Mar 6 2012

FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS
SPECIAL M EEll NG
FRANKLIN COLINTY COURTHOUSE ANNEX
JANUARY 18,2012
9:00AM
MINUTES
Commissioners: Pinki Jackel- Chairman, Bevin Putnal - Vice Chairman, Cheryl Sanders,
Noah Lockley, Joseph Parrish
Others Present: Alan Pierce - Director of Administrative Services, Michael Shuler
County Attorney, Michael Mor6n - Deputy Clerk
Call to Order
Chairman Jackel called the Special Meeting to Order.
Opening of Bids - FBO (#1) & Hangar (#2)
Mr. Pierce opened the bids for both items.
FBO
Grace Industries - James Lawrence
AIATC
Fly High Inc.
Airport Hangar
Grace Industries - James Lawrence
Island Air
ARTiC
Siller Helicopters
The Board and Mr. Mosteller, Airport Manager, discussed deadlines for the selection of
a new FBO and transition issues based on which company is selected.
The Board discussed the possible need for 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 airport
committee for a recommendation; Motion carried 5 ~ O .
FCBOCC Regular Meeting
1/18/2012
Page2of2
Commissioner Parrish explained some of the problems he is experiencing with the
current per diem for 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 for 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 current
amounts.
Motion by lockley, seconded by Putnal, to change the per diem rate for meals to $75
per day for out of state travel and $55 per day for in state travel, effective
immediately; Motion carried 5-0.
Chairman Jackel discussed the upcoming meeting with the Department of Health that
she and staff members will be attending today in Tallahassee.
The Chairman also stated that she was told that equipment is being moved from the
Carrabelle health department office to the Apalachicola health department office.
The Board discussed other issues relating to the Health Department and expressed their
disappointment with the County's Legislative Delegation not responding to or acting on
the correspondence sent to them from the Board.
Adjourn
There being no further business, Chairman Jackel adjourned the meeting.
Pinki C. Jackel, Chairman - FCBCC
Attest:
Marcia M. Johnson - Clerk of Courts
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, 2012
Regular 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 as
presented; Motion carried 4-0.
Jimmy Harris - Discuss security concerns at Carrabelle Annex (9:08 AM)
Fceocc Regular Meeting
2/7/2012
Page 2 af20
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 for 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 for 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
for 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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2/7/2012
Page 3 of20
Mr. Chipman discussed some of the benefits that other County employees receive that the
Road Dept doesn't receive.
Motion by Lockley, seconded by Putnal, to give the County and Constitutional Officer's
employees a 3% salary increase;
Chairman Jackel asked that the Board hold off on any action until further information
concerning funding is received from the Clerk's Office. The Board agreed to hold off on voting
on this item until later during the meeting to give the Finance Office an opportunity to provide
some information.
Van Johnson - Solid Waste Director (9:35 AM)
Fonda Davis presented the Department's report.
2012 FRANKLIN COUNTY DIXIE SOFTBALL STATE TOURNAMENT:
28
th
FOR BOARD INFORMATION: On January , 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.
Motion by Sanders, seconded by Lockley, to authorize Road Department and Solid Waste
Department 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.
2/7/2012
Page4of20
Mrs. Johnson informed Chairman Jackel that a rough estimate to pay for a 3% salary increase
from February to September would be around $150,000.
The Board discussed doing a bonus instead of a salary increase and asked the Finance Office to
present 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 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.
2 - 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 aur
yearly scope of work.
3 - Franklin County Emergency Management is part of the planning section for the Florida
Statewide Geomagnetic Storm exercise that will be conducted in our regian March13, 2012.
4 - Emergency Management is hasting 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 EOe. All Volunteer Fire Departments have been invited to attend and will have a
chance to help shape the plan from a local perspective
Bill 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 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, / sent soil samples to the UF Soils Lab for testing and provided
Ms. Countryman with several UFfact sheets on setting up butterfly gardens in FL.
2) St. George Island Civic Club Program -/ am scheduled to do the program at the St. George
Island Civic Club's Meeting scheduled for February 16
th
. There are several program options;
however, at this time / am planning on doing a program on the Pacific lionfish invasion of the
northern Gulf af Mexico.
Gulf of Mexico Fishery Management Council (GMFMC)
2/7/2012
Page 5 0/20
3) 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 over/ishing 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.
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 Grouper
ban 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 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, Transfieldhas 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.
Motion by Sanders, seconded by Putnal, to direct Bill Mahan to confer with FOOT regarding
using herbicides to kill the grass growing onto Highway 98 that will not harm the Bay; Motion
carried 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 I met
on Jan. 18 with DOH representatives Robert "Sterling" Whisenhunt, Kim Barnhill, and a DOH
2/7/2012
Pageliof20
attorney, in Tallahassee to discuss the re-opening of the Carrabelle Clinic. Chairman lackelled
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 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 for 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 for 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.
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2/7/2012
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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 for 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 not 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 will 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 mentioned 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 for 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 not covering life flight 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 for Board action to close Chili Blvd. and Gulf Beach Drive for the 30
th
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 for the event.
Motion by Sanders, seconded by Putnal, to authorize road closure for the Chili Cook-Off on
March 3, 2012; Motion carried 4-0.
Recess (10:36 AM)
Chairman Jackel called for 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 for 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 bond
Peavey and Sons of Havana -- $448,556.00 -- with bid bond
Motion by Sanders
J
seconded by Putnal, to forward to engineer for recommendation and to
be 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 from
Eastpoint to St. George Island and how it will affect the Bay and the seafood workers. She said
there will be three clearly defined zonal closures while the project is underway and showed
slides of the project to the Board.
Ms. Palmer stated that DEP notified DACS that the Army Corps of Engineers had applied for a
permit to dredge the Bay (Intercoastal Waterway). She said it will take about 45 days to
complete the dredging project. She discussed time allotments for the Progress Energy project
and the dredging.
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2/7/2012
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Commissioner Sanders and Ms. Palmer discussed if there will be fines and penalties if seafood
workers drift into areas that are closed due to the project. Ms. Palmer said there will be fines
for 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-shelling
program. She provided information on the efforts of her department for the re-shelling
program and discussed the fact that her department needs to provide more information about
locations of re-shelling projects.
Ms. Palmer said there will be better communication with her department and the County
starting with a meeting with Commissioner Putnal and Shannon Hartsfield this evening. She
said this information will be provided on the DOA website, distributed to the processors and
the County. She said she believes her department can learn a lot from those who are on the
Bay every day.
Commissioner Putnat Ms. Palmer, and Mr. Shields discussed other locations where re-shelling
should be done.
Mr. Shields stated that DACS wants as much input from harvesters, Commissioners and the
FCSWA as possible.
Commissioner Putnal suggested DACS attend the seafood workers meetings. Ms. Palmer stated
that they will be attending the next meeting and offered another plan to include the seafood
workers on the next trip on the DACS barge. She said she wanted to be able to show the
seafood workers what they do on the water.
Commissioner Lockley stated that more shells are needed for the program. Ms. Palmer said
they 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 in areas that
the 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 opened
during the summer, which is determined by water quality. She said she has no flexibility with
2/7/2012
Page 10 of20
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 potentially 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 for water quality and salinity and possibly be reopened. He stated that there is a lot of
illegal harvesting in that area.
Mr. Shields said that area has been tested and doesn't meet water quality 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 for 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 for the TDC, presented the media
buy schedule for February, March and April, in the amount of $375,700.93, for 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 for 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 for 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 trade 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, for 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 with
the exception of $39,400 for the Geiger Press Tours for Spring and the press Tour Reception
which 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 Buy
Schedule 4; Motion carried 4-0.
Motion by Sanders, seconded by Putnal, to schedule a public hearing for 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 for 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 for 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 for 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 for the Board.
Recess (12:19 PM)
Reconvene (12:33 PM)
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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 he
recommended c. W. Roberts, which was $7,700 over the grant amount, for the CR 67 Bridge
project.
Motion by Sanders, seconded by Lockley, to accept C. W. Roberts as low bidder and allow
Preble-Rish to negotiate: Motion carried 4-0.
Commissioner Sanders stated that there needed to be traffic flow on CR 67 at all times during
the project.
The Board and Mr. Kennedy discussed a possible solution to problems with an issue on Otter
Slide Road in Eastpoint. Mr. Kennedy stated that he and Mr. Pierce were able to witness a truck
pulling a boat along Otter Slide and saw the issue firsthand.
Commissioner Putnalstated that 4th Street in Eastpoint appears to have been cut by EPWS
without permission.
Chairman Jackel expressed her concerns with the work being done at 4th Street because ofthe
steep ditches and the need to stabilize the shoulders.
Chairman Jackel asked Mr. Pierce and Attorney Shuler to investigate this matter. She said she
wanted the shoulder stabilized and this area restored to its original condition before they
began 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 applications
for the airport FBD and the new hanger, but I am holding the recommendation until the Feb. 21
meeting as directed at the Jan. 17county 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
Sillerfor 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 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.
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 area
from 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 these
exercises are going on.
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.
Motion by Putnal, seconded by Sanders, to approve Change Order No.2, as the final change
order 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 week
to 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 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.
FeeDee Regular Meeting
2/7/2012
Page 14 0/20
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.
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 Board
meeting- 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 visited
Alligator Point recently. OEP 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 OEP staff prior to
the Warning Letter being issued. I recommend that I be directed to develop a debris removal
plan for submission to OEP. 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.
Motion by Sanders, seconded by Putnal, to authorize Mr. Pierce and Attorney Shuler to file
an 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 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 I to
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 FEMAfunds that has
occurred 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.
,
.
2/7/2012
PagelS 0/20
Motion by Sanders, seconded by Lockley. to authorize Mr. Pierce and Attorney Shuler to
negotiate 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 to
the Board for consideration for a resolution authorizing condemnation proceedings.
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 Carrabe//e 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 under-insured residents in the county.
12-lnform 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.
Chairman Jackel asked that the NACO cards are distributed throughout the County as the
County receives a refund for all cards used.
Motion by Sanders, seconded by Putnal, to authorize Chairman Jackel to sign NACo
documents; Motion carried 4-0.
Attorney Shuler discussed the NACo contract with the Board.
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2/7/2012
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Mr. Pierce stated that there will be lane restrictions for the next few days on the St. George
Island 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.
T. Michael Shuler - County Attorney - Report (12:59 PM)
Attorney Shuler presented his report to the Board.
Action Items
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.
Attorney Shuler discussed amendments with verbiage changes in the By-Laws, which requires
monthly written financial reports to the Board and also removes authority from the Hospital
Board to employ a CEO or management company and may not lease the hospital out without
the ratification of Franklin County.
Motion carried Putnal, seconded by Lockley, to approve amendments to the Hospital by-Iawsj
Motion carried 4-0.
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 county1s 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
"
2/7/2D12
Page 170/20
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?
Motion by Sanders, seconded by Putnal, to direct Attorney Shuler to move forward with draft
Local Preference ordinance for 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 methodfor 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.
The Board and Attorney Shuler discussed this matter further.
Commissioner Sanders asked Attorney Shuler to ask attorneys in surrounding areas what their
solutions are in this type of situation.
Motion by Sanders, seconded by Lockley, to direct Attorney Shuler to gather more
information 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 not
allocate 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 to
Lunch 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 new travel stipend between
Breakfast, Lunch and Dinner?
Chairman Jackel and Attorney Shuler discussed ifthere was a problem with discussing this
matter at a special meeting and suggested that the Board look at this matter again after more
financial information is gathered. She said the Board needs to look at the financial impact of
this Resolution.
2/7/2012
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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/tem
Calvin, Giodarno and ASSOciates, Inc. rCGA")
/ 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.
/n 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 lIat 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
Fronklin 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. eGA 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 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 goodfaith 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 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
Tallahassee, Florida. eGA 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
2/7/2012
Page 19 of 20
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.
Chairman Jackel was not in favor of joining 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.
Commissioner Sanders asked that Attorney Shuler inform CGA that ifthe County gets involved
in the lawsuit that they will pay all legal fees.
Non-Action Item
6. Eastpoint Water and Sewer District
I have no but I understand the Ms. Belcher indicated to Mr. Pierce that EPWS is
obtaining a LDC 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 FBD Lease
Attached is correspondence from Mr. Silva and myself. The correspondence speaks for
itself. In the final the FBD signed the 3 month extension I prepared.
8. Dr. Catlin's Demand Letter
Attached is correspondence from Dr. Catlin's attorney demanding that the hospital pay
him 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
2/7/2012
Page 20 0/20
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.
Attorney Shuler asked for Board action to authorize the execution of a deed for the Roscoe
Daley 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 for 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
REGULAR MEETING
FRANKLIN COUNTY COURTHOUSE ANNEX
FEBRUARY 21, 2012
9:00AM
MINUTES
Commissioners Present: Pinki Jackel- Chairman, Joseph Parrish, Noah lockley, Cheryl Sanders
Commissioner Absent: Bevin Putnal- Vice Chairman
Others 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 for Board action.
Commissioner Jackel asked Mr. Chipman to verify that St. George Island will be ready for 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.
FeBDee Regular Meeting
2!2l!2012
Page2 qf 18
Chairman Jackel asked Mr. Chipman to look at the painted stop sign and stop bar on South
Bayshore Drive on St. George Island.
Commissioner Sanders stated that the Forest Service will be contacting Mr. Chipman regarding
problems with beavers throughout the County.
Van Johnson - Solid Waste Director (9:07 AM)
Fonda Davis had no items for Board action.
Pam Brownell - Emergency Management (9:07 AM)
Mrs. Brownell had no items for Board action but submitted the following information items.
Action Items: None
Information Items:
1. February 10-12 was the finale training session for the Franklin County Community
Response Team (CERT). We now have a total of 14 CERT members and I am in the
process 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 was
very educational for the agencies that attended it. We hope to have a better attendance
at the next workshop on February 27, 2012 at 10:00 am at the EOe.
3. The Florida Department of Forestry met with local fire departments to discuss the
Franklin County Community Wildfire Protection Plan on February 13, 2012 at 10:00am
hosted ot the EOe. The Forestry is now in the process of working with our local United
Fire 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 Baptist
Christian School.
5. February 16,2012 Joyce Durham and I met with the Leon County EOC director to discuss
evacuation 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 Brownell will attend the Building Coastal Community Resilience Workshop
schedule 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.
212112012
Page3 of18
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 Updates
Miner/Chimney Bees -I have received a number of calls the past few weeks about "swarms" of
bees coming out of holes in the ground and flying around people's homes. I visited with several
homeowners and confirmed that the bees are Miner/Chimney bees. These are native, solitary
ground bees. They are not aggressive or defensive, they rarely sting. However, they are known
to bite, if they are handled roughly. So don't! They are important plant pollinators and their
populations have been increasing the past few years. They are emerging from the ground early
this year because of the "warm" weather we have been having. If you have any question or
need 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 rule
changes were adopted:
Gulf of Mexico Gag Grouper, Adoption of Federal Standard - The FWC manages marine
fish from the shore to nine nautical miles in the Gulf of Mexico. The Gulf of Mexico Fishery
Management Council manages Gulf of Mexico waters farther than nine nautical miles
out. The following changes will make state gag grouper management efforts the same as
recent federal gag grouper management efforts in the Gulf of Mexico: setting the
recreational open season from July 1 through Oct. 31 and lowering the minimum
commercial size limit from 24 inches to 22 inches total length.
The Commission also authorized Chairman Kathy Barco and Executive Director Nick Wiley
to issue an executive order opening gag grouper season in the state waters off Taylor,
Jefferson, Wakulla and Franklin counties, including Apalachicola Bay and Indian Pass. This
gag grouper recreational season if implemented, will open harvest in state waters during
April, 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 have
to be sensitive to the economic side and the natural resource side," said Commissioner
Charles W. Roberts 1/1. "/ don't think there is anybody here, especially in this room, who
would like to jeopardize gag grouper. This isn't an easy decision. We have to rely on the
data we have available and make good decisions. H
Oysters - The Commissioners also approved a measure that will allow the harvest of
oysters for seven days a week in Apalachicola Bay. Previously, harvest was not allowed on
Fridays and Saturdays from June 1 through Aug. 31 and on Saturdays and Sundays from
Sept. 1 through Nov. 15. The measure will go into effect June 1. This increased harvesting
FCBOCC RegulaT Meeling
212112012
Page 4 of18
opportunity comes in response to management changes in 2010 by the Florida
Department of Agriculture and Consumer Services that require oyster harvesters to
deliver their oysters by a specified time af day during the warmer months of the year. The
seven-day work week will allow Apalachicola Bay oyster harvesters the ability to make up
for 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 and
conserve Florida black bears so they are never again at risk of extinction. With the bear
population rebounding from about 300 to 3,000 over the past 40 years, the FWC
recognizes Florida's conservation success with bears and recommends the state's largest
land mammal be removed from the threatened species list.
Commissioners also gave tentative approval to a proposed FWC rule that would make it
unlawful to injure or kill bears, continuing protections similar to the ones gronted to bears
as a state threatened species. The rule odditionally commits the FWC to working with
landowners and regulating agencies to guide future land use to be compatible with
objectives 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 opportunityfor local input on
managing bear populations and habitat. For example, the Central BMU, based in Ocala
National Forest, has the largest estimated population of about 1,000 bears; the East
Panhandle 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 Smart
Community" would involve its residents, businesses, public agencies and schools in
educating people about how to live in bear country and respond appropriately to
human-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 Commerce
representative to the TDC. She is replacing Mark Friedman. The TDC has reviewed Ms. Hewitt's
qualifications and has determined she is qualified to serve.
Motion by Parrish, seconded by Lockley, to appoint Beverly Hewitt as the Apalachicola
Chamber 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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Page 5 of 18
3- Airport updote- The Airport Advisory Committee recommends the Board enter into
negotiations with Sky High Apalachicola as the new FBD at the airport. The Committee would
have Sky High use the existing FBD building. The Committee recommends that all the proposals
for use of the new hanger be rejected and re-advertise. The concern was that some of the firms
wanting to use the new hanger offered to increase their proposed rent, but this was done after
all the proposals had been opened and discussed. Based upon previous direction from the
Board, AlATC has signed a 3 month extension so unless the extension is cancelled AlA TC is
entitled to be the FBD until April 30. Board discussion.
Commissioner Sanders and Attorney Shuler discussed an out clause from the 90 day agreement
with AIATC.
Attorney Shuler discussed #9 from his report.
9. Airport
Attorney Joe Silva has sent a letter to me demanding that the county engage in good
faith negotiations to extend the lease by an additional ten year period. A copy of his letter is
attached. 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 for 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 for 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 for 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 for 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
212112012
Page 6 of18
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 specifically discussed when they would have the
II local 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, if 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 for 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.
Motion by Parrish, seconded by Sanders, tabling this item until the March 6, 2012 Meeting,
when the Board will select a proposal for the hangar; Motion carried 4-0.
Recess (10:10 AM)
Reconvene (10:28 AM)
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Page 7 of /8
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 their
meeting held February 1,2012:
1 ~ Approve a request for a variance to construct a rock retaining wall within the Critical Habitat
Zone on Lot 7, Block Y, Peninsular Point, Alligator Point as requested by DEC Engineering, agent
for Angelo Petrandis.
2 - Approve a request for a variance to construct a rack retaining wall within the Critical Habitat
for Finley & Jean McMillan ..
3 - Approve a request for a variance to construct a rock retaining wall within the Critical Habitat
for Lonny Ellingworth.
Motion by Sanders, seconded by Lockley, to approve Items 1- 3, as recommended by the
Advisory 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 (10:29 AM)
Mr. Pierce presented his report to the Board.
1- Board action for Ms. Beverly Hewitt to be appointed the Apalachicola Chamber of Commerce
representative to the TDC. She is replacing Mark Friedman. The TDC has reviewed Ms. Hewitt's
qualifications and has determined she is qualified to serve.
2 -Inform the Board that the cutting of 4th St in Eastpoint was done by Eastpoint Water and
Sewer District. It was done in the US 98 ROW. The road cutting and ditch wark are being
supervised by Transfield Services in accordance with their contract with DOT. I informed
Transfield of the Board's objections to 4th St being cut without Board approval, and about the
Board's safety concerns for the deep ditch the District has dug along the side of the road. I am
waiting a response back from Transfield.
212112012
Page 8ofl8
I did receive a draft Letter of Credit from the District that Mr. Allen said his Board would
be 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. He
asked 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 for a
solution, which will probably result in re-paving that area.
3- Airport update- The Airport Advisory Committee recommends the Board enter into
negotiations with Sky High Apalachicola as the new FBO at the airport. The Committee would
have Sky High use the existing FBO bUilding. The Committee recommends that all the proposals
for use of the new hanger be rejected and re-advertise. The concern was that some of the firms
wanting to use the new hanger offered to increase their proposed rent, but this was done after
all the proposals had been opened and discussed. Based upon previous direction from the
Board, AIATC has signed a 3 month extension so unless the extension is cancelled AlA TC is
entitled to be the FBO until April 30. Board discussion.
4- Board action to approve Finol Change Order (Change Order No.4), Reconciliation of
Quantities for Corporate Hanger. The Changer Order has been approved by the engineers and
the Airport Manager, Ted Mosteller.
Motion by Sanders, seconded by Parrish, to approve Final Change Order (No.4)
Reconciliation of Quantities for Corporate Hangar; Motion carried 4-0.
5- Board action for Chairman to sign Notice of Award to C. W. Roberts for the CR 67 Bridge
approach contract.
Motion by Sanders, seconded by Lockley. to approve Chairman Jackel's signature on the
Notice of Award to C.W. Roberts for 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 Franklin
County Health Dept. From the brief message I received I believe Ms. Barnhill will continue in her
role 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 Grouper
rules, and the FWC did create a Florida season for 4 counties, including Franklin, for the time
April through June.
Mr. Pierce and Commissioner Sanders discussed the location of the upcoming FWC Commission
meeting.
212112012
Page 90/18
8- Inform Board that the FWC has announced tentative dates for applying for construction
grants for Abercombie Boat Ramp and the St. George Island Bathroom project will be April 9
June 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 been
sunk for about a month. It is not currently in the way, but high water could shift the boat
causing major problems for everyone trying to use the ramp. The boat is approximately 20 feet
long 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 boat
and 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, in
moving the boat; Motion carried 4-0.
10-lnform Board that by Order of the Governor (Executive Order 12-10), the Governor has
ordered a review of all 1634 special districts in the state. The Office of Policy and Budget will
conduct the examination.
ll-lnform Board that the Northwest Florida Water Management District will be holding a
public hearing on Feb. 23, at 1:10 PM at its offices in Havana to present its 5 Year Land
Acquisition Plan. The 5 Year Plan does not include any new acquisitions in Franklin County so
there are no proposed changes in the county.
12-lnform the Board that DEP did grant a time extension until March 21 to the county
regarding the Notice of Violation issue on Alligator Point. I am arranging a site visit with DEP
and 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 have
established billing offices as it has been a discussion the Board has had ever since the two local
banks 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 very
informative. He offered to come to a Board meeting and discuss with the Board what he has
learned about running a rural hospital. Doctor's Memorial is under a lease agreement with
TMH.
Motion by Sanders, seconded by Lockley, to send a letter and email to Hospital Board
directing them to expedite the process of creating a local billing office, and discuss it at their
next Hospital Board meeting; Motion carried 4-0.
212112012
Page 10Q{18
14- Franklin County Librarian Glenda Ondracek requests Board permission to advertise to fill the
vacancy created by the departure of Ms. Suzanne Creamer. The position is a permanent, part
time, position, with a recommended hourly salary of $10/hour, and up to 26 hours per week of
employment.
Commissioner Sanders discussed concerns and asked that Ms. Creamer's departure is
investigated further.
Motion by Sanders, seconded by Lockley, to table this item and direct Mr. Pierce to
investigate Ms. Creamers resignation; Motion carried 4-0.
15- Commissioner Parrish was in Washington, DC, attending to county business during the first
week of February regarding the BP oil spill, and also the oyster industry. On the BP oil spill, it
appears that Congress is making progress in directing money to the impacted counties. The
House passed the RESTORE Act which stipulates that for the state of Florida, "75% of the
funding 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 being
negotiated 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 was
heard, 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 to
Senator Nelson for his continued support of this issue; Motion carried 4-0.
16- Chairman lackel met with Congressman Southerland, USACOE representatives, and DEP
representatives on Feb. 13 to discuss the need to dredge the Eastpoint Channel. DEP appears
ready 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 major
problem 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, assured
that the County would have a permit within 6 months and then will be put back on the Corps'
discretionary fund for projects. The Chairman also discussed some of the reasons this project
has been put off for so long.
Commissioner Sanders thanked Chairman Jackel for her efforts on this item and provided some
history on the dredging of the Eastpoint Channel.
212112012
Page JJ (!fl8
17. Board action for a change order for energy efficiency in Carrabelle
Motion by Sanders, seconded by Parrish, to approve change order for energy efficiency
project 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 as
possible.
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 on
airport property. The Airport Advisory Committee reports that the animals are a risk to
airplanes and need to be removed. Board action is to allow the two individual 30 days to trap
the animals.
Motion by Parrish, seconded by Lockley, to allow Leon Latham and Richard Duncan on the
Apalachicola Airport property to trap hogs and other wild animals, with a 30 day time limit
and 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 of
Commerce 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 back
gate of the airport and remind them the gate must remained lock. Mr. Mosteller has reported
that 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 keys
asking 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 Items
1. 2012 Annual County Attorney Conference
2/2]/2012
Page 12 of 18
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 and
location.
BOARD ACTION REQUESTED: Approval to attend the 2012 annual county
attorney conference in Orland, Florida.
Motion by Sanders, seconded by Parrish, to allow Staff to make arrangements for Board and
County Attorney to attend the 2012 Annual County Attorney Conference in Orlando and
approve travel and expenses; 4-0
2. Larry Troy and Angela Troy v. Joanna McCall, Charles McCall and Franklin
County.
The Trays have filed suit against the neighbors and the county.
BOARD ACTION REQUESTED: I need authority to accept 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 and
that we have unlawfully allowed lights on the McCall's dock in violation of the Dock
Ordinance.
The Troy's allege that the county wrongfully allowed the McCall's to conduct the
following 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 new vegetation within the CHZ:
e. place rocks and boulders within the CHZ;
f erect a pole within the CHZ that has a "No Trespassing II 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, but not others. The Troy's position is that all the
activity is against the code. For example, the McCall's were required to cease mowing/spraying
within 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 had
Progress Energy install a light on an existing power pole in the right of way. The
light is not on the dock. The county maintains that no Dock Ordinance violation
occurred because the light is not installed on the McCall's dock. The McCall's were
required to remove the underwater lights on their dock.
Chairman Jackel commented on this item.
Motion by Parrish, seconded by Sanders, to accept service; Motion carried 4-0.
212112012
Page 13 of18
3. Travel Reimbursement Policy
This 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 and
dinner. Based on the current $39 travel per diem, the present break down is 18%for
break-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, instead
of raising the in-state rate from $39 to $50, you may want to consider Simply passing a policy
that the in-state travel will adjust annually based on the annual IRS travel rate. This would make
in-state travel consist with your existing policy on mileage, which adjusts annually based on the
IRS guidelines. It would be difficUlt for anyone to argue with the use of such a standard and will
reduce the general travel expenses from the proposed new policy of $50.00 per day and will also
not 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 not too far out
of line with the federal out 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 Franklin
County hired CGA to manage the county's response to the Deep Water Horizon Oil Spill. CGA
requests that Franklin County join with them in a lawsuit in Tallahassee to collect approximately
$400,000.00 for an oil skimmer staged in Franklin County. BP has refused to pay for the oil
skimmer and has removed the lawsuit filed by CGA from Franklin County state court to Federal
Court in Tallahassee.
The contract between the county and CGA was an "at-risk" contract which provided that
CGA would get paid when the county was reimbursed by the responsible party.
The contract further provided that the county would in good faith assist CGA in
collections byfiling a lawsuit in Franklin County which CGA would join as lead counsel.
We are required by the contract to assist CGA byfiling suit in Franklin County. To date,
Franklin County has not filed suit to assist CGA in collection of the amount owed for the oil
skimmer as required by our contract with them.
If we do not join with CGA in the Federal District Court in Tallahassee, or file suit in
Franklin County, we will be in breach of our contract and subject to damages from which the
lIat-risk" nature of our contract will not protect us. The damages CGA would seek most likely will
be the amount that they billed BP; to wit: about $400,000.00. CGA likely prefers a direct suit
against us, as opposed to BP
FCBOCC Rttgular Meeling
212112012
Page 14 of18
Since BP removed CGA's lawsuit to Federal District Court in Tallahassee, they will surely
remove to Tallahassee any suit which we file in Franklin County. Meaning that the county will be
in court in Tallahassee anyway.
In my opinion, the venue pravision of the contract does not supersede our contractual
obligation 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 damages
for breach of contract if you do not take either course of action is substantial. I recommend
joining the suit in Tallohassee.
There is no provision in the contract which allows the county to require CGA to pay your
attorney 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. Given
the contract terms, you are required either to join the existing suit in Tallahassee or file suit in
Franklin County and then ask CGA to join as lead counsel. In either event, CGA will be lead
counsel 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 for
breach of contract. Damages for that breach sought by CGA most likely will be in the amount
allegedly owedfor the oil skimmer; to wit: $400,000.00. This is an undue risk that can be
avoided with modest expense byjoining the litigation in Tallahassee.
Chairman Jackel and Attorney Shuler discussed CGA paying for the County's legal expenses in
this litigation.
Commissioner Sanders stated that she never considered filing a case in Federal Court when she
voted to approve the contract.
Attorney Shuler explained why the case was moved to Federal Court, which he said was not the
fault 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 if
the County does or doesn't join the litigation.
Attorney Shuler explained the litigation process further. He said the County asked CGA to
provide the skimmer to protect the natural resources of the Bay in the event the oil made it
here.
Commissioner Parrish commented on this matter further and stated that he is in favor of
supporting CGA because they did what the Board asked them to do in order to prepare for the
oil spill.
Commissioner Lockley explained that the County did ask CGA to obtain the skimmer for the
County and he also supported joining litigation with CGA.
Commissioner Sanders asked if this is the only payment that has been denied and what was the
County's role with assisting for the other reimbursements. Attorney Shuler discussed.
212112012
Page 15 of 18
Mr. Pierce stated that other items were disallowed but this is the only large outstanding
amount.
Commissioner Sanders asked if CGA already paid out the $400,000 but 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 litigation with SP; Motion carried 4-0.
5. County Wide Parking Ordinance
The present parking ordinance does not make it violation for parking in the county right
of ways, except in deSignated parking areas. I am told that the Sheriff requires that the
ordinance be amended before he can take action against people parking in the right of ways of
county 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 boat
ramps so she objected to changing the wording of the Ordinance to make parking more
restrictive.
Attorney Shuler suggested making parking available everywhere except where designated as a
no parking area.
Commissioner Parrish stated why it is necessary to restrict parking in certain parts of the
County.
CommiSSioner Sanders asked that a representative from the Sheriffs Department come to the
next meeting to discuss this matter further.
Commissioner Parrish asked for additional information on this matter before the Board takes
action.
Jim McCoy, President of Alligator Point Taxpayers Association explained that Alligator Point has
a serious problem during the summertime with parking, trash pickup, and bathrooms. He
stated that he is working with the Sheriff's Department on the parking problems, but the Sheriff
needs Board action to change the Ordinance to enforce parking.
Informational Items
6. TDC Spending Plan
Unless directed otherwise, it is my intent to schedule the ordinance adoption of the TDC
spending plan for the second meeting in March 2012.
7. Highway Patrol Station Property ( two and one-half acres, more or less)
212112012
Page16of18
I today (2/17/12) received a letter from the State requesting that we release a deed
restriction limiting use of the highway patrol station to that purpose only and that the building
be built within one year. They want the county to release the restriction so that they can sell the
2.5 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 with
them before that date, the county will either have to file an appeal of their Notice of Violation or
seek another extension.
9. Airport
Attorney Joe Silva has sent a letter to me demanding that the county engage in good
faith negotiations to extend the lease by an additional ten year period. A copy of his letter is
attached. We will take this up for action at the next board meeting.
10. Tri-State Water War
Florida and Alabama this week filed their request for Certiorari review of the Eleventh
Circuit ruling, which stated that Atlanta can use Lake Lanier for municipal water uses.
11. BP Oil Spiff Claims
Attached is a letter from the firm of Hinkle and Foran requesting that you engage them
to make a claim against BP for alleged losses in our Small County Surtax and the Gas Tax. They
say the offer is no risk to the county for fees or costs unless they collect. They want 20%.
You have previously indicated that you have no desire to pursue such claims, so I have not
communicated with them.
12. Road Department Public Record Request
Attached is a letter from a law-firm requesting public records concerning the alleged use
of county equipment on private property to blockage an access easement. My reply is attached.
I spoke with the attorney and said he is satisfied with my reply to his public record request.
I have checked with Mr. Chipman and he advises that county equipment was not used.
13. Possible State Offsets of Florida Medicaid for Nursing Home Care (this is not
hospital related)
Attached for your information is an email from the Florida Association of Counties
concerning pending legislation wherein the State may enact a low compelling counties to IIre
pay" allegedly outstanding Medicaid bills for nursing home patients sent by them to the
counties. The counties have objected on a number of grounds, including that the state sent the
county a Medicaid bill for a non-resident. There is no much money (around $400 million) dollars
that the state may enact a law that says the counties have to pay whatever amount they say is
due and, if unpaid by the county, the state will offset revenue sharing. A copy is attached for
your review.
212112012
Page 170118
The county attorney association, along the FAC, is monitoring this bill.
Supplemental Report
1. Hospital By-Laws
Last meeting the Board approved the by-laws for the hospital, but did not specify the
dollar amount above which all contracts would have to be brought to the county for approvol.
Cindy Drapal and I jointly recommend that all contracts below $100,000.00 be approved by the
hospital and that all contract in excess of $100,000.00 must have county approval. The current
contract with Omnicell has been previously discussed with the Board by Cindy and will not be
brought back to the Board. This is the contract for the medication dispensing machine that she
believes will qualify for up to 75% grant reimbursement once it becomes "meaningful use"
certified.
BOARD ACTION: Motion approving the contract cap in the by-laws.
Commissioner Sanders asked for a lower cap on contracts.
Commissioner Parrish and Attorney Shuler discussed that all contracts would be reviewed by
the County Attorney. Attorney Shuler stated that this is a policy decision, not a requirement in
the by-laws.
The Board discussed implementing a lower cap.
Motion by Parrish, seconded by Sanders, to approve a cap of $50,000 on all vendor contracts
for Weems Hospital and anything over $50,000 to come before the Board for approvali
Motion carried 4-0.
2. E-verify
E-Verify is a federal law which requiring that federally funded projects must verify the
citizenship of employees and vendors. This is in an effort to reduce illegal immigration and the
employment thereof.
Since this involves the qualification of employees, the Clerk's office will log-onto the
federal website to set-up and administer E-Verify system, unless you direct otherwise.
BOARD ACTION: None requested.
Commissioners and Public Comments (11:54 AM)
Commissioner Lockley would like language in the Airport's contract with the new FBO for a time
limit to create new jobs at the airport.
Attorney Shuler said this item would be covered in the contract.
Chairman Jackel stated that judges are needed for the Chili Cook-Off. She asked that anyone
who is interested to call Jay Abbott at 653-6462.
212112012
Page 18 of18
Chairman Jackel stated that she is glad Susan Harden will be staying at Weems East.
Commissioner Sanders thanked the Board for their support with funding Weems East.
Commissioner Sanders extended condolences to the family for the passing of Chairman Jackel's
father in law.
Chairman Jackel shared some of her father in law's life history.
Commissioner Sanders thanked William Scott, of the County's Veterans Affairs Office for his
services to the veterans of the County.
Clay Kennedy, of Preble-Rish, asked for Board action to sign a permit application for docks at
the Abercrombie Boat Ramp.
Motion by Sanders, seconded by Lockley, to approve application for a dock permit at the
Abercrombie Boat Ramp; Motion carried 4-0.
Bruce McCormick, representing ARTie, a company bidding on the Airport Hangar, asked the
Board to allow him to elaborate on his proposal which was submitted for the hangar.
Chairman jackel asked that Mr. McCormick wait until he is contacted by the Board to discuss his
proposal further when, or if, the other companies are interviewed.
Motion by Lockley, seconded by Parrish, to interview all companies which submitted bids on
the Airport Hangar at the next meeting; Motion carried 4-0.
Adjourn (12:06 PM)
There being no further business, Chairman Jackel adjourned the Meeting.
Pinki Jackel, Chairman-FCBCC
Attest:
Marcia M. Johnson, Clerk of Courts
1
ACS GOV'T FINANCIAL SYSTEM .. FRANKL I-N COttN'f:t----
03/05/2012 14: Check ster GL540R-V07.20 PAGE
BANK
BANK GENERAL
001757
000100
000675
002326
.05734
003056
002553
001104
000214
002172
000394
002905
002281
000104
002576
001000
000554
000108
000320
002645
000194
002486
.05735
000547
.05737
001994
002975
000563
002022
000230
002624
000343
000192
000869
.05738
000593
002855
002801
.05736
000790
001887
.05739
002848
002899
.05740
001844
001921
.05741
VENDOR
BANK ACCOUNT
ACS
ACTION FIRE & SAFETY EQU
ADVANCED BUSINESS SYSTEM
ALTERNATIVE ELECTRIC CO
AMERICAN BIRDING ASSN
AMERICAN EXPRESS
AMERICAN FAB INC
AMERICAN LIBRARY ASSOCIA
AMERIGAS
APALACHICOLA ACE HARDWAR
APALACHICOLA BAY CHAMBER
APALACHICOLA HISTORICAL
ARAMARK
ARD'S FINA
ARNOLD/HARRY
BAKER AND TAYLOR
BAY MEDIA SERVICES
BAYSIDE GALLERY & FLORIS
BCC ROAD AND BRIDGE FUND
BCC WEEMS HOSPITAL
BLUE CROSS BLUE SHIELD 0
BROWNELL/PAMELA
BUDGET TRAVEL
C.W. ROBERTS CONTRACTING
CAPITAL ONE BANK USA
CAPITAL TRUCK, INC.
CAPTAIN DAVID'S LAWN
CARRABELLE CHAMBER OF CO
CARROT-TOP INDUSTRIES
CARSON & ADKINS
CHEMICAL & JANITORIAL SP
CHEVRON U.S.A., INC.
CITY OF APALACHICOLA
CITY OF CARRABELLE
CLEAR CHANNEL AIRPORTS
CLERK OPERATIONAL ACCOUN
COAST TO COAST SOLUTIONS
COASTAL E SOLUTIONS LLC
COMCAST SPOTLIGHT
CRYSTAL SPRINGS WATER CO
DRI-BRITE
EARL HARDY
EASTPOINT WATER & SEWER
ELLIOTT/IDA C
FINS MEDIA GROUP
FLEET PRIDE, INC.
FLORIDA COMBINED LIFE IN
FLORIDA SPORT FISHING
CHECK#
51611
51612
51613
51614
51615
51616
51617
51618
51619
51620
51621
51622
51623
51624
51625
51626
51627
51628
51629
51630
51631
51632
51633
51634
51635
51636
51637
51638
51639
51640
51641
51642
51643
51644
51645
51646
51647
51648
51649
51650
51651
51652
51653
51654
51655
51656
51657
51658
DATE
03/06/12
03/0 12
03/0 12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/0 12
03/0 12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/0 12
03/0 12
03/0 12
03/0 12
03/0 12
03/0 12
03/0 12
03/0 12
03/06/12
03 /12
03/0 12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
AMOUNT
271.44
59.50
93.19
245.00
1,200.00
165.42
78.85
96.50
880.57
824.91
16,258.33
1,600.00
279.39
40.00
2,000.00
500.29
9,768.00
29.63
23,993.61
93,468.95
106,726.56
300.00
5,583.00
6,000.00
13,610.75
375.42
660.00
16,258.33
1,590.97
1,060.23
286.00
47.52
1,900.52
341.58
1,062.00
2,981.23
183.15
7,200.00
1,000.00
14.35
680.00
740.00
24,606.24
19,201.02
7,000.00
114.16
7,799.91
650.00
2
ACS GOV'T FINANCIAL SYSTEM COUNTY
03/05/2012 14: Check ster GL540R-V07.20 PAGE
BANK
BANK GENERAL
002837
000256
000407
001830
002838
002944
002509
002285
003044
002304
000138
000921
000635
.05742
001937
000395
002725
000143
002861
002736
002329
001055
000283
00175
003042
002731
003071
000777
002978
001610
002561
003072
003053
002554
003068
000648
003073
003051
002194
001489
002394
000168
002824
.05743
001837
.05747
002900
000729
VENDOR
BANK ACCOUNT
FORGOTTEN COAST TV
FRANKLIN CO.SR.CITIZEN C
FRANKLIN COUNTY HUMANE S
GANDER AUTO PARTS
GARDENS INC
GARRY MILLENDER
GREENSOUTH EQUIPMENT INC
GULF COAST AGGREGATES LL
GULF COAST AUTO PARTS
GULF STATE CHEMICAL AND
GULFSIDE I.G.A. (APALACH
GUNN HEATING AND AIR CON
HARRIS,JR./JAMES A.
HEATHER & CARL EVANS &
HILL MANUFACTURING COMPA
HOLLEY, INC.
JACKSON AUTO PARTS
JACKSON AUTO PARTS & ACE
JASON WHITE CONSTRUCTION
JOHNSON PETERSON ARCHITE
JOHNSON/MARCIA M.
KEEP AMERICA BEAUTIFUL,
KELLEY FUNERF.L HOME
KENNY STRANGE ELECTRIC
KETCHAM APPRAISAL GROUP
M E BRAMBLETT
M*MODAL SERVICES LTD
MAHAN JR./WILLIAM T.
MANAGEMENT EXPERTS
MIKE PARRISH
NEECE TIRE & AUTO SERVIC
NI GOVERNMENT SERVICES I
NORTRAX INC
OFFICE DEPOT
OLIVER RENOVATION AND
PEAVY & SON CONSTRUCTION
PET WASTE ELIMINATOR
PREMIUM LINEN SERVICE LL
PROGRESS ENERGY FLORIDA,
QUILL CORPORATION
REDDY ICE-ALBANY
RING POWER CORPORATION
RIOTEC INDUSTRIAL PRODUC
ROGER BANSEMER
SADLER & CO.,INC.
SAM RUDD
SHIVER/SKIP
SHULER/THOMAS M.
CHECK#
51659
51660
51661
51662
51663
51664
51665
51666
51667
51668
51669
51670
51671
51672
51673
51674
51675
51676
51677
51678
51679
51680
51681
51682
51683
51684
51685
51686
51687
51688
51689
51690
51691
51692
51693
51694
51695
51696
51697
51698
51699
51700
51701
51702
51703
51704
51705
51706
DATE
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
o 6/12
03 12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/0 12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
03/06/12
AMOUNT
2,800.00
5,012.00
10,282.75
2,856.05
8,441.90
4,262.50
3,970.00
1,139.92
57 .43
51. 60
71.25
4,700.00
41,702.83
12,500.00
405.10
1,677.54
2.58
88.61
4,500.00
2,500.00
20,104.43
403.25
805.00
590.00
2,469.00
578.50
241.28
342.68
5,000.00
2,916.66
478.16
12.17
1,363.05
335.94
61,310.70
2,640.00
222.99
130.14
7,789.69
932.00
141.30
3,223.78
387.00
9,600.00
1,754.40
356.58
382,971.67
3,284.00
ACS GOV'T FINANCIAL SYSTEM FRANKLIN COUNTY
03/05/2012 14 : Check Register GL540R-V07.20 PAGE
BANK VENDOR
BANK GENERAL BANK ACCOUNT
003008 SPORT SUPPLY GROUP INC
.05745 SPRINGTIME TALLAHASSEE
002773 ST GEORGE LIGHTHOUSE
001642 ST.JOE RENT-ALL, INC.
002513 STONE/MELANIE R
.05744 SUSAN'S VIDEO
002424 SWITZER/LORI
002670 TAYLOR BUILDING SUPPLY
000175 TAYLOR'S BUILDING SUPPLY
002915 THE MAINTENANCE CONNECTI
.05748 THE MOORINGS AT
.05749 TIGER SHARK FAST BREAK
003070 TONY POLORONIS & SONS IN
001812 TRACTOR & EQUIPMENT COMP
003074 VCC ENVIRONMENTAL
002929 WASTE PRO - TALLAHASSEE
001993 WATER MANAGEMENT SERVICE
.05746 WCTV
000329 WOYS OYSTER RADIO
GENERAL BANK ACCOUNT
CHECK#
51707
51708
51709
51710
51711
51712
51713
51714
51715
51716
51717
51718
51719
51720
51721
51722
51723
51724
51725
51726
51727
51728
DATE
03/06/12
03/0 12
03 12
03 12
03 12
03 12
03 12
03/0 12
03/0 12
03/0 12
03/06/12
03/06/12
03/06/12
03/0 12
03/06
03/06/12
03/0 12
03/06/12
03/06/12
03 12
03 6/12
03/06/12
AMOUNT
1,340.97
5,000.00
13,133.33
1,536.14
375.00
230.00
2,625.00
47.24
1,658.29
14.99
251.49
74.99
858.89
125.90
175.00
3,000.00
506.43
335.00
62.64
103.69
2,880.00
2,400.00
1,034,488.94
***
ACS GOV'T FINANCIAIJ SYSTEM
03/05/2012 14:45:04
FUND RECAP:
FUND DESCRIPTION
001 GENERAL FUND
120 FINE AND FORFEITURE
125 FRANKLIN CO LOC SALES SURTAX
130 TOURIST DEVELOPMENT FUND
137 FRANKLIN CO PUBLIC LIBRARY
139 BALD POINT TRUST FUND
140 ROAD AND BRIDGE
142 MOSQUITO CONTROL
150 NEIGHBRHOOD REVITALIZTN CDBG
163 ENHANCED 911 FUND
170 AIRPORT FUND
180 AFFORD.HOUSING ASSIST TRUST
TOTAL ALL FUNDS
BANK RECAP:
BANK NAME
BANK G E N E R ~ L BANK ACCOUNT
TOTAL ALL BANKS
Check ster
DISBURSEMENTS
312,959.51
432,452.73
78,468.95
11 7,233.74
4,751.66
2,469.00
23,540.45
2,657.64
24,606.24
600.79
12,444.07
22,304.16
1,034,488.94
DISBURSEMENTS
1,034,48 .94
1,034,488.94
FLORIDA
DEPARTMENT of
Governor
RICK SCOTT
CORRECTIONS
Secretary
KENNETH S. TUCKER
An Equal Opportunity Employer
501 South Cal.houn Street, Tallahassee, FL 32399-2500 http://www.dc.stale.fl.LlS
February 29, 2012
The Honorable Lloyd Alton "Skip" Shiver, Jr.
Sheriff of Franklin County FEDERAL EXPRESS DELIVERY
270 State Road 65
East Point, Florida 32828
Re: Contract #C2650 (Franklin County Sheriff Office)
Dear Sheriff Shiver:
As a result of difficult budgetary restraints and ongoing budget reductions, and in
accordance with Section VI., Subsection A., Termination at Will, a provision of the above
referenced contract, the Department is hereby terminating without cause Contract #C2650.
The termination of Contract #C2650 is effective either March 31, 2012, or thirty days from
the date of your receipt of this letter, whichever is later. This letter serves as your official
notice of the termination of this contract. To ensure proper facilitation of inmate
movement, our Classification Bureau wHl coordinate with you to ensure the transition is
conducted appropriately.
Please be assured this decision was not made easily. The Department has valued the
services that you have provided at the Franklin County Sheriffs Office. If there are any
questions concerning this termination, please contact Robert E. Staney, Chief, Bureau of
Procurement and Supply at (850) 717-3694.
Sincerely,
Kenneth S. Tucker
Secretary
cc: Michael Crews, Deputy Secretary
Timothy Cannon, Assistant Secretary of Institutions
William Churchwell, Warden, N0l1hwest Florida Reception Center Annex
Robert E. Staney, Chief, Bureau of Procurement and Supply
Michael Deariso, Chief, Bureau of Finance & Accounting
Bruce Lulofs, Bureau of Auditing. Department of Financial Service
Contract File

Mar 6 2012

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FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS

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