May 1 2012

FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS
REGULAR MEETING
FRANKLIN COUNTY COURTHOUSE ANNEX
MAY 1,2012
9:00AM
AGENDA
The Board of County Commissioners asks that all cell phones are turned off or placed on silent (vibrate) mode. If you would like to
comment on any matter, when recognized by the Chairman, state your name, sign the speaker log, and please adhere to the 3 minute
time limit. If you plan on distributing any handouts (information) to the Commission, please provide a copy to the Clerk for the official
records.
9:00A.M. CaU to Order
Prayer and Pledge
Approval of the Minutes
Payment of County Bills
9:15A.M. Department Supervisor Report
Hubert Chipman - Superintendent of Public Works
Van Johnson - Solid Waste Director
Pam Brownell- Emergency Management Director
Bill Mahan - County Extension Director
9:45 A.M. Ms. Cindy D r a p e l ~ Hospital Update
10:00 A.M. Marcia Johnson- Clerk of Courts Report
10:15 A.M. Alan Pierce- Director of Administrative Service
10:30 A.M. T. Michael Shuler- County Attorney Report
10:45 A.M. Commissioners' & Public Comments
11:00 A.M. Adjourn
REGULAR MEETING
FRANKLIN COUNTY COURTHOUSE ANNEX
APRIL 3, 2012
9:00AM
MINUTES
Commissioners: Pinki Jackel- Chairman, Bevin Putnal- Vice Chairman, Joseph Parrish, Noah
Lockley, Cheryl Sanders
Others Present: Marcia Johnson - Clerk of Court, Alan Pierce - Director of Administrative
Services, Michael Shuler - County Attorney, Michael Moron - Deputy Clerk/Board Secretary
Call to Order (9:01 AM)
Chairman Jackel called the Meeting to order.
Prayer and Pledge (9:01 AM)
There was a prayer followed by the Pledge of Allegiance.
Approval of the Minutes - March 20. 2012 Regular Meeting (9:02 AM)
Motion by lockley, seconded by Sanders, to approve the Minutes of the March 20, 2012
Regular Meeting; Motion carried 5-0.
Payment of County Bills (9:03 AM)
Motion by Putnal, seconded by lockley, to approve the payment of the County's Bills as
presented; Motion carried 5-0.
Department Supervisor Report
Hubert Chipman - Superintendent of Public Works (9:04 AM)
Mr. Chipman had no items for Board action.
REGULAR MEETING
FRANKLIN COLINTY COURTHOUSE ANNEX
APRIL 3, 2012
9:00AM
MINUTES
Commissioners: Pinki Jackel - Chairman, Bevin Putnal- Vice Chairman, Joseph Parrish, Noah
Lockley, Cheryl Sanders
Others Present: Marcia Johnson - Clerk of Court, Alan Pierce - Director of Administrative
Services, Michael Shuler - County Attorney, Michael Mor6n - Deputy Clerk/Board Secretary
Call to Order (9:01 AM)
Chairman Jackel called the Meeting to order.
Prayer and Pledge (9:01 AM)
There was a prayer followed by the Pledge of Allegiance.
Approval of the Minutes - March 20, 2012 Regular Meeting (9:02 AM)
Motion by Lockley, seconded by Sanders, to approve the Minutes of the March 20, 2012
Regular Meeting; Motion carried 5-0.
Payment of County Bills (9:03 AM)
Motion by Putnal, seconded by Lockley, to approve the payment of the County's Bills as
presented; Motion carried 5-0.
Department Supervisor Report
Hubert Chipman - Superintendent of Public Works (9:04 AM)
Mr. Chipman had no items for Board action.
FCBOCC Regular Meeting
4/03/2012
Page 2 of 16
Commissioner Sanders asked Mr. Chipman to clear some tree debris, caused by the twister that
touched down in the Lanark Village area.
Commissioner Sanders suggested that Chipman order some milled asphalt from C.W. Roberts
since they will be in the County doing work soon. Mr. Chipman stated that he will work on it as
the milled asphalt helps control the dust.
Commissioner Putnal asked Mr. Chipman if he worked on the shoulders around Ave. A in
Eastpoint. Mr. Chipman said he would.
Chairman Jackel, Mr. Pierce and Mr. Chipman discussed the intersection in Eastpoint where
EPWS is working on their project.
Commissioner Sanders also commented on this item.
Commissioner Lockley stated that there is a problem with speeders on 25
th
and 17th Streets in
Apalachicola and requested signage in these areas. He said he has been told there is in autistic
child living in that area.
Commissioner Parrish stated that a 4th stop sign needed to be added at the three way stop in
Highland Park to make it a four way stop. He also discussed debris being dumped near D.W.
Wilson Park.
Chairman Jackel stated that Eastpoint needs some attention because of trash and debris.
Chairman Jackel and Mr. Pierce discussed tree trimming that is needed in the County.
Van Johnson - Solid Waste Director (9:14 AM)
Mr. Johnson had no items for Board action.
Mr. Johnson stated that he has submitted his retirement plans, which will be effective on May
31,2012.
Chairman Jackel asked that Parks & Recreation please police the Eastpoint Pavilion a little more.
She said there are some items in the parking lot that need to be removed.
Commissioner Putnal complimented Mr. Johnson on the Day of Ball and said they did a good
job.
Commissioner Sanders suggested installing water fountains at Kendrick Park.
The Board discussed this matter further and suggested installing these at all of the County
parks.
4/03/2012
Page 3 of 16
Commissioner Lockley asked Mr. Johnson to verify that the Senior Citizens Center in
Apalachicola is receiving their portion of allocated funds.
The Board and Mrs. Johnson discussed this matter.
Commissioner Sanders stated that there is a problem around Carrabelle Beach where trash and
debris is being left on the Right of Way on Highway 98 and the public needs to be notified that
this is illegal.
Chairman Jackel stated that the same has been done in Eastpoint and asked Mr. Pierce to
discuss this matter with Transfield. She asked that if they will not pick it up to report back to the
Board so the County can pick it up.
The Board discussed this issue further.
Pam Brownell - Emergency Management Director (9:21 AM)
Mrs. Brownell presented her report to the Board.
Action Items:
1- Requesting the Board to approve and sign the contract with The Management Experts for
training and exercise for the 2012 Homeland Security Grant and to piggyback the jefferson
county contact in order to save the county monies and time.
Motion by Sanders, seconded by Parrish, to approve and sign contract with The Management
Experts for training and exercise for the 2012 Homeland Security Grant and Jefferson County
contract; Motion carried 5-0.
2- Request Board sign Hazard Mitigation Grant Program (HMGP) contract modification for Small
Drainage Project in Franklin County. Franklin County will receive an increase in funding for the
construction of 10 cross drains throughout the county in order to meet engineering criteria.
Original Grant Funding: New Grant Funding:
Federal Share $39,365.00 (75%) Federal Share $70J43.00 (75%)
Local Share $13,122.00 (25%) Local Share $23,581.00 (25%)
Total Cost $ 52,487.00 (100%) Total Cost $94,324.00 (100%)
Motion by Putnal, seconded by Sanders, to approve Board signature on Hazard Mitigation
Grant Program contract for Small Drainage Projects, contingent upon review by Attorney
Shuler; Motion carried 50.
Information Items:
1 - Franklin County Emergency Management Director, Pam Brownell, along with your Public
Information Officers, Tom Durham and Rachel Ward, took part in the" Media Event" on st.
George Island March 21, 2012. This event was sponsored by the Franklin County Tourist
Development Council.
FeBoee Regular Meeting
4/03/2012
Page 4 of 16
2 - The weather siren and lightning detection presentation, requested by the Franklin County K
12 School and supported by Emergency Management, was a success. We hope the schoo" the
two municipalities and the Franklin County Parks and Recreation Department consider
purchasing similar weather sirens.
3 - On March 2012 Emergency Management met with local Animal Control, the Franklin
County Humane Leon County Animal Control and the Animal in Disaster Agency to
develop a workable disaster plan for animals.
4 - Franklin County Emergency Management participated in training in the use of EMnet. This is
a communications tool used to activate the State Emergency Alert System sending emergency
notifications to county residents from the EOe. Training with this FEMA Integrated Public Alert
and Warning System will be ongoing.
5 - Franklin County Emergency Management will be participating in the State Evacuation
Exercise in Tallahassee on 2012.
6 - Franklin County Mosquito Control will meet with State and Local ESF 17 (Animal Protection)
on 2012 at 10:00am at the EOe.
7 - Northwest Florida Water Management District expects to have approval soon from DOT on
platforms for the hydrologic monitoring stations for the Ochlockonee and Crooked Rivers. They
have also been receiving monitoring and telemetry equipment for these platforms last month.
Bill Mahan - County Extension Director (9:24 AM)
Mr. Mahan had no action items but discussed the following items from his report.
Gulf of Mexico Fishery Management Council (GMFMC)
Gulf Grouper Recreational Season Opened 2012 - The GMFMC reminds anglers that the
recreational harvest of shallow-water groupers - except for gag - reopens April 1 within the 200
mile limit of the Gulf of Mexico federal waters.
The annual February 1 March 31 closure of Gulf recreational shallow-water grouper includes
rock hind and red hind. The two-month closure
during spawning season helps reduce overfishing of gag and rebuild its populations so that
larger annual harvests may be possible in the future. Note the gag recreational season remains
closed. Gag will open July 1 and close October 31. Size limits and bag limits (22
11
and 2/person)
for gag have not changed.
Mr. Mahan discussed an EIS Meeting he recently attended at the Research Reserve on the
Glades Reservoir Proposal.
Ms. Cindy Drapel - Hospital Update (9:26 AM)
4/03/2012
Page 5 of 16
Ms. Drapel reviewed her submitted report and discussed the results of the cost report which
was submitted to Medicare.
Chairman Jackel and Ms. Drapel discussed the debt on the report. Chairman Jackel suggested
submitting the debt to the agency at this time if they are considering paying old debts.
Chairman Jackel and Ms. Drapel discussed writing off some of the old bad debts.
Chairman Jackel and Ms. Drapel discussed out-sourcing versus in-house billing costs. Ms.
Drapel stated that the billing cost is adjustable by volume.
Chairman Jackel and Ms. Drapel discussed keeping separate financial reports for Weems East.
Chairman Jackel stated why she thinks it is important to have separate reporting for Weems
East in order to effectively analyze how well things are going and Commissioner Sanders agreed
that cost comparison is important.
Ms. Drapel stated that collections are going w.ell at Weems East and stated that the new CFO is
still in the process of working towards compiling these types of reports.
Ms. Drapel recognized Steve Lanier, CFO of Weems Hospital.
The Board and Mr. Lanier discussed the training that TMH has offered. Mr. Lanier discussed
upcoming training with TMH.
Commissioner Sanders and Ms. Drapel discussed Weems embracing the providers throughout
the County so that they feel inclusive with Weems in order for the residents of Franklin County
to be served effectively. Commissioner Sanders discussed the need to show respect to these
doctors in order for them to feel a part of Weems.
Ms. Drapel discussed her attempts to reach out to Dr. Bracato and said she has a collegial
relationship with Dr. Miniat.
Commissioner Lockley offered to meet with Dr. Bracato, Dr. Miniat and Ms. Drapel to discuss
any problems they may have and to work out any issues.
Ms. Drapel asked for Board action to approve a Resolution for an EMS grant.
Motion by Sanders, seconded by Putnal, to approve the Resolution for EMS Grant based upon
Attorney Shuler's review; Motion carried 5-0.
Ms. Kim Barnhill- Health Department - Discuss core contract (9:47 AM)
Kim Barnhill, Interim Health Officer of the Franklin/Jefferson/Madison County Health
Departments} introduced herself to the Board.
Ms. Barnhill stated that the County health ran kings are available online and asked the
Commissioners to visit that site.
Ms. Barnhill informed the Board of the current services of the Health Department. She asked
the Commissioners to visit the Carrabelle site as there have been renovations to that building.
4/03/2012
Page 6 of 16
Ms. Barnhill discussed the upcoming Health seminar and forum that will be held on April 11,
2012 at the Estuary.
She also discussed two grants requiring Board action, which would provide dental services in
Franklin County.
Commissioner Putnal stated that he has received complaints from local contractors that out of
county contractors are doing the renovation project at the Carrabelle location. Ms. Barnhill
stated that she thought the contractor lived in the County at this time and said she would look
into this matter.
Commissioner Sanders explained the need for primary care as well as dental services in the
County. She also stated the communication problems the Board has had with the Department
of Health and the issues it has created in the County. She said the State will be in sad shape if
the people are not provided the services they need.
Commissioner Lockley, Chairman Jackel and Ms. Barnhill discussed using a mobile dental facility
in Apalachicola.
Chairman Jackel explained to Ms. Barnhill why the Board has such a bad feeling toward the
Department of Health.
Commissioner Putnal and Ms. Barnhill discussed the amount of primary care that is being
offered by the Health Department at this time.
Ms. Barnhill explained that the entire State is dealing with a 41% reduction in the Department
of Health's budget, which affects all counties.
Commissioner Sanders and Ms. Barnhill discussed some of the previous actions of the Health
Department.
Chairman Jackel explained the necessary actions of the Board based on the actions of the
Health Departments.
Chairman Jackel and Ms. Barnhill discussed the time frame to begin dental services in the
County.
Commissioner Parrish thanked Ms. Barnhill for bringing the dental program to the County.
The Board and Ms. Barnhill discussed the core contract and the amount needed.
Motion by Putnal, seconded by Sanders, to provide the 25% match, in the amount of $22,500,
for the dental care grant; Motion carried 5-0.
4/03/2012
Page 7 of 16
Ms. Barnhill asked the Board to allow the Health Dept. to use all $36,190 of the allocated funds
to the Health Dept.
Commissioner Parrish discussed the need to continue a partnership and work closer with the
County Health Department.
Motion by Putnal, seconded by Sanders, to rescind prior motion regarding dental care grant;
Motion carried 5-0.
Motion by Putnal, seconded by Sanders, to allocate the total allocation, in the amount of
$36,190, to the Health Department with $22,500 of that funding going toward the dental care
grant; Motion carried 5-0.
Recess (10:22 AM)
Chairman Jackel called for a recess.
Reconvene (10:40 AM)
Chairman Jackel reconvened the Meeting.
Dr. Pam Fleege - Early Childhood Services - Support for Grant (10:40 AM)
Pam Fleege, Executive Director of Early Childhood Services, asked the Board for a Letter of
Support so that the agency can submit a grant for funding. Ms. Fleege discussed how many
children they provide services for and also how many County residents are employed by the
agency.
Commissioner Lockley stated that this agency does employ a lot of people in this County and
provides good services. He said he has never heard of a complaint against this agency.
Motion by Lockley, seconded by Putnal, to authorize a Letter of Support for grant submission;
Motion carried 5-0.
Marcia Johnson - Clerk of Courts - Regort {10:43 AM)
Mrs. Johnson had no report for the Board.
Attorney Shuler explained that Board action is needed to authorize the Chairman to sign the
Health Department Core Contract.
Motion by Parrish, seconded by Lockley, to authorize the Chairman's signature on the Health
Department Core Contract; Motion carried 5-0.
4/03/2012
Page Sof 16
Alan Pierce - Director of Administrative Services - Report (10:44 AM)
Mr. Pierce presented his report to the Board.
1- Provide Board with update on timeline for purchasing Harvester's Licenses. The window to
purchase an Oyster Harvester's License is May 17 through June 30. After June 30 the price goes
to $500 to penalize late registration. The requirement for the license was set by the legislature
and can only be removed by the legislature.
2 Board action to have Chairman sign Progress Energy form which wiff allow the
interconnection of the Courthouse Annex to the Progress Energy Electric Grid so that the county
will be able to sell electricity back to Progress Energy on those days the solar panels are
producing more energy than the Annex is consuming.
Motion by Lockley, seconded by Parrish, to approve the Chairman's signature on Progress
Energy form, which allows the County to sell electricity back to Progress Energy on the days
the solar panels are producing more energy than the Annex consumes; Motion carried s-o.
3- Inform Board that tourists have received FWC citations for fishing without a license at the st.
George Island Fishing Pier and Eastpoint Fishing Pier. The fines have been in excess of $100.
There are many exceptions for freshwater but in saltwaterfishing essentially everyone needs a
license if you are between the age of 16 and 65. I recommend the Board install signs at the
fishing piers stating, "Florida requires a saltwaterfishing license for people aged 16 to 64. For
license information call 1-888-347-4356. " Does the Board want to install signs anywhere else?
Commissioner Parrish suggested installing signage at County boat ramps. He stated that the
signs should be placed anywhere in the County that allows for salt water access.
Chairman Jackel explained the options for purchasing licenses.
Commissioner Putnal, the Board and Mr. Pierce discussed the use of licensing funding.
Motion by Parrish, seconded by Lockley, to place signs wherever there is salt water fishing
access in the County; Motion carried s-o.
Commissioner Lockley suggested building a boat ramp, in the future, at the west end ofthe
County.
The Board and Mr. Pierce discussed this suggestion further.
Chairman Jackel asked Mr. Pierce to send a letter to USFWC about the property they own in the
west end area of the County and options for creating a boat ramp at this location.
4/03/2012
Page 9 of 16
4- Inform Board that I am working with the Clerk's Office to develop the RFP that will be
advertised for county auditing services. Since this function is covered by Florida Statute there
are many requirements that must be met.
Inform the Board that the county did turn in a draft Alligator Point Debris Removal Plan to
DEP for their review. In order to keep moving forward I have directed Mr. Dombrowski to
develop a bid documents because it is my expectation that we will need to be opening bids in
May in order that the work can be done in June or July.
6- On a related note, I met with six FEMA representatives on Alligator Point on Thursday, March
29, and reviewed the status of the praject. FEMA is supportive of the county's efforts to relocate
the road but encourages us to move forward. An extension of the timeline might be possible but
we need to show continued progress. To that end I have directed Clay Kennedy with Preble"Rish
Engineers to seek a DEP construction permit that would authorize us to build the new road over
the 4 SECON Vii/age lots. I realize the county does not own the 4 lots yet but I cannot wait till
the acquisition Pracess is complete to begin permitting. I think it is important that FEMA sees
continuous Pragress if we need another time extension.
In the FEMA meeting we discussed the need for a modification to the praject to allow
FEMA funds to be spent stabilizing the ends of the road in the event we have to remove the
entire revetment in front ofSouth Shoal.
7- Board action to sign Change Order No.2 which is the Final Change Order on work done re
striping the runway. The engineers, contractor, and Mr. Mosteller have all signed off.
Motion by Parrish, seconded by Lockley, to approve the Chairman's signature on Change
Order No.2, which is the Final Change Order on runway re-striping; Motion carried 5-0.
Commissioner Putnal asked Mr. Mosteller if the two pieces of equipment at the rear of the
airport can be traded for services of Mr. Wilson, who would clean the debris from around the
fence and replace the fence post at the rear of the airport.
Mr. Mosteller described the equipment and said he would be willing to do this as long as the
Board is in agreement.
Motion by Putnal, seconded by Lockley, to ask Attorney Shuler and Mr. Mosteller to confer
with Mr. Wilson concerning clean-up services in exchange for the old equipment at the
airport and report back to the Board; Motion carried 5-0.
8- Inform Board that the RESTORE Act continues to move through Congress but a new wrinkle
has emerged in that now the state wants to be the recipients of some of the money intended for
the 8 impacted counties. The FAC, on behalf of the counties, is fighting the state's last minute
interference.
9- Board action on the proposed eligibility language suggested by the county's health insurance
carrier for the issue of health insurance coverage brought up at the last Board meeting:
4/03/2012
Page 10 of 16
Eligibility Requirements for Surviving Spouse/Eligible Dependent to remain on County
Health Plan:
The surviving spouse/eligible dependent was covered by the County Health Plan at time
of death of the insured member - additional dependents cannot be added.
Surviving spouse eligibility ceases when alternate coverage is available
Surviving Spouse/eligible dependent is responsible for 100% of the policy premium.
Motion by Lockley, seconded by Putnal, to approve proposed eligibility language for health
insurance coverage for County employee dependents, the surviving spouse/eligible
dependent was covered by the County Health Plan at time of death of the insured member
additional dependents cannot be added, surviving spouse eligibility ceases when alternate
coverage is available, surviving spouse/eligible dependent is responsible for 100% of the
policy premium; Motion carried 5-0.
10- SCOP update. FOOT has notified the county that the Small County Outreach Program (SCOP)
is accepting applications until May 4. Last year DOT had accepted Oak St in Lanark Village as
the county sCOP for 2014. The estimated cost of Oak st. was $1.1M for approximately 2.4 miles
of road resurfacing. The project will run from Arizona St. to Doe Lane. In November, DOT
moved the project back to FY 2015 because of downward forecasting of revenue. I called Ms.
Myra Suggs, DOT, and asked could the county request that Oak St. be moved forward to FY
2014 in this new application cycle. She advised that if the Department received more funding
they would automatically review approved projects so that there was no incentive for the
county to re-submit Oak St. Further, she explained to me that the SCOP applications they now
seeking were for FY 2015 and 2016 and that there were no additional funds to be allocated to FY
2014. The county has the ability to submit 2 SCOP projects for DOT to consider for FY 2015 and
2016. The projects in the pipeline are Bluff Road resurfacing north of Apalachicola, construction
funds for the bike path at Carrabelle Beach, and then Oak Street in Lanark. DOT is also
resurfacing a section of US 98 in Apalachicola. Board direction for two projects to be submitted
for funding in 2015 and 2016.
Chairman Jackel stated that she would like Pine Street on St. George Island submitted as a
future project.
Commissioner Parrish suggested South Bayshore Drive as a project that should be submitted.
The Board discussed this project further.
Motion by Parrish, seconded by Sanders, to approve East Pine Street and South Bayshore
Drive as the projects to be submitted for DOT funding in 2015 and 2016; Motion carried 5-0.
Mr. Pierce reminded the Board of the location of the next Board Meeting on April 17, 2012,
which is at the Estuary in Eastpoint.
4/03/2012
Page 11 of 16
Mr. Pierce stated that he is working with the Sheriffs Department on hot water and air
conditioning issues at the jail.
Chairman Jackel asked Mr. Pierce to look into the removal of cars stacked up on blocks on top
of the sidewalk across from the Texaco in Eastpoint.
T. Michael Shuler - County Attorney - Report (11:10 AM)
Attorney Shuler asked Debbie Belcher to address the Board regarding the Eastpoint Water and
Sewer project (Item 6 on his report), especially regarding the contractor completing the job and
leaving the County.
6. Eastpoint Water and Sewer
While there has been communication between myself and the district's attorney (and Alan
with George Allen), no meaningful progress has been made. The district meets again on or
about April 19, 2012. I have had no response confirming that the county is on their agenda
and my request for a special meeting has not be answered.
When Debbie Belcher notified Alan of the risk that the contractor would complete the job
and demobilize prior to the district's meeting April 19, 2012, I requested an emergency
meeting, but was informed that they could not get a quorum. Debbie is inquiring of Royal
American regarding possible demobilization of the piping crew, which they will not need
while they remain in Eastpoint to finish up the USDA pumping station portion of the project.
There is still no Letter of Credit, but I think that Mr. Cox and I are making reasonable
progress on that front. I am waiting on proposed language from Mr. Cox concerning their
counter proposal. Mr. Cox has asked that we provide a copy of the core sample taken of the
asphalt on the subject road. We are in the process of requesting that information from
Preble-Rish, and should have it Monday, April 2, 2012.
Mr. Cox's proposal appears to include the option of having a third party determine whether
the road patch has failed and whether the county can call on the LOC . However, until I see
it in writing, I cannot comment on the district's latest proposal.
Ms. Belcher stated that the Contractor will be here for another month which would give
enough time for the County to meet with the EPWS District at their next meeting on April 19
th
.
Ms. Belcher explained that Royal American is willing to work with a contractor of the County's
choice for patching repairs.
Clay Kennedy, of Preble-Rish, explained that this service would have to sub-contract this work
out because Royal American doesn't pave.
The Board and Attorney Shuler discussed "patching" and the letter of Credit issue further.
Attorney Shuler said he has discussed options with the attorney for EPWS and believes they are
making reasonable progress on this issue.
FeBOCC Regular Meeting
4/03/2012
Page 12 of 16
Commissioner Putnal expressed his preference for Royal American to use C.W. Roberts for the
road repairs.
The Board and Ms. Belcher discussed serving the four residents that have been denied hook-up
for this period of the project. Ms. Belcher said if the cuts are approved these individuals will be
hooked up but they can't be served if the cuts are not made.
Attorney Shuler and Ms. Belcher discussed the remaining time of this project, which is a month
or a little longer.
Commissioner Putnal and Ms. Belcher discussed the cut at the intersection of Otter Slide and
Avenue A.
The Board discussed the dip in the road at this intersection.
Ms. Belcher updated the Board on the Fair Housing notices she ran in the Times and said she
will be placing posters and Fair Housing brochures in the County libraries.
Attorney Shuler presented the other items in his report to the Board. (11:23 AM)
1. Capital City Bank
a. The bank withdrew its motion for emergency injunctive relief scheduled for hearing on March
28, 2012. No action was taken on the motion. I suspect that bank withdrew the motion because
DEP agreed to give the bank a 10 day grace period before DEP would counter-sign any consent
order agreed to by the county and DEP regarding removing all, or part, of the revetment. The
grace period means that the order would not go into effect until by DEP, which
further means that the county could not act to remove anything from the revetment. At least,
that is how DEP and the bank view things. I was asked by the bank to give them a 30 day grace
period and refused. I asked DEP not to grant any grace period, but they did so. To my
knowledge, DEP did not enter into any other agreements with the bank.
b. The County's motion to dismiss will be heard in Tallahassee on May 2, 2012. I agreed to this
because it was the soonest hearing date available. The soonest the motion could be heard in
Franklin County would have been at the end of July 2012. Given that our FEMA grants are
scheduled to expire November 2012, I wanted the soonest hearing date possible.
c. I request that the Board schedule a workshop for its April 17, 2012 meeting to discuss possible
removal of the entire revetment and abandonment of part of Alligotor Drive, together with any
other issue concerning the condemnation and the bank's lawsuit against Franklin County
concerning the revetment.
Board Action Requested: Permission to schedule workshop on April 17, 2012.
Motion by Lockley, seconded by Sanders, to schedule workshop following the Regular
Meeting on April 17, 2012; Motion carried 5-0.
d. The appraiser valued the property to be condemned at $420,000.00. That appraisal has been
shared with FEMA, whose initial reaction is that the value is reasonable.
4/03/2012
Page 13 of 16
e. A draft resolution for the condemnation will be provided at the meeting for your
consideration.
f April 6, 2012 is the deadline to challenge DEP's notice of violation alleging improper
construction debris has been placed in the revetment. I intend to seek a further extension from
DEP because the Board has not decided yet what action to take on the revetment. Alan ond I will
be placing an ad in the paper soliciting bids for both complete removal of the revetment or
removal of the construction debris only. Those bids are expected to be opened May 1, 2012.
2. Highway Patrol Station Property, Eastpoint, Florida
Still no response from the State.
Chairman Jackel and Attorney Shuler discussed use restrictions on the property or lease.
Attorney Shuler said he hopes the State will give the property back to the County.
3. FBD Lease
Attached is my response to the FBD lease proposed by Fly High.
A material issue has arisen concerning the length of the FBD lease. Fly High wants a fixed 15
year lease, with two automatic renewals. Fly High is willing to place a benchmark of 1.5
employees at the five year mark. I appreciate Fly High IS concerns and desire for a fixed long
term lease. However, as I understand it, the Board either wants a short term lease and
discretion to extend it or, you want a long term lease with a unqualified right to terminate.
The lease proposed by Fly High does not provide a meaningful exit from the long term lease
he proposes.
Board Action Requested: I need Board direction concerning how long you want the lease
to be and if you will accept the benchmark of 1.5 employees.
Chairman Jackel asked how many employees the current FBO employs. Mr. Mosteller stated
that it was a family operated bUSiness, which provides at least 3 positions.
Commissioner Parrish expressed his concerns of providing a long term contract.
Commissioner Parrish and Mr. Mosteller discussed the amount of funds paid by the current
FBO versus the new contract.
Mr. Pierce and the Board discussed concerns of the new FBO, such as investing money into
making improvements and then the lease being cut short.
Commissioner Parrish expressed concerns of the County not having an out clause.
The Board discussed the length of the lease further and Attorney Shuler explained the concerns
of Fly High management with conflicts in the lease agreement.
Chairman Jackel suggested having Commissioner Parrish contact the Fly High management to
discuss the terms ofthe contract further.
Chairman Parrish agreed to meet with the Fly High representative, along with Mr. Pierce, to
discuss the length of the contract but asked if the Board is satisfied with the other terms of the
contract.
FeBDCC Regular Meeting
4/03/2012
Page 14 of 16
Mr. Mosteller said the current FBO asked for a four week extension to begin the lease.
The Board discussed further and Attorney Shuler asked that he be given direction on how the
Board would like for him to negotiate with Fly High.
Commissioner Putnal and Attorney Shuler discussed the termination clauses in the contract.
Commissioner Lockley expressed concerns of Fly High not providing the agreedto service but
the County having no way ofterminating the contract.
Commissioner Parrish and Attorney Shuler discussed the renewal and termination wording of
the contract and also the cost of rent. Attorney Shuler said this requires a level of trust among
the parties.
Chairman Jackel was in favor offavorable negotiations with Fly High because she thinks they
would provide good services to the County.
Commissioner Parrish suggested proposing to Fly High a five year contract with ten year
extensions. The Board was in favor of this suggestion.
Mr. Mosteller stated that he visited the Fly High site in North Carolina and was impressed with
their facility.
4. Hanger Lease:
The lease I prepared and sent to Mr. Lawrence is attached. His proposal is attached as wel/.
The performance benchmarks are found in Article 2 and Article 5(c) for your review.
Board Action Requested: I need Board direction concerning the performance benchmarks of
this lease.
Motion by Parrish, seconded by Lockley. to table this item until the next Meeting; Motion
carried 5-0.
5. TOC Ordinance
The Ordinance adopting the TOC's two year spending plan is attached. The ordinance must
be approved by a majority vote, plus one, of the Board. This will be heard at your April 17,
2012 meeting.
Board Action Requested: None.
7. SGI Rate Increase Application
Gene Brown's company has asked for another hearing on his request to increase water rates.
He is simultaneously appealing the denial of his last request for a rate increase.
Some residents have raised concerns that Mr. Brown's request for a Praposed Agency Action
on the rate increase will exclude or limit the public or fast track the application.
My initial conclusion is that this procedural request by Mr. Brown is not a cause for concern.
Among other things, the office of public counsel is going to oppose the request, so the
public's interests will be protected by counsel from the office of public counsel.
Furthermore, once a PAA proposed order is reached, any substantially affected person my
protest it as a matter of right and invoke the right to a full evidentiary hearing, as was done in
4/03/2012
Page 15 of 16
the prior request for a rate increase. In short, by requesting the PAA, Mr. Brown may in fact
cause the process to lengthen, not contract, because he will go through two, not one,
proceeding.
Chairman Jackel stated that she would forward this information to any residents who are
concerned with this item.
8. Workshop To Consider MSBU
I request Board approval to conduct a workshop for the purpose of considering a possible MSBU
for the purpose cleaning unsafe conditians constituting a public hazard from private property
and recouping the expense thereof by speCial assessment appearing on the property owners ad
valorem tax assessment.
Commissioner Sanders discussed the problems at Lanark Village with the burnt out apartments
and would like a strong Ordinance concerning this matter. She discussed the possibility of code
enforcement in the County.
Motion by Sanders. seconded by Putnal. to authorize Attorney Shuler to move forward with
the MSBU workshop; Motion carried 5-0.
Commissioners' & Public Comments (11:59 AM)
Commissioner Putnal and Mr. Pierce discussed repairs needed on the skirts around Woodill
Road in Carrabelle.
Commissioner Parrish and Mr. Pierce discussed proposed road projects in downtown
Apalachicola. Commissioner Parrish said they need to remove old asphalt before they re-pave
those roads.
Commissioner Sanders stated that Highway 67 in Carrabelle needs that same type of project.
Chairman Jackel asked Mr. Pierce to inquire into work done by Royal American in Eastpoint.
She wanted to know if there would be a final inspection to the finish work being done.
Commissioner Sanders discussed the event held last Thursday at the Franklin Correctional
Institution in Carrabelle. She said she made sure the CI knew how much they were appreciated.
Motion by Sanders. seconded by Putnal. to send a Letter of Thanks to Warden Hosford.
Deputy Secretaries and the Secretary of Corrections; Motion carried 5-0.
Commissioner Sanders discussed the Medicaid Bill recently signed by Governor Scott and said
FAC will meet to discuss further action on this Bill.
FCBOCC Re{!ular Meeting
4/03/2012
Page 16 of 16
Commissioner Sanders discussed the last Transportation Authority meeting she attended where
there was extensive discussion of a bike trail, from Capitol City to the Sea, which might come
through Franklin County.
Chairman Jackel discussed the Patriot's Day Cajun Cookout sponsored by the Southern Builder's
Association event set for Veteran Memorial Plaza on April 28, 2012 at 12:00 PM.
Chairman Jackel wished everyone a Happy Easter.
Adjourn (12:11 PM)
There being no further business, Chairman Jackel adjourned the Meeting.
Pinki Jackel, Chairman - FCBCC
Attest:
Marcia M. Johnson, Clerk of Courts
Pamela Brownell
28 Airport Road
Apalachicola, Florida 32320
(850) 653-8977, Fax (850) 653-3643
Em3 frank@gtcom.net
Date: May 1,2012
Action Items: None
Information Items:
All members of the Emergency Management team handed out brochures and issued re-entry tags Saturday and Sunday
April 28 & 29 at the Riverfront Festival in Carrabelle, Florida
Pamela Brownell and Mike Rundel attended a Department of Transportation meeting in Chipley Monday, Apri130.
Pamela Brownell, Director, Joyce Durham, Special Needs Coordinator, and Tom Durham, Public Information Officer
for Emergency Management will be attending the Governor's Conference May 13 thru May 18 in Ft. Lauderdale.
The Emergency management team will be participating in the state hurricane exercise May 21 and 22.
Emergency Management will host a meeting for the Red Cross meeting on May 23
Emergency Management will host a Public Information Officers Meeting at the EOC office. All Public Information
officers in Franklin County plus the news media have been invited to attend.
Sincerely,
Pamela Brownell
Pamela Brownell
Franklin County Emergency Management
Director
Weems Administrative Report - 5/1/12
Financial Update
o Income Statement, Financial Summary
Diabetic Classes
o Six week series beginning May 16: classes will be held every Wednesday at lOam in Carrabelle
and Spm in Apalach. Topics include:
What is Diabetes
Nutrition for Diabetes
Physical Activity
Problem Solving (correcting lows/highs)
Reducing Risks
Coping with Diabetes
Monitoring Diabetes
Meal Substitutions

Carbohydrate Counting
Nutritious Shopping
Smoking and having diabetes
Traveling and having diabetes
**Topics of special interest to the participants of the class as well
Respectfully submitted,
Cindy Drapal
Weems Memorial Hospital
Financial Report Summary
April 26, 2012
Current Bank Balances as of April 18, 2012
1 0 era1ionsAccount $159.741.98
2) Money Market Account $108.918.97
3) Grant Account (restricted) $77 .392.81
4) Health Care Trust Fund (restricted) $531.309.11
Total Balance to Date $877,362.87
Accounts Pilyable as of April 18, 2012
0- 30 days old I I $214,616.90
31-60 days old $45,B42.31
61-90 days old $28,512.02
91 days & up $337,215.15
Total Accounts Parable $626,186.38
Accounts Receivable as of March 31, 2012
# of Davs Weems Ambulance Weems East
0 30 days old $824,705.91 $89.892.75 $54,586.18
31 - 60 days old $649,319.71 $6D.153.03 $24.228.45
61 - 90 days old $315,632.98 $51.163.36 $15,714.54 Total AIR
91 -120 days old $254,614.69 $43,142.76 $29.760.36 $7,730,195.04
121 -150 days old $244,212.79 $70,604.25 $15,603.71 Allowance for Uncollectable
151 - 180 days old $204,941.71 $262,720.73 $18,281.32 $5,276,825.35
181 + days old $449,455.17 - $ 140,584.88 Accounts Receivable Net
Totals: $2,942,882.96 $57t,676.88 $298,759.44 $2,453,369.69
Cash Collections Comparison - Feb - Mar 2012 II AIR By Category Mar 2012 (patient acc()untsl
Payor Feb 2012 Mar 2012 II (Does not count Weems East Cline or Ambulance)
Medicare I $ 230.219.47 I $ 99,561.83 II Payor # Mets Total Amounts
Medicaid I $ 68,526.80 I $ 71,890.27 IIMedicare 361 $523,484.31
Med icaid 282 $275,287.00
_ ',_ .... _... ._ ., __ ._, Blue Cross 209 $163.766.40
Commercial 634 $408,081.22
Self Pay No Insurance 1395 $1.321.590.35
Workers Comp 291 $15,260.00
Medicaid HMO 171 $6,510.00
Medicare/Self Pay 1381 $63,847.62
Medicare HMO 1171 $154,012.80
Payment Plan 131 $10,909.49
Private Pay 31 $133.17
_ _______ _______________________,ITOTAL: 1 31981
I
Census Statistics
Avg Dally Census March 2012 Avg Daily Census WMCE March 2012
Inpatient Patient Days 2.07 '--_______24 __________-'
Swing Bed Patient Days 0
Observation Patient 1.17
Average Dally Census 3.24
George E. Weems
Income Statement for Month Ending March 2012 and Year-to-Date FY 2012
Current Month Ending March 2012 Fiscal Year 2012 Yearto-Date
Operating Revenues Hospital Clinic Ambulance Total Hospital Clinic Ambulance Total
inpatient Revenue $ 184,338.00 $
- $ -
$ 184,338.00 $ 1,315,970.89 $ - $ - $ 1,315,970.89
Outpatient Revenue $ 427,879.00 $ 51,875.00 $ 147,008.80 $ 626,762.80 $ 2,462,234.00 $ 193,620.55 $ 584,839.60 $ 3,240,694.15
Emergency Dept Revenue $ 627,273.50 $
- $ - $ 627,273.50 $ 3,173,530.00 $ -
$ - $ 3,173,530.00
Total Patient Service Revenue $ 1,239,490.50 $ 51,875.00 $ 147,008.80 $ 1,438,374.30 $ 6,951,734.89 $ 193,620.55 $ 584,839.60 $ 7,730,195.04
less
Contractual Allowances $ (604,818.30) $ (31,606.32) $ 17,030.77 $ (619,393.85) $ (3,581,649.29) $ (105,082.81) $ (194,867.41) $ (3,881,599.51)
Bad Debt and Charity $ (263, 272.77) $ - $ -
$ (263,272.77) $ (1,395,325.84) $
-
$ - $ (1,395,325.84)
LIP & DSH $ -
$
-
$ - $ - $ 300,179.00 $ - $ - $ 300,179.00
Net Patient Revenue $ 371,399.43 $ 20,268.68 $ 164,039.57 $ 555,707.68 $ 2,274,938.76 $ 88,537.74 $ 389,972.19 $ 2,753,448.69
Operating Expenses Hospital Clinic Ambulance Total Hospital Clinic Ambulance Total
Salaries and Wages $ 189,849.50 $ 34,591.18 $ 52,972.37 $ 277,413.05 $ 1,312,872.10 $ 67,724.75 $ 347,465.25 $ 1,728,062.10
Employee Benefits $ 50,088.16 $ 4,775.01 $ 10,099.54 $ 64,962.71 $ 265,465.75 $ 5,538.11 $ 41,381.44 $ 312,385.30
Professional Fees $ 51,327.87 $ (16,907.33) $ 6,457.88 $ 40,878.42 $ 441,933.78 $ 92,423.63 $ 19,275.26 $ 553,632.67
Purchased Services $ 34,400.56 $ 3,998.60 $ 228.00 $ 38,627.16 $ 239,936.46 $ 11,400.37 $ 228.00 $ 251,564.83
Clinical Supplies $ 32,037.25 $ 932.76 $ 1,499.92 $ 34,469.93 $ 212,319.66 $ 5,797.49 $ 7,651.25 $ 225,768.40
Non-Clinical Supplies $ 54,700.39 $ 1,704.13 $ 98.36 $ 56,502.88 $ 166,709.91 $ 6,753.48 $ 471.07 $ 173,934.46
Repairs & Maintenance $ 11,603.88 $ 49.00 $ 6,403.80 $ 18,056.68 $ 47,612.60 $ 801.16 $ 10,914.66 $ 59,328.42
Utilities $ 13,071.93 $ 1,436.27 $ 1,186.36 $ 15,694.56 $ 74,070.03 $ 16,175.16 $ 7,745.21 $ 97,990.40
Insurance $ 7,179.48 $ - $ - $ 7,179.48 $ 75,616.26 $ -
$ 8,364.35 $ 83,980.61
I nterest Expense $ 1,365.28 $ - $ - $ 1,365.28 $ 10,633.88 $ -
$ - $ 10,633.88
Training & Development $ 800.47 $
-
$ - $ 800.47 $ 1,902.00 $ 45.00 $ - $ 1,947.00
Marketing $ 1,606.32 $ - $ - $ 1,606.32 $ 15,779.01 $ -
$ 2,064.86 $ 17,843.87
Other $ 7,532.23 $ 1,256.77 $ 5,902.81 $ 14,691.81 $ 99,204.39 $ 5,850.87 $ 31,184.28 $ 136,239.54
Depreciation $ 16,599.29 $
-
$ - $ 16,599.29 $ 150,186.93 $ - $ - $ 150,186.93
Total Operating Expenses $ 472,162.61 $ 31,836.39 $ 84,849.04 $ 588,848.04 $ 3,114,242.76 $ 212,510.02 $ 476,745.63 $ 3,803,498.41
Net Income or (loss) from Operations $ (100,763.18) $ (1l,567.72) $ 79,190.58 $ {33,140.32} $ (839,304.00) $ (123,972.28) $ (86,773.44) $ (1,050,049.72)
Non-Operating Revenues & Expenses Hospital Clinic Ambulance Total Hospital Clinic Ambulance Total
County EMS Subsidy $ - $ - $ -
$ - $ - $ - $ 252,796.00 $ 252,796.00
Weems East Clinic Subsidy $ - $ 15,000.00 $ -
$ 15,000.00 $ 30,000.00 $ - $ 30,000.00
Sales Tax Capital $ - $ - $ - $ - $ 245,149.00 $ -
$ - $ 245,149.00
Sales Tax Receipts $ 113,170.50 $ - $ - $ 113,170.50 $ 474,353.26 $ - $ - $ 474,353.26
Interest Income $ 132.07 $
-
$ - $ 132.07 $ 1,586.28 $ - $ - $ 1,586.28
Grant Income $ 8,106.00 $ - $ - $ 8,106.00 $ 8,106.00 $ - $ - $ 8,106.00
Miscellaneous Income $ 2,025.53 $ - $ - $ 2,025.53 $ 8,092.93 $ -
$ - $ 8,092.93
Total Non-Operating Revenues & Expenses $ 123,434.10 $ 15,000.00 $ - $ 138,434.10 $ 737,287.47 $ 30,000.00 $ 252,796.00 $ 1,020,083.47
Total Net Income or (loss) from Operations $ 22,670.92 $ 3,432.29 $ 79,190.58 $ 105,293.79 $ (102,017.07) $ (93,972.28) $ 166,022.56 $ (29,966.79)
Rick Scott Steven L. Harris, M.D., M.Sc.
Governor Interim State Surgeon General
April 19, 2012
The Honorable Pinki Jackel, Chairman
Franklin County Board of Commissioners
33 Market Street, Suite 203
Apalachicola, FL 32320
RE: FY 2011-12 Contract between the Franklin County Board of Commissioners and
The Department of Health for operation of Franklin County Health Department
Dear Chairman Jackel;
As specified in paragraph 4, section d of the above referenced contract, either party may
increase or decrease funds to the contract upon written notification to the other party.
Accordingly, please find enclosed the following for an increase to the Community Health
Development program:
Amended Page 2
Amended Attachment II, Part II, pages 14,15 and 19
Amended Attachment II, Part III, pages 20 and 21
Summary of Funding Revisions
This amendment is necessary to record the additional revenue of $9,032 for Public
Health Infrastructure 2011-12 and to record the additional expenditures associated with
this revenue source.
If you have any questions, please to contact me at (850) 653-2111, ext. 121.
Sincerer, (\ \. I f
V ___
.KiJ B:rnhill, Interim CHD Administrator
Franklin County Health Department
cc: Sophia Garmon
Bureau of Budget Management
Franklin County Health Department
139 12th Street Apalachicola, Florida 32320
Phone: Apalachicola (850) Fax: (850) 653-9896
Phone: Carrabelle Annex (850) Fax:
funds and shall include those services mandated on a state or federal level. Examples of
environmental health services include, but are not limited to, food hygiene, safe drinking
water supply, sewage and solid waste disposal, swimming pools, group care facilities,
migrant labor camps, toxic material control, radiological health, and occupational health.
b. "Communicable disease control services" are those services which protect the
health of the general public through the detection, control. and eradication of diseases
which are transmitted primarily by human beings. Communicable disease services shall
be supported by available federal, state, and local funds and shall include those services
mandated on a state or federal level. Such services include, but are not limited to,
epidemiology, sexually transmissible disease detection and control, HIV/AIDS,
immunization, tuberculosis control and maintenance of vital statistics.
c. "Primary care services" are acute care and preventive services that are made
available to well and sick persons who are unable to obtain such services due to lack of
income or other barriers beyond their control. These services are provided to benefit
individuals, improve the collective health of the public, and prevent and control the spread
of disease. Primary health care services are provided at home, in group settings, or in
clinics. These services shall be supported by available federal, state, and local funds and
shall include services mandated on a state or federal level. Examples of primary health
care services include, but are not limited to: first contact acute care services; chronic
disease detection and treatment; maternal and child health services; family planning;
nutrition; school health; supplemental food assistance for women, infants, and children;
home health; and dental services.
4. FUNDING. The parties further agree that funding for the CHD will be handled as
follows:
a. The funding to be provided by the parties and any other sources are set forth in Part
II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II.
i. The State's appropriated responsibility (direct contribution excluding any state fees,
Medicaid contributions or any other funds not listed on the Schedule C) as provided in
Attachment II, Part II is an amount not to exceed $ 960.474 (State
General Revenue, State Funds, Other State Funds and Federal Funds listed on the Schedule C).
The State's obligation to pay under this contract is contingent upon an annual
appropriation by the Legislature.
ii. The County's appropriated responsibility (direct contribution excluding any fees,
other cash or local contributions) as provided in Attachment II, Part II is an amount not
to exceed $ 36,190 (amount listed under the "Board of County Commissioners
Annual Appropriations section of the revenue attachment).
b. Overall expenditures will not exceed available funding or budget authority,
whichever is less, (either current year or from surplus trust funds) in any service category.
Unless requested otherwise, any surplus at the end of the term of this Agreement in the
County Health Department Trust Fund that is attributed to the CHD shall be carried
forward to the next contract period.
2
ATTACHMENT II.
FRANKLIN COUNTY HEALTH DEPARTMENT
Part II. Sources of Contributions to County Health Department
Odober 1,2011 to September JO, 2011
State CtlD
County Total CliO
Trust Fund
CliO Trust Fund Other
(cash)
(\'lIsh) CUlllribllliol1 Total
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Revision #1
ATTACHMENT II.
Part If. Sources orContributions to County Health Department
October 1.2011 to September 30, 2012
SlsteCIiD
Cuunty Toh" CIID
Trust .'und CIID Trll,t Fund Olhu
(cash)
('und (cuh) Contribution Tutul
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OOI()92 OSDS V ARI,\NCL FIX iI ()
I) II
nOI09.! I:NVIRONI\IEN ',\J.IILt\LlH "HiS
!OO n
ilO.IOO o
SO. WU
(\ ()
001092 nS[)S RFP.'\II{ PERMIT
()
o IJ
()
\l01 t70 LAB FIT CIIL!\.lIC,\L ..\NALYSIS o o () (}
001110 \VAILR ,\N,\IYSIS-I'Ori\nIE
/) ()
o
()
I)
001170 NON1'0 L\llIl: \liA I ER ANALYSIS o o
Il o
II
()
010304 :V1<,I<\ INSPECTION I-FE o o n
()
001206 Central om.:e
o
'.X(II}
\) J,SOt)
n:ES ,\S!.,ESSE[) BY S ",\flo: OR FEDER.\!. IUlLES TOTAL o
I)
.5. OTllf:l( CASII CONTIWJli no;'Ils - ST.\TF:
IJI!!J04 S'l';\1' 101\: \1{ Y potU] 1.\:-'<1' S I( IR,\(jl' I,
(J
IJ Il II
I)
Il'm(JO I UR,\W 11<()!\'!l'l'IlL!(' r II () o
I)
o fliER CASU CON nulU'l'\o:"\S TOT,\L
()
II
II
h. \'Et>IC\JD - ST.\TE/COI';-,rV
1!III056 \11'1J1(',\111 PII.\I{:'vI.\CY
,I II
nolOtt, \lllli(',\I!) III Il
o Il
II
1IIII07li \ H:Il!(\ II )\1)\11\;1\ IIU I Ill,\; (II Ii \('(1';1: 1.1511 I)
,I
\IU)[{\ II) \1 iL\1i'J I o o
\11 Ill<. ,\11)('11111) III \1.111 IIIHf-.II'
,(WI
IS 11110 !I
ill')!!lX;; 'II'PIC\!!) III 'J 1.\1.
II
II
,HI I i IX, .\IIDI< ,\i1) I ,\\111'11'1 \:,\,1>;( i
1",1
Revision #1
1 5
ATTACHMENT It
Part II. Sources of Contributions to County Healtll Department
October 1.2011 to September 30.2012
GRAND TOTAL ClID PROGRAM
StateClm
Fund

1,132,-19-t
County
CliO
.",tnd
657.1::12
Tutal CliO
Trust Fund
(cash)
1.]x9,')76
Other
Cnntributillll
2.!6,g1)j
Total
2,Olh.:nl
Revision #1
1 9
"
ATTACHMENT If.
Part Ill. Planned Staffing, Clients, Servlce,_ And Expenditures By Program Service Area Within Eac:h Level Of Service
October I, ZO II to September JO. 20n
QUJlrterly [tpeodltu", Plall
liTE', Cllentl Servletlli ht 2nd Jrll .flh Grand
(0.00)
Unit, (Whole donan only)
Stille COllnty Tlllal.
A. COM,"lt/."\IC\BU: I>ISEASE
IMMUNIZA I'ION (101) 0.66 325 1,410 11,900 9,061 <).1)61 11,()OIl 11,0-17 11.922
SID (I (2) 0.56 11-1 173 9,02] 'lJI2J 9.012 <l,(112 1.')52 \,UJ8 36,090
IIIV/,\lDS f'REVf'NTION IOj/\l) () 26 315 750 ,1,1::'9 1,128 1,129 0 16jl5 Itdl5
IIlVII\IDS SURVHLANC!: (03/\2) fl.06 953 ')52 ')53 <)'13 o UII .1.811
IIIV/,\\DS PATIEN reAR!: (OJ"3) o.O() 5 953 952 l)S] I)
l.R II 3,811
AD,'? (OJt\H 0.02 5 Jill .117 () U7(l 1,170
m CONTROL SI;IWlns (104) 0.17 10 2.6'N 1,()9<) ::'.700 2,7()() 3.000 7)98 10,798
COMM. DISEASE SURV. (106) oon o
() H o 0 o 0 o ()
I HiPATI"!'" PREVENTION (10<)) O.lU ,10 !{O f92 I'll -192 o 1,'lO6
I'UBI.lC IIEALlIlI'Rl:1' AND RFSI' (' 16)
i),OO o IJ Il () 0 () 0 () I)
VITAL STATIS lies (ISO) 0.10 o 6,J51 (d51 (d52 6,.153 16,M7 !I,SOO 15,107
COMMUNICABLE SIIIHOTAL
2.22 :OS un J(,,1I1& .13,975 .\3,\)79 .11))118 M,'i72 71,018 I ,t I ,j'lO
B. 1'lUMARV C\RE:
C!lRONIC I>ISE,\SE SI:RVICES mOl o. II o 110 6,611 0.611 6,611 6,611 23,9-14 :uoo
f( lB,\CCl I PRE VI:NTlON (212) 1.10 o o J7,OOO .17,000 l7,()()() .l7.16J 1111.16.1 () 1,/8,16]
WIC(2IWI)
n,oo I) o o o 0 o 0 o o
WIC IlREASTFI-TIJIN<i PUR COllNSH.IN(J (11 W 2) 000 o o o o () ()
o o o
F{\MILY PLANNING (223)
I:\II'ROVI:D PRE(iN,\NCY UU I( '()f,If: (125)
2.16
07t
J50
75
1.5110

11,271
U,9.H
11,275
0.<).17
I' .274
n,')J 7 'l0, In
11,27512,61\
85,625
2,1S,1
I 75.7IX
,15,fl'JX
11E,\LTlIY SL\RI' I'I,[NAT,\!, (227) 1.05 ].I 6S0 II,OJO 11.0JO 16.li02 2R!).IJ \7.751 6I>,6'}.I
CO:-'IPIWIIENSIVr: (1l1iD 111',\1 111(22<)) I 70 110 1,200 2L)!()] 11.1103 1t,803 2-1)103 '19,212 (1 ')9,212
IIEALnlY ST,\RT INI:,\NT (231) 1.10 61 l,!l) II,ISO 11,lllU 23..155 2.1..155 J!!,WU JO,Xil7 /)9.S 10
SCIIOOL IlFi\LTII (2H) 5.1.\ I) 19,500 67A59 67,159 67,15<) 67,11>0 259,671 11),16.1 269,107
COMPREIIENSIVE ADIIL[' 1I1'/\l.Ill (2.11) 2,70 !{OO ,\171 J I,Xlli "UIRI ,ll,lllli .l 127.525 n 127.525
COMMUNITY IIEALlIIIlEVLUJI'MFNT(23R) U.50 o () [(1,1 II! HU l7 I(),I ,17 1<),179 l'I.611/ \l VI.1i 19
DENT,\L flb\!.TII (210) lUlU o () () o () o (I () II
J>IUMAl{Y st'IHOTAL
176.2 255,623 11l,U'J9 7 9()X)lJO 16'UllO 1,1)78.210
C. ENVIRONMENT,\(,IIL\UII:
Water and Onsite Sewage Programs
C(),\STt\L 1\[';\(11 \IONIT()RI0i(i 017, () :::6 J,I29 () 3.12<) Ujl)
I (\II1TD 1:SF I't;BLlC W\ II:R 'iYS US7) liS \1)\ i17 .1\7 no 'lSi) .no
P\.Jlll.lc W:\I FR SYS 11',\1 U'1I)
!) U(! () l) 0 I) I! \l
I'RIV,\IF II 1)0 n o
() (J I) II o
()
1;\IlIVIDI;,\L SLW,\(ii' illSI' (l(lI I .3IJO 1.100 -13)127 lun l.un 1.1.;9 121,118:5 :i I 'i5,J II!
CrOUI) Total
J II 1,109 17.27,1 1-1,115 17 nJ 17,176 1l3,7'i 1
Facility Programs
1!l()D IIYI U,P!} Ii 15 I 12 7'll
7<),1 7'1 I 791 1,'175 .U7h
, Jill)
1/ II II I) I) () ,I
C.\RI' I',\ellil Y 1.15') 111'1 ') II
\ n(Jlt\.'J I L\I}()I{ C\ \11' (1'2) :1
I) " I' 0 'I
III ;.1'1 III l\ . lll.l JI j ';. \1 II YS \'.11,\ Ilf 1;,1,11110 I) II 'I I) II II
Revision #1 20
, '
..
.
ATTACHMENT n.
FRANKLIN.COUNTY HEALTH DEPARTMENT
Part 1Ir. Planned Stamng, Clients, Services. And Expenditures By Program Servic:ec Area Within Each Level or Service
Odober I. lOll to September JOt lOll
Quart ..... y Expendltllte 1'11111
FrE's Clients ServiceY !Nt Znd Jrd "th
Vnits
Visits
(Whole dollilt's <!Illy)
State- County
C. m:ALTIl:
Facility Programs
,\!()UIl.E 110M E ANIlI'i\RKS SlcR vln:s 051) OIJ II n 2.0M 2,064 2,061 2,005 I. hA09 11,257
SWIMMING (160) n.26 1,119 .1, 129 I,I:N 1.1,115 .UOO 16,515
lllOMEDICAL WASTE SI:RVICTS (364) 021 18 u .I,HI 1..\35 J.JJ:i 3,,\.! 5 1,1)19 IIA2f1 11. .\.19
TANNING h\l'II.1 IY SFRVIClS (W) 0.02 2 .IllS .\18 -' 1? .117 150 I.lZO 1.27()
Croup Totl1l
o 172 12.126 12,118 12.227 11,22M 11<,909
Groundwater Contamination
STORAOE TANK (55) oOil n
{) () () () {) 0 ()
o
SUPER ,\CT SERVICE (J56) 1l.1l0 o o
() o (I () (j I) o
Group full,.
noo () () \) o n {) I) {)
o
Community Hygiene
TAtTOO F,\CILITllS SERVICFS 0.110 o o !) o 0 () (I o o
COI\IMUNI rv EN VIR. IIE,\LTII (.1-15) o.no () ()
o () 0 () () () o
INJIJR Y I'REVI.'NTION (316) O.()O () () () 0 () 0 () ()
l.FAD MnNITORINU SUWIlTS (l:iO)
(Jill) o o
() () 0 o 0 o
I)
I'!JIll.1C SEWi\t;E 0(2) IUH) () ()
o
() Ij () II o o
SOLlD WASTE D1SI'OS/\L (.16.1) O.ll() f)
o o t) 0 I) () o o
SM_ITARY NU1S,\NCE (.\65) () 20 60 i20 .1,176 3.17(, 3.176 .1,176 n 12.704
r{AUIU:i SURVI'ILI."Nl'I.'JCONTROL SEHVICI'S 0(6)0,20 60 L!() ... 176 \.176 .1.176 3.176 o 12,7()-t 12.70,/
,\/movlIUJs SURVIILL\NCE (367) (iOO () (I
o () II o 0 fI
()
!{( )()ENT/,\R n IROI'OD U JNTROL OM) 0.00 o o o o () () (J ()
o
W,\ rFI{ I'Ol.LlrflON (370) (l00 Il
()
o n () o 0 Il
()
INDOOR AIR (.1 71 ) 0.00 I) {)
o n 0 o 1) () ()
R'\D!OLOOICAL IIL\LTII (.n2) 0.00
() <I n \l \l () 0 o
()
TUXIC SIJl3S'L\NCFS (l7.1) O,()O () () () () 0 () 0 o o
(;rOUI) Totlll
lUI) 110 210 (,,3)2 6,352 (')52 I),J52 () 25.10<1 25, lOX
E:'lVmONMEN'L\I. IIE.\LTH SnrrOTAL
.1--1 I 1515 1!1I \) 65,1<:'2 62,725 65.M51 b'iJl5o 1:'9.1)')1 101.193 ,2(,O.lR5
I). NON-Ot.:ltATIONAt COSTS:
7U I) I) 65,(177 83.671 IB.67 1 77,472 I)
I:NVIRONl\,IENTAI.IIL\1 I II SIJI{UL\I{(iE (399) 000 o ()
o n 0 ()
o
,'lON-OP.:RATlO,'lAL COSTS Srnn)T\L
7.U
() o IlJ.671 X.'.n?1
t)
TOTAL
\ I .lX 12.l . .lhR >3,.'191 167.')(11
Revision #1
21
'11ie Law Office sliuler, CP.}I.
}lpaCacliicoid, PCcrritfa 32320
850--653-1757
850--653-8627
P.maiE msliufer@sliuferliz:tifCcom
!M.aiO.ng ftt/ifress:
4(J..4t1i Street
Jlpaf4chicol4, If 32320
April 27, 20] 2
To: Franklin County Board of County Commissioners
From: Thomas M. Shuler; County Attorney
Re: Attorney Report for May 1,2012
Action Item
1. Fly High Apalachicola FBO
Attached is the revised lease with the 20 year term you approved at the last meeting. The
revisions to the 20 year lease that were not in the 5 year lease, in substance, are:
a. The parties will renegotiate the rent every three years. Alternatively, you could
insert a provision that the lease rate increases will be tied to a know index, such as
the wall street prime interest rate plus whatever additional percentage the board
desires.
b. It attaches the exhibit "A" of the area being leased.
c. Tenant to maintain the improvements being leased.
d. Tenant and County agree that a high level of customer service is key and in the
event ofcomplaints, the parties will meet and discuss them. A corrective plan will
be implemented, if warranted.
e. Marketing and Promotion Plan for the airport.
f. A right oftermination of the lease by Franklin County if Tenant violates any laws,
FAA rules or DOT rules that cause material harm to the airport. The Tenant is
given the right to appear and be heard on such matters prior to a decision by
Franklin County to terminate the lease.
Fly High has informed me that they will not sign the lease as amended. They are going
to send me a written reply, but told me on the phone that the changes are unexpected by him and
are too one sided and create too much risk for him. I disagree with him, but J cannot comment
on the substance of his complaints because I have not received from him any indication what it is
that he considers too one-sided and too risky.
I have advised the airport manager to immediately seek out a direct aviation fuel service
at the airport while this is sorted out.
Recommendation: I recommend that the Board accept the lease as I have proposed it as
there is nothing which is either unusual or burdensome in the 20 year lease that I prepared.
2. Eastpoint Water and Sewer
EPWS has refused to provide any letter of credit or to finish the CDBG project as approved
by Franklin County. They represent that they will hook up the minimum amount of residents
required by the CDBO grant, but that will leave out three or four families who they promised
service to. A email from their attorney is attached and is self explanatory. I find their actions
to be unlawful, but we should not allow their misbehavior to cause harm to these families who
will be deprived of the utility service promised to them.
Recommendation: I recommend that the county reach an accommodation with EPWS as to
the absolutely minimum road cuts needed to hook-up the remaining three or four families, but
do so under a reservation of rights, claims and defenses.
Informational Items
3. Medicaid Task Legal Force
The Florida Association of County Attorney's Board of Directors has invited me to be a
member ofthe Medicaid Legal Task Force formulating legal theories and strategies for
the litigation opposing HB 5301.
4. Flashy Me Boutique
A copy of the warning letter service by service of process upon Flashy Me Boutique and
Hal Tobin is attached., together with the return of service of process.
5. Capital City Bank
Attached is a copy of my letter to Capital City Bank denying their request for a standing
public record request for my and Alan's reports.
6. Water Management Services. Inc.
Attached is a copy of my letter to Gene Brown of WMS denying his request for personal
notification prior to discussion of his company's water rate increase rate case.
7. Landfill/Animal ControllParks and Recreation Department Head Job Description
A copy ofthe job description is attached. It has been reviewed, and amended, by myself
and Lucy Turner. It will be posted for 14 days, per your personnel rules.
2
SNcerely,
~ ~ . ~
Thomas M. Shuler
Franklin County Attorney
TMS/kj
Ene: as stated
3
STATE OF FLORIDA
NON-EXCLUSIVE LEASE AND OPERATING AGREEMENT
BETWEEN FRANKLIN COUNTY AND FLY HIGH APLACHICOLA, LLC
This Agreement, entered into this, the __ day of , 2012, by and between
Franklin County, a political subdivision of the state of Florida, hereinafter called
"Franklin County" and Fly High Apalachicola, LLC, hereinafter called "Fly High
Apalachicola" or "Tenant" and Karel Van Der Linden and wife, Mad-Elena Baldwin
hereinafter called "Guarantors";
WITNESSETH:
WHEREAS, Franklin County is the governing body for aviation services for the County
ofFranklin, State of Florida, and has the authority to enter into contracts for services to
be provided at Apalachicola Regional Airport, hereinafter "the Airport"; and
WHEREAS, Fly High Apalachicola, LLC desires to provide certain air and ground
services more particularly set out herein
WHEREAS, in consideration of $1 0.00 and other valuable consideration, the receipt and
sufficiency of which is acknowledged, guarantors have agreed to guarantee the
performance ofthe contract by Fly High Apalachicola; and
WHEREAS, the parties agree that this contract should be effective on the date in which it
is executed, and
WHEREAS, the parties intend that all those terms and conditions set forth in the
Apalachicola Regional Airport Lease Policy including Rules and Regulations which was
duly adopted by the Franklin County Board of County Commissioners on the 10
th
day of
March, 2008, hereinafter the ("Rules and Regulations"), are hereby incorporated by
reference and made part ofthis Operating Agreement (the "Agreement"), including any
amendments and changes to those documents made after the execution of this
Agreement.
SECTION 1 - General
1. In consideration $10.00 and other valuable consideration, the receipt and sufficiency of
which is acknowledged, Franklin County agrees to lease and Tenant agrees to accept the
lease of the property described in exhibit "A," which shows the airport layout plan consisting
ofthe FBO terminal, maintenance hangar, fuel fann, T -hangars, tie-down ramp and existing
parking lot.
a. The Tenant's right to tie down shall be strictly limited to the area
immediately in front of the fuel farm (West end of runway 24), the five T
Hangers (Buildings 6, 7, 8, 9 and 10) and the FBO Hanger (Building 2) and
only to the extent it does not interfere with the runways and taxi areas.
1
Franklin County Lease and Operating Agreement - Fly High Apalachicola
b. Franklin County will presently allow the Tenant to tie-down in the
remaining areas, to the extent that those spaces are not presently obligated
or rented to third parties. Such tie-down use shall not interfere with existing
or future tenants Franklin County reserves the right to terminate the
Tenant's use of such areas in the future without obligation to Tenant.
Tenant shall pay Franklin County ten (10) percent orthe gross rental owed
to Tenant for such areas until its use of such areas is terminated by Franklin
County.
2. Fly High Apalachicola agrees to pay Franklin County during the term of this
Agreement, and any extension thereof, the following rent ("Rent"):
a. $1,500.00 for the FBO, maintenance hanger, tie-down ramp and existing
parking lot.
b. 10% ofthe T-Hanger rental
c. 0.08 cents (8 cents) per galloon of fuel.
d. 10% of the tie-down rent for the area described in section l(b).
e. In addition to such payments, Tenant shall also pay all applicable taxes,
permits, license fees, sales and rent taxes, ad valorem taxes and assessments
lawfully due under this lease. Lessee may at its expense elect to contest any
such tax, fee or assessment.
3. Fly High Apalachicola is granted the nonexclusive privilege to provide, and agrees to provide,
the following services: (i) Sale and dispensation of aviation gasoline, fuel and oils, (ii) Aircraft
storage, (iii) Adequate and efficient ramp service, (iv) Capability to perform FAA approved
aircraft and accessory maintenance and to furnish necessary tools and equipment, and (v) full and
complete fixed based operation ("FBO") service at the airport on a full time basis. Full and
complete FBO services shall include a minimum of two of the following services:
a. Flight and ground crew
b. Aircraft charter and taxi
c. Aircraft, engine and accessory maintenance
d. Aircraft rental and sales
e. Authorized services, including, but not limited to aviation fuel and lubricants ..
4. Every three years the parties shall meet to discuss, and agree upon, changes in the rent
paid by the Tenant to Franklin County, including, but not limited to, the FBG, the T-hangers
and fuel sales. It is not the intent of the parties that the rental sums owed by the Tenant
hereunder shall remain unchanged during the term of this lease. The parties intend that the
rent shall be adjusted during the term of this lease and any renewal thereof.
SECTION 2 - Aviation Fuel and Lubricants.
1. Fly High Apalachicola will provide fueling services to tenants ofthe airport as well as
transient aircraft. Fueling of aircraft requiring 100 Low Lead aviation gasoline and Jet A fuel will
be done from refueling trucks provided by Fly High Apalachicola. Fueling of aircraft requiring
100 Low Lead aviation gasoline shall also be done via the self service pumps located at the fuel
fann. Fly High Apalachicola will be responsible for maintaining two (2) fuel trucks for fueling
operations at the airport. Both refueling trucks will be replenished from the fuel fann. The
refueling trucks will be equipped with signs identifYing Fly High Apalachicola. Fly High
2
Apalachicola shall pay to Franklin County $0.08 per gallon of fuel sales as a flowage fee to
Franklin County.
2. Fly High Apalachicola will also provide a full range of generally accepted aviation lubricants.
3. Fly High Apalachicola agrees to assist Franklin County in auditing its pump readings to
determine the amount of fuel which is sold at the Apalachicola Regional Airport. Failure to
provide information requested by Franklin County for the purposes of auditing such pump
readings within ten (10) days of such request will constitute a default under this Agreement.
4. The following additional terms and conditions shall apply to the fuel farm lease:
a) Care of Equipment - Fly High Apalachicola shall use the equipment in a
careful and proper manner and shall comply with all laws, ordinances and regulations
relating to the possession, use or maintenance ofthe equipment.
b) Operation of Equipment - Fly High Apalachicola shall provide for the
registration and licensing of any equipment wherever required, shall permit the
equipment to be operated only by qualified and competent employees, and shall ensure
thatthe equipment is not subjected to needless rough usage,
c) Alterations - Fly High Apalachicola agrees that it will make no alterations to
the equipment without obtaining prior written permission from the Airport Advisory
Committee of Franklin County. The Airport Advisory Committee of Franklin County
shall obtain pre-approval from Franklin County of all such alterations prior to responding
to the Tenants request. .All additions to and improvements to the equipment of any kind
shall immediately become the property of Franklin County and shall be made subject to
the terms of this Agreement, unless otherwise agreed in writing by Franklin County prior
to such installation by Fly High Apalachicola, LLC
d) Maintenance and Repair - Fly High Apalachicola is responsible for routine
maintenance including, but not limited to, daily quality control inspection, Mi1lipore
tests and assuring that the equipment is operating properly. Reasonable filter element
changes and repairs shall be paid by Franklin County. The tenant shall obtain the
prior written approval of Franklin County prior to changing the filter elements or
making any repairs. Any filter element changes or repairs made without such prior
written permission shall be the financial responsibility of the tenant.
5. Franklin County Right ofInspection and audit- Franklin County shall have the right at
any time to enter the premises occupied by the equipment and shall be given free access
thereto and afforded necessary facilities for the purposes ofinspection and audit of fuel sales.
Including the right to obtain from tenant, upon five days written notice therefore, all
documents, invoices and other papers reasonably necessary to audit fuel sales. The audit
itself will be conducted by Franklin County at its expense.
SECTION 3 -Maintenance
1. Fly High Apalachicola will provide the maintenance capability to maintain most General
Aviation aircraft, both single and multi-engine, according to the industry standard for fixed
based operations of similarly situated airports. The maintenance shop will be staffed with
appropriately trained and certified technicians and will be equipped with adequate tools and
documentation to meet FAA standards for aircraft maintenance. The maintenance activities
will include, but be limited to, routine servicing of tires, brakes, fuel, oil, etc., as well as
periodic and annual inspections. In addition, repair capability will be provided to allow for
3
engine changes, removal of unserviceable or damaged major components, reinstallation of
serviceable components and other repairs as permitted by the aircraft manufacturers and the
FAA. These maintenance activities will be available during normal business hours and on
request during weekends and holidays.
2. Fly High Apalachicola shall also provide the maintenance and repair of the premises and
the improvements upon the premises. excluding the paved aircraft ramp and the paved
accesses to the ramp, unless such damage to same is the result ofthe Tenant's negligence. If
the FBD building is damaged more than fifty percent of its value at the time of such event,
then the Tenant may elect not to make such repairs and this Agreement shall be terminated.
SECTION 4 - Line Service
1. Fly High Apalachicola will provide line service from 7 am to 7 pm on a daily basis. These
hours may be altered as necessary to suit the needs of the business. Both the Airport
Advisory Committee and Fly High Apalachicola must agree on any adjustment of hours. This
line service shall be provided by personnel properly trained in servicing and fueling aircraft.
The line service personnel will be responsible for moving and repositioning aircraft as
necessary to provide a smooth flow oftraffic on and near the ramp, refueling aircraft, towing
of aircraft and assisting customers to the maximum extent possible in order to develop a
satisfied and loyal customer base.
2. Fly High Apalachicola shall select and appoint a fuJI time qualified airport manager of its
operations at the airport, vested with full authority to act in the name of the Tenant.
3. Fly High Apalachicola shall provide, at its sole expense and judgment, a sufficient number
of qualified employees to provide effective and efficient services required or authorized by
this Agreement.
4. Fly High Apalachicola shaH exclusively control the conduct, demeanor and appearance of
its employees.
5. Fly High Apalachicola shall comply with all federal, state and local laws, rules and
regulations which may apply to the conduct of the business contemplated by this Agreement,
including all the rules and regulations promulgated by Franklin County.
6. Fly High Apalachicola acknowledges that nothing herein operates to prevent any person,
or their employees or independent contractors, from performing services on their own
aircraft.
7. The parties mutually agree that a high qualify of customer service is an essential term
ofthis lease. In order to track customer satisfaction, Tenant shall at all times maintain a
registration book for users of the airport. Tenant shall require that all users ofthe airport
sign the registration book. This registration book shall be maintained during the life of
this lease and shall be available to Franklin County, at no charge, within 24 hours of its
request for possession of the registration book. Franklin County shall return the
registration book to Tenant within a reasonable time upon completion of its review.
Franklin County and Tenant agree that either party may, upon submission of anyone, or
4
more, customer service complaint(s), require a joint meeting of the parties to discuss the
same for the purpose of creating a plan to correct all deficiencies in customer service, if
any. lfthe complaints by the users of the airport exceed two (2) percent of the users who
have signed the registration book during the three year period preceding review of the
registration book, Franklin County and Fly High shall meet to discuss anyone, or more,
ofthe complaints. During this meeting the parties shall discuss the complaint(s) and
enter into a plan of correction, if one is merited. Nothing in this provision shall restrict or
limit Franklin County's rights to tenninate this lease as provided herein.
SECTION 5 - Prices and Fees
Fly High Apalachicola has the authority to establish and adjust prices and fees for services in
accordance with its best business judgment in order to maximize both returns on investment
and utilization ofthe airport and benefit to the community as a whole. Such prices and fees
shall, however, be reasonable and according to accepted industry practices for similarly
situated airports, and shall be furnished on a fair, reasonable and nondiscriminatory basis to
all users of the airport. Tenant shall provide good, prompt and efficient service adequate to
meet all reasonable demand for its services at the airport. Notwithstanding anything to the
contrary herein, Tenant shall charge fair, reasonable and nondiscriminatory discounts, rebates
and other similar types of price reductions to volume purchasers.
SECTION 6 - Utilities
Fly High Apalachicola shall provide, at its sole expense, utilities for the FBO terminal,
maintenance hangar, T-hangars, signs, fuel farm parking areas and all other areas that are
included in this Agreement, including water, sewer, electrical and telephone, where
applicable. Franklin County shall have no financial responsibility for any utilities. All
utilities required to operate the area leased shall be the sole financial responsibility ofthe
Tenant.
SECTION 7 - Hangars and Tie-Downs
I. Fly High Apalachicola will be responsible for all existing T -hangars and tie-down spaces
and will collect the rent charged for the use of these spaces. Franklin County through this
Agreement hereby leases such T-hangars and tie downs to Fly High Apalachicola. Fly High
Apalachicola will collect all rents and remit 10% of the gross rent collected at the end of each
month to Franklin County. Fly High Apalachicola has the authority to establish and adjust
rental rates in accordance with its best business judgment in order to maximize both returns
on investment and utilization of the airport and benefit to the community as a whole. Such
rent shall, however, be reasonable and according to accepted industry practices for similarly
situated airports, and shall be furnished on a fair, reasonable and nondiscriminatory basis to
all users of the airport.
2. Franklin County shall have the right to obtain from tenant, upon ten days written
notice therefore, all documents, invoices and other papers reasonably necessary to audit
rent collected by tenant for the T-Hangers and tie-downs. The audit itself will be
conducted by Franklin County at its expense.
5
Franklin County Lease and Operating Agreement ~ Fly High Apalachicola
SECTION 8A - Management Plan
The management of the Apalachicola Regional Airport will be under the direction and
control of Franklin County, for the formulation and implementation of the management and
operational policies of the airport. The Airport Manager has been given the limited authority
to oversee the day to day issues involved in the operation of the fixed base operator at the
Apalachicola Regional Airport. All issues needing immediate attention should be brought to
the attention ofthe Airport Manager, who will deal with the matter, if it is within the scope of
his authority. Tenant understands and agrees that the Airport Advisory Committee and
Airport Manager have very limited authority regarding airport operations. Franklin County
reserves final authority to make all decisions concerning the management and operational
policies of the airport.
SECTION 8B - Marketing and Promotion
Fly High Apalachicola shall be responsible for actively promoting and marketing the
Apalachicola Regional Airport to attract new business for the airport, including, but not
limited to, the creation and maintenance of a website, through listings on industry
websites used by pilots and aircraft owners, through representation at NBAA (National
Business Aviation Association), and by including links to websites developed by the
Franklin County Tourist Development Council and the Apalachicola Bay Chamber of
Commerce. As requested by the Franklin County Board of County Commissioners, Fly
High Apalachicola shall be responsible for providing updates as to the marketing efforts
made since the previous request. Fly High Apalachicola shall bear the cost and expense
of routine marketing and promotion of the Apalachicola Regional Airport as set out
above.
SECTION 9 - Insurance
Fly High Apalachicola agrees to provide the following insurance coverage to Franklin
County and make Franklin County an additional insured:
1. Premises - Each occurrence limit - $1,000,000
2. Medical expense limit - each person - $3,000
3. Personal and advertising injury aggregate limit - $1,000,000
4. Fire legal liability - $50,000 (This seems too low and I am unsure what Illegal
liability meansl
5. Products - completed operations - aggregate limit - $1,000,000
6. Hangar keepers - Each aircraft - limit - $250,000
7. Hangar keepers - Each loss -limit - $500,000
8. General Liability Insurance - Each occurrence limit $300,000.00
The Tenant is encouraged to, but is not required, to obtain commercial renters insurance.
6
Franklin County Lease and Operating Agreement Fly High Apalachicola
Such insurance must be continuously maintained during the entire term of this
Agreement, with notice to be made Franklin County if the insurance coverage changes or
lapses. Failure to maintain these minimum insurance amounts during the course of this
Agreement will constitute a default under this Agreement.
SECTION 10 - Facade of Facilities and Signage
No signs shall be placed at the Apalachicola Regional Airport by Fly High Apalachicola,
its agents, employees or assigns without the prior written approval of the Airport
Advisory Committee ofthe Apalachicola Regional Airport. All proposed signage shall
be submitted in a proposal to the Airport Advisory Committee, with proposed signage to
be reviewed at its next scheduled meeting. The proposal shall include the location, type,
size and a sketch of the proposed sign. The Airport Advisory Committee shall review the
sign for appropriateness and approval of such sign shall not be unreasonably withheld.
SECTION 11- Duration of Agreement, Review and Termination
1. This lease and operating agreement shall be for an initial period of Five (5) years from
the date of execution. Ninety (90) business days prior to the end of the five year term,
the Tenant shall provide Franklin County with its written notice of intent to extend the
lease. At the end ofthe Five (5) year period, the lease will be automatically extended for
a ten year term, if the marketing agreement in Section 8B is fully implemented and if the
Tenant is then in compliance with all the other terms ofthis Agreement at that time. At
the end ofthe ten (10) year extension, a second and final five (5) year extension will be
added to this Agreement, provided that notice of the intent to extend the lease has been
delivered by the Tenant to Franklin County ninety (90) business days prior to the end of
the first ten (10) year extension and if the Tenant is fully in compliance with all the other
terms ofthis Agreement at that time. The Tenant's failure to timely deliver the notice of
intent to renew for any extension of the initial five year term of this Agreement shall give
Franklin County the right, but not the obligation, not to extend the lease.
2. The initial term of the lease, together with all extensions thereof, shall not exceed a
twenty year period of time. This provision shall take priority over any other provision of
the Agreement.
3. Upon expiration ofthe second and final extension hereof, the Tenant shall not have
the right to extend the lease any further. The lease shall automatically expire at the
conclusion of said final extension thereof, at which time the Tenant shall vacate the
premises.
4. Notwithstanding any other provisions ofthis Agreement, Franklin County shall have
the right, but not the obligation, to terminate this lease under any of the following
circumstances:
7
a. Any conduct of Tenant or anyone or more of the guarantors in violation of any
criminal statute of moral turpitude;
b. A serious or intentional violation of any law, rule, regulation, constitutional provision,
or bylaw ofthe FAA or the Florida Department of Transportation ("FDOT"), which
violation may, in the sole judgment of Franklin County, include, but not be limited to,
any serious violation which may result in its airport being disqualified for any grant(s),
closed, fined, placed on probation or its operations restricted or otherwise circumscribed
by the FAA or FDOT.
c. A serious or intentional violation of any law, rule, regulation, constitutional provision,
or bylaw of the FAA or FDOT by a member or owner of the Tenant or any other person
under the Tenant's supervision and direction which violation may, in
the sole judgment of Franklin County, reflect adversely upon Franklin County or it's
airport, including any serious violation which may result in, but is not limited to, the
airport being disqualified for any grant(s), closed, fined, placed on probation or its
operations restricted or circumscribed by the FAA or FDOT.
d. The Guarantors exclusive ownership of Fly High of Apalachicola is a material fact in
Franklin County's entry into this Agreement. If the guarantors are no longer the owners
ofthe Tenant, or if the guarantors are no longer the principal officers and operators of
Tenant, then Franklin County shall have the right, but not the obligation, to terminate this
agreement.
e. Franklin County agrees that prior to exercising its rights under Section 11(4), it shall
provide Tenant with reasonable notice and an opportunity to be heard prior to making its
decision whether to exercise this right of termination.
5. At a minimum, at least once every three (3) years from the beginning of this lease,
Franklin County will meet and review the contract and performance by Fly High
Apalachicola in fulfilling its obligations and duties under this Agreement. It is the
responsibility of Tenant to timely schedule this meeting with Franklin County. The
Tenant understands and agrees that its representations regarding its ability to both operate
the FBO at a standard of quality and service acceptable in the industry and marketing
Franklin County was a critical element in their selection as the operator ofthe Fixed
Based Operations of the airport. If Fly High Apalachicola is not meeting the expectations
of Franklin County with regard to the Agreement, then notice shall be sent to Fly High
Apalachicola of such deficiencies along with a reasonable time frame for resolving such
deficiencies. If the deficiencies are not res01ved to the satisfaction of Franklin County in
the applicable time frame, then the contract and all related leases, including any renewal
hereof, shall be terminated upon sixty (60) calendar days of Franklin County's written
notification of termination being sent to Fly High Apalachicola.
SECTION 12 - Default
1. If either party shall fail to meet its obligations under the terms ofthis Agreement or any related
lease or contract for airport management, then it shall be considered to be in default under this
Agreement.
2. If the default is a result of money owed to Franklin County, then Franklin County shalt be
required to make written demand to Fly High Apalachicola for the amount owed. If such default
8
is not cured within ten (l0) calendar days of the date such demand is sent, then Franklin County
shall have the option to terminate this Agreement and any related lease and to take legal action
for eviction, breach of contract, money owed and any other remedy in law or equity to which
Franklin County shall be entitled immediately upon the sending of a notice of termination to Fly
High Apalachicola in writing.
3. Ifthe default is a result of Fly High Apalachicola failing to meet any other condition ofthis
Agreement other than the payment of money or of the Apalachicola Regional Airport Lease
Policy including Rules and Regulations, then the Franklin County or a designated committee
of Franklin County shall meetto discuss the impact of such default. Un less Franklin County
reasonably decides that remedial action by Fly High Apalachicola would not be effective to cure
the default, then it shall designate in writing the remedial steps that must be taken and the time in
which those steps shall be taken. If such remedial steps are not taken within the time limits set,
then this Agreement and any leases referenced herein shall terminate immediately, including all
leases and agreements for services.
4. Upon the termination ofthis Agreement due to any form of default by Fly High Apalachicola,
Fly High Apalachicola shall vacate all leased premises and return such premises to Franklin
County in the same condition as it is when this Agreement is executed, reasonable wear and tear
excepted. If, following the termination of this Agreement, Fly High Apalachicola fails to pay
money it owes to Franklin County within 30 days of receipt of written notice of such amount
owed, then Fly High Apalachicola shall be required to pay to Franklin County attorney's fees in
the amount of 15% of such sums due which must be collected by an attorney.
S. Ifthe default is a result of Franklin County failing to meet conditions ofthis Agreement, then
Fly High Apalachicola shall have the right, following a reasonable notice and opportunity
to cure period, to sue for damages, rescind the Agreement, and maintain any action at law
or equity or seek other remedies or relief as may be available to it.
SECTION 13 - Indemnification: In consideration ofSlO.00 and other and valuable
consideration, the receipt and sufficiency of which are acknowledged, Fly High
Aplachicola and Guarantors provide the following Hold Harmless and
Indemnification provision:
1. Fly High Apalachicola and Guarantors shall jointly and severally indemnify and hold
Franklin County, its employees, agents, and board members individually, harmless from
all damages, loss, injury, cost, medical expense, property loss, death, and any other
expense, proximately caused by the negligence of tenants operation, acts or omissions
arising under, or reasonably related to, this lease, or from breach of this lease or any
airport regulation, including, but not limited to, reasonable attorney fees and expenses,
both at trial and on appeal.
2. Fly High Apalachicola and Guarantors is, and shall be deemed to be, an independent
contractor and operator, responsible to all third parties for their respective acts or
omissions and Franklin County shall in no way be responsible. The Tenant, not Franklin
County, shall determine the manner in the Tenant fulfills its obligations under this
Agreement.
9
3. Fly High Apalachicola and Guarantors shall be jointly responsible for any damage or
destruction to Franklin County's property arising out of the acts or omissions of Fly High
Apalachicola, its officers, agents, employees, contractors, subcontractors, licensees,
invitees or patrons. Fly High Apalachicola shall pay promptly when due all bills or
charges for construction or maintenance, as well as any other amounts due for material,
services and labor furnished in connection with them and shall indemnify Franklin
County for non-payment.
4. Fly High Apalachicola and Guarantors shall jointly and severally indemnify Franklin
County against any and all mechanics' and material men's liens or any other type of
claims or liens imposed upon the demised premises arising as a result of Fly High
Apalachicola'S conduct or inactivity.
5. Guarantors further agree to indemnify Franklin County for any and all acts performed
by Fly High Apalachicola. its officers, agents, servants or employees as provided for in
the above section.
SECTION 14. - Inspection
Franklin County reserves the right to enter upon any part of the leased premises at
any reasonable time for any purpose necessary in the exercise of its governmental
function as it relates to the public health and safety, and the general welfare of the airport
and the proper conduct of the airport.
SECTION 15 -Jurisdiction, Venue and Successors
This Agreement shall bind and inure to the heirs, executors, administrators, successors
and assigns of the parties. This Agreement is entered into in the State of Florida, and the
parties agree that this Agreement and any disputes between them shall be governed by
and construed in accordance with the laws of Florida. Venue for any and all disputes
between the parties shall exclusively be in Franklin County, Florida, notwithstanding the
diversity jurisdiction of the parties or any theory of forum non conveniens.
SECTION 16 - Records
Tenant shall provide and maintain complete, detailed and accurate records of fuel
sales derived under this Agreement for a period of five years from the date the record is
made. Franklin County shall have the right to examine and copy such records at any
time.
SECTION 17 - Severability
If any portion ofthis Agreement shall be deemed to be unenforceable by any court of
competent jurisdiction, the remaining provisions of this Agreement shall be enforceable
as though such unenforceable provision were not contained herein.
SECTION 18 - Entire Agreement
10
This Agreement contains the entire Agreement pertaining to the parties, however it is
subject to all rules and regulations which have been previously adopted by the
Apalachicola Regional Airport Lease Policy including Rules and Regulations and any
other agreements made between the parties. This Agreement may not be amended except
by a written instrument signed by both parties' duly authorized representatives.
SECTION 19- Incorporation by Reference
The terms and conditions ofthe Apalachicola Regional Airport Lease Policy including
Rules and Regulations as heretofore adopted by the Franklin County Board of County
Commissioners on the 10th day of March, 2008 are hereby incorporated by reference and
made part of this contract as if the same were set out herein verbatim. Franklin County
reserves the right to change its Rules &. Regulations and the Minimum Standards for a
Fixed Base Operator as it deems advisable and such amendments shall be incorporated
herein by reference as if fully set forth herein.
SECTION 20 - Guarantors
Karel Van Der Linden and wife Mari-Elena Baldwin have signed their names
individually to guarantee the performance of Fly High Apalachicola of all the terms and
conditions of this Agreement, and to guarantee the payment of all sums due to Franklin
County by virtue of the operation of Fly High Apalachicola as a fixed base operator at the
Apalachicola Regional Airport. Guarantors further jointly and severally guarantee
indemnification of Fly High Apalachicola as shown herein. Subject to Section 1 1 (4)(d), if
any other parties are added as partners or members/managers to Fly High Apalachicola,
then notice of such change must immediately be given to the Airport Advisory
Committee of Franklin County, and such partners or members/managers must sign as an
additional guarantor to this or any other agreements between the parties.
Section 21 - Miscellaneous:
1. The Tenant shall provide the gate access code to Franklin County EMS so that
they may have unrestricted after-hours access to the airport for the purpose of air
lifting patients on life-flight and as is otherwise medically reasonable under the
circumstances.
2. The Tenant is an independent contractor of Franklin County.
3. Tenant shall bring to or, to the extent of its ability, permit upon the airport
any substance which is hazardous or illegal.
4. No assignment or sublease of this lease, or any extension thereof, shall occur
without the prior written consent of Franklin County. Franklin County
reserves the unqualified and unrestricted right to elect to reject any request for
such assignment or sublease. If Franklin County requires modifications to be
made to this Agreement at such time, then such modifications as are
reasonable shall be made.
5. Time is of the essence herein.
11
6. Either party's election to forego, on one or more occasions, exercising any of
its rights hereunder shall not constitute a waiver of the right to enforce any
future violations of such provisions.
IN WITNESS, whereof, Franklin County has caused this Agreement to be signed by its
Chairman, and also by the Chairman ofthe Airport Advisory Committee, by resolution
dated the _ ~ day of __, 2012, and Fly High Apalachicola has caused this
Agreement to be signed by its Manager, all by authority duly given.
Franklin County Board of County Commissioners
Pinki C. Jackel, Its Chairman
Attest:
Marcia M. Johnson, Clerk of Courts
Approved as to Legal Form:
Thomas M. Shuler, County Attorney
Fly High Apalachicola, LLC
by:
Karel Van Der Linden, as Managing Member
by:
Mari-Elena Baldwin, as Managing Member
Karel VanDer Linden, Guarantor
12
- - - ~ - - - - - ~ - ~ - - - -
Mari-Elena Baldwin, Guarantor
13
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4/27112 Print
Subject: Eastpoint Road Cuts
From: Dan Cox (dhcox@gtcom.net)
To: mshuler@shu!erlawfl.com;
Cc: GKA3@FAIRPOINT.NET:
Date: Thursday, April 26. 2012 1:53 PM
M i c h a e ~
As we discussed by phone, the Eastpoint Water and Sewer District Board is not willing to provide the Letter of
Credit requested by the Cotmty with regards to the road cuts contemplated in the CDBG and USDAIRD
projects. The District currently holds permits for some ofthe necessary road cuts and will proceed with those
areas. For areas where the District does not have pennits and it is possible, the District willjack and bore those
pipes in lieu ofcutting and trenching in the right ofway.
This will result in increased costs to the District which it would be nice to avoid. It a1so means that three ofthe
approved sewer connections in the CDBG project will not be connected. It is my understanding that this will not
compromise the CDBG grant. The District is willing to obtain a two year labor and material warranty from the
contractor and assign to the County the right to enfurce that warranty fur additional cuts necessary to comect
these properties ifthe County is willing to issue permits fur the Ridge Road cuts.
Dan
Daniel H. Cox, P.A., Attorney at Law
P.O. DrawerCC
206 West 6th Street
Carrabelle, FL 32322
Telephone: 850-697-5555
Celt 239-370-0842
Facsimile: 850-697-2171
aboutblank 1/2
4/27112 Print

about:blank 2/2
rrfte Law Office oJrrftomas 5ll. Sliut"et; fP.jl.
jlpafacliicofa, p(oritla 32320
<Pficns; 850-653-1757 ~ a i t i n s Jfaaress:
Pax; 850-653-8627 40-4" Street
IEmau: msfiuf.er@sfiuferGtv.f[.com Jfpafacfiicofa, PC 32320
April 26, 2012
Flashy Me Boutique
Hal Tobin
9 Island Drive
Eastpoint, Florida 32328
By: Service of Process
Mr. Tobin:
On April 17, 2012, Franklin County discussed the conditions existing at your business at
the above property leased by you. At that premises, you are conducting the following outdoor
business activities in a commercially zoned area: (a) recycling secondhand and scrap appliances
for their ferrous and nonferrous materials, and (b) you are repairing and selling secondhand
appliances. Some of the appliances are located behind unlocked fencing of the height and type
typically seen at carnivals. Other appliances are located in an unfenced open area, some of
which have not had the doors removed. All of these activities occur within one thousand feet of
U.S. Highway 98 and are visible from there.
Section 339.241 requires that you fence the junk in your yard such that it is not visible
from U.S. Highway 98. The penalty for violation of this section is no less than $50.00 and no
more than $200 per day that the offense occurs.
Ch. 538 requires that you obtain from the Florida Department of Revenue a license to
conduct the secondhand dealer or secondary metal recycling activities on your property. The
phone number for the Department to obtain forms for this business is 850-488-8422. The
penalty for violation of this chapter is a misdemeanor of the first degree.
Section 823.07 requires that you either fence and lock all the secondhand iceboxes,
refrigerators, deep freeze lockers, clothes washers, clothes dryers ("Appliances") or that you
remove the doors from all Appliances having an internal storage capacity of 1.5 cubic feet or
more. The County questions whether the existing "carnival-type" fencing you have is a fence
within the meaning of this section. The penalty for violation of this section is punishable as a
second-degree misdemeanor, unless death or injury to a child ref>ults, in which case it is a felony.
You are herewith given thirty days to bring your property into compliance with the
following state laws: Section 339.241; Ch. 538 and Section 823.07. If you have not done so,
then County shall initiate enforcement measures seeking all available remedies available to it. If
you do so fully, then Franklin County will not seek the penalties outlined herein.
Govern yourself accordingly.
Sincerely,
~ M : J U v
Thomas M. Shulel
TMS/kj
xc: County
2
------- --------------- --------
RETURN OF SERVICE
THE LAW OFFICE OF THOMAS M. SHULER, P.A.
APALACHICOLA, FL 32320
FLASHY ME BOUTIQUE
Hal Tobin
9 Island Drive
Eastpoint, FL 32320
______________--__________________________~ I
Legal documents (Letter) received by Deborah Faircloth on ApriJ 26, 2012 at 03:00 PM
to be served upon Hal Tobin, 9 Island Drive, Eastpoint, FL 32328.
I Deborah Faircloth, swear and affinn that on April 27, 2012 at 11 :45 AM I
effectuated service of process by delivering a confonned copy of this Letter From
Thomas M. Shuler, Attorney for Franklin County Board of County Commissioners,
a manner according to State Statutes.
__~ _ Individual Service: Service was rendered on the required person listed on
the Letter.
Substitute Service: was servIce as
______ Corporate Service: Rendered on ___________ as ___
_____ Other type of ServicelNon-Service.
__--""X'- Military Status: __Yes X No Marital Status: ~ Yes No.
SUPPLEMENTAL DATA APPROPRlA TE TO THE SERVICE:
I declare that I am eighteen years of age or older and have no interest in the above legal
matter. I attest that I am legally authorized to serve court documents within the above
named jurisdiction.
DU\.LQI\o.)'\ :b:LO t:Atd:;tl..
Thomas M. Shuler Deborah Faircloth/Process Server
40 4th Street 40 Bayshore Drive
Apalachicola, FL 32320 Apalachicola, FL 32320
tzlie Law Office ojtzliomas !M.. S/iufet; CP.)l..
)l.paCacliicofa, pforitfa 32320
ce&me: 850-653-1757 !Mailing )f.dif1YlS:
I f ~ 8$0-653-8627 40-4"strut
1NIiI: ms6ultmtsli'llfllrliz'"!f(.com }tpafacliicofa, If.. 32320
April 26, 2012
Flashy Me Boutique
Hal Tobin
9 Island Drive
By: Service of Process
Mr. Tobin:
On April 17, 2012, Franklin County discussed the conditions existing at your business at
the above property leased by you. At that premises, you are conducting the following outdoor
business activities in a commercially zoned area: (a) recycling secondhand and scrap appliances
for their ferrous and nonferrous materials, and (b) you are repairing and seIling secondhand
appliances. Some of the appliances are located behind unlocked fencing of the height and type
typically seen at carnivals. Other appliances are located in an unfenced open area, some of
which have not had the doors removed. All of these activities occur within one thousand feet of
U.S. Highway 98 and are visible from there.
Section 339.241 requires that you fence the junk in your yard such that it is not visible
from u.s. Highway 98. The penalty for violation ofthis section is no less than $50.00 and no
more than $200 per day that the offense occurs.
Ch. 538 requires that you obtain from the Florida Department of Revenue a license to
conduct the secondhand dealer or secondary metal recycling activities on your property. The
phone number for the Department to obtain forms for this business is 850-488-8422. The
penalty for violation of this chapter is a misdemeanor ofthe first degree.
Section 823.07 requires that you either fence and lock all the secondhand iceboxes,
refrigerators, deep freeze lockers, clothes washers, clothes dryers ("Appliances") or that you
remove the doors from aU Appliances having an internal storage capacity of 1.5 cubic feet or
more. The County questions whether the existing fencing you have is a fence
within the meaning of this section. The penalty for violation ofthis section is pWlishable as a
second-degree misdemeanor, unless death or injury to a child in which case it is a felony.
You are herewith given thirty days to bring your property into compliance with the
following state laws: Section 339.241; Ch. 538 and Section 823.07. If you have not done so,
then County shall initiate enforcement measures seeking all available remedies available to it. If
you do so fully, then Franklin County will not seek the penalties outlined herein.
Govern yourself accordingly.
Sincerely,

Thomas M. Shulel
TMSlkj
xc: County
2
COpy
fJ1ie aw Office ofCZ1iomas!M. Sfiulet; a'.}l
.JLpafacfiicofa, pl'uritfa 32320
8S()"6S3-1757
tf'.q; 8S()"653-862"
tEmtlif
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4()-411t ,sm.t
1Ft:. 32320
Rhonda Morris, Esq.
515 North Adams Street
Tallahassee, Florida 32301-1111
April 25, 2012
Re: Your April 19. 2012 Record Request
CCB v. DEP and FCBCC
Ms. Monis:
Yesterday. I hand delivered to you Franklin County's response to the above record
request, together with an invoice. I did not submit an attorney report April 19, 2012, so that
report is not included. You also yesterday received copies in response to your subpoena duces
tecum for which are sending payment (you and Amy kept track of the copies).
Franklin County cannot honor your request that it automatically deliver to you on a
recurring basis public records which do yet exist. Your request imposes an unlawful and
unreasonable burden on Franklin County, and would set an unfavorable precedent. Furthermore,
it would be unfair to confer upon you a special benefit not enjoyed by the public at large.
Therefore. please make such future re.cords requests as you deem appropriate. If the records are
public, they will be made available to you.
r.:.A
Thomas M. Shuler
TMSlkj
xc: Commissioners
Clerk
__WATER MANAGEMENT SERVICES, INC. __
250 John Knox Rd. # 4
Tallahassee, FL 32303
(850) 668-0440 Fax (850) 577-0441
April 11,2012
Honorable Pinki Jackel
Chair
Franklin County Commission
33 Market Street, Suite 203
Apalachicola, FL 32320
Dear Ms. Jackel:
As you know, Water Management Services, Inc. filed a request with the PSC to
increase the water rates and charges on S1. George Island. If and when the Franklin County
Commission meets to discuss the issue of whether the County should take a position on this
request, I would like to be notified in advance so I can be heard at the meeting when this is
discussed. My cell number is (850)524-6200, my email isgdb5@comcast.net. or you can call
Nita on the island at 92T2648 or 524-1905.
Please feel free to call if you have any questions or if we need to discuss this issue further
at this time.
cc: Bevin Putnal
Noah Lockley, Jr.
Joseph "Smokey" Parrish
Cheryl K. Sanders
Michael Shuler
Alan Pierce
Nita Molsbee
COpy
tJ1ie Law Office ojtJ1iomas 1M. SliuCer, <P.ft.
ftpat:acliicofa, tpforilfa 32320
8JO-6.13-1757
8S0-6S3-86Z7
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April 25, 2012
Water Management Services, Inc.
250 John Knox Road, #4
Tallahassee, Florida 32303
Re: Your Aprilll, 2012 letter Address
To Chairman Jackel
Mr. Brown:
This will acknowledge receipt of your letter dated April 11, 2012 to Chairman Jackel
communicating your request to receive advance personal notice of discussions by the Board
concerning your request to the PSC for a water rate increase. Franklin County is unable to
comply with your request. I am unaware of any law requiring the delivery of such a special
advance notice to one member of the public. Furthermore, it would be unfair for you to request
and receive a special notice not made available to the public at latge. Our meetings are public
and you are welcome to attend. Thank you and please call jfyou have any questions.

Thomas M. Shuler
TMS/kj
xc: Commissioners
Clerk
1
ffiTERNALJOBANNOUNCEMENT
Position Title: Director - Department of Solid Waste & Recycling, Animal Control
And Parks and Recreation
Closing Date: May 8, 2012
Annual Salary: To Be Determined
Interested applicants should
forward resume to: Van W. Johnson, Sr., Director
Solid Waste & Recycling Department
210 State Road 65
Phone (850) 6708167
The Franklin County Board of
County Commissioners is an Equal Opportunityl
Affirmative Action/Drug Free Workplace Employer
MAJOR PURPOSE OF JOB:
Under routine direction from the Franklin County Board of County Commissioners, performs supervisory and
administrative work in directing Solid Waste activities and programs for the County, including oversight and control
over the daily operations of the Animal Control and Parks & Recreation Department's.
MAJOR JOB DUTIES:
1. Directs the operations of the Franklin County Central Landfill: prepare and manage the annual budget, ensure that
the landfill site complies with State permits and construction design; enforces State and County codes and
ordinances relating to the disposal of solid waste materials; coordinates with environmental agencies to ensure
compliance with regulations.
2. Directs and coordinates the testing and monitoring of groundwater and methane gas at the landfill.
3. Develops and administers the County's recycling program; locates recycling markets for recovered materials;
schedules recycling pick-up at County drop sites; directs the processing and preparation of recovered materials and
shipment to appropriate markets.
4. Coordinates with City Officials and other County recycling groups regarding; implementation of recycling plans
and programs; and marketing and shipment of recovered materials.
5. Directs and monitors consultants and contractors performing solid waste related work for the County.
6. Prepares bid specifications for the purchase and maintenance of Solid Waste equipment; solicits bids from outside
parties; presents recommendations to the Franklin County Board of County Commissioners for review and final
approval.
7. Directs the preparation and maintenance of all required Departmental records; prepares and submits quarterly
Waste Disposal Reports to the Department of Environmental Protection; prepares and submits the annual Solid
Waste Report and request for State recycling grants; administers approved State grants.
8. Makes periodic presentations to the Board of County Commissioners, public agencies, private groups and
individuals regarding the County's solid waste, animal control and parks and recreation activities; accomplishments
and responsibilities; designs and distributes informational materials to educate the general public on the County's
solid waste disposal requirements.
9. Develops and maintains adequate systems, procedures, and internal controls to ensure the accurate recording,
deposit and reporting offees collected at the landfill.
10. Plans and schedules all work in the Department; conducts regular inspections of work activities to ensure
compliance with instructions and to improve operating efficiency.
11. Directs the preparation, justification, monitoring, and accomplishment of the Department's annual budgets and
plans.
12. Develops and recommends, with justification to the Board of County Commissioners, new and/or changed
policies affecting the operations of the Department.
13. Direct the day to day operations of the Animal Control Department: ensure that all state and local laws
regulating animal control are properly enforced; prepare a schedule for and supervise the employees of the
animal control department, prepare and manage the annual budget.
14. Direct the day to day operations of the Parks and Recreations Department: ensure that all state and local
laws regulating the provision of parks and recreation are properly enforced, prepare a schedule for
supervise the employees of parks and recreation, maintain and repair all parks and public beaches, organize
and oversee sporting activities, prepare and manage the annual budget.
15. The Director's job is not of a routine, clerical, or ministerial nature. It requires the exercise of independent
judgment.
16. The Director regularly formulates and assists in the formulation of policies which are applicable to department
employees.
17. The Director has a significant role in personnel administration (makes effective recommendations regarding
hiring, promotion, evaluation, and discipline of subordinate employees).
18. The Director has a significant role in the preparation and administration of the budget for the department (makes
effective recommendations for items to include or exclude from the budget, and regularly participates in the
implementation of the budget adopted by the Commission)
19. If employees are represented by an employee organization, the Director will be required to participate in
collective bargaining negotiations on behalf of the employer, and assist in the preparation of and administration
of collective bargaining agreements. The Director would also represent management in any grievance
processes that are incorporated into collective bargaining agreements
*These Major Job Duties are not a complete statement of al t duties required of the job. Incumbents will be required
to perform such other related job duties as may be assigned or required
KNOWLEDGE, SKILLS AND ABILITIES:
Extensive knowledge of modern techniques and methods used in the development and operation of solid
waste programs and activities.
Considerable knowledge of federal, state, and county laws, rules, regulations, and ordinances regarding
environmental sanitation.
Ability to effectively and efficiently plan, coordinate and direct the work of the Department through
subordinate personnel.
Considerable knowledge of current literature, trends, and developments in the fields of solid waste and
environmental sanitation.
Considerable skill in the efficient and safe use of tools and equipment utilized in the operation of the
County's landfill. and the ability to instruct subordinate personnel in the efficient and safe use of these tools
and equipment.
Ability to supervise and monitor the work of outside consultants and contractors.
Ability to: prepare simple to moderately complex records; understand and follow moderately complex oral
and written instructions; and express ideas effectively, orally, and in writing.
Ability to establish and maintain effective working relationships with subordinate employees, other County
Personnel; outside consultants/contractors, public agencies and the public.
EDUCATION AND EXPERIENCE:
Graduation from an accredited High School; or, possession of an acceptable equivalency diploma; and at
least four (4) years prior experience in responsible supervisory position; or any combination of training and
experience which provides the required knowledge, skills and abilities to perform the job.
LICENSES, CERTIFICATIONS AND/OR REGISTRATIONS:
Certified: Landfill Manager, and Recycling Coordinator
Valid Class A or B Florida Commercial Drivers License (CDL)
Certified by the Florida Department of Corrections to supervise inmates for the provision of labor for
Franklin County.
PERSONAL WORK RELATIONSHIPS:
Department employees; directing, reviewing work.
Public agencies: submitting reports; coordinating compliance with regulations and condition of permits, etc.
Other County personnel: coordinating work; resolving financial matters, etc.
Area groups and communities; coordinating solid waste plans and programs.
Outside consultants and contractors and the public: monitoring work; soliciting and evaluating bids; making
presentation; etc.
MANAGING PEOPLE:
Supervises: Assistant Director of the landfill, Landfill Secretary, Equipment Operators, Prison Inmate
Recycle Supervisor, Mechanic, Animal Control Employees, Parks and Recreation Employees, and indirectly
Prison Inmates providing labor to Franklin County.
Within budgeted parameters and in conformance with approved Board of County Commissioners personnel
policies and procedures, recommends to the Board of County Commissioners personnel actions affecting all
Departmental employees in the areas of compensation, hiring, transfers, training assignments, promotions,
demotions and terminations.
ESSENTIAL PHYSICAL SKILLS AND WORK ENVIRONMENT:
Ability to: communicate using speech, vision and hearing; and sufficient dexterity, stamina and mobility to
operate a variety oftolls and equipment used at the landfil1.
Works indoors and outdoors, outdoor work is subject to excessive dirt, grime, dust, soiling of clothing,
extreme temperatures, and humidity.
Reasonable accommodation will be made for otherwise qualified individuals with a disability.

May 1 2012

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FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS

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