FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING FRANKLIN COUNTY COURTHOUSE ANNEX FEBRUARY 7, 2012 9:00 AM AGENDA

The Board of County Commissioners asks that all cell phones are turned off or placed on silent (vibrate) mode. If you would like to comment on any matter, when recognized by the Chairman, state your name, sign the speaker log, and please adhere to the 3 minute time limit. If you plan on distributing any handouts (information) to the Commission, please provide a copy to the Clerk for the official records.

9:00 A.M.

Call to Order Prayer and Pledge Approval of the Minutes Payment of County Bills

REGULAR MEETING: January 17, 2012 & SPECIAL MEETING: January 18, 2012

9:05 A.M. 9:15 A.M.

Jimmy Harris- To address security at the Carrabelle Annex Department Supervisor Report Hubert Chipman Superintendent of Public Works Van Johnson Solid Waste Director Pam Brownell- Emergency Management Director Bill Mahan County Extension Director Ms. Cindy Drapel- Hospital Jay Abbott- Communications Update Leslie Palmer- DACS Update Open bids for CR 67 Bridge Project Helen Spohrer- BP Buy-Out Program and Curt Blair TDC Expenditures Marcia Johnson- Clerk of Courts Report Alan Pierce- Director of Administrative Service T. Michael Shuler- County Attorney Report Commissioners' & Public Comments Adjourn

9:30 A.M. 9:40 A.M. 9:50 A.M. 10:15 A.M. 10:30 A.M. 10:45 A.M. 11:00 A.M. 11:15 A.M. 11:30 A.M. 12:00 P.M.

FRANKLIN COUNTY DEPARTMENT OF

Solid Waste & Recycling y Animal Control y Parks & Recreation
210 State Road 65 Eastpoint, Florida 32328 Tel.: 850-670-8167 Fax: 850-670-5716 Email: fcswd@fairpoint.net

DIRECTOR'S REPORT FOR: The Franklin County Board of County Commissioners DATE: February 7, 2012 TIME: 9:00 A.M. SUBJECT(S): 2012 FRANKLIN COUNTY DIXIE SOFTBALL STATE TOURNAMENT: FOR BOARD INFORMATION: On January 28th, the Franklin County Parks & Recreation Coordinator presented Franklin County's bid to host the 2012 Dixie State Tournament and Franklin County was awarded the bid. The tournament will be held around the first week of July at the Will S. Kendrick Sports Complex. ACTION REQUESTED: None.

PLAYHOUSE 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.

fogitliN COLlu..
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EMERGENCY MANAGEMENT

28 Airport Road Apalachicola, Florida 32320 (850) 653-8977, Fax (850) 653-3643 Em3frank@stcom.net

Report to Board of County Commissioners

Date: February 7, 2012 Action Items: None Information Items: The Community Emergency Response Team (CERT) training conducted January 27-29 at the EOC is off to a great start. We had 14 participants thanks to the Boy Scouts, the St. George Island Regatta, local churches and non profits. We hope they return for the second session of training on February 11-12 to become Franklin counties official CERT team. Mike Rundel and I will be attending the Florida Emergency Preparedness Association 2012 training conference from February 5-10 in Daytona, Florida. Attendance is mandatory as per our yearly scope of work. Franklin County Emergency Management is part of the planning section for the Florida Statewide Geomagnetic Storm exercise that will be conducted in our region March13, 2012. Emergency Management is hosting a Community Wildfire Protection Planning session presented by Florida's Forest Service, formerly the Division of Forestry, on Feb. 13, 2012 at 10:00am at the EOC. All Volunteer Fire Departments have been invited to attend and will have a chance to help shape the plan from a local perspective.

Sincerely,

Pamela Brownell
Pamela Brownell, Director

IFAS Extension
Franklin UF/IFAS Extension 66 -4th Street, Apalachicola, FL 32320-1755 850-653-9337 / bmahan@ufl.edu
MEMORANDUM: TO: FROM: The Franklin County Board of County Commissioners Bill Mahan, Franklin/UF - IFAS Extension Director Bill

SUBJECT: January 17, 2012, BCC Extension Update Report

Franklin - UF IFAS Updates

1) Franklin County School Butterfly Garden- Lydia Countryman, a middle school teacher at the Franklin County School has
received a grant to develop a butterfly garden at the school. She contacted me for help. To date, I sent soil samples to the UF Soils Lab for testing and provided Ms. Countryman with several UF fact sheets on setting up butterfly gardens in FL. St. George Island Civic Club Program I am scheduled to do the program at the St. George Island Civic Club's Meeting scheduled for February 16th . There are several program options; however, at this time I am planning on doing a program on the Pacific lionfish invasion of the northern Gulf of Mexico. FL Panhandle Outdoors Live Program The second of this year's "Outdoors Live Programs" is scheduled for February 16 at the "Chipola River Bluffs & Caverns, Falling Waters.". The cost of the program is $30. For more information or to register, please visit http://panhandleoutdoorslive2012.eventbrite.com/. Tarpon Genetics Programs I am working with Apalachicola National Estuarine Research Reserve (ANERR) and FL Fish & Wildlife Commission staff to conduct two tarpon genetics programs in late February. The first program is a Sci-Caf "Understanding Tarpon & How You Can Help Scientists, scheduled for February 28th from 5:30 PM 7:30 PM at the "Fathom's Steam Room & Oyster Bar," Carrabelle. The Sci-Caf is a new ANERR program series designed to be a relaxed, fun face-to-face conversation with scientists on current science issues. The second program is a "Tarpon Workshop" scheduled for February 29th from 9:30 AM 12:30 PM at the new ANERR Complex of Island Drive in Eastpoint. The workshop will provide a basic overview of tarpon biology, ongoing research related to tagging and satellite tracking and genetic sampling. For more information or to register, contact Margo Posten, Coastal Training Specialist, (850) 670-7719; Ma rgaret.postenPdep.state.fl.us or Rosalyn Kilcollins at Rosalvn.kilcollins@deb.statell.us. Workshop partners include: FWC/FWRI, U of Miami, Franklin County Sea Grant, Forgotten Coast TV, Captain Chester Reese, and Captain Ron Harper. The target audience is interested individuals, fishing guides & associations, anglers, fishery biologists and other interested organizations. Franklin County Community Traffic Safety Team (CTST) Update During the January meeting the members of the Safety Team were informed by FDOT that the sidewalk project from Tallahassee St. to the Will Kendrick Sports Complex has been completed. The turning lane project at US 98 and Island Drive is almost complete. Carrabelle Coastal Resilience Index Self Assessment The County Extension Office teamed up with the Apalachicola National Estuarine Research Reserve to conduct a Coastal Community Self-Assessment Workshop in Carrabelle on January 19th. The workshop was well attended and a great learning experience for all involved. The Resilience Index acts as an indicator of a community's ability to reach and maintain an acceptable level of functioning and structure after a disaster. Call-in Issues: January's calls for technical assistance included information requests on the following topics: recreational & commercial fishing regulations (speckled trout, redfish & grouper), invasive plant control, getting bats out of a building, assorted gardening questions (what to plant, when to plant, pesticide & herbicide safety, etc.), getting squirrels out of an attic, testing a pressure cooker, small-scale catfish aquaculture, meat rabbits, chickens, freezing & canning, plant and turfgrass diseases, beekeeping, goliath grouper, mushrooms, identification of insects & plant diseases, soil testing, limited pesticide certification licenses, and growing/pruning grapes.

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FL Fish & Wildlife Commission (FWC) 8) Next FWC Meeting Is February 7 9, 2012 in Tallahassee._ On February 7th, there will be a Marine Fisheries Stock
Assessment Workshop - The sole purpose of this workshop is to provide the Commissioners a forum to discuss and exchange ideas about state and federal marine fisheries stock assessment processes and how it relates to marine fisheries management. The Commission will not be taking action on specific regulatory issues. On February 8th the following final rules will be discussed Gulf of Mexico Gag Grouper - Adoption of Federal Standard - The following rule amendments are proposed to achieve consistency between the Commission's reef fish rule and proposed federal regulations in Gulf of Mexico federal waters: Commercial Size Limits: The s proposed rule would reduce the minimum size limit for gag harvested commercially from the Gulf of Mexico, except from all waters of Monroe County, to 22 inches total length. Size Limits for Importation and s Sale - The proposed rule would reduce the minimum size limit for gag for purposes of sale, purchase, or exchange from 24 inches to 22 inches total length, statewide. Recreational Grouper Seasons s - The proposed rule amendment would set the recreational open harvest season for gag grouper in all state waters of the Gulf of Mexico, except in all waters of Monroe County, to July 1 through October 31 each year. Recreational harvest would be prohibited January 1 through June 30 and November 1 through December 31 each year. Draft Rule: Oysters - The harvest of oysters s is jointly managed by the Florida Department of Agriculture and Consumer Services (DACS) and the Florida Fish and Wildlife Conservation Commission. DACS recently developed a rule that shortens the time fishermen are allowed on the water per day. The proposed draft rule would modify the Commission's oyster rules to allow more days open to harvest oysters. s Apalachicola Bay Oyster Harvesting Restrictions -The proposed draft rule amendment would allow the harvest of oysters seven days a week in Apalachicola Bay. 9) New Database Promotes Boating Access - Boaters can visit the Public Boat Ramp Finder site to locate and obtain details for more than 1,600 publicly accessible boat ramps. To access the database, visit MvFWC.com/Boating. To help the FWC improve and update this database, the public is asked to email BoatRamps(WMvFWC.com to report errors or new information.

Gulf of Mexico Fishery Mpnaaement Council (GMFMC) 10) Reminder - Gulf of Mexico Recreational Grouper Season to Closed February 1 - The GMFMC reminds anglers that the
recreational shallow-water grouper fishery will closed on February 1 and will remain closed through March 31. The annual closure, which includes gag, black, red, yellowfin, scamp, yellowmouth, rock hind and red hind, is designed to protect gag, which are often found and caught with the other grouper species. The two-month spawning season closure helps reduce overfishing of gag and rebuild 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 gag season is July 1 through October 31.

rI

COASTAL TRAINING PROGRAM

FLORIDA

TARPON WORKSHOP
February 29, 2012 9:00 a.m. to 12:30 p.m. EASTERN TIME Apalachicola National Estuarine Research Reserve 108 Island Drive Eastpoint, FL 32328
Free, but advanced registration required. Deadline Feb. 22, 2012. See below for details. A continental breakfast and workshop materials will be provided.

Date: Time: Location:

Registration:

Who Should Come? Fishing Guides, Anglers, Fishery Biologists, Fishing Associations and Other Interested Organizations and People
This workshop will provide a basic overview of tarpon biology, as well as information about ongoing research relating to tagging and satellite tracking and the genetic/DNA sampling study. Participants will learn about the DNA sampling kits and how local anglers can help protect this valuable gamefish. This is also an opportunity for sharing local knowledge of tarpon in this area. WORKSHOP OBJECTIVES INCLUDE: Increase scientific understanding of tarpon life history Increase ability and capacity for collecting tarpon DNA for research Gain new understanding of tarpon tracking research and tarpon ranges in the region Increase awareness of contacts and sources for assistance, tarpon information and collaboration, Featured Speakers
Dr. Kathryn Guindon, Research Associate, Florida Fish & Wildlife Conservation Commission, Fish & Wildlife Research Institute Dr. Jerald S. Ault, Professor, Univ. of Miami, Rosenstiel School of Marine & Atmospheric Science Bill Mahan, Franklin County OF IFAS Sea Grant Extension Agent Captain Chester Reese Captain Ron Harper

For more information and to register contact: Margo Posten, Coastal Training Specialist, (850) 670-7719 or Margaret.posten@dep.state.fl.us OR Rosalyn Kilcollins at Rosalyn.kilcollins@dep.state.fl.us Workshop partners include: FWC/FWRI, U of Miami, Franklin County Sea Grant, Forgotten Coast TV, Captain Chester Reese, and Captain Ron Harper
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Introducing the First in Our New

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Series

Topic: Understanding Tarpon & How You Can Help

the Scientists February 28, 2012 Date: 5:30 pm to 7:30 pm (EASTERN TIME) Time: Location: Fathom's Steam Room & Oyster Bar 201 St. James Ave (on Hwy 98), Carrabelle, FL Admission: FREE Sign up in advance. Contact Margo Posten Margaret.posten@dep.state.fl.us or 850-670-7719 Beverages & Food Available for Purchase Before & After Program
Who Should Attend? You! Fishing Guides & Associations,

Anglers, Fishery Biologists, and Other Interested Organizations

FEATURING
Dr. Kathy Guindon FWC/FWRI on Tarpon DNA Research

Ever wonder: What a larval tarpon or the inside of a tarpon's swim bladder looks like? Why this fish breathes air? Where a tarpon swims after you release it? Whether or not it survives after release? OR If you ever catch the same fish twice? To answer these questions and more, Dr. Kathy Guindon will give an overview of the life of tarpon and results of her 9.5 years of tarpon research. The Tarpon Genetic Recapture Study uses DNA fingerprinting to identify and track individual tarpon and gather distribution information, recapture rates, and movement patterns. To learn why and how you can personally get involved in the research, as well as gather some tips, join us for this fun event.
Dr. Jerry Ault - University of Miami RSMAS on Tarpon Tracking: Learn about satellite tracking and the amazing journeys of tarpon in our area. Also On Hand will be: Bill Mahan the Franklin County UF/IFAS

Contact: Margo Posten Celesta! Training Special Apalachicola National Estuarine Research
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Sea Grant Extension Agent and Local Fishing Guides

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Outline of Weems Administrative Report to BOCC - 2/7/12

Recruitment Efforts o Hospital/WMCE s Physician Dr. Eugene Charbonneau has been recruited to serve as the WMCE medical director. He will begin providing service at WMCE on 3/1/12. s Dietician o Erica Ceska RD- Contract began 2/1/12 CT Project Completion Covered walkway between hospital and portable trailer (see drawings & proposed budget) Financial Update o Annual Audit The annual audit has been completed by the county auditing firm Carr, Riggs, & Ingram, s LLC and was submitted to AHCA on January 31, 2012 meeting the deadline requirement. Bound copies of the report are being prepared by the firm. The annual Compass Report has been completed and was submitted to AHCA on s January 31, 2012 meeting the deadline requirement. o Finance Department TMH continues to provide remote support for month end close out processes while our s new controller, Steve Lanier, transitions into his role. o Hospital Statistics The average daily census for sJanuary was 4.7 patients per day. o Revenue Cycle Frequent contact with billing scompanies, submission of delinquent AHAC reports, and implementation of appropriate billing practices at WMCE have resulted in improved cash flow. o Request for Sales Tax funding s increase the monthly sales tax funding to the hospital to A request will be presented to the full 1% for a minimum of six (6) months to help pay several large bills. This will help the hospital recuperate from the long period of low cash flow we have recently experienced. s funds to immediately pay four (4) payments to the State A request will be presented for of Florida for the OTTED (Office of Tourism, Trade, and Economic Development) Loans #1 & #2. Respectfully submitted, Cindy Drapal

SC144/4140

GEORGE E. WEEMS MEMORIAL HOSPITAL

WEEMS ORIAL
January 23, 2012

CT Trailer Project: Canopy over walkway and trailer with landscaping; Estimated cost; 1. Galvalum metal roofing materials 2. Framing materials (all pressure treated lumber) 3. Clear roll down shades for walkway 4. Landscaping grass, bushes and crepe myrtles 5. Bollards (post for protection from vehicles) 6. Site approval from AHCA 1,885.36 3,977.30 5,760.00 1,100.00 1,700.00 2,000.00

Total Job Cost $16,422.66

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Franklin County Communications Advisory Group

1/30/12 To: Re: Alan, At the January meeting of the Franklin County Communications Advisory Group (FCAG), formerly the Franklin County 911 Communications Group, a discussion between Franklin County Emergency Medical Service (EMS) and the Franklin County Sheriffs Office (FCSO), exposed an ongoing problem which places both responders and the public at risk and warrants immediate attention. According to Mr. Tim Andrews / Director / Weems Memorial EMS: "EMS is currently having several radio issues and has been for quite some time. It has been an ongoing problem communicating with Franklin dispatch. The Lanark ambulance has extreme difficulty communicating through the Carrabelle tower. Eastpoint can hear both dispatch and the Lanark ambulance, but the two cannot hear each other. There are continual problems with feedback from the dispatch radio. Transmissions from all points are staticky and difficult to comprehend, requiring EMS units to contact dispatch by telephone at times. There are other issues as well, but they are not as frequent. All of the radio equipment (... towers, station radios, mobile radios in the ambulances and handheld radios) need testing and repairs or upgrades." The FCAG suggests that the exact nature of the problems be investigated quickly and corrected. First Communications of Tallahassee has agreed to forward their recommendations upon request, after which a plan to upgrade outdated equipment and maintain remaining equipment on a consistent basis should then be implemented. The Advisory Group hopes the county will work with EMS and the FCSO to remedy this situation in an expeditious manner for the public good. This letter is submitted on behalf of the Franklin County Communications Group. Mike Rundel Franklin County Emergency Management Coordinator Mr. Alan Pierce, Franklin County Director of Administrative Services Emergency Medical Service Communications Upgrade

Franklin County Communications Advisory Group

Date: 1/25/12

Minutes
1. Renee Brannan informed the group that we could no longer use "911" in our title. All agreed that the name Franklin County Communications Advisory Group would be acceptable. 2. Jay Abbott reminded everyone about the upcoming Chili Cook Off in March. 3. 4. 5. Law enforcement agencies will meet Feb. 8th, 2012 @ the Beach Pit (.. old Firehouse #9) for security briefing for the cook off. Tim Andrews, FCEMS, briefed everyone on the cost of Life Flight ($18K to 20K) to TMH and that FCEMS received a base rate of $400 and $14/ mile of those costs. Problems were uncovered between FCSO dispatch and EMS with respect to communication difficulties on a daily basis. It was believed to be a hardware problem and the committee will forward a letter to Mr. Alan Pierce, Franklin County Director of Administrative Services, seeking funding support for EMS equipment upgrade and maintenance. 6. Mike Runde!, FCEM Coordinator, updated members on the status of the Sumatra Tower negotiations between the Department of Management Services and the US Forest Service to fund the repair of the existing structure for use in the SLERS system. Time line puts funding in the 2012 / 2013 fiscal year. FCEM is looking to improve emergency communications for LE, Fire, EMS and First Responders in the central and northern portions of our county. 7. Steve Fling informed the group about completing the "Fire Link" in western Franklin County by installing a RF link at the EOC along with a base station and antenna. It will act the same as the link in the eastern portion of Franklin County and is designed to improve VHF reception for all firefighters and first responders. 8. Next scheduled meeting will be April 2012.

Mike Runde! / FCEM Coordinator

Report to the Board of County Commissioners February 7, 2012 1- Board direction on participating in the Camp Gordon Johnston Parade on Saturday, March 10. The Parade starts at 10:45 AM. 2- Inform the Board that the Airport Advisory Committee has met and reviewed the applications for the airport FBO and the new hanger, but I am holding the recommendation until the Feb. 21 meeting as directed at the Jan. 17 county commission meeting. I am reporting that the Committee did agree to the one month lease by Siller Helicopter in the new hanger so that they could store their Sikorsky Crane Helicopter. The agreed rent was $2000 and I have invoiced Siller for the money. 3- Mr. Tom Slocum, a retired Delta Airline executive, is recommended by the Airport Committee to become a new member. The Airport Committee does not have a set number of members so it is possible to add members at the pleasure of the Board. Board action. 4- Remind Board and public that the military will carry on another training exercise in the area from Feb. 17-March 12. I have contact information for anyone that needs it. 5- Board action to approve Change Order No. 2, which is the final change order to clean up various items on the stormwater project at the airport. Mr. Ted Mosteller and the airport engineers have signed off on the change order. 6- Inform the Board that I have contacted Michael Bloodworth and he is coming back next week to fix the solar lights at Abercombie boat ramp. 7- Inform the Board that I have contacted Transfield about Woodill Road and about the Two Mile area. On Woodill Road, Transfield has cut back more vegetation, and will be placing more milled asphalt along the north side of US 98. In the 2 Mile area, Transfield will begin next week to clean out the large ditch on the northern edge of the US 98 ROW. They will start at Airport Road and work their way into town. I have also told them about the grass in the emergency lane on the eastern end of the county. On that issue, Transfield has been informed by DOT that Franklin County had passed an ordinance banning the use of herbicides on all state roads in the county. I told the Transfield representatives that the county had requested limited application of herbicides but I did not remember an out right ban. I have checked the Board record and there is no ordinance in place. Board direction for Mr. Bill Mahan to meet with Transfield personnel and develop an appropriate herbicide spraying plan. I recall the areas of concern where SR 65 and the culvert openings that led to the Bay. 8- The Chairman and I met with Transfield personnel on Friday, Feb. 3, to discuss improvements to the bridge cleaning contract and some other items. Transfield is willing to consider providing additional funds if it can be justified so I am putting together a proposal for Transfield to consider.

Transfield, on their part, would like greater assistance from the county informing residents 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 FHP and FDOT can issue citations with fines up to $500. Hold up brochure. 9- Ms. Leslie Palmer, DACS, is here to discuss the two issues the Board raised at the last Board meeting- eliminating the harvesting seasons, and improving the shell planting program. 10- Alligator Point Update- Inform the Board that both FEMA and DEP have been visited Alligator Point recently. DEP has issued the county a Warning Letter informing the County that we have 30 days to respond to their demand that we remove the concrete debris that is found along parts of the revetment in front South Shoal. The Board needs to direct county staff to respond to the Warning Letter. Mr. Shuler, Chairman Jackel, and I met with DEP staff prior to the Warning Letter being issued. I recommend that I be directed to develop a debris removal plan for submission to DEP. I have been in contact with FEMA and the cost of removing the debris will be covered in one or more of the still open FEMA PWs for the Alligator Point relocation project. Board action. I met with five FEMA representatives on Jan. 26 to update them on the status of the road relocation 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 Ito begin the acquisition of the 4 Secon Village lots that will allow an additional section of Alligator Point Road to be relocated. As hard as this is to believe, the FEMA reps reminded me that Alligator Point Road is the first permanent road relocation project using FEMA funds that has occurred in the entire state so we need to take advantage of the funds while we have them. 11- Health Department update- As the Board directed, Chairman Jackel, Mr. Shuler, and I met on Jan. 18 with DOH representatives Robert "Sterling" Whisenhunt, Kim Barnhill, and a DOH attorney, in Tallahassee to discuss the re-opening of the Carrabelle Clinic. Chairman Jackel led off the meeting with a strong complaint about the lack of communication between DOH and the Board. She reminded the DOH representatives of the critical role the Carrabelle Clinic plays in providing health care in the eastern end of the county. The DOH representatives stated that the Clinic had a minor mold problem that they believe would be solved within 30 days. DOH would then begin to return services to the building starting with WIC one day a month. The WIC program would continue in Apalach 3 days a month. The number of days WIC is available is based on need. DOH also has a dental program that could be placed in the Carrabelle building, but they made no commitment on re-opening the Clinic as before. They also offered to assist the county in trying to get the North Florida Medical Clinic in Eastpoint to provide better service to the un and under-insured residents in the county. 12- Inform Board I will be out of town Feb. 11-18.

13- As the Board is aware, the NACo drug card, which is actively being used by the citizens of the county, has a benefit to the county as well. The FAC has negotiated a contract with NACo whereby participating Florida counties will get a monetary benefit of promoting the NACo program. It is based upon usage and with the current level of use the county commission will receive approximately $5,000. I am awaiting the NACo documents which need to be signed by the Board. In order to facilitate receipt of the funds I ask for Board action to authorize the Chairman to sign the appropriate NACo documents when they arrive.

The Law Office of Thomas M. Shafer, T.A. Apalachicola, Florida 32320

Trtone: 850-653-1757 'Fax 850-653-8627 Du' msfittfereshitterfauiftcom 9ofaifing Address: 40-0 Street Aparachicokt, TL 32320

To: Franklin County Board of County Commissioners From: Thomas M. Shuler, County Attorney Subject Matter: Attorney report for February 7, 2012 meeting Date: February 3, 2012
Action Item

1. Proposed Amendment To Hospital By-Laws The proposed amendments are attached for your consideration. It includes adding another non-voting position, for a total of seven voting and three non-voting members. Five voting members from each district and two voting members at large. Board Action: Unless the Board desires to make further amendments, I recommend approval. 2. DEP Notice of Violation: Alligator Point Revetment DEP has issued a Notice of Violation ("NOV") to Franklin County regarding the 2005 placement of construction debris into the revetment as part of the emergency repairs we made following Hurricane Dennis. Mr. Pierce is working on a written settlement of the NOV. If he completes this within 21 days of the issuance of the NOV, then no appeal is necessary. If the county and DEP do not timely enter into a written settlement, then you should appeal the NOV so that we can better protect the county's position.

Board Action: Motion to authorize me to file an administrative appeal if no timely settlement is reached with DEP. 3. Local Match or Local Preference Ordinance 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 higher price. A "local match" ordinance means that if a non-local contractor is the low bidder, then the lowest-bid local contractor would have an opportunity to match the low bid from the non-local contractor. This means that the local contractor has the opportunity to get the job, but at the 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? 4. Lanark Apartments Clean-up of Fire Damage It appears to me that a special assessment ordinance is the most efficient method for the county to undertake this, and any similar project, and, instead of placing lien on the property which may not be paid, the board would, one a case-by-case basis, vote to place a special assessment 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 for review and approval. 5. Travel Reimbursement Resolution At your last meeting you approved changes to the travel stipend. However, you did not allocate how much was to be applied to meals. How does the Board desire to allocate the travel stipend between Breakfeast, Lunch and Dinner?
2

Under the former travel stipend, I am told that $7 was allocated to Breakfeast, $12 to Lunch and $20 for Dinner. This results in 18% being applied to Break-feast; 31% for Lunch and 51% for dinner. Board Action: How does the Board desire to break-down the new travel stipend between Break-feast, Lunch and Dinner? Non-Action Item 6. Eastpoint Water and Sewer District I have no update, but I understand the Ms. Belcher indicated to Mr. Pierce that EPWS is obtaining a LOC from their bank, but at a slightly higher cost than I reported, but still reasonable. We have not received the LOC as of the date of this report. 7. Airport FBO Lease Attached is correspondence from Mr. Silva and myself. The correspondence speaks for itself. In the final analysis, the FBO signed the 3 month extension I prepared. 8. Dr. Catlin's $40,250.00 Demand Letter Attached is correspondence from Dr. Catlin's attorney demanding that the hospital pay him $40,250.00 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. Carver enclosing a duplicate original to her. 10.Capital City Bank/South Shoals Attached is Mr. Mowrey's notice of intent to sue Franklin County for damages for alleged damages to his client's property (South Shoals) resulting from our negligence concerning the revetment. The notice is required by the statute as precursor to litigation.

Thomas M. Shuler County Attorney TMS/kj Enc: as stated

(The Law Office of 'Thomas M. Shaer, P.A. Apalachicola, Florida 32320

Thane: 850-653-1757 Tar 850-653-8627 Ef/14ik msfittfer@shuferfaufrcom Mailing Address: 40-4th Street Apalachicola, EL 32320

To: Franklin County Board of County Commissioners From: Thomas M. Shuler, County Attorney Subject Matter: Attorney report for February 7, 2012 meeting Date: February 6, 2012
Action Item Supplemental Item
1. Calvin, Giodarno and Associates, Inc. ("CGA")

I need the board to consider approving joinder with CGA to collect a bill from BP for the oil skimmer it staged in Franklin County last year. This matter is time sensitive due to a February 15, 2012 deadline CGA has to file an amended complaint. The details follow. In May 2010, Franklin County entered into a nonexclusive services agreement with CGA to assist Franklin County with its response to the Deepwater Horizon oil spill. The contract was "at risk" to CGA such that Franklin County's obligation to pay CGA for its 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 in Franklin County in the approximate balance of $400,000.00. The original litigation was removed from Franklin County to the federal district court in Tallahassee, Florida. That court has dismissed the lawsuit with leave to amend. CGA has until February 15, 2011 to file its amended complaint. CGA has invoked a provision of our contract as follows: "However, in the event that the responsible party does not compensate Franklin County for CGA's reasonable services and costs, Franklin County and CGA 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, CGA 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 shall occur in Franklin County. You have the right not to join with them based on this provision. Notwithstanding this, I recommend that the board agree to join in the federal lawsuit in Tallahasse, Florida. CGA will be lead counsel and will shoulder the vast majority of the legal fees and costs. Federal practice does not entail many hearings on motion practice. I anticipate that I would only have to travel to Tallahassee for the trial. This does not mean that the litigation will be without costs. Board Action: I recommend that the board approve joinder in the federal litigation in Tallahassee.

Sincerely,
L

Thomas M. Shuler Franklin County Attorney TMS/kj xc: Clerk

DRAFT Second Amendment To The-George E. Weems Memorial Hospital Governing Body Bylaws

ARTICLE I These bylaws constitute the code of governing body guidelines and rules adopted by the Franklin County Board of County Commissioners to govern the Hospital Board (the "Board") to oversee the operations of the George E Weems Memorial Hospital. ARTICLE II PURPOSE The purpose of the Board is to over see and the public health care services of Franklin County and to make monthly reports to the County Commission on the delivery of such services to Franklin County residents, review and approve medical staff privileges, review and advise hospital staff on other matters related to the operation of the Hospital in the Franklin County community, review and approve preliminary operating and capital budgets for subsequent approval' by the Franklin County Board of County Commissioners (the "County"), and handle other matters regarding the hospital as may be delegated by the County. The Board shall work to assure that the Hospital operates in a productive and efficient manner, and strives to achieve and maintain financial viability to minimize or avoid use of taxpayer funds to sustain the HospitaL ARTICLE III Hospital Advisory Board 3.1 Powers of the Board. The Board is vested with the following powers: A. Subject to ratification by the Franklin County Board of County Commissioners, employ a CEO and other such staff or consultants or management entities as are necessary to carry out the responsibilities of the Board. If the Franklin County Board of County Commissioners withholds such ratification, then the Board shall not employ such CEO, consultant or management entity. The Board need not seek ratification by the Franklin County Board of County Commissioners to employ the day-to-day staff of the hospital.

Underlined language indicates new language. Strik-ethreughs indicate deleted language

1

B. Determine matters of policy regarding the delivery of public health services to the residents of Franklin County and recommend same to the County, C. Approve an operating and capital budgets, subject to approval of the County. D. Manage such revenues as are generated by the hospital or as are provided by the County to the Board for operations. E. Review, evaluate and approve recommendations from physicians and practitioners for appointment and reappointment to the Medical Staff including approval of clinical privileges. F. Oversee the quality and efficiency of care provided to Hospital Patients through review of patient safety reports, incident trending reports and Medical Staff peer review processes.

G. Assist the hospital in external marketing and public relations programs where practical and feasible. H. Actively participate in Board education and orientation programs conducted by Hospital or other professional personnel. I. Advise hospital management and administration on the scope, availability and accessibility of patient care services and community health care needs. J. Assure that hospital management establishes and maintains sufficient policies, procedures, processes and systems to accurately bill and collect for services rendered to Hospital patients, regardless of payer class. K Periodically review and appraise the performance of the CEO. L Review and approve amendments and changes to the Medical Staff Bylaws, Rules and Regulations to assure consistency with the mission and purpose of the Hospital. Underlined language indicates new language. Strikethroughs indicate deleted language

3.2 Limitations on the Powers of the Board: The Hospital Board retains the sole discretion to make the final decisions on all matters affecting Hospital operations. The Board shall not have the authority to: A. Authorize the sale or disposition of land, buildings or functionally usable capital equipment without County approval. B. Purchase, make commitments to purchase or enter into agreements to purchase any real estate, real property or capital improvements without County approval. C. Operate the hospital without a budget approved by Franklin County. D. Enter in any contract exceeding $ in value without the prior approval of the Franklin County Board of County Commissioners. E. Employ a CEO, consultant or management company without the ratification of Franklin County. 3.3 Qualifications. Membership on the Board shalt not be denied to any person on the basis of race, creed, sex, religion, or national origin. Members of the Board shall be residents of Franklin County that possess business management skills or have an expressed interest in health care services in the County. Board members shall not be employed by, investors in, or associated with any other organization in competition with or otherwise possessing a conflict of interest with the Hospital. Individuals under the age of twenty-one 21 are ineligible to serve on the Board. No more than two Hospital employees or persons doing business with the Hospital shan serve on the Board at any given time. Notwithstanding anything herein to the contrary. the Hospital Chief Executive Officer shall serve as an ex officio non-voting member of the Board. 3.4 Number of Board Members. The Board shall consist of ten (10) members seven (7) members. Upon resolution of the County, the number of Board Members may be increased or decreased from time to time, but in no event shall a decrease in the number of Board Members have the effect of shortening the term of an incumbent Board Member, or decreasing the total number of Board Members to less than three Board Members. Underlined language indicates new language. Strikethroughs indicate deleted language

3.5 Term of Board Members. Board Members serve terms of three years. Terms will be staggered to reduce the possibility of multiple terms expiring the same year. There are no term limits and Board Members may serve any number of consecutive terms. 3.6 Appointment of Board Members. The Board shall be appointed as follows: Upon recommendation by the Board, County Administrator the Franklin County Commission shall select a slate of representatives to serve as the members of the Board. Five (5) Board members shall reside in each of the five (5) County Commission districts. Four (4) Two (2) Board members, two of whom shall be a non-voting representative of the Hospital Medical Staff, shall be appointed At-Large. The Hospital Chief Executive Officer shall serve as an ex officio non-voting member of the Board. Appointments for Board Members filling expired or vacated terms shall be recommended by the remaining Board members from a pool of interested persons provided by the County Administrator, and nominees shall be submitted to the County for approval at their next regular meeting. When a reappointment or replacement is made, the appointment or replacement shall be considered effective on the date that the prior term expired (i.e. the new term does not begin on the date of the election). Board members whose terms have expired may continue serving until they are either re-appointed or until their successors are chosen.

3.7 Resignation. Any Board Member may resign at any time by delivering written notice to the Chairperson of the Board and the County. Such resignations shall take effect upon receipt or, if later, at the time specified in the notice. 3.8 Absences. Any Board Member missing three meetings in one year may be removed from the Board by resolution of the remaining members of the Board subject to approval of the Franklin County Commission, or when said member has missed three (3) consecutive regular meetings of the Board or four (4) meetings in a given year.: -The vacancy shall be filled pursuant to Section (5) above. 3.9 Removal. Any Board Member may be removed with or without cause. at any time, by majority decision of the County Commission. All County decisions regarding removal are final. 3.10 Vacancies. Vacancies shall be filled by the County as designated in Section (5), and the Board Member filling the vacancy shall serve for the remainder of the term of the Board Membership that was vacated. Vacancies shall be filled as soon as practical.

Underlined language indicates new language. Strikethretigits indicate deleted language

3.11 Compensation. Board Members shall not receive compensation for their services. The Hospital shall not loan money or property to, or guarantee the obligation of, any Board Member. However, Board members may be reimbursed actual out of pocket expenses when exclusively traveling in performance of their official duties in accordance with hospital policy. 3.12 Voting. Each member of the Board shall have one vote on any items requiring Board action. A Board member shall be required to abstain from voting on any item in which he/she may have a conflict of interest. A Board member who is also an employee of the Hospital shall be required to abstain on any vote that may involve employee salaries, benefits, working conditions or Hospital work rules and policies. Voting by proxy shall not be permitted. A member may participate in a vote by telephone if so requested. Article IV Board Meeting 4.1 Place of Board Meetings. Meetings of the Board will be held at the Hospital or any location within the limits of Franklin County designated by the Chairperson. A Board member shall be permitted to participate in a meeting by telephone conference call if arranged in advance. 4.2 Regular and Special Meetings. Regular meetings of the Board shall be held at least on a monthly basis. Special meetings may be called by the Chairperson. Unless otherwise excepted under Florida Statutes, all regular meetings of the Board shall be open and available to the public in accordance with FS 286.011 and 24 (b) and Article I of the State Constitution, and Chapter 119 and FS 24 (a) respectively. Closed meetings and/or sections of meetings may be held where allowed by law to conduct Medical Staff peer review and credentialing activities, review and approve risk management and patient incident reports as may be required to monitor and assess the quality and efficiency of care provided at the Hospital. 4.3 Notice of Board Meetings. Notice of the date, time, and place of Regular and Special Meetings shall be given to each Board Member by regular mail, telephone, facsimile, or e-mail no less than three (3) business days prior to the meeting.

Underlined language indicates new language. Strikethreughs indicate deleted language

4.4 Waiver of Notice. Attendance by a Board Member at any meeting of the Board for which the Board Member did not receive the required notice will constitute a waiver of notice of such meeting unless the Board Member objects at the beginning of the meeting to the transaction of business on the grounds that the meeting was not properly noticed 4.5 Quorum. A majority of the incumbent Board Members (not counting vacancies, if any) shall constitute a quorum for the purposes of convening a meeting or conducting business. At Board meetings where a quorum is present, a majority vote of the Board Members attending shall constitute a recommendation of the Board unless a greater number is required by any provision of these bylaws. 4.6 Minutes. A copy of the previous Board meeting minutes shall be mailed to each member at least seven days before the next Regular Board meeting. The time, date, place and tentative agenda of the upcoming meeting will be included. ARTICLE V Officers 5.1 Roster of Officers. The Hospital Board shall annually select a Chairperson Vice-Chair and Secretary to serve as officers of the Board. The Chief Executive Officer of the Hospital shall be an ex-officio member of the Board. 5.2 Chairperson. The members of the Hospital Board will annually vote to appoint a member of the Board to serve as Chairperson of the Board who shall hold such position for a term of one (1) year unless and until such term is voluntarily rescinded or the incumbent is removed by a majority vote of the Authority Board. Such election will be held at the Authority's board meeting in November of each year. 5.3 Duties of the Chairperson. The Chairperson shall: A. Preside at all Board meetings and shall exercise parliamentary control in accordance with Robert's Rules of Order; B. Serve as the primary liaison between the Board and the CEO. C. Officially call special meetings of the Board in consultation with the CEO D. Add or delete items on the Board agenda in consultation with the CEO. Underlined language indicates new language. Strikethre-teghs indicate deleted language

In the case of the absence or disability of the Chairperson, or the Chairperson's refusal or neglect to fulfill his or her duties, the Vice-Chair shall_act in the capacity of Chairperson. 5.4 Secretary. The Board shall elect a member of the Board to serve as Secretary of the Board annually who shall hold such position for a term of one year unless and until such term is voluntarily rescinded or the incumbent is removed by a majority vote of the Board or the County. 5.5 Duties of the Secretary. The Secretary shall: A. Take or ensure the preparation of minutes of all meetings of the Board, and shall keep copies of all minutes at the principal office of the Hospital; B. Keep a record of the names and addresses of the Board Members at the principal office of the Hospital; C. Shall assure that all meeting notices are duly given in accordance with these bylaws. In the case of the absence or disability of the Secretary, or the Secretary's refusal or neglect to fulfill the duties of Secretary, the Chairperson shall appoint an employee of the Hospital to perform the functions of the Secretary. 5.6 Duties of the CEO. In addition to managing and directing the day-today operations of the Hospital the CEO or his/her designated staff members shall have the following responsibilities with regard to Board activities: A. Prepare the agenda for all Board meetings in consultation with the Chairperson. B. Prepare the agenda for all closed meetings and sessions held by the Board to assure that agenda items may be legitimately withheld from public view in accordance with State laws and regulations. C. Present a summary of hospital operations and financial reports at regular meetings of the Board.

Underlined language indicates new language. Strikethfaughs indicate deleted language

D. Perform such other duties and activities as may be specifically set forth in his/her job description and/or the Management Agreement. 5.7 Duties of the Finance Committee Chairperson. There will be selected by the Board members a Finance Committee Chairperson whose primary responsibility will be to oversee the financial operation of the hospital and report such activity to the Hospital Board and the Clerk of Court. The Finance Committee Chairperson shall have the following responsibilities. A. Meet monthly. or as the need arises with the CEO and financial staff to review the financial condition of the Hospital and any facilities operating under its purview B. Report to the Board on the financial status of the facilities C. Work with the CEO in the preparation of the annual budget D. Be available to provide information to the County Commission, as a representative of the Board in matters of finance

E. Prepare a monthly report for submission to Franklin County providing, at a minimum, the cash on hand, liabilities aged by thirty day increments, together with an estimate of the accounts receivable and an assessment of the billing company's efficiency in timely submitting, collecting and following up on accounts receivable.

ARTICLE VI Medical Staff 6.1 Appointments to the Medical Staff The Board shall review, evaluate and approve appointments and reappointment of a medical (and dental) staff to the Hospital composed of physicians (and dentists) who are graduates of recognized medical (or dental) schools, physicians assistants and nurse practitioners; shall see that they are organized into a responsible administrative unit, and adopt such bylaws, rules and regulations for government of their practice in the hospital as the Board

Underlined language indicates new language. Strike language

indicate deleted

deems to be the greatest benefit to the care of patients within the Hospital. In the case of the individual patient, the physician duly appointed to the medical staff shall have full authority and responsibility for the care of that patient subject only to such limitations as the Board may formally impose and to the bylaws, rules and regulations of the medical (and dental) staff adopted by the medical staff and Board. All initial appointments to the Medical Staff shall be for one (1) year and may be renewed by the Board every two (2) years thereafter upon timely reapplication of the practitioner. 6.2 Quality of Care. The Board shall, in its exercise of its overall responsibility for the delivery of health care, shall grant to the Medical Staff such authority and responsibility deemed reasonably necessary to provide appropriate and high quality health care to the Hospital's patients. The Medical Staff shall conduct an ongoing review and appraisal of the quality of professional care rendered in the Hospital and shall report such activities and their results to the Board through the Chief of the Medical Staff or his/her designee. The Medical Staff shall make recommendations to the Board concerning: (i) appointments, reappointments, and other changes in Staff status; (ii) the granting of clinical privileges; (iii) disciplinary actions; (iv) all matters relating to a practitioner's professional competency; and (v) such specific matters as may be referred to it by the Medical Staff 6.3 Applications for Medical Staff Membership_ All applications for appointment and reappointment to the Medical Staff shall bein writing and addressed to the Chief Executive Officer of the hospital. All applications shall be processed in strict accordance with the rules, standards, procedures and time limits set forth in the Medical Staff Bylaws. Any practitioner who may be denied membership on the Medical Staff shall be provided notification of such denial within thirty (30) days of such action complete with a full explanation of the reasons for such denial and any rights of appeal that may be accorded to the practitioner under the Medical Staff Bylaws. 6.4 Confidentiality of Patient Information. All patient records shall be considered confidential and shall not be disclosed without consent of the patients or as may otherwise be allowed under the provisions of FS 395.3025. Discussions of or copies of individual patient names. records, incidents and other private health information shall not be disclosed in any public meeting unless otherwise exempted or required by State laws or rulings by a court of competent jurisdiction.

Underlined language indicates new language. Strikethroughs indicate deleted language

ARTICLE VII Amendments 7.1: The Board shall be permitted to recommend changes and amendments to these Governing Body Bylaws. These Bylaws may be amended only by written instrument properly reviewed and executed by the County. 7.2: This amendment supercedes all prior bylaws of the George E. Weems Memorial Hospital

Franklin County, a political subdivision of The State of Florida

BY: Pinki C. Jackel, chairman Attest:

Marcia M. Johnson, Clerk Dated: Approved as to form

Thomas M. Shuler, County Attorney

Underlined language indicates new language. Striketlifeughs indicate deleted language

10

CO Y
The Law Office of Thomas W. Shukr, PA. Apalachicola, Florida 32320
None: 850-653-1757 Tar 850-653-8627 Eno msfiukr@shuferhsyrcom
Wading Address: 40-0 Street Apafizchicofiz, TL 32320

January 30, 2012 Joseph Silva, Jr., P.A. 103 West 5th Street Panama City, Florida 32401 Re: Franklin County Airport Mr. Silva: This will acknowledge receipt of your January 27, 2012 letter faxed to me at 4:56 p.m. last Friday afternoon. I respond seriatim. Contrary to your assertion, paragraph two of the lease does not give your client, or mine, a unilateral right to extend the lease for an additional ten-year period. Paragraph two of the lease merely provides that the "parties" may mutually elect to extend the lease for an additional ten year period. My client has exercised its right to elect not to extend the lease beyond its original twenty-year term. Your client is expected either to honor the lease and vacate the premises after its expiration at midnight, February 4, 2012, or it may elect to extend the lease for an additional three month period on the terms offered by Franklin County. As a matter of law, your client's counter-offer constitutes a rejection of the county's offer and is a new offer by your client to renew the lease for a three-month period on terms that are contrary to the terms acceptable to the county. Your client's counter-offer is hereby rejected.

By Facsimile and U.S. Mail 850-769-3222

In a final effort to resolve this issue, I hereby renew the county's offer, as it is stated in my January 26, 2012 letter agreement. This renewed offer to your client is open until Wednesday, February 1, 2012 at 5:00 p.m. (ET). If your client fails to execute and return to me the letter agreement I prepared, without amendment or modification, by that deadline, then the county's renewed offer shall expire at that time. If your client elects not to extend the lease on the terms outlined by Franklin County, then your client's lease expires at midnight. February 4, 2012. if your client fails to execute the three-month extension, and if it holds over beyond the lease term, then your client shall be subject to the penalties of Ch. 83, Florida Statutes, including the payment of double rent and the responsibility to pay attorney fees. In regard to your comment that I have communicated directly with your client about this matter. I find your thought process to be unique in that you directly communicate with my client your position that one lawyer should not directly communicate with another lawyer's client. For the record, Mr. Silva, I have had no direct communications with your client about this matter at any time after I learned that you represented them. Any assertions to the contrary are False.

Sincerely,

IL A
Thomas M. Shuler County Attorney TMS/kj xc: client

TUE/JAN/31/2012 02:53 PM

JOSEPH SILVA JR. PA

FAX No. 850 753 3222

P. 001/002

JOSEPH SILVA, JR., P.A.

Attorney at Law 103 West 5th Street Panama City, Florida 32401
Telephone: 850.747.1900 Walton Co.: 850.267.6068 Facsimile: 850.769.3222

FAX TRANSMESSEW
TO: FAX NO.: DATE: FROM: RE: MESSAGE: Thomas M. Shuler, Esq. 850-653-8627 January 31, 2012 Joseph Silva, Jr. Lease Extension
JA-R.

TOTAL PAGES: (Including Cover Sheet)

cr5 1=Ir Regular U.S. Mail. Federal Express Hand Delivery email

A HARD COPY WILL NOT FOLLOW HARD COPY WILL FOLLOW BY:

IF ALL PAGES ARE NOT RECEIVED LEGIBLY, PLEASE CONTACT Elizabeth @ 850.747.1900
Confidentiality Notice THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WI IOM OR WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIL ENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE AGENT RESPONSIBLE FOR DELIVERING THE MESS AGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR THE TALKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED TEES COMMUNICA PION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AT 850/7474900 (COLLECT CAI L) AND RETURN THE ORIGINAL MESSAGE TO US. THANK YOU.

fur,/ ,,nii ,- i/ Lulz. UL. Dr,' riot ,

FAA ia.b DU 79 32L JUSEPH SILVA JR. PA 50763222 8 JAN-31-2012 03:L3U5P FRON: I TC-KAAF ou.vn Un, 1r m 50-653- ut4 0 V, NU IU T Oa 1L4 8 c n A U 1 :41 AC M I G V/
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January 26, 2012

Joseph Silva, Jr., Esq. 103 West 5Ih Street Panama City, Florida 32201-260.3
josmtgalailvalaw.com 850-769-3222 Mr. Silva: I represent Franklii County, a political subdivision of the State of Florida. Your cher t, "Apalachicola Internation.d Aviation Training Center, Inc." leases a portion of an airport Ate' tity

owned by my client. You^ client's lease expires February 4, 2012. I am authorized to extend the following offer to your client; My client has agreed to extend your client's lease hr a three month period beginning February 5, 2012 and ending lAty 5, 2012 at 5:00 p.m. (ET). The terms of the existing lease, all addendums thereto, and rental rates in effect on February 4, 2012, shall be, and hereby are, adopted and incorporated herein ,/y the parties as constituting 'he terms of this extension. This extension shall not constitute a, waiver of any right, claim n' defense of either party.
Please have your c lent execute this loner below as evidence of his acceptance of this offer. Also, by his signature below, your client represents that it has not assigned any of its

is not sigoed and returned 'o me by January 31, 2012, then shall expire at

rights, title or interest in the lease and that it is fully authorized to accept this offer. If this offer that lino. Si ercly, A.4 Thomas M. Shuler Franklin County Attorney

4palaohicola International kvlation Training Center, Inc.

Dated;

1 3(-/2.

Jan 23 2012 3:58PM

GARRYSERJET FAX

8508772211

P.1

Fax
FROM THE LAW OFFICE OF GARY LEE PRINTY TO: FAX: FROM: PHONE: FAX: DATE: SUBJECT: # OF PAGES: Cindy Drapel, Chief Executive Officer George E. Weems Memorial Hospital Apalachicola, Florida (850) 653-1879 Gary Lee Printy, Esquire 1804 Miccosukee Commons Drive, Suite 200 Tallahassee, FL 32308-5471 (850) 877-7299 (850) 877-2211 January 23, 2012 Lionel B. Catlin, M.D. 2 (including this page)

MEOTRO JAN 2 4 2012 [111

Please deliver this FAX transmission along with the following demand letter to Chief Executive Officer Cindy Drape!. If you have any questions, please contact me. Thank you.
THE INFORMATION CONTAINED IN THIS FACSIMILE IS CONFIDENTIAL AND MAY ALSO CONTAIN PRIVILEGED ATTORNEY-CLIENT INFORMATION OR WORK PRODUCT. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THE FACSIMILE IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO THE SENDER AT THE ADDRESS ABOVE VIA THE U.S. POSTAL SERVICE. THANK YOU.

Jan 23 2012 3: 58PM

GARRYSERJET FAX

8508772211

P2

THE LAW OFFICE OF

GARY LEE PRINTY

1804 MICCOSUKEE COMMONS DRIVE, SUITE200 TALLAHASSEE, FLORIDA 32308-5471 TELEPHONE (850) 877-7299 FAX: (850) 877-2211

Via Email to you at cdranel@weemsmemorial.com, January 23, 2012 Cindy Drapel, Chief Executive Officer George E. Weems Hospital Apalachicola, Florida Dear Ms. Drapel: I am an attorney representing Lionel B. Catlin, M.D., in connection with his employment agreement/contract with George E. Weems Memorial Hospital. On May 1, 2010, Dr. Catlin and Weems Memorial Hospital entered into an employment agreement/contract whereby Weems Memorial Hospital offered Dr. Catlin a full-time position as a Family Practice Physician at Weems East Urgent Care Clinic. The agreement was effective on a part-time basis beginning in mid-June 2010, and continued to be part time until Dr, Catlin began practicing full-time at Weems Memorial Hospital on Auguit 2, 2010. The agreement stipulated that Dr. Catlin would be paid an annual salary of $161,000. Additionally, the agreement specifically stated in Addendum A, that there will be a ninety (90) day notification period if the contract is not renewed or extended. On July 28, 2011, Dr. Catlin received a letter stating that Weems Memorial Hospital did not elect to renew his contract and that the contract would be terminated effective August 2, 2011. Dr. Catlin was only given a five (5) days notice that his contract would not be renewed or extended, even though the contract between Dr. Catlin and Weems Memorial Hospital explicitly stated that a ninety (90) day notification period was mandatory, if the contract was not going to be renewed or extended. Dr. Catlin, was entitled to a 90-day notice. It is our position that Dr. Catlin is owed an additional 90-day, or three-months salary in order for the hospital to comply with the addendum to the contract, This:amounts to $40,250.00, or one-fourth of his annual salary. You may or may not know this, but under Florida law, under an action for breach of contract for wages such as this, the prevailing party is; required to pay not only the judgment and costs of the action, but attorney fees. Unless I am notified that you intend to pay Dr. Catlin the full amount owed by Friday, January 27, 2012, I will be filing a Verified Complaint and Demand for Jury Trial for beach of contract and failure to pay unpaid wages. I look forWard to hearing from you.

OLP/jl

The Law Office of Thomas 911. Shu&r, P.A. Apalachicola, Florida 32320
None: 850-653-1757 Tim 850-653-8627 Emai( mthurertIshukrfalvircom

c3PY
Mailing Address: 40-04 Street Apalachicola, FL 32320

January 31, 2012 Gary Lee Printy 1804 Miccosukec Commons Drive, Suite 200 Tallahassee, Florida 32308-5471 Re: Your Client Dr. Lionel Catlin Mr. Printy: This letter acknowledges receipt of your January 23, 2012 demand letter to my client, The George E. Weems Memorial Hospital, and will provide a reply to your letter demanding $40,250.00. For the reasons more fully set forth below, your demand is rejected and a counteroffer is presented for your consideration. Contrary to the representation in your letter, the fully executed contract in the possession of my client does not contain a requirement that your client receive a 90-day notification in the event that the contract is not renewed or extended. A copy of that contract is attached for your convenient review and speaks for itself. When you review the attachment and compare it to the document presented to you by your client, I am sure that you will note that the attachment to this letter establishes that your client signed the contract on June 14, 2010. In light of this, the purported contract submitted by your client as the basis for his demand letter is highly suspect: Your client's signature fails to contain the June 14, 2010 execution date which is apparent on the attached copy; My client's signature is different on the so-called contract provided by your client; and, notably, the so-called addendum represented by your client bears an execution date of May 1, 2010, which is more than one month before the date of execution of the contract in my client's file. Furthermore, the socalled addendum fails in any event as is not supported by any consideration. I respectfully demand that you examine the contract provided by your client in light of these facts before proceeding, as it appears to cast great doubt upon the validity of the contract upon which your client relies for its claims. Regarding your claim for attorney fees, please be advised that section 448.08, Florida Statutes, which is the only wage related statute awarding attorney fees, is off point and will not support your position. You present no facts at all which indicate that Dr. Catlin earned wages which were unpaid. To our knowledge, Dr. Catlin was timely paid all wages which he earned prior to the expiration of his contract. Your sole allegation is that the 90 day notice was not given and, ip so facto, that makes this an unpaid wages case for wages which were not paid, or earned, during the 90 day notification period. This is not an action for wages which are earned,
1

By Facsimile and U.S. Mail 850-877-2211

but unpaid. See Joseph v. Commonwealth Land Title Insurance Co., 707 So.2d 376 (Fla. 5DCA 1998). Accordingly, if you assert a claim against my client for attorney fees, I will respond with a 57.105 motion, as there is simply no meritorious basis for your attorney fee claim. Finally, your are herewith notified that I have been informed that your client has silently, and wrongfully, accepted the benefit of insurance premiums paid on his behalf by my client subsequent to the expiration of his contract. The total amount paid is approximately $10,000.00. My client has recently discovered and corrected this error. As a full settlement to your client, my client herewith offers that it will not seek the repayment of these amounts from your client, in exchange for a full release and settlement of all claims between the parties. This offer expires at 5:00 p.m. (ET) on February 6, 2012, unless it is accepted in writing.

Govern Yourself Accordingly.

TMS/kj enc: as stated xc: file

The Law Office of Thomas W. Shaer, PA. Apa&chico&, Florida 32320

Thane: 850-653-1757 Tar 850-6534627 Email mshureng,shuferfaugrcom Malang Address: 40-4m Street Apa&chicok, TL 32320

February 1, 2012 Lori Ann Carver Advertising Director Florida East 501 W. li t Street Panama City, Florida 32402 Re: Franklin County Advertising Contract Lori: The duplicate original of the contract establishing the advertising rates for Franklin County, a political subdivision of the State of Florida, for the period beginning January 1, 2012 and ending December 31, 2014 is attached for your records. Please contact me if you have any questions. Sincerely,

Thomas M. Shuler Franklin County Attorney TM S/kj enc: as stated xc: file

Mowrey Law Firm, P.A.

Ronald A. Mowrey *

Gregory A. May
Rhonda DiVagno Morris Alysson H. Stevens Nicholas D. Fugate Abraham M. Shakfeh * Also admitted in District of Columbia

515 North Adams Street Tallahassee, Florida 32301-1111 Telephone: (850) 222-9482 Facsimile: (850) 561-6867 E-mail: firm@mowreylaw.com

Crawfordville Office
Courthouse Square Crawfordville, FL 32327 Tel:, (850) 926-7666

January 27, 2012

Chairman Pinki Jackel The Franklin County Commission Office Franklin County Courthouse 33 Market Street Suite 305 Apalachicola, Florida 32320 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1060 0000 7181 1203 Re: Notice of Intent to sue Franklin County for money damages pursuant to Section 768.28 Fla. Stat. by Capital City Bank (CCB, Federal ID Number: 593277398)

Dear Ms. Jackel, This letter shall serve as six months notice, pursuant to Section 768.28 Fla. Stat., of Capital City Bank's intent to sue Franklin County for money damages. The basis of the damages is that Franklin County's failure to maintain the rock revetment along County Road 370 (a/k/a Alligator Drive) has resulted in Capital City Bank's inability to develop its property freely resulting in inconvenience, expenses, loss in market position, and reduced values. Franklin County's negligent actions taken in regard to the revetment have created a public nuisance. The condition of the revetment exposes Capital City Bank's property to erosion, pollution, and threat of liens. These losses are continuing and will incur into the future. The mere removal of non-compatible materials from the revetment will do nothing to remedy the damages cited herein. There exist no prior adjudications or debts Franklin County has against the Capital City Bank in which Capital City Bank owes Franklin County.

RE: Notice of Intent to Sue for Money Damages January 27, 2012 Page 2 of 2 Should you have any questions or comments, please do not hesitate to contact me. Please be advised that the Department of Financial Services is also being served with notice of this claim.

Alysson Stevens, Esq.

AHS/amw
J: \OPEN \Capital City Bank Group \ CCB v. DEP & Franklin Co - civil injuction \Letters% month notice letter Franklin County (1).wpd

Ram

Florida Department of Environmental Protection

Rick Scott Governor Jennifer Carroll U. Governor

Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Herschel T. Vinyard, Jr. INSOINIAMAINIONNOMMAINIANIOINSOIMIs 01I wAwsuasssss s Tallahassee, Florida 32399-3000 ~1 111111s s Ar 1101100s 10/401 14111011110141110M01101.110111F s Secretary

January 20, 2012

Franklin County Board of County Commissioners Attn: Pinki Jackel, Chairman 33 Market Street, Suite 203 Apalachicola, Florida 32320 Dear Ms. Jackel:

SUBJECT: NOTICE OF VIOLATION: UNAUTHORIZED CONSTRUCTION ACTIVITY SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE. VIOLATION FILE NUMBER VFR 12-01.
In July 2005, in response to damage caused by Hurricane Dennis, the Franklin County Board of County Commissioners ("Franklin County") replaced granite rock boulders that had been displaced by the storm event, back onto an existing rock revetment previously authorized by the Department under permit number FR-446, on November 7, 1994. In addition, Franklin County also placed concrete debris onto the rock revetment seaward of the Coastal Construction Control Line ("CCCL"). This activity was conducted approximately 540 feet west of Department of Environmental Protection's reference monument R-212, to approximately 140 feet east of DEP reference monument R-213, at Alligator Point, in Franklin County, Florida. The placement of the concrete debris seaward of the CCCL by Franklin County is expressly prohibited under Section 161.085(6), Florida Statutes. Subsection 161.085(6), Florida Statutes, reads in part as follows: A rigid coastal armoring structure or other structure constructed under the authority of subsection (3) shall be temporary, and the agency, political subdivision, municipality, or private property owner shall remove the structure or submit a permit application to the Department for a permanent rigid coastal armoring structure, pursuant to s. 161.041 or s. 161.053, within 60 days after the emergency installation of the structure or other measure to relieve the threat to private structures or public infrastructure. Construction debris shall not be used in the construction of a rigid coastal armoring structure. (Emphasis Added)

www.dep.state.11.us

Franklin County Board of County Commissioners January 20, 2012 Page 2

You are hereby notified that the placement of concrete debris along the rock revetment is in violation of the law. Section 161.121, Florida Statutes, provides that whoever shall fail to comply with the provisions of Section 161.053, Florida Statutes, is guilty of a misdemeanor of the first degree. Furthermore, Section 161.054, Florida Statutes, provides for civil penalties of up to $10,000 a day for refusing to comply with or willfully violating any of the provisions of Section 161.053, Florida Statutes, or rule or order of the Department described thereunder. Franklin County will be required to remove from the area seaward of the CCCL, all of the concrete debris, and any other debris, that is currently within the footprint of the existing previously permitted rock revetment. Please respond within thirty (30) days of your receipt of this Notice, advising the Department of Franklin County's intentions in this matter. The County's response must clearly outline a plan for remediation and removal of the illegally placed debris from the area seaward of the CCCL, for Department review and acceptance. If Franklin County agrees to remove all of the debris from within the footprint of the existing rock revetment seaward of the CCCL, the Department will prepare a Consent Order for signature by the Department and County which will stipulate the details of removal of the unauthorized debris. If no response is received within the allotted thirty (30) day time frame, or if Franklin County fails to agree to remove the unauthorized debris, the Department will proceed with the issuance of a Final Order that will require the County to remove all debris from within the footprint of the existing rock revetment seaward of the CCCL. In addition, pursuant to section 161.054, Florida Statutes, and Rule 62B-54, Florida Administrative Code, the Department may also assess an appropriate administrative fine. NOTICE OF RIGHTS OF AFFECTED PARTIES All persons whose substantial interests are affected by this Notice have a right, pursuant to Sections 120.569 and 120.57, Florida Statutes, to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (received) at the Department's Office of General Counsel, 3900

Franklin County Board of County Commissioners January 20, 2012 Page 3

Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the Bureau of Beaches and Coastal Systems named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The Petition must contain the following information: (a) The name, address, and telephone number of each petitioner; the Department's file number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Notice; (c) A statement of how each petitioner's substantial interests are affected by the Notice; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Notice; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Notice including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Notice. If a Petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Notice have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57, F.S., and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion in compliance with Rule 28-106.205, F.A.C. Mediation is not available in this proceeding. Any party to the Notice has the right to seek judicial review of this Final Order, pursuant to Section 120.68, Florida Statutes and Rules 9.030(b)(1)(c) and 9.110, Florida Rules of Appellate Procedure. To initiate an appeal, a Notice of Appeal must be filed

Franklin County Board of County Commissioners January 20, 2012 Page 4

with the Department of Environmental Protection, Office of General Counsel, and with the appropriate District Court of Appeal within thirty (30) days of the date this Final Order. The Notice filed with the District Court must be accompanied by the filing fee specified in Section 35.22(3), F.S. If you have any questions concerning this matter, please contact me at the letterhead address referencing mail station 300 or by telephone at 850/414-7772. Sincerely,

MartW el Erwir6nmental Manager ureau offeaches and Coastal Systems

:jm Certified #: 7011 1570 0003 7026 4718 cc: Alan C. Pierce, Franklin County Thomas M. Shuler, Esq., Shuler Law Offices Alysson Stevens, Esq., Mowrey Law Firm