Dec 20 2011

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FRANKLIN COUNTY BOARD OF COUNTY COM MISSIONERS

REGULAR MEETING

CARRABELLE CITY HALL

DECEMBER 20, 2011

5:00 PM

A G E N D A

Call to Order

Prayer and Pledge

Approval of the Minutes

Payment of County Bills

REGULAR MEETING: December 6, 2011

Department Supervisor Report

Hubert Chipman — Superintendent of Public Works

Van Johnson — Solid Waste Director

Pam Brownell- Emergency Management Director

Bill Mahan — County Extension Directorarcia Johnson- Clerk of Courts Reportlan Pierce- Director of Administrative Service. Michael Shuler- County Attorney Reportublic Hearing to consider amending Ordinance 99-3ommissioners' & Public Commentsdjourn

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FRANKLIN COUNTY BOARD OF COUNTY COMM ISSIONERS

REGULAR MEETING

FRANKLIN COUNTY COURTHOUSE ANNEX

DECEMBER 6, 2011

9:00 AM

MINUTES

Commissioners: Pinki Jackel — Chairman, Bevin Putnal — Vice Chairman, Joseph Parrish, Noah

Lockley, Cheryl Sanders

Staff: Marcia Johnson — Clerk of Court, Alan Pierce — Director of Administrative Services,

Michael Shuler — County Attorney, Michael Moron — Board Secretary

Call to Order (9:02 AM)

Chairman Jackel called the Meeting to order.

Prayer and Pledge (9:03 AM)

There was a prayer followed by the Pledge of Allegiance.

Approval of the Minutes — Regular Meeting: November 15, 2011 (9:04 AM)

Motion by Lockley, seconded by Sanders, to approve the Minutes of the November 15, 2011

Regular Meeting; Motion carried 5-0.

Payment of County Bills (9:04 AM)

Motion by Sanders, seconded by Parrish, to approve payment of the County's Bills as

presented; Motion carried 5-0.

Themo Patriatis, Pastor of St. George Island Methodist Church, asked the Board to consider

assisting with the installation of a curtain around the three walls in the Chapman Building

auditorium in order to help with absorbing sound and blocking light for daytime presentations

and also for aesthetic appeal.

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Motion by Parrish, seconded by Sanders, to accept the lowest bid in the amount of $1,220 by

R.W. Thomas Construction to assist with installing the curtain in the Chapman Building

auditorium; Motion carried 5-0.

Ms. Glenda Ondracek — Introduction of new Administrator for Wilderness Coast Library

System (9:08 AM)

Ms. Ondracek, Library Director for Franklin County Public Library, introduced the new

Administrator, Pat Gilleland, for the Wilderness Coast Library System. Ms. Ondracek thanked

Cheryl Turner, the outgoing administrator, for her services.

The Board thanked Ms. Turner for all of her services and congratulated her on her retirement.

Commissioner Sanders thanked Ms. Turner for her services as she has served for quite a few

years.

Ms. Turner said that, statistically, more people are reading now than they ever have.

Department Supervisor Report

Hubert Chipman — Superintendent of Public Works (9:12 AM)

Larry Brown had no items for Board action.

Alan Pierce — Director of Administrative Service

Mr. Pierce presented this item from his report to the Board.

7- Board action to approve change in speed limit on Twin Lakes R oad. Clay Kennedy, P reble-RishEngineers, and I inspected Twin Lakes R oad, Old Ferry Dock and Avenu e A roads in response to

the Board's concern ab out an inconsistency in speed limits on those two road s. It is our

recommend ation that Twin Lakes Road, O ld Ferry Dock, and Avenue A have a posted speed limit

of 35 mph. O tter Slide wo uld stay at 25 mph be cause it has a sharp curve in it, and it also has

several road intersections. Provide Board with copy of map .

Motion by Putnal, seconded by Sanders, to accept Clay Kennedy's recommendation to post

the speed limit as 35 MPH on Twin Lakes Road, Old Ferry Dock Road and Avenue A and to

post the speed limit as 25 MPH on Otter Slide Road in Eastpoint; Motion carried 5-0.

Chairman Jackel asked Mr. Brown to meet with Mr. Pierce and her later today to discuss a

culvert on Howell Street.

The Board asked Mr. Brown to provide contact numbers to the Board, in the event of an

emergency during Christmas break.

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Motion by Sanders, seconded by Parrish, to close Patton Drive in Eastpoint for the Santa

Claus celebration; Motion carried 5-0.

Chairman Jackel asked everyone to attend the Eastpoint Christmas celebration.

Commissioner Putnal asked all of the Board members to attend the Christmas dinner at the

Senior Center in Carrabelle.

Van Johnson — Solid Waste Director (9:19 AM)

Fonda Davis had no items for Board action.

VACANT POSITIONS:

FOR BOARD INFORMATION: Due to the transfer of Tyrone Evans from the Solid Waste

Department to Parks & Recreation and the transfer of Tracy Evans to the Road Department, this

left one vacant position in Solid Waste and one in Parks & Recreation. In-house advertisementwas performed and David Wilson transferred from the Solid Waste Department to the opening

in the Parks & Recreation Department, leaving two vacant Equipment Operator Position in the

Solid Waste Department. According to Board Policy, first in-house advertisement was

conducted following a local media Job Announcement. Interviews were performed, and both

Solid Waste Positions were filled by Maurice Miller and Letha Brannan.

The Board and Mr. Davis discussed the Christmas break schedule.

Pam Brownell — Emergency Management Director (9:21 AM)

Mrs. Brownell presented her report to the Board.

Action Items: Request the Board to approve and sign the Homeland Security awards letter for

the 2011 Training and Exercise Grant for $20,000.

Motion by Sanders, seconded by Putnal, to approve and sign the Homeland Security Grant in

the amount of $20,000; Motion carried 5-0.

Information Items:

1 - On Nov. 17, 2011, Franklin County Emergency Management hosted a meeting between

Franklin's Promise, Franklin County's Faith Based organizations and the Pensacola based Be

Ready Alliance Supporting Emergencies (BRASE) to discuss building working relationships during

and after disasters.

2 - Emergency Management held a meeting with its Faith Based organizations to discuss Red

Cross training for church members to become non-tropical shelter managers and staff.

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3 - The Local Mitigation Strategy Task Force met on November 30th at 3:00pm at the EOC to

review projects and to remain eligible for Federal funding when it becomes available.

4 -The finale planning session for the water search and rescue exercise was held at the EOC on

November 30that 10:00am.

5 -Emergency Management and the Franklin County Road Department met with representatives

from the Northwest Florida Water Management District on Thursday, Dec.1, 2011 to complete

the environmental permitting process for the installation of 10 cross drains throughout the

county. This is a Hazard Mitigation project funded 75 /25 by FEMA.

Chairman Jackel asked Mrs. Brownell to update the Board on the recent Bay closure. Mrs.

Brownell stated that the reason for the closure was organic.

The Board discussed this matter further.

Bill Mahan — County Extension Director (9:25 AM)

Mr. Mahan presented these items from his report to the Board.

Franklin - OF IFAS Updates

1-University of West Florida, Innovation & Entrepreneurship Fund Grant Program — Dr. Steve

Otwell and I have been having meeting and discussions with local industry leaders about

possible submission ideas for these grant opportunities. Ideas include dredging the Eastpoint

Channel; Summer Bay Enhancement Program, and developing seafood — County Airport

connection. The University of West Florida has received $30-million from the State to administerto disproportionally affected counties impacted by the BP Oil Spill over the next 3-years. The

funds will be distributed in three consecutive $10 million annual appropriations.

The initiative comprises two grant programs: the industry Recruitment & Expansion Fund (IREF)

and the Innovation & Entrepreneurship Fund (IEF). The IREF will supplement state and local

economic incentives for medium and large enterprises locating or expanding operations in the

eight-county region. The IEF will target funds to businesses that expand or locate in the eight-

county region which are likely to serve as catalysts for growth of existing industry or

significantly affect the regional economy.

Chairman Jackel suggested a workshop to provide this information for anyone that is

interested.

Commissioner Parrish provided information regarding a program that would bring more jobs

into the County.

2-Beekeeping in the Panhandle — Our beekeeping series is going well. We have three

participants in the distance learning program. In total there are 242 people at 15 different sites

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participating in the program. Our next session is an optional field trip on Saturday, December

10th, to Chipley for a Beekeeping Trade Show. The next class is on December 12th

The Board and Mr. Pierce discussed the sea turtle program that Mr. Mahan will be involved in.

Isabell Rush — Presentation on 211 Big Bend, Inc. (9:30 AM)

Isabell Rush and Francisco Thomas, of 211 Big Bend, Inc., asked the Board for their assistance in

informing the public of all the services that the 211 Big Bend, Inc. program provides. She

mentioned the kiosks that are located in neighboring county courthouses. She asked the Board

to visit them, while in Tallahassee, for a tour of their facilities.

Mr. Thomas explained that he is a hot line crisis counselor with 211 Big Bend and he discussed

other services provided by the organization.

Ms. Rush explained that the crisis counselors listen, engage the client in conversation and then

help them make a plan.

Shannon Hartsfield — President of FCSWA — Update of Association (9:36 AM)

Shannon Hartsfield, President of FCSWA, suggested that the shelling program keeps the status

quo but would like to pull the AP license, as it is not beneficial to the seafood workers.

Mr. Hartsfield discussed the pros and cons of the AP license, DEP's budget effects on the

shelling program, and other seafood issues.

Mr. Hartsfield stated his concerns with the manner in which the Bay closure was handled by the

State and made suggestions for handling future occurrences.

The Board and Mr. Hartsfield discussed the manner in which the oystermen were notified of

the closure.Mr. Hartsfield stated that there is a possibility of either losing or gaining an hour during the

upcoming summer months.

Commissioner Putnal and Mr. Hartsfield discussed issues with the ACF Stakeholders shutting

down the water.

Chairman Jackel and Mr. Hartsfield discussed the poor attendance of the FCSWA Meetings.

Mr. Hartsfield stated that there are still issues with people docking their boats at the County

boat ramps, despite the County's Ordinances.

The Board suggested additional signage and contacting the Sheriff's Department to report

violators.

Delores Croom — Franklin County S.W.A.T (Students Working Against Tobacco) — Presentation

to the Board - Smoke Free Plan (9:52 AM)

Eleanor Mount Simmons, Chair of Franklin County Tobacco Free Partnership Coalition,

introduced the SWAT staff members, David Walker, Lt. Pam Lewis, Delores Croom and students

who were in attendance. She read from a statement and asked the Board to adopt a

Resolution to ban the sale of flavored tobacco in Franklin County.

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Pastor David Walker explained what types of flavored tobacco are referred to in the Resolution.

He said they are putting different types of fruit and chocolate flavors in chewing tobacco, dip

and roll type tobacco.

The Franklin County cheerleaders made a cheer presentation to the Board.

Adreenah Wynn, President of the Franklin County SWAT Team, asked the Board to support the

Resolution. Other members of the SWAT team provided facts regarding tobacco use.

Pastor Walker provided additional information on the role of the SWAT team in Franklin

County.

Chairman Jackel thanked and encouraged the SWAT Team for the work that they do.

The Board congratulated the SWAT Team members.

Motion by P utnal, seconded by Lockley, to adopt a Resolution to ban the sale of flavored

tobacco in Franklin County; M otion carried 5-0.

Recess (10:09 AM)

Chairman Jackel called for a recess.

Reconvene (10:29 AM)

Chairman Jackel reconvened the Meeting.

Public Hearing — Ordinance repealing local gun regulations (10:29 AM)

Attorney Shuler explained that the gun repeal Ordinance was required by the Florida

Legislature and it is mandatory. He explained that this repeal involves County Ordinance 79-1,which deals with concealed weapons and the Board policy, which prohibits the discharge of

firearms within 500 yards of rural residences. Attorney Shuler discussed this further with the

Board.

Chairman Jackel opened the floor for public comments.

There were no comments from the floor.

Motion by Putnal, seconded by Lockley, to approve the Ordinance repealing local gun laws, as

presented by A ttorney Shuler; Motion carried 5-0.

Marcia Johnson — Clerk of Courts — Report (10:33 AM)

Mrs. Johnson had no report for the Board.

Alan Pierce — Director of Administrative Service (10:33 AM)

Mr. Pierce presented his report to the Board.

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1-Update on B P and C lean Water Act fine money - Co mm issioner Parrish and I participated in a

teleconference on W ed. Dec. 1 to discuss with FAC and the 8 impacted Florida counties the

progress being made in Congress on assessing BP through the Clean W ater Act, and then having

those fines dedicated to the impacted Gu lf Coast. The summa ry is that progress is slow and

strewn with hurdles. The current version of the House bill dedicates a percentage of the moneyto the impacted counties. If the Bill is ever approved by Con gress the local governme nt will have

to create something called a RESTO RE coun cil which would make recommendations to the local

government on projects to be funded. The local government would have final authority.

The other topic discussed was the N RD A projects. At this time DE P and BP are negotiating with

no local input on what NRDA projects to approve. The first round of projects to be reviewed is

artificial reef projects. We were told on the conference call that BP and DEP are using artificial

reef projects as a way to test a formula being developed for how much environmental credit BP

will be given as each project is funded. Other projects that counties have submitted are still in

the hopper for future funding.

Commissioner Parrish said the first round of NRDA projects have been approved and the

approved projects will be announced in late December 2011 or January 2012. He said BP will

have the final authority on approval of all of these projects. He explained how the credits work

and gave more insight on the artificial reef project.

Recess (10:40 AM)

Chairman Jackel called for a recess.

Reconvene (10:41 AM)

Chairman Jackel reconvened the Meeting.

Mr. Pierce resumed his report.

2- As the Board is aw are Comm issioner Parrish has been the Board's contact on the BP issue and

coordination with the 8 impacted counties. Under the leadership of the larger counties to the

west, the Board has been presented several times with a joint Resolution supporting the

wording in the federal legislation that seeks federal fines and penalties to be sent back to the

impacted Gulf coast. Based upon status report at the last conference call, and the fact that the

counties to the west of us are asking for prompt action on the current version, Board action on

Joint Resolution requesting Federal support for legislation directing the distribution of Clean

Water fine money.

Commissioner Parrish provided additional information on this issue. He said he believes the

Board needs to move forward on signing the Joint Resolution.

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Motion by Sanders, seconded by Putnal, to authorize Chairman Jackel's signature on the Joint

Resolution requesting Federal support for Legislation directing the distribution of Clean

Water fine money; Motion carried 5-0.

3- Confirmation from Commissioner Parrish that the Board should pay the $2500 invoice from

the FAC for its share of coordinating with the 8 impacted counties. The Board approved

payment contingent upon Commissioner Parrish making sure the other counties were also

paying their share. The Board has a letter from the FAC asking for verification it will pay by Dec.

31. Board direction based upon Commissioner Parrish's recommendation.

The Board agreed with the previous decision to pay Franklin County's share of $2,500 for the

invoice to the FAC.

4- Board action to appoint two representatives to the Small County Coalition.

Motion by Parrish, seconded by Putnal, to appoint Commissioners Sanders and Lockley to

serve as representatives for the Small County Coalition; Motion carried 5-0.

5- Board action to appoint a new representative to the ARPC to replace Chairman Jackel. The

ARPC meets four times a year in Tallahassee. The next meeting is Friday, January 27, 2012.

Commissioner Sanders stated that she would attend the next meeting to represent the Board

but would like another Commissioner to serve on a more permanent basis as her schedule is

full.

Chairman Jackel stated other members on the ARPC who represent the County. The Board

discussed this further.

Motion by Parrish, seconded by Putnal, to authorize Commissioner Sanders to attend the

January 27, 2012 ARPC Meeting; Motion carried 5-0.

6- Inform the Board that the State Energy Office has finally approved the county's bid package

for the solar panels on the Courthouse Annex, and the window replacement/repair in the

Courthouse. The bids are currently being advertised and will be opened at the Jan. 3 Board

meeting. Mark Curenton is handling this project as there are numerous federal requirements

that must be met.

7- Board action to approve change in speed limit on Twin Lakes Road. Clay Kennedy, Preble-Rish

Engineers, and I inspected Twin Lakes Road, Old Ferry Dock and Avenue A roads in response to

the Board's concern about an inconsistency in speed limits on those two roads. It is our

recommendation that Twin Lakes Road, Old Ferry Dock, and Avenue A have a posted speed limit

of 35 mph. Otter Slide would stay at 25 mph because it has a sharp curve in it, and it also has

several road intersections. Provide Board with copy of map.

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This item was discussed earlier in the Meeting.

8- Board action on requested road cuts by Eastpoint Sewer and Water District. As the Board is

aware the District has been slowly moving through a system upgrade funded by both a CDBG

grant and a Rural Development grant/loan. At the August 18th, 2009 Board meeting, County

Engineer Dan Rothwell recommended the Board allow the District to cut Avenue A at 4th St, and

at the Otter Slide intersection to allow the installation of new pipes. The Board granted the road

cut and provided the District with specifications on how it is to be repaired.

Sometime around November 16, 2011, the District started to cut Ridge Road in 10 places

as part of this same system upgrade. The Board had not granted any road cuts to Ridge Road.

In a series of meetings with the County Attorney, the District Attorney, myself, and other District

representatives, the District has agreed to apply for a utility permit for the 10 road cuts on Ridge

Road, 1 road cut on Wilderness Road, and 2 road cuts on David Street to service the new

vacuum station. I have visited the site, consulted with Clay Kennedy, and Clay Kennedy has

consulted with the District's contractor, Royal American. Clay Kennedy agrees that at this point

in the project the only feasible thing to do is allow the road cuts. Clay Kennedy has provided me

with a drawing that meets state standards for road cuts and I have provided that to the District.

If the Board agrees to the road cuts the cuts will be repaired in the manner required by Preble-

Rish. The County Attorney and the District Attorney have discussed what additional safeguards

are in place in the event the road cuts do not hold up. According to George Allen, Eastpoint

representative, the contractor, Royal American, will be on the job for another year and so if the

cuts do not Royal American will be required to fix them again. Board action.

The Board, Mr. Pierce, Attorney Shuler, and Clay Kennedy, of Preble-Rish, discussed these cuts

and how it affects the quality of the road. Mr. Kennedy explained what standards Preble-Rish

has in place to try and insure that the road is built back to the quality it was before it was cut.Chairman Jackel stated that Debbie Belcher had confirmed that the EPWS has no funding to

repave the roads after the cut.

Commissioner Sanders stated that if EPWS doesn't have the funds for a letter of credit they

shouldn't be allowed to cut the roads.

Attorney Shuler stated the procedure that should be used to grant the permit, which would

require a bond or a letter of credit.

Chairman Jackel suggested that a letter of credit be required before a permit is granted.

Commissioner Lockley and Attorney Shuler discussed any liability to the County regarding

damage to vehicles due to cuts to these roads.

The Board, Attorney Shuler and Mr. Kennedy discussed this matter further.

Commissioner Parrish suggested that something be put in place to address this type of

situation, unauthorized cutting of roads, that might occur in the future.

George Allen, of EPWS, explained that there were three permits requested for Board action. He

discussed this matter further and asked the Board to clarify what type of letter of credit is

required.

Attorney Shuler stated that he will confer with the EPWS attorney on the requirements of the

letter of credit or bond.

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The Board and Mr. Allen discussed the details of this issue.

Motion by Sanders, seconded by Lockley, to authorize all three permits, along with the

submission of a bond or a letter of credit and that road is repaired to the condition it was in,

prior to cuts, according to statutory standards; Motion carried 5-0.

9- Airport Update. Mr. Bruce McCormack, ARTIC Company-which stands for Apalach Regional

Training Complex, has submitted a draft lease for the new hanger at the airport. He is seeking

Board action for a lease to be signed by Dec. 15th . I have advised him that he is operating on a

very short window. I have asked Mr. McCormack to be here to discuss his proposal.

The problem is that the building Mr. McCormack would like to lease was part of the RFP that

the Airport Advisory Committee is reviewing for next FBO. Mr. McCormack did not respond to

the RFP so the Airport Committee has not received a proposal from Mr. McCormack to review.

Mr. Pierce explained that he told Mr. Naggiar, of ARTIC, that instead of them leasing a hangar,

the County could give them a lease for land at the airport and they could have a building built

to their specifications.

Mr. Ed Naggiar, Director of ARTIC, explained what his company would like to do and stated that

he did speak to Mr. Pierce during the break and agreed with Mr. Pierce's recommendation of

leasing land at the airport and building their own facility.

The Board and Mr. Naggiar discussed the possibility of an interim agreement.

Commissioner Parrish stated some of his concerns with this agreement, due to local residents

not meeting the qualifications for job descriptions, and the possibility of having to re-bid the

hangar and FBO uses.

Mr. Naggiar discussed job opportunities associated with ARTIC, such as range technicians. He

said these jobs would mainly be in the woods and not in an office setting.Commissioner Sanders asked Mr. Naggiar to be cautious about military type training and the

effect it has on County residents.

Commissioner Lockley and Mr. Naggiar discussed funding and training for these potential jobs,

including a local preference for available positions.

Motion by Sanders, seconded by Lockley, to direct Attorney Shuler, Mr. Pierce and the

Airport committee to confer with ARTIC to consider an interim agreement and report back to

the Board with a plan; Motion carried 5-0.

10- Board action on items tabled from last meeting:

A) Tabled a request for a Single Family Private dock at 1301 US Hwy 98. The Board

tabled the item for further discussion about public access to the water in that area. I have

visited the site and have an additional concern. While the site plan presented indicates there is

some 16 feet of private land that the dock would attach to it is my observation that the private

land has eroded and the dock would attach to the DOT right of way. A current survey needs to

be provided or some indication that DOT is consenting to a dock connecting to their ROW.

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Dan Garlick withdrew Item A for consideration.

Attorney Shuler provided some information on this item and suggested a new survey if this

item is ever considered by the Board.

B)Tabled a request for a Single Family Private dock at 578 River Road, Carrabelle,

contingent upon Commissioner Putnal concurring that the dock would not obstruct navigation.

Commissioner Putnal commented on this item and said he requested that a PVC pipe is put

near the location to mark the edge of the shoal in the area.

Motion by Putna l, second ed by Parrish, to approve a single family private dock at 578 River

Road in Carrabelle; Motion carried 5-0.

C) Tabled a request for a Multi-Family Dock at Grace Bay Subdivision, St. George Island,

pending a review by the County Attorney.

Attorney Shuler stated that he reviewed this request and recommended approval.

Chairman Jackel agreed with Attorney Shuler's recommendation.

Motion by San ders, seconded by Putnal, to approve a multi-family dock at Grace Bay

Subdivision on St. George Island; Mo tion carried 5-0.

D)Tabled a variance request for an On-site Sewage Disposal for the address of 2606 W

Hwy 98 Carrabelle. The current owner is Mr. Zurawaka.

Attorney Shuler stated that he reviewed this request and recommended approval.

Motion by S anders, seconded by P utnal, to approve request for an on-site sewage disposal at

2606 W. Hw y 98, Carrabelle; Motion carried 5-0.

11- Community Health Survey update. The second meeting of the Community Health Survey

was held in Apalachicola on Dec. 1. The consultants presented their findings and I provided a

copy for the Board file.

Chairman Jackel asked Staff to send a letter to NACO thanking them for their efforts in the

County.

Chairman Jackel also discussed the meetings that were held to discuss the surveys. She said the

Board received some valuable tools of information regarding what needs to be done in terms of

a future plan for taking care of the health needs of the citizens of Franklin County.

12- Hosp. Update. On Friday, Dec. 2, I received a letter of resignation from Ms. Gayle Dodds

from her position as an at-large appointment to the Hosp. Board effective immediately. An at-

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large seat means the appointment can be from anywhere in the county. While the Hospital by-

laws call for the Hospital Board to make a recommendation to the county commission on

appointments, to my knowledge there is not a list of interested people wanting to serve. The

commission may choose to advertise in order to create such a list. Mr. Paul Marxsen's seat, an

appointment from Commissioner Sanders, expired in November. Commissioner Sanders says

she intends to replace Mr. Marxsen with a new appointment. The next Hosp. Board meeting is

not until Jan. 5.

The Board discussed this matter and agreed to give the Hospital Board an opportunity to

present some names to the BOCC for new appointments.

Chairman Jackel stated some financial items discussed at the last Hospital Board Meeting,

which she attended. She thought that the BOCC needed to look at ways to help the Hospital

get more current on payment for some of the vendors and believes the Board needs to pay

closer attention to the finances of the hospital operation.

The Board discussed these items further.

Commissioner Putnal commended Ms. Cindy Drapel on her efforts as the interim CEO and

discussed some of the problems facing the Hospital.

Chairman Jackel agreed that the hospital is doing a good job and other businesses in the County

should promote the Hospital.

Commissioner Sanders said the County's partnership with TMH is vital in their role of support

for the Hospital. She said she is quite pleased with how things are going at the Hospital right

now.

Commissioner Lockley stated that he would like to have TMH provide a better billing system for

the Hospital.

13- Inform Board that Ms. Kim Bodine, Gulf Coast Workforce Board Executive Director, will becontacting each commissioner to discuss proposals by the legislature that will change the

function and structure of all Workforce Boards.

14- Inform Board that it has received notice from the Public Service Commission that Water

Management Services is seeking a water rate increase for St. George Island.

15- County Coordinator job description, advertising, and salary range.

Mr. Pierce distributed a job description for the Board's review.

Commissioner Sanders and Mr. Pierce discussed the need for applicants to have experience

with planning and zoning requirements.

Commissioner Putnal was not in favor of labeling the job description as a County Manager

position, which would allow them to make decisions for the Board.

The Board discussed some of the duties listed and preferred having a Commissioner represent

them at the Hospital Board meetings instead of the County Coordinator and asked that this

portion be removed from the job description. They would like to add additional duties, as

assigned by the BOCC, to the job description.

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Commissioner Sanders stated that she would like to add strong financial experience to the job

description.

The Board agreed to keep the job title as a County Coordinator and to require a four year

degree or equivalent experience as stated.

The Board agreed to add building management as a job description and also agreed to a salary

range of $40,000 to $50,000.

Commissioner Parrish suggested that experience in dealing with the general public and

representing the Board is an important item.

Motion by Sanders, seconded by Putnal, to accept the County Coordinator job description as

amended, with a salary range of $40,000 to $50,000 and advertise immediately in local

newspapers with an end date of December 30, 2011, which will be opened at the January 3,

2012 Meeting; Motion carried 3-1, Lockley opposed, Parrish absent.

Commissioner Sanders asked Mr. Pierce to look at the Right of Way on several of the streets in

Lanark Village and find a solution for possible boat ramp expansion.

Commissioner Sanders informed Mr. Pierce that Gulf Shore Blvd. in Alligator Point needs repairs

but stated that she doesn't want rocks used at that location.

Commissioner Sanders discussed a letter from Alligator Point Water District regarding the

expansion of the water district and asked Mr. Pierce to respond to that letter.

Mr. Pierce stated that he needs Board action for Preble-Rish to do engineering on the St.

George Island and Abercrombie Boat Ramps; Motion carried 5-0. (This item was discussed after

Attorney Shuler's report during the Meeting)

Motion by Sanders, seconded by Parrish, to approve Chairman Jukes signature on a

contract for agreement to have Preble-Rish do the design engineering for St. George Island

and Abercrombie Boat Ramps; Motion carried 5-0.

T. Michael Shuler- County Attorney Report (12:20 PM)

Attorney Shuler presented his report to the Board.

Attorney Shuler provided the Board with a copy of the Hold Harmless Agreement from Progress

Energy for the Indian Creek Park.

Attorney Shuler also asked for Board action to renew the Eastpoint Library lease.

Chairman Jackel expressed concerns regarding the completion of the new facility and the

possible need to terminate this lease.

Attorney Shuler stated that he would word the early termination clause in the lease agreement.

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Motion by Putnal, seconded by Sanders, to approve renewal of the Eastpoint Library lease

with an early termination clause; Motion carried 5-0.

Action Item

1.Ordinance Rescinding All Local Ordinances, Regulations and Policies

Concerning Firearms and Ammunition

My memorandum on the subject matter and the proposed ordinance are attached for your

review.

As set forth in detail in my memorandum, the Florida Legislature has enacted a law which

removes local authority to regulate firearms and ammunition. This law also imposes severe

penalties to local elected officials for enacting 9r enforcing local laws regulating firearms or

ammunition. Many other local governments have also rescinded their local laws on the subject

because of this new law.

Henceforth, the Legislature alone will regulate firearms and ammunition.

Board Action Requested: Motion adopting the ordinance.

This item was discussed earlier in the Meeting.

2.Proposed Joint Resolution Requesting That the Department of Health Consider

Re-hiring Dr. Charbonneau.

A proposed joint resolution with Calhoun County is attached for your consideration. The

proposed resolution speaks for itself.

Board Action Requested: Motion approving the proposed joint resolution.

Attorney Shuler presented a copy of an updated Joint Resolution between Franklin, Calhoun

and Liberty Counties. He discussed the desire to have Dr. Charbonneau reappointed to theposition that he held in each of the three counties.

Commissioners Putnal and Lockley would prefer having additional information on this matter

before moving forward.

Motion by Sanders, seconded by Putnal, to approve proposed tri-county Joint Resolution

requesting that the Dept. of Health consider re-hiring Dr. Charbonneau, contingent upon

Attorney Shuler's review and approval of Resolution; 4-1, Lockley opposed.

3.Carson-Adkins $916.00 Invoice:

Carson and Adkins is the law-firm which represents you on labor law related issues.

Attached are invoices for services which they provided to the hospital in the amount of $916.00.

The invoices have gone unpaid for several months and I have told them that I would present it to

you for consideration for payment from your professional services budget.

Board Action Requested: Motion to approve payment of the invoice from Carson and Adkins in

the amount of$916.00.

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12/06/2011

Page 15 of 16

Non-Action Items

4.Eastpoint Water and Sewer District - Proposed Amendment to Franchise

Attached is a Notice of Intent to consider an ordinance at your December 20, 2011 meeting

whether to amend their authority to excavate and make cuts into paved county roads.

5. Carrabelle Health Department:

I still have not received any reply to the letters I sent to Dr. Farmer.

6.Daly House

I am informed that that the Franklin County Land Trust voted November 30, 2011 to accept the

Daly House for affordable housing. A copy of their December I, 2011 letter is attached.

7.Capital City Bank - South Shoals Appraisal

Capital City Bank delivered their appraisal last week. It shows a value of $280,000.00 for the

value of the land taken for the roadway. This value includes damages to the remainder of the

subdivision not taken. The appraisal has been reviewed by our FEMA consultant, who indicates

we should submit the appraisal to FEMA for reimbursement.

8. Apalachicola Times

The contract with the newspaper expired November 30, 2011. I am in the process of negotiating

a renewal with them and will bring this back to you once the negotiations are complete. While I

believe we are entitled to one additional year at the current rate of $1.00 per square inch, I

would like to try and negotiate a longer term contract.

These negotiations continue. I am trying to get them to agree to a three year contract at a rate

of $1.60 per square inch, with two annual renewals with a price increase of between three and

five percent each year.

9.2010 Census and Reapportionment

A copy of the 2010 census information is attached. You are required to consider whether to

reapportion the five commissioner districts based on the 2010 census. I will bring this up for your

consideration at your December 20, 2011 meeting.

Supplement to Attorney Report

1. George E. Weems Hospital

a. Davie Lloyd: Attached is a letter from attorney Barbara Sanders to TMH.

Ms. Sanders represents Ms. Lloyd and seeks to negotiate certain portions of the TMH separation

agreement with Ms. Lloyd. Ms. Sanders' letter speaks for itself, though the gist of the letter is

that Ms. Lloyd seeks one-year severance pay. Also attached is the draft response from TMH to

Ms. Sanders. Although stated in greater detail in their letter, TMH has denied all of Ms. Sanders'

requests.

No Board action is requested.

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12/06/2011

Page 16 of 16

b. Carson and A dkins: Action item three on m y report has becom e moot. I have been informed

that Weems will pay the invoice this week.

No Board action is requested.

2. Reapportionment: Attached is a copy of the 2003 resolution adopted by the Board when it

reapportioned the commissioner districts following the corrected 2000 census. A similar

resolution will be considered at your next board meeting.

No Boa rd action is requested.

Attorney Shuler stated that he received, but couldn't confirm, information that the Health

Department director has asked the WIC program to vacate the Apalachicola Health Department

building and would research this matter further.

The Board asked that he inform them as soon as he gets more information concerning this

matter.

Commissioners' & Public Comments (12:32 PM)

Commissioner Sanders stated that she will be attending the canvassing board meeting in

Orlando with Attorney Shuler.

The Board members wished the community a Merry Christmas and a Happy New Year.

Chairman Jackel asked that the December 20, 2011 FCBCC Board Meeting be moved to

Carrabelle beginning at 5:00 PM at the Carrabelle City Complex.

Attorney Shuler stated that he might have to reschedule the public hearing for the ordinance to

the January Meeting because of the location change.

Adjourn (12:35 PM)

There being no further business, Chairman Jackel adjourned the Meeting.

Pinki C. Jackel, Chairman — FCBCC

Attest:

Marcia M. Johnson, Clerk of Courts

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FRANKLIN COUNTY DEPARTMENT OFSolid Waste & Recycling y Animal Control • Parks & Recreation

210 State Road 65

Eastpoint, Florida 32328

Tel.: 850-670-8167

Fax: 850-670-5716

Email: [email protected]

The Franklin County Board of County Commissioners

December 20, 2011

9:00 A.M.

12 FRANKLIN COUNTY DIXIE SOFTBALL STATE TOURNAMENT:

REQUESTED ACTION: Boa

proval for Parks & Recreation Department to bid on hosting the 2012 Sta

8/3/2019 Dec 20 2011


EMERGENCY MANAGEMENT

28 Airport RoadApalachicola, Florida 32320

(850) 653-8977, Fax (850) 653-3643

[email protected]

Report to Board of County Commissioners

None

1. Mike Rundel and I attended the North Florida Regional Domestic Security Task Force Meetings on December

13th in Tallahassee.

2. December 19t h the State EOC Director Bryan Koon visited the Franklin County EOC on his way back from B

and Gulf county EOC' s.

3. The Emergency Management is in the final stages of finishing the county's disaster housing plan with the help

of the disaster housing task force.

4. Emergency M anagement, working in conjunction w ith the Franklin County U nited Firefighters A ssociation,

will be offering a 2 day Emergency Vehicle Operations Course in January to county firefighters and emergenc

medical personnel. We are looking to certify a minimum of 20 people. This certification is required by

insurance companies for any one driving an emergency vehicle.

5. Mike Rundel and I will attend the Region 2 meeting in Columbia County on December 21, 2011 at 10:00 am.

8/3/2019 Dec 20 2011


U FUNIVERSITY o f

F L O R I D AIFAS Extension

Franklin County

Franklin UF/IFAS Extension

66 4th Street

Apalachicola, FL 323 20-1755

850-653-9337

[email protected]

14 December 2011

M E M O R A N D U M

T O :he Franklin County Board of County Commissioners

F R O M :i ll Mahan, Franklin/U F - IF AS Extension Director Bill

S U B JE C T : 20 Dec emb er 2011, B C C E x t en s ion U p d ate R ep ort

Franklin - UF IFAS Updates

1.Deepwater Horizon Natural Resource Trustees Call for Public Input on Early Restoration of the Gulf - Sixty-day public comment period for Draft Phase 1 Early Restoration Plan — The Deepwater Horizon Natural

Resource Damage Assessment (NRDA) Trustees (Trustees) today released the Deepwater Horizon Draft Phase

I Early Restoration Plan & Environmental Assessment (DERP/EA) for formal public comment. It is the first in an

anticipated series of plans to begin restoration of the Gulf of Mexico to compensate for natural resource

injuries, including the loss of human use of Gulf resources, from the Deepwater Horizon Oil Spill.

The DERP/EA describes the initial projects proposed to receive funding from the $1 billion Early Restoration

agreement announced by the Trustees and BP on April 21, 2011, called the Framework Agreement. The

Trustees will hold 12 public meetings in January and February 2012 throughout Gulf Coast communities and in

Washington, D.C. to solicit formal public comment on the DERP/EA.

The DERP/EA describes eight proposed projects for the initial round of Early Restoration, two each in

Alabama, Florida, Louisiana and Mississippi. These projects reflect the ideas and input received by the

Trustees through project solicitation and outreach efforts. The proposed projects include shoreline marsh

creation, coastal dune habitat restoration, nearshore artificial reef creation, oyster cultch restoration and

construction of boat ramp facilities. The total estimated cost of the proposed initial suite of projects is more

than $57 million. The projects in the Florida Deepwater Horizon DERP/EA are: • Florida Boat Ramp

Enhancement and Construction - Escambia County, Florida; four boat ramp facilities; benefitting human use in

Escambia County, Florida; estimated cost: $4,406,309. & • Florida (Pensacola Beach) Dune Restoration -

Escambia County, Florida; 20 acres of coastal dune habitat; benefitting coastal dune habitat in Escambia

County, Florida; estimated cost: $585,898.

Visit www.gulfspillrestoration.noaa.gov to view the DERP/EA, access public meeting details, and view

additional details of the proposed Early Restoration projects and ways to submit public comment. The public

comment period will end Feb. 14, 2012.

2. University of W est Florida, Innovation & Entrepreneurship Fund G rant Program — The University of West

Florida has received $30-million from the State to administer to disproportionally affected counties impacted

by the BP Oil Spill over the next 3-years. The funds will be distributed in three consecutive $10 million annual

appropriations.

The initiative comprises two grant programs: the Industry Recruitment & Expansion Fund (IREF) and the

Innovation & Entrepreneurship Fund (IEF). The IREF will supplement state and local economic incentives for

medium and large enterprises locating or expanding operations in the eight-county region. The IEF will target

The Foundation for The G ator Nation

An Equal Opportunity Institution

8/3/2019 Dec 20 2011


funds to businesses that expand or locate in the eight-county region which are likely to serve as catalysts for

growth of existing industry or significantly affect the regional economy.

SELECTION CRITERIA

In making grant awards, the following factors will be considered:

A.Ability of project to promote and support research and development, commercialization of research,

economic diversification, and job creation within one or more Disproportionally Affected County.

B.Economic significance of the expected outcomes from activities to one or more Disproportionally Affected

County.

C.The cumulative amount of investment to be dedicated to the project within a specified period in a

Disproportionally Affected County.

D. Number of net new, private sector, full-time equivalent jobs created. Alternatively, this criterion may be

satisfied by estimating commercialization potential of proposed research and development activities.

E.Sustainability (i.e., permanence) of net new, private sector, full-time equivalent jobs created.

F.Return on investment.

3. Living in the Panhandle Live Field Trips 2112 — Attached, please find a flier announcing the dates of a new

program being sponsored by the NW Extension District Natural Resource Program Implementation Team. The

program comprises of a series of day-long educational field trips to see first-hand many of the outstanding

natural resource areas we have in the FL Panhandle. The tour has several stops in our immediate area and

includes a stop in Tate's Hell Forest on October 11, to view wildflowers. The first is on January 18 — Leon Sinks.4. Beekeeping in the Panhandle — Our beekeeping classes are half-way done and we are on a break until next

year. Last week we went to Chipley for the Beekeeping Trade Show. Over 220 people attended. We are

already having discussions about planning an annual Beekeeping Trade Show for the Panhandle. The next

class is on January 09th 2012, Jan 9 - Honey Plants & Pollination.

5. The Great Goliath Grouper Count —The Goliath Grouper population in Florida has been making the news. For

the past two-years there has been a joint FL Sea Grant, FWC program in SW FL to have teams of volunteers to

go out on a specific day and document the location of Goliath Groupers on artificial reefs. This year they

would like to begin expanding the survey area and Franklin County has been asked to join in the 2012 Great

Goliath Grouper Count. I am currently working with my Advisory Committee members to identify people who

are interested in being trained and participate in the count.

FL Fish & Wildli fe Commission (FWC)

6. Holiday Celebrations Minus Balloon Release s Best for Flor ida Wildl ife - As people gather together for

occasions that make the holidays bright, remember that releasing balloons may be harmful to wildlife.

The FWC wants event and meeting organizers and other Floridians to be aware of a law prohibiting the

release of more than nine lighter-than-air balloons within a 24-hour period.

Instead of releasing balloons this holiday season, the FWC suggests groups use more environmentally friendly

ways to celebrate events such as New Year's Eve and football bowl games.

The release into the atmosphere of large numbers of balloons inflated with lighter-than-air gases poses a

danger and nuisance to the environment, particularly to wildlife and marine animals. Balloons released in

Florida almost inevitably end up in the Gulf of Mexico, Atlantic Ocean or other water bodies. Wildlife,

especially sea turtles, mistake balloons for food, and strings attached to balloons can entangle birds and other

animals.

7. Next FWC Meeting — Is February 8 & 9, 2112 in Tallahassee.

Gulf of Mexico Fishery Management Council (GMFMC)

8. The Next GMFMC Meet ing — The next GMFMC Meeting is scheduled for January 30 - February 3, 2012 at the

Renaissance Mobile Riverview Plaza Hotel, 64 S. Water Street, Mobile, AL 36602.

Have a Very M erry Christmas and a Safe & H appy New Year!

8/3/2019 Dec 20 2011


Deepwater Horizon Natural Resource Damage Assessment

Deepwater Horizon Natural Resource Trustees

Call for Public Input on Early Restoration of the Gulf

Sixty-day pub lic comm ent period for Draft Phase I Early R estoration Plan

For Imm ediate Release: Dec. 14, 2011

The Deepwater Horizon Natural Resource Dam age A ssessment (NRD A) Trustees (Trustees)

today released the Deepwater Horizon Draft Phase I Early Restoration Plan & Environm entalAssessm ent (DERP/EA ) for formal pub lic com men t. It is the first in an anticipated series of plans tobegin restoration of the Gulf of Mexico to com pensate for natural resource injuries, including the lossof human use of G ulf resources, from the Deepwater Horizon Oil S pill.

The DERP/EA describes the initial projects proposed to receive funding from the $1 billion Early

Restoration agreement ann ounced by the Trustees and BP on A pril 21, 2011, called the Framew ork

Agreem ent. The Trustees will hold 12 p ublic meetings in January and February 2012 throughout GulfCoast comm unities and in W ashington, D.C. to solicit formal public comm ent on the DERP/EA.

Public feedback is of the utmost importance, and we en courage people to submit comm ents and

attend the upcoming pub lic meetings," said C ooper Shattuck, chair of the Trustee Council ExecutiveCom mittee, speaking on b ehalf of the Trustees. This is the first step in beginn ing restoration ofinjuries caused by the Deepwater Horizon Oil S pill. W hile continuing to accept project ideas, wewill move forward w ith additional phases of Early Restoration until the entire $1 b illion is comm itted

to Gulf Coast restoration."

The DERP/EA describes eight proposed projects for the initial round of Early Restoration, two eachin A labama, Florida, Louisiana and M ississippi. These p rojects reflect the ideas and input received

by the Trustees through p roject solicitation and outreach efforts. The proposed p rojects include

shoreline m arsh creation, coastal dune hab itat restoration, nearshore artificial reef creation, oyster

cultch restoration and construction of boat ram p facilities. The total estimated cost of the proposed

initial suite of projects is more than $ 57 m illion. The projects included in the Deepwater HorizonDERP/EA are:

• Lake H ermitage M arsh Creation - NRD A Early Restoration. Plaquemines Parish, Louisiana;

approximately 104 acres of marsh creation; benefitting brackish marsh in the BaratariaHyd rologic Basin; estimated cost: $13 ,200,000.

• Louisiana O yster Cultch Project - St. Bernard, Plaquem ines, Lafourche, Jefferson, andTerrebonne Parishes, Louisiana; approximately 850 acres of cultch placement on public oyster

seed grounds; construction of improvem ents to an existing oyster hatchery; benefitting oy stersin coastal Louisiana; estimated cost: $14,874 ,300.

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• Mississippi Oyster Cultch Restoration - Hanco ck and H arrison Counties, Mississippi;1,430 acres of cultch restoration; benefitting oysters in Mississippi Sound; estimated cost:$11,000,000.

• Mississippi A rtificial Reef Hab itat. Hanco ck, Harrison, and Jackson C ounties, Mississippi;100 acres of nearshore artificial reef; benefitting nearshore habitat; estimated cost: $2,600,000.

• Marsh Island (Portersville Bay) Marsh Creation - Mobile County, Alabam a; protecting 24existing acres of salt marsh; creating 50 acres of salt marsh; 5,000 linear feet of tidal creeks;benefitt ing coa stal salt marsh in A labama; e stima ted cost: $9,400,000.

• Alabama D une C ooperative Restoration P roject - Baldwin Coun ty, Alabam a; 55 acres ofprimary dune ha bitat; benefitt ing coastal dune an d beach m ouse hab itat in Alabama; estimatedcost: $1,145,976.

• Florida Boat Ram p Enhancem ent and Construction - Escam bia County, Florida; four boat

ramp facil it ies; benefitting hum an use in Escam bia Co unty, Florida; estimated cost: $4,406,309.

• Florida (Pensacola Beach ) Dune Restoration - Escam bia County, Florida; 20 acres ofcoastal dune habitat; benefitt ing co astal dune h abitat in E scamb ia Cou nty, Florida; estimatedcost: $585,898.

Visit www.gulfspillrestoration.noaa.gov to view the DER P/EA, access pu blic me eting details, and viewadditional details of the proposed Early Restoration projects and w ays to subm it public comm ent. Thepublic com men t period w ill end Feb. 14, 2012 .

The fol lowing public meetings are schedu led for early 2012 (additional details wil l be ma de public as

they becom e available):

Florida:ednesday, Jan. 11 and Thu rsday, Jan. 12

Mississippi:uesday, Jan. 17; We dnesday, Jan. 18; and Thursday, Jan. 19Alabama:onday, Jan. 23 and Tuesda y, Jan. 24Texas:hursday, Jan. 26Louisiana:uesday, Jan. 31; Wednesday, Feb. 1; and Thursday, Feb. 2W ashington, D.C.: Tuesda y, Feb. 7

NR DA is the process used b y natural resource trustees to develop the public's claim for natural

resource dam ages a gainst the party or parties responsible for a spil l and to see k com pensation forthe harm d one to natural resources and the services provided by those resources. The Deep water

Horizon NR DA T rustees include NO AA, the U.S. Depa rtment of Interior and state agencies from the

five G ulf States - Florida, Alabam a, Louisiana, Mississippi and Texas.

Early Restoration provides an opp ortunity to implem ent restoration projects agreed upon b y theTrustees and BP under the Framew ork Agreeme nt prior to the completion of the NR DA . The damageassessm ent wil l continue while Early Restoration planning is under w ay. BP and other responsible

parties are o bligated to com pensate the p ublic for the full scope of the natural resource injury causedby the Dee p w ater Horizon Oil Spil l, including the co st of assessing such injury and planning forrestoration.

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Note to Media: Deepwater Horizon Natural Resource Trustee Comments

Department of the Interior

"The projects propose d in the DERPIEA are intended to begin the process o f returning the Gu lfof Mexico to its pre-spill condition and ma king the public whole," said Rache l Jacobson, A cting

Assistant Secretary of Fish and Wildlife and Parks, and Trustee C ouncil memb er. "The Trustees

crafted this combination of projects based on m any criteria, including suggestions from the pu blic,and we encourage the public to continue to participate as we take this major step toward meaningful

restoration to bring health and strength back to this region."

NOAA

"NOAA will continue to pay close attention to com men ts subm itted by the public as the EarlyRestoration process unfolds:" said Monica Medina, Principal Deputy Undersecretary of Commerce forOceans and Atmosphere and NOAA Trustee Council member. "We also will be working closely withour fellow trustees to help m aximize the e ffectiveness of the projects they hav e identified for public

consideration in the first round of Early Restoration.."

Alabama"We look forward to hearing feedback on these proposed initial projects and invite the public to joinus for the meetings scheduled in Alabam a," said N. Gunter Guy, Jr., Comm issioner for Alabama

Department of Conservation and Natural Resources, representing the Alabama trustees. As thisEarly Re storation process see ks to further efforts to restore our Gulf's vital natural resources andthe public's opportunity to enjoy those resources , we also encou rage the public to submit writtencomments in addition to attending the upcoming meetings.'

Florida

"This is an impo rtant first step in the process of starting restoration of the dam age ca used by theDeepwater Horizon Oil Spill," said Mimi A. Drew , Special Advisor to the Florida Dep artment ofEnvironmental Protection Secretary Herschel T. V inyard, Jr. and membe r of the Trustee Councilspeaking on b ehalf of the Florida trustees. "We a ppreciate the hard work and input of our fellow

trustees, local governmen ts and stakeh olders that helped us to identify these projects, and lookforward to the continued collaboration with these groups both at our upcoming public meetings andthroughout the restoration process."

Louisiana

"Today's release of the first round of propo sed ea rly restoration projects is a first step in restoringour coastline, our resources and our communities along the Gulf Coast from the Deepwater Horizon

disaster," said Garret Graves, C hairman of the C oastal Protection and Restoration Authority. "Louisiana

is grateful for the input provided by m emb ers of the public in this process to date, and we lcomes a ndencourages additional comments regarding the projects proposed in the DERREA. We are pleased

to have w orked through this initial round and look forward to ex pediting future projects and expen ditureof the rem ainder of early restoration funds."

Mississippi

"Public participation is a critical factor in deve loping plans for restoring the Gulf following the

Deepwater Horizon Oil Spill. We un derstand that the people wh o mak e their living from the G ulfand those w ho choose to live or vacation there offer insightful and important perspectives that willhelp determine the types of restoration neede d;' said Trudy D. Fisher, Mississippi Departm ent ofEnvironme ntal Quality Executive Director and Mississippi's Trustee. As a m embe r of the Trustee

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Counci l , I strongly urge everyone to becom e involved by attending the publ ic m eetings that have b een

scheduled througho ut the Gulf in order to ensure their thoughts are heard:

TexasMfe are pleas ed to see the first restoration propos als that wil l contribute to restoring the entire Gu lf:

said Carter Smith, Texas Parks and Wildlife Department executive director, representing the Texas

trustees. We look forward to ad vancing Texas-specif ic project proposals for the n ext phase. W ith

mo re than 140 po ssible restoration projects in Texas so far, we have a wealth of important coastalrestoration and enhancem ent opportunities to review and consider, and we wan t to get it right. W e

urge al l interested Texans to get informed an d engaged during this publ ic comm ent period"

Med ia Con tac tsDepa rtment of the Interior: Nanciann Rega lado, 678.296.6805, nanciann_regalado@ fws.gov

NOAA: Tim Zink, 206.402.2059, t [email protected] a: Patt i Powel l , Patt i Pow el l, 334.242.3484, Patt i .Pow el l@d cnr.alabama .gov

Florida: Kristin Lock, 850.245.2112, [email protected] .us

Louisiana: Jenn y Ku rz, 225.610.9737, jenny.kurz@ la.govMississippi: Don na Lum , 601.948.3071, donna . lum @n oel-schaffer.com

Texas: Tom Harvey, 512.389.4453, Tom.Harw ty@tpw d.state.tx.us

www.gultspillrestoration.noaa.gov

8/3/2019 Dec 20 2011


orthwest Florida is considered one of the

top six biodiversity hotspots in the country.

Join us to learn more about the Panhandle's

hidden ecological treasures!

To register, visit Panhandleeutdoorslive2012.eventbrite.com. Space is limited. Moderate activity required.

Panhapdle

Outdoors

Times:9:30 a.m. - 41X) p m Central time

10:30 a m - 5:00 p m Eastern time

Cost:$30 per person—Lunch,

equipment rentals, and admission

into parks included.

MARCH 15EglIn Alr Force

Base Seepage SlopesContact—Brooke Saari

EtsaariaertLeder

850589.5850

Navarre Beach &

Santa Rosa Sound

Contact—Chris Verlinde

Chrismvguitedu

850.623.3868

For more information. pease visit nwdistrict rtas.uti.edu`tst_ran_,nvex_nr.pnp or contact the Extension agent in charge at each location.

JANUARY 18 APRIL 4 AUGUST 22 OCTOBER 11Leon Sinks, Apalachicola Bluffs, Ochlockonee Tate's Hell Wet

Sinking Streams & Steepheads & Ravines Brackish River Savannas & SwampsWakulia Spring Contact— Will Shaftatt Swamps & Marshes Contact—Bill Mahan

Contact—Will Sheflati Shettall(utteder Contact—Will Shafts!! BrnahanOultedu

Shetta114uft. edu 850.606.5202 SheftailaufLodu 850.653.9337

850.606.5202 850.606.5202

FEBRUARY 16Chlpola River Bluffs &

Caverns, Failing Waters

Contact—Matt Orwat

Mforwatguftedu

850.689.6180

MAY 11Perdido River

Contact—Libbie Johnson

Libbie16)uttedu

850.475.5230

SEPTEMBER 20St Andrews Beaches,

Dunes & BayContact—Scott Jackson

Ls f tPukedu

850.784.6105

NOVEMBER 14Torreya Bluffs, Streams

& Floodpialn Forests

Contact—Will Sheftall

SheftallArikedu

850.606.5202

8/3/2019 Dec 20 2011


MARCIA M. JOHNSONF RANKLIN COUNTY

CLERK OF THE CIRCUIT COURT

33 MARKET STREET, SUITE 203

APALACHICOLA, FL 32320

(850) 683-8861

FAX (850) 683-2261

Clerk's Report to the Board 12/20/2011:

1- For information, the balance in the hospital's operating account at the end of November was

$24,409.63. At that time, they also had $204,930.28 in CDs, $150,376.42 in a money market account,

and $77,739.84 in a grant account. Since that date, the money market account has been closed and

the funds transferred to the hospital's operating account. I spoke to Cindy Drapel on Friday, and the

operating account has a balance as of 12/16/11 of $102,878.00 and she felt assured the financial

situation was looking better now. The hospital has a balance of $492,494.94 in the Capital Fund.

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Weems Memorial Hospital

Cash Balance

Operating

Account

Certificate of

Deposit

Money

Market

Grant

Account Total

4/30/2011 95,396.31 201,734.00 150,000.00 47,754.20 494,884.51

5/31/2011 83,595.62 201,734.00 150,000.00 56,451.31 491,780.93

6/30/2011 85,193.43 201,734.00 150,000.00 79,210.49 516,137.92

7/31/2011 371,993.34 201,734.00 150,060.58 97,474.88 821,262.80

8/31/2011 54,270.47 204,111.60 150,221.13 93,380.31 501,983.51

9/30/2011 28,040.93 204,111.60 150,272.99 95,293.50 477,719.02

10/31/2011 29,751.01 204,111.60 150,272.99 97,065.65 481,201.25

11/30/2011 24,409.63 204,930.28 150,376.42 77,739.84 457,456.17

8/3/2019 Dec 20 2011


Report to the Board of County CommissionersDecember 20, 2011

1- Inform Board that the first selections have been announced for the NRDA projects. Ininternal NRDA decision making, it was decided that the first round of projects would

consist of only 2 projects for each state. Each state is still assured of receiving $100M infunding but for some reason the trustees limited approvals to 2 projects per state. The 2projects approved for Florida represented $5M worth of funding, and both projects arelocated in Escambia County- a $4.4M Boat Ramp Enhancement and Construction projectand a $585K Dune Restoration Project. None of the other counties received any fundsnor was there any announcement of when additional approvals may occur.

Independently, Franklin County's Apalachicola Bay Oyster Industry Restorationdid receive some good news. An independent environmental group, The Gulf FutureCoalition, did a review of all the 160 NRDA projects that had met the qualifications forearly funding. The group, with a website called gulffuture.org, has made a publicannouncement of their top 6 projects that should be funded and one of their six is

Franklin County's oyster project. We can only wait to see if their support will impactfuture awards.

2- Provide the Board with the final work product from the Community Health Surveyprocess. It is the responses generated at the Dec. 1 community forum. It is a 3 pagereport summarizing the discussion. The letter thanking NACo has already been sent.

3- Inform the Board that while the residents of the county have been the beneficiary of the Board's involvement in NACo and the NACo drug card program, now the FAC andNACO are discussing a restructuring of the program where participating counties, such asFranklin, may see some financial benefit in promoting the program in the county.

4- In anticipation of my retirement I am making a switch in planning and zoning duties.For the past several years, Amy Kelly has been preparing the P and Z agenda, and

attending the meetings to take minutes while I made the presentation. Amy would thenwrite up the action and create the consent agenda for the Board meeting. Starting inJanuary I am having Amy now make the presentations, and Rachel Ward will attend andtake the minutes. I see this as a step in the development of Amy in the planning andzoning field. In 3 years Rachel will conclude her DROP program and will have to retire,and Roxie Allen will most likely retire in 2 years.

While the state of Florida has minimized the role of comprehensive planning,Franklin County and all other counties still have zoning codes and rules which guide

development and need to be followed. In the next few years, while Rachel and Roxie arestill working, Amy needs to be given an opportunity to develop her skill of explainingand presenting the zoning code. On complicated issues, the Board will still have Mark Curenton as an employee, and on legal issues, Mr. Shuler.

5- Inform the Board that I have submitted a reimbursement to FEMA for $309K for thecost of acquiring that part of Tom Roberts Road that runs through South Shoal. FEMAhas been paying out in about six weeks so hopefully by the beginning of February the

8/3/2019 Dec 20 2011


Board will know if FEMA has any problems with the reimbursement request. If it goes

through then the Board needs to decide if it wants to move on Phase II which would beacquisition of the 4 Secon Village lots just west of South Shoal.

6- Inform the Board that on Friday DOT announced that because of the Legislature's

October Revenue Estimating Conference (REC) there has been 2 changes to the DOTwork plan in Franklin County. The Oak Street project has been moved back one year to

FY 15, and the $600,000 Airport Taxiway improvement project has been deleted.

7- Airport Update. At the last meeting the Board heard a presentation from ARTIC

concerning its interest in using the new hanger at the airport. As the Board is aware the

new hanger has also been advertised for use by the FBO, whoever that might be.

There was an Airport Advisory Committee meeting Monday night (Dec. 12) andARTIC was at the meeting. One of the purposes of meeting was discuss the FBO and the

new hanger. I have spoken to Mr. Mosteller, Airport Chairman, who said that no final

decision was made by the Committee but that it was represented to them that Mike Ruic

was no longer interested in continuing to operate the FBO. Sky Dance said they wouldbring back their original FBO partner. Based upon the information presented at the

meeting it appeared to the Airport Committee that Sky Dance was the only real FBO

candidate left. Sky Dance and ARTIC did discuss the possibility of jointly using the

hanger.I have spoken to Mike Ruic since the meeting and he says he was in New York

when the meeting took place, but that he has not withdrawn his offer to continue AIATC

as the FBO. I have told Mr. Mosteller that. Mr. Mosteller asks for the Board to give

them direction on what to do.

I have also spoken to ARTIC. They are still pursuing their funding opportunities

so they are still in the hunt for office/hanger space.

Board direction on how to proceed in selecting a new FBO, and in the meantimeBoard direction to allow AIATC to continue to provide FBO services. It is important that

AIATC know they are to stay in business until a new FBO is selected so that they will

continue to maintain an inventory of fuel.

8/3/2019 Dec 20 2011


RFR #1 PW 1658 - RFR Detailsage 1 of 1

Florida DE M5900 Lake Ellenor Drive, Orlando, FL 32809-4634

DOCUM ENTATION OF PROJECT EXPEND ITURES

(1) Applicant Name: Franklin County (2) Disaster Number: FEMA-1595-DR-

FL

(3) Applicant I.D. Number 037-99037-00 (4) Project Worksheet (PW) 1658

(PIPS): Number:

Submitted Date/Time: Dec 16, 2011 9:04

AM

(5)

Applicant's

Reference No.(Invoice, Voucher,

Claim or Schedule

No.)

(6)

Dates

Delivery Date of

articles or

performance

services.

(7)

List Documentation(Applicant will attach a summarization report

to capture cost being claimed) by line item in

the approval project application and give a brief

description of the articles or services(i.e. labor, equipment, materials and contracts).

(8)

Amount

Applicant

Eligible

Costs

Other - Court

Order

Dec 13,

2011

The 2nd Judicial Circuit Court ordered the county to pay the

above amount in order to acquire the property. The property

acquired is the required tie in of Tom Roberts Road into Harbor

Circle, as described in the PW.

$280,170.00

Invoice - N/A Dec 7, 2011 These fees are associated with obtaining a court order for the

acquistion of the required Right of Way as described in the PW.

$29,288.00

Other - N/A Nov 29,

2011

Attached is the appraisal that the 2nd Judicial Court relied upon

in determining the value of the property.

$0.00

$309,458.00

Printed from FloridaPkory on Dec 16, 2011 at 9:41 AM.

http://www.floridapa.org/dyndoc/cfm/PA FL_REIMBDET.cfm?dd=4&i=293507 2/16/2011

8/3/2019 Dec 20 2011


IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT IN

AND FOR FRANKLIN COUNTY, FLORIDA

FRANKLIN COUNTY, FLORIDA,

a political subdivision of the State of Florida,

Petitioner,ase Number: ll-274-CA

VS.

CAPITAL CITY BANK, a Florida

Corporation, et al.,

Defendants.

SECOND AMENDED ORDER OF TAKING FOR PROPERTY

This cause coming on to be heard by the Court, it appearing that proper notice was

first given to all the Defendants, and to all persons having or claiming any equity, lien, title,

or other interest in or to the real property described in the Petition and Exhibit A attached

hereto, that the Petitioner would apply to this Court for an Order of Taking, and the Court

being fully advised in the premises, upon consideration, it is, therefore,

ADJUDGED:

1. That the Court has jurisdiction of the subject matter and the parties to this cause.

2. That the pleadings in this cause are sufficient and the Petitioner is properly

exercising its delegated authority.

3. That upon the payment of the deposit hereinafter specified into the Registry of

this Court, the right, title, or interest specified in the Petition as described herein

shall vest in the Petitioner.

4. That the deposit of money will secure the persons lawfully entitled to the

compensation which will be ultimately determined by final judgment of thisCourt.

5. That the sum of money to be deposited in the Registry of the Court within twenty

(20) days of the entry of this Order shall be in the amount of $280,000.00, plus

the Clerk's fee of $170.00, for a total of $280,170.00.

8/3/2019 Dec 20 2011


CLERK OF CIRCUIT COURT

by

6. That on deposit, as set forth above and without further notice or order of this

Court, the Petitioner shall be entitled to possession of the property described in

the Petition and Exhibit A attached hereto.

DONE AND ORDERED this 1 3 day of December 2011 in Apalachicola, Florida.

Angela C. Dempsey Circuit Judge

Copies to:

Thomas M. Shuler, Esquire

J. Marshall Conrad, Esquire

YTATE OF FLORIDA, COUNTY Ot I HEREBY CERTIFY that the MAW:is a true and correct copy of an intttufhohi

in the official records of FRANK LIN 001-)NTV 1F

ofnd and seal °price tf*itn

8/3/2019 Dec 20 2011


N 0 T E S:

RY SURVEY CERTIFIED TO:

HARBOR CIRCLEEAST RIGHT-OF-WAY BOUNDARY RAN

a c t71 (sfLAZI

(N). Z1 'SS

WEST BOUNDARY OF SOUTH SHOAL VILLAGE.10.01..0 I 2=4 ,11 , t88 - ,T3.ps.00.00d

VT'F39'-i-- -̂ ,,3 ;EFS ,„ t' ,/'al e/:"

0r,"03.5.0rn.-3

i ? , - 1 1 , ) . 7 . . . ) k,,, ,z,:7-

1P- O:3 0% -9 -“‘: ''l 44": r"r. R a.1,n 2 Z,% ) c ' -. 'tt ->ifetn •- 1„,

K la0 ,-rn-so ..---.41s- .. N"‘. 'n...4:e, -S3, 2 L _

---29.15- ',a°")

'0

Oi 35O 0

t-,,°n

TOMOBERTSOAD.(Rms. ALL PURPOSE UTILITY EASEMENT) 03--.:

it 1N0

-.,

LEGEND

IICM FOUND CONCRtE M O NUM ENT

9MEASURED

IPECORD PLAT

G44 / R GHT-OF-WAY

Al

S/RCET 5/8"RE-ROD #7160

FIRCOUND /RON ROD AND CAP

1. SURVEY SOURCE: Record plat and a field survey performed by the undersigned surveyor.

2. BEARING REFERENCE: Northerly right-of--way boundary of Tom Roberts Road being

North 77 degrees 04 mintues 19 seconds West as per record plat.

3. NO IMPROVEMENTS have been located in this survey other than shown hereon.

4. There are NO VISIBLE ENCROACHMENTS other than those shown hereon.

5. This survey is dependent upon EXISTING MONUMENTATION.

6. Not valid without the signature and the original raised seal of

a Florida licensed surveyor and mapper.

7. See attached sheet for legal descriptionFLOODZONENFORMATON

certify that this is a true and correct representation of

shown hereon and that this survey meets

umtechnical standards for land surveying (Chapter 61017-

inistrative Code).

Subject property is located in Zone 'AE" (EL 9) as per Flood

Insurance Rate Map Community Panel No: 120088 0561E

index date: June 17, 2002, Franklin County, Florida.or has not been provided a current title

stract of matters affecting title or boundary to the

erty. It is possible there are deeds of records.

ds, easements or other instruments which could affect

Y

per

THURMAN RODDENBERRY & ASSOCIATES, INC

PROFESSIONAL SURVEYORS AND MAPPERS

P.O. SOX 100 • 125 SHELDON STREET • SOPCHOPPY. FLORI DA 32358

PHONE NOMMEN 850962.1511A% NUMBER:.1150.565-1103

1.1. 7160

DATE: 05/11/11

RAWN BY: MUD

FILE: 97298_RO.DWG Alt OF LAST FIELD WOR

05/30/11

N.B. Folder COUNTY: Fronklin

JOB NUMBER: 97-298

8/3/2019 Dec 20 2011


EXHIBIT

0 . r 02- 97-298ac.0.36

Ja 04(T. Roddenberry

Surveyor and Mapper

Florida Certificate No: 4261

T h u r m a n R o d d e n b e r r y a n d A s s o c i a t e s , I n c .P r o f e s sio n a l S u r v e y o r s a n d M a p p e r s

PO Box 100

125 Sheldon Street

Sopchoppy, Florida 32358

USA

Phone: 850-962-2538

Fax: 850-962-1103

May 31,2011

Legal Description of a 0.36 Acre Tract

Certified To: FRANKLIN COUNTY BOARD OF COMMISSIONERS

I hereby certify that this is a true and correct representation of the following described property and that this

description meets the minimum technical standards for land surveying (Chapter 61G17-6, Florida Administrative

Code).

Begin at an iron rod and cap (marked #7160) marking the. Northeast corner of Lot 17 of South Shoal

Village, a subdivision as per map or plat thereof as recorded in Plat Book 9, Page 21 of the Public

Records of Franklin County, Florida, said point also lying on the Westerly right-of-way boundary of

Tom Roberts Road. From said POINT OF BEGINNING and leaving said right-of-way boundary run

South 76 degrees 57 minutes 58 seconds East 82.38 feet to an iron rod and cap (marked #7160) lying on

the Southerly right-of-way boundary of said Tom Roberts Road, thence run South 77 degrees 15 minutes

18 seconds East along said right-of-way boundary 91.79 feet to a concrete monument (marked #2244),

thence leaving said right-of-way boundary run North 00 degrees 14 minutes 17 seconds West 51.49 feet

to a concrete monument (marked #6475) lying on the Northerly right-of-way boundary of said Tom

Roberts Road, thence run North 77 degrees 04 minutes 19 seconds West along said right-of-way

boundary 168.09 feet to a point marking the Northeast corner of that area depicted as "Reserved for

Future Access" on said record plat, thence continue North 77 degrees 04 minutes 19 seconds West along

the Northerly boundary of said "Reserved for Future Access Area" a distance of 139.52 feet to an iron

rod and cap (marked #7160) lying on the West boundary of said South Shoal Village Subdivision, said

point also lying on the Easterly right-of-way boundary of Harbor Circle, thence run South 00 degrees 10

minutes 01 seconds East along said West boundary and said Easterly right-of-way boundary 55.72 feet

to an iron rod & cap (marked #7160) marking the Northwest corner of said Lot 17, thence leaving said

right-of-way boundary run South 78 degrees 47 minutes 53 seconds East along the North boundary of

said Lot 17 a distance of 132.60 feet to the POINT OF BEGINNING containing 0.36 acres more or less.

SUBJECT TO AND TOGETHER WITH an all purpose utility easement lying over and across the

Northerly portion thereof as recorded in said South Shoal Village, Plat Book 9, Page 21 of the Public

Records of Franklin County, Florida

The undersigned surveyor has not been provided a current title opinion or abstract of matters affecting title or

boundary to the subject property. It is possible there are deeds of records, unrecorded deeds, easements or other

instrume is which cAuld affect the boundaries.

8/3/2019 Dec 20 2011


ORDINANCE

99-3

A N OR D IN A N C E OF T HE B OA R D O F C OU N T Y C OM M ISSION E R S OF FR A N KL IN C OU N T Y , FLOR ID A ,

G R A N T I N G A N E X C L U S I VE F R A N C H I S E T O T H E E A S T P O IN T W A T E R A N D S E W E R D I S T R IC T ,

E A S T P O I N T , F L O R I D A , IT S S U C C E S S O R S A N D A S S IG N S T O O P E R A T E A N D M A I N T A I N A W A T E RSUPPLY SYSTEM AND A SEWAGE COLLECTION TREATMENT AN D DISPOSAL SYSTEM IN FRANKLIN

COUNTY, FLORIDA: DEFINING THE FRANCHISE AREA; SETTING FORTH CONDITIONS AND

PRIVILEGES ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR WATER

CO NN ECTIO NS , S EWER CO NNEC TIO NS , TH E US E O F INDIVIDUAL S EWAG E DIS PO S AL S YS TEMS

AND/O R S EPTIC TANK S AND FO R O TH ER PURPO SES AND PRO VIDING AN EFFECTIVE DATE.

B E IT OR D A N IE D B Y T E E B OA R D OF C OU N T Y C OM M ISSION E R S OF FR A N KL IN C OU N T Y , FL OR ID A :

WHEREAS, the Board of Co unty Com missioners of Franklin County, Florida, hereinafter called "the Board"

or "Franchisor," may gran t public water and sewer franchises to applicants who desire to operate public water supply

and sewa ge systems within the l imits of Franklin County, and,

WHEREAS, the Eastpoint Water And Sewer District, Eastpoint, Florida, hereinafter call "the District" or

"Franchisee," has req uested the Board to grant un to i t an exclusive franchise for a public water supply system an d a public

sewage collection treatment and disposal system, both to be operated in a portion of Franklin Coun ty, Florida, and

WHEREA S, the area sough t to be franchised is described in Exhibit "A" attached hereto.

NOW THEREFORE, for and in considerat ion of the covenan ts and agreem ents of the part ies hereto hereinafter

set forth, and in further consideration of the m utual benefits and adva ntages accruing to said pa rties herein, the parties

hereto covenant and agree as fol lows:

i a l iga iL iang ikand iUME ALEM IEhi fe . The r e i s he r e by g r an te d to the Dis tr ic t fo r a p e r iod o f f i f ty (50)

years from the date hereof an ex clusive franchise to construct, operate, and maintain a public water supply system and

a public sewage collection treatment and disposal system within the area described in Ex hibit "A" attached hereto, and

to construct, maintain, and repair w ater l ines, sewer l ines, conduits, hydrants, service pipes, pumping stations, and any

and all other things n ecessary for the purpose of treating, conducting and distributing water an d collecting, treating and

disposing of sewage in such area; to mak e housing and bu ilding connect ions upon, along, in and under the roa ds, s treets ,

alleys, easements, and other pub lic places in said area; to repair, replace, enlarge or extend the sam e, and to carry on

the business of furnishing potable water an d of col lect ing and d isposing of sewage in said area for a c onsiderat ion subject

1

8/3/2019 Dec 20 2011


to such rules and regulations as the District may adopt and impose, and further subject to the conditions of this franchise.

Stef int l_ExcayatinnErkileges . For the purpose of car rying into ef fect the pr ivi leges and purposes g ranted

by this franchise, the owner of said franchise is hereby au thorized to make all necess ary excavations in said roads, streets,

alleyway s, and public ground s situated in the area afore-described; provided that the facilities shall be so located or

relocated and so ere cted as to interfere as little as possible with traffic over said streets, alleys, bridges, and public places,

and with reasonable egress from and ingress to abutting property. The location or relocation of all facilities shall be made

in compliance with such rules and regulations as are now or hereinafter may be im posed by the Board, but not so as to

interfere unreasonably with the proper operation o f the D istrict 's facilit ies and services. Streets, or portions thereof, so

excavated shall be restored, within a reasonable time and as early as practicable after such excavation, by the District at

its expense to as good condition as they were at the time of such excavations.

Sec ion 3: Service Requiremen ts . Reasonably adequate and efficient water and sew age system service shall

be furnished by the D istrict to every person applying for service within the franchise l imits served by such system, when

such service becomes reasonably and econom ically feasible; provided, how ever, that if the furnishing of service by the

District in comp liance with any application for service would require the extension of, or ad dition to, its existing facilities,

the District, as a condition precedent to furnishing service, may require of the applicant reasonable deposits guaranteeing

compensatory revenues from the territory to be served or reasonable con tributions in aid of con struction to help defray

the cos t of faci l i ties which w il l be used and useful in furnishing service, or any com binat ion thereof , or reasonable

construction or other advances evidenced by refundable or non refundable agreements.

Sect ion 4: Rules and R egulat ions . The D istrict shall make available for its customers rules and regulations

governing the sale, furnishing and termination of its services to customers.

Section 5: Individual W ater Systems Prohibited: W ater Connections Required. The use of individual water

wells , other than wells with diam eters of two inches or sm aller, by any person, corporat ion, or other ent ity, in the

franchise area where potable w ater distribution service can be m ade available by the District, is hereby prohibited. All

persons, corporations and other entities ow ning improved property fronting on a street where w ater distribution service

is avai lable shal l connect the improvem ents upon such prem ises in the man ner herein or provided by other law or

ordinance of the C ounty or State. An individual, corporation or other entity who ha s an individual water w ell greater than

2

8/3/2019 Dec 20 2011


two inches in diameter in use on the date of the enactment of this Ordinance is specif ically "grandfathered" in and shall

not be subject to the pro vis ions of this sect ion of this Ordinanc e. No privately own ed supply system shal l provide services

to the public within franchise area; prov ided, i f the District is unable to provide w ater services to any part of the franchise

area, i t shall not unreasonably refuse to co ntract with an owner to construct faci l it ies to be operated by the District .

Sect ion 6: Individual Sewage D isposal Systems Pro hibited: Sewer C onnect ion Required. T h e u s e o f

individual sewage disposal systems and/or septic tanks, grease traps, or dry wells by any persons, corporations, or other

entit ies in the franchise area w here sewage collection service can be m ade available by the District is hereby prohibited.

All persons , corporat ions and other ent i t ies owning imp roved prop erty front ing on a s treet where sewage-col lection

service is available shall connect said improvem ents upon such premises to the service in the m anner herein or p rovided

by other law or ordinance of the County or State.

Seci tna_Addif innal l tr ibuances . The Board agrees to pass a l l ordinances reasonably necessary b oth for the

reasonab le protect ion of the rights and pro perty of the District and to enable the District to enforce any o f i ts reasonable

rules and regulat ions for the mana gem ent , operat ion and control of the services to be rende red by the D istrict hereunde r

and to pass any reasonable ordinance or ordinances that wil l be necessary in order to fully confirm to the District the

rights herein or hereby granted or intended so to be.

Sect ion 8: Transfer of Franchise . The District shall not, at any tim e, transfer its rights in any of its pub lic

water or sewage system property, or its franchise herein granted, to any person, corporation, or other entity without the

consent of the major ity of the Board . It is , however, express ly understood a nd agreed that in the event the District should

desire to transfer i ts rights and franchise as aforesaid to a transferee that is qual i f ied to ope rate unde r said franchise, the

Board shal l not w ithhold i t s consent unreasonably , and the showing of transferee' s qual i ficat ions shal l be con clus ive

evidence of the right of the D istrict to secure said consent for transfer.

Sect ion 9: Hold-Harmless Requirement . The Dis tr ic t sha l l a t a l l t im es protec t and save the Cou nty of

Franklin harm less from al l claims, demands, l iabi l ity and damag es , including attorney's fees and court costs , arising from,

out of , or by reason of this franchise agreem ent or the construction, operation, or m a i n t e n a n c e o f i ts said public water

and sewage sys tems .

3

8/3/2019 Dec 20 2011


Section 10: Successor's Obligations. This franch ise and all the rights, privileges, ob ligations, and liabili t ies

hereunder shal l be binding on sa id Board an d the D is tr ic t and thei r successors and ass igns .

Sect ion 11: Forfe i tu re Provis ions . The failure on the part of the District to comply in any substantial respect

with any of the provisions of this O rdinance shall be groun ds for forfei ture of this grant , but no su ch forfei ture shall take

effect i f the reasonablen ess or propriety thereof is protested by the D istr ict unti l a Court of com petent jurisdict ion, with

a r igh t of appea l in e i ther par ty , sha l l have foun d tha t the D ist r ic t fa i led to com ply in a su bstan t ia l respec t w i th any

provisions of this franchise. The D istr ict shall have six (6) m onths after the f inal determination of the questions to m ake

good the defaul ts before a forfei ture shal l resul t , with the r ight in the B oard, at i ts discret ion, to grant such addi t ional t ime

to the Distr ict for compliance as necessi t ies in the case require.

Section 12: Rate Changes. Water rates charged by the Franchisee are strictly subject to approval of Farmers

Hom e Adm in i s tra t ion . In no even t s ha l l r a te changes be pe rm i t ted m ore f requ en t ly than tw o (2 ) t imes pe r yea r .

Franchisee shall make every reason able effort to provide w ater and sewer services for residents of i ts Franchise area and

shal l maintain reasonable service charges which shal l be co nsistent with the range of charges set by com parable providers

of these services. The Bo ard specifically reserves the r ight to amend this section of the O rdinance to al low the B oard to

review rate changes sho uld they so elect . If, after such review , the Board finds the rate change un reasonable, the Distr ict

may secure the rul ing of a C ourt of com petent jur isdiction on the reasonableness issue, with r ight of appeal to ei ther party.

won 13:d e q u a c y : s a k t u k s e n i c e . Franchisee shall maintain adequacy and safe ty of service consis tent

w ith the rules and regula t ions of Sta te regula tory agenc ies inc luding the D epar tment of Env ironmen ta l Pro tec t ion ,

Depar tment of C omm uni ty Affair s , and the Nor thwest F lor ida W ater Managem ent Dis t r ic t .

Section 14: l imitation on Cost to N on-Users. All costs of operat ion and ex pansion of the Franchise shal l be

borne by Franchisee or persons specifically contracted to uti l ize such services.

Section 15: Insurance Req uirements. Franchisee shall continue to maintain its present insurance coverage

or its equivalent. A schedule of present coverage is attached to this Ordinance and identified as Ex hibit "B" .

Section 16: Eminent Domain. The Coun ty recognizes that the Franch isee may require uti l ization of the

Eminent Domain pow ers of the County in order to carry out and complete the purpose and intent hereof. The County

will allow, assist and authorize the Franchisee to exercise eminent domain authority on behalf of the County when

4

8/3/2019 Dec 20 2011


reasonably and neces sarily required in order to accomplish the purposes o f this contract, including, but not l imited to,

com plain ing for condem nat ion , on behal f of the Coun ty , in order to secure land and land use r ights necessar i ly

appurtenant to the accomplishmen t of the intent of this Franchise.

Section 17: P r e v i o u s Ordinances . All ordinances and parts of ordinances in conflict herewith be and the same

are hereby repealed.

Sect ion 18: Severa bi li ty Clause I t is declared hereby to be the Legis la t ive intent of the Board, that , i f any

section, subsection, sentence, clause, or provision of this ordinance is h eld invalid, the remainder of the ordinance shall

not be affected.

Sect ion 19• Effect ive Date. The provisions of this ordinance shall become effective as provided by law.

T H I S O R D I N A N C E A D O P T E D I N O P E N S E S S I O N T H I S Ic r D A Y O F

194 AFTERN O T I C E O F IN T E N T T O C O N S I D E R S U C H O R D I N A N C E H A S B E E N P U B L IS H E D A C C O R D G T O L A W I NA N E W S P A P E R O F G E N E R A L C IR C U L A T IO N W I TH I N T H E C O U N T Y , A N D A C O P Y H E R E O F M A D EA V A I L A B LE F O R P U B L I C I N S P E C T IO N I N T H E O F F IC E O F T H E C L E R K O F T H E C I R C U IT C O U R T O FF R A N K L I N C O U N T Y A C C O R D I N G T O L A W .

T H E F R A N K L I N CO U N T Y B O A R DO F C O U N T Y C O M M I S S IO N E R S

B Y - gc2)1/44,2L.CLARENCE WILL IAMS, I ts Chairman

A T T E S T :

CILC5ALL W AD E, C le rk1111" 5

8/3/2019 Dec 20 2011


EXHIBIT "A"

FRA NCH I SE A REA FO R W A TER A ND SEW ER SERVI CE

East Point Water and Sew er District: Lands south and w est of range l ine 6 wes t and township l ine 8 southincluding : Sections a nd F ractional S ections 1 , 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,22, 23, 24, 27, 28, 29, 30, 31, 32 Township 8 South, Range 6 West; Fractional Sections 24, 25, 36 Township 8South, Range 7 W est ; Fract ional Sect ion 1 Tow nship 9 South, Range 7 W est ; Fract ional Sect ion 6, T ownship 9South , Range 6 Wes t

8/3/2019 Dec 20 2011


DECLARATI0m) k•-ontinued)

Eastpoint Water & Sew er District FMIT # 155October 1, 1998 — September 30. 1999

V.MIT COVERAGE SECTION

• A Indemnity Agreement

B FMIT Coverage Agreement

EXHIBIT "B"

Page 1 of 2

PremiumBasiseductible/Tvoeimitet P

n/a $100,000/$200,000 $4,634

See Summary

n/a S100,000/$200.000 Included

n/a n/a n/a

ilia $ 100,0001200,000 Included

n/a n/a n/a

n/a n/a n/a

n/a Na Na

Na

Na

n/a Na n/a

n/a

n/a

Na

Na

n/a

n/a

n/a

Na

n/a

n/a

n/a

n/a

n/a $15,000 Included

Per Schedule $0 $100,0006200,000 $664

2

n/a Na

$10.000 Included

n/a &a

Per Schedule Per Schedule Iva $335

tg General/Professional Liability

Population:

a. Errors & O missions Liability

aa. Supplemental Employment

Practices L iability

b. Employee Benefits ProgramAdministrations Liability

cedical Attendant's/MedicalDirector's Malpractice L iability

droad Form P roperty Damage

eremises Medical Payment

faw Enforcement

(S) Exclusion

Full Time with Arrest Powers

Full Time without Arrest Powers:

Part Time with Arrest Powers:

Part Time without Arrest Powers:

Clerical:

Dogs:

Horses:

g. Extra Contractual Legal Expense

El Automobile

h. Automobile Liability

Num ber of Vehicles:

i. Uninsured M otorists Protection

Personal Injury Protection

k. Automobile Medical Payments

Automobile Physical Damage Cvg .

Additional Designated Members

u Clerk of the Court

u Tax Collector

O Property Appraiser

8/3/2019 Dec 20 2011


EXHIBIT "B"Page 2 of 2

ECLARATIONS (Continued)

Eastpoint Water & Sewer District EMIT # 165

October 1, 1998 - September 30, 1999

Premium

Basis Deductible/Typeimitet Premium

Lj Supervisor of Elections

Sheriff

FA Property and Allied Coverages

Real Property

Personal Property

Coinsurance:

Valuation Basis:

Basis of Value:

Inflation Guard:

Annual Percentage:Inland Marine

Blanket

Electronic Data Processing

Coinsurance:

Crime/Bonds

Money & Securities - Loss Inside

- Loss Outside

Depositors' Forgery

Bond Type

Honesty Blanket Bond

Honesty Blanket Position

Faithful Performance Blanket Bond

Faithful Performance Position Bond

Time Element

Business Income

Coinsurance:

Extra Expense

Valuable Papers

Accounts Receivable

J Workers' Compensationi_J

X Indemnity Agreement

1x ] Employers Liability

Payroll:

Per Schedule

100%

Agreed Amt.

Blanket

No

n/a

$250

$250

Blanket

Included

$3,554

Included

n/aa/ates i250ncludedl n/a/a iaNa n/a n/a

n/a n/a n/a

n/a

n/a Na

n/a

Na

n/a

n/a

Na

n/a

n/a

n/a

n/a

n/a

n/a

Per E xtension∎ 1cluded

Per Extensionncluded

Per Extensionncluded$0 Statutory5,552

$1,000,000 Each Accident

$1,000,000 Each Disease

$1,000,000 Aggregate by Disease

$143.224

8/3/2019 Dec 20 2011


rrliomas 541.. Sfiufer, f.P.)I.

SliulerLaw Offices

jlpafacliicofa, PCoritfa 32320

f1'Iione: 850-653-1757 :Mailine .ft.J(fress:' F ~ 850-653-8627 <P. 0. (])rawer 850

[email protected]!rom .ft.paf4cIiicofa, 'F£., 32329

To: Franklin County Board ofCounty Commissioners

From: Thomas M. Shuler, County Attorney

Re: December 20, 2011 meeting

Action Items

1. Ordinance Amending the Eastpoint Water and Sewer Franchise

The proposed ordinance amending the Eastpoint Water and Sewer District ("District")

Franchise is attached for your consideration at 6:15 p.m. (ET).

In summary, the proposed ordinance requires that the District obtain from Franklin

County a permit before it cuts any roads within the District. They have to get a permit

regardless whether the road is a dirt road or a paved road.

The county can require that the District obtain a letter of credit as a condition for issuance

of any permit.

The ordinance will allow the District to first try to patch paved roads that it cuts. The

patches will have to maintain the road for five years. If the patch fails, then the county

can use the letter of credit to reconstruct and repave the road.

Franklin County will adopt a permit application, which is attached to the ordinance as

Exhibit "A."

Franklin County will adopt a road patch standard, which is attached to the ordinance as

Exhibit "B."

Board Action Requested: A motion adopting the ordinance and authorizing thechairman to sign it.

2. Resolution Adopting County Commission District Boundaries

Attached is a proposed resolution adopting county commission district boundaries. Also

attached is the 2003 resolution establishing the current county commission district

8/3/2019 Dec 20 2011


boundaries. The population variation among the districts is outside the bounds of generallyaccepted safe harbors. However, the resolution I have prepared does not change the countycommission boundaries. They remain the same as the boundaries you adopted in 2003.

Board Action Reqnested: A motion adopting the resolution and authorizing thechairman to sign it.

3. Eastpoint Library Lease Renewal

Last meeting, the Board authorized renewal ofthe lease for the Eastpoint Library, but desiredthat the lease be terminable upon completion of the new library in Eastpoint sometime in2012 so that the county would not pay rent for two library locations there.

However, the landlord has asked for a $500.00 early termination fee. I have no authorityfrom the Board regarding this last request. The landlord has also asked for thirty daysnotice of termination, which is not unreasonable and is consistent with your approval of

the lease.

Board Action Reqnested: I request board direction concerning the landlord's request tobe paid a $500 early termination oflease fee if the new Eastpoint library is completed

during 2012.

Non-Action Items

4. Indian Creek Park/Progress Energy Transmission Line Construction

Progress Energy's subcontractor, Rogers Helicopters, Inc., d/b/a Source Helicopters hasagain asked for permission to make temporary use of a 50'x50' portion ofone of theparking lots at Indian Creek Park as a helicopter landing zone. They desired to

commence midnight December 15,2011 and finish midnight December 19,2011. Iconsulted with the Chairman who authorized the renewal of this temporary use, subject toobtaining a hold harmless and indemnification agreement, along with insurance coverage,

copies ofwhich are attached.

Sincerely,L g . ~ Thomas M. Shuler, Esq.Franklin County Attorney

TMS/kjEnc: as stated

8/3/2019 Dec 20 2011


ORDINANCE 2011-__ _

AN ORDINANCE AMENDING ORDINANCE 99-3, WHICH ESTABLISHES THE

EASTPOINT WATER AND SEWER DISTRICT FRANCHISE, BY RESCINDINGTHOSE PARTS OF ORDINANCE 99-3 GRANTING IT EXCAVATION

PRIVILEGES; REQUIRING PERMITS PRIOR TO FUTURE EXCA VA TIONS;ESTABLISHING CONDITIONAL ROAD PATCH STANDARDS; REQUIRING ANIRREVOCABLE LETTER OF CREDIT OR BOND; PROVIDING FOR

SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, Franklin County enacted Ordinance 99-3, which granted an

exclusive franchise to the Eastpoint Water and Sewer District, (Hereinafter "District")

and

WHEREAS, Section Two ofOrdinance 99-3 granted limited excavation

privileges to the District, but did not specifically require it to obtain a permit from

Franklin County prior to such excavations, although the District is required to obtain

SUCH permits by Ordinance 82-5, and

WHEREAS, the District has questioned the necessity of obtaining permits from

Franklin County, and

WHEREAS, Franklin County is concerned that the best interests of the public in

the efficient administration and preservation of scarce public resources and facilities,including, but not necessarily limited to, paved roads, are not served by the present grant

of the limited excavation privileges to the District as set forth in ordinance 99-3, and

WHEREAS, Franklin County finds that it is in the best interests of the public that

the District's limited grant of excavation privileges as provided in Section Two of

Ordinance 99-3 be revoked and replaced; and

WHEREAS, Franklin County finds that it is in the best interests of the public to

require that the District obtain a permit prior to excavating any county road; and

WHEREAS, Franklin County may allow the District to first patch excavations to

paved county roads instead of reconstructing and repaving them; provided, however, that

if Franklin County reasonably determines that any patch made to the road fails to returnthe road to as good a condition as it was in immediately prior to the excavation, thenFranklin County shall have the right to call upon the irrevocable letter of credit

hereinafter provided for the purposeof

reconstructing and repaving the road to as good acondition as it was in immediately prior to the excavation, and

DRAFT

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WHEREAS, Franklin County finds that requiring an irrecovable letter of credit as

a condition of the permit to secure the expenses reasonably required to return the road to

as good a condition as it was in immediately prior to the excavation serves a valid public

purpose; and

WHEREAS, Franklin County intends to adopt a permit application, and to

establish conditional standards for patching paved roads, subject to the reservationthat

ifthe patch fails to return the road to as good a condition as it was in immediately prior to

the excavation, Franklin County reserves the right to repair and/or reconstruct that part of

the road to return it to as good a condition as it was in immediately prior to such

excavation, including, but not limited to, repaving the road to county road standards, and

WHEREAS, any permit issued which authorizes patching of a paved road(s) is

specifically conditioned on the requirement that such patches shall return the paved road

to as good a condition as it was in immediately prior to the excavation and, if the patches

fail to achieve and maintain that standard for five years, then the applicant shall be

required to reconstruct and repave the road to the standards provided for in the

subdivision ordinance for such length of the excavated road as is reasonably determined

by the county engineer to return the paved road to as good a condition as it was inimmediately prior to the excavation and patching,

NOW THEREFORE, Be It Ordained That:

1. The introductory clauses are incorporated herein by this reference.

2. Section Two ofOrdinance 99-3 is hereby revoked and repealed.

3. The following provision is hereby adopted establishing the limited

excavation privileges granted to the District:

"Limited Excavation Privileges: For the purpose of carrying into effect the

privileges and purposes granted to the District by Ordinance 99-3, the owner of

said franchise is hereby authorized, subsequent to first obtaining a permit from

Franklin County, to make all necessary excavations in said roads, streets,

alleyways and public grounds situated in the said franchise area; provided that

facilities shall be so located or relocated and so erected as to interfere as little as

possible with traffic over said streets, alleys, bridges and public places, and with

reasonable egress from and ingress to abutting property. The District shall not

commence any excavation until after it obtains a permit from Franklin County and

has provided a letter of credit. The location or relocation of all facilities shall be

made in compliance with such rules and regulations as are now or hereinafter may

be imposed by Franklin County. Streets, or portions thereof, so excavated shall

be restored within a reasonable time and as early as practicable after such

excavation, by the District at its sole expense to as good condition as they were

immediately prior to the time of such excavations."

D R ~ F T

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4. The permit application attached hereto as exhibit "A" is hereby adopted

and shall be completed by the applicant prior to commencing excavationactivities. The Franklin County Planning and Zoning Department shall

have 45 calendar days to review the completed application. Failure to

issue a permit within 45 days of receipt of a completed application shall

not automatically result in the approval of the application. In addition to

all other reasonable conditions, Franklin County may condition the

issuance of the permit upon the posting of a bond or irrevocable letter of

credit in an amount sufficient to pay the reasonable cost to Franklin

County if it elects to repair patches made to any paved road and/or if

Franklin County reasonably elects to reconstruct and repave the patched

road as stated in paragraph 5. All permits expire within six months if the

construction authorized by the permit has not commenced.

5. The attached exhibit "B" is hereby adopted and shall be the standard used

to patch cuts made to paved roads; provided, however, that if such patches

fail to cause the road to be restored to as good a condition as it was in

immediately prior to the time of such excavation and patching, then the

county may elect to call upon the applicant's letter of credit to reconstructand re-pave the road so that it is in as good a condition after the

excavation as it was immediately prior to such excavation. The failure of

anyone or more patches in the road to restore it to as good a condition as

it was in immediately prior to the excavation shall include, but not

necessarily be limited to, "bellies" in the pavement surface caused when

the patch sinks below, and is not longer level with, the surface of the uncut

part of the road abutting the cut.

6. All patches made to the paved roads shall be required to maintain the

paved road in as good a condition as it was in immediately prior to the

excavation without failure for a continuous period of no less than fiveyears after the permit is issued.

7. All permits issued for patching roads may be conditioned upon the

issuance of a two year irrevocable letter of credit in an amount to be

determined by the county based on the cost to return the road to as good a

condition as it was in immediately prior to the excavation and patching,

plus ten percent. The letter ofcredit shall provide that it shall

automatically renew for another two year period, unless the financialinstitution shall provide written notice 45 business days prior to the

expiration of its intent not to renew the letter of credit for a further two

year period. At the expiration of the first renewal of the letter of credit,

the letter of credit will be extend one year.

8. All prior ordinances and parts of ordinances in conflict herewith be and

the same are hereby repealed.

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9. This ordinance shall take effect according to law.

Franklin County Board of

County Commissioners

Attest:By:____________ _

Pinki C. Jackel, Its Chairman

Marcia M. Johnson, Clerk of the

Courts

Approved as to legal form

By:_________ _

Thomas M. Shuler

Franklin County Attorney

CRAFT 4

8/3/2019 Dec 20 2011


-------------------

APPLICATION AND PERMIT FOR UTILITY FACILITY ENCROACHMENT

FRANKLIN COUNTY PLANNING DEPT. PERMIT NUMBERF _______Forbes Street, Suite #1, Apalachicola, FL 32320

850-653-9783, Fax 850-653-9799,address:alanp(ii.fairnoint.net

by (print):

(Mailing Address, State, Zip, Phone, Fax)

n to construct, operate and maintain the following described util ity facility installation within the public right of way forRoad in Franklin County, at the following described location:

orth herein. All general anditions shown on the reverse side shall be observed during the installation, operation, and maintenance of said facilities.of utility facility to be installed: (attach sketch)

__--::-_-:-:-_ x__ --:::-:::-=-:-- Trench Outside Pavement____ -,:-- x(Length) (Width) (Length:-:-)-----(Width)

of Bores Under Road_____ Total Length of Bores_____ ,(ft)

of Poles (Wood)___ _ Number of Poles (Steel)_____

of Completion____ Size & Specification of Pipe____ x ____ (Length)

__- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____

it requested this_______ day of______-', 201__

_____ ~ ~ - - ~ ~ ~ ~ ~ - - - - - - - By:____ - = ~ - ~ ~ - ~ ~ ~ - - - - -(Company application is for) (Signature of Company Official)

__________________ Name (Printed or Typed)_____________ _

No. __________ Fax No. ________ Title:

to make the above-described Utility Facility Encroachment in accordance with the plans and conditions including the on the reverse hereof. This permit is to be strictly construed and no work other than that specifically described above is

, subsequent normal maintenance not excepted. granted this day of , 201__ .

BY: ____________________________________COUNTY BOARD

COMMISSION (Director of Administrative Services)

850-653-9783, ext 161 24 Hours prior to beginning work.

__________ Signed_______ ~ ~ - - - - - - - - - - -(Utilities Representative)

FEE IS $50.00 MADE PAYABLE TO FRANKLIN COUNTY

COMPLETION - ORIGINAL TO BE SIGNED BY PERMITrEE AND RETIJRNED TO TIlE PLANNING & BUILDING DEPT.

I of2

DRAFT

http://slidepdf.com/reader/full/address:alanp(ii.fairnoint.net

http://slidepdf.com/reader/full/address:alanp(ii.fairnoint.net

8/3/2019 Dec 20 2011


IS EXPRESSLY STIPULATED THAT THIS PERMIT IS A LICENSE FOR PERMISSIVE USE ONLY AND THE PLACING OF FACILITIES UPONIC PROPERTY PURSUANT TO THIS PERMIT SHALL NOT OPERATE TO CREATE OR VEST ANY PROPERTY RIGHT IN HOLDER.

TWO (72) HOURS, (3 BUSINESS DAYS), PRIOR TO THE INITIATION OF ANY WORK UNDER THIS PERMIT, THE PERMITTEESTATE ONE CALL (800-432-4770) TO DETERMINE THE LOCATION OF ANY AND ALL OTHER INSTALLATIONS FOR

WAY AND SHALL INSTALL, OPERATE AND MAINTAIN THE FACILITIES IN SUCH ATO DAMAGE OR INTERFERE WITH THE OPERATION OF ITS EXISTING FACILITIES.

WHENEVER IT SHALL BECOME REQUISITETO RELOCATE A UTILITY BY REASON OF NECESSITY TO GRADE, WIDEN OR OTHERWISEIN EXISTENCE, THE COST OF SUCH RELOCATION OF THE UTILITY SHALL BE THE EXPENSE OF THE

D THE PERMITTEE FAIL TO REMOVE OR RELOCATE ITS FACILITIES, UPON DUE NOTICE FROM THE COUNTY,

SHALL BE LIABLE FOR ANY EXTRAORDINARY COST OR DAMAGES INCURRED BY FRANKLIN COUNTYASA 'RESULT THEREOF.PERMITTEE AGREES TO INDEMNIFY AND HOLD HARMLESS FRANKLIN COUNTY AND ALL OFFICERS, EMPLOYEES OR AGENTS OF

ANY AND ALL CLAIMS, DAMAGES, DEMANDS, ACTIONS, CAUSES OFAND EXPENSES OF WHATSOEVER NATURE, WHICH MAY RESULT FROM ANY INJURY TO,OR THE DEATH OF ANY PERSONS, OR

AGE TO, PROPERTY OF ANY KIND OR NATURE, WHEN SUCH INJURY, DEATH LOSS OR DAMAGE ARISES OUT OFOR RELOCATION OF THE FACILITIES COVERED BY THIS PERMIT.

FRANKLIN COUNTY, ITS ENGINEERS, OFFICERS OR EMPLOYEES SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR INJURY ORTO FACILITIES COVERED BY THIS PERMIT, OR TO ANY CONNECTIONS THERETO, BY REASON OF COUNTY

AND CONSTRUCTION ACTIVITIES OR COUNTY CONTRACTOR OR PERMITTEE OPERATIONS. FRANKLIN COUNTY'S CONTRACTORBE HELD LIABLE FOR ANY DAMAGE THAT MAY OCCUR TO UTILITY FACILITIES IF THE PERMITTEE HAS BEEN NOTIFIED OF A

MARK OR RELOCATE ITS FACILITIES BUT HAS FAILED TO DO SO.IF FRANKLIN COUNTY HEREAFTER UNDERTAKES TO IMPROVE THIS ROADWAY OR OTHER COUNTY OWNED FACILITIES rrSHALLBE

THE PERMITTEE TO PLAN WITH FRANKLIN COUNTY AND ITS CONTRACTOR A SCHEDULE WHICH WILL CLEARLY SETAT WHICH STATE OF OPERATIONS THE PERMITTEE WILL BE REQUIRED TO PERFORM ANY ADJUSTMENT TO ITS FACILITIES

TO ACCOMMODATE THE COUNTY IMPROVEMENTS.DURING THE INITIAL INSTALLATION OR CONSTRUCTION OF FACILITIES AUTHORIZED BY THIS PERMIT, OR DURING ANY FUTURE

THE PERMITTEE SHALL, AT ALL TIMES, MAINTAIN

IN ACCORDANCE WITH THE MANUAL ON UNIFORM TRAFFICMAY BE NECESSARY TO PROPERLY PROTECT TRAFFIC UPON THE ROADWAY AND TO WARN AND SAFEGUARD THE

IT IS THE PERMITTEE'S RESPONSIBILITY TO VERIFY THE LIMITS OF PUBLIC RIGHT OF WAY AND PERFORM LAND SURVEYING IF

NO INHERENT OR RETAINED RIGHT OR PRIVILEGE OF ANY ABUTTING PROPERTY OWNER IS AFFECTED BY THIS PERMIT NOR ISTHE PERMITTEE AND ANY PROPERTY OWNER

THE USE OF THE RIGHT OF WAY. PERMITTEE IS RESPONSIBLE FOR MAINTAINING REASONABLE ACCESS TO PRIVATErrs FACILITIES AND FOR RESTORATION OF DRIVEWAYS, GRASSING, OR LANDSCAPING TO THE

THE PERMITTEEWILL BE REQUIRED TO REPLACE ANY DISTURBED AREA WITH "IN KIND" MATERIALS THROUGHOUTAREA UNLESS A SATISFACTORY REPLACEMENT IS APPROVED BY THE COUNTY AND ABUTTING PROPERTY OWNERS.

APPROVAL OF THIS PERMrr DOES NOT CONSTITUTE APPROVAL OF DESIGN OR CONSTRUCTION DETAILS FOR THE PROPOSEDPERMITTEE IS RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE GOVERNMENT CODES AND REGULATION.

USE OF EXPLOSIVES WITHIN THE COUNTY RIGHT OF WAY IS PROHIBITED UNLESS APPROVED BY SEPARATE PERMIT.PERMITTEE SHALL BE RESPONSIBLE FOR OBTAINING APPROVALS FOR THE PROPOSED INSTALLATION, WHICH MAYBE REQUIREDBY

OR STATE GOVERNMENT OR AGENCY ON ROADS OR STREETS UNDER THEIR JURISDICTION.PERMITTEE SHALL GIVE FRANKLIN COUNTY A MINIMUM OF 24 HOURS NOTICE PRIOR TO BEGINNING ANYWORKUNDER THIS PERMrr.THIS PERMIT SHALL BE VOID UNLESS WORK HEREUNDER IS BEGUN WITHIN THIRTY (30) DAYS OF THE DATE OF ITS APPROVAL

THE CONDITIONS OF THIS PERMrr ARE REGULATORY AND NOT CONTRACTUAL. NO INTEREST OR RIGHTOF A PERMfTTEE GRANTEDBE TRANSFERRED TO ANOTHER EXCEPT BY WRfTTEN CONSENT OF FRANKLIN COUNTY.

THIS PERMIT MAY BE REVOKED AT THE DISCRETION OF FRANKLIN COUNTY UPON FIVE (S) DAYS WRITTEN NOTICE TO THE

ANY UTILITY CUT MADE WITHIN THE ROADBED OF ANY COUNTY ROAD SHALL BE REPLACED BY PERMfTTEE AS SHOOWN BY FDOTDETAILS" INDEX 307. IN ADDITION SAID CUT SHALL BE PLATED UNTIL SUCH TIME AS THE CONCRETE HAS CURED TO

N COMPRESSIVE STRESS AND PROMPTLY ASPHALTED. ALL UTILITYTRENCHES SHALL BE COMPACTED IN NINE (9) INCH LAYERSWrrHA

THE THEORETICAL MAXIMUM DRY DENSITY.PERMITTEE SHALL BE RESPONSIBLE FOR OBTAINING ANY OTHER STATE AND FEDERAL PERMITS NECESSARY FOR WORK

MED UNDER THIS PERMIT.THE PERMITTEE'S ATTENTION IS DRAWN TO THE REQUIREMENTS OF THE FLORIDA SEDIMENTATION AND EROSION CONTROL ACT. IF

TO THOSE REQUIREMENTS ARE NOT MET, THE COUNTY HAS THE AUTHORITY TO REVOKE THIS PERMrr.THE COUNTY ENGINEER WILL NOT APPROVE ANY PERMrr FOR THE INSTALLATION OR RELOCATION OF AN UNDERGROUND UTILITY

MOST PORTION OFTHE CONDUIT, CABLE, WIRE, PIPE, OR OTHER FEATURE IS LESS THAN 30 INCHES BELOW THE SURFACE AT THE TIME OF COMPLETION OF THE INSTALLATION, NOR SHALL HE PERMIT INSTALLATION OR RELOCATION OF AN

WHERE ANYABOVE GROUND FIXTURE, POLE, PEDESTAL, OR FEATURE IS NOT BEHIND THE DITCH IN A RURAL SECTION,

of2 DRAFT

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CUT EXISTING PAVEMENT SURFACE REPLACEMENTAND REMOVE 4" LlMEROCK BASE(W) + 4'

MECHANICALLY TAMPED TO

98% MAX. DENSITY AS PERCONSTRUCT A FLUSH JOINT

AASHTO T-180WITH NEW ASPHALT

1--- - TRENCH (W) - - - - I EXISTING PAVEMENT

2" S.P.9.S

,

6" LlMEROCK BASE

MECHANICALL Y TAMPED TOMATERIAL Y'XISTING BASE98% MAX DENSI TY AS PER

SELECT BACKFILL MECHANICALLY AASHTO T-180

TAMPED IN 6" LIFTS TO 98% MAX

DENSITY AS PER AASHTO T 180

UNDISTURBED SOIL - - - - ...

12" i - - MIN. I

PIPE DIAMETER VARIES

DETAIL REMOVAL AND REPLACEMENT OF ASPHALT

PAVING AT ROADWAY CROSSINGSSCALE: N.T.S.

DRAFT

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RESOLUTION OF THE FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS

ADOPTING BOUNDARIES FOR COMMISSION DISTRICTS

Whereas, Article 8, Section 1 e) of the Florida Constitution, requires that after

each decennial census that the board of county commissioners shall consider the census

to determine whether the existing county commission districts divide the county intodistricts of contiguous territory as nearly equal in population as practicable, and

Whereas, §124.01, Florida Statutes (2010), requires that changes, if any, made in

the boundaries of existing county commission districts shall be made only in odd-numbered years, and

Whereas, §124.02, Florida Statutes (2010), requires the publication of a certified

copy of the resolution adopting boundaries for county commission districts, and

Whereas, §124.03, Florida Statutes (20 10), requires that the Clerk of the Courtsfurnish to the Department of State a certified copy of the minutes and legal description of

the boundaries of the county commission districts,

IT IS HEREBY RESOLVED THAT:

1. This being the first odd numbered year subsequent to receipt of the 2010

census information, the legal descriptions of the boundaries of the five county

commission districts are shown on the attached two page composite exhibit"A," which is incorporated herein by this reference.

2. The population within each district is:

District One: 2045District Two: 1866District Three: 1830

District Four: 1748

District Five: 2245

3. The Clerk of the Courts shall publish a copy of this resolution in a local

newspaper of general circulation once a week for two weeks and spread upon

its official minutes a copy ofthis resolution and the proof of publication.

4. The Clerk of the Courts shall furnish to the Department of State a certified

copy of the minutes at which this resolution was adopted and this resolution.

Adopted this the 20th

day ofDecember, 2011.

DRAFT 1

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Franklin County, a political

subdivision of the State ofFlorida

Pinki C. Jackel, ChairmanClerk of the Courts

Marcia M. Johnson

Approved as to legal form

Thomas M. Shuler, County Attorney

DRAFT 2

8/3/2019 Dec 20 2011


This line separates District I from Districts 3 and 4

Commence at the point of intersection of the line of demarcation and the middle of West Pass between S1.

George Island and S1. Vincent Island in Franklin County, Florida, thence in a northeasterly direction to thecenterline of the mouth of the Apalachicola River; thence in a Northerly direction along the centerline of theApalachicola River to the GulfCounty Line at the convergence of the Apalachicola River and Jackson River.

This line separates District 3 from District 4

Commence at the point of intersection of the centerline of the Apalachicola River and an extension of thecenterline of Avenue E of Apalachicola, Florida, if said centerline was extended in a continuation of saidcenterline northeastward to the centerline of the Apalachicola River; from said point of commencement, runthence southwesterly along the said centerline of Avenue E to the Western city limits of the City of

Apalachicola, Florida to a point; from that point then run North along the Western city limits of said City toits intersection with the centerline of the Apalachicola River.

This line separates District 5 from District 2

Commence at the intersection of the line of demarcation and the centerline of East Pass between Dog Islandand S1. George Island. Franklin County, Florida thence in a northerly direction to the mid-point of theIntercostal channel; thence in a northeasterly direction along the Intercostal channel to the centerline of the

mouth ofthe Carrabelle River; thence along the said centerline of the Carrabelle River to its intersection withthe centerline of Avenue B South of the City of Carrabelle, Florida, if said centerline were extended to thecenterline of the Carrabelle River; thence East along the centerline ofAvenue B South to its intersection withthe centerline ofMarine Street; thence North along the centerline of Marine Street to the centerline ofA venueA North; thence West along the centerline ofAvenue A North to its intersection with the centerline of 151 StreetWest; thence North along the centerline of 15

' Street West to the South boundary ofSection 18. Range 4 West,Township 7 South, Franklin County, Florida, thence West along said section line, not the city limit line, to itsintersection with the centerline of the Carrabelle River; thence in a southwest direction to the centerline of theNew River; thence North along the centerline of the New River to the Franklin County line.

This Line Separates Districts 3 and 4 from District I, and District I from District 5

Commence at the intersection of the I ne of demarcation and the middle of East Pass between Dog Island andSt. George Island; Franklin County. Florida; thence in a northerly direction to the midpoint of the Intercostal

Channel; thence in a westerly direction to the point of intersection of the high water mark on the north shoreof St. George Sound and the extension of the center line of Fourth Street in Eastpoint if Fourth Street wasextended southward to the high water mark on the north shore of St. George Sound; thence northward alongaforesaid extension and Fourth Street until it becomes Otter Slide Road; thence in a northerly direction alongthe center line of Otter Slide Road to where the grade stops; thence North to the north line of Section 20,Township 8 South, Range 6 West; thence East along the north line of Section 20 to the northeast corner ofSection 20, Township 8 South, Range 6 West; thence north along the east lines of Sections 17,8 and 5 to thenortheast corner of Section 5, Township 8 South, Range 6 West; thence West along the north line ofTownship8 South to its intersection with the GulfCounty line in the Apalachicola River

Exhibit "A" Page 1 of2

DRAFT

8/3/2019 Dec 20 2011


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.

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. . n... -1

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86

Exhibit "A" Page 2 of2

DRAFT

8/3/2019 Dec 20 2011


RESOLUTIONOF TIlE

FRANKLIN COUNTY BOARD OF COUNTY COMMISSIONERS

WHEREAS, §124.0 I, Florida Statutes (2002), requires that the five county commission

districts be as nearly equal in proportion to population as possible. and

WHEREAS, §124.01, Florida Statutes (2002), also requires that changes made in the

boundaries of county commission districts shall be made only in odd-numbered years, and

WHEREAS, Article 8, Section ICe), Florida Constitution, requires after each decennial

census the board of county commissioners shall divide the county into districts of contiguous

territory as nearly equal in population as practicable, and

WHEREAS, the Franklin County Board of County Commissioners received the corrected

2000 decennial census in 2002, and

WHEREAS, the corrected 2000 census shows that Franklin County has a population of

9,828 people, and

WHEREAS, the corrected 2000 census shows the following popUlations within the

commissioner districts:1 ~ 1 0 2 0 0 3 0 9 1 9 i ? Dlh:II/WCOIl3 TilrI12:5C

Q ( ~ . K t l l d d l lIadr,fRANKLJI County 8:165 P:148District I: 2,081

District 2: 1,627

District 3: 1,305

District 4: 2,514

District 5: 2,301

WHEREAS, §124.02, Florida Statutes (2002), requires publication of a certified copy of

the changed commissioner districts in a local newspaper of general circulation once a week for

two weeks and that proof of such publication shall be made part of the official board minutes,

and

WHEREAS, §124.03, Florida Statutes (2002), requires the Clerk to furnish the

Department of State with a. certified copy of the minutes and legal description of the changed

commissioner districts,

IT IS HEREBY RESOLVED THAT:

1. This being the first odd numbered year subsequent to receipt of the corrected 2000

decennial census, the five county commission districts for Franklin County shall

be amended as described hereinbelow so that they are as nearly equal in

proportion to population as possible.

2. The changed commissioner districts populations are:

A. District 1: 2,081

B. District 2: 1,872

C. District 3: 1,844

D. District 4: 1,975

E. District 5: 2,056

3. The Clerk of Court shall publish a certified copy of this resolution in a local

newspaper of general circulation once a week for two weeks and spread upon its

official minutes a copy of this resolution and the proof of publication.

4. The Clerk of Court shall furnish to the Department of State a certified copy of the

minutes at which the commissioner districts were changed and this resolution.

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5. The legal description oftne changed commissioner districts and an illustrativedrawing follows:

This line separates District 1 from Districts 3 and 4

Commence at the point of intersection of the line ofdemarcation and the middle of West Pass

between St. George Island and St. Vincent Island in Franklin County, Florida, thence in a

northeasterly direction to the centerline of the mouth of the Apalachicola River; thence in a

Northerly direction along the centerline of the Apalachicola River to the GulfCounty Line at theconvergence of the Apalachicola River and Jackson River.

This line se,parates District 3 from District 4

Commence at the point of intersection of the centerline of the Apalachicola River and an

extension of the centerline of Avenue E ofApalachicola, Florida if said centerline was extended

northeastward to the centerline of the Apalachicola River; thence southwesterly from the point of

commencement along the centerline of A venue E to the city limits of Apalachicola, Florida;

thence north along the city limits to its intersection with the centerline of the Apalachicola River.

This line S!(Parates District 5 from District 2

Commence at the intersection of the line of demarcation and the centerline of East Pass between

Dog Island and st . George Island, Franklin County, Florida thence in a northerly direction to the

mid-point of the Intercostal channel; thence in a northeasterly direction along the Intercostalchannel to the mouth of the Carrabelle River; thence along the centerline of the Carrabelle River

to its intersection with the centerline of Avenue B South City of Carrabelle, Florida if said

centerline were extended to the centerline of the Carrabelle River; thence East along the

centerline of Avenue B South to its intersection with the centerline of Marine Street; thence

North along the centerline ofMarine Street to the centerline of A venue A North; thence West

along the centerline of Avenue A North to its intersection with the centerline of I" Street West;

thence North along the centerline of I" Street West to the South boundary of Section 18, Range 4

West, Township 7 South, Franklin County, Florida, thence West along said section line, not the

city limit line, to its intersection with the centerline of the Carrabelle River; thence in a southwest

direction to the centerline of the New River; thence North along the centerline of the New River

to the Franklin County line.

This Line Separates Districts 3 and 4 from District 1 and District I from District 5

Commence at the intersection of the line of demarcation and the middle of East Pass between

Dog Island and St. George Island; Franklin County, Florida; thence in a northerly direction to the

midpoint of the Intercostal Channel; thence in a westerly direction to the point of intersection of

the high water mark on the north shore of St. George Sound and the extension of the center line

of Fourth Street in Eastpoint if Fourth Street was extended southward to the high water mark: on

the north shore of St. George Sound; thence northward along aforesaid extension and Fourth

Street until it becomes Otter Slide Road; thence in a northerly direction along the center line of

Otter Slide Road to where the grade stops; thence North to the north line of Section 20,

Township 8 South, Range 6 West; thence East along the north line ofSection 20 to the northeast

comer of Section 20, Township 8 South, Range 6 West; thence north along the east lines of

Sections 17,8 and 5 to the northeast comer of Section 5, Township 8 South, Range 6 West;

thence West along the north line of Township 8 South to its intersection with the Gu lf County

line in the Apalachicola River.

6. The changed commissioner districts shaIl be implemented upon approval of theCourt in WilliamS et al. Vs. Franldin County. Florida et ai, TCA-84-7262-WS,

United States District Court, Northern District of Florida, Tallahassee Division.

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JOHN F. THRONE & CO. INSllRANCIi MARKETl'liG. INC.

CERTIFICATE OF INSURANCE

CERTIFICATE HOLDERS: FRANKLIN COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA33 MARKET STREET, SUITE 201

APALACHICOLA, FLORIDA 32320

NAMED INSURED: ROGERS HELICOPTERS, INC., AND TGR HELICOPTERS, ET ALP.O. BOX 4CLOVIS, CA 93613

POLICY PERIOD: 01/31/11 to 01/31/12INSURANCE COMPANY(lES): NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA THROUGH CHARTIS AEROSPAC

INSURANCE SERVICES, INC. (35%) AND FOLLOWING MARKETS AS ON FILE

AIRCRAFT LIABILITY COVERAGE LEAD POLICY NO.: FV3224786-17WITH RESPECT TO: ALL SCHEDULED AIRCRAFT

LIABILITY COVERAGES LIMITS OF LIABILITYEACH PERSON EACH OCCURRENCE

Bodily Injury Excluding PassengersProperty DamagePassenger Bodily Injury

Single Limit !n.cluding Passengers,With Passenger Liability Limited To

$

$XXXX

$

$XXXX$

$

$

$

$25,000,000.$XXXX

AVIATION COMMERCIAL GENERAL LIABILITY COVERAGE LEAD POLICY NO: FG4792153-17

LIABILITY COVERAGES:General Aggregate LimitEach Occurrence LimitProducts/Completed Operations Aggregate LimitPersonal & Advertising Injury Aggregate LimitPremises Medical Payments (anyone person)Fire Legal Liability (anyone fire)Hangarkeepers Liability

Hangarkeepers Deductible

LIMITS OF LIABIN/A$25,000,000.$25,000,000.$25,000,000.$5,000.$500,000.$25,000,000.$5,000.

LITY

each aircraft

each aircraft

$25,000,000. each loss

OTHER COVERAGES/CONDITIONS/REMARKS:• The Certificate Holder is included as an Additional Insured on liability coverage(s), but only with respect to operations of the Named

Insured.

THIS CERTIFICATE DOES NOT CHANGE IN ANY WAY THE ACTUAL COVERAGES PROVIDED BY THE POLlCY(IES) SPECIFIED ABOVE.

CERTIFICATE NO: 211

DATE: 12/15/11

Two Union Square, 601 Union Street. Suite 4551 • Seattle, WA 98101-2362 -Tel: (206) 622-3636 - Fax: (206) 623-6286CA BROKER NO. 0860818

8/3/2019 Dec 20 2011


UNLIMITED AN D IRREVOCABLE HOLD HARM LESS AND INDEMNIFICATION AGREEMENT

Rogers Helicopters. Ino., a California company, whose address is 5508 EastAircorp Way, Fresno. CA 93727 (559-299-4903) and who is also doing business inFlorida as Source Helicopters, 9812-54

thStreet, Tampa. Florida 33617 (727-858 w 8079

Bill Nichols), (Hereinafter "the Company") in consideration of these mutual promises,$10.00, and other valuable consideration. the receipt and suffiCiency ofwhich are all

acknowledged. hereby indemnifies and holds h a r m l e s s ~ Franklin County, a politicalsubdivision of the State of Florida, 33 Market SO'oot. Suite 201, Apalachicola, Florida

32320, from any and all environmental hazards and clean-up costs, claims, losses,property damages, personal damages and injuries. deatb(s), demands Or rights of action,either in tort or contract, which are in any manner related to, Or caused by, theCompany's use of a fifty foot wide by fifty foot long part of Indian Creek Park,

Eastpoint, Florida, as a helicopter landing zone, flights into or away from the landingzone, or while the helicopter is on the ground or in the air at anytime.

This unlimited and irrevocable hold harmless and indemnification agreement shall

survive the expiration of the Company's right to use the park. which use begins atmidnight December 15,2011, and ends at midnight on December 19,2011; provided thatsuch use shall not commence until after a fully signed oopy hereof is delivered to l'homasM Shuler, Esquire, County Attorney, 404

th Street, Apalachicola. Florida 32320 (850

653-1757 phone) (850·653-8627 fax), together with a copy of the certificate of insurance

naming Franklin County as an additional insured.

Franklin County shall have no liability or responsibility to the Com.pany. Or anythird party, due to the Company's use of the county's park as a helicopter landing zone,flights into or away from the landing zone or while the helicopter is on the ground or in

the air at anytime. .The Company agrees that this unlimited and irrevocable hold hannless andindemnification agreement is being given by Rogers Helicopters, Inc., the parent

company. which is also doing business as Source Helicopters and by Source Helicopters.

The Company understands and agrees that Franklin County's rights under thishold harmless and indemnification agreement shaB not be limited to, or in any mannersubject to, or restricted by. the issuance of a certificate of insurance by the Company'sinsurance company to Franklin County as an additional insured. Such insurancecoverage shall not be in substitution at: or limit in any manner, the rights given to

Franklin County by this hold hamiless and indemnification agreement. FranklinCounty's rights hereunder shall be in addition to the insurance coverage provided to it by

the Company.

E0/10 39\;;1d S ~ 3 1 d O O I l 3 H S ~ 3 9 0 ~

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It is a specific condition ofthe Company's use of the temporary landing zone atIndian Creek Park that it shall at an times set-up, operate and secure it according to thestandards accepted in the industry. It being a further condition that the Company shallnot at anytime interfere with or block the use of the boa.t ramp at Indian Creek Park and

that the Company shall restrict itself to the South East comer of the parking lot on thel e f t ~ h a n d side of the park. after you turn into the park from South Bay Shore Drive. TheCompany shall ensure that the part of the park used by it shall be broom clean and all thetrash picked up at the conclusion of their use.

The Company agrees that the delivery of a signed copy hereof shall have the samefull force and aft'ect as that ofa signed original.

The undersigned represents and warrants that he is authorized by the Company tobind it to this unlimited and irrevocable hoJd harmless and indemnification agreement.

The laws of the State ofFlorida govern, and venue shall exclusively be inFranklin County, Florida, notwithstanding the diversity of the parties or any theory of

forum non conveniens.

Rogers Helicopters, Inc. d/b/a Source

Helicopters

STATE OF CALlFORNIAC O U N T Y O F ~ ~ ~ t ~ e = ~ ~ o ~ d

______

The foregoing instrument as acknowledged before me by Robin Rogers, asPresident ot'Rogers Helicopters, Inc. and who is either cIDersonally known to me orL) whoproduced__ ~ " ! , , , ! " " , , ~ _____ __ _______ _

as identification on this the -'4- dayof 2011.

(Notary Seal)

qi;;l;cko S ~ l

Print/type notaryname and number

2

£0/(;0 39'V'd S ~ 3 1 d 0 8 1 1 3 H S ~ 3 9 0 ~ 0P(;9(;6(;699

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STATE OF CALJ,fORNIACOUNTY OF I-y ("$/2 ()

The foregoing instrwnent as acknowledged before me by Robin Rogers, asPresident of Rogel'$ Helicopters, Inc. d/b/a Source Helicopters and who is either c::::r

personally known to me or who produced- - : - : - - - = - - - - ~ - - _ r : : _ - ~ _ - _ - - - - - - - - - - - - - as identification on this the: t ;L day

of20ll.

(Notary Seal)

Documents

Dec 20 2011