuler discussed.

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Mr. Pierce stated that other items were disallowed bu t this is the only large outstanding amount. Commissioner Sanders asked if CGA already paid ou t the $400,000 bu t Attorney Shuler could not verify this. Attorney Shuler stated that the most the County should pay is about $75,000 in legal fees. The Board and Attorney Shuler discussed the cost of not joining CGA. Motion by Parrish, seconded by Lockley, to join eGA in lit igation with SP; Motion carried 4-0.

5. County Wide Parking OrdinanceThe present parking ordinance does no t make it violation for parking in the county right

of ways, except in deSignated parking areas. I am told that the Sheriff requires that theordinance be amended before he can take action against people parking in the right of ways ofcounty road, except in designated parking areas.

BOARD ACTION REQUESTED: Permission to schedule a public hearing to discuss amending the parking ordinance. Chairman Jackel stated that parking is a problem through-out the County, especially at boatramps so she objected to changing the wording of the Ordinance to make parking morerestrictive.Attorney Shuler suggested making parking available everywhere except where designated as ano parking area.Commissioner Parrish stated why it is necessary to restrict parking in certain parts of theCounty.CommiSSioner Sanders asked that a representative from the Sheriffs Department come to thenext meeting to discuss this matter further.Commissioner Parrish asked fo r additional information on this matter before the Board takesaction.Jim McCoy, President of Alligator Point Taxpayers Association explained that Alligator Point hasa serious problem during the summertime with parking, trash pickup, and bathrooms. Hestated that he is working with the Sheriff's Department on the parking problems, but the Sheriffneeds Board action to change the Ordinance to enforce parking.Informational Items6. TDC Spending Plan

Unless directed otherwise, it is my intent to schedule the ordinance adoption of the TDCspending plan for the second meeting in March 2012.7. Highway Patrol Station Property ( two and one-half acres, more or less)

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I today (2/17/12) received a letter from the State requesting that we release a deedrestriction limiting use of the highway patrol station to that purpose only and that the buildingbe built within one year. They want the county to release the restriction so that they can sell the2.5 acre, more or less, parcel. We will take this up for action at the next board meeting.8. DOAH Appeal re: Alligator Point Rock Revetment

DOAH granted an extension until April 6, 2012. Unless we reach a final settlement withthem before that date, the county will either have to file an appeal of their Notice of Violation orseek another extension.9. Airport

Attorney Joe Silva has sent a letter to me demanding that the county engage in goodfaith negotiations to extend the lease by an additional t

Mar 6 2012

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