295
SUGGESTED A G . TAYLOR COUNTY BOARD OF COUNTY COMMISSIOIWRS PERRY, FLORIDA MONDAY, JANUARY 3, 2011 5:30 P.M. 201 E. GREEN STREET TAYLOR COUNTY C0T;TRTHOUSE ANNEX OLD POST OFFICE COMPLEX NOTICE IS HEREBY GIVEN, PURSUANT TO FLORIDA STATUTES 286.0105, THAT ANY PERSONS DECIDING TO APPEAL ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE MEETING AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. Prayer 2. Pledge of Allegiance - - 3. Approval of agenda 4. Approval of Minutes of September 21, 28, October 4, 19, 21, 25, 26, November 1 and 16, 2010. COMWZNTS AND CONCERNS ElROM THE PUBLIC FOR NON-AGENDAED CONSENT ITEMS: 5. THE BOARD TO CONSIDER REMOVAL OF FIXED ASSETS FROM COUNTY INVENTORY, AS SUBMITTED BY GARY KNOWLES, D.C. 6. THE BOARD TO CONSIDER APPROVAL OF EMERGENCY MANAGEMENT DEPARTMENT OF HOMELAND SECURITY GRANT AGREEMENT, AS AGENDAED BY LAWANDA PEMBERTON, ASSISTANT COUNTY ADMINISTRATOR. 7. THE BOARD TO CONSIDER APPROVAL OF REVISED ANIMAL CONTROL POLICIES, AS AGENDAED BY JOHN SINGER, ENVIRONMENTAL SERVICES DIRECTOR.

SUGGESTED AG. MONDAY, JANUARY E. GREEN STREET Agendas/2011/AG 01_03_2011.pdf · Approval of agenda 4. Approval of Minutes of September 21, 28, October ... mopd 01 JJ,J~L~SNO~ mq laqo

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Page 1: SUGGESTED AG. MONDAY, JANUARY E. GREEN STREET Agendas/2011/AG 01_03_2011.pdf · Approval of agenda 4. Approval of Minutes of September 21, 28, October ... mopd 01 JJ,J~L~SNO~ mq laqo

SUGGESTED A G .

TAYLOR COUNTY BOARD OF COUNTY COMMISSIOIWRS PERRY, FLORIDA

MONDAY, JANUARY 3, 2011 5:30 P . M .

201 E . GREEN STREET TAYLOR COUNTY C0T;TRTHOUSE ANNEX

OLD POST OFFICE COMPLEX

NOTICE IS HEREBY GIVEN, PURSUANT TO FLORIDA STATUTES 286.0105, THAT ANY PERSONS DECIDING TO APPEAL ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE MEETING AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.

1. Prayer

2. Pledge of Al leg iance - -

3. Approval of agenda

4. Approval of Minutes of September 21, 28, October 4, 19, 21, 25, 26, November 1 and 16, 2010.

COMWZNTS AND CONCERNS ElROM THE PUBLIC FOR NON-AGENDAED

CONSENT ITEMS:

5. THE BOARD TO CONSIDER REMOVAL OF FIXED ASSETS FROM COUNTY INVENTORY, AS SUBMITTED BY GARY KNOWLES, D.C.

6. THE BOARD TO CONSIDER APPROVAL OF EMERGENCY MANAGEMENT DEPARTMENT OF HOMELAND SECURITY GRANT AGREEMENT, AS AGENDAED BY LAWANDA PEMBERTON, ASSISTANT COUNTY ADMINISTRATOR.

7. THE BOARD TO CONSIDER APPROVAL OF REVISED ANIMAL CONTROL POLICIES, AS AGENDAED BY JOHN SINGER, ENVIRONMENTAL SERVICES DIRECTOR.

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8. THE BOARD TO HOLD A PUBLIC HEARING, SET FOR THIS DATE AT 6:10 P.M., OR AS SOON THEREAFTER AS POSSIBLE, ON THE PASSAGE OF A PROPOSED ORDINANCE CREATING THE TAYLOR COUNTY RECREATION ADVISORY BOARD (TCRAB) .

9. THE BOARD TO CONSIDER APPROVAL OF INVOICE, IN THE AMOUNT OF $25,000, FOR EMERGENCY MEDICAL SERVICES (EMS) FOR THE MONTH OF DECEMBER 2010, AS SUBMITTED BY DOCTORS1 MEMORIAL HOSPITAL (DMH) .

PUBLIC REQUESTS:

10. JOSHUA EATON, FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), TO APPEAR TO REQmST APPROVAL OF TEMPORARY EASEMENT WITH FDOT ALONG THE AUCILLA LANDING ROAD ASSOCIATED WITH THE PROPOSED AUCILLA RIVER BRIDGE REPLACEMENT.

11. UNITED WAY REPRESENTATIVES TO APPEAR TO PRESENT EXECUTIVE SUl&lARY FOR 2009-2010 AND 2010-2011 HUMAN SERVICES GRANT PROGRAM DISTRIBUTION TO THE BOARD.

COUNTY STAFF I - :

12. THE BOARD TO CONSIDER APPROVAL OF AMENDMENT NUMBER ONE (1) TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING, PLANNING, DESIGN AND CONSTRUCTION MANAGEMENT SERVICES WITH AVCON, INC., AS AGENDAED BY MELODY COX, GRANTS COORDINATOR.

13. THE BOARD TO CONSIDER APPROVAL OF SATISFACTION OF SECOND MORTGAGE FOR FLORESTINE POWELL AND JONATHAN REYNOLDS, AS AGENDAED BY THE GRANTS COORDINATOR.

14. THE BOARD TO DISCUSS THE UPCOMING FUNDING CYCLE FOR THE 2010-2011 LAND WATER CONSERVATION GRANT PROGRAM (LWCG), AS AGENDAED BY THE GRANTS COORDINATOR.

COUNTY 24DMINISTRATOR ITEZW :

ADDITIONAL COMMENTS AND CONCERNS EROM THE PVBLIC FOR NON-AGElWAED ITEMS:

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BOARD INFORMATIONAL ITEBB :

Examination and approval of invoices

Motion to adjourn

FOR YOVR INFORMATION:

THE AGENDA AND ASSOCIATED DOCUMENTATION, IF APPLICABLE, IS AVAILABLE TO THE PUBLIC ON THE FOLLOWING WEBSITE:

www.taylorcountygov.com

IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT LAWANDA PEMBERTON, 201 E . GREEN STREET, PERRY, FLORIDA, 850-838-3500, EXT . 7, WITHIN TWO (2) WORKING DAYS OF THIS PROCEEDING.

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Book Type[ BOCC I Date[ 9/21/2010 I Time[ 6:00 P.M. Book#[ 56 I Minutes#[ 15 I Meeting-Type [ REGULAR

BOARD OF COUNTY COMMISSIONERS

TAYLOR COUNTY, FZORIDA

COURTHOUSE ANNEX

M I N U T E S

TUESDAY, SEPTEMBER 21, 2010

6:00 P.M.

THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, MET IN

REGULAR SESSION ON THE ABOVE DATE.

PRESENT WERE MARK WIGGINS, CHAIRMAN, LONNIE HOUCK, PATRICIA

PATTERSON, MALCOLM PAGE AND RUDOLPH PARKER, A FULL BOARD BEING

PRESENT. COUNTY ATTORNEY, CONRAD BISHOP, WAS ALSO PRESENT.

COMMISSIONER HOUCK LED THE BOARD IN PRAYER, FOLLOWED BY PLEDGE OF

ALLEGIANCE TO THE FLAG. THE BOARD WAS TEIENEIEN CALLED TO ORDER BY

CHAIRMAN WIGGINS, AND BUSINESS TRANSACTED AS FOLLOWS:

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

HOUCK, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE AMENDED AGENDA

FOR THIS DATE, AS FOLLOWS:

1. TABLE ITEM NO. 20., KAREN TIDWELL, TAYLOR MEDICAL CENTER AND

TAYLOR DENTAL CENTER, TO APPEAR TO PRESENT QUARTERLY REPORT TO

THE BOARD.

2. TABLE ITEM NOS. 29., THE BOARD TO CONSIDER APPROVAL OF AN

APPLICATION TO AMEND THE LAND DEVELOPMENT CODE REGULATING

RECREATIONAL VEHICLE DENSITY ON A LOT OR PARCEL, AS AGENDAED BY

DANNY GRINER, COUNTY BUILDING OFFICIAL,

AND 30., THE BOARD TO CONSIDER APPROVAL OF AN APPLICATION TO AMEND

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THE LAND DEVELOPMENT CODE REGULATING SETBACKS FOR RECREATIONAL

VEHICLES ON A LOT OR PARCEL, AS AGENDAED BY THE COUNTY BUILDING

OFFICIAL, UNTIL THE BOARD'S REGULAR WORKSHOP ON TUESDAY,

SEPTEMBER 28, 2010AT 3:00 P.M.

3. MOVE ITEM NO. 19. , STEVE MINNIS , GOVERNMENTAL AFFAIRS DIRECTOR

FOR SUWANNEE RIVER WATER MANAGEMENT DISTRICT (SWRMD) , TO APPEAR

TO PRESENT PAYMENT IN LIEU OF TAXES TO THE BOARD, TO 4-A.

COMMISSIONER PATTERSON ACCEPTED A LETTER OF APPRECIATION AND A

CERTIFICATE FROM THE U.S. CENSUS BUREAU ON BEHALF OF THE CENSUS

2010 COMPLETE COUNT COMMITTEE. COMMISSIONER PATTERSON STATED THAT

ALL CENSUS WORKERS WILL RECEIVE A COPY OF THE CERTIFICATE.

STEVE MINNIS, GOVERNMENTAL AFFAIRS DIRECTOR FOR SUWANNEE RIVER

WATER MANAGEMENT DISTRICT (SWRMD) , APPEARED TO PRESENT PAYMENT IN

LIEU OF TAXES TO THE BOARD. MR. MINNIS ADVISED THAT A WATER

ASSESSMENT SUPPLY ASSESSMENT MEETING WILL BE HELD ON OCTOBER 19,

2010 AT 7:00 P.M.

COMMENTS AND CONCERNS FROM TWZ PUBLIC FOR NON-AGENLIAED ITEMS:

KENNETH HUTCHINS APPEARED AND ADVISED THE BOARD THAT THE A.C.L.U.

HAS FILED A SUIT IN FEDERAt COURT CBW.ENGING PRAYER IN PUBLIC

MEETINGS. DR. HUTCHINS STATED THAT HE WILLKEEP THE BOARD INFORMED

ON THIS ISSUE.

CONSENT ITEMS:

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

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PARKER, AND BY UNANIMOUS VOTE, THE BOARD APPROVED CONSENT ITEM NOS.

FIVE (5) THROUGH SIXTEEN, AS FOLLOWS :

5. THE APPROVAL OF THE CERTIFICATION OF ACCEPTANCE OF THE FLORIDA

DEPARTMENT OF LAW ENFORCEMENT (FDLE) JUSTICE ASSISTANCE GRANT,

FOR FY 2010-2011, IN THE AMOUNT OF $85,839,- AGENDAED BY

MELODY COX, GRANTS COORDINATOR.

CERTIFICATE OF ACCEPTANCE IS AS FOLLOWS:

Page 7: SUGGESTED AG. MONDAY, JANUARY E. GREEN STREET Agendas/2011/AG 01_03_2011.pdf · Approval of agenda 4. Approval of Minutes of September 21, 28, October ... mopd 01 JJ,J~L~SNO~ mq laqo

State o f Florida Office of Criminal Justice Grants

Florida Department of Law Enforcement 2331 Phillips Road

Tallahassee, Florida 32308

CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD

The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 201 1-JAGC-TAYL-1-82-019, in the amount of $85,839.00, for-a project entitled, TAYLOR COUNTY DRUG ERADICATION TASK FORCE, for the period of 101011201 0 through 09130/2011, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant.

71x- ., "{K (Signature of subgra=e1s Authorized Official)

Mark Wigg ins , Cha i rman

(Typed Name and Title of Official)

T a y l o r C o u n t y B o a r d o f Commiss ioners

(Name of Subgrantee)

September 21, 2010

(Date of Acceptance)

I

Rule Reference 11 D-9.006 OCJG-012 (Rev. October 2005)

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6. THE APPROVAL OF TASK ORDER N0.9 WITH AVCON, INC. FOR

PROFESSIONAL DESIGN PHASE SERVICES FOR REHABILITATION OF RUNWAY

18-36 AT PERRY-FOLEY AIRPORT, AS AGENDAED BY THE GRANTS

COORDINATOR.

SAID DOCUMENTATION ON FILE WITH THE GRANTS COORDINATOR.

7. THE APPROVAL OF BID SPECIFICATIONS/ADVERTISING FOR GEOTECHNICAL

INVESTIGATION SERVICES FOR THE EAST RED PADGETT ROAD WIDENING

AND RESURFACING PROJECT, AS AGENDAED BY KENNETH DUDLEY, COUNTY

ENGINEER .

8 . THE APPROVAL OF BID SPECIFICATIONS/ADVERTISING FOR GEOTECIINICAL

INVESTIGATION SERVICES FOR THE SOUTH RED PADGETT ROAD WIDENING

AND RESURFACING PROJECT, AS AGENDAED BY THE COUNTY ENGINEER.

9. THE APPROVAL OF BID SPECIFICATIONS/ADVERTISING FOR GEOTECHNICAL

INVESTIGATION SERVICES FOR THE PAUL POPPELL ROAD WIDENING AND

RESURFACING PROJECT, AS AGENDAED BY THE COUNTY ENGINEER.

10. THE APPROVAL OF THE FOLLOWING TASK ORDER NO. 2009-001-ENG-01 A,

WITH CAUSSEUX, BEWITT AND WALPOLE,-INC. TO PROVIDE CONSTRUCTION

ENGINEERING AND INSPECTION SERVICES FOR WIDENING AND

RESURFACING OF PUCKETT ROAD, AS AGENDAED BY THE COUNTY ENGINEER:

Page 9: SUGGESTED AG. MONDAY, JANUARY E. GREEN STREET Agendas/2011/AG 01_03_2011.pdf · Approval of agenda 4. Approval of Minutes of September 21, 28, October ... mopd 01 JJ,J~L~SNO~ mq laqo

PROFESSIONAL ENGINEElUNG SERVICES AGREEMENT

TASK ORDER NO.: 2009-001-ENG-01A

PURCHASE ORDER NO.: (For billing purposes only, to be assigned by COUNTY after execution)

PROJECT: Puckett Road Widening and Resurfacing - Construction Phase Services

COUNTY: TAYLOR COUNTY, a political subdivision of the State of Florida

CONSULTANT: Causseaux, Hewett & waipole, Inc. 6011 NW 1st Place Gainesville, FL 32607 352-331-1976

Execution of the Task Order by COUNTY shall serve as authorization for CONSULTANT to provide

for the above project, professional services as set out in the Scope of Services included as RECITALS to

that certain Agreement of Aumst 24,2009 between the COUNTY and the CONSULTANT and further

delineated in the spedcations, conditions and requirements stated in the following listed documents

which are attached hereto and made a part hereof: Revised vrovosal letter dated August 3 1. 2010, and

associated project information spreadsheet package.

Whenever the Task Order conflicts with said Agreement, the Agreement shall prevail.

TIME FOR COMPLETION: The work authorized by this Task Order shall commence upon being

executed by COUNTY and returned to CONSULTANT and shall be completed on or about February 2.

201 1 which coincides with the ContractorICounty contract for Final Comvletion of Construction.

METHOD OF COMPENSATION:

(a) This Task Order is issued on a:

[ ] Fixed Fee basis

[ ] Time basis method with a Not-to-Exceed amount

B] Time basis method with a Limitation of Funds amount

Page 1 of 3

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Page 13: SUGGESTED AG. MONDAY, JANUARY E. GREEN STREET Agendas/2011/AG 01_03_2011.pdf · Approval of agenda 4. Approval of Minutes of September 21, 28, October ... mopd 01 JJ,J~L~SNO~ mq laqo

PROFESSIONAL ENGINEERING SERVICES AGREEMENT

TASK ORDER NO.: 2009-001-ENG-08

PURCHASE ORDER NO.: $or billing purposes only, to be assigned by COUNTY after execution)

PROJECT: Pisgah Road - Construction Phase Services

COTJNTY: TAYLOR COUNTY, a volitical subdivision of the State of Florida.

CONSULTANT: Causseaux, Hewett & Walpole, Inc. 6011 NW 1st Place Gainesville, FL 32607 352-331-1976

Execution of the Task Order by COUNTY shall serve as authorization for CONSULTANT to provide

for the above project, professional services as set out in the Scope of Services included as RECITALS to

that certain Agreement of August 31,2010 between the COUNTY and the CONSULTANT and further

delineated in the specifications, conditions and requirements stated in the following listed documents

which are attached hereto and made a part hereof: Provosal letter date Aumst 31. 2010, and

project information sureadsheet package.

Whenever the Task Order conflicts with said Agreement, the Agreement shall prevail.

TIME FOR COMPLETION: The work authorized by this- Task Order shall commence upon being

executed by COUNTY and returned to CONSULTANT and shall be completed within Ninetv (a calendar days.

(a) This Task Order is issued on a:

[ ] Fixed Fee basis

[ :I Time basis method with a Not-to-Exceed amount

[XI Time basis method with a Limitation of Funds amount

G : U O B W M ) 9 \ W 4 3 6 6 \ C l i r n t ~ o n Phaec Contract ~ ~ & ~ \ T A S K O R D ~ - I W P D I - T ~ ~ ~ - O ~ ~ C I ~ ~ ~ PLgab Roddoc Page 1 of 3

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(b) If the cornpensation is based on a "Fixed Fee Basis," then CONSULTANT shall perform all

work required by this Task Order for the sum of DOLLARS ($

2. In no event shall CONSULTANT be paid more than the Fixed Fee Amount.

(c) If the compensation is based on a "Time Basis Method" with a Not-to-Exceed Amount, then

CONSULTANT shall perform all work required by this Task Order for a sum not exceedmg

DOLLARS ($ ). CONSULTANT'S compensation shall be based

on the actual work required by this Task Order.

(d) If the compensation is based on a "Time Basis Method" with a Limitation of Funds Amount,

then CONSULTANT is not authorized to exceed the Limitation of Funds amount of Fifty Thousand Six

Hundred Ei&@ Six DOLLARS and Eihtv Three CENTS ($50.686.83) without prior written approval

of the COUNTY. Such approval, if given by the COUNTY, shall indicate a new Limitation of Funds

amount CONSULTANT shall advise the COUNTY whenever CONSULTANT has incurred expenses

on this Task Order that equals or exceeds eighty percent (80%) of the Limitation of Funds amount The

COUNTY shall compensate CONSULTANT for the actual work performed under this Task Order based

on supporting documentation of work performed.

The COUNTY shall make payment to CONSULTANT in strict accordance with the payment

terms of the above-referenced Agreement.

It is expressly understood by CONSULTANT that this Task Order, until executed by the

COUNTY, does not authorize the performance of any senices by CONSULTANT and that the

COUNTY, prior to its execution of the Task Order, reserves the right to authorize any party other than

CONSULTANT to perform the services, or a portion thereof, called for under this Task Order if it is

determined that to do so is in the best interest of the COUNTY.

Page 2 of 3

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12. THE RENEWAL OF THE LEASE WITH FIRST BAPTIST CHURCH FOR THE USE

OF FOREST CAPITAL HALL, FOR THE TERM FROM NOVEMBER 15, 2010 TO . .

MARCH 5, 2011, FOR THE UPWARD BASKETBALL PROGRAM, AS AGENDAED

BY AND ON FILE WITH JACK BROWN, COUNTY ADMINISTRATOR.

13. THE APPROVAL OF A GRANT APPLICATION TO E911 RURAL COUNTY GRANT

PROGRAM FOR MAINTENANCE COSTS ASSOCIATED WITH TAYLOR COUNTY'S

E911 SYSTEM, AS AGENDAED BY RENA' COURTNEY, 911 COORDINATOR.

DOCUMENTATION ON FILE WITH THE 911 COORDINATOR.

14. THE APPROVAL OF A GRANT APPLICATION TO E911 RURAL COUNTY GRANT

PROGRAM FOR GIS SOFPWARE TO INTEGRATE WITH THE 911 ALI

DATABASE, AS AGENDAED BY THE 911 COORDINATOR.

DOCUMENTATION ON FILE WITH THE 911 COORDINATOR.

15. THE APPROVAL OF A GRANT APPLICATION TO E911 RURAL COUNTY GRANT

PROGRAM FOR 911 MAP DISPLAY, AS AGENDAED BY THE 911

COORDINATOR.

DOCUMENTATION ON FILE WITH THE 911 COORDINATOR.

16. THE APPROVAL OF THE EMERGENCY MANAGEMENT DEPARTMENT OF HOMELAND

SECURITY GRANT CLOSE OUT REPORT, AS AGENDAED BY AND ON FILE

WITH L A , A PEMBERTON , ASSISTANT COUNTY ADMINISTRATOR.

THE BOARD HAVING HERETOFORE ADVERTISED FOR REQUEST FOR PROPOSALS

(RFQS) FOR TAYLOR COUNTY CLOSED LANDFILL MOWING & FERTILIZING

SERVICES, FOR THIS DATE AT 6:10 P.M., OR AS SOON THEREAFTER AS

POSSIBLE.

RFQS WERE RECEIVED FROM THE FOLLOWING:

1. SWAM EQUIPMENT SERVICE

PERRY, FL

2. KENDRICK W S C A P E , INC.

ORIANDO, FL

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3. PADGET LAWN CARE LLC

PERRY, E'L

KEXNETH DUDLEY AND BRENT BURFORD WERE APPOINTED AS A BID COMMITTEE

TO STUDY THE BIDS RECEIVED AND TO MAKE A RECOMMENDATION TO THE

BOARD AT A LATER DATE.

SAID BIDS ON FILE IN TBE CLERK'S OFFICE.

THE BOARD HAVING HERETOFORE ADVERTISED FOR STATEMENTS OF

QUALIFICATIONS (SOQS) FOR PROFESSIONAL SURVEYING & MAPPING

SERVICES, FOR THIS DATE AT 6:15 P.M., OR AS SOON THEREAFTER AS

POSSIBLE.

SOQS WERE RECEIVED FROM THE FOLLOWING:

1. PROFESSIONAL SURVEYORS & MAPPERS

PALM CITY, FL

2. CASSEAUX, HEWITT & WARPOLE, INC.

GAINESVILLE, E'L

3. DELTA PROFESSIONAL LAND SERVICES U C

PERRY, FL

4. DRMP

JACKSONVILLE, FL

5. IVES MALDONADO

SANFORD, FL

6. CARDNO TBE

LAKE cIm, FL

KENNETH DUDLEY, BRENT BURFORD AND ANDY MCLEOD WERE APPOINTED AS A

BID COMMITTEE TO STUDY THE SOQS RECEIVED. THE BOARD TO RANK AND

HEAR TEN (10) MINUTE PRESENTATIONS FROM EACH FIRM (5 MINUTE

PRESENTATION, 5 MINUTE QUESTIONS FROM THE BOARD) AT A LATER DATE.

PUBLIC REQUESTS:

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UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

HOUCK, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE FY 2010-2011

CORE CONTRACT WITH THE DEPARTMENT OF HEALTH, AS REQUESTED BY STEVEN

TULLOS, TAYLOR COUNTY HEALTH DEPARTMENT (TCHD) .

SAID CONTRACT ON FILE IN THE CLERK'S OFFICE.

MR. TULLOS ADVISED THE BOARD THAT RULES ON SEPTIC TANK INSPECTIONS

EVERY FIVE (5) YEARS, POSSIBLY EFFECTIVE JANUARY 1, 2011, HAVE NOT

BEEN COMPLETED AT THIS TIME. MR. TULLOS STATED TEAT HE IS HOPEETJL

THAT THE LAW WILL BE REPEALED BEFORE SAID EFFECTIVE DATE, DUE TO

COSTS TO THE CITIZENS OF TAYLOR COUNTY.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PARKER, AND BY UNANIMOUS VOTE, THE BOARD APPROVED A REQUEST OF

STEVEN TULLOS, TCHD, AND ADOPTED THE FOLLOWING RESOLUTION APPROVING

THE UPDATED TCHD FEE SCHEDULE FOR FY 2010-2011:

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Upon motion of Commissioner , with second by Commissioner

~ ~ K P J ,andb~unanimousvotc,theBoardadoptedthefo~o~g

resolution:

R E S O L U T I O N

WHEREAS, the Taylor County Board of County Commissioners are required, pursuant to

Chapter 154.06(1) F.S., to establish fees for primary care services offered by the Taylor County

Health Department, and

WHEREAS, this schedule of fees has been presented and reviewed by the Taylor County

Board of County Commissioners.

NOW, THEREFORE BE IT RESOLVED, that the Taylor County Board of County

Commissioners do hereby c o h and adopt the fees on "Schedule A", attached hereto, for the

Taylor County Health Department. Said fee schedule shall be effective October 1,2010 and in

force and effect until changed by resolution of the Taylor County Board of County

Commissioners.

DONE AND ORDERED in regular session at Peny, Florida, this 21ST day of September

BOARD OF COUNTY COMMISSIONERS

TAYL,OR COUNTY, FLORIDA

BY: HJ%ff MARK WIGGINS, Chairman

h u l v h u ~ l a ~ c l

ANNIE MAE MURPHY, Clerk ,

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................................................. . ........... .................. ......................... UPPV O0'9lL +Pa3 -. -. -. - - - - .- .- sups* *amex

................................................ ... ......................................................... -

mw3eAsl-d ilnw -WPM nww .............................. .- ... .- ... ...... ... ...,- ... -. .................. ........................... -. Ws nw -PI

00'0BI . lm~b'<u~~e(ls~rrfi OUM~A 9 rmmds~

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2009-2010 DENTAL FEE SCHEDULE TAYLOR COTJNTY HEALTE DEPARTMENT

LimitedlEmergency Exam Oral Evaluation (under age 3) Comprehensive Exam

Full Mouth X-ray Periapical, first film Periapical, additional films Bitewing, single film Bitewing, two films Bitewing, four films .

Adult Prophy Child Prophy Fluoride (child) Fluoride (mod. to high cares) Oral hygiene instruction Sealant, per tooth Scaling & root planing per quad Scaling & root planing, 1-3 quad Gross debridement

Amalgam I-surf prim or perm Amalgam 2-sur prim or perm Amalgam bsurf prim or perm Amalgam 4-surf prim or perm Resin I-surf anterior Resin Zsurf anterior Resin 3-surf anterior Resin 4-surf anterior Resin I-surf posterior Resin 2-surf posterior Resin 3-surf posterior Stainless steel crown Sedative filling

Extraction, deciduous Extraction Surgical extraction Incision and drainage

q /,I 110 airman's Signature Date

Effective Date Signed By Chainnan

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UPON MOTION OF COMMISSIONER PARKER, WITH SECOND BY COMMISSIONER

HOUCK, AND BY UNANIMOUS VOTE, THE BOARD APPROVED A REQUEST OF STAN

RIDGEWAY, WATERFRONTS FLORIDA, FOR PRINTING EXPENSES ($400) FROM

WATERFRONTS FUNDING, FOR THE STEINHATCHEE-JENA VISITORS/BUSINESS

GUIDE.

UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

HOUCK, AND BY UNANIMOUS VOTE, THE BOARD RE-APPOINTED MICKEY NYBERG

TO THE BIG BEND WATER AUTHORITY (BBWA) BOARD OF DIRECTORS, AS

REQUESTED BY THE BBWA.

UPON MOTION OF COMMISSIONER PARKER, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE FOLLOWING

BID AWARDS FOR PROJECTS FUNDED THROUGH THE SHIP PROGRAM AS AGENDAED

BY THE GRANTS COORDINATOR:

AND ELIZABETH BROOKS REHABILITATION WEISS/$24,300

EULA GRIFFIN REHABILITATION WEISS/$25,000

LEONARD FLORENCE DEMOLITION/RECONSTRUCTION

MICHAEL LYNN, INC. /$63,100

THELMA NEWBERRY REHABILITATION WEISS/$21,400

AARON AND KIMBERLY PRICE REHABILITATION wEISS/$21,300

VIOLA WOODFAULK DEMOLITION/RECONSTRUCTION

MICHAEL LYNN, INC. /$62,900

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PARKER, AND BY UNANIMOUS VOTE, THE BOARD TO APPROVED THE FOLLOWING

SATISFACTIONS OF SECURITY AGREEMENTS FOR DAISY ROGERS AND LINDA

HUNTER, WHO RECEIVED REWBILITATION FUNDING ASSISTANCE THROUGH THE

SHIP PROGRAM, AS AGENDAED BY THE GRANTS COORDINATOR:

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Page: 20

SATISFACTION OF SECURITY AGREEMENT UNDER STATE OF FLORIDA HOUSING INITIATIVES PARTNERSHIP PROGRAM

KNOW ALL MEN BY THESE PRESENTS: That TAYLOR COUNTY, FLORTDA, a political subdivision existing under the laws of the State of Florida, the owner and holder of a certain Security Agreement under State of Florida Housing Initiatives Partnership Program executed by LINDA HUNTER, bearing date the 20th $hy of October, 2005, recorded in Official Records Book 571, pages 290-292, in the office of the Clerk of the Circuit Court of Taylor County, State of Florid% securing a debt of $8,910.00, and certain promises and obligations set forth in said Security Agreement Under State of Florida Housing Initiatives Partnership Program, upon the property situate in said Taylor County, Florid& described as follows, to-wit:

COMMENCE AT TI-IE SW CORNER OF THE SW 'h OF NE % OF SECTION 12, T4S, R E , THENCE RUN EAST 20 FEET THENCE RUN NORTH 250 FEET, TO THE POINT OF BEGINNJNG THENCE RUN NORTH 420 FEET, THENCE RUN EAST 315 FEET THENCE RUN SOUTH 420 FEET, THENCE RUN WEST 3 15 FEET TO THE POINT OF BEGMNING,

I' CONTAMING 3 ACRES MORE OR LESS.

hereby acknowledge full payment and satisfaction of said Security Agreement Under State of Florida Housing Initiatives Partnership Program, and surrender the same as cancelled, and hereby direct the Clerk ofthe said Circuit Court to cancel the same of record.

slob- +d. . 201 0. WITNESS my hand and seal this - y of

Signed, Sealed and Delivered in Presence of:

BOARD OF COUNTY COMMISSIONERS TAYLOR COUNTY, FLORIDA

STATE OF FLORIDA COUNTY OF TAYLOR

I HEREBY CERTTFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared MARK WIGGINS, to me known to be the person described in and who executed the foregoing inshment and she acknowledged before me that she executed $e same.

s+ WITNESS' my hand and official seal in the County and State last aforesaid t h i s d l , day of

,- ,2010.

NOTARY PUBLIC

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SATISFACTION O F SECURITY AGREEMENT UNDER STATE OF FLORLDA HOUSING INITIATIVES PARTNERSHIP PROGRAM

KNOW ALL MEN BY THESE PRESENTS: That TAYLOR COUNTY, FLORIDA, a political subdivision existing under the laws of the State of Florida, the owner and holder of a certain Security Agreement under State of Florida Housing Initiatives Partnership Program executed by DAISY ROGERS, bearing date the 9th day of July, 2005, recorded in Official Records Book 554, pages 508-510, in the ofice of the Clerk of the Circuit Court of Taylor County, State of Florida, securing a debt of $14,875.00, and certain promises and obligations set forth in said Security Agreement Under State of Florida Housing Initiatives Partnership Program, upon the property situate in said Taylor County , Florida, described as follows, to-wit:

SEE ATTACHED SCHEDULE "A"

hereby acknowledge MI payment and satisfaction of said Security Agreement Under State of Florida Housing Initiatives Partnership Program, and surrender the same as cancelled, and hereby direct the Clerk of the said Circuit Court to cancel the same of record. '

WITNESS my hand and seal this &$-day of .2010.

Signed, Sealed and Delivered in Presence of: flJNp ( S W )

MARK WIGGIN , Chairperson BOARD OF COUNTY COMMISSIONERS TAYLOR COUNTY, FLORIDA

STATE OF FLORIDA comn OF TAYLOR

I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgme~~ts, personally appeared MARK WIGGINS, to me known to be the pmon described in and who executed the foregoing ins!nunent and she acknowledged before me that she executed the same.

hand and official seal in the County and State last aforesaid this

NOTARY PUBLIC

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Page: 22

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PARKER, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE APPLICATION

TO THE GEORGIA-FLORIDA RAILWAY FOR RAILWAY LINE CROSSING FOR THE

PURPOSE OF INSTALLING A FIBER CABLE BETWEEN THE TAYLOR COUNTY

COURTHOUSE AND THE TAYLOR COUNTY JAIL, AS AGENDAED BY BOBBY LEWIS,

TIS DIRECTOR, AS FOLLOWS:

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Page: '23

If you have not reviewed Railroad's Utility Accommodation Policy, please contact ~ a n d ~ a i l ' at [email protected] or 303398.0400 to receive a copy prior to submittal of this application.

Plans for proposed installation shall be submitted to and meet the approval of the property owner, and a written wirdcable line crossing agreement must be M y executed before construction can begin. Material and installation are to be in strict accordance with specifications of National Electrical Safety Code, current edition, and requirements of the Property Owner. One original of this form shall be submitted, accompanied by letter size prints of a drawing showing plan, elevation section of crossing h m field survey, location in respect to milepost, width of property owner's right of way and location of adjacent structures affecting crossing. PLEASE BE THOROUGH: Incomplete applications may result in processing delays.

1. Complete Legal Name of ~ ~ ~ l i ~ ~ ~ t : Taylor County Board of County Commissioners

2. Agreement to be in the name of (if different kom above):

3. Type of Applicant (pleasemark one): Corporation - LLC - Individual - Municipality -

Partnership - (General - Limited - ) Other County Government

If applicable, statelprovince of incorporation or organization: Florida

Federal Tax Identification number (if applicable): 59-6000879

4. ~ ~ i l i ~ ~ ~ d d ~ ~ ~ ~ : 201 East Green Street, Perry, Florida 32347

Billing Address (if different):

Overnight Delivery Service Address:

5. Contact Person: Bobby Lewis Title: Director, Dept. ~echnology & Information Systems

6. Phone No.: ( 850 ) 838-3500 F~ N;,: J 850) 838-3501

Em&. bobby. lewis@taylorcountygov. com

7. REQUIRED: Railroad: Omni~rax Location: 2126 f e e t s ( N l S I E / W ) h m nearest MP NO. 77

8. Nearest City: county: Taylor State: FL

Section 24 Township 4s Range 7~

9. AU specifications meet or exceed Railroad's Utility Accommodation Policy INlTIAL HERE:

OR Variance requested - PLEASE DESCRIBE IN DETAIL (attach separate sheet if necessary): N/A

10. Angle between centerline of right-of-way and wireline will be 122 degrees.

11. Number of RR Co.'s tracks to be crossed 1 Number of pole lines crossed N/A

12. Crossing will be (Check one): transmission distribution service

13. Altering current N/A voltage N/A No, of Phases N/A Hertz N/A

14. Direct Current N/A voltage N/A amperes N/A

15. COnductors: (a) Number N/A @) AWG gauge N/A (c) material Fiber Optic

16. Maximum voltage N/A Maximum current N/A

17. Max. fault to ground current N/A Ht of wire supports above ground level N/A

18. Material (encasement) sDR 11 HDPE

10 f h v t o ; , - l ~ r l i o r n ~ t ~ r 2.375"

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- - 24. Bury: Base of rail to top of casing 12 ' Not beneath tracks 1 Roadway d i t c h e s 2

25. Type of wire supports N/A size N/A False dead ends N/A

N o n e 26. Number of poles to be located on Railroad Company's right-of-way

27. Distance kom butt of pole to nearest rail of main track N/ A

28. Distance kom butt of pole to nearest rail of sidetrack N/A

29. If additional wireline attachments or revisions are to be made to existing crossing, please advise number andlor

date of agreement: N/A

30. Will line exclusively serve Lessee of Railroad? NO Name

30. Will line run parallel or approx. parallel to Railroad Co.'s tracks? No Distance of parallelism:.

Please give approximate horizontal separation from our signal and telephone wires

31. Will line be located in public road right-of-way? Yes DOTIAAR Crossing No. N/A

(If"yes", show name, road number and right-of-way on print). Name of Public Road center

If application is approved, applicant agrees to reimburse property owner for any cost incurred by property owner incident to installation, maintenance, andfor supervision necessitated by this installation and further agrees to assume all liability for accidents or injuries which arise as a result of this installation as provided in the agreement to be executed. Non-refundable fees in the amount of $2,950.00 payable in U.S. Dollars are due at the time of application submission. ****Canadian residentshusinesses, this fee is a taxable supply, please include applicable GST**** REQUESTS FOR RUSHED SERVICE (fill execution within fourteen (14) days) ARE AN ADDITIONAL $1,000.00. Applications submitted without the required fees will not be processed In addition, annual fees will be assessed pursuant to a written crossing agreement. Please note, if the submitted application and prints require review by any independent environmental (HAZhMT) or other outside consultants; this review will be at applicant's sole cost and in addition to the aforementioned fees. Please return application, payment, map and prints to: LandRail LU=, 50 S. Steele St, Ste. 374, Denver, CO 80209. Telephone Number: (303) 398-0400, Fax Number (866) 351-9503.

Once an executable wireline license agreement is submitted to you, the license must be fully negotiated and executed within one hundred twenty (120) days. Thereafter, the application and materials will be archived and resubmission (including fees) will be required PLEASE INITIAL HERE INDICATING YOUR UNDERSTANDING OF THC3 POLICY.

Date: ~ / & I \ [ U I , . Signature:

Name Printed:

Title:

Phone No.: - ''?&I P h k - 3 ~ m

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Page: 25

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PARKER, AND BY UNANIMOUS VOTE, THE BOARD APPROVED A LEASE AGREEMENT

FOR TOWER SPACE AT THE OLD HIGHWAY PATROL STATION WITH MAINSTREET

BROADBAND, WITH CHANGES TO ITEM NO. 3, AS AGENDAED BY THE TIS

DIRECTOR.

DOCUMENTATION ON FILE WITH THE TIS DIRECTOR.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

HOUCK, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE ANNUAL

CONTRACT WITH NORTH CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

(NCFRPC) FOR PLANNING SERVICES FOR FISCAL YEAR 2010-2011, AS

AGENDAED BY THE COUNTY BUILDING OFFICIAL, AS FOLLOWS:

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l?ISCAL YEAR 201 1

LOCAL GOVERNMENT COMPREHENSIVE PLANNING SERVICES

AGREEMENT

BETWEEN THE

BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA

AND THE

NORTH CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

This Agreement made and entered into this day of &'&&.v. 2010, by and between the Board of County Commissioners of Taylor County, !$lorida, hereinafter referred to as the "Purchaser" and the North C e n d Florida Regional Planning Council, hereinafter referred to as the "Planning Council".

This AGREEMENTICONTRACT IS ENTERED WO BASED WON THE FOLLOWING FACTS: The Purchaser desires to engage the Planning Council to render certain technical or professional services; and

The Planning Council possesses the qdiiications and expertise to perform the services required.

NOW THEREFORE, THE PURCHASER AND THE PLANNING COUNCIL DO MUTUALLY AGREE AS FOLLOWS:

ARTICLE I - SCOPE OF SERVICES

The Planning Council agrees to provide services to the Purchaser in accordance with the terms and conditions set forth in Appendix A, Scope of Services, of this Agreement which is incorporated by reference herein and considered as an integral part of this Agreement

ARTICLE I1 - COMPENSATION

The Planning Council shall be paid by the Purchaser a fixed fee of Twenty-three Thousand Five Hundred Dollars and No Cents ($23,500.00) for services provided in completing the Scope of Services described in Appendix A, which is incorpor&ed herein by reference.

Page 1 of 4

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Page: 28

In carrying out the work of this Agreement, the Planning Council shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin or handicapped status. The Planning Council shall take -ative action to ensure that applicants are employed and that employees are treated during employment, withoutregard to their race, creed, color, sex, national origh or handicapped status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Planning Council agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the pryisions of this non-discrimination clause. The Planning Council shall, in all solicitations or advertisements for employees placed by or on behalf of the Planning Council, state that it is an

' Equal OpportunitylAE~mative Action Employer. The Planning Council shall incorporate the foregoing requirement of this paragraph in all subcontracts for senices covered by this Agreement.

ARTICLE W - LIABILITY

The Planning Council hereby agrees to hold harmless the Purchaser, to the extent allowed and required by law, fiom all claims, demands, liabilities and suits of third persons or entities not a party to this ~gr&ment arising out of, or due to any act, occurrence, oi omission of the Planning Council, its subcpntractors or agents, if any, that is related to the Planning Council's performance under this Agreement. .

ARTICLE VIU - ASSIGNAsILlTY

The Planning Council shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation), without the prior consent of the Purchaser.

ARTICLE 1X - REPRESENTATIVES FOR THE PARTIES

In all matters relating to the performance of this Agreement., the County Administrator of the Purchaser shall represent and act for the Purchaser and the Executive Director of the Planning Council shall represent and act for the Planning Council.

ARTICLE X - VENUE AND JURISDICTION FOR LITIGATION BETWEEN THE PARTIES

This Agreement shall be construed according to the laws of the State of Florida Venue shall be exclusively in Taylor County, Florida for all litigation between the parties and all issues litigated between the parties shall be litigated exclusively in a court of competent jurisdiction of Taylor County, Florida If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of the Agreement

Page 3 of 4

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Page: 29

ARTICLE XI - AMENDMENT OF AGREEMENT

The Planning Council and the Purchaser by mutual agreement may amend, extend, or modify this Agreement. Any such modification shall be mutually agreed upon by and between the Planning Council and Purchaser and shall be incorporated in a written amendment to this Agreement, duly signed by both parties.

ARTICLE XI1 - COMPLETE CONTRACT

This Agreemenf including Appendix A, Swpe of Services, of this Agreement, which is incorporated by reference herein and considered as an integral part of this Agreemenf constitutes the entire contract between the parties, and any changes, amendments, or modifications hereof shall be void unless the same a e reduced to writing and signed by the parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized on the date first above written.

BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY

Annie Mae Murphy Mark Wiggins County Clerk Chairman

NORTH CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Attest:

'Seal

s - ~ - / L Scott R Koons Executive Director Chairman

Page 4 of 4

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pue sysdpue pue qp 'sa3rreaplo psp 'sa3gou 3gqnd 8qda~d - a3rre)srssv lwurpuaq .n

pue fsuopqa~dra~~ suopp8al luamdop~ap pm~ pm m~d a~ysuaqa~dmo:, qw ~~UIJSFSSE pue suogsanb %upam p3seasai %u~pnpuo:, - a~nep!ssv p3q3a~ .plauaf) '1

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Page: 31

COUNTY ATTORNEY ITEMS:

THE COUNTY ATTORNEY FURTHER DISCUSSED THE ORDINANCE ADOPTED BY THE

BOARD ON SEPTEMBER 7, 2010, REGARDING THE NIGHT USE OF GOLF CARTS

IN THE BEACHES AREA, AND FLORIDA STATUTES ON THE DESIGNATIONS SAFE

FOR THE USE OF GOLF CARTS RE: RED REFLECTIVE DEVICES. COMMISSIONER

PAGE STATED THAT THE ONLY WAY TO DETERMINE THE SAFETY OF GOLF CART

USE AT NIGHT IS A TRAFFIC STUDY AND HE IS CONCERNED WITH THE COSTS

OF SUCH A STUDY. THE BOARD AGREED TO REMOVE THE REFERENCE TO "RED

REFLECTIVE TAPE" FROM THE ORDINANCE.

COUNTY ORDINANCE NO. 2010-10, IS AS FOLLOWS:

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A N ORDINANCE OF TAYLOR COUNTY, FLORIDA AMENDING ORDINANCE NO. 2003-6 WHICH ALLOWS GOLF CARTS O N CERTAIN ROADS IN T H E BEACHES O F T H E UNINCORPORATED AREA OF TAYLOR COUNTY, FLOIUDA PURSUANT T O CHAPTER 316.212 FLORIDA STATUTES, PLACING REQUIREMENTS WITH MINIMUM AGE REQUIREMENTS FOR OPERATING GOLF CARTS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY T H E BOARD OF COUNTY COMMISSIONERS O F T A X O R COUNTY, FLORIDA THAT:

Section 1. It is in the interest of the citizens of beaches of Taylor County, Florida to allow golf carts on c& streets and roads pursuant to Section 316.212 Florida Statutes.

Section 2. The Board of County Commissioners of Taylor County hereby finds that golf carts, if operated properly, may travel over the streets and roads designated in the beaches area of Taylor County, Florida

Section 3. A golf cart may be operated on the following streets and or roads located in the beaches area of unincorporated Taylor County, Florida, the areas of operation are further described as follows:

A. Dekle: From Dekle Beach entrance and through the Dekle Beach area. B. Ezell: From the corner store throughout the Ezell Beach area. C. Iceaton: From the comer store to Jody Morgan Grade and all throughout the

ICeaton Beach area. D. Cedat. From the entrance to Cedax Island and throughout the Cedar Island area E. Dark Island: From the entrance to Dark Island and throughout the Dark Island

area

Section 4. Golf carts may be operated between the hours before sunrise and after sunset if equipped with, at a minimum, headlights, brake lights, turn signals, a windshield, and red reflective devices on the front and rear of the'golf cart. Golf carts that do not meet the above standards shall only be permitted to operate between sunrise and sunset, and those golf carts must be equipped pursuant to Section 5 below.

Section 5. Golf carts must be equipped with efficient brakes, reliable steeting, safe tires, a iiarview mirror, and red reflector warning devices in both front and rear.

Section 6. Golf carts must yield to regular motor vehicles when it is apparent that the traffic congestion is occurring and shall in every event, yield to police and emergency vehicles.

Section 7. No golf cart shall be operated by anyone without a valid driver's license.

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Section 8. No golf cart shall be operated in the aforementioned areas unless there is an in-force insurance policy covering the golf cart It shall be +e responsibility of the owner of the golf cart to obtain and maintain insurance covering the golf cart and carry proof of same at all times during which the covered golf cart is operated on the above described areas. The minimum amount of required insurance coverage shall be $50,000.00 per person/bodily injwy, $100,000.00 per inddent/property and umbrella

Section 9. Golf cart use is intended for residents and visitors to the beaches area described above. Commerdal leasing of golf carts for use on the streets and roads of Taylor County remains prohibited.

Section 10. A violation of this Ordinance is a non-criminal traffic infraction, punishable pursuant to Chapter 318 Florida Statutes as either a moving violation for infractions of subsection (I), subsection (21, subsection (3), or subsection (4), or as a non-moving violation for infractions of subsection (5) and (6).

Section 11. If any section, pomon or phrase of this Ordinance is ruled invalid or unconstihttiond by any court of competent jurisdiction the remainder of this Ordinance shall remain in full force and effect

Section 12. Effective Date. This Ordinance shall take effect immediately upon receipt of official acknowledgement from the Qffice of the Secretary of State of Florida that this Ordinance has been fded in said office.

PASSED and of County Commissioners of ,2010.

BOARD OF COUNTY COMMISSIONERS TAYLOR c o u N m , FLORIDA

ATTEST

L m w ft-,-h ANNIE MAE MURPHY, '& Clerk of Court Ui=Y/

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COUNTY AUMINISIIRATOR ITEMS:

TEfE BOARD DISCUSSED THE APPROVAL OF AN INTERLOCAL AGREEMENT WITH

MADISON COUNTY FOR THE PAVING OF FELLOWSHIP ROAD IN-MADISON COUNTY

TO THE EARL BLANTON ROAD IN TAYLOR COUNTY (1250 FEET AT A COST OF

$34,000). AFTER DISCUSSION, AND UPON MOTION OF COMMISSIONER PAGE,

WITH SECOND BY COMMISSIONER PARKER, AND BY UNANIMOUS VOTE, THE

BOARD APPROVED .THE INTERLOCAL AGREEMENT WITH MADISON COUNTY, AS

STATED, FOR 1250 FEET AT A COST OF $34,000 FROM DISTRICT 4 PAVING

FUNDS (PISGAH ROAD EXCESS FUNDS) , "PIGGY-BACKING" OFF OF MADISON

COUNTY'S BID), WITH THE COUNTY ADMINISTRATOR TO RESEARCH FUNDING

FOR PISGAH ROAD.

SAID INTERLOCAL AGREEMENT IS AS FOLLOWS:

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Page: 35

INTERLOCAL AGREEMENT

This Interlocal Agreement is made and entered into this 1st day of September, 2010, by

and between Madison County, a political subdivision of the State of Florida (hereinafter

"MADISON COUNTY") and Taylor County, a political subdivision of the State of Florida

(hereinafter "TAYLOR COUNTY") (all of the foregoing may be collectively called the

"parties"), and pursuant to Section 163.01, Florida Statutes, and the parties agree as follows:

WITNESSETH:

WHEREAS, the parties are both non-charter counties and political subdivisions of the

State of Florida and enjoy the authority to have and manage county roads within their respective

jurisdictions pursuant to Chapter 336, Florida Statutes, and other applicable provisions of law, as

well as their home rule powers as set out in Section 125.01, Florida Statutes; and,

WHEREAS, there exists a certain road which is named SW FELLOWSHIP ROAD

(hereinafter the "ROAD") which begins in MADISON COUNTY and runs to its intersection

with EARL BLANTON ROAD in TAYLOR COUNTY; and,

WHEREAS, the portion of the ROAD located in MADISON COUNTY is part of the

county road system of MADISON COUNTY and ownership of and jurisdiction over such

portion of the ROAD is vested in MADISON COUNTY and MADISON COUNTY has the right

and authority to manage and improve such portion of the ROAD as it sees fit; and,

WHEREAS, the portion of the ROAD located in TAYLOR COUNTY is part of the

county road system of TAYLOR COUNTY and ownership of and jurisdiction over such portion

of the ROAD is vested in TAYLOR COUNTY and TAYLOR COUNTY has the right and

authority to manage and improve such portion of the ROAD as it sees fit; and,

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Page: 36

WHEREAS, part of the ROAD is paved and part of the ROAD is unpaved or a "dirt

road"; and,

WHEREAS the unpaved or "dirt" portion of the ROAD lies partially in MADISON

COUNTY and partially in TAYLOR COUNTY; and,

WHEREAS, the parties wish to pave that portion of the ROAD which is presently

unpaved or "dirk"; and,

WHEREAS, the parties could each pave the portion of the ROAD within their respective

jurisdictions, but the parties both recognize that the most efficient and best method for paving the

ROAD is for one of the parties to contract with one contractor to pave the entire length of the

ROAD; and,

WHEREAS, the parties are empowered to cooperate between themselves in the exercise

of the above powers where such exercise will benefit the parties; and,

WHEREAS, the parties have agreed to cooperate in the paving of the ROAD; and,

WHEREAS, the parties wish to enact this interlocal agreement to set out their binding

contractual obligations with respect thereto; and,

WHEREAS, the governing boards of each of the parties has voted to enter into this

agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants, promises and

agreements herein contained, and other good and valuable consideration the receipt and

sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

1. The foregoing recitals are true and correct and incorporated herein by this reference.

2. MADISON COUNTY shall pave (including all things necessary to pave the ROAD such

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Page: 37

as preparing the base, shoulder work, ditching, traffic control, etc.) the entire unpaved

portion of the ROAD in MADISON COUNTY as well as the entire unpaved portion of

the ROAD in TAYLOR COUNTY Porn the TAYLOR COUNTY boundary line to the

intersection of the ROAD with EARL BLANTON ROAD in TAYLOR COUNTY.

3. The ROAD shall be prepared and paved in conformance with the Florida Department of

Transportation standards and specifications for road and bridge construction, latest

edition.

4. TAYMR COUNTY hereby authorizes, and grants a license to, MADISON COUNTY

and its officers, employees, agents and contractors to pave (including all things necessary

to pave the ROAD such as preparing the base, shoulder work, ditching, traffic control,

etc.) the ROAD within TAYLOR COUNTY for the purposes of fulfilling its obligations

under the agreement. Such license shall terminate and be of no further effect upon

completion of the paving of the portion of the ROAD in TAYLOR COUNTY.

5. MADISON COUNTY shall engaged an independent contractor to pave the ROAD as set

out above. TAYLOR COUNTY shall not be a party to such contract except that all

warranties and guarantees given by the contractor shall be in favor of TAYLOR

COUNTY for the portion of the ROAD within TAYLOR COUNTY.

6. The paving contractor shall report solely to MADISON COUNTY and be paid solely by

MADISON COUNTY. However, TAYLOR COUNTY shall be allowed periodic

inspections of the project as it may desire Porn time to time and MADLSON COUNTY

shall not give h a 1 approval to the paving contractor or release the h a 1 payment to the

paving contractor until after TAYLOR COUNTY has performed whatever h a 1

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inspections it may desire and has given its written acknowledgment that the paving of the

portion of the ROAD in TAYLOR COUNTY meets or exceeds the Florida Department of

Transportation standards and specifications for road and bridge construction, latest

edition. The above inspections by TAYLOR COUNTY shall not be unreasonably

delayed and the giving of the above written acknowledgments by TAYLOR COUNTY

shall not be unreasonably withheld.

7. Within 30 days after the completion of the paving of the ROAD, TAYLOR COUNTY

shall pay to MADISON COUNTY the total sum of $31,284.00, as complete and h a 1

payment owed under this agreement reimbursing MADISON COUNTY for the paving of

the portion of the ROAD in TAYLOR COUNTY. The above sum represents the parties'

negotiated, good faith estimate of the excess cost to MADISON COUNTY of paving the

portion ROAD in TAYLOR COUNTY.

8. Prior to the paving of the ROAD, TAYLOR COUNTY will have prepared a map showing

that the portion of the ROAD lying in TAYLOR COUNTY has vested in.TAYLOR

COUNTY pursuant to Section 95.361, Florida Statutes. Upon being presented such map,

the Board of County Commissioners of TAYLOR COUNTY, shall consider such map as

soon thereafter as possible and, should it find all to be in order, approve, certify and

record such map as provided in Section 95.361(3), Florida Statutes.

9. Upon completion of the paving of the ROAD and payment of the above sum, this

agreement shall be deemed fulfilled and the parties shall each be solely responsible for

the control and maintenance of the portion of the ROAD within their respective

jurisdictions. Other than the above temporary license, nothing herein shall be construed

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as giving either party any ownership interest or title to any portion of the ROAD outside

of its jurisdiction.

10. The provisions of this agreement are for the sole and exclusive benefit of the parties

hereto, and no provision of this agreement will be deemed for the benefit of any other

person or entity. No person, other t h ~ the parties shall have standing to enforce any

provision of this agreement.

11. This agreement shall not be construed to waive or otherwise affect the protections of

sovereign immunity and/or Section 768.28, Florida Statutes, which may be enjoyed by the

parties.

12. This agreement is made in the State of Florida and shall be governed by Florida law. This

is the entire agreement between the parties and may not be modified or amended except

by a written document executed with all the formalities of this document. Each party has

had equal input into the drafting of this agreement and this agreement-shall not be

construed against either party. Wherever used herein, the singular shall include the

plural, the plural shall include the singular, and pronouns shall be read as masculine,

feminine or neuter as the context requires. This agreement may not be assigned or

delegated by either party without the prior written consent of the other party.

13. This Interlocal Agreement and any amendment thereto shall become effective only upon

execution by all parties and its filing with the Clerk of the Circuit Court for Madison

County and the Clerk of the Circuit Court for Taylor County pursuant to Section

163.0 l(1 l), Florida Statutes.

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THE COUNTY AGREED TO REMOVE EIGHT (8) TREES TO SAVE ON THE PAVING

COSTS.

UPON MOTION OF COMMISSIONER HOUCK, WITH SECOND BY COMMISSIONER

PARKER, AND BY UNANIMOUS VOTE, THE BOARD APPROVED OPTION NO. 1 FOR

INMATE MEDICAL COVERAGE WITH A $15,000 DEDUCTIBLE COST PER INM?CL'E

AND A $250,000 LIMIT OF COVERAGE PER INMATE, AT A YEARLY COST OF

$31,020, AS AGENDAED BY THE COUNTY ADMINISTRATOR.

BOARD INFORMATIONAL ITEMS:

THE COUNTY ATTORNEY ADVISED THAT DCA HEARINGS WENT AS WELL AS COULD

BE EXPECTED UNDER THE CIRCUMSTANCES. THAT A TRANSCRIPT WILL BE

AVAILABLE IN 2-3 WEEKS, THAT THE COUNTY AND STATE HAVE THIRTY (30)

DAYS TO SEND THE PROPOSED ORDER TO THE ADMINSTRATIVE JUDGE, WITH

THE JUDGE HAVING 30 DAYS TO MAKE A FINAL DECISION. THE COUNTY

ATTORNEY STATED THAT HE FEELS THE COUNTY HAS A GOOD CASE.

CHAIRMAN WIGGINS DISCUSSED BUSHES ON HOLT ROAD AND DEBRIS ON COUNTY

ROADS .

AFTER EXAMINATION OF THE CURRENT BILLS BY THE BOARD, COMMISSIONER

PAGE MOVED, WITH SECOND BY COMMISSIONER PATTERSON, AND UNANIMOUSLY

PASSED BY THE BOARD, THAT THE MONTHLY BILLS BE APPROVED AS FOLLOWS:

E'UND WARRANT NOS.

GENERAL REVENUE E'UND 040733 THROUGH 040832 INCLUSIVE

ROAD AND BRIDGE E'UND 5011251 THROUGH 5011273 INCLUSIVE

AND THAT THE CHAIRMAN AND THE CLERK BE AUTHORIZED TO ISSUE COUNTY

WARRANTS COVERING SAME.

THE HOUR BEING APPROXIMATELY 7:30 P.M., AND THERE BEING NO FURTHER

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Page: 1

Book Type[ BOCC I Date[ 09/28/2010 1 Time[ 3:00 P.M. Book#[ 56 I Minutes#[ 16 I Meeting-Type [ SPECIAL

BOARD OF COUNTY COMMISSIONERS

TAYLOR COUNTY, IZLORIDA

COURTHOUSE ANNEX

M I N U T E S

TUESDAY, SEPTEMBER 28, 2010

3:00 P.M.

THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, MET IN

SPECIAL SESSION ON THE ABOVE DATE.

PRESENT WERE MARK WIGGINS, CHAIRMAN, LONNIE HOUCK, PATRICIA

PATTERSON, MALCOLM PAGE AND RUDOLPH PARKER, A FULL BOARD BEING

PRESENT. COUNTY ADMINISTRATOR, JACK BROWN, WAS ALSO PRESENT.

GARY KNOWLES, DEPUTY CLERK OF COURT, LED THE BOARD IN PRAYER,

FOLLOWED BY PLEDGE OF ALLEGIANCE -TO THE FLAG. THE BOARD WAS THEN

CALLED TO ORDER BY CHAIRMAN WIGGINS, AND BUSINESS TRANSACTED AS

FOLLOWS :

A. JAY MOSELY, REPRESENTING MERIDIAN, APPEARED TO DISCUSS THE

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND

OPPORTUNITIES FOR TAYLOR COUNTY.

MR. MOSELY ADVISED THAT TAYLOR COUNTY HAS A LOW SCORE, AND WILL

HAVE PROBLEMS RECEIVING FUNDS. THAT APPLICATIONS ARE DUE BY

NOVEMBER 15, 2010 IF THE COUNTY CHOOSES TO APPLY. MR. MOSELY

RECOMMENDED THAT TAYLOR COUNTY APPLY FOR THE HOUSING REHABILITATION

CATEGORY, AS TAYLOR COUNTY CAN HAVE ONE NEW ECONOMIC DEVELOPMENT

GRANT EVERY YEAR TO ASSIST IN CREATING NEW JOBS. MELODY COX, GRANTS

COORDINATOR, RECOMMENDED THAT THE BOARD BE THE LEAD AGENT FOR THE

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CITY OF PERRY, WHICH WOULD ENABLE FUNDS TO BE AVAILABLE FOR CITY OF

PERRY RESIDENTS.

B. THE BOARD FURTHER DISCUSSED AMENDING THE LAND DEVELOPMENT

CODE (LDC) REGULATING RECREATIONXL VEHICLE DENSITY ON A LOT OR

PARCEL.

DANNY GRINER, COUNTY BUILDING OFFICW, DISCUSSED AN APPLICATION TO

AMEND THE LDC, THAT HE HAS PREPARED, AND REQUESTED BOARD DIRECTION.

LEE ELLISON, PRESENT IN THE AUDIENCE, SPOKE IN OPPOSITION TO THE

RESTRICTION, AS HE HAS PURCHASED A LOT WITH THE INTENTION OF

PUTTING TWO (2 ) RV' S ON THE LOT.

DAVE MALONE, A CEDAR ISLAND RESIDENT, STATED THAT HE EXPECTS GROWTH

IN THE AREA, AND THAT HE SUPPORTS THE RV DENSITY RESTRICTIONS.

THE BOARD DISCUSSED ZCLLOWING SIX (6) MONTHS TIME, FOR THOSE CURRENT

RVfS THAT DO NOT COMPLY, TO MOVE. IT WAS A CONSENSUS OF THE BOARD

TO PLACE APPLICATIONS ON THE NEXT AGENDA FOR APPROVZCL. IT WAS A

FURTHER CONSENSUS OF THE BOARD TO APPROVE THE LDC SETBACK

APPLICATION LANGUAGE.

THE COUNTY ADMINISTRATOR ADVISED THAT HE WILL AGENDA THE ISSUE OF

CLOSING THE ERIDU ROLL-OFF SITE FOR DISCUSSION AT THE NEXT REGULAR

MEETING, TO BE HELD ON MONDAY, OCTOBER 4, 2010.

C. THE BOARD FURTHER DISCUSSED SPORTS COMPLEX OPERATIONAL ISSUES

AND OVERSIGHT.

KENNETH DUDLEY, COUNTY ENGINEER, PRESENTED SEVERAL SPORTS COMPLEX

CONCESSIONS SCENARIOS IE: PAYING WORKERS VS. VOLUNTEERS, AND

ADMISSIONS/CONCESSIONS VS . CONCESSIONS ONLY. COMMISSIONER PAGE

RECOMMENDED CHARGING ADMISSION FOR ADULTS ONLY. MR. DUDLEY

RECOMMENDED THAT THE BOARD CONSIDER AN ANNUAL PASS FOR FAMILIES. IT

WAS A CONSENSUS OF THE BOARD TO CONSIDER ANNUAL PASSES.

D. THE BOARD DISCUSSED ROAD PAVING PROGRAMS, STATUS, AND ISSUES.

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IT WAS STATED THAT TAYLOR COUNTY IS AT A 6-CENT LOCAL OPTION GAS

TAX.

E. THE BOARD DISCUSSED THE SUNSHINE LAW AS IT RELATES TO THE

BOARD, OTHER BOARDS, AND COMMITTEES.

IT WAS STATED THAT THE BOARD OF DOCTORS' MEMORIAL HOSPITAL (Dm) IS

IN THE "SUNSHINE".

F. THE BOARD DISCUSSED THE IDEAL MARINA BOAT RAMP PROJECT IN

STEINHATCHEE.

THE COUNTY ADMINISTRATOR ADVISED THAT HE IS STILL WAITING TO

RECEIVE AN APPRAISAL OF THE MARINA. THAT HE WANTS TO PRESENT A SITE

PLAN TO STEINHATCHEE RESIDENTS AT A PUBLIC MEETING ON MONDAY,

OCTOBER 25, 2010,AT 6:00 P.M., AT THE STEINHATCHEE COMMUNITY CENTER

G. THE BOARD FURTHER DISCUSSED MAINTENANCE OF THE 1ST. AVE. N.E.

BOAT RAMP IN STEINHATCHEE.

THE DISCUSSION WAS TABLED UNTIL THE COSTS OF THE IDEAL MARINA

PROJECT CAN BE SECURED.

H. THE BOARD FURTHER DISCUSSED BOAT RAMP OPERATIONS.

THE COUNTY ADMINISTRATOR ADVISED THAT HE WILL SUBMIT AN ORDINANCE

CHANGE FOR THE BOARDr S CONSIDERATION WITH REGARDS TO THE

DISIGNATION OF AN EMPLOPEE FOR CODE ENFORCEMENT.

I. THE BOARD DISCUSSED FINAL BUDGET ISSUES FOR FY 2011 AND BUDGET

COMMITTEE ISSUES FOR FY 2012.

THE COUNTY ADMINISTRATOR ADVISED THAT HE WOULD LIKE TO EXPLORE THE

OPTION OF GIVING A CHRISTMAS BONUS TO EMPLOYEES OF THE BOARD AND

CONSTITUTIONAL OFFICERS.

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J. THE BOARD DISCUSSED GUIDANCE FOR UPCOMING BOARD WORKSHOPS

INCLUDING FREQUENCY, START, AND END TIMES.

COMMISSIONER HOUCK REQUESTED L I M I T I N G WORKSHOPS TO FOUR (4) HOURS.

THE HOUR BEING APPROXIMATELY 6:55 P . M . , AND THERE BEING NO FURTHER

BUSINESS , THE MEETING ADJOURNED, SUBJECT TO CALL.

BOARD O F COUNTY COMMISSIONERS

TAYLOR COUNTY, FLORIDA

BY:

MARK WIGGINS, CHAIRMAN

ATTEST:

GARY KNOWLES, D .C . FOR

ANNIE MAE MURPHY, CLERK

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Book Type[ BOCC I Date[ 10/04/2010 I Timet 6:00 P.M. Book#[ 56 I Minutes#[ 17 I Meeting-Type [ REGULAR

BOARD OF COUNTY COMMISSIONERS

TAYLOR COUNTY, FLORIDA

COURTHOUSE ANNEX

M I N U T E S

MONDAY, OCTOBER 4, 2010

6:00 P.M.

THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, MET IN

REGULAR SESSION ON THE ABOVE DATE.

PRESENT WERE MARK WIGGINS, CHAIRMAN, LONNIE HOUCK, PATRICIA

PATTERSON, MALCOLM PAGE AND RUDOLPH PARKER, A FULL BOARD BEING

PRESENT. COUNTY ATTORNEY, CONRAD BISHOP; WAS ALSO PRESENT.

COMMISSIONER PATTERSON LED THE BOARD IN PRAYER, FOLLOWED BY PLEDGE

OF ALLEGIANCE TO THE FLAG. THE BOARD WAS THEN CALLED TO ORDER BY

CHAIRMAN WIGGINS, AND BUSINESS TRANSACTED AS FOLLOWS:

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE AMENDED

AGENDA FOR THIS DATE, AS FOLLOWS:

1. ADD AS ITEM NO. 3-A., BOB BROWN, CITY MANAGER, TO APPEAR TO

DISCUSS OFFICIAL NOTIFICATION OF CITY PROPOSAL TO MODIFY THE

EXISTING BOUNDARIES OF THE CITY'S COMMUNITY REDEVELOPMENT

DISTRICT.

2. ADD AS ITEM NO. 19-A. , THE BOARD TO CONSIDER APPROVAL TO

ADVERTISE REQUEST FOR PROPOSALS FOR THE STEINHATCHEE PARK

PROJECT, AS AGENDAED BY THE COUNTY ENGINEER.

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JACK BROWN, COUNTY ADMINISTRATOR, ON BEIIALF OF BOB BROWN, CITY

MANAGER, DISCUSSED OFFICIAL NOTIFICATION OF A CITY PROPOSAL TO

MODIFY THE EXISTING BOUNDARIES OF THE CITY'S COMMUNITY

REDEVELOPMENT DISTRICT. UPON MOTION OF COMMISSIONER PATTERSON, WITH

SECOND BY COMMISSIONER PAGE, THE BOARD VOTED TO RE-AGENDA THIS

MATTER EDR DISCUSSION AT THE BOARD'S NEXT REGULAR MEETING, TO BE

HELD ON TUESDAY, OCTOBER 19, 2010, IN ORDER FOR THE CITY MANAGER TO

APPEAR.

COMMENTS AND CONCERNS FROM TEE PUBLIC FOR NON-AGENDAED Il'EM'S:

NONE

CONSENT ITEMS :

UPON MOTION OF COMMISSIONER PARKER, WITH SECOND BY COMMISSIONER

PAGE, AND BY UNANIMOUS VOTE, THE BOARD APPROVED CONSENT ITEM NOS.

FOUR (4) THROUGH EIGHT (8) , AS FOLLOWS :

4. THE APPROVAL OF THE AGREEMENT WITH THE DEPARTMENT OF EMERGENCY

MANAGEMENT FOR THE EMERGENCY MANAGEMENT PREPAREDNESS GRANT FOR

FY 2010-2011, ON FILE WITH LAWANDA PEMBERTON, ASSISTANT COUNTY

ADMINI STRATOR.

5. THE APPROVAL TO SET DATES FOR TWO (2) PUBLIC HEARINGS TO

RECEIVE PUBLIC INPUT REGARDING THE UPCOMING FUNDING CYCLE OF

THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, AS REQUESTED BY MELODY

COX, GRANTS COORDINATOR.

SAID PUBLIC HEARINGS SCHEDULED FOR TUESDAY, OCTOBER 19, 2010 AT

6:15 P.M., AND MONDAY, NOVEMBER 1, 2010 AT 6:15 P.M.

6. THE APPROVAL TO SET DATES FOR 2 PUBLIC HEARINGS TO RECEIVE

PUBLIC INPUT REGARDING THE UPCOMING FUNDING CYCLE OF THE

COASTAL PARTNERSHIP INITIATIVE GRANT PROGRAM, AS REQUESTED BY

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THE GRANTS COORDINATOR.

SAID PUBLIC HEARING SCHEDULED FOR TUESDAY, OCTOBER 19, 2010 AT 6:10

P.M., AND MONDAY, NOVEMBER 1, 2010 AT 6:10 P.M.

7 . THE APPROVAL OF CHANGE ORDER NO. ONE (1) WITH ANDERSON COLUMBIA

COMPANY FOR THE WIDENING AND RESURFACING OF PISGAH ROAD, ON

FILE WITH THE COUNTY ENGINEER.

8. THE APPROVAL TO SCHEDULE SIX (6) PRESENTATIONS FROM

PROFESSIONAL SURVEYING & MAPPING RESPONDENTS FOR THE NEXT

REGULAR MEETING OF THE BOARD, TO BE HELD ON TUESDAY, OCTOBER

19, 2010.

SAID PRESENTATIONS TO BEGIN AT 5:00 P.M.

THE BOARD HAVING HERETOFORE ADVERTISED FOR A PUBLIC HEARING, FOR

THIS DATE AT 6:10 P.M., OR AS SOON THEREAFTER AS POSSIBLE, FOR THE

SECOND READING OF THE PROPOSED ORDINANCE AND ADOPTION OF CPA

10-01, AN APPLICATION BY SECRET PROMISE, LLC (RESERVE AT SWEETWATER

ESTUARY COMPREHENSIVE PLAN FUTURE LAND USE MAP AND TEXT AMENDMENT).

UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

PAGE, AND BY UNANIMOUS VOTE, THE COUNTY ATTORNEY WAS AUTHORIZED TO

READ THE PROPOSED ORDINANCE BY TITLE.

ALL PERSONS PRESENT WERE GIVEN THE OPPORTUNITY TO DISCUSS AND ASK

QUESTIONS REGARDING THE PROPOSED ORDINANCE.

BRENNA DURDEN, REPRESENTING SECRET PROMISE LLC AND DR. PRUITT,

APPEARED TO DISCUSS THE PROJECTS PROGRESS SINCE MAY, 2010, WHEN THE

BOARD APPROVED TRANSMITTAL OF DOCUMENTS TO DCA, AND PRESENTED AN

OVER VIEW OF THE PROJECT. MS. DURDEN DISCUSSED TEXT AMENDMENT

WORDING AND CHANGES TO FUTURE LAND USE.

UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

HOUCK, AND BY UNANIMOUS VOTE, THE BOARD COUNTY ATTORNEY WAS

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AUTHORIZED TO READ THE AMENDED PROPOSED ORDINANCE BY TITLE.

DANNY ELLISON APPEARED AND QUESTIONED IF THE PROJECT WILL SUPPORT A

BOAT RAMP TO SERVICE THE DEVELOPMENT. MS. DURDEN STATED THAT KAYAK

LAUNCHING WILL BE AVAILABLE.

KENNETH HUTCHINS APPEARED AND ADVISED THAT HE SUPPORTS THE PROJECT.

GLENN SENTER, TAYLOR COASTAL WATER & SEWER DISTRICT (TCWSD) ,

DISCUSSED WATER AND SEWER ISSUES WITHIN THE DEVELOPMENT.

TEIE BOARD ADVISED THAT THEY SUPPORT THE PROJECT.FOR THE GROWTH AND

JOBS FOR THE COUNTY.

NO OTHER PERSONS SPOKE REGARDING THE PROPOSED ORDINANCE.

AFTER DISCUSSION, AND UPON MOTION OF COMMISSIONER PAGE, WITH SECOND

BY COMMISSIONER PARKER, AND BY UNANIMOUS VOTE, THE BOARD ADOPTED

COUNTY ORDINANCE NO. 2010-11, AS FOLLOWS:

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soux 3 PAGE 33 ORDINANCE 201 0 - I C

AN ORDINANCE OF TAYLOR COUNTY FLORIDA, AMENDING THE IWTURX LAND USE MAP AND THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE TAYLOR COUNTY COMPREHENSIVE PLAN, PURSUANT TO AN APPLICATION CPA 10-01, BY SECRET PROMISE, LLC FOR THE RESERVE AT SWEETWATER ESTUARY, UNDER THE AMENDMENT PROCEDURES ESTABLISHED. IN SECTIONS 163.3161 THROUGH 163.3215, FLORIDA STATUTES, AS AMENDED; PROVlDING FOR AMENDING THE FUTURE LAND USE MAP AND THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN BY AMENDING CERTAIN LAND USE DESIGNATIONS ON THE FUTURE LAND USE MAP FROM AGRICULTURE- RURAL RESIDENTIAL, AND MMED USE URBAN DEVELOPMENT TO SWEETWATER RESORT COMMUNITY, A NEW FUTURE LAND USE CATEGORY; AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT TO ADD THE SWEETWATER RESORT COMMUNITY AS A NEW LAND USE CATEGORY DESCRIBING PERMITTED USES AND REQUIREMENTS APPLICABLE TO THE SWEETWATER RESORT COMMUNITY AREA; AND APPROVING A 'SWEETWATER SUB-AREA MAP AND A PASSIVE RECREATION MAP AS PART OF THE FUTURE LAND USE MAP SERIES OF THE COMPREHENSIVE PLAN; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.

, WHEREAS, Section 125.01, Florida Statutes, empowers the Board of County Commissioners of Taylor County, Florida, hereinafter referred to as the Board of County Commissioners, to prepare, adopt and implement a Comprehensive Plan;

WHEREAS, Sections 163.3 161 to 163.3215, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, empowers and requires the Board of County Commissioners to prepare, adopt and implement a comprehensive plan;

WHEREAS, an application for an amendment, as described below, has been filed with the County;

WHEREAS, the Planning Board of Taylor County, Florida, hereinafter referred to as the Planning Board, has been designated as the Local Planning Agency of .Taylor County, Florida, hereinafter referred to as the Local Planning Agency,

WHEREAS, pursuant to Section 163.3174, Florida Statutes, as amended, and Land Development Regulations, the Planning Board, serving also as the Local Planning Agency, held the required public hearing, with public notice having been provided, on said application for an amendment, as described below, the Planning Board, serving also as the Local Planning Agency, reviewed and considered and all comments received during said public hearing concerning said application for an amendment, as described below; and

WHEREAS, the Board of County Commissioners held the required public hearing, with public notice having been provided, under the procedures established in Sections 163.3161 to

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163.3215, Florida Statutes, on said application for an amendment, as described below, and at said public hearing, the Board of County Commissioners reviewed and considered all comments received during said public hearing, including the recommendation of the Planning Board, serving also as the Local Planning Agency, concerning said application for an amendment, as .

"

descriied below; and

WHEREAS, the Board of County Commissioners has determined and found that approval of said application for an amendment, as described below, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, AS FOLLOWS:

Section 1. Pursuant to an application, CPA 10-01 by Secret Promise, LLC, to amend the Taylor County Comprehensive Plan, Policy 1.3.2 of the Taylor County Comprehensive Plan is hereby amended to add a new land use category and description, the Sweetwater Resort Community, as more particularly desmied on Exhibit "A", attached hereto and made a part hereof

Section 2. pursuant to an application, CPA 10-01, by Secret Promise, LLC, to amend the Comprehensive Plan, the Future Land Use Map of the Comprehensive Plan is hereby amended to change the land use category of approximately 1291 acres fiom Agriculture-Rural Residential and Mixed Use-Urban Development to Sweetwater Resort Community, as more particularly described in Exhibit 'W, entitled "Proposed Future Land Use".attached hereto and made a part hereof . .

Section 3. Exhibit "C", attached hereto and made hereof, entitled "Proposed Future Land Use. Sub-Areas," establishing sub-areas and development nodes within the Sweetwater Resod Community land use category, is hereby approved and made a part of the future land use map series of the Taylor Coimty Comprehensive Plan.

Section 4. Exhibit "D", attached hereto and made a part hereof, entitled 'Tassive Recreation," showing the conceptual layout of boardwalks, nature trails and kayak trails within the Sweetwater Resort Community land use category, is hereby approved and made a part of the future land use map series of the Taylor County Comprehensive Plan.

Section 5. Severability. If any provision or portion of this ordinance is declared by any court o f competent jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. . .

Section 6. Codict. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. !

. .

Section 7. Effective Date. Pursuant to Section 125.66, Florida Statutes, a certified wpy of this ordinance shall be filed with the Florida Department of State by the Clerk of the Board of County Commissioners within ten (10) days afier enactment by the Board of County

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Page: 7

Boi ls 3 PAGE 35 Commissioners. This ordinance shall become effective upon filing of the ordinance with the Florida Department of State. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1(b), Florida Statutes, whichever is applicable. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be effective by adoption of a resolution a f h m h g its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team An adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the local government adopts a resolution affirming its effectiveness in the matter provided by law.

Section 8. Authority. This ordinance is adopted pursuant to the authority granted by Section 125.01, Florida Statutes, as amended, and Sections 163.3161 through 163.3215, Florida Statutes, as amended.

PASSED AND DULY ADOPTED, with a quorum present and voting, by the Board of . County Commissioners in regular session this 4th day of October, 201 0.

ATTEST: BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA

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Page: 9

BOaK 3 PAGE 37

residential, hotellconference center, commercial uses, golf course, civic/public uses, roads, utilities and other infrastructure services, silvicultural uses except in the Conservation Area, recreation and conservationlpreservation uses.

b) DensityAntensity. Development within the Sweetwater Resort Community land use category shall be limited to:

1. 624 residential units, 40,O resort hotel rooms, 150,000 square feet of commercial space, civic/public uses, roads, pedest~ianlbikinglcart trails, passive recreation, boardwalks, kayak launching facility and supporting infrastructure. Development Nodes A, B, and C as shown on Figure 4, will be limited to a total of 150 residential units and associated recreation uses with a neighborhood commercial center limited to 30,000 square feet located in Node B to serve the residential development. A neighborhood commercial center will also be located in node D to serve the hotel and residential development.

2. No more than 190 of the 624 residential units and no more than 150 of the 400 resort hotel rooms shall be allowed in the coastal high hazard area. Buildings shall be limited to a maximum of four habitable stories.

3. An 18-hole golf course, a clubhouse no larger than 12,000 square feet, a maintenance facility no larger than 6,500 squarefeet, and supporttng infrastructure.

4) Infrastructure. Central infrastructure shall be planned and designed for potable water, sanitary sewer, roadways, and drainage. The County shall not be responsible for funding the provision of transportation and infrastructure required to support proposed development within the Sweetwater Resort Community. These systems will ultimately be maintained by the developer, homeowners or condominium or property owners association, a Community Development District, or other similar responsible entity.

a) Potable Water. AIl potable water needs within the proposed development shall be serviced by a central potable water system. The developer will construct or cause to be constructed all necessary water service infrastructure to service the development.

b) Sanitary Sewer. All sanitary sewer needs within the proposed development shall be serviced by a central sanitary sewer system. The developer will provide wastewater treatment and disposal that complies with the applicable provisions of paragraph (4)(c) beiow. It is propbsed that the wastewater treatment facility will use the Advanced Wastewater

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HOSPITAL ITEMS :

RICHARD POWELL, POWELL AND JONES, APPEARED TO PRESENT THE FINANCIAL

AUDIT FOR DOCTORS' MEMORIAL HOSPITAL (DMH), FOR THE FISCAL YEARS

ENDED MAY 31, 2009 AND 2010. MR. POWELL ADVISED OF A CLEAN,

UNQUALIFIED OPINION, WITH FINANCIAL STATEMENTS BEING AN ACCURATE

ACCOUNT OF THE STATUS OF DMH.

THE BOARD ORDERED THE AUDIT REPORT FILED IN THE PUBLIC RECORD.

RICHARD HUTH, CEO, DMH, APPEARED AND PRESENTED THE DMH FINANCIAL

REPORT AS OF AUGUST 31,2010. MR. HUTH ADVISED OF AN OPEN HOUSE TO

BE HF,LD ON OCTOBER 21, 2010, FROM 5:00 TO 7:00 P.M., TO MEET THE

NEW PHYSICIANS AND TO VIEW THE NEW RADIOLOGY EQUIPMENT PURCHASED BY

TIIE COUNTY.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD APPROVED PAYMENT OF AN

INVOICE, AS SUBMITTED BY DMH, IN TIIE AMOUNT OF $25,000 FOR

EMERGENCY MEDICAL SERVICES (EMS) FOR, SEPTEMBER, 2 0 10.

FRANK DARABI AND COMMISSIONER PAGE, ON BE?IALF OF AUCILLA AREA SOLID

WASTE, APPEARED AND PRESENTED A CHECK TO TAYLOR COUNTY, IN TRE

AMOUNT OF $141,500, TIIE COUNTY'S PORTION OF THE LANDFILL CLOSURE

ESCROW ACCOUNT, WITH THE REFOND BEING BASED ON TEE TONAGE TAKEN TO

THE LANDFILL.

AT THE REQUEST OF STEPHEN HOLLOWELL, BIG BEND WATER AUTHORITY

(BBWA) , +ND UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY

COMMISSIONER PARKER, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE

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Page: 16

2010-2011 BUDGET AND WATER AND SEWER RATES.

JACK BROWN, COUNTY ADMINISTRATOR, PRESENTED RECOMMENDATIONS

REGARDING STAFFING AND OPERATIONS OF THE ERIDU ROLL-OFF SITE. MR.

BROWN RECOMMENDED THE HOURS FOR OPERATION OF TUESDAY, WEDNESDAY AND

SATURDAY, EIGHT (8) HOURS PER DAY, AND THE POSSIBLE INSTUTION OF

A WALK-THRU GATE.

FIVE (5) PERSONS PRESENT IN THE AUDIENCE SPOKE IN SUPPORT OF THE

PLAN. UPON MOTION OF COMMISSIONER PARKER, WITH SECOND BY

COMMISSIONER PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD APPROVED

THE PLAN AS OUTLINED BY THE COUNTY ADMINISTRATOR FOR THE OPERATION

OF THE ERIDU ROLL-OFF SITE.

THE BOARD DISCUSSED APPROVAL OF AN APPLICATION TO AMEND THE LAND

DEVELOPMENT CODE (LDC) TO REGULATE RECREATIONAL DENSITY ON A LOT OR

PARCEL IN CERTAIN SPECIAL FLOOD HAZARD AREAS, AS AGENDAED BY DANNY

GRINER, COUNTY BUILDING OFFICIAL.

DANNY ELLISON APPEARED AND STATED THAT HE IS OPPOSED TO THE

APPLICATION, AS LOT OWNERS THAT SECURED THE PROPER PERMITS SHOULD

BE " GRANDFATHERED - IN" .

COMMISSIONER PARKER MADE A MOTION, WITH SECOND BY COMMISSIONER

PAGE, TO TRANSFER THE ISSUE TO THE TAYLOR COUNTY PLANNING BOARD FOR

PUBLIC HEARING.

VOTING ON THE MOTION WAS AS FOLLOWS:

YEA: COMMISSIONERS PARKER, PAGE, WIGGINS AND HOUCK

NAY: COMMISSIONER PATTERSON

THE MOTION CARRIED.

COMMISSIONER HOUCK MADE A MOTION, WITH SECOND BY COMMISSIONER

PATTERSON, TO CHANGE PARAGRAPH E. (WATER ORIENTED COMMERCIAL) FROM

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ONE (1) UNIT PER TWO (2) ACRES TO 1 UNIT PER 2500 SQUARE FEET.

VOTING ON THE MOTION WAS AS FOLLOWS:

YEA: COMMISSIONERS HOUCK, PATTERSON AND PARKER

NAY: COMMISSIONERS PAGE AND WIGGINS

THE MOTION CARRIED.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

HOUCK, AND BY UNANIMOUS VOTE, THE BOARD APPROVED AN APPLICATION TO

AMEND THE LDC WHICH REGULATES SETBACKS FOR RECREATION VEHICLES ON A

LOT OR PARCEL, AS AGENDAED BY THE COUNTY BUILDING OFFICIAL.

THE BOARD DISCUSSED APPROVAL OF SATISFACTIONS OF SECOND MORTGAGE

FOR THE FOLLOWING INDIVIDUALS, WHO RECEIVED FIRST TIME HOMEBUYERS

DOWN PAYMENT ASSISTANCE THROUGH THE SHIP PROGRAM, AS AGENDAED BY

THE GRANTS COORDINATOR:

LONNIE AND JOAN HENRY

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

HOUCK, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE FOLLOWING

SATISFACTION OF SECOND MORTGAGE FOR LONNIE AND JOAN HENRY:

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SATISFACTION OF SECOND MORTGAGE

KNOW ALL MEN BY THESE PRESENTS: That We, TAYLOR COUNTY, FLORIDA, the owners and holders of a certain Second Mortgage Under Taylor County, Florida Local Housing Partnership Down Payment Assistance Program executed by LONNIE & JOAN HENRY, MARRIED PERSONS, bearing date the 19th day of August, A. D. 2005, recorded in Official Records Book 557,-pages 706-714, in the office of the Clerk of the Circuit Court of Taylor County, State of Florida, securing a sum of $6,800.00, and certain promises and obligations set forth in said mortgage deed, upon the property situate in said State and County described as follows, to-wit:

COMMENCE AT THE NW CORNER OF LOT 1, BLOCK "D" OF THE RE- RECORDING OF PACE-DOWJJNG SUBDMSION "GREEN ACRES" UNIT NO. 1 AS RECORDED IN PLAT BOOK 1, PAGE 1 17 OF THE PUBLIC RECORDS OF TAYJBR COUNTY, FJBRIDA FOR THE POINT OF BEGTNNMG, THENCE RUN S 89 DEGREES 05' 32" W 107.94 FEET; THENCE RUN S 00 DEGREES 49' 32" W 115.0 FEET TO THE NORTH R/W LINE OF DOWLING STREET; THENCE RUN N 89 DEGREES 05' 32" E ALONG SAID R/W LINE 107.94 FEET; THENCE RUN N 00 DEGREES 49' 32" E 11 5.0 FEET TO THE POINT OF BEGINNING. ALL IN TAYLOR COUNTY.

hereby acknowledge full payment and satisfaction of said note and mortgage deed, and surrender the same as cancelled, and hereby direct the Clerk of the said Circuit Court to cancel the same of record.

WITNESS my hand and seal this & day of 20 lo.

Signed, Sealed and Delivered in Pvej4j;j~ ',', , ,

6 ' ..:!'.. .,. .* . . &$:..* ....." . .. .: $.:$+"..** G 0 0 ~ , 7 : ; i I . ,

r~ i . . -. . MARK ~ 1 ~ ~ I N ~ Z ' r ; a i r p e r s o n BOARD OF COUNTY COMMISSION TAYLOR COUNTY, FLORIDA

ANNTE MAE MURPHY, clerk'

STATE OF FLORIDA COUNTY OF TAYLOR

I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared MARK WIGGWS, to me known to be the person described in and who executed the foregoing instrument and they ackoowledged before nie that they executed the same.

SS my hand and official seal ockW ,2010.

My Commission Expires:

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MACK AND RITA PHILLIPS

UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

PAGE, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE FOLLOWING

SATISFACTION OF SECOND MORTGAGE FOR MACK AND RITA PHILLIPS:

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SATISFACTION OF SECOND MORTGAGE

KNOW ALL MEN BY THESE PRESENTS: That We, T A n O R COUNTY, FLORIDA, the owners and holders of a certain Second Mortgage Under Taylor County, Florida Local Housing Partnership Down Payment Assistance Program executed by MACK PHILLIPS AND RITA A. PHILLIPS, AIWA RITA PEULLPS, HUSBAND AND WIFE, bearing date the 20th day of October, A. D. 2005, recorded in Official Records Book 562, pages 73-80, in the office of the Clerk of the Circuit Court of Taylor County, State of Florida, securing a sum of $6,296.50, and certain promises and obligations set forth in said mortgage deed, upon the property situate in said State and County described as follows, to-wit:

SEE ATTACHED SCHEDULE A

hereby acknowledge full payment and satisfaction of said note and mortgage deed, and surrender the same as cancelled, and hereby direct the Clerk of the said Circuit Court to cancel the same of record.

WITNESS my hand and seal this &*day of 0 C . b-ef ,2010.

Sinned, Sealed and Delivered - .

in Presence of: MJ&$> (SEAL,) MARK WIGGIN . Chaimerson BOARD OF COUNTY OM MISSION TAYLOR COUNTY, FLORIDA

L L J * e

ANME MAE MURPHJ!, c l d k

STATE OF FLORIDA COUNTY OF TAYLOR

I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared MARK WIGGINS, to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same.

W!JNESS my hand and official seal in the County and State l& aforesaid this day of o c b 2 0 1 0 .

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SATISFACTION OF SECOND MORTGAGE

KNOW ALL MEN BY THESE PRESENTS: That We, TAYLOR COUNTY, FLORIDA, the owners and holders of a certain Second Mortgage Under Taylor County, Florida Local Housing Partnership Down Payment Assistance Program executed by M I m L W. SMIT& bearing date the 29th day of September, A. D. 2005, recorded in Official Records Book 562, pages 144-155, in the office of the Clerk of the Circuit Court of Taylor County, State of Florida, securing a sum of $5,196.98, and certain promises and obligations set forth in said mortgage deed, upon the property situate in said State and County described as follows, tc-wit:

SEE ATTACXED SCHEDULE A

hereby acknowledge full payment and satisfaction of said note and mortgage deed, and surrender the same as cancelled, and hereby direct the Clerk of the said Circuit Court to cancel the same of record

WITNESS my hand and seal this 'day of O& b d ,2010.

Signed, Sealed and Delivered

(SEAL) MARK W l ~ ~ l N ~ h a i r ~ e r s o n BOARD OF COUNTY COMMISSION TAYLOR COUNTY, FLORIDA

Y - ~ ~ u C M U ~ ~ J J L U ANNE MAE MURPHY, clert

STATE OF EORIDA COUNTY OF TAYLQR

I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared MARK WIGGINS, to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same.

SS my hand and official seal in the County and State last aforesaid this &-day of

c$- NOIURYPUBLIC U

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JOSHUA AND LAURA CLARK

UPON MOTION OF COMMISSIONER PARKER, WITH SECOND BY COMMISSIONER

HOUCK, AND BY A 4-0 VOTE (PAGE ABSTAINED), THE BOARD APPROVED THE

FOLLOWING SATISFACTION OF SECOND MORTGAGE FOR JOSHUA AND LAURA

CLARK:

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Page: 26

SATISFACTION OF SECOND MORTGAGE

KNOW ALL MEN BY THESE PRESENTS: That We, TAYLOR COUNTY, FLORIDA, the owners and holders of a certain Second Mortgage Under Taylor County, Florida Local Housing Partnership Down Payment Assistance Program executed by JOSHUA AND LAURA CLARK bearing date the 23rd day of October, A. D. 2009, recorded in Official Records Book 651, pages 664-673, in the office of the Clerk of the Circuit Court of Taylor County, State of Florida, securing a sum of $6,900.00, and certain promises and obligations set forth in said mortgage deed, upon the property situate in said State and County described as follows, to-wit:

THE FOLLOWING DESCRIBED PROPERTY LYING AND BEING IN TAYLOR COUNTY, FLORIDA, T O - m :

COMMENCE AT TEIE SOTJ'EIEAST (SE) CORNER OF THE NORTHEAST QUARTER (NE %) OF THE SOUTHEAST QUARTER (SE 5) OF SECTION 2, TOWNSHIP 4 SOUTH, RANGE 7 EAST; THENCE RUN S 89' 14' 36" W ALONG TEE FORTY ACRE LINE 1929.26 FEET TO THE EASTERLY RIGECI' OF WAY LINE OF U S H1GHWAY NO 221; THENCE RUN N 16O 53' 44" W ALONG SAID EASTERLY R/W LINE 1540-24 FEET TO THE P. C. OF A CURVE; THENCE RUN ALONG SAID CURVE ON A CHORD BEARING OF N 16 ' 02' 42" W, CHORD DISTANCE 583.28 FEET; ARC DISTANCE 58330 FEET; RADIUS OF 19643.05 FEET TO TEIE P. T. OF SAID CURVE; THENCE RUN N 15O 09' 01" W ALONG SAID R/W LINE, 980.92 FEET; THENCE RUN N 74' 50' 59" E 310.01 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POB CONTINCTE N 74' 50' 59" E. 175.00 FEET; THENCE RUN S 15' 09' 01" W 124.46 FEET, THENCE RUN S 74' 50' 59" W, 175.00 FEET; THENCE RUN N 15' 09' 01" W 124.46 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 00.60 ACRE.

TOGETHER WITH 60 FOOT ROAD EASEMENT DESCRIBED AS FOLLOWS:

COMMENCE AT THE SOUTIIEAST (SE) CORNER OF THE NORTHEAST QUARTER (NE %) OF THE SOUTHEAST QUARTER (SE %) OF SECTION 2, TOWNSHIP 4 SOUTH, RANGE 7 EAST; TEENCE RUN S 89' 14' 36" W ALONG TEIE FORTH ACRE LINE 1929.26 FEET TO THE EASTERLY RIGECI' OF WAY LINE OF US HIGHWAY NO 221; TEENCE RUN N 16O 53' 44" W, ALONG SAID EASTERLY R/W LINE 1540.24 FEET TO THE P.C. OF A CURVE; THENCE RUN ALONG SAID CURVE ON CHORD BEARING OF N 16' 02' 42" W, CHORD DISTANCE 583.28 FEET; ARC DISTANCE 583.30 FEET; RADIUS OF 19463.05 FEET TO THE P.T. OF SAID CURVE; THENCE RUN N lSO 09' 01" W FEET; RADIUS ALONG SAID R/W LINE 980.92 FEET; TO THE POINT OF BEGINNING; THENCE FROM SAID POB RUN N 74' 50' 59" E, 485.01 FEET; THENCE RUN N lSO 09' 01" W, 60.00 FEET; THENCE RUN S 74' 50' 59" W, 485.01 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID U S HWY NO 221; THENCE RUN S 15O 09' 01" E, ALONG SAlD RIGHT OF WAY LINE, 60.00 FEET TO THE POINT OF BEGINNING.

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hereby acknowledge full payment and satisfaction of said note and mortgage deed, and surrender the same as cancelled, and hereby direct the Clerk of the said Circuit Court to cancel the same of record.

WITNESS my hand and seal this &*day of 2010.

Signed, Sealed and Delivered in Presence of:

BOARD OF COUNTY OMM MISSION TAYLOR COUNTY, FLORLDA

STATE OF FLORIDA COUNTY OF TAYLOR

I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared MARK WIGGINS, to me. h o r n to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same.

WITNESS my hand and official seal in the County and State last aforesaid this* day of

NO TAR^ PUBLIC

My Commission Expires:

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COMMISSIONER PAGE ABSTAINED FROM VOTING DUE TO HIS RELATION TO

LAURA CLARK, AND FILED THE FOLLOWING MEMORANDUM OF VOTING CONFLICT:

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Page: 2 9

FORM 86 MEMORANDUM OF VOTING CONFLICT FOR I

WHO MUST FILE FORM 8 8

This form is for use by any person sewing at the county, city, or other local level of govemment on an appointed or elected board, council.

conflict of interest under Section 112.3143. Florida Statutes. commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting

Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form.

INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES

A person holding elective or appointive county, municipal, or other local public oftice MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a oneacre, onevde basis are not prohibited from voting in that capacity.

For purposes of this law, a 'relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a parher, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange).

ELECTED OFFICERS:

In addition to abstaining from voting in the situafins desuibed above, you must disdose the conflict:

PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and

WlTHlN 15 DAYS AFTER M E VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes.

APPOINTED OFFICERS:

Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disdose the nature of the conflid before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction.

IF YOU IKTEND TO MAKE ANY ATEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN:

You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)

CE FORM 86 - EFF. 112000 PAGE I

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Page: 3 0

APPOINTED OFFICERS (continued)

A copy of the form must be pmvided immediately to the other members of the agency.'

The form must be read publidy at the next meeting aRer the form is filed.

IF YOU MAKE NO ATTEMfT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEmNG:

You must disclose orally the nature of your conflid!in the measure before participating.

You must complete the form and file it wiVlin 15 days afler the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of Vle form must be pmvided immediately to the other members of the agency, and the form must be read publidy at the next meeting afler the form is filed.

I DISCLOSURE OF LOCAL OFFICER'S INTEREST

I, rJ\,$dP&, d- $rd* . hereby disdose that on cg c+. 3, O l9 ,20 -:

(a) A measure came or will come before my agency which (he& one)

inured to my special private gain or loss;

d to Vle special gain or loss of my business associate,

inured to the special gain or loss of my relative, t 4 - w R A c&&/( - inured to Vle special gain or loss of . by

whom I am retained: or

- inured to the special gain or loss of , whid,

is the parent organization or subsidiary of a principal which has retained me.

- - Date Filed ' Signature

NOTICE: UNDER PROVlSlONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTiTUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000.

CE FORM 8B - EFF. 112000 PAGE 2

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SATISFACTION OF SECOND MORTGAGE

KNOW ALL MEN BY TEESE PRESENTS: That We, TA~LOR COUNTY, FLORIDA, the owners and holders of a certain Second Mortgage Under Taylor County, Florida Local Housing.Partnership Down .

Payment Assistance Program executed by JANET MONROE, bearing date the 1st day of July, A. D. 2005, recorded in Official Records Book 555, pages 121-133, in the office of the Clerk of the Circuit Court of Taylor County, State of Florida, securing a sum of $9,800.00, and certain promises and obligations set forth in said mortgage deed, upon the property situate in said State and County described as follows, tewit:

SEE ATTACHED SCaEDULE A

hereby acknowledge full payment and satisfaction of said note and mortgage deed, and surrender the same as cancelled, and hereby direct the Clerk of the said Circuit Court to cancel the same of record.

WITNESS my hand and seal this @lay of 0 C& h~ ,20 10.

Sipped, Sealed and Delivered - in Presence of: / f l d f l ~ ~ (SEAL)

MARK W I G G ~ , Chairperson BOARD OF COUNTY COMMISSION TAYLOR COUNTY, FLORIDA

ANNIE MAE MURPHY, klerM

STATE OF FLORIDA COUNTY OF TAYLOR

I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared MARK WIGGINS, to me known to be the person described in and who executed the foregoing instrument and they aclmowledged before me that they executed the same.

TNEXS my hand and offcia1 seal in the County and State last aforesaid this day of mbJs/ ,2010.

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DESCRIPTION OFFICIAL RECORD 13 1, PAGE 766 i

COMMENCE AT THE SOUTHWBST CORNER OF TWE NE 1/4 OF SE 1/4 OF SECTION 19, i TOWNSHIP 4 SOUTH. RANGE 8 EAST. THENCE RUN IN AN E A S m Y D E C T I O N ALONG THE NORTH RIGHT-OF-WAY LINE OF THE SAN PEDRO (STATE ROAD #S-356) ROAD 835 FEET FOR A POIhT OF BEGINNING; THENCE FROM S A I D POINT OF BEGINNING RUN NORTH 208.7 m; THENCE RUN EAST 708 FEET' THENCE RUN SOUTH 208.7 FEET; THENCE RUN WEST 70 FEET TO THE POINT OF BEGINNING.

SUBJECT TO THAT CERTAIN EASEMENT GRANT HELD BY THE HOUSTON TEXAS GAS AND O& CORPORATION. A TEXAS CORPORATION DATED JANUARY 14,1959, AND RECORDED IN OFFICIAL RECORD BOOK 8, PAGE 248. PUBLIC RECORDS OF TAYLOR COUNTY, FLORZDA.

DESCRIPTION OFFICIAL RECORD 92, PAGE 479

COMMENCE AT THE SOUTf-TWEST CORNER OF THE NE I/4 OF SE1f4 OF SECTION 13, TOWNSHIP 4 SOUTH RANGE 8 EAST, THENCE RUN IN AN EASTERLY DIRECTION ALONG THE NORTH RIGHT-OF-WAY LINE. OF THE SAN PEDRO (STATE ROAD #S-356) ROAD 905 FEET FOR A POINT OF BEGINNING' THENCE FROM SAID POJN'I OF BEGINNlNG RUN NORTH 208.7 FEET; THENCE RUN EAST 105 FEET; THENCE RUN ,

SOUTH 208.7 FEET; THENCE RUN WEST 105 FEET TO THE POINT OF BEGINNING. .<.

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RESOLUTION NO.. ~ , / h A RESOLUTION OF TAYLOR COUNTY, FLORIDA EXPRESSING INTEREST TO C O W RIGJlTS OF USE AND ACCES TO CERTAIN TAYLOR COUNTYA!SEl'S TO THE NORTH FLORIDA BROADBAND

AUTHOFUTY FOR USE IN ITS BROADBAND NITWORK; STATING A NEED FOR SUCH CO-; PROVIDING FOR AN EFFECTTVE DATE

WHEREAS, the North Florida Broadband Authority (the "NFBA") was created by interlocal agreement on August 7,2009 between the Counties of Baker, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Jefferson, Lafayette, Levy, Madison, Putnam, Suwannee, Taylor, Union, and Wakulla and the City of Cedar Key, Town of Cross City, City of Lake City, City of Live Oak, City of Monticello, City of Perry, Town of White Springs, and the City of Worthington Springs. to submit an application for federal stimulus funding to develop broadband middle mile infrastructure to serve the NFBA member communities; and

WHEREAS, the NFBA was notified on February 18, 2010 of the award of BTOP Grant #NTlOBIX5570023 in the amount of $30,142,676 to develop its broadband network; and

WHEREAS, during the application process each NFBA member identified certain assets owned by the NFBA member which could be contributed as in kind assets to meet matching fund requirements of the BTOP program.

WHEREAS, Taylor County, Florida (the "County"] has interest in committing rights of use and access to certain assets owned by the County and identified in Exhibit A (the "in kind assets") to the NFBA for use in its broadband network; and

WHEREAS, the County has an interest to convey an interest and rights of use to the NFBA of the in kind asset; and

WHEREAS, the County acknowledges that final terms and conditions of conveyance will be determined upon final acceptance of respective agreements to be executed and recorded as required by the conditions and terms of the NTIA BTOP grant award; and

WHEREAS, the County has identified certain in kind assets for the purposes of this interest in commitment, as described in Exhibit A.

NOW, THEREFORE BE IT RESOLVED:

1. . Commencing with the effective date of this resolution and continuing through such term as agreed upon in the final conveyance agreements, the County has an interest to commit rights of use and access, to the NFBA for those in kind assets described in Exhibit A.

2. The County hereby determines that the provision of broadband infrastructure by the NFBA could be a benefit to the County.

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3. The County hereby determines that having an interest to access and rights of use to in kind assets allows NFBA broadband infrastructure to be efficiently and cost effectively deployed within the County; and could represent the County's contribution of grant cost matching.

4. Upon adoption, the County clerk is hereby directed to send a copy of this Resolution by United States mail to the North Florida Broadband Authority, Attn: Marguerite McCauley, 1500 Mahan Drive, Suite 250, Tallahassee, FL 32308.

5. This Resolution shall be effective upon adoption.

PASSED in regular session this $&day o f o ~ b b ~ , 2010.

ATTEST:

BOARD OF COUNTY COMMISSIONERS

L h w h - ' ANNIE MAE MURPHY, Cle

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UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PARKER, AND BY UNANIMOUS VOTE, THE BOARD APPROVED

SPECIFICATIONS/ADVERTISING FOR REQUEST FOR PROPOSALS (RFPS) FOR THE

STEINHATCHEE PARK PROJECT, AS AGENDAED BY THE COUNTY ENGINEER.

THE COUNTY ADMINISTRATOR ADVISED THAT THE APPRAISAL OF THE IDEAL

MARINA SITE HAS BEEN RECEIVED IN THE AMOUNT OF $2,540,000. MR.

BROWN REQUESTED THAT ACCEPTANCE OF THE APPRAISAL BE AGENDAED FOR

DISCUSSION AT THE NEXT REGULAR MEETING OF THE BOARD ON OCTOBER 19,

2010. THE COUNTY ATTORNEY WAS REQUESTED TO RESEARCH THE PURCHASE OF

PROPERTY BY THE COUNTY AND REQUIREMENTS.

THE COUNTY ADMINISTRATOR ADVISED OF A ECONOMIC SUMMIT TO BE HELD

ON MONDAY, OCTOBER 11, 2010 AT 6:00 P.M.

THE COUNTY ADMINISTRATOR ADVISED OF A SPECIAL MEETING TO BE HELD IN

STEINHATCHEE ON MONDAY, OCTOBER 25, 2010, AT 6:00 P.M., TO DISCUSS

THE SITE PLAN FOR THE PROPOSED BOAT RAMP AT THE OLD IDEAL MARINA

SITE.

THE COUNTY ADMINISTRATOR ADVISED OF THE DEDICATION OF THE SHADY

GROVE PARK ON THURSDAY, OCTOBER 28, 2010 AT 6:00 P.M.

THE COUNTY ADMINISTRATOR REMINDED THE BOARD OF THE BLUE STAR

MEMORIAL DEDICATION TO BE HELD ON FRIDAY, OCTOBER 8, 2010 AT 2:00

P.M. AT THE SPORTS COMPLEX.

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BOARD INFORMATIONAL ITEKS:

CHAIRMAN WIGGINS DISCUSSED THE CLEARWATER CREEK 911 ADDRESS ISSUE

AND WAS ADVISED THAT THE ISSUE IS A CIVIL MATTER AND IS NOT FOR THE

BOARD TO ADDRESS.

TEE BOARD EXPRESSED THEIR APPRECIATION TO ALL IN ATTENDANCE THIS

DATE.

AFTER EXAMINATION OF THE CURRENT BILLS BY THE BOARD, COMMISSIONER

HOUCK MOVED, WITH SECOND BY COMMISSIONER PARKER, AND UNANIMOUSLY

PASSED BY THE BOARD, THAT THE MONTHLY BILLS BE APPROVED AS FOLLOWS:

FLTND WARRANT NOS.

GENERAL REVENUE FUND 040833 THROUGH 040930 INCLUSIVE

ROAD AND BRIDGE FUND 5011274 THROUGH 5011298 INCLUSIVE

AND THAT THE CHAIRMAN AND THE CLERK BE AUTHORIZED TO ISSUE COUNTY

WARRANTS COVERING SAME.

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TIIE HOUR BEING APPROXIMATELY 9:00 P.M., AND THERE BEING NO E'URTHER

BUSINESS, COMMISSIONER PARKER MADE A MOTION, WITH SECOND BY

COMMISSIONER PATTERSON, TO ADJOURN. THE MOTION TO ADJOURN PASSED

BY UNANIMOUS VOTE OF THE BOARD, SUBJECT TO CALL.

BOARD OF COUNTY COMMISSIONERS

TAYLOR COUNTY, FLORIDA

BY:

MARK WIGGINS, CHAIRMAN

ATTEST :

ANNIE MAE MURPHY, CLERK

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Page: 1

Book Type[ BOCC I Date[ 10/19/2010 ] Time[ 6:00 P.M. ~ o o k # [ 5 6 I Minutes#[ 18 I Meeting-Type [ REGULAR

BOARD OF COUNTY COMMISSIONERS

TAYLOR COUNTY, FLORIDA

COURTHOUSE ANNEX

M I N U T E S

TUESDAY, OCTOBER 19, 2010

6:00 P.M.

THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, MET IN

REGULAR SESSION ON THE ABOVE DATE.

PRESENT WERE MARK WIGGINS, CHAIRMAN, LONNIE HOUCK, PATRICIA

PATTERSON, MALCOLM PAGE AND RUDOLPH PARKER, A FULL BOARD BEING

PRESENT. COUNTY ATTORNEY, CONRAD BISHOP, WAS ALSO PRESENT.

COMMISSIONER PATTERSON LED THE BOARD IN PRAYER, FOLLOWED BY PLEDGE

OF ALLEGIANCE TO THE FLAG. THE BOARD WAS THEN CALLED TO ORDER BY

CHAIRMAN WIGGINS, AND BUSINESS TRANSACTED AS FOLLOWS:

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE AGENDA FOR

THIS DATE, AS SUBMITTED.

TRE BOARD TO H E Z R EEN /lo) MINUTE PRESENTATIONS EROM PROFESSIONAL

SURVEYING h MAPPING RESPONDENTS, AS FOLLOWS:

1. CARDNO, TBE

2. CAUSSEAUX, BEWITT & WALPOLE , INC .

3. CPH ENGINEERS, INC.

4. DELTA PROFESSIONAL LAND SERVICES, LLC

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Page: 2

5. DYER, RIDDLE, MILLS & PRECOURT, INC.

6. GYC,INC.

REPRESENTATIVES FROM EACH FIRM APPEAEU%D AND PRESENTED THEIR

QUALIFICATIONS. AT THE CONCLUSSION OF THE PRESENTATIONS AND

QUESTIONS FROM THE BOARD, THE BOARD WAS DIRECTED TO RAM( THE FIRMS

BASED ON THEIR PRESENTATIONS, WITH ONE (1) BEING THE HIGHEST. THAT

TWO (2) FIRMS WILL BE QUALIFIED AS THE TOP 2 FIRMS WITH

NEGOTIATIONS TO BEGIN WITH THE TOP RANKED FIRM, AND IF AN AGREEMENT

IS NOT REACHED, THEN NEGOTIATIONS WILL CONTINUE WITH THE SECOND

RANKED FIRM.

RANKINGS BY THE BOARD ARE AS FOLLOWS:

1. DELTA PROFESSIONAL LAND SERVICES, LLC

2. CAUSSEAUX, HEWITT & WALPOLE, INC.

3. DYER, RIDDLE, MILLS & PRECOURT, INC.

4. CARDNO, TBE

5. CPH ENGINEERS, INC.

6. GCY, INC.

THE ORIGINAL BID COMMITTEE (KENNETH DUDLEY, BRENT BURFORD AM) ANDY

MCLEOD) TO HANDLE SAID NEGOTIATIONS, WITH THE EXCEPTION OF ANDY

MCLEOD, WHO WILL BE REPLACED BY COUNTY ADMINISTRATOR, JACK BROWN.

UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

PAGE, AND BY UNANIMOUS VOTE, THE BOARD ADOPTED THE FOLLOWING

PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 2010 AS J?LORIDA

FOREST FESTIVAL MONTH:

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PROCLAMATION FLORIDA FOREST FESTIVAL

WHEREAS, October 201 0 marks the 55th Anniversary of the Florida Forest Festival . .

in Taylor County, Florida; and

W H E R ~ S , in 1956, the citizens of Taylor County, Florida decided to stage a countywide "Pine Tree Festival" as an educational tool to reduce forest fires that were crippling the county's economic base-the timber industry; and

. .. WHEREAS, over the years the Festival grew and accomplished its aim so well that

by 1965 Taylor County could boast the lowest fire record in the nation; and

WHEREAS, in 1965 Taylor County was the top tree-producing county in the South and then Florida Governor Haydon. Burns and the Florida Cabinet proclaimed Taylor County the "Tree Capital of the'south" and at the urging of Governor Bums, the Pine Tree Festival became the Florida Forest Festival; and

WHEREAS, the goal of the Florida Forest Festival became and remains that.of promoting the benefits of "Forestry in Florida"; and ,

WHEREAS, special activities have been planned throughout the month of October to celebrate the occasion of this anniversary and it is fitting that we should join in the celebration representing more than 50 years of service to the forest industry.

I

- NOW, THEREFORE, be it resolved, that Taylor County does hereby proclaim the month of October, 201 0 as Florida Foresf Fesfival Monfh. .

ATTEST:

regular session this .' day o f &w, 2010.

. . BY: LI ,-

~ l a r k Wiggins, ~Kairman

L%,hwwluv- BY:. Annie Mae Murphy, Clerk o fcouh

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R E S O L U T I O N

IN COMPLIANCE t o t h e laws of t h e S t a t e of F lo r ida , a s

p e r F l o r i d a S t a t u t e 1 2 9 . 0 6 ( b ) , t h e undersigned Clerk and

Audi tor f o r t h e Board of County Commissioners of Taylor

County,. F lo r ida , made and prepared t h e fo l lowing budget

changes t o r e f l e c t u n a n t i c i p a t e d monies f o r a ' p a r t i c u l a r

purpose which caused t h e GENERAL FUND f o r t h e f i s c a l pe r iod

ending September 30, 2011, t o be i n excess of t h e a d v e r t i s e d

budget .

BE IT RESOLVED t h a t t h e l i s t e d r e c e i p t s and

a p p r o p r i a t i o n s be added t o , inc luded i n and t r a n s f e r r e d t o

t h e GENERAL FUND budget f o r t h e f i s c a l year

ending September 30, 2011.

Amount Account Account Name $545,728 001-3899010 General Fund-

Cash Brought Forward

$545,728 ' 0451-56101 S te inha t chee Boat Ramp- Capital /Land

NOW THEREFORE BE IT RESOLVED by t h e Board of I

County Commissioners of Tay lo r County, F lo r ida , t h a t t h e y

do approve a s provided by law t h i s r e s o l u t i o n t h i s 1 9 t h day.

of October 2.010, a t Per ry , Taylor County, F lo r ida , t o amend

t h e budget f o r t h e f i s c a l p e r i o d ending September 30, 2011

wi th a motion by Commissioner

, and c a r r i e d

(Balance of funds @ EYE 2010, no t p r o j e c t e d i n 2011 FY budget)

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. :

R E S O L U T I O N

I N COMPLIANCE to the laws of the State of Florida, as

per Florida Statute 129.06(b), the undersigned Clerk and

Auditor for the Board of County Commissioners of Taylor

County, Florida, made and prepared the following budget

changes to reflect unanticipated monies for a particular

purpose which caused the SMALL COUNTY COURTHOUSE SECURITY

GRANT FCMD for the fiscal period ending September 30, 2011,

to be in excess of the advertised budget.

BE I T RESOLVED that the listed receipts and

appropriations be added to, included in and transferred to

the SMALL COUNTY COURTHOUSE SECURITY GRANT FUND budget for . ~

the fiscal year ending September 30, 2011.

Amount Account Account Name $266,551 628-3899010 Cash Brought Forward

$ 78,101 6007-56200 Capital Outlay/Buildings $188,450 6007-56400 Capital Outlay/Equipment

NOW THEREFORE BE I T RESOLVED by the Board of \

County Commissioners of Taylor County, Florida, that they

do approve as provided by law this resolution this 19th day

of October, 2010 at Perry, Taylor County, Florida, to amend

the budget for the fiscal period ending September 30, 2011 n

with a motion by Commissioner hr& I

u by Commissioner , and carried

Chhirman

I FYE2010 - not projected in the 2011 budget)

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7. THE APPROVAL TO ADVERTISE FOR A PUBLIC HEARING TO CONSIDER

AMENDING ORDINANCE SECTION 2-126 OF THE CODE OF ORDINANCES

REGARDING THE DESIGNATION OF CODE ENFORCEMENT OFFICERS BY THE

COUNTY ADMINISTRATOR, AS AGENDAED BY THE COUNTY ADMINISTRATOR.

SAID PUBLIC HEARING TO BE HELD ON TUESDAY, NOVEMBER 16, 2010, AT

6:25 P.M.

8. THE APPROVAL OF SHIP ANNUAL REPORTS AND CERTIFICATIONS FOR

FISCAt YEARS 2007/2008 AND 2008/2009 AND 2009/2010, AS AGENDAED

AND ON FILE WITH MELODY COX, GRANTS COORDINATOR.

THE BOARD HAVING HERETOFORE ADVERTISED FOR THE FIRST OF TWO (2)

PUBLIC HEARINGS, FOR THIS DATE AT 6:10 P.M., OR AS SOON THEREAFTER

AS POSSIBLE, TO RECEIVE PUBLIC INPUT AND NOTIFY THE PUBLIC OF THE

POSSIBLE GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION (DEP) COASTAL PARTNERSHIP INITIATIVE GRANT

PROGRAM 2011 FUNDING CYCLE.

THE GRANTS COORDINATOR ADVISED THAT THE STAFF RECOMMENDATION IS TO

SUBMIT AN APPLICATION FOR THE INSTALLATION OF ONE (1) PICNIC

PAVILLION AND AN EDUCATION KIOSK AT THE KEATON BEACH COASTAL PARK.

UPON MOTION OF COMMISSIONER HOUCK, WITH SECOND BY COMMISSIONER

PAGE, AND BY UNANIMOUS VOTE, THE BOARD ACCEPTED THE STAFF

RECOMMENDATION, AS STATED, AND TO PROCEED WITH THE SECOND PUBLIC

HEARING.

MS. COX ADVISED THAT THE COUNTY HAS BEEN AWARDED A $30,000 GRANT

FROM THE U.S. FISH h WILDLIFE COMMISSION FOR WETLAND RESTORATION.

IT WAS STATED THAT THE SECOND AND FINAL PUBLIC HEARING REGARDING

THIS ISSUE WILL BE HELD ON MONDAY, NOVEMBER 1, 2010, AT 6:10 P.M.

THE BOARD HAVING HERETOFORE ADVERTISED FOR THE FIRST OF TWO (2)

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PUBLIC HEARINGS, FOR THIS DATE AT 6:15 P.M., OR AS SOON THEREAFTER

AS POSSIBLE, TO RECEIVE CITIZEN VIEWS AND TO NOTIFY THE PUBLIC OF

THE POSSIBLE GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF

COMMUNITY AFFAIRS (DCA) FY 2010 SMALL CITIES COMMUNITY DEVELOPMENT

BLOCK G M T (CDBG) OF UP TO $750,000.

JAY MOSELY, MEREDIAN, APPEARED AND STATED THAT THE HOUSING

REHABILITATION GRANT IS FOR LOW TO MODERATE INCOME FAMILIES. THAT

CITY RESIDENTS CAN NOT PARTICIPATE DUE TO A CURRENT GRANT IN PLACE

TO SERVICE CITY RESIDENTS.

AFTER DISCUSSION, COMMISSIONER PARKER MADE A MOTION, WITH SECOND BY

COMMISSIONER PATTERSON, TO PROCEED WITH THE APPLICATION PROCESS AND

THE SECOND PUBLIC HEARING REGARDING THIS ISSUE.

IT WAS STATED THAT THE SECOND AND FINAL PUBLIC BEARING REGARDING

THIS ISSUE WILL BE HELD ON MONDAY, NOVEMBER 1, 2010, AT 6:15 P.M.

HOSPITAL ITEMS:

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE FOLLOWING

LEASE AGREEMENT WITH DOCTORS' MEMORIAL HOSPITAL (DMH) FOR THE

EXCELART VANTAGE AGV HIGH FIELD MAGNETIC RESONANCE IMAGING (MRI)

SYSTEM, AS AGENDAED BY THE COUNTY ADMINISTRATOR:

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Page: 10

APLIO MX CARDIOLOGY ULTRASOUND lMAGING SYSTEM

EQUIPMENT LEASE AGREEMENT

T H I S LEASE AGREEMENT ( h e r e i n a f t e r referred t o as t h e " A g r e e m e n t " ) m a d e and entered i n t o t h i s d a y of

, 2 0 1 0 , b y and b e t w e e n t h e TAYLOR COUNTY, FLORIDA, a F l o r i d a political subdivision w i t h i t s address being a 2 0 1 E . G r e e n S t r e e t , P e r r y , F l o r i d a 3 2 3 4 7 ( h e r e i n a f t e r referred t o as L e s s o r ) and DOCTORS' MEMORIAL H 0 S P I T . m I N C . , a F l o r i d a N o t - f o r - P r o f i t C o r p o r a t i o n w i t h i t s address being 333 N. B y r o n B u t l e r P k w y , P e r r y , F l o r i d a 3 2 3 4 7 ( h e r e i n a f t e r referred t o as " L e s s e e " ) .

WHEREAS L e s s o r desires t o lease t o L e s s e e , and L e s s e e desires t o lease f r o m L e s s o r , c e r t a i n t a n g i b l e p r o p e r t y .

NOW, THEREFORE, i n cons ide ra t ion of t h e m u t u a l covenants and p r o m i s e s here inaf te r se t f o r t h , t h e p a r t i e s here to agree as f o l l o w s :

L e a s e . L e s s o r h e r e b y l eases t o L e s s e e , a n d L e s s e e h e r e b y leases f r o m L e s s o r , t h e f o l l o w i n g described e q u i p m e n t ( E q u i p m e n t ) p u r c h a s e d f r o m T o s h i b a A m e r i c a M e d i c a l S y s t e m s , Inc . : 1 each A P I L O ~ ~ MX CARDIOLOGY ULTRASOUND IMAGING SYSTEM c o n s i s t i n g o f : 1 B A S I C DICOM: P R I N T , STORE AND VERIFY, 1 MULTIFRAME ADVANCED DICOM, 1 CONTINUOUS WAVE K I T , 1 ECG REFERENCE SIGNAL UNIT, 1 IMAGE MAKER PRO, 1 NON-IMAGING CONTINUOUS WAVE TRANSDUCER, 1 MULTI-FREQUENCY LINEAR TRANSDUCER, 1 MULTI-FREQUENCY L I N E R TRANSDUCER, SMALL PARTS, 1 MUTI-FREQUENCY SECTOR TRANSDUCER, CARDIAC, 1 MUTI-FREQUENCY CONVEX TRANSDUCER, 1 MULTI-FREQUENCY MICRO-CONVEX TRANSDUCER, 1 INTEGRATED STRESS ECHO MODULE, 1 BOX, ECG, ATTENTUATOR, BLACK BOX, 1 CABLE, RCA, 2 0 ' , 1 MICRO PURE IMAGING K I T , ONE P R E C I S I O N IMAGING FOR A P L I O MX & A P L I O XG, 1 ELASTOGRAPHY SOFTWARE, 1 I P BOARD K I T , 1 SONY D I G I T A L GRAYSCALE PRINTER ,AND 1 0 CME SONOBUCKS . T e r m . T h e t e r m of t h i s L e a s e s h a l l c o m m e n c e o n t h e - d a y of

, 20- a n d s h a l l r e m a i n i n effect f o r a per iod of 5 y e a r s c o m m e n c i n g u p o n t h e date of e x e c u t i o n of t h e A g r e e m e n t b y bo th pa r t i e s .

T e r m i n a t i o n . T h e B o a r d of C o u n t y C o m m i s s i o n e r s m a y t e r m i n a t e t h i s A g r e e m e n t b y g i v i n g s i x t y ( 6 0 ) d a y s n o t i c e t o the o t h e r p a r t y .

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Rent and Deposit . The annual r e n t f o r t h e Equipment i s $10 d o l l a r s p e r year , t o begin on t h e 15 th day of Ju ly , 2010 and on t h e same day of each succeeding y e a r throughout t h e term hereof . Payment s h a l l be s e n t t o Lessor a t 1 0 8 N . J e f f e r s o n S t , Perry , F l o r i d a , 32347.

Use. Lessee s h a l l use t h e Equipment i n a s a f e and a p p r o p r i a t e - manner and s h a l l comply wi th and conform t o a l l n a t i o n a l , s t a t e , municipal , and o t h e r laws, o rd inances and r e g u l a t i o n s i n any way r e l a t i n g t o t h e possess ion, use o r maintenance of t h e Equipment.

LESSOR DISCLAIMS ANY AND UL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Repa i r s . Lessee, a t i t s own c o s t and expense, s h a l l keep t h e Equipment i n good r e p a i r , c o n d i t i o n and working o r d e r and s h a l l f u r n i s h any and a l l p a r t s , mechanisms and dev ices r e q u i r e d t o keep t h e Equipment i n good mechanical working o r d e r .

Loss and Damage. Lessee hereby assumes and s h a l l b e a r t h e e n t i r e r i s k of l o s s and damage t o t h e Equipment from any and every cause whatsoever. No l o s s o r damage t o t h e Equipment o r any p a r t t h e r e o f s h a l l impair any o b l i g a t i o n of Lessee under t h i s Lease.

I n t h e even t of l o s s o r damage of any kind whatever t o t h e Equipment, Lessee s h a l l , a t L e s s o r ' s op t ion :

Place t h e same i n good r e p a i r , c o n d i t i o n and working o rde r ; o r

Replace t h e same with l i k e equipment i n good r e p a i r , cond i t ion and working o rde r ; o r

Pay t o Lessor t h e replacement c o s t of t h e Equipment.

Sur render . Upon t h e e x p i r a t i o n o r e a r l i e r t e rmina t ion of t h i s Lease, Lessee s h a l l r e t u r n t h e Equipment t o Lessor i n good r e p a i r , cond i t ion and working o r d e r , o r d i n a r y wear and t e a r r e s u l t i n g from proper use the reof excepted.

Insurance . Lessee s h a l l . p r o c u r e and cont inuously main ta in and pay f o r a l l r i s k insurance a g a i n s t l o s s of and damage t o t h e Equipment f o r n o t l e s s than t h e f u l l replacement value o f t h e Equipment, naming Lessor a s l o s s payee, and l i a b i l i t y and p r o p e r t y damage insurance wi th l i m i t s a s approved by Lessor ,

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naming Lesso r a s a d d i t i o n a l l y named i n s u r e d and a l o s s payee. The i n s u r a n c e s h a l l b e i n such form and w i t h such company o r companies a s s h a l l be reasonably a c c e p t a b l e t o Lesso r . Lessee s h a l l p rov ide Lessor wi th an o r i g i n a l p o l i c y o r c e r t i f i c a t e ev idenc ing such insu rance .

Encumbrances. Lessee s h a l l keep t h e Equipment f r e e and c l e a r of a l l l e v i e s , l i e n s and encumbrances. Lessee s h a l l r e p o r t , pay and d i s c h a r g e when due a l l l i c e n s e and r e g i s t r a t i o n f e e s a r i s i n g o u t .

of r e c e i p t s from use o r o p e r a t i o n of t h e Equipment, t o g e t h e r wi th any p e n a l t i e s o r i n t e r e s t t he reon , imposed by any s t a t e , f e d e r a l o r l o c a l government o r any agency, o r department t h e r e o f , whether o r n o t t h e same s h a l l be a s s e s s e d a g a i n s t o r i n t h e name o f , L e s s o r o r Lessee .

Indemni ty . Lessee s h a l l indemnify Lessor a g a i n s t , and ho ld Lesso r harmless from, any and a l l c l a ims , a c t i o n s , s u i t s , p roceed ings , c o s t s , expenses , damages and l i a b i l i t i e s , i n c l u d i n g r e a s o n a b l e a t t o r n e y ' s f e e s and c o s t s , a r i s i n g o u t o f , connected wi th , o r r e s u l t i n g from L e s s e e ' s use o f t h e Equipment, i n c l u d i n g w i t h o u t l i m i t a t i o n t h e manufacture, s e l e c t i o n , d e l i v e r y , p o s s e s s i o n , use , o p e r a t i o n , o r r e t u r n o f t h e Equipment.

Defau l t . I f Lessee f a i l s t o pay any r e n t o r o t h e r amount h e r e i n p rov ided w i t h i n t h i r t y (30 ) days a f t e r t h e same i s due and payab le , o r i f Lessee f a i l s t o observe , keep o r perform any o t h e r p r o v i s i o n o f t h i s Lease r e q u i r e d t o be observed, kept o r performed by Lessee , Lesso r s h a l l have t h e r i g h t t o e x e r c i s e any one o r more of t h e fo l lowing remedies:

To d e c l a r e t h e e n t i r e amount of r e n t hereunder immediately due and payab le wi thou t n o t i c e o r demand t o Lessee .

To sue f o r and recover a l l r e n t s , and o t h e r , payments, t h e n acc rued o r t h e r e a f t e r

acc ru ing .

To t a k e possess ion o f t h e Equipment, w i t h o u t demand o r n o t i c e , wherever same may be l o c a t e d , w i thou t any c o u r t o r d e r o r o t h e r p r o c e s s of law. Lessee hereby waives any and a l l damages occas ioned by such t a k i n g of p o s s e s s i o n .

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To te rmina te t h i s Lease.

To pursue any o t h e r remedy a t law d r i n e q u i t y .

Notwithstanding any repossess ion o r any o t h e r a c t i o n which Lessor may t a k e , Lessee s h a l l be and remain l i a b l e f o r t h e f u l l performance of a l l o b l i g a t i o n s on t h e p a r t of t h e Lessee t o be performed under t h i s ' Lease. 1 of L e s s o r ' s remedies a r e cumulat ive , and may be exerc i sed concur ren t ly o r s e p a r a t e l y .

Bankruptcy. Ne i the r t h i s Lease nor any i n t e r e s t t h e r e i n i s a s s i g n a b l e o r t r a n s f e r a b l e by opera t ion of law. I f any proceeding under t h e Bankruptcy Act, a s amended, i s commenced by o r a g a i n s t t h e Lessee, o r i f t h e Lessee i s adjudged inso lven t , o r i f Lessee makes any assignment f o r t h e b e n e f i t of h i s c r e d i t o r s , o r i f a w r i t o f attachment o r execut ion i s l e v i e d on t h e Equipment and i s not r e leased o r s a t i s f i e d wi th in t e n ( 1 0 ) days t h e r e a f t e r , o r i f a r e c e i v e r i s appointed i n any proceeding o r a c t i o n t o which t h e Lessee i s a p a r t y wi th a u t h o r i t y t o t a k e possess ion o r c o n t r o l of t h e Equipment, Lessor s h a l l have and may e x e r c i s e t h e op t ion t o , without n o t i c e , immediately t e r m i n a t e t h e Lease. The Lease s h a l l n o t be t r e a t e d a s an a s s e t of Lessee a f t e r t h e e x e r c i s e of s a i d op t ion .

Ownership. The Equipment is , and s h a l l a t a l l t imes be and remain, t h e s o l e and exc lus ive p roper ty o f Lessor; and t h e Lessee s h a l l have no r i g h t , t i t l e o r i n t e r e s t t h e r e i n o r t h e r e t o except a s e x p r e s s l y s e t f o r t h i n t h i s Lease.

E n t i r e Agreement. This instrument c o n s t i t u t e s t h e e n t i r e agreement between t h e p a r t i e s on t h e s u b j e c t m a t t e r hereof and it s h a l l n o t be amended, a l t e r e d o r changed except by a f u r t h e r w r i t i n g s igned by t h e p a r t i e s he re to . I f any p a r t o f t h i s Agreement s h a l l become i l i e g a l , n u l l o r vo id o r a g a i n s t p u b l i c p o l i c y , f o r any reason, o r s h a l l be h e l d by any cour t of competent j u r i s d i c t i o n t o be i l l e g a l , n u l l o r void o r a g a i n s t p u b l i c p o l i c y , t h e remaining p a r t s of t h i s Agreement s h a l l not be a f f e c t e d the reby and s h a l l remain i n f u l l f o r c e and e f f e c t t o t h e f u l l e s t e x t e n t pe rmiss ib le by law.

Not ices . Se ry ice of a l l n o t i c e s under t h i s Agreement s h a l l be s u f f i c i e n t i f given p e r s o n a l l y o r by c e r t i f i e d mai l , r e t u r n r e c e i p t requested, postage prepaid , a t t h e address h e r e i n a f t e r s e t f o r t h , o r t o such address a s such p a r t y may provide i n w r i t i n g from time t o t ime.

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I f t o Lessor : County Adminis t ra tor , Taylor County, 201 E. Green S t . , Perry , F lo r ida 32347

I f t o Lessee: Chief Executive Of f ice r , Doctors' Memorial H o s p i t a l , I n c . , 333 N . Byron B u t l e r Pkwy, Perry, F lo r ida 32347

Assignment. Lessee s h a l l n o t a ss ign t h i s - L e a s e o r i t s i n t e r e s t i n t h e Equipment.

Governing Law. This Agreement s h a l l be governed by and construed under t h e laws of t h e S t a t e of Flor ida wi thout choice of law r u l e s . The venue f o r any a c t i o n , lawsui t o r proceeding a r i s i n g o u t o f o r r e l a t i n g t o t h i s Agreement s h a l l be i n Taylor County, F l o r i d a .

Headings. Headings used i n t h i s Lease a r e provided f o r convenience on ly and s h a l l n o t be used t o cons t rue meaning o r i n t e n t .

I N WITNESS WHEREOF, t h e p a r t i e s he re to have he reun to s e t t h e i r r e s p e c t i v e hands and s e a l s , a s of t h e d a t e her inabout f i r s t s e t f o r t h o r a s otherwise provided here in .

LESSOR:

Signed, s e a l e d and d e l i v e r e d TAYLOR COUNTY, FLORIDA i n t h e p resence o f : a F l o r i d a p o l i t i c a l

subd iv i s ion

a1 ~ i t k s s P r i n t Name : C d n

t

Witness P r i n t Name:

STATE OF FLORIDA COUNTY OF TAYLOR,

The fo rego ing ins t rument was acknowledged b e f o r e me on t h i s 19% day . o f 0 c b k I 2 0 8 4 ; ~ by

K mtsclns r As U a i f f h h of TAYLOR COUNTY, FLoRI~X, a F l o r i d a p o l i t i c a l subd iv i s ion , who persona l ly appeared b e f o r e me a t t h e t ime of n o t a r i z a t i o n .

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Page: 15

NOTARY :

[ ~ ~ 8 r s o n a l l ~ knojd t o me [I produced

As i d e n t i f i c a t i o n

LESSEE :

Signed, s e a l e d and d e l i v e r e d Doctorsf Memorial H o s p i t a l i n t h e p resence o f : Inc.,a F l o r i d a Not - fo r -P ro f i t

Corporat ion (SEAL)

Witness By: P r i n t Name: As :

Witness P r i n t Name:

STATE OF FLORIDA COUNTY OF TAYLOR,

The fo rego ing ins t rumen t was acknowledged b e f o r e me on t h i s day o f I 2009, by

r As o f DOCTORSf MEMORIAL HOSPITAL INC., a F l o r i d a Not- for-Prof i t Corpora t ion , who p e r s o n a l l y appeared b e f o r e me a t t h e t ime of n o t a r i z a t i o n .

NOTARY :

[I p e r s o n a l l y know t o me [I produced

As i d e n t i f i c a t i o n

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UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PARKER, AND BY UNANIMOUS VOTE, THE BOARD APPROVED A REQUEST OF BOB

BROWN, PERRY CITY MANAGER, TO SEND A NO-CHALLENGE RESPONSE TO THE

CITY OF PERRY'S PROPOSAL TO MODIFY THE EXISTING BOUNDARIES OF THE

CITYf S COMMUNITY REDEVELOPMENT DISTRICT (CRD) , IN ORDER TO EXPAND

THE DISTRICT.

AULEY ROWELL REQUESTED THAT HIS PROPERTY LOCATED BEHIND THE OLD

DEPOT BUILDING BE INCLUDED IN THE 'cRD.

SAM HOFFMAN, A RESIDENT OF ALLEN LANE IN STEINHATCHEE, APPEARED TO

REQUEST THE USE OF GOLF CARTS ON GAMBLE ALLEY LOCATED IN

STEINHATCHEE. THE BOARD STATED THAT ALLEN LANE IS LISTED IN THE

COUNTY' S ORDINANCE (2010-02) AS AET APPROVED ROAD FOR GOLF CART USE,

HOWEVER GAMBLE ALLEY .IS NOT. THAT GAMBLE ALLEY WILL NOT BE

CONSIDERED FOR GOLF CART USE UNTIL THE RESIDENTS OF THE ALLEY '

REQUEST THAT IT BE INCLUDED IN THE COUNTY'S ORDINAETCE, PER THE

BOARD'S MINUTES OF JANUARY 4, 2010.

JANET BENTON, SKIP CHANDLER AND GARY KEEN, ALL GAMBLE ALLEY

RESIDENTS, SPOKE IN OPPOSITION TO THE USE OF GOLF CARTS ON GAMBLE

ALLEY.

AFTER DISCUSSION, IT WAS A CONSENSUS OF THE BOARD TO STAND BY THE

PREVIOUS STATEMENT RECORDED IN THE MINUTES OF JANUARY 4, 2010, AND

TO WAIT UNTIL GAMBLE ALLEY RESIDENTS PETITION THE BOARD TO ADD

GAMBLE ALLEY TO THE APPROVED ROAD LIST FOR GOLF CART USE, AS LISTED

IN COUNTY ORDINAETCE 2010-02.

UPON MOTION OF COMMISSIONER PARKER, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNAETIMOUS VOTE, THE BOARD APPROVED A REQUEST OF

RICK BREER, TAYLOR COUNTY DEVELOPMENT AUTHORITY (TCDA) , AND

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AUTHORIZED PAYMENT OF $51,750 FROM ECONOMIC DEVELOPMENT FUNDS

(ACCOUNT NO. 59914) FOR THE BUCKEYE PROJECT ENERGY INDEPENDENCE

2011 COMMUNITY MATCH, DUE IN MARCH, 2011.

SAID AUTHORIZATION ALLOWS THESE FUNDS' ($51,750) IN THE TCDA'S 2010-

2011 BUDGET TO BE UNENCUMBERED AND APPLIED IN THE BUDGET FOR THE

CURRENT FISCAL YEAR FOR VARIOUS USES.

BO TAFT, FOLEY TIMBER & LAND COMPANY, APPEARED TO REQUEST BOARD

APPROVAL OF THE MASTER DEVELOPMENT OF REGIONAL IMPACT (DRI)

AGREEMENT BETWEEN TAYLOR COUNTY, FOLEY TIMBER & LAND COMPANY AND

THE NORTH CENT= FLORIDA REGIONAL PLANNING COUNCIL (NCFROC). THE

COUNTY ATTORNEY REQUESTED THAT ADDITIONAL LANGUAGE BE INCLUDED ON

PAGE 7, NO. 24 ASSIGNMENT, TO READ "WITH CONSENT OF TAYLOR COUNTY

WHICH WILL NOT BE UNREASONABLY WITHHELD".

COMMISSIONER PAGE MADE A MOTION, WITH SECOND BY COMMISSIONER

PARKER, TO APPROVE THE MASTER DRI AGREEMENT CONTINGENT UPON THE

LANGUAGE CHANGE, AS STATED.

VOTING ON THE MOTION WAS AS FOLLOWS:

YEA: COMMISSIONER PAGE, PARKER, PATTERSON AND HOUCK

NAY : COMMISSIONER WIGGINS

THE MOTION CARRIED.

UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

PARKER, AND BY UNANIMOUS VOTE, THE BOARD APPROVED ADVERTISING FOR

BIDS FOR THE DEMOLITION AND RECONSTRUCTION OF THE HOME OF MARTHA

AND FRANKLIN RATLIFF THROUGH THE SHIP PROGRAM, AS AGENDAED BY THE

GRANTS COORDINATOR.

THE BOARD DECLARED NO RELATION TO THE RATLIFFS'.

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UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

PAGE, AND BY UNANIMOUS VOTE, THE BOARD APPROVED GRIEVANCE

PROCEDURES FOR FY 2010-2011 FOR THE LO- COORDINATING BOARD FOR

THE TRANSPORTATION DISADVANTAGED, AS AGENDAED BY THE GRANTS

COORDINATOR.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PARKER, AND BY UNANIMOUS VOTE, THE BOARD APPOINTED THE SHIP LOCAL

HOUSING ASSISTANCE BOARD TO ALSO SERVE AS THE HOUSING CITIZENS

ADVISORY TASK FORCE BOARD, AS AGENDAED BY THE GRANTS COORDINATOR.

BOBBY LEWIS, TIS DIRECTOR, APPEARED AND UPDATED THE BOARD ON THE

IMPACT OF THE FEDERAL COMMTJNICATIONS COMMISSION (FCC) MANDATED

NARROWBAND REQUIREMENTS (DEADLINE JANUARY 1, 2013) ON THE COUNTY-

OWNED VHF RADIO SYSTEM. THAT ALL VHF RADIO FREQUENCIES OPERATING

WITHIN 150-174 MHz WILL BE REQUIRED TO NARROWBAND TO 12.5 KHz. THAT

THREE (3) FREQUENCIES WITHIN THE COUNTY WILL REQUIRE NARROWBANDING

IE: FIRE/RESCUE, NON-PUBLIC SAFETY DEPARTMENTS (BUILDING

PLANNING, ENGINEERING, PUBLIC WORKS, SOLID WASTE) AND VHF PAGING

FOR VOLUNTEER FIRE DEPARTMENTS. MR. LEWIS ADVISED THAT AS MUCH OLD

PAGING EQUIPMENT THAT CAN BE BROADBANDED, WILL BE USED. THAT THE

USE OF THE STATE LAW ENFORCEMENT RADIO SYSTEM (SLERS) IS NOT A

VIABLE OPTION FOR THESE AREAS, DUE TO RECURRING COSTS.

THE BOARD DISCUSSED A REQUEST FOR THE PURCHASE OF RADIO EQUIPMENT

IN ORDER TO COMPLY WITH FCC MANDATES TO NARROWBAND FREQUENCIES FOR

PUBLIC SAFETY RADIOS, TO GO ON THE SLERS, AS AGENDAED BY RENA'

COURTNEY, ON BEHALF OF THE COMMUNICATIONS SURCHARGE BOARD (CSB) .

MS. COURTNEY APPEARED AND ADVISED THAT THE CSB, CONSISTING OF THE

SHERIFF, THE POLICE CHIEF, THE COUNTY FIRE CHIEF, THE CITY FIRE

CHIEF AND THE EMS DIRECTOR, HAVE VOTED THAT THE SLERS SHOULD BE

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IMPLEMENTED. THAT THE COST OF FUNDING IS AS FOLLOWS:

TOTAL COST OF EQUIPMENT: $694,540

JAG GRANT (CAN BE USED FOR LAW ONLY) 361,000

AVAILABIE SURCHARGE FUNDING 75,938

AVAILABLE INSURANCE MONIES 22,213

DMH PORTION FOR EMS 57,449

CITY PORTION 73,594

TCSO FUNDING-JAIL SINKING FUND 54,750

COUNTY FIRE-MSTU RESERVES 33,777

EMERGENCY MANAGEMENT FEMA 15,819

($10,000 FROM GRANT)

THE COUNTY ADMINISTRATOR ADVISED THAT HE SUPPORTS THE PROPOSAL AS

IS, HOWEVER THERE IS A QUESTION OF DMH'S ABILITY TO PAY THEIR

PORTION OF THE EQUIPMENT. MARTY TOMPKINS, EMS DIRECTOR, IS WORKING

WITH RICHARD HUTH, CEO, ON OPTIONS.

AFTER DISCUSSION, AND UPON MOTION OF COMMISSIONER PATTERSON, WITH

SECOND BY COMMISSIONER HOUCK, TO AUTHORIZE THE CSB TO PROCEED WITH

THE PUCHASE OF RADIO EQUIPMENT AND TO TRANSFER FUNDS FROM RESERVES

FOR THE COUNTYf S PORTION.

THE CLERK WAS REQUESTED TO PREPARE AN INVOICE FOR THE CITY'S

PORTION OF THE EQUIPMENT.

COUNTY ADMINISTRATOR I!lZMS:

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

HOUCK, AND BY UNANIMOUS VOTE, THE BOARD ACCEPTED THE APPRAISAL

REVIEW, AS PREPARED BY AL JONES REAL ESTATE APPRAISAL SERVICES, OF

THE JUNE 21, 2010 APPRAISAL REPORT PREPARED FOR CAPITAL CITY BANK,

BY ADAM J. HARDEJ, JR., BAAR REALTY, OF THE IDEAL MARINA SITE IN

STEINIIATCHEE.

ASKING PRICE $2,540,000.

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UPON MOTION OF COMMISSIONER HOUCK, WITH SECOND BY COMMISSIONER

PAGE, AND BY UNANIMOUS VOTE, THE BOARD AUTHORIZED THE COUNTY

ADMINISTRATOR TO PROCEED WITH CLOSING ON THE PURCHASE OF THE OLD

IDEAL MARINA AND SURROUNDING PROPERTY, IN THE AMOUNT OF $2,540,000,

AND APPROVED A TRANSFER FROM RESERVE FOR CAPITAL PROJECTS AND A

TRANSFER FROM SPORTS COMPLEX FUND, TOTALING $1,800,000.

IT WAS STATED THAT A $75,000 DEPOSIT HAS BEEN PREVIOUSLY PAID.

THE CLERK ADVISED THAT IF THE FBrW GRANT IS NOT AWARDED, THE

$665,000 USED FROM RESERVE FOR CAPITAL PROJECTS IS GONE.

THE COUNTY ADMINISTRATOR REMINDED OF THE FOLLOWING DATES OF

INTEREST :

1. MONDAY, OCTOBER 25, 2010, 6:00 P.M., PUBLIC MEETING AT THE

STEINHATCHEE COMMUNITY CENTER TO DISCUSS BOAT RAMP PLANNING.

2. TUESDAY, OCTOBER 26, 2010, 3:00 P.M., REGULAR SCHEDULED

WORKSHOP OF THE BOARD.

3. THURSDAY, OCTOBER 26, 2010, 6:00 P.M., DEDICATION OF SHADY

GROVE PARK.

MR. BROWN ADVISED THAT THERE ARE ASBESTOS ABATEMENT ISSUES WITH THE

OLD DMH BUILDING, AND THAT FURTHER OPTIONS WILL BE CONSIDERED.

BOARD INFORMATIONAL ITEM5:

THE BOARD EXPRESSED THEIR APPRECIATION TO ALL IN ATTENDANCE THIS

DATE, AND REQUESTED PRAYER FOR THE LACIE LUNDY MORGAN FAMILIES, FOR

THEIR LOSS.

THE CLERK ADVISED THAT THE VALUE ADJUSTMENT BOARD (VAB) PROCESS FOR

2010 IS COMPLETE AND THE TAX ROLL HAS BEEN CERTIFIED.

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CHAIRMAN WIGGINS ADVISED OF CORRESPONDENCE RECEIVED REQUESTING A

NAME CHANGE ON LEWIS ROAD. THAT THREE (3) RESIDENTS WILL BE

AFFECTED

AFTER EXAMINATION OF THE CURRENT BILLS BY THE BOARD, COMMISSIONER

PATTESON MOVED, WITH SECOND BY COMMISSIONER PARKER, AND UNANIMOUSLY

PASSED BY THE BOARD, THAT THE MONTHLY BILLS BE APPROVED AS FOLLOWS:

FUND WARRANT NOS.

GENERAL REVENUE FUND 040931 THROUGH 041049 INCLUSIVE

ROAD AND BRIDGE FUND 50011299 THROUGH 5011328 INCLUSIVE

AND THAT THE CHAIRMAN AND THE CLERK BE AUTHORIZED TO ISSUE COUNTY

WARRANTS COVERING SAME.

THE HOUR BEING APPROXIMATELY 9:00 P.M., AND THERE BEING NO FURTHER

BUSINESS, COMMISSIONER PATTERSON MADE A MOTION, WITH SECOND BY I

COMMISSIONER HOUCK, TO ADJOURN. THE MOTION TO ADJOURN PASSED BY

UNANIMOUS VOTE OF THE BOARD, SUBJECT TO CALL.

BOARD OF COUNTY COMMISSIONERS

TAYLOR COUNTY, FLORIDA

BY :

MARK WIGGINS, CHAIRMAN

ATTEST :

ANNIE MAE MURPHY, CLERK

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Book Type[ BOCC I Date[ 10/21/2010 I Time [ 12 : 00 NOON Book#[ 56 I Minutes#[ 19 I Meeting-Type [ SPECIAL (EMER)

BOARD OF COUNTY COMMISSIONERS

TAYLOR COUNTY, FLORIDA

COURTHOUSE ANNEX

M I N U T E S

THURSDAY, OCTOBER 21, 2010

12:OO NOON

THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, MET IN

SPECIAL EMERGENCY SESSION ON THE ABOVE DATE.

PRESENT WERE MARK WIGGINS, CHAIRMAN, LONNIE HOUCK, PATRICIA

PATTERSON, MALCOLM PAGE AND RUDOLPH PARKER, A FULL BOARD BEING

PRESENT.

COUNTY ADMINISTRATOR, JACK BROWN, LED THE BOARD IN PRAYER, FOLLOWED

BY PLEDGE OF ALLEGIANCE TO THE FLAG. THE BOARD WAS THEN CALLED TO

ORDER BY CHAIRMAN WIGGINS, AND BUSINESS TRANSACTED AS FOLLOWS:

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE AGENDA FOR

THIS DATE, AS SUBMITTED.

UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

PARKER, AND BY UNANIMOUS VOTE, THE BOARD DECLARED TBE CONSIDERATION

OF CEIANGES TO PARAGRAPH 24. OF THE MASTER DRI AGREEMENT BETWEEN

TAnOR COUNTY, FOLEY TIMBER & LAND COMPANY, AND THE NORTH CENTRAL

FLORIDA REGIONAL PLANNING COUNCIL (NCFRPC) , AN EMERGENCY FOR

DISCUSSION THIS DATE, IN ORDER TO MEET THE NCFRPC AGENDA DEADLINE

OF 3:00 PM THIS AFTERNOON.

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TBE COUNTY ADMINISTRATOR DISCUSSED CHANGES IN THE WORDING OF SAID

AGREEMENT (WORDING PREVIOUSLY REQUESTED BY THE BOARD WAS APPROVED

BY FOLEY TIMBER & LAND COMPANY), AS REQUESTED BY TIIE NCFRPC. UPON

MOTION OF COMMISSIONER PARKER, WITH SECOND BY COMMISSIONER HOUCK,

AND BY UNANIMOUS VOTE, THE BOARD REVlSED LANGUAGE TO PARAGRAPH 24.

OF THE MASTER DRI AGREEMENT TO READ:

24. ASSIGNMENT: THIS AGREEMENT MAY BE ASSIGNED BY FOLEY TO

ITSf HEIRS, LEGAL REPRESENTATIVES, AND SUCCESSORS-IN-INTEREST,

HOWEVER, ANY ASSIGNMENT OF TXE RIGHT TO FILE AN AMDA SHALL BE

SUBJECT TO CONSENT BY TAYLOR COUNTY, WHICH SHALL NOT BE

UNREASONABLY WITHHELD.

THE HOUR BEING APPROXIMATELY 12:lO P.M., AND THERE BEING NO FURTHER

BUSINESS, COMMISSIONER PATTERSON MADE A MOTION, WITH SECOND BY

COMMISSIONER PAGE, TO ADJOURN. THE MOTION TO ADJOURN PASSED BY

UNANIMOUS VOTE OF THE BOARD, SUBJECT TO CALL.

BOARD OF COUNTY COMMISSIONERS

TAYLOR COUNTY, FLORIDA

BY:

MARK WIGGINS, CHAIRMAN

ATTEST :

ANNIE MAE MURPHY, CLERK

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Book Type[ BOCC I Date[ 10/25/2010 1 Time[ 6:00 P.M. Book#[ 56 I Minutes#[ 20 I Meeting-Type [ SPECIAL

BOARD OF COUNTY COMMISSIONERS

TAYLOR COUNTY, FLORIDA

STEINHATCHEE COMMUNITY CENTER

M I N U T E S

MONDAY, OCTOBER 25, 2010

6 : 0 0 P.M.

THE BaARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, MET IN

SPECIAL SESSION ON THE ABOVE DATE.

PRESENT WERE MARK WIGGINS, CHAIRMAN, LONNIE HOUCK, PATRICIA

PATTERSON, MALCOLM PAGE AND RUDOLPH PARKER, A FULL BOARD BEING

PRESENT. COUNTY ADMINISTRATOR, JACK BROWN, BRENT BURFORD, COUNTY

ENGINEER, EARL GREENE, BOAT RAMP COMMITTEE REPRESENTATIVE AND

DONNIE ELLINGTON, PROJECT ENGINEER, WERE ALSO PRESENT.

THE COUNTY ADMINISTRATOR LED THE BOARD IN PRAYER, FOLLOWED BY

PLEDGE OF ALLEGIANCE TO THE FLAG. THE BOARD WAS THEN CALLED TO

ORDER BY CHAIRMAN WIGGINS, AND BUSINESS TRANSACTED AS FOLLOWS:

THE CHAIRMAN STATED THAT THE PURPOSE OF THIS MEETING IS TO RECEIVE

PUBLIC INPUT REGARDING THE PROPOSED BOAT RAMP AT THE OLD IDEAL

MARINA SITE.

EARL GREENE ADDRESSED THE MEETING REGARDING HIS PARTICIPATION ON

THE BOAT RAMP COMMITTEE.DONNIE ELLINGTON PRESENTED A PORTION OF

THE VIDEO REGARDING THE ENGINEERING OF THIS PROJECT. THAT THE

EXISTING PERMIT FOR A PORTION OF THE PROJECT, INDICATES APPROVAL BY

THE CORPS OF ENGINEERS OF A PERMIT APPLICATION FOR THE BOAT RAMP.

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MR. GREENE PRESENTED A DRAFT OF THE PHASES PROPOSED TO COMPLETE

THIS PROJECT:

PHASE I $2,540,000

PHASE I1 300,000

PHASE I11 350,000

PHASE IV 200,000

PHASE V 200,000

IT WAS ADVISED THAT STAN RIDGEWAY WILL BE THE CONTACT PERSON FOR

STEINHATCHEE.

APPROXIMATELY EIGHTEEN (18) PERSONS PRESENT IN THE AUDIENCE SPOKE

IN REFERENCE TO THE BOAT RAMP PROJECT. FIVE (5) PERSONS STATED THAT

THEY ARE AGAINST CLOSING SR 51. IT WAS A UNANIMOUS SHOW OF HANDS TO

RE-ROUTE SR 51 .

THE HOUR BEING APPROXIMATELY 7:00 P.M., AND THERE BEING NO FURTHER

BUSINESS, THE MEETING ADJOURNED, SUBJECT TO CALL.

BOARD OF COUNTY COMMISSIONERS

TAYLOR COUNTY, FLORIDA

MARK WIGGINS, CHAIRMAEl

ATTEST:

ANNIE MAE MTJRPHY, CLERK

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Page: 1

Book Type[ BOCC I Date[ 10/26/2010 I Time[ 3:00 PM/6:00 PM Book#[ 56 I Minutes#[ 21 I Meeting-Type[ WORKSHOP/SPECIAL

BOARD OF COUNTY COMMISSIONE~

TAYLOR COUNTY, FLORIDA

COURTHOUSE ANNEX

M I N U T E S

TUESDAY, OCTOBER 26, 2010

3:00 P.M. (WORKSHOP)

6 : 00 P.M. (SPECIAL MEETING)

THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, MET IN

WORKSHOP AND SPECIAL SESSION ON THE ABOVE DATE.

PRESENT WERE MARK WIGGINS, CHAIRMAN, LONNIE HOUCK, PATRICIA

PATTERSON, MALCOLM PAGE AND RUDOLPH PARKER, A FULL BOARD BEING

PRESENT. COUNTY ATTORNEY, CONRAD BISHOP, K4S ALSO PRESENT.

CHAIRMAN WIGGINS LED THE BOARD IN PRAYER, FOLLOWED BY PLEDGE OF

ALLEGIANCE TO THE FLAG. THE BOARD WAS THEN CALLED TO ORDER BY

CHAIRMAN WIGGINS, AND BUSINESS TRANSACTED AS FOLLOWS:

THE BOARD HELD A WORKSHOP THIS DATE AND DISCUSSED THE FOLLOWING:

A. IT WAS A CONSENSUS OF THE BOARD TO APPROVE REVISIONS TO POLICY

2009-22, FOR AGGRESSIVE AND DANGEROUS DOGS, AS RECOMMENDED BY

JOHN SINGER, ENVIRONMENTAL SERVICES DIRECTOR.

SAID POLICY ON FILE WITH THE ENVIRONMENTAL SERVICES DIRECTOR.

B. IT WAS A CONSENSUS OF THE BOARD TO APPROVE REVISIONS TO POLICY

2009-24, FOR RABIES QUARANTINE PROCEDURES AFTER ANIMAL BITES,

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AS RECOMMENDED BY THE ENVIRONMENTAL SERVICES DIRECTOR.

SAID POLICY ON FILE WITH THE ENVIRONMENTAL SERVICES DIRECTOR.

C. IT WAS A CONSENSUS OF THE BOARD TO APPROVE REVISIONS TO POLICY

2009-07, FOR ANIMAL REDEMPTION FEES, AS RECOMMENDED BY THE

ENVIRONMENTAL SERVICES DIRECTOR.

SAID POLICY ON FILE WITH THE ENVIRONMENTAL SERVICES DIRECTOR.

D. THE BOARD DISCUSSED CHAPTER 14 OF THE COUNTY CODE OF

ORDINANCES, TO CONSIDER DIFFERENCES BETWEEN THE COUNTY'S CODE

FOR ANIMALS AND THE CITY'S CODE FOR ANIMALS.

COMMISSIONER PAGE STATED THAT IF THE COUNTY IS OPERATING ANIMAL

CONTROL, THEY SHOULD USE COUNTY CODES AND NOT CITY CODES. THE BOARD

REVIEWED REQUESTED CHANGES TO COUNTY CODES.

E. THE BOARD DISCUSSED COUNTY FUNDING PRIORITIES FOR COMMTJNITY

BUDGET INITIATIVE REQUEST FOR THE UPCOMING FEDERAL AND STATE

LEGISLATIVE SESSIONS.

THE COUNTY ADMINISTRATOR ADVISED OF A $2.5 BILLION DEFICIT IN THE

2012 STATE BUDGET.

IT WAS A CONSENSUS OF THE BOARD TO ADD THE SPORTS COMPLEX AND CAElAL

DREDGING TO COUNTY FUNDING PRIORITIES.

COMMISSIONER PAGE STATED THAT THE CHAIRMAN SHOULD BE PAID MORE THAN

$50 PER MONTH FOR CHAIRMAN OPERATING EXPENSE.

F. THE BOARD DISCUSSED BOARD OPERATIONAL PRIORITIES FOR FY

G. THE BOARD DISCUSSED BOARD TRAINING PRIORITIES FOR FY 2010/2011.

H. TEE BOARD DISCUSSED BUDGET ISSUES FOR FY 2010/2011 AETD

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PLAERVING FOR FY 2011/2012 BUDGET.

I. THE BOARD DISCUSSED SPORTS COMPLEX OPERATIONAL ISSUES AND

OVERSIGHT.

J. THE BOARD DISCUSSED BUDGET PLANNING FOR FY 2011/2012.

K. THE BOARD DISCUSSED THE PERFORMANCE EVALUATION OF THE COUNTY

ADMINI STRATOR.

AT THE CONCLUSION OF THE REGULAR WORKSHOP, COMMISSIONER PARKER

RECOMMENDED THAT THE BOARDr S ORDINANCE REGARDING ANIMAL CARCASSES

BE AMENDED TO PROHIBIT DUMPING IN ROLL-OFF SITES. IT WAS A

CONSENSUS OF THE BOARD TO DISCUSS THIS ISSUE AT THE REGULAR MEETING

OF THE BOARD ON MONDAY, NOVEMBER 1, 2010.

THE HOUR BEING APPROXIMATELY 5:45 P.M., IT WAS A CONSENSUS OF THE

BOARD TO RECESS UNTIL THE SPECIAL MEETING AT 6:00 P.M.

SPECULL MEETING 6 :00 P . M .

THE MEETING WAS RECONVENED AT 6:00 P.M., IN ORDER TO GO INTO

SPECIAL SESSION.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD ADOPTED THE FOLLOWING

RESOLUTION TO REFLECT UNANTICIPATED MONIES IN THE GENERAL FUND, AS

SUBMITTED BY COUNTY FINANCE:

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';-

R E S O L U T I O N

IN COMPLIANCE to the laws of the State of Florida, as

per ~lorida Statute 129.06 (b) , the undersigned Clerk and

Auditor for the Board of County Commissioners of Taylor

County, Florida, made and prepared the following budget

changes to reflect unanticipated monies for a particular

purpose which caused the GENERAL FUND for the fiscal period

ending September 30, 2011, to be in excess of the advertised ,

, budget.

BE IT RESOLVED that the listed receipts and

appropriations be added to, included in and transferred to

the GENERAL'E'UND budget for the fiscal year

ending September 30, 2011.

Arnoun t Account Account Name $361,899 001-3312021 FDLE JAG Grant

$361,899 0808-56400 JAG Grant/Radio Communications- Capital Outlay-Equipment

NOW TKEREFORE BE IT =SOLVED by the Board of

County. Commissioners of Taylor Countyt Florida, that they

do approve as provided by law this resolution this 26th day

of October 2010, at Perry, Taylor County, Florida, to amend

the budget for the fiscal period ending September 30, 2011

with a motion by Commissioner

seconded by Commissioner

' unanimously.

CJ37uhwcla~cy, . Murphy, clef k-Aeitor

t Awarded 2010/2011 FY)

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Page: 6

TAYLOR C O m BOARD OF COUNTY COMMISSIONERS

REQUEST FOR BUDGET TRANSFER

DEPARTMENT: 0809-SLERS Project (State Law Enforcement Radio System s Project-County Funded) DEPARTNENI HEAD: Agenda Item-BCC Special Meeting on 10/26/10

Tammy Taylor, County Finance Director ,

CapilaUEquipme; 1 1 SLERS Project-CapitalE ui ment

REASON: Inmrauce funding remaining from 2007 lightning damage claim

9001-599 17 GF Reserves-Reserve CapiWJail 0809-56400 SLERS Project-Capitarnquipment

REASON. Capital Improvement funds reserved for the County Jail

Communication Surcharge-

7 Communication Surcharge;

CapitalEquipment SLERS Project-CapitaVSoftware

REASON: Communication Surcharge ($12.50 Traffic Surcharge) Funding--Designation of funding attached \

GRAND TOTAL of Transfers to SLERS Project (new cost center) $152,941

I \ty>. CHAIRMAN:

&6/&l Y V Y Mark Wiggins

DATE:

1

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AMENDMENT TO CONTRACT FOR SALE AND PURCHASE

THIS AMENDMENT ("Amendment") is made and entered into on this - day of , 2010, by and between CAPITAL CITY BANK, h a k g a mailing address of Post

Office Box 900, Tallahassee, Florida 32302 (hereinafter referred to as "Seller"), and TAYLOR COUNTY, a political subdivision of the State of Florida (herehafter referred to as "Buyer");

RECITALS WHEREAS, Seller .and Buyer entered into a' CONTRACT FOR SALE AM)

PURCHASE with ADDENDUM CONTRACT FOR SALE AND PURCHASE, all having an effective date of , 2010 (hereinafter referred to as the "Contract'), covering certain property located in Taylor County, Florida, being more particularly described in the Contract; and

WHEREAS, Seller and Buyer desire to amend the'contract to establish that Seller will make a charitable contribution to Buyer if Buyer closes on the transaction evidenced by the Contract on or before October 31,2010'and also acknowledge that Buyer has already exercised the option set forth in Paragraph 3 of the Addendum to the Contract.

NOW, THEREFORE, WITNESSETH: for and in consideration of Ten and 00/100 Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, Seller and Buyer hereby amend the Contract as follows:

1. The parties acknowledge that Buyer previously exercised the option set forth in Paragraph 3 of the Addendum to the Contract and that Buyer delivered the non-refundable Option Fee directly to Seller. Pursuant to the Contract, Seller s h d retain any and all of the Option Fee, but if Buyer closes pursuant to the terms of this Contract, the Option Fee shall be applied to the Purchase Price.

2. If the closing of the transaction evidenced by the Contract occurs on or before October 31, 2010, then Seller hereby agrees to make a cash charitable contribution to Buyer in the amount of $25,400. 2

3. Except as amended hereby, all other terms, covenants, conditions, provisions and agreement. of the Contract shall remain in full force and effect.

4. This Contract may be executed by facsimile and in multiple counterparts, each of which shall be deemed for all purposes to be an original, but all of which shall constitute one and the same contract

[SIGNATURES INTENTIONALLY PLACED ON THE FOLLOWING PAGES]

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IN WlTiW!SS WHEREOF, this Amendment to Contract for Sale and,Purchase has been executed by the parties hereto as of the dates set forth hereinafter.

BUYER:

TAYLOR COUNTY C'COUNTy") Attest:

Lh,,,, Annie Mae Murphy, Clerk

By: Mark Wiggins, C TAYLOR COUNTY COMMTSSION

Date: l o l a ~ l ~ o ,2010 1 I

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:~3793~ 20 a3uasa:d aq y pa=aA!lap pm papas pa&^

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Book Type[ BOCC I Date[ 11/01/2010 I Time[ 6:00 P.M. Book#[ 56 I Minutes#[ 22 I Meeting-Type [ REGULAR

BOARD OF COUNTY COMMISSIONERS

TAYLOR COUNTY, FLORIDA

COURTHOUSE ANNEX

M I N U T E S

MONDAY, NOVEMBER 1, 2010

6:00 P.M.

TEE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, MET IN

REGULAR SESSION ON THE ABOVE DATE.

PRESENT WERE MARK WIGGINS, CHAIRMAN, LONNIE HOUCK, PATRICIA

PATTERSON, MALCOLM PAGE AND RUDOLPH PARKER, A FULL BOARD BEING

PRESENT. COUNTY ATTORNEY, CONRAD BISHOP, WAS ALSO PRESENT.

COMMISSIONER PATTERSON LED THE BOARD IN PRAYER, FOLLOWED BY PLEDGE

OF ALLEGIANCE TO THE FLAG. THE BOARD WAS THEN CALLED TO ORDER BY

CHAIRMAN WIGGINS, AND BUSINESS TRANSACTED AS FOLLOWS:

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIOm

PATTERSON, AND BY UNANIMOUS VOTE, TEE BOARD APPROVED THE AMENDED

AGENDA FOR THIS DATE, AS FOLLOWS:

1. ADD AS ITEM NO. 3-A., DEBBIE BASSETT, CAPITAL CITY BANK, TO

APPEAR TO PRESENT A COMMUNITY GRANT CHECK, IN TEE AMOUNT OF

$25,400, WHICH CAN BE USED FOR CONTINUED IMPROVEMENTS TO

TAYLOR COUNTY.

CHAIRMAN WIGGINS, ON BEHALF OF THE ENTIRE BOARD, PRESENTED A PLAQUE

TO COMMISSIONER RUDOLPH PARKER, IN APPRECIATION OF HIS SERVICE TO

TAYLOR COUNTY WHILE SERVING AS THE COMMISSIONER OF DISTRICT 4.

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DEBBIE EiASSETT, CAPITAL CITY BANK, APPEARED AND PRESENTED TO THE

BOARD, A COMMUNITY GRANT CHECK, IN THE AMOUNT OF $25,400, WHICH CAN

BE USED FOR CONTINUED IMPR-NTS TO TAYLOR COUNTY.

COMME!NTS AND CON-S FROM TRE PUELIC FOR NON-AGENDAED I-:

JANET BENTON, BONITA CHANDLER AND GARY KEEN, RESIDENTS OF GABLE

ALLEY, APPEARED AND REQUESTED THAT THE BOARDr S ORDINANCE REGARDING

THE USE OF GOLF CARTS IN STEINHATCHEE, BE ENFORCED, AS GAMBLE ALLEY

IS NOT ON THE APPROVED ROAD LIST INCLUDED IN SAID ORDINANCE. MS.

CHANDLER INFORMED THE BOARD THAT SHE IS BEING HARRAkiSED AND

THREATENED. TAAT SHE HAS BEEN TOLD BY LAW ENFORCEMENT THAT ATVS AND

MOTORCYCLES ARE ALLOWED IN THE ALLEY. COMMISSIONER PAGE DISCUSSED

ALLOWING NO MOTORIZED VEHICLES IN THE ALLEY, AND THE COUNTY

ATTORNEY STATED THAT SAID ORDINANCE CAN LIMIT TEE USE OF THIS

ALLEY. COMMISSIONER HOUCK AGREED TO VISIT THE SITE ON WEDNESDAY,

NOVEMBER 3, 2010. IT WAS A CONSENSUS OF THE BOARD TO RE-AGENDA THIS

MATTER FOR DISCUSSION AT THE NEXT MEETING, TO BE HELD ON TUESDAY,

NOVEMBER 16, 2010, REGARDING LIMITING OR BANNING MOTORIZED VEHICLES

ON GAMBLE ALLEY.

CONSENT Inms:

UPON MOTION OF COMMISSIONER PARKER, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD APPROVED CONSENT ITEM

NOS. FOUR (4) THROUGH EIGHT (8) , AS FOLLOWS :

4. THE APPROVAL TO REMOVE THE FOLLOWING COUNTY ASSETS FROM

INVENTORY, AS AGENDAED BY BOBBY LEWIS, TIS DIRECTOR:

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REMOVAL OF COUNTY ASSETS FROM COUNTY INVENTORY

'BOCC # ' CC #

3200 3582 3157 nla 2522 2913 6198 2150 6210 2094 2384 NIA 2360 1937 4754 NIA 4724 1174 6844 3718 5600 2596 5295 1514 4681 2016 4933 1511 5294 1513 6676. 1531 6675 1530 3410 2423 6275 1415 6280 NIA 3410 2423 5455 3599 3762 NIA 6240 1332 5365 1594 4998 2283 5026 1261 4118 2259 5609 1282 3982 3624 3060 3060 5284 2293 4115 2257 4912 1258

, 4632 2253 4913 2279 2891 1225

DESCRIPTION STATUS COST DEP.

cpr adultdoll printer desk

moniter tower radio

dictator rnoniter

ice machine laptop

lazyboy chair cat cages

desk cage bank cat cages

blower blower

AC UNlT TRIMMER

CHAl NSAW AC UNlT

tower computer

laptop laptop

encoder winch radio

powerheart aed portable radio

radio lite vision goggles

radio computer

tvlvcr moniter radio

disposal surplus surplus surplus surplus junked junked junked surplus surplus surplus surplus surplus surplus junked junked junked junked junked junked junked surplus disposal surplus surplus surplus surplus disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal

440.00 N IA

275.00 300.00

$937.67 NIA

$233.37 $1 99.00

$2,380.00 $2,042.00 $300.00

$1,267.50 $661.57

$1,462.00 $1,267.50 $197.50 $1 97.50 $659.00 $322.96 $199.41 $659.00

$1,512.00 $2,596.00 $1,419.76 $2,490.00 $405.23

$1,772.12 $440.00

$3,016.00 $454.95

$0.00 $505.49 $455.00

$1,643.00 $249.99 $41 5.00

$1,051 .OO

0.00 NIA

27.50 167.50 $0.00 NIA

$0.00 $0.00 $0.00

$1,225.25 $0.00

$61 9.66 $22.05 $625.41 $61 9.66 $158.00 $158.00 $126.31 $236.84

$0.00 $126.31 $0.00 $0.00 $0.00 $0.00

$64.16 $787.61 $264.00

$1,206.40 $0.00 $0.00

$241.51 $0.00 $0.00 $2.09 $0.00 $35.04

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3041 radio 1226 radio 2225 air cleaner 2230 typewriter 2227 fax 2226 fax 2221 printer 1227 laptop 1245 laptop 1345 laptop 2309 moniter 3660 printer 2278 printer 2246 printer 2265 desk 1263 whieboard 3048 wheelstand 2254 tvlvcr 3044 radio 3046 radio 3040 radio 3042 radio 3203 printer 3655 radio 221 8 power supply 1260 duplicator 3209 radio 2281 lecternette 2283 18 junction encoder 2256 radio 3702 router 231 6 moniter 321 1 camera 2229 typewriter 3658 vcr 2304 printer 3696 generator '3306 AIR BOTTLE 2942 n/ 3324 Dibrillator

disposal disposal disposal disposal disposal disposal . disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal disposal surplus surplus TOTAL

$886.86 $1,051.00

$0.00 $249.99 $688.94 $688.94

NIA $2,398.00 $1,125.72 $1,284.96 .$300.00 $569.00 $399.99 $21 0.00 $274.98

$1,592.00 N IA

$31 9.99 $0.00

$791.44 $900.40 $71 9.1 6 $439.00 $620.1 0 $215.00 $1 40.00 $640.00 $603.15 $405.23 $628.00 $973.00 $300.00 $307.98 $249.99 $235.00 $1 99.98 $631.96 $342.00 $332.1 8

$3,228.47 $ 57,368.93

$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 NIA

$0.00 $0.00

$385.49 $120.00 $0.00 $0.00 $0.00 $1 6.04 $278.69 .

NIA $2.66 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

$1 71 .OO $0.00 $90.47 $64.1 6 $20.94 $0.00

$120.00 $0.00 $0.00 $0.00 $0.00

$366.01 $0.00 $0.00 $0.00

$8,348.76

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B Number 1123401 1 Explres7-31-2011

Equitable Sharing Agreement and

Certification

0 Police Department @ Sheriffs Office 0 Task Force [Complete Table A, page2) 0 Prosecutor's Office 0 Other (specify)

Agency Name: Taylor County Sheriffs Office

NCIC/ORI/Tracking Number: I F I L I O 1 6 1 2 1 0 / 0 I 0 I 0 I Street Address: 108 N Jefferson St Suite 103

City: Perry State: FL Zip: 32347

Contact Title: Captain First: Ron Last: Rice

Contact: Phone: 850-838-3505 E-mail: [email protected]

same as Preparer: First: R o n Last: Rice

IXI Preparer: Phone: 850-838-3505 E-mail: rrice@taylorcountysherifEfl.~rg

Last Fiscal Year End: 09/30/2010 Agency Current Fiscal Year Budget: $5,679,046.00

0 New Participant: Read the Equitable Sharing Agreement (page4) and sign the Affidavit (page 5)

@ Existlng Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5)

0 Amended Form: Revise the Annual Certiflcation Report, read the Equitable Sharing Agreement (page 4), and sign the Affidavit (page 5).

Annual Certification Report Summary of Equitable Sharing Activity Justice Funds' Treasury Funds2

2

5

Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA l ~ r e a s u ~ Agencies are: IRS, ICE, CBP, USSS, and USCG.

Page 1 of 5

Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY)

Federal Sharing Funds Recelved

Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete Table B, page 2)

Interest Income Accrued Non-Interest Bearing @

interest Bearing 0 6

7

B

April 201 0 Version 1.8

Total Equitable Sharing Funds (total of lines 1 - 5)

Federal Sharing Funds Spent (total of lines a - m below)

Ending Balance (difference between line 7 and line 6)

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

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Page: 7

I d I Total spent on travel and training I 1 I

Summary of Shared Monies Spent Justice Funds Treasury Funds

I I 1 e 1 Total spent on comrnunlcations and computers 1

a

b

c

1 f ( Total spent on weapons and protective gear I I 1 1 g I Total spent on electronic surveillance equipment 1 1- 1

Totai spent on salarles for new, temporary, not-to-exceed one year employees Refer to 5 VllI.A.2.a3 of the Justice Guide

Total spent on overtime

Total spent on informants, "buy money," and rewards

- -

' h I Total spent on buildings and improvemenis r I

1

( m I Total spent on matching grants (complete Table G, page 3) 1 I I

i

j

I

Please fill out the following tables, if applicable.

Totai transfers to other state and local law enforcement agencies (complete Table C page 2)

Total spent on other law enforcement expenses (complete Table D, page 3)

Total Expendltures in Support of Community-based Programs (complete Table E, page 3)

Total WindfallTransfers to Other Government Agencies (complete Table F, page 3)

- - - - - - -

Total $0.00

Table A: Members of Task Force Agency Name . NCICIORIITracking Number

r . . ., I ; . , .. ' . . '.

: :-: .... .. . _ , . . ; . , - >.::... . . . ..;..., . . . . . . , . : . . . " .

, , ! . . . j i . , : . . . . . . . ;... .. , . -

-

$0.00

Table B: Equitable Sharing Funds Received from other Agencies Total the amount transferred to each agency on separate lines

Transferring Agency Name, City, and State Justice Funds Treasury Funds

Agency Name: I NCIC/ORl/Tracking Number

Did you recelve non-cash assets? 0 Yes @ No If yes, complete Table H, page3

Table C: Equitable Sharing Funds Transferred to Other Agencles Total the amount transferred to each agency on separate lines

Receiving Agency Name, City, and State Justice Funds Treasury Funds

Agency Name:

NCIUORl~~acking Number:

Page 2 of 5 April 2010 Version 1.8

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Table D: Other Law Enforcement, Expenses

Description of Expense

Table E: Expenditures in Support of Community-based Programs Refer to § VIII.A.1.m and Appendix C of the Justice Guide

Recipient Justice Funds

Table F: Windfall Transfers to Other Government Agencies Refer to 5 VIII.A.1.n of the Justice Guide and pp. 25-26 of the Treasury Guide

Recipient Justice Funds Treasury Funds

Table G: Matching Grants ,. Referto § VIII.A.1.h of the Justice Guide and p. 22 of the Treasury Guide

Matching Grant Name Justice Funds Treasury Funds

Table H: Other Non-Cash Assets Received

Description of Asset

Table I: Civil Rights Cases

. Nameof Case T V D ~ of Discrimination Alleaed

P a ~ e m o r k Reduction Act Notice

Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that' impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money Laundering Section, Program Management and Strategic Planning Unit,, 1400 New York Avenue, N.W., Second Floor, Washington, DC 20005.

Page 3 of 5 April 2010 Venlon 1.8

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Page: 1 0

Affidavit - Existing Participant Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the lnformatlon submitted in conJunction with this Document is an accurate accounting of funds received and spent by the Agency under the Justice and/or Treasury Guides during the reporting period and that the recipient Agency is In compliance with the National Code of Professional Conduct for Asset Forfeiture.

The undersigned certify that the recipient Agency is In compliance with the nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 5 2OOOd etseq.),Title iXof the Education Amendments of 1972 (20 U.S.C. 5 1681 etseq.), Section 504 ofthe Rehabilitation Actof 1973 (29 U.5.C § 794), and the Age Discrimination Act of 1975 (42 U.5.C § 6101 etseq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program oractivity. The Agency agrees that it will comply with ail federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations.

During the past fiscal year: (I) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above;a(2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? OYes @No If you answered yes to the above question, completeTable I

~i t ie : Sheriff ~i t le : Chairman, BOCC

Date: 10/11/2010 Date: 1 I 1 I 1 J o

Final Instructions: Step 1 : Click t o save for your records

Step 2: Click t o save in XML format

Subscribe to Equitable. Sharing Wire: The EquitabieSharlng Wire Is an electronic newsletter that glves you Important, subrtantlve, lnforrnatlon regarding Equitable Sharing policies, practices, and procedures.

Step 3: E-mail t h e XML fi le to [email protected] Step 4: FaxTHIS SIGNED PAGE ONLY t o (202) 61 6-1 344

[email protected]

"[email protected]

Entered;by

Entered on FORAGENOusEONLY 1 l11l1111111111111111111111111111 11 0 FY End: 09/30/201 Date Printed: October 11,2010 09:54

@ NCIC: FL0620000 Agency. Taylor County Sheriffs OfFice Phone: 850-838-3505 0

State: FL Contact Ron Rice E-mail: rrice@taylorcountysheriHorg

Page 5 of 5 April 201 0 Venlon 1.8

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8. THE ADOPTION OF RESOLUTIONS TO REFLECT UNANTICIPATED MONIES IN

THE GENREAL FUND, n BOATING IMPROVEMENT EWND, SCRAP ROAD

PROJECT (PISGAH ROAD) EWND, SCRAP PAVING PROJECT (FOLEY ROAD)

FOND AND SCOP PAVING PROJECT (PUCKETT ROAD, ROBERTS AMAN ROAD,

WOODS CREEK ROAD) EWND, AS SUBMITTED BY THE COUNTY FINANCE

D E P A R m T .

SAID RESOLUTIONS ON FILE WITH THE COUNTY FINANCE DIRECTOR.

THE BOARD HAVING HERETOFORE ADVERTISED FOR THE SECOND AND FINAL

PUBLIC HEARING, FOR THIS DATE AT 6:10 P.M., OR AS SOON THEREAFTER

AS POSSIBLE, TO RECEIVE PUBLIC INPUT AND NOTIFY THE PUBLIC OF THE

POSSIBLE GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION (DEP) COASTAL PARTNERSHIP INITIATIVE GRANT

PROGRAM 2011 EWNDING CYCLE.

MELODY COX, GRANTS COORDINATOR, PRESENTED A DRAWING OF THE STAFF

RECOMMENDATION FOR THE CONSTRUCTION OF A PICNIC PAVILLION, AN

EDUCATIONAL KIOSK AND RESTORATION OF VEGETATION AT THE KEATON BEACH

COASTAL PARK SITE.

JACK BROWN, COUNTY ADMINISTRATOR, PRAISED MS. COX FOR HER WORK ON

THE GRANT PROJECT.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

HOUCK, AND BY UNANIMOUS VOTE, THE BOARD APPROVED SUBMITTAL OF THE

GRANT APPLICATION TO THE COASTAL PARTNEESHIP INITIATIVE PROGRAM FOR

EWNDING ASSISTANCE FOR THE CONSTRUCTION OF A PICNIC PAVILION AND

PUBLIC INFORMATION KIOSK AT THE KEATON BEACH COASTAL PARK, AS

AGENDAED BY THE GRANTS COORDINATOR.

THE BOARD HAVING HERETOFORE ADVERTISED FOR THE SECOND AND FINAL

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PUBLIC HEARING, FOR THIS DATE AT 6:15 P.M., OR AS SOON THEREAFTER

AS POSSIBLE, TO RECEIVE CITIZEN VIEWS AND TO NOTIN THE PUBLIC OF

THE POSSIBLE GRANT APPLICATION TO THE E'LORIDA DEPARTMENT OF

COMMUNITY AFFAIRS (DCA) N 2010 SMALL CITIES COMMUNITY DEVELOPMENT

BLOCK GRANT (CDBG) OF UP TO $75 0,O 0 0.

JAY MOSELY, MERIDIAN COMMUNITY SERVICES GROUP, DISCUSSED THE

APPLICATION FOR REVIEW BY THE BOARD, AND THE REQUIRED HOUSING

ASSISTANCE PLAN, AS PREPARED BY MR. MOSELY. THAT SAID PLAN CAN BE

AMENDED AT ANY TIME, HOWEVER THE GRANT CAN ONLY BE USED IN THE

UNINCORPORATED AREA OF THE COUNTY.

AFTER DISCUSSION, AND UPON MOTION OF COMMISSIONER HOUCK, WITH

SECOND BY COMMISSIONER PARKER, AND BY UNANIMOUS VOTE, THE BOARD

APPROVED THE GRANT APPLICATION, AS STATED.

JAY MOSELY, MERIDIAN COMMUNITY SERVICES GROUP, APPEARED AND

DISCUSSED FAIR HOUSING, AS REQUIRED FOR GRANT SUBMISSION OF THE

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, AS AGENDAED BY

THE GRANTS COORDINATOR. MR. MOSELY STATED THAT REQUIREMENT ALLOWS

THE COUNTY TO RECEIVE ADDITIONAL POINTS IN THE GRANT PROCEDURE.

THE BOARD DISCUSSED THE APPROVAL OF A GRANT APPLICATION FOR HOUSING

REHABILITATION, A DRAFT RESOLUTION OF MATCH, A DRAFT RESOLUTION OF

GRANT APPLICATION AND THE COUNTY'S CDBG PROGRAM ANTI-DISPLACEMENT

AND RELOCATION PLAN, AS AGENDAED BY THE GRANTS COORDINATOR.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE COUNTY ATTORNEY WAS

AUTHORIZED TO READ THE DRAFT RESOLUTION OF MATCH BY TITLE.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD ADOPTED THE FOLLOWING

RESOLUTION OF MATCH:

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TAYLOR COW BOARD OF COUNTY COMMISSIONERS

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, REGARDING THE EXPENDITURE OF STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) F'CJNDS ON COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ELIGIBLE AC'TIWTIES AS LEVERAGE FOR THE 2010 FLORIDA SMALL CITIES CDBG HOUSING REHABILITATION APPLICATION; PROVIDING AN EFFECTIVE DATE.

WEEREAS, providmg leverage funds increases the competitiveness of Taylor

County's 2010 Community Development Block Grant (CDBG) Housing Rehabilitation

application;

WHEREAS, State Housing Initiatives Partnership (SHIP) may be used as

leverage for CDBG Housing Rehabilitation Applications;

WHEREAS, the Board of County Commissioners of Taylor County, Florida,

wishes to assist in the scoring of the Taylor County's 2010 CDBG Housing

Rehabilitation application to increase its competitiveness and expand the scope of that

grant to benefit the Citizens of Taylor County.

NOW, THEREFORE, BE IT RESOLVED:

1. That the Taylor County Board of County Commissioners does hereby

intend to spend $125,000 in State Housing Initiatives Partnership (SHIP) funds as they

may be available on Community Development Block Grant (CDBG) eligible activities

identiiied in the 2010 CDBG Housing application as local government leverage in

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accordance with the applicable rules y d guidelines as set forth by the Florida

Department of Comm&ty Affairs.

2. That the Taylor County Board of County Commissioners does hereby

intend to expend all local government leverage between the time of site visit and the time

of administrative close-out for said application, in accordance with applicable rules and

guidelines as set forth by the Florida Department of Community Mairs.

3. That this resolution shall take effect immediately upon its adoption.

DULY ADOPTED in regular session, this 1 st day of November, 2010.

4 n & ~ ~ * Annie Mae Murphy, lerk

TAYLOR COUNTY, FLORIDA

By:

Board of County Commissioners

APPROVED AS TO FORM:

Taylor County Attorney

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UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

PAGE, AND BY UNANIMOUS VOTE, THE COUNTY ATTORNEY WAS AUTHORIZED TO

READ THE DRAFT RESOLUTION OF GRANT APPLICATION BY TITLE.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

HOUCK, AND BY UNANIMOUS VOTE, THE BOARD ADOPTED THE FOLLOWING

RESOLUTION AUTHORIZING APPLICATION TO THE DEPARTMENT OF COMMUNITY

AFFAIRS (DCA) FOR APPROVAL OF 2010 CBDG :

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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, AUTHORIZING THE CHIEF ELECTED OFFICIAL TO MAKE APPLICATION TO THE FLORIDA DEPARTMENT OF COMI\I[TNITY AFFAIRS (DCA) FOR APPROVAL OF TAYLOR COUNTY'S 2010 HOUSING REHABILITATION COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG); PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Florida ' Small Cities Community Development Block Grant (CDBG)

program is a c6mpetitive grant program administered by the Florida ~ k ~ a r t m e n t of Community

Mairs (DCA) that address critical housing and infrastructure needs;

WHEREAS, Taylor County is eligible to apply to DCA for funding fiom the Community

Development Block Grant program;

WHEREAS, Taylor County is experiencing a need for physical housing improvements to

benefit low-to-moderate income persons;

WHEREAS, the Board of County Commissioners of Taylor County conducted a first Public

Hearing on October 19, 201 0, to obtain citizen input as to the type of grant application that it should

submit to the und under the FFY 2010 CDBG Program;

WHEREAS, the Board of County Commissioners of Taylor County conducted a second

Public Hearing on November 1, 2010, to allow citizens to review and comment on a proposed 2010

CDBG Housing Rehabilitation grant application;

WHEREAS, as a result of the second public hearing, the Commission agreed to submit a 20 10

Housing Rehabilitation CDBG Application;

NOW, THEREFORE, BE IT RESOLVED:

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1. That the Community Development Block Grant (CDBG) Program is declared to be a

workable program for providing needed physical housing improvements to benefit low-to-moderate

income persons indicated in the proposed Federal Fiscal Year (FFY) 201 0 CDBG application.

2. That the Taylor County Board of County Commissioners directs that the Chief Elected

Official or County Administrator, in his absence, is authorized to sign all necessary certifications and

to execute and submit the attached CDBG application to the Florida Department of Community

Affairs by November 17,2010, for approval.

3. That the Taylor County Board of County Commissioners directs the Chief Elected

Official or County Administrator, in his absence, to submit additional information in a timely

manner as may be required by the Florida Department of Community Affairs in connection with the

CDBG Program.

4. That the proposed CDBG application is consistent with the local Comprehensive

Plan, and that the County has an adopted Community Development Plan:

5. That this resolution shall take effect immediately upon its adoption.

DULY ADOPTED in regular session, this I st day of November ,201 0.

TAYLOR COUNTY, FLORIDA

f I

By: J

ark ~ h a i n s ~ ~ h a i r m a n Board ofcounty Commissioners

ATTEST:

L ~ h ~ b ~ Annie Mae Murphy, Clerk

APPROVED AS TO FORM:

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UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE CDBG

PROGRAM ANTI-DISPLACEMENT AND RELOCATION PLAN, ON FILE WITH THE

GRANTS COORDINATOR.

THE BOARD HAVING HERETOFORE ADVERTISED FOR PROPOSALS FOR THE

, GEOTECRNICAL INVESTIGATION O F EAST RED PADGETT ROAD, FOR THIS DATE

AT 6:20 P.M., OR AS SOON THEREAFTER AS POSSIBLE.

THE FOLLOWING PROPOSALS WERE RECEIVED:

1. ELLIS & ASSOCIATES

JACKSONVILLE, FL

2. CAL-TECH TESTING, INC.

LAKE CITY, FL $4,450

3. PSI

4. NOVA ENGINEERING & ENVIRONMENTAL

PANAMA CITY BEACH, FL $6,555

5. GANNETT FLEMING

WILLIAMS GEOTECHNICAL GROUP $9,850

JACKSONVILLE, FL

6. NODARSE & ASSOCIATES, INC.

TALLAHAS SEE, FL $5,485

KENNETH DUDLEY AND BRENT BURFORD WERE APPOINTED AS A BID COMMITTEE

TO STUDY THE BIDS RECEIVED, AND TO MAKE A RECOMMENDATION TO THE

BOARD AT THE NEXT REGULAR MEETING OF TUESDAY, NOVEMBER 16, 2010.

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THE BOARD HAVING HERETOFORE ADVERTISED FOR PROPOSALS FOR THE

GEOTECHNICAL INVESTIGATION OF SOUTH RED PADGETT ROAD, FOR THIS DATE

AT 6:25 P.M., OR AS SOON THEREAFTER AS POSSIBLE.

THE FOLLOWING PROPOSALS WERE RECEIVED:

1. ELLIS & ASSOCIATES

JACKSONVILLE, FL

2. CAL-TECH TESTING, INC.

LAKE CITY, FL

3. PSI

PANAMA CITY BEACH, FL

4. NOVA ENGINEERING & ENVIRONMENTAL

PANAMA CITY BEACH, FL

5. GANNETT FLEMING

WILLIAMS GEOTECHNICAL GROUP

JACKSONVILLE, FL

6. NODARSE & ASSOCIATES, INC.

KENNETH DUDLEY AND BRENT BURFORD WERE APPOINTED AS A BID COMMITTEE

TO STUDY THE BIDS RECEIVED, AND TO MAKE A RECOMMENDATION TO THE

BOARD AT T& NEXT REGULAR MEETING OF TUESDAY, NOVEMBER 16, 2010.

THE BOARD TO RECEIVE PROPOSALS FOR THE GEOTECHNICAL INVESTIGATION

OF PAUL POPPELL ROAD, SET FOR THIS DATE AT 6:30 P.M., OR AS SOON

THEREAFTER AS POSSIBLE.

THE FOLLOWING PROPOSALS WERE RECEIVED:

1. ELLIS & ASSOCIATES

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JACKSONVILLE, FL

2. CAL-TECH TESTING, INC.

LAKE CITY, FL

3. PSI

PANAMA CITY BEACH, FL

4. NOVA ENGINEERING & ENVIRONMENTAL

PANAMA CITY BEACH, FL

5. GANNETT FLEMING

WILLIAMS GEOTECHNICAL GROUP

JACKSONVILLE, FL

Page: 20

$4,575

$3,440

$2,640

6. NODARSE & ASSOCIATES, INC.

TALLAHASSEE, FL $3,770

KENNETH DUDLEY AND BRENT BURFORD WERE APPOINTED AS A BID COMMITTEE

TO STUDY THE BIDS RECEIVED, AND TO MAKE A RECOMME3lDATION TO THE

BOARD AT THE NEXT REGULAR MEETING OF TUESDAY, NOVEMBER 16, 2010.

HOSPITAL ITEMS :

UPON mTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

PARKER, AND BY UNANIMOUS VOTE, THE BOARD TO APPROVED PAYMENT OF AN

INVOICE, IN THE AMOUNT OF $25,000, FOR EMERGENCY MEDICAL SERVICES

(EMS) FOR THE MONTH OF OCTOBER 2010, AS SUBMITTED BY DOCTORSr

MEMORIAL HOSPITAL (Dm) .

COUNTY STAFF ITEMS:

UPON MOTION OF COmSSIONER PAGE, WITH SECOND BY COMMISSIONER

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HOUCK, AND BY UNANIMOUS VOTE, THE BOARD WAIVED THE COUNTY' S

ALLOCATION OF RECOVERY ZONE FACILITY BONDS ($260,000) AT THE STATE

LEVEL, FOR USE BY OTHER LOCAL GOVERNMENTS, AS AGENDAED BY THE CLERK

OF COURT.

THE BOARD DISCUSSED APPROVAL OF SATISFACTIONS OF SECOND MORTGAGE

FOR THE FOLLOWING, WHO RECEIVED ASSISTANCE THROUGH THE SHIP

PROGRAM, AS AGENDAED BY THE GRANTS COORDINATOR.

DEONNA EDWARDS

UPON MOTION OF COMMISSIONER HOUCK, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE FOLLOWING

SATISFACTION OF MORTGAGE FOR DEONNA EDWARDS:

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SATISFACTION OF SECOND MORTGAGE

KNOW ALL MEN BY THESE PRESENTS: That We, TAYLOR COUNTY, FLORIDA, the owners and hoIders of a certain Second Mortgage Under Taylor County, Florida Local Housing Partnership Down Payment Assistance Program executed by DEONNA EDWARDS bearing date the 6th day of August, A. D. 2005, recorded in Official Records Book 558, pages 300-308, in the office of the Clerk of the Circuit Court of Taylor County, State of Florida, securing a sum of $9,800.00, and certain promises and obligations set forth in said mortgage deed, upon the property situate in said State and County described as follows, to-wit:

LOT 16 AND THE SOUTHWEST 21 .67 FEET OF LOT 1 5 OF BLOCK "E", SPRINGLAKE HEIGHTS SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 79 OF THE PUBLIC RECORDS OF TAYLOR COUNTY, FLORIDA.

hereby acknowledge full payment and satisfaction of said note and mortgage deed, and surrender the same as cancelled, and hereby direct the Clerk of the said Circuit Court to cancel the same of record

WITNESS my hand and seal this day of N ~ & % 0 1 0 .

Signed, Sealed and Delivered in Presence oE

."." , ,++:..;:; r "' - . ,,.:<.- .: >: .. , , c,: .; ,. , . .-.. . . r: '.>,r". ,8 ,"=.. . +..: .-.

" I ,: .,-* 4 ae,, .> ..a&.-':'::,: r : " ",., +.*:., :.:

3'/.k"([ [SEAL] MARK WIGGINS, Chairperson

. 2.. iz 25 >.:., . BOARD OF COUNTY COMMISSION ,. ,-. .,@ . ,$EA.Z, -c; ;. :. :.~ .- " f- g;';

TAYLOR COUNTY, FLORIDA '.. ;. t

..; "**$??$;:$. .. :-. ?pP 4.7

ATTEST: - ... .. ". ,,. ,y- .. . . .-... .a . .

STATE OF FLORIDA COUNTY OF TAYLOR

I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared MARK WIGGINS, to me known to be the person described in and who executed the foregoing insmment and they acknowledged before me that they executed the same.

WITNESS my hand and official seal in the County and State last afor of ,VN. 2010.

My Commission Expires:

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Page: 24

SATISFACTION OF SECOND MORTGAGE

KNOW ALL MEN BY THESE PRESENTS: That We, T A ~ O R COUNTY, FLORlDA, the owners and holders of a certain Second Mortgage Under Taylor County, Florida Local Housing Partnership Down Payment Assistance Program executed by GARRETT & TERESA JACKSON, married couple bearing date the 5th day of October, k D. 2005, recorded in Official Records Book 559, pages 645-652, in the office of the Clerk of the Circuit Court of Taylor County, State of Florida, securing a sum of $6,800.00, and certain promises and obligations set forth in said mortgage deed, upon the property situate in said State and County described as follows, to-wit:

SEE ATTACHED SCHEDULE A

hereby acknowledge full payment and satisfaction of said note and mortgage deed, and surrender the same as cancelled, and hereby direct the Clerk of the said Circuit Court to cancel the same of record.

WITNESS my hand and seal this @day of /%?$& 2010.

Simed, Sealed and Delivered

@9#i . (SEAL1 MARK WIGGINS, Chairperson BOARD OF COUNTY COMMISSION TAYLOR COUNTY, FLORIDA

STATE OF FLORIDA COUNTY OF TAYLOR

I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared MARK WIGGINS, to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same.

WITNESS my hand of Nb4-1 ,2010.

and official seal

N O T A ~ Y PUBLIC U

My Commission Expires:

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REMOVAL OF COUNTY ASSETS FROM COUNTY INVENTORY

BOCC # CC # DESCRIPTION STATUS COST DEP.

CHAINSAW generator

radio radio radio radio radio radio radio radio radio radio radio radio

RIB BOX radio

CHAINSAW camcorder generator camera radio

CHAINSAW CHAINSAW

nite vision goggles VIDEO SYSTEM

police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed police report filed

totals:

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Page: 28

UPON MOTION OF COMMISSIONER PARKER, WITH SECOND BY COMMISSIONER

PAGE, AND BY UNANIMOUS VOTE, THE BOARD AWARDED THE BID FOR TAYLOR

COUNTY CLOSED LANDFILL MOWING & FERTILIZING SERVICES TO PADGETT

LAWN CARE, AS THE LOWEST RESPONSIVE BIDDER, I N THE AMOUNT OF

$6,547/YEAR1 AS AGENDAED BY KENNETH DUDLEY, COUNTY ENGIEIEER.

GEWERAL BUSINESS:

THE BOARD RECONSIDERED THE TAYLOR COUNTY DEVELOPMENT AUTHORITY

(TCDA) REQUEST TO AUTHORIZE PAYMENT O F $ 5 1 , 7 5 9 FROM THE ECONOMIC

DEVELOPMENT INCENTIVE FUND ( # 5 9 9 1 4 ) FOR THE BUCKEYE PROJECT ENERGY

INDEPENDENCE, AS RE-AGENDAED BY COMMISSIONER HOUCK .

COMMISSIONER HOUCK ADVISED THAT HE NEEDS TO ABSTAIN FROM VOTING ON

THE ISSUE, AS HE I S AN EMPLOYEE OF BUCKEYE AND HAS STOCK I N THE

COMPANY.

UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER . -

PAGE, AND BY UNANIMOUS VOTE, THE BOARD RESCINDED ACTION OF OCTOBER

1 9 , 2 0 1 0 APPROVING PAYMENT OF $ 5 1 , 7 5 9 FROM ECONOMIC DEVELOPMENT

INCENTIVE FUNDS FOR TEE BUCKEYE PROJECT ENERGY INDEPENDENCE AS

REQUESTED BY THE TCDA.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY A 4-0 VOTE (HOUCK ABSTAINED), THE BOARD APPROVED

PAYMENT OF $ 5 1 , 7 5 9 FROM ECONOMIC DEVELOPMENT INCENTIVE FUNDS FOR

THE BUCKEYE PROJECT ENERGY INDEPENDENCE, AS REQUESTED BY THE TCDA.

COMMISSIONER HOUCK FILED THE FOLLOWING MEMORANDUM OF VOTING t

CONFLICT :

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DATE ON WHICH VOTE OCCURRED i+ MY POSITION IS:

~ E C T N E o APPOIWIVE

FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS

I WHO MUST FILE FORM 8B I

LAST E--FIRST NAME-MIDDLE NAME & u r / c L O J ~ ~ G AL/pwr S-

MAILING ADDRESS

aosaa Kc-& 6%~- C1T?5Q+)/ c o u m

This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. -It applies equally to members of advisory and non-advisory bodies who are presented wiVl a voting conflict of interest under Section 112.3143, Florida Statutes.

NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMllTEE

C o o d r ) / ~ - , , . , . . ~ ~ - ~ l , r . s t S ,

MEBOARO, COU~CIL, COMMISSION. AUTHORITY OR COMMllTEE ON WICH I SERVE IS A UNIT OF

CITY m6&KPI OTHER LOCAL AGENCY

M E OF POLITICAL SUBDIVISION.

Your responsibilies under the law when f a d with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appolntive position. For this reason, please pay close atlention to the Instructions on this form bebre completing the reverse side and filing the form.

INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES

A person holding electwe or appointive county, municipal, or other local public oRm MUST ABSTAIN hwn voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure whim inures to the special gain or loss of a prindpal (other than a government agency) by whom he or she is retained (including h e parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special prfvate gain or loss of a business associate. Commissionem of community redevelopment agendes under Sec. 163.356 or 163.357. F.S., and officers of independent special tax districts elected on a one-aue, one-vote basis are not prohibited from voting in that capacity.

For purposes of this law, a 'relative' indudes only the offimfs father, mother, son, daughter, husband, wife, brother, sister, father-in-law. motherin-law, son-in-law, and daughter-in-law. A 'business associate' means any person or entity engaged in or carrying on a business enlerprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the mrporation are not lisled on any national or regional stodc exchange).

ELECTED OFFICERS:

In addition to abstalning from voting in the situations desaibed above, you must disclose the conflict:

PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining tmm voting; and

WlTHlN 15 DAYS AFTER THE VOTE OCCURS by completing and flling thls form with the penon responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes.

APPOINTED.OFFICERS:

Although'you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disdose the nature of the conflict before making any attempt lo Influence the dedsion, whether orally or in wiling and whether made by you or at your dlmdion.

IF YOU INTEND TO MAKE ANY AlTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN:

You must complete and file this form (before making any atlempt to influence the dedslon) with the pemon responsible for recording the minutes of the meeting, who wlll incorporate the form In the mlnutes. (Continued on other aide)

CE FORM BE - EFF. lROOO PAGE 1

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Page: 30

APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency.

The form must be read publicly at h e next meeting after the f o n is filed.

IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:

You must disclose orally the nature of your conflict In the measure before participating.

You must complete h e f o n and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the mlnutes. A copy of the form must be provided immediately to the other members of the agency, and the f o n must be read publlcly at the next meeting after the form is filed.

hereby disclose that on ' d ~ d 1 5G (a) A measure came or will come before my agency which (chedc one)

L u r e d to my spedal private gain or loss;

inured to the special gain or loss of my business associate,

inured to thespedal gain or loss of my relative,

inured to the special gain or loss of

whom I am retained: or

inured to the special gain or loss of

is the parent organization or subsidiary of a principal which has retained me.

(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:

NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 5112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. -

CE FORM 8B - EFF. lRDOO PAGE 2

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THE BOARD DISCUSSED ANIMAL CARCASSES BEING PLACED IN DUMPSTERS OR

TAKEN TO THE ROLL-OFF SITES, AS AGENDAED BY COMMISSIONER PARKER.

COMMISSIONER PARKER STATED THAT THE COUNTY ORDINANCE DOES NOT

ADDRESS ROLL-OFF SITES, AND RECOMMENDED THAT TEIE COUNTY ADD THE

VIOLATION WITH A PENALTY, AND NOTIM HUNTING CLUBS AND AGENTS

SELLING HUNTING LICENSES OF THE COUNTY ORDINANCE. THE COUNTY

ATTORNEY TO RESEARCH REWARD OFFERS BY THE COUNTY. IT WAS A

CONSENSUS OF THE BOARD TO AGENDA E'URTHER DISCUSSION OF THIS ISSUE

FOR THE NEXT REGULAR MEETING.

TEIE BOARD DISCUSSED ADOPTION OF A RESOLUTION EWRESSING STRONG

OPPOSITION TO THE STATEWIDE APPLICATION OF NEW SEPTIC TANK

INSPECTION AND REPLACEMENT REQUIREMENTS, AS AGENDAED BY CHAIRMAN

WIGGINS.

JAMES ROCHELL, ENVIRONMENTALIST WITH THE TAYLOR COUNTY HEALTH

DEPARTMENT, APPEARED AND DISCUSSED LEGISLATION PASSED IN JULY, 2010

(SB 550), THAT WILL BE EFFECTIVE IN JANUARY, 2011. MR. ROCHELL

DISCUSSED THE POTENTIAL COSTS TO THE CITIZENS OF TAYLOR COUNTY.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE COUNTY ATTORNEY WAS

AUTHORIZED TO READ THE PROPOSED RESOLUTION BY TITLE.

THE BOARD DIRECTED THAT THE FLORIDA ASSOCIATION OF COUNTIES (FAC)

AND THE SMALL COUNTY COALITION (SCC) BE ADDED AS RECEIVING A COPY

OF TEIE RESOLUTION IF ADOPTED.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PARKER, AND BY UNANIMOUS VOTE, THE BOARD ADOPTED THE FOLLOWING

RESOLUTION, AS AMENDED:

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RESOLUTION 2010-&

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS L

OF TAYLOR COUNTY, FLORIDA EXPRESSING STONG OPPOSITION TO THE STATEWIDE APPLICATION OF NEW SEPTIC TANK INSPECTION AND REPLACEMENT REQUIREMENTS; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Taylor County possesses the home rule authority granted in the Florida Constitution and Florida Statutes to exercise the broad powers of self-government; and

WHEREAS, SB 550, which creates new septic tank maintenance and inspection requirements, was originally intended to affect those properties with septic tanks in close proximity to Florida's springs but was changed during the legislative process to cover all properties with septic tanks wherever located within the state; and

WHEREAS, the Taylor County Board of County Commissioners supports the protection of springs and supports strict regulation of septic tanks located close to springs; and

WHEREAS, local governments' exercise of its legislative and quasi-judicial powers provides the appropriate mechanism to address these issues within a county; and

WHEREAS, Taylor County Board of County Commissioners does not believe it appropriate to impose the same strict regulation of septic tanks throughout Taylor County, even to those septic tanks that are far removed from springs and have no impact on them; and

WHEREAS, Taylor County is very concerned about the economic impact of such strict regulation of septic tanks where annual inspection fees and septic tank replacement costs can be substantial and will result in an unnecessary burden on homeowners whose septic tanks have no impact on springs; and

WHEREAS, the State should be especially cautious imposing unnecessary burdens on home owners and those desiring to purchase a home during the serious economic downturn that our

' residents are facing.

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Page: 33

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY THAT:

1. The Taylor County Board of' County Commissioners strongly opposes the implementation of. the new septic tank maintenance and inspection requirements outside of springs protection areas.

2. The Taylor County Board of County Commissioners requests that the Governor and Department of Health delay the implementation of the new septic tank maintenance and inspection requirements until such time as the Legislature has an opportunity to reconsider this ill-advised legislation.

3. Upon adoption, the Clerk of the Court as Ex-Ofticio Clerk to the Board of County Commissioners to send a copy of this Resolution to Charlie Crist, Governor, to Ana M. Viamonte Ros, M.D., State Surgeon General and head of the Florida Department of Health, to the County's legislative delegation, the Florida Association of Counties, and the Small County's Coalition.

DULY ADOPTED this the 1st day of November, 2010.

Taylor County Board of mmissioners

Mark Wiggihf, Chair

Attest: &-%urnv Annie Mae Nlurphy, Clerk

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THE COUNTY ADMINISTRATOR ADVISED THAT THE BOARD'S REGULAR WORKSHOP

FOR NOVEMBER WILL BE HELD ON TUESDAY, NOVEMBER 30, 2010 AT 3:00

P.M., INSTEAD OF TUESDAY, NOVEMBER 23, 2010, DUE TO THE

THANKSGIVING HOLIDAY. MR. BROWN REMINDED THE BOARD THAT THERE WILL

BE ONLY ONE (1) REGULAR MEETING OF THE BOARD IN DECEMBER, TO BE

HELD ON TUESDAY, DECEMBER 14, 2010.

BOARD INFORMATIONAL ITEMS:

THE BOARD, THE CLERK AND THE COUNTY ATTORNEY EXPRESSED THEIR

APPRECIATION TO COMMISSIONER PARKER FOR HIS WORK ON THE BOARD AS

COMMISSIONER OF DISTRICT 4.

THE BOARD EXPRESSED THEIR APPRECIATION TO ALL IN ATTENDANCE THIS

DATE.

AFTER EXAMINATION OF THE CURRENT BILLS BY THE BOARD, COMMISSIONER

PAGE MOVED, WITH SECOND BY COMMISSIONER PATTERSON, AND UNANIMOUSLY

PASSED BY THE BOARD, THAT THE MONTHLY BILLS BE APPROVED AS FOLLOWS:

FUND WARRANT NOS.

GENERAL REVENUE FUND 041050 THROUGH 041138 INCLUSNE

ROAD AND BRIDGE FUND 5011329 THROUGH 5011347 INCLUSNE

AND THAT THE CHAIRMAN AND THE CLERK BE AUTHORIZED TO ISSUE COUNTY

WARRANTS COVERING SAME.

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BOARD OF COUNTY COMMISSIONERS

TAYLOR COUNTY, FLORIDA

COURTHOUSE ANNEX

M I N U T E S

TZTESDAY, NOVEMBER 16, 2010

6:00 P.M.

THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, MET IN

REGULAR SESSION ON THE ABOVE DATE.

THE FOLLOWING BEING PRESENT: MALCOLM PAGE OF DISTRICT NO. l., WHO

WAS DULY ELECTED ON NOVEMBER 4, 2008 TO SERVE A TERM OF FOUR (4)

YEARS OR UNTIL HIS SUCCESSOR IS DULY ELECTED AND QUALIFIED; MARK

WIGGINS OF DISTRICT NO. 2., WHO WAS DULY ELECTED ON NOVEMBER 2,

2010, TO SERVE A TERM OF FOUR (4) YEARS OR UNTIL HIS SUCCESSOR IS

DULY ELECTED AND QUALIFIED; LONNIE A. HOUCK, JR. OF DISTRICT NO.

3 . , WHO WAS DULY ELECTED ON NOVEMBER 4, 2008 TO SERVE A TERM OF

FOUR (4) YEARS OR UNTIL HIS SUCCESSOR IS DULY ELECTED AND

QUALIFIED; PAM EEAGLE OF DISTRICT NO. 4., WHO WAS DULY ELECTED ON

NOVEMBER 2, 2010, TO SERVE A TERM OF FOUR (4) YEARS OR UNTIL HER

SUCCESSOR IS DULY ELECTED AND QUALIFIED; AND PATRICIA PATTERSON OF

DISTRICT NO. 5 . , WHO WAS DULY ELECTED ON AUGUST 26, 2008 TO SERVE A

TERM OF 4 YEARS OR UNTIL HER SUCCESSOR IS DULY ELECTED AND

QUALIFIED.

THERE WAS ALSO PRESENT, ANNIE MAE MURPHY, CLERK OF COURT, AND

COUNTY ATTORNEY, CONRAD BISHOP.

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THE BOARD THEN PROCEEDED WITH RE-ORGANIZATION.

THE CLERK OF COURT ANNOUNCED THAT THE FLOOR IS NOW OPEN FOR

NOMINATIONS FOR CHAIRMAN.

COMMISSIONER PAGE NOMINATED COMMISSIONER HOUCK TO BE CHAIRMAN OF

TEIE BOARD.

THERE BEING NO OTHER NOMINATIONS FOR CHAIRMAN, AND UPON WTION OF

COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER PATTERSON, AND BY

UNANIMOUS VOTE, THE NOMINATIONS CEASED, AND ALL MEMBERS HAVING

VOTED FOR COMMISSIONER HOUCK, THE CLERK DECLARED THAT COMMISSIONER

HOUCK IS ELECTED TO BE CHAIRMAN OF THE BOARD.

TEIE DEPUTY CLERK RELINQUISHED THE CHAIR TO NEWLY ELECTED CHAIRMAN

HOUCK .

CHAIRMAN HOUCK THEN CALLED FOR NOMINATIONS FOR

VICE-CHAIRMAN.

COMMISSIONER PAGE NOMINATED COMMISSIONER PATTERSON FOR VICE-

CHAIRMAN OF THE BOARD.

THERE BEING NO OTEER NOMINATIONS FOR VICE-CHAIRMAN, AND UPON MOTION

OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER WIGGINS, AND BY

UNANIMOUS VOTE, THE NOMINATIONS CEASED, AND ALL MEMBERS HAVING

VOTED FOR COMMISSIONER PATTERSON, THE CHAIRMAN DECLARED THAT

COMMISSIONER PATTERSON IS ELECTED TO BE VICE-CHAIRMAN OF THE BOARD.

UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

WIGGINS, AND BY UNANIMOUS VOTE, THE BOARD RETAINED ALL PERSONNEL IN

THEIR PRESENT POSITIONS.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

FEAGLE, AND BY UNANIMOUS VOTE, THE BOARD AGREED TO LEAVE REGULAR

MEETING DAYS ON THE FIRST MONDAY AND THE THIRD TUESDAY, AND CHANGE

THE MEETING TIME TO 5:30 P.M.

IT WAS REQUESTED THAT COMMENTS OF CONCERN BE ACCEPTED AT THE

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BEGINNING AND THE END OF THE MEETING FOR THE BENEFIT OF THE PUBLIC,

AND NOT TO START ANY PUBLIC BEARING OR BID OPENING BEFORE 6:00 P.M.

THE CHAIRMAN STATED THAT ALL COMMITTEE APPOINTMENTS WILL REMAIN AS

IS FOR THE PRESENT TIME, AND THAT HE WILL CONSIDER SAID

APPOINTMENTS AT A LATER DATE.

COMMISSIONER WIGGINS REQUESTED THAT COMMISSIONER PAGE REMAIN ON THE

AUCILLA LANDFILL BOARD. COMMISSIONER PAGE REQUESTED THAT

COMMISSIONER PATTERSON REMAIN ON THE TRANSPORTATION DISADVANTAGED

PROGRAM BOARD. IT WAS A CONSENSUS OF THE BOARD TO DISCUSS COMMITTEE

APPOINTMENTS IN A WORKSHOP SETTING AN'D TO AGENDA FOR FURT-

DISCUSSION AT A LATER MEETING OF THE BOARD. THE COUNTY

ADMINISTRATOR WAS REQUESTED TO SEND A CURRENT LIST OF COMMITTEE

APPOINTMENTS FOR THE BOARD'S CONSIDERATION.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

WIGGINS, AND BY UNANIMOUS VOTE, THE BOARD APPROVED THE AMENDED

AGENDA FOR THIS DATE, AS FOLLOWS :

1. ADD AS ITEM NO. 25-A., THE BOARD TO CONSIDER APPROVAL TO

ADVERTISE FOR PUBLIC BEARING TO CONSIDER THE ADOPTION OF A

PROPOSED ORDINANCE AMENDING CHAPTER 74, TRAFFIC VEHICLES,

SECTION 74-3., AUXILIARY BRAKES, PROHIBITING THE USE OF "JAKE

BRAKESr1 ON HIGHWAY 98 WEST FROM SHELTON EDWARDS ROAD TO THE CITY

LIMITS OF PERRY, AS AGENDAED BY COMMISSIONER PATTERSON.

THE CLERK PRESENTED FOR APPROVAL, MINUTES OF AUGUST 17, 31 (2) ,

SEPTEMBER 7, 13 AND 20, 2010. UPON MOTION OF COMMISSIONER PAGE,

WITH SECOND BY COMMISSIONER WIGGINS, IT WAS UNANIMOUSLY PASSED THAT

THE MINUTES OF AUGUST 17, 31 (2), SEPTEMBER 7, 13 AND 20, 2010 WERE

APPROVED WITHOUT PUBLIC READING AS ALL BOARD MEMBERS HAD PREVIOUSLY

RECEIVED TRUE COPIES.

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COMMENTS AND CON(XRNS EaOM TEE PUBLIC FOR NON-AGENDAED ITEMS:

MICHAEL SMITH APPEARED AND ADVISED THAT NESTLES COMPANY IS IN THE

PROCESS OF OBTAINING A PERMIT TO CONSTRUCT A PUMPING STATION AT THE

HEADWATERS OF THE AUCILLA RIVER IN JEFFERSON COUNTY. THAT THIS WILL

HAVE A NEGATIVE IMPACT ON TAYLOR COUNTY'S NATURAL RESOURCES. THE

COUNTY ATTORNEY ADVISED THAT THE BOARD CAN ADOPT A RESOLUTION IN

OPPOSITION OR IN FAVOR OF THIS ISSUE. THE COUNTY ADMINISTRATOR TO

INQUIRE WHEN JEFFERSON COUNTY WILL VOTE ON THE ISSUE AND TO CHECK

WITH SUWANNEE RIVER WATER MANAGEMENT DISTRICT (SRWMD) AND THE NORTH

CENTRAL REGIONAL PLANNING COUNCIL (NCFRPC) REGARDING THEIR OPINION

OF THIS ISSUE.

CONSENT I!z'EMs:

UPON MOTION OF COMMISSIONFS WIGGINS, WITH SECOND BY COMMISSIONER

FEAGLE, AND BY UNANIMOUS VOTE, THE BOARD APPROVED CONSENT ITEM NOS.

SIX (6) THROUGH FOURTEEN (14) , AS FOLLOWS :

6. THE BOARD RECEIVED AND ORDER FILED, THE REPORTS OF RECEIPTS,

EXPENSES AND m T INCOME AT SEPTEMBER 30, 2010, ON ALL

CONSTITUTIONAL OFFICERS.

SAID DOCUMENTATION ON FILE IN THE CLERK'S OFFICE.

7. THE ADOPTION OF RESOLUTIONS TO REFLECT UNANTICIPATED MONIES IN

THE SMALL COUNTY COURTHOUSE SECURITY GRANT FUND, THE SOLID

WASTE FUND AND THE GENERAL FUND, AS SUBMITTED BY AND ON FILE IN

THE COUNTY FINANCE DEPARTMENT.

8. THE RECEIPT OF THE REPORT OF ACTIVITIES AND EXPENDITURES OF THE

TAYLOR COUNTY HEALTH DEPARTMENT FOR THE 3RD. QUARTER OF FISCAL

YEAR 2009-2010, AS REQUESTED BY STEPHEN TULLOS, TAYLOR COUNTY

HEALTH DEPARTMENT.

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9. THE APPROVAL OF THE REVISED FY 2009-2010 CORE CONTRACT WITH THE

TAYLOR COUNTY HEALTH DEPARTMENT, AS REQUESTED THE TAYLOR COUNTY

HEALTH DEPARTMENT.

10. THE APPROVAL OF THE FLORIDA DEPARTMENT OF TRANSPORTATION (E'DOT)

SMALL COUNTY ROAD ASSISTANCE PROGRAM (SCRAP) REIMBURSEMENT

AGREE3fENT FOR THE RESURFACING OF HARRISON BLUE ROAD (CR 361B)

AND ADOPTION OF THE FOLLOWING RESOLUTION AUTHORIZING EXECUTION

OF SAID AGREEMENT BY THE CHAIRMAN, AS AGENDAED BY KENNETH

DUDLEY, COUNTY ENGINEER:

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RESOLUTION NO. A,/&

WECEREAS, the Board of County ~ommissionerk have been informed that a Resolution

should be passed authorizing the Chairperson of the Board of County Commissioners to enter into the

Florida Department of Transportation's Small County Road Assistance Program (SCRAP)

Reimbursement Agreement to resurface Hanison Blue Road (CR 361B) from Woods Creek Road (CR

361B) to US 19 (SR 20).

THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Taylor

County, Florida, that:

1. The Chairperson of the Board is authorized to enter into the SCRAP Reimbursement

Agreement to resurface Hanison Blue Road (CR 361B) from Woods creek Road (CR

361B) to US 19 (SR 20) in Taylor County, Florida.

PASSED in regular session this uhay of MO V& ,2010.

BOARD OF COUNTY COMMISSIONERS

ATTEST:

Lhb- ANNIE MAE MURPHY, Clerk

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11. THE APPROVAL OF A T-HANGAR LEASE AGREEMENT AT PERRY-FOLEY

AIRPORT WITH DON ASMUS/D.D. ASMUS ENTERPRISES, LLC, AS AGENDAED

BY AND ON FILE WITH MELODY COX, GRANTS COORDINATOR.

12. THE APPROVAL OF THE BID AWARD FOR THE GEOTECHNICAL

INVESTIGATION OF SOUTH RED PADGETT ROAD, TO PROFESSIONAL

SERVICE INDUSTRIES, INC., IN THE AMOUNT OF $3,670.00, AS

AGENDAED BY THE COUNTY ENGINEER.

13. THE APPROVAL OF THE BID AWARD FOR THE GEOTECHNICAL

INVESTIGATION OF EAST RED PADGETT ROAD, TO PROFESSIONAL SERVICE

INDUSTRIES, INC., IN THE AMOUNT OF $3,270.00, AS AGENDAED BY

THE COUNTY ENGINEER.

14. THE APPROVAL OF THE BID AWARD FOR THE GEOTECHNICAL

INVESTIGATION OF PAUL POPPELL ROAD TO PROFESSIONAL SERVICE

INDUSTRIES, INC., IN THE AMOUNT OF $2,640.00, AS AGENDAED BY

THE COUNTY ENGINEER.

THE BOARD HAVING HERETOFORE ADVERTISED FOR REQUEST FOR PROPOSALS

(RFPS) FORTHE CONSTRUCTION OF STEINHATCHEE PARK, FOR THIS DATE AT

6 : 10 P .M. , OR AS SOON THEREAFTER AS POSSIBLE.

THE FOLLOWING PROPOSALS WERE RECEIVED:

1. BARLIE LYNCH CONSTRUCTION CO., INC.

MAYO, FL 32066 $76,515

2. R 6 E SITE DEVELOPMENT, INC.

LAKE BUTLER, FL 32054 $59,400

3. DEYOUNG CONSTRUCTION CO., INC.

STEINHATCHEE, FL 32359-0431 $81,300

4. THE ALEXANDER GROUP LLC

OCAIA, FL $85,900

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5. SHINE .& COMPANY, INC.

HIGH SPRINGS, FL 32643

6. SRW CONSTRUCTION, INC.

STEINHATCHEE, E'L

7. GARRISON DESIGN & CONSTRUCTION, INC.

TALLABASSEE, FL $121,113

8. REDFISH MARINE CONSTRUCTION, LLC

SANTA ROSA BEACH, E'L $137,777

THE CLERK DISCUSSED, FOR THE BENEFIT OF THE PUBLIC, THE BID

PROCESS, WITH REGARDS TO THE OPENING OF BIDS, THE APPOINTMENT OF A

BID COMMITTEE, AND THE AWARDING OF THE BID.

KENNETH DUDLEY, BRENT BURFORD AND BOBBY LEWIS WERE APPOINTED AS A

BID COMMITTEE TO STUDY THE PROPOSALS RECEIVED AND TO MAKE A

RECOMMENDATION TO THE BOARD. AFTER CAREFUL CONSIDERATION OF THE

PROPOSALS RECEIVED, IT WAS THE RECOMMENDATION OF THE BID COMMITTEE

THAT THE BOARD AWARD THE BOARD TO R & E SITE DEVELOPMENT, INC. , IN

THE AMOUNT OF $59,400, AS THE LOWEST RESPONSIVE BIDDER. IT WAS

STATED THAT THE NEXT LOWEST BID IS TWENTY-TWO PERCENT (22%) HIGHER

THAN THE LOWEST BID.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

WIGGINS, AND BY UNANIMOUS VOTE, THE BOARD ACCEPTED THE BID

COMMITTEE RECOMMENDATION AND AWARDED THIS BID AS STATED.

SAID BIDS ON FILE IN THE CLERKr S OFFICE.

THE BOARD HAVING HERETOFORE ADVERTISED FOR BIDS FOR THE DEMOLITION

AND REPLACEMENT OF ONE (1) SINGLE FAMILY RESIDENCE (MARTHA &

FRANKLIN RATLIFF) THROUGH THE SHIP PROGRAM, FOR THIS DATE AT 6:15

P.M., OR AS SOON THEREAFTER AS POSSIBLE.

THE FOLLOWING BIDS WERE RECEIVED :

1. WEISS CONSTRUCTION CO.

PERRY, E'L

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2. MICHAEL LYNN, INC.

PERRY, FL $64,900

MELODY COX AND LAWANDA PENBERTON WERE APPOINTED AS A BID COMMITTEE

TO STUDY THE BIDS RECEIVED AND TO MAKE A RECOMMENDATION TO THE

BOARD. MS. COX REQUESTED THAT THE BID BE AWARDED THIS DATE DUE TO

THE CRITICAL CONDITION OF THE HOME. AFTER CAREFUL CONSIDERATION OF

THE BIDS RECEIVED, IT WAS THE RECOMMENDATION OF THE BID COMMITTEE

TO ACCEPT THE BID OF M I C W L LYNN, INC., IN THE AMOUNT OF $64,900,

AS THE LOWEST RESPONSIVE BIDDER. THAT ALL DOCUMENTS ARE IN ORDER.

UPON MOTION OF COMMISSIONER HOUCK, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD AWARDED THE BID, AS

STATED.

SAID BIDS BEING ON FILE IN THE CLERK'S OFFICE.

THE BOARD HAVING HERETOFORE ADVERTISED FOR A PUBLIC HEARING, FOR

THIS DATE AT 6:20 P.M., OR AS SOON THEREAFTER AS POSSIBLE,

REGARDING THE PASSAGE OF A PROPOSED ORDINANCE ESTABLISHING THE

TAYLOR COUNTY RECREATION ADVISORY BOARD (TCRAB) . UPON MOTION OF COMMISSIONER WIGGINS, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE COUNTY ATTORNEY WAS

AUTHORIZED TO READ THE PROPOSED ORDINANCE BY TITLE.

ALL PERSONS PRESENT WERE GIVEN THE OPPORTUNITY TO DISCUSS AND ASK

QUESTIONS REGARDING THE PROPOSED ORDINANCE.

THE COUNTY ATTORNEY TO MAKE CHANGES TO THE PROPOSED ORDINANCE IE:

ADD "OFFICErr AFTER ELECTED ON PAGE 2 AND ADD A

SEVERABILITY/EFFECTIVE DATE CLAUSE ON PAGE 3.

STAN RIDGEWAY, A STEINHATCHEE RESIDENT, QUESTIONED THE DUTIES OF

THE TCRAB AND WAS ADVISED THAT THE BOARD WILL ALLOW FOR COMMUNITY

INPUT ON THE SPORTS COMPLEX OPERATION ONLY.

COMMISSIONER WIGGINS STATED THAT THE MAYOR AND THE CITY MANAGER

WANT TO MEET WITH THE COUNTY ADMINISTRATOR AND A BOARD DESIGNEE

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PRIOR TO THE PASSAGE OF THE PROPOSED ORDINANCE REGARDING THEIR

CONCERNS.

NO OTHER PERSONS SPOKE REGARDING THE PROPOSED ORDINANCE.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

WIGGINS, THE PUBLIC HEARING WAS CONTINTJED UNTIL A DATE AND TIME

CERTAIN OF TUESDAY, DECEMBER 14, 2010 AT 6:30 P.M., IN ORDER FOR

THE COUNTY ADMINISTRATOR AND CHAIRMAN HOUCK TO MEET WITH CITY

REPRESENTATIVES.

THE BOARD HAVING HERETOFORE ADVERTISED FOR A PUBLIC HEARING, FOR

THIS DATE AT 6:25 P.M., OR AS SOON THEREAFTER AS POSSIBLE,

REGARDING THE PASSAGE OF A PROPOSED ORDINANCE PROVIDING FOR

AUTHORITY OF THE COUNTY ADMINISTRATOR TO DESIGNATE CODE ENFORCEMENT

OFFICERS.

UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

WIGGINS, AND BY UNANIMOUS VOTE, THE COUNTY ATTORNEY WAS AUTHORIZED

TO READ THE PROPOSED ORDINANCE BY TITLE.

ALL PERSONS. PRESENT WERE GIVEN THE OPPORTUNITY TO DISCUSS AND ASK

QUESTIONS REGARDING THE PROPOSED ORDINANCE.

THE COUNTY ADMINISTRATOR DISCUSSED THE PROPOSED ORDINANCE AND

STATED THAT THE CURRENT CODE ENFORCEMENT OFFICER WORKS

APPROXIMATELY TWENTY (20) HOURS PER WEEK. MR.' BROWN STATED THAT THE

PROPOSED ORDINANCE WILL AUTHORIZE HIM TO DESIGNATE COUNTY EMPLOYEES

AS CODE ENFORCEMENT OFFICERS, WITH THE ABILITY TO WRITE CITATIONS

(WITH NO AUTHORITY TO MAKE ARRESTS), WITHOUT HAVING TO HIRE AN

ADDITIONAL CODE ENFORCEMENT OFFICER, WHICH WILL HOLD DOWN COSTS.

PUBLIC COMMENTS WERE RECEIVED FROM GEORGE STAMOS AND BILL

SATTERWHITE .

NO OTHER PERSONS SPOKE REGARDING THE PROPOSED ORDINANCE.

AFTER DISCUSSION AND UPON MOTION OF COMMISSIONER PAGE, WITH SECOND

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BY COMMISSIONER WIGGINS, AND BY UNANIMOUS VOTE, THE BOARD ADOPTED

COUNTY ORDINANCE NO. 2010-12, AS FOLLOWS:

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ORDINANCE NO: 2010- iA

AN ORDINANCE OF TAYLOR COUNTY, FLORIDA AMENDING CHAPTER 2 - ADMINISTRATION, 'ARTICLE V. BOARDS, COMMISSIONS AND AUTHORITIES, SECTION 2-126 - CIVIL INFRACTIONS - OF THE TAYLOR COUNTY CODE OF ORDINANCES PROVIDING FOR A DEFINITION OF CODE ENFORCEMENT OFFICER, PROVIDING FOR AUTHORlTY FOR THE COUNTY ADMINISTRATOR TO DESIGNATE CODE ENFORCEMENT OFFICERS, PROVIDING FOR AUTHORITY TO ISSUE CITATIONS, AMENDING VIOLATIONS PROCEDURES, PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

WEEREAS, in accordance with Florida Statutes, Chapter 125.01, the,Florida Legislature grants the Board of County Commissioners the power to carry on county government and Chapter 125.01(l)(t) authorizes the Board to adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fmes and penalties for the violation of ordinances in accordance with law; and

WEEREAS, it is in the intent of the Board of County Commissioner in accordance with Florida Statutes, Chapter 162.02 to promote, protect, and improve the health, safety, and welfare of the citizens of Taylor C o w , and

. . WEEREAS, it is in best interest of the residents and taxpayers of Taylor County that the County utilizes the most economical and efficient manner to implement and enforce the code;

NOW, THERFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA, TEL4T:

SECTION 1. Chapter 2, Article V, Section 2-126 of the Code of Ordinances of Taylor County is hereby amended as follows:

Sec. 2-126. Civil *actions.

(a) Definitions . For purposes of this section, the following definitions shall apply: Code Enforcement Oflcer means any employee or agent of the county who is designated by the County Administrator to enforce codes and ordinances enacted by the county. Provided, however, nothing herein shall be construed to authorize any person designated

; as a code enforcement officer to perform any f ic t ion or duties of a law enforcement officer other than as specified. A code enforcement officer shall not make physical arrests or take any person into custody. County shall mean the unincorporated areas of Taylor County, or any municipalities within Taylor County that have entered interlocal agreements with the board of county commissioners for the provision of code enforcement services.

Page 1 of 4

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@) Authority to issue citations. Any code enforcement officer is hereby empowered to issue citations to any person when, based upon personal investigation (including license plate information), the officer has reasonable cause to believe that the person has committed a violation of a duly enacted Taylor County code or ordinance.

(c) Ordinances enforced and penalties assessed. All Taylor County codes andlor ordinances may be enforced by this section by citation to the appropriate county court of the county, except where prohibited by law or statute. Violations of codes and ordinances shall cany a k e as provided from time to time by resolution of the board. However, in no event shall a fine exceed five hundred dollars ($500.00) per violation.

(d) Violations procedure.

(1) A code enforcement officer or law enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted Taylor County code or ordinance. In the case of boat ramp violations the code enforcement officer is to issue a citation without a warning. However, in the case of animal control issues or junk and debris, prior to issuing a citation, a code enforcement officer-may-provide notice to the person that the person has committed a violation of code or ordinance and shall establish

' a reasonable time period within which the person must correct the violation. If; upon personal investigation, a code enforcement officer finds that the person has not dorrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation A code enforcement officer does not have to provide the person with a reasonable.time period to correct the violation prior to issuing a citation and may immediately issue a citation if the code enforcement has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible.

(2) A code enforcement officer shall issue a notice of violation in a form prescribed by the county and it shall contain:

a. The date and time of issuance. b. The name and address of the person to whom the citation is issued. c. The date and time the civil infraction was committed. d. The facts constituting reasonable cause. e. The number or section of the code or ordinance violated. E The name and authority of the code enforcement officer. g. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. h The applicable civil penalty if the person elects to contest the citation i. The applicable civil penalty if the person elects not to contest the citation

Page 2 of 4

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j. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citations, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entefed against the person for an amount up to the durn civil penalty.

(3) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one (1) copy of the citation with the wunty court.

(4) Upon a finding of a violation at a contested hearing in wunty court, the county judge shall have the authority to impose a civil fine not to exceed five hundred dollars ($500.00).

(5) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083.

(6) In regard to Boat Ramp or other parking violations the code enforcement officer will leave the citation under the windshield wiper blade on the driver side of the vehicle. (Ord. NO. 2008-8,2-16-2005) Sea. 2-1 27--2-145. Reserved.

SECTION 2. Inclusion in the Code of Ordinances

It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Taylor County Code; and that the section of this Ordinance may be renumbered or relettered and word "ordinance" may be changed to "section," "article" or such other appropriate word or phrase in order to accomplish such intentions.

SECTION 3. Severability.

The intent of the Board of County Commissioners is that if any subsection, clause, sentence, provision or phrase of this Ordinance is held to be invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this Ordinance.

SECTION 4. Effective Date.

' This ~rdinance shall take effect upon being enacted and duly filed in the office of the Secretary of State of the State of Florida

Page 3 of 4

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PUBLIC REQUESTS:

RICK BREER, TAYLOR COUNTY DEVELOPMENT AUTHORITY (TCDA), APPEARED TO

RECOMMEND PAYMENT OF 2010-2011 QUALIFIED TARGET INDUSTRY (QTI)

PROGRAM PAYMENT OF $12,121.20 TO LANCE MANUFACTURING (FROM ACCOUNT

NO. 59914).

MR. BREER STATED THAT THE BOARD BUDGETED $15,600 FOR SAID PAYMENT,

HOWEVER LANCE HAS NOT MAINTAINED THE 52 JOBS PROMISED, THEREFORE

THE DIFFERENCE IN THE PAYMENT.

UPON MOTION OF COMMISSIONER PAGE, WITH SECOND BY COMMISSIONER

PATTERSON, AND BY UNANIMOUS VOTE, THE BOARD APPROVED PAYMENT IN THE

AMOUNT OF $12,121.20, AS REQUF,STED, TO LANCE MANUFACTURING, FOR THE

2010-2011 QTI PROGRAM.

JACK SMITH AND BARRY TYE, FLORIDA DIVISION OF FORESTRY, APPEARED

AND PRESENTED THE ANNUAL COOPERATIVE FORESTRY ASSISTANCE AND FOREST

PROTECTION REPORTS.

AFTER DISCUSSION, THE BOARD ACCEPTED AND ORDERED FILED, THE REPORTS

AS SUBMITTED.

DAWN TAYLOR, TAYLOR DEVELOPMENT COUNCIL (TDC) , APPEARED TO REQUF,ST

APPROVAL OF A TDC BUDGET AMENDMENT FOR CHAMBER OF COMMERCE FUNDING,

IN THE AMOUNT OF $10,000, TO REPLACE FUNDING TO THE CHAMBER NOT

BUDGETED BY THE BOARD. UPON MOTION OF COMMISSIONER PAGE, WITH

SECOND BY COMMISSIONER WIGGINS, AND BY UNANIMOUS VOTE, THE BOARD

APPROVED THE REQUEST, AS SUBMITTED.

COUNTY STAFF ITEMS:

UPON MOTION OF COMMISSIONER WIGGINS, WITH SECOND BY COMMISSIONER

PAGE, AND BY UNANIMOUS VOTE, THE BOARD APPROVED

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FIRST TIME HOMEBUYERS DOWN PAYMENT ASSISTANCE THROUGH THE SHIP

PROGRAM FOR DARRAE MOSS, AS AGENDAED BY TEE GRANTS COORDINATOR.

THE BOARD DECLARED NO RELATION TO THE APPLICANT.

UPON MOTION OF COMMISSIONER PATTERSON, WITH SECOND BY COMMISSIONER

WIGGINS, AND BY UNANIMOUS VOTE, THE BOARD

APPROVED THE SATISFACTION OF LIEN AGREEMENT, SATISFACTION OF

MORTGAGE AND SATISFACTION OF AMENDMENT TO LIEN AGREEMENT FOR ROGER

AND DENISE STILES, WHO RECEIVED REHABILITATION ASSISTANCE FOR THEIR

HOME THROUGH THE SHIP PROGRAM, AS AGENDAED BY THE GRANTS

COORDINATOR.

THE CLERK DECLARED THAT DENISE STILES IS HER FIRST COUSIN.

THE BOARD DECLARED NO RELATION TO THE APPLICANTS.

BUSINESS:

THE BOARD DISCUSSED SPONSORSHIP OF BALL TOURNAMENTS AT THE TAYLOR

COUNTY SPORTS COMPLEX TO ELIMINATE THE $1 ENTRANCE FEE, AND TO

GENERATE REVENUE FOR THE COUNTY AND SMALL BUSINESSES, AS AGENDAED

BY COMMISSIONER FEAGLE. MS. FEAGLE STATED THAT SEE HAS HAD

COMPLAINTS FROM HER CONSTITUENTS REGARDING THE $1 ENTRANCE FEE.

COMMISSIONER WIGGINS STATED THAT TEE TCRAB WOULD BE BENEFICIAL IN

ASSISTING WITH THIS ISSUE. IT WAS RECOMMENDED THAT COUNTY STAFF

RESEARCH AND OFFER A PROPOSAL TO THE BOARD FOR THEIR CONSIDERATION.

IT WAS A CONSENSUS TO FURTHER DISCUSS THIS ISSUE AT THE BOARD'S

REGULAR WORKSHOP ON NOVEMBER 30, 2010.

THE BOARD DISCUSSED ADVERTISING FOR A PUBLIC HEARING TO CONSIDER

CHANGING THE NAME OF LEWIS ROAD (OFF JACKSON) TO T.A. MILLER ROAD,

AS AGENDAED BY COMMISSIONER WIGGINS. DUE TO THE NUMBER OF MILLER

ROADS IN TAYLOR COUNTY, COMMISSIONER WIGGINS AGREED TO MEET WITH

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THE PROPERTY OWNERS TO DETERMINE A DIFFERENT NAME THAT IS AGREEABLE

TO ALL CONCERNED.

COMMISSIONER WIGGINS MADE A MOTION, WITH SECOND BY COMMISSIONER

PAGE, TO TABLE THE ISSUE. THE MOTION PASSED BY UNANIMOUS VOTE OF

THE BOARD.

THE BOARD DISCUSSED ADVERTISING FOR A PUBLIC HliXRING TO CONSIDER

THE ADOPTION OF A PROPOSED ORDINANCE AMENDING CHAPTER 74, TRAFFIC

VEHICLES, SECTION 74-3., AUXILIARY BRAKES, PROHIBITING THE USE OF

"JAKE BRAKES" ON HIGHWAY 98 WEST FROM SHELTON EDWARDS ROAD TO THE

CITY LIMITS OF PERRY, AS AGENDAED BY COMMISSIONER PATTERSON.

COMMISSIONER PATTERSON ADVISED OF PROPERTY OWNER COMPLAINTS OF

NOISE FROM THESE BRAKES. UPON MOTION OF COMMISSIONER PATTERSON,

WITH SECOND BY COMMISSIONER PAGE, AND BY UNANIMOUS VOTE, THE BOARD

VOTED TO ADVERTISE FOR A PUBLIC HEARING TO BE HELD ON TUESDAY,

DECEMBER 14, 2010 AT 6:35 P.M.

THE COUNTY ATTORNEY TO PREPARE THE PROPOSED ORDINANCE AND NOTICE TO

ADVERTISE.

COUNTY ATTORNEY I!Z?DS :

THE BOARD TO DISCU.SS REQUESTING THE COUNTY ATTORNEY TO OBTAIN A

WRITTEN OPINION FROM THE FLORIDA COMMISSION ON ETHICS (ETHICS)

REGARDING THE QUESTION OF POSSIBLE CONFLICTS OF INTEREST PRIOR TO

THE BOARD VOTING ON THE PROPOSED RV DENSITY ORDINANCE. THE COUNTY

ATTORNEY STATED THAT COUNTY COMMISSIONERS OWN PROPERTY AND/OR

RECREATIONAL VEHICLES IN THE COASTAL AREA WHICH COULD POSE A

CONFLICT OF INTEREST IN VOTING ON THE PROPOSED ORDINANCE.

COMMISSIONER WIGGINS MADE A MOTION, WITH SECOND BY COMMISSIONER

PATTERSON, TO AUTHORIZE THE COUNTY ATTORNEY TO OBTAIN A WRITTEN

OPINION FROM ETHICS REGARDING THIS ISSUE. THE MOTION PASSED BY

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UNANIMOUS VOTE OF THE BOARD.

THAT THE PUBLIC HEARING WILL BE ADVERTISED AFTER THE ETHICS OPINION

IS RECEIVED.

C O u m Y ADMINISTRATOR I!rEMs:

THE COUNTY ADMINISTRATOR REMINDED THE BOARD OF THE NOVEMBER 30,

2010 WORKSHOP SET TO BEGIN AT 3:00 P.M.

THE COUNTY ADMINISTRATOR DISCUSSED COMPLAINTS RECEIVED BY

COMMISSIONER PAGE REGARDING THE HOURS OF OPERATION OF THE CR 14

ROLL-OFF SITE (OPEN SUNDAY THROUGH THURSDAY, CLOSED FRIDAY AND

SATURDAY). IT WAS A CONSENSUS OF THE BOARD TO HOLD A PUBLIC HEARING

ON DECEMBER 14, 2010.

THE COUNTY ADMINISTRATOR ADVISED THAT HE WILL ADVERTISE FOR A

SPECIAL MEETING TO BE HELD ON TUESDAY, NOVEMBER 30, 2010 AT 5:30

P.M., TO DISCUSS CHRISTMAS GIFTS FOR ALL COUNTY EMPLOYEES.

THE COUNTY ADMINISTRATOR ADVISED OF THE FARM CITY BANQUET WITH

CHARLIE DEAN AND LEONARD BEMBRY. MR. BROWN ALSO STATED THAT TAREE

(3) MEMBERS OF THE COMMISSIONER WILL BE ATTENDING THE FAC MEETING

THIS WEEK.

BOARD INFORMATIONAL ITEMS:

COMMISSIONER FEAGLE ADVISED THAT DAWN TAYLOR IS INTERESTED IN

SPORTS COMPLEX ISSUES, AND EXPRESSED HER EXCITEMENT ABOUT WORKING

WITH THE BOARD AND COUNTY STAFF.

COMMISSIONER PAGE EXPRESSED HIS APPRECIATION THOSE WORKING ON THE

CHRISTMAS GIFT FOR COUNTY EMPLOYEES, IF FUNDING IS AVAILABLE.

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COMMISSIONER HOUCK STATED THAT THE BEACHES RV DENSITY IS A SERIOUS

ISSUE AND REQUESTED THAT THE BOARD CONSIDER MEETING IN THAT AREA

AFTER THE ETHICS OPINION IS RECEIVED AND PRIOR TO HOLDING A PUBLIC

HEARING.

COMMISSIONER WIGGINS EXPRESSED HIS APPRECIATION TO THE COUNTY ROAD

DEPARTMENT FOR THEIR WORK ON TEIE CONTRACTOR ROAD.

THE BOARD EXPRESSED THEIR APPRECIATION TO ALL AND WELCOMED

COMMISSIONER F'EAGLE ON BOARD.

AULEY ROWELL REQUESTED THAT THE BOARD DISCUSS HUNTING CAMP GARBAGE

FEES AT THEIR NEXT WORKSHOP.

AFTER EXAMINATION OF THE CURRENT BILLS BY THE BOARD, COMMISSIONER

PAGE MOVED, WITH SECOND BY COMMISSIONER WIGGINS, AND UNANIMOUSLY

PASSED BY THE BOARD, THAT THE MONTHLY BILLS BE APPROVED AS FOLLOWS:

FUND WARRANT NOS.

GENERAL REVENUE FUND 041139 THROUGH 041237 INCLUSIVE

ROAD AND BRIDGE FUND 5011348 THROUGH 5011360 INCLUSIVE

AND THAT THE CHAIRMAN AND THE CLERK BE AUTHORIZED TO ISSUE COUNTY

WARRANTS COVERING SAME.

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Page: 21

THE HOUR BEING APPROXIMATELY 8:30 P.M., AND THERE BEING NO FURTHER

BUSINESS, COMMISSIONER FEAGLE MADE A MOTION, WITH SECOND BY

COMMISSIONER PATTERSON, TO ADJOURN. THE MOTION TO ADJOURN PASSED

BY UNANIMOUS VOTE OF THE BOARD, SUBJECT TO CALL.

BOARD OF COUNTY COMMISSIONERS

TAYLOR COUNTY, E'LORIDA

BY :

LONNIE A. HOUCK, JR., CHAIRMAN

ATTEST:

ANNIE MAE MURPHY, CLERK

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Department Dept # Asset # Acquired Date Description

Tax Collector 903 660 4/3/1961 Desk 5503 113012002 Dell Computer

Property Appraiser 904 3508 4604 4749 4750 484 1 4843 4845 6005 6007 6008

1 111 611 993 Printer 913011 998 Burster 101111998 Plextor CD-ROM 1011 11 998 Printer 912711 999 Monitor 912711 999 Printer 912711 999 Digital Camera 913012003 Computer 913012003 Computer 913012003 Computer

Purchase Price Reason for Disposs

$ 270.00 Surplus $ 2,411 .OO Surplus

7,830.00 Junked 2,700.00 Junked

500.00 Junked 5,453.00 Junked

300.00 Junked 647.00 Junked 648.95 Junked

1,279.00 Junked 1,279.00 Junked 1,279.00 Junked

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REPORT OF TRANSFER OR DISPOSITION TAYLOR COUNTY, FLORIDA

: TO: BOARD OF COUNTY COMMISSIONERS

. FROM: TAX COLLECTOR DEPT: 0903 DATE:

To Whom It May Concern: The following changes have occurred in the property in my custody. This information should be.entered on

your Property Record. . . IDENTIFICATION DATA

TRANSFER DATA

\

TRANSFERRED TO: . .

DEPT:

1 Losing Custodiadlept Head , '

Name of Item

Qesk ' 0

t

( Gaining Cus tod idep t Head

Date of Transfer I -

Other Description: 1

Location

- yo R w n

County Administrator Approval I

Make

- serial Number

DISPOSITION DATA

1. s u r p l u s w ~ m d b a l ~ d Trade-in ' Junked Stolen Missing %*

-

** Property that is miss in^ or Unable to locate shall be presented to the County Commission by tbe Property .Custodian Immediately

Explanation for Disposal: (required)

Last Know Location: (required)

APPROVED DENIED By the Taylor County ~ o & d of Commissioners DATE'

- Losing ~ u s t o d i a n / ~ ~ ~ a r t m e n t Head County Administrator

Witness of Disposition Chairmiin I Date Removed from Asset Records Fixed Assets Manager

REVISED 7/05 by G Knowles

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TO: BOARD OF COUNTY COMMISSIONERS Asset Number: 55 b 3

FROM: TAX CO.LLECTOR DEPT: 0903 DATE: 7-q3<\ b

To Whom It May Concern: The following ch&ges have occurred in the property in my custody. Thk information should be.eritered on

youi Property Record. . .

IDENTIFICATION DATA

I . / OOD $5- \xq - 5oi-ao I

Other Description:

B\i L\j Na je of Item

bu-erSc ; Model

TRANSFER DATA

TFUWSFERRED TO:

1 DEPT:

Location

7 - 2.0 F \ o o e

a in ing CustodianLDept Head

Make.

Date of Transfer . I

Year I . ' Serial Number

County Administrator Approval

DISPOSITION DATA

/ SUIPIUSK Cannibalized Trade-in Junked Stolen Missing [I] ** a .

"" Property that is. missing or Unable to locate shali be presented to the Countv Commission by the Property Custodian Immediately

Explanation for Disposal: (required) . .

. . .

Mt Know Location: (required)

LED n BY the Taylor count^ Board of Commissioners 1

Witness of Disposition Chairman

Date Removed from Asset Records Fixed Assets Manager

REVISED 7/05 by G Knowles

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REPORT OF TRANSFER OR DISPOSITION TAYLOR COUNTY, FL

TO: BOARD OF COUNTY C13MMISSIONERS Asset Number: 353 FROM: FL~@

Department name D E P T : ~ ~ & ~ Number DATE: / / / z l / / a

To Whom It May Concern: The following changes have occurred in the property in my custody. This information should be entered on

your Property Record. IDENTIFICATION DATA

TUWSFER DATA

Model

~ F E R R E D TO:

New Location:

Losing CustodianKIept Head --

----

DISPOSITION DATA

Location

Year

Cannibalized Trade-in S t o l e n n Miss ingo**

** Property that is missing or Unable t? locate sh to the Countv Commission bv the Property Custodian Immediately

Make

Serial Number

/ Explanation for Disposal:(required) / 1

Last known location: (requned) a

the Taylor County Board of Commissioners. Date

County Administrator

Witness of Disposition Chairman I Date Removed from Asset Records

Revised 7/05 by G Knowles

Fixed Assets Manager

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REPOXI' OF TE4NSFZR OX DISPOSITION TAYLOR C O U ~ Y , YLORIDA

TO: BOA93 OF COUNTY COPmmSS40NEXS Assei Nnmb

FROM: TAX CQLLECTOX DEPT: 0903

... . To Whoa It May Concern:

The following chznges have occurred in the property in my custody. This information should be entered on your Property Record.

DENTWHCAT10N DATA

T W S F E R DATA

Name of Item

BURSTER iModel

1000

1 TRANSFERRED TO:

DEFT: TAYLOR COUNTY PROP New Location: 2ND FLOOR

D%SBOSPTION DATA

Surplus Cannibalized Trade-in 17 Junked Stolen Missing *"

Explanation for Disposal: (required)

Last Know Locatlor?: (required)

Losing Custo&an/Department Head

Vlitness of Disposition

Date Xemoved fron Asset Records

FJVISED 7/05 by G Knowles

Other Description: ,

Location - TAX COLLECTOR 2ND FLOOR

Year

? ?

M a h

STANIIARD REGISTER Serial Nnxber

2 1 7 2

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REPORT OF TRANSFER OR DISPOSITION TAYLOR COUNTY, FL

TO: BOARD OF COUNTY CIC)MMISSIONERS Asset Number:

DEPT: E:o~ ' DATE: / / / z / ) d Number

To Whom It May Concern: The following changes have occurred in the proper@ in my custody. This information should be entered on

y o ~ u Property Record. IDENTIFICATION DATA

Name of Item I. - 1 .

Location Make

TRANSFER DATA

TRANSFERRED TO:

DEPT: g: New Location:

Losing CustodianIDept Head I Gaining CustodianlDept Head

Date of Transfer

County Administrator Approval

DISPOSITION DATA

Surplus Cannibalized

** Proplertv that is missing or Custodian Immediately

Explanation for Disposal:(required) 1

Last known location: (required)

r County Board of Commissioners. Date

County Administrator

Witness of Disposition Chairman

Date Removed from Asset Records

Revised 7/05 by G Knowles

Fixed Assets Manager

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REPORT OF TRANSFER OR DISPOSITION TAYLOR COUNTY, FL

TO: BOARD OF COUNTY C,3MMISSIONERS Asset Number: 7 7 FROM: F[!?fi

Department name DEPT: DATE: 1 / / ~.///(j

Number

To Whom It May Concern: The following changes have sccurred in the property in my custody. This information should be entered on

your Property Record. IDENTIFICATION DATA

TRANSFER DATA

Name of Item

ode!

TRANSFERRED TO:

1 DEPT: #: New Location:

I

, Other Description: ,

Location

1 Losing CustodianiDept Head +-- --

Make

Serial Number

Gaining CustodianDept Head

Date of Transfer ----

County Administrator Approval

L I

DISPOSITION DATA

1 Surplus Cannibalized rn Traie-in Junked% Stolen I-J Missing **

** Property that is missing or Una ed to the Countv Commission by the Proper@ Custodian Immediately

Explanation for Disposal:(required)

Last known location: (required) I

y rhe Taylor County Board of Commissioners.

County Admistrator

I Witness of Disposition Chairman

Date Removed from Asset Records Fixed Assets Manager

Revised 7/05 by G Knowles

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EPOR?' OF TRANSFER OR DISPOSITION TAYLOR COUNTY, FL

TO: BOARD OF COUNTY COMMISSIONERS Asset Number:

FROM: T(:?p- Department name

DEPT: DATE: ' / / /a21 I Number

To Whom It May Concern: The following changes have occurred in the property in my custody. This informition should be entered on

your Property Record. IDENTIFICATION DATA

TRANSFER DATA

New Location:

- DISPOSITION DATA

Surplus q Cannibalized q Trade-in [7 Ju?ked Stolen [7 Missing D**

** Property that is missine: or Unable ta locate shall b A s e n t e d to the County Commission by the Property Custodian Immediately

Explanation for Disposal:(requir

Last !mown location: (required) / hlLC/% a,;),/ &&?Ju!&

APPROVED [7 DENIED C] By the Taybr County Board of Commissioners. Date

County Administrator

Witness of Disposition Chairman

Date ~emoved fiom Asset Records Fixed Assets Manager

Revised 7/05 by G Knowles

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REPORT OF TRANSFER OR DISPOSITION TAYLOR COUNTY, FL

TO: BOARD OF COUNTY COMMISSIONERS Asset Number:

FROM: T C P ~ Department name

DEPT: @dc/ Number I

DATE: // /a// 0

To Whom It May Concern: The following changes have occurred in the property in my custody. This information should be entered on

your Property Record. IDENTIFICATION DATA

TRANSFER DATA

Name of Item

L b.CoL Model

TRANSFERRED TO:

New Location:

Losing CustodiadDept Head

DISPOSITION DATA

Surplus Cannibalized Traie-in J u $ e d K Stolen Missing n** "

Other Description: 7 2 64375-

Location

** Property that is missine or Unable to locate shall d s e n t e d to the County Commission by the Property Custodian Immediately

Explanation for Disposal:(required)

Serial Number

i

Last known location: (required)

e Tayhr County Board of Commissioners. Date

County Administrator

Witness of Disposition Chairman

Date Removed from Asset Records

Revised 7/05 by G Knowles

Fixed Assets Manager

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REPORT OF TRANSFER OR DISPOSITION TAYLOR COUNTY, FL

TO: BOARD OF COUNTY COMMISSIONERS Asset Number: q y y 3 FROM: ~ f &

Department name DEPT: DATE: /#/ .&i / / d

Number

To Whom It May Concern: The following changes have occurred in the property in my custody. This information should be entered on

your Property Record. IDENTIFICATION DATA

TRANSFER DATA

Name of Item

3Rt~ &PI? Model

TRANSFERRED TO:

( DEPT: ff :

Other Description: US C D i r ~ 1 5 y

Location

1 Losing CustodiadDept Head

Make

/J f Serial Number

Gaining CustodianiDept Head

New Location:

Date of Transfer

County Administrator Approval

DISPOSITION DATA

Surplus Cannibalized Trale-in J M e d Stolen Misslng n** ** Property that is missing or Un d to the County Commission by the Property

Custodian Immediatelv

Explanation for Disposal:(requiredj

Last known location: (required)

. . .

the Taybr County Board of Commissioners. Date

County Administrator

Witness of Disposition Chairman

Date Removed from Asset Records Fixed Assets Manager

Revised 7/05 by G Kriowles

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REPORT OF TRANSFER OR DISPOSITION TAYLOR COUNTY, FL

TO: BOARD OF COUNTY CI~MMISSIONERS

FROM: Department name

DEPT: Numbe~

DATE:

To Whom It May Concern: The following changes have occurred in the property in my custody. This information should be entered on

your Property Record. IDENTIFICATION DATA

I

Other Description: I

Name of Item

WQ, Model

TRANSFER DATA

TRAUSFERRED TO:

New Location:

Losing CustodianDept Head -

DISPOSITION DATA

Locabon

Surplus rn Cannibalized rn Tra:ie-in l u n k e d x Stolen Missing **

Make

** Proplerty that is missing or Unable to the County Commission bv the Property Custodian Immediately

Explanation for Disposal:(required)

Last known location: (required) /&Iq $@& Taykor County Board of Commissioners.

Date

County Administrator

Witness of Disposition Chairman

K e ~ e m o v e d from Asset Records Fixed Assets Manager

Revised 7/05 by G Knowles

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REPORT OF TRANSFER OR DISPOSITION TAYLOR COUNTY, FL

TO: BOARD OF COUNTY COMMISSIONERS Asset Number:

FROM: -J?@- DEPT: Department name

07d$4" DATE: Number

To Whom It May Concern: The following changes have occurred in the property in iny,custody. This information should be entered on

your Property Record. IDENTIFICATION DATA

Name of Item

TRANSFER DATA

Model

- T R A N ~ D TO:

DEPT: #: New Location:

Location

DISPOSITION DATA

Make 1

Year

~ u r ~ l u s Cannibalized Trade-in Jqke

** Custodian Immediately

Explanation for Disposal:(required)

Serial Number

Last known location: (required) fl@ & ' j & a&&@&?& e Taybr County Board of Commissioners.

Date

County Administrator

Witness of Disposition Chairman

Date Removed from Asset Records Fixed Assets Manager

Revised 7/05 by G &lowles

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REPORT OF TRANSFER OR DISPOSITION TAYLOR COUNTY, FL

TO: BOARD OF COUNTY C3MMISSIONERS

FROM: (CpA Department name Number

Asset Number: hdd 7 DATE: / / / a / / O

To Whom It May Concern: The following changes have occurred in the property in my custody. This information should be entered on

your Property Record. IDENTIFICATION DATA

Location Make

0 Serial Number

Other Description:

TRANSFER DATA

DISPOSITION DATA

Surplus Cannibalized Trsle-in Junked Stolen Missing n** ** Property that is missing or UnabIe to loc d to the Countv Commission bv the Proper@

Custodian Immediately

Explanation for Disposal:(required) / Last h o w location: (required) /fii//U/a"l p,&V,+& APPQOVED DENIED By the Taylor County Board of Commissioners.

Date

County Administrator

Witness of Disposition Chairman

Date Removed from Asset Records

Revised 7/05 by G Knowles

Fixed Assets Manager

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REPORT OF TRANSFER OR DISPOSITION TAYLOR COUNTY, FL

TO: BOARD OF COUNTY COMMISSIONERS Asset Number:

FROM: xlk Department name

DEPT: 6ybY Num er

To Whom It May Concern: The following changes have occurred in the property in my custody. This information should be entered on

your Property Record. IDENTIFICATION DATA

TRANSFER DATA

Name of Itein

f Model

TRANSFERRBXTO:

DEPT: '1 New Location:

Losing Custodian/Dept He_&-------- -ILLC--

Gaining Custodian/Dept Head

Surplus Cannibalizecl Trale-in Junked Stolen Missing n** ** Property Custodian that Immediately is missing or Unable /A t o locate shal resented to the Coun Commission bv the Pro e 1

Other Description:

Location

I Explanation for Disposal:(required) 1

Make

e ?PI/ Serial Number

Last known location: (required)

By the Taybr County Board of Commissioners. Date

County Administrator

Witness of Disposition Chairman I Date Removed &om Asset Records

Revised 7/05 by G Knowles

Fixed Assets Manager

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/ I SUBJECTrrITLE: I Emergency Management Department of Homeland Security Grant I I 1 1 Agreement 1

I I MEETING DATE REQUESTED: I January 3,2010

Statement of Issue: Board to consider approval of Emergency Management Department of Homeland Security Grant Agreement

Recommended Action: Approve

Fiscal Impact: $49,798

Budgeted Expense: No

Submitted By: LaWanda Pemberton, Asst. County Administrator

Contact: 850-838-3500 ext. 7

SUPPLEMENTAL MATERIAL I ISSUE ANALYSIS

History, Facts & Issues: Taylor County Emergency Management has been awarded a Homeland Security grant in the amount of $49,798 from the State of Florida, Division of Emergency Management. This Homeland Security funding will be dedicated to the development of a Post Disaster Redevelopment Plan and also for a functional exercise. Taylor County was awarded a Homeland Security grant in FY 2009 for Post Disaster Redevelopment, as well. The funding from both agreements will be utilized to develop a 2 stage Post Disaster Redeveloprner~t Plan for Taylor County.

Options: Not to accept funding

Attachments: Copy of grant agreement.

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From: Hines, Nikki [[email protected]] Sent: Wednesday, December 22, 2010 1 :01 PM To: LaWanda Pemberton; Jeff Manning Subject: FYI 0 SHSGP Agreement Attachments: TaylorCo.docx

The Division of Emergency Management is pleased to forward your Homeland Security Aareement in the amount of $49,798. Please carefully read and review the agreement including all attachments prior to signing. The period of performance for this agreement is October 1, 2010 through April 30,201 3

Print four (4) sets of the attached agreement and complete as follows:

All four sets of the Agreement need original authorized signatures If signed by anyone other than the authorized person, a copy of an existing Certificate,

Resolution, or Procedure, or a letter signed by the authorized person indicating that they have the authority to enter into Agreements.

.Authorized person's name and title printed where requested Date of signature Enter your Federal Identification Number that is located on signature page .The Budget Detail Worksheet should be completed with anticipated expenditure amounts - this

amount should equal your award amount

Section 13(c), Notice and Contact, must be completed with the name and contact information of the representative of the recipient who will be responsible for the administration of this agreement

If you intend to request an advance, please make sure that you read and complete all items identified under Paragraph (16) Funding /Consideration. The amount which may be advanced may not exceed the expected cash needs within the first three (3) months of the Agreement term. The request must also be submitted on Attachment C with a detailed justification.

Once completed with the above information and signed, please return all four (4) sets of the agreement to this address:

Florida Division of Emergency Management Bureau of Finance - Attn: Nikki Hines Grants Administration Unit 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-21 00

A fully executed original agreement will be returned to you. If you have any questions, please email or call me

Nikki Hines Community Assistance Consultant Florida Division of Emergency Management Office: 850-413-9894 Fax: 850-488-7842 [email protected] www.floridadisaster.org

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Contract Number: 1 1 -DS-9Z-03-72-01-

CFDA Number: 97.067

FEDERALLY-FUNDED SUBGRANT AGREEMENT

THlS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,

with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Taylor County,

(hereinafter referred to as the "Recipient").

THlS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:

A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to

provide the services identified herein; and

B. The Division has received these grant funds from the State of Florida, and has the authority to

subgrant these funds to the Recipient upon the terms and conditions below; and

C. The Division has statutory authority to disburse the funds under this Agreement.

THEREFORE, the Division and the Recipient agree to the following:

(1) SCOPE OF WORK.

The Recipient shall perform the work in accordance with the Budget and Scope of Work,

Attachment A of this Agreement.

(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES

The Recipient and the Division shall be governed by applicable State and Federal laws,

rules and regulations, including those identified in Attachment B.

(3) PERIOD OF AGREEMENT.

This Agreement shall begin October 1, 2010 and shall end April 30, 201 3, unless

terminated earlier in accordance with the provisions of Paragraph (1 2) of this Agreement.

(4) MODIFICATION OF CONTRACT

Either party may request modification of the provisions of this Agreement. Changes

which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to

the original of this Agreement.

(5) RECORDKEEPING

(a) As applicable, Recipient's performance under this Agreement shall be subject to the

federal OMB Circular No. A-102, Common Rule: Uniform Administrative Requirements for State and

Local Governments" or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher

Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost

Principles for State and I-ocal Governments," OMB Circular No. A-21, "Cost Principles for Educational

Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement

1

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is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be

subject to Federal Acquisition Regulations 31.2 and 931.2.

(b) The Recipient shall retain sufficient records to show its compliance with the terms of

this Agreement, and the compliance of all subcontractors or consultants paid from funds under this

Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division

or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon

request. The Recipient shall ensure that audit working papers are available to them upon request for a

period of five years from the date the audit report is issued, unless extended in writing by the Division.

The five year period may be extended for the following exceptions:

1. If any litigation, claim or audit is started before the five year period expires,

and extends beyond the five year period, the records shall be retained until all litigation, claims or audit

findings involving the records have been resolved.

2. Records for the disposition of non-expendable personal property valued at

$5,000 or more at the time it is acquired shall be retained for five years after final disposition.

3. Records relating to real property acquired shall be retained for five years after

the closing on the transfer of title.

(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or

consultants to be paid from funds provided under this Agreement, including documentation of all program

costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget

and Scope of Work - Attachment A - and all other applicable laws and regulations.

(d) The Recipient, its employees or agents, including all subcontractors or consultants to

be paid from funds provided under this Agreement, shall allow access to its records at reasonable times

to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business

hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be

limited to, auditors retained by the Division.

(6) AUDIT REQUIREMENTS

(a) The Recipient agrees to maintain financial procedures and support documents, in

accordance with generally accepted accounting principles, to account for the receipt and expenditure of

funds under this Agreement.

(b) These records shall be available at reasonable times for inspection, review, or audit

by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall

ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.

(c) The Recipient shall provide the Department with the records, reports or financial

statements upon request for the purposes of auditing and monitoring the funds awarded under this

Agreement.

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(d) If the Recipient is a State or local government or a non-profit organization as defined

in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in

Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in

accordance with the provisions of OMB Circular A-I 33, as revised. EXHIBIT 1 to this Agreement shows

the Federal resources awarded through the Division by this Agreement. In determining the Federal

awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including

Federal resources received from the Division. The determination of amounts of Federal

awards expended should be in accordance with the guidelines established by OMB Circular A-133, as

revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of

OM6 Circular A-1 33, as revised, will meet the requirements of this paragraph.

In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient

shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133,

as revised.

If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit a

conducted in accordance with the provisions of OMB Circular A-1 33, as revised, is not required. In the

event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to

have an audit conducted in accordance with the provisions of OM6 Circular A-1 33, as revised, the cost of

the audit must be paid from non-Federal funds.

(e) Send copies of reporting packages for audits conducted in accordance with OMB

Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d),

OMB Circular A-1 33, as revised, by or on behalf of the Recipient to:

The Division at each of the following addresses:

Department of Community Affairs Office of Audit Services

2555 Shumard Oak Boulevard Tallahassee, Florida 3239921 00

[also send an electronic copy to [email protected]]

and

Division of Emergency Management Finance and Administration

2555 Shumard Oak Boulevard Tallahassee, Florida 32399-21 00

Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at

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And to any other Federal agencies and pass-through entities in accordance with Sections ,320 (e) and (f),

OMB Circular A-1 33, as revised.

(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send

a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any

management letter issued by the auditor, to the Division at the following addresses:

Department of Community Affairs Office of Audit Services

2555 Shumard Oak Boulevard Tallahassee, Florida 32399-21 00

[also send an electronic copy to [email protected]]

and

Division of Emergency Management Finance and Administration

2555 Shumard Oak Boulevard Tallahassee, Florida 32399-21 00

(g) By the date due, send any reports, management letter, or other information required

to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-I 33,

Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit

organizations), Rules of the Auditor General, as applicable.

(h) Recipients should state the date that the reporting package was delivered to the

Recipient when submitting financial reporting packages to the Division for audits done in accordance with

OMB Circular A-I 33 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit

organizations), Rules of the Auditor General,

(i) If the audit shows that all or any portion of the funds disbursed were not spent in

accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to

the Division of all funds not spent in accordance with these applicable regulations and Agreement

provisions within thirty days after the Division has notified the Recipient of such non-compliance.

(j) The Recipient shall have all audits completed by an independent certified public

accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473,

Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The

audit must be received by the Division no later than nine months from the end of the Recipient's fiscal

year.

(7) REPORTS

(a) The Recipient shall provide the Division with quarterly reports and a close-out report.

These reports shall include the current status and progress by the Recipient and all subrecipients and

subcontractors in completing the work described in the Scope of Work and the expenditure of funds under

this Agreement, in addition to any other information requested by the Division.

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(b) Quarterly reports are due to the Division no later than 30 days after the end of each

quarter of the program year and shall be sent each quarter until submission of the administrative close-

out report. The ending dates for each quarter of the program year are March 31, June 30, September 30

and December 31.

(c) The close-out report is due 60 days after termination of this Agreement or 60 days

after completion of the activities contained in this Agreement, whichever first occurs.

(d) If all required reports and copies are not sent to the Division or are not completed in a

manner acceptable to the Division, the Division may withhold further payments until they are completed or

may take other action as stated in Paragraph (1 1) REMEDIES. "Acceptable to the Division" means that

the work product was completed in accordance with the Budget and Scope of Work.

(e) The Recipient shall provide additional program updates or information that may be

required by the Division.

(f) The Recipient shall provide additional reports and information identified in Attachment

E.

(8) MONITORING.

The Recipient shall monitor its performance under this Agreement, as well as that of its

subcontractors andlor consultants who are paid from funds provided under this Agreement, to ensure that

time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished

within the specified time periods, and other performance goals are being achieved. A review shall be

done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.

In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring

procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, andlor

other procedures. The Recipient agrees to comply and cooperate with any monitoring

procedureslprocesses deemed appropriate by the Division. In the event that the Division or the

Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to

comply with any additional instructions provided by the Division or the Department to the Recipient

regarding such audit. The Recipient further agrees to comply and cooperate with any inspections,

reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor

General. In addition, the Division will monitor the performance and financial management by the

Recipient throughout the contract term to ensure timely completion of all tasks.

(9) LIABILITY

(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat the Recipient is solely responsible to parties it deals with in carrying out the terms of this I

Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties

arising from the work performance under this Agreement. For purposes of this Agreement, Recipient

agrees that it is not an employee or agent of the Division, but is an independent contractor.

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(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,

Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in

claims or suits against the Division, and agrees to be liable for any damages proximately caused by the

acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve

as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein

shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third

parties in any matter arising out of any contract.

(1 0) DEFAULT.

If any of the following events occur ("Events of Default"), all obligations on the part of the

Division to make further payment of funds shall, if the Division elects, terminate and the Division has the

option to exercise any of its remedies set forth in Paragraph (1 1). However, the Division may make

payments or partial payments after any Events of Default without waiving the right to exercise such

remedies, and without becoming liable to make any further payment:

(a) If any warranty or representation made by the Recipient in this Agreement or any

previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient

fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous

agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its

obligations under this Agreement;

(b) If material adverse changes occur in the financial condition of the Recipient at any

time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty

days from the date written notice is sent by the Division.

(c) If any reports required by this Agreement have not been submitted to the Division or

have been submitted with incorrect, incomplete or insufficient information;

(d) If the Recipient has failed to perform and complete on time any of its obligations

under this Agreement.

(1 1) REMEDIES.

If an Event of Default occurs, then the Division may, after thirty calendar days written

notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one

or more of the following remedies, either concurrently or consecutively:

(a) Terminate this Agreement, provided that the Recipient is given at least thirty days

prior written notice of the termination. The notice shall be effective when placed in the United States, first

class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in

paragraph ( I 3) herein;

(b) Begin an appropriate legal or equitable action to enforce performance of this

Agreement;

(c) Withhold or suspend payment of all or any part of a request for payment;

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(d) Require that the Recipient refund to the Division any monies used for ineligible

purposes under the laws, rules and regulations governing the use of these funds.

(e) Exercise any corrective or remedial actions, to include but not be limited to:

1. request additional information from the Recipient to determine the reasons for

or the extent of non-compliance or lack of performance,

2. issue a written warning to advise that more serious measures may be taken if

the situation is not corrected,

3. advise the Recipient to suspend, discontinue or refrain from incurring costs for

any activities in question or

4. require the Recipient to reimburse the Division for the amount of costs incurred

for any items determined to be ineligible;

(f) Exercise any other rights or remedies which may be available under

law.

(g) Pursuing any of the above remedies will not stop the Division from pursuing any other

remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in

this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive

any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the

Division for any other default by the Recipient.

(12) TERMINATION.

(a) The Division may terminate this Agreement for cause after thirty days written notice.

Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,

failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,

letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.

(b) The Division may terminate this Agreement for convenience or when it determines, in

its sole discretion, that continuing the Agreement would not produce beneficial results in line with the

further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.

(c) The parties may agree to terminate this Agreement for their mutual convenience

through a written amendment of this Agreement. The amendment will state the effective date of the

termination and the procedures for proper closeout of the Agreement.

(d) In the event that this Agreement is terminated, the Recipient will not incur new

obligations for the terminated portion of the Agreement after the Recipient has received the notification of

termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after

receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the

Division because of any breach of Agreement by the Recipient. The Division may, to the extent

authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of

damages due the Division from the Recipient is determined.

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(1 3) NOTICE AND CONTACT.

(a) All notices provided under or pursuant to this Agreement shall be in writing, either by

hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at

the address below, and this notification attached to the original of this Agreement.

(b) The name and address of the Division contract manager for this Agreement is:

Nikki Hines 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-21 00 Telephone: 850-41 3-9894 Fax: 850-488-7842 Email: [email protected]

(c) The name and address of the Representative of the Recipient responsible for the

administration of this Agreement is:

Telephone: Fax : Email:

(d) In the event that different representatives or addresses are designated by either party

after execution of this Agreement, notice of the name, title and address of the new representative

will be provided as outlined in (1 3)(a) above.

(14) SUBCONTRACTS

If the Recipient subcontracts any of the work required under this Agreement, a copy of the

unsigned subcontract must be forwarded to the Division for review and approval before it is executed by

the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by

the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and

regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of

whatever nature arising out of the subcontractor's performance of work under this Agreement, to the

extent allowed and required by law. The Recipient shall document in the quarterly report the

subcontractor's progress in performing its work under this Agreement.

For each subcontract, the Recipient shall provide a written statement to the Division as to

whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.

(1 5) TERMS AND CONDITIONS

This Agreement contains all the terms and conditions agreed upon by the parties.

(1 6) ATTACHMENTS

(a) All attachments to this Agreement are incorporated as if set out fully.

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(b) In the event of any inconsistencies or conflict between the language of this

Agreement and the attachments, the language of the attachments shall control, but only to the extent of

the conflict or inconsistency.

(c) This Agreement has the following attachments:

Exhibit 1 - Funding Sources

Attachment A - Budget and Scope of Work

Attachment B - Program Statutes, Regulations and Special Conditions

Attachment C - Justification of Advance

Attachment D - Reimbursement Check List

Attachment E- Warranties and Representations

Attachment F - Certification Regarding Debarment

Attachment G -Statement of Assurances

(1 7) FUNDINGICONSIDERATION

(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for

costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $49,798,

subject to the availability of funds. Attachment D specifies the required documentation needed when

submitting reimbursement under this agreement.

(b) Any advance payment under this Agreement is subject ta Section 216.181 (16),

Fla.Stat., and is contingent upon the approval of the Division and the Recipient's acceptance of the rights

of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced shall

not exceed the expected cash needs of the Recipient within the initial three months of the contract term.

For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-

11 0, A-122 and the Cash Management Improvement Act of 1990. In accordance with applicable OMB

Circulars, interest earned must be remitted to the Division either annually or quarterly based on the year

of the grant award. If an advance payment is requested, the budget data on which the request is based

and a justification statement shall be included in this Agreement as Attachment C. Attachment C will

specify the amount of advance payment needed and provide an explanation of the necessity for the

advance payment. In addition to Attachment C, Recipients must also submit invoices, purchase orders,

timesheets and other substantiating documentation for the advance payment to be considered.

(c) After the initial advance, if any, payment shall be made on a reimbursement basis as

needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,

Attachment A of this Agreement.

If the necessary funds are not available to fund this Agreement as a result of action by the United

States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or

under subparagraph (1 9)(h) of this Agreement, all obligations on the part of the Division to make any

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further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty

days of receiving notice from the Division.

(1 8) REPAYMENTS

All refunds or repayments due to the Division under this Agreement are to be made payable to

the order of "Department of Community Affairs", and mailed directly to the following address:

Department of Community Affairs Cashier

Fiscal Management 2555 Shumard Oak Boulevard Tallahassee FL 32399-21 00

In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for

collection, Recipient shall pay the Division a service fee of $1 5.00 or 5% of the face amount of the

returned check or draft, whichever is greater.

(1 9) MANDATED CONDITIONS

(a) The validity of this Agreement is subject to the truth and accuracy of all the

information, representations, and materials submitted or provided by the Recipient in this Agreement, in

any later submission or response to a Division request, or in any submission or response to fulfill the

requirements of this Agreement. All of said information, representations, and materials is incorporated by

reference. Additional special conditions are listed on Attachment B. The inaccuracy of the submissions

or any material changes shall, at the option of the Division and with thirty days written notice to the

Recipient, cause the termination of this Agreement and the release of the Division from all its obligations

to the Recipient.

(b) This Agreement shall be construed under the laws of the State of Florida, and venue

for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision

of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision

shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other

provision of this Agreement.

(c) Any power of approval or disapproval granted to the Division under the terms of this

Agreement shall survive the term of this Agreement.

(d) This Agreement may be executed in any number of counterparts, any one of which

may be taken as an original.

(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public

Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private

entities on the basis of disability in employment, public accommodations, transportation, State and local

government services, and telecommunications.

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(f) Those who have been placed on the convicted vendor list following a conviction

for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide

any goods or services to a public entity, may not submit a bid on a contract with a public entity for the

construction or repair of a public building or public work, may not submit bids on leases of real property to

a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or

consultant under a contract with a public entity, and may not transact business with any public entity in

excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list

or on the discriminatory vendor list.

(g) Any Recipient which is not a local government or state agency, and which

receives funds under this Agreement from the federal government, certifies, to the best of its knowledge

and belief, that it and its principals:

1. are not presently debarred, suspended, proposed for debarment, declared

ineligible, or voluntarily excluded from covered transactions by a federal department or agency;

2. have not, within a five-year period preceding this proposal been convicted of

or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,

attempting to obtain, or performing a public (federal, state or local) transaction or contract under public

transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,

bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. are not presently indicted or otherwise criminally or civilly charged by a

governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph

19(g)2. of this certification; and

4. have not within a five-year period preceding this Agreement had one or more

public transactions (federal, state or local) terminated for cause or default.

If the Recipient is unable to certify to any of the statements in this certification, then the Recipient

shall attach an explanation to this Agreement.

In addition, the Recipient shall send to the Division (by email or by facsimile transmission)

the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary

Exclusion" (Attachment F) for each intended subcontractor which Recipient plans to fund under

this Agreement. The form must be received by the Division before the Recipient enters into a

contract with any subcontractor.

(h) The State of Florida's performance and obligation to pay under this Agreement is

contingent upon an annual appropriation by the Legislature, and subject to any modification in

accordance with Chapter 216, Fla. Stat. or the Florida Constitution.

(i) All bills for fees or other compensation for services or expenses shall be submitted in

detail sufficient for a proper preaudit and postaudit thereof.

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(j) Any bills for travel expenses shall be submitted in accordance with Section 112.061,

Fla. Stat. The provisions of any special or local law, present or future, shall prevail over any conflicting

provisions in this section, but only to the extent of the conflict.

(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient

refuses to allow public access to all documents, papers, letters or other material subject to the provisions

of Chapter 11 9, Fla. Stat., which the Recipient created or received under this Agreement.

(I) If the Recipient is allowed to temporarily invest any advances of funds under this

Agreement, any interest income shall either be returned to the Division or be applied against the

Division's obligation to pay the contract amount.

(m) The State of Florida will not intentionally award publicly-funded contracts to any

contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment

provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act

("INA)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation

of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in

Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.

(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section

286.01 1, Fla. Stat. ) with respect'to the meetings of the Recipient's governing board or the meetings of

any subcommittee making recommendations to the governing board. All of these meetings shall be

publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available

to the public in accordance with Chapter 11 9, Fla. Stat.

(0) All unmanufactured and manufactured articles, materials and supplies which are

acquired for publ~c use under this Agreement must have been produced in the United States as required

under 41 U.S.C. IOa, unless it would not be in the public interest or unreasonable in cost.

(20) LOBBYING PROHIBITION

(a) No funds or other resources received from the Division under this Agreement may be used

directly or indirectly to influence legislation or any other official action by the Florida Legislature or any

state agency.

(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or

her knowledge and belief:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf

of the Recipient, to any person for influencing or attempting to influence an officer or employee of any

agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the

making of any Federal loan, the entering into of any cooperative agreement, and the extension,

continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative

agreement.

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2. If any funds other than Federal appropriated funds have been paid or will be

paid to any person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in

connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete

and submit Standard Form-LLL, "Disclosure Form to Report Lobbying."

3. The Recipient shall require that this certification be included in the award

documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and

cooperative agreements) and that all subrecipients shall certify and disclose.

This certification is a material representation of fact upon which reliance was placed

when this transaction was made or entered into. Submission of this certification is a prerequisite for

making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who

fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not

more than $1 00,000 for each such failure.

(21) COPYRIGHT, PATENT AND TRADEMARK

ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WlTH THE

PERFORMANCE OF THlS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.

ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WlTH THE PERFORMANCE

OF THlS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF

FLORIDA.

(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all

rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.

(b) If any discovery or invention is developed in the course of or as a result of work or

services performed under this Agreement, or in any way connected with it, the Recipient shall refer the

discovery or invention to the Division for a determination whether the State of Florida will seek patent

protection in its name. Any patent rights accruing under or in connection with the performance of this

Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable

material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in

connection with the performance under this Agreement are transferred by the Recipient to the State of

Florida.

(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all

intellectual properties relating to the performance of this Agreement which he or she knows or should

know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any

pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property

exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which

accrue during performance of the Agreement.

(22) LEGAL AUTHORIZATION.

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The Recipient certifies that it has the legal authority to receive the funds under this

Agreement and that its governing body has authorized the execution and acceptance of this Agreement.

The Recipient also certifies that the undersigned person has the authority to legally execute and bind

Recipient to the terms of this Agreement.

(23) ASSURANCES.

The Recipient shall comply with any Statement of Assurances incorporated as

Attachment G.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

RECIPIENT:

By:

Name and title:

Date:

FID#

STATE OF FLORIDA

DIVISION OF EMERGENCY MANAGEMENT

By:

Name and Title:

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EXHIBIT - I

THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THlS

AGREEMENT:

NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the

same information shown below for each Federal program and show total Federal resources awarded.

Federal Program

Federal agency: Homeland Security

Catalog of Federal Domestic Assistance title and number: 97.067

Award amount: $49,798.00

THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES

AWARDED UNDER THlS AGREEMENT:

NOTE: If the resources awarded to the Recipient represent more than one Federal program, list

applicable compliance requirements for each Federal program in the same manner as shown below.

Federal Program:

List applicable compliance requirements as follows:

1. Recipient is to use funding to perform the following eligible activities as identified in the United States Department of Homeland Security, Federal Emergency Management Agency, National Preparedness Directorate Fiscal Year 2009-10 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy.

2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement.

NOTE: Section .400(d) of OMB Circular A-I 33, as revised, and Section 21 5.97(5)(a), Florida Statutes,

require that the information about Federal Programs and State Projects included in Exhibit 1 be provided

to the Recipient.

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Attachment A

Budget and Scope of Work

SCOPE OF WORK MUST BE APPROVED BY LEGAL PRIOR TO SENDING EACH AGREEMENT

TO THE RECIPIENT

Proposed Program Budget

-4 Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below.

;C The equipment category will require a "Detailed Budget Worksheet" including the proposed equipment to be purchased and the corresponding Authorized Equipment List (AEL) reference number. The AEL can be found at www.rkb.us.

4 The transfer of hnds between the categories listed in the "Proposed ProgramBudget" is permitted However, the transfer of funds between Issues is strictly prohibited.

4 However, at the discretion of the Recipient, hnds allocated to Management and Administration costs (as described in the"Proposed Program Budget"] may be put towards Programmatic costs instead. However, no more than 3% of each Recipients' total award may be expended on Management and Administration costs.

FY 201 0 - State Homeland Security Grant Program - Issue 10

Taylor County Issue 10 - Post Disaster Redevelopment Plan $34,798.00

Issue 10 - Exercise Prograln (Functional) $15,000.00 I

Management and Administration (the dollar amount which corresponds to 3% of the total local agency allocation is shown in the column on the right).

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Budget Detail Worksheet

The ~ec i~ ien t ' i s required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as described in the "Proposed Program Budget".

If any changes need to be made to the "Budget Detail Worksheet", after the execution ofthis agreement, contact the grant manager listed in this agreement via email or letter.

Developing or conducting assessments

Overtime and backfill costs (in accordance with operational Cost Guidance)

Design, Develop, Conduct and Evaluate an Exercise

Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, ~naterials and supplies, travel and exercise plan development.

Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise-related activities. Payment of salaries and kinge benefits mwt be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBFWE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed.

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Overtime and backfill costs - Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in FEMA exercises

Implementation of HSEEP I Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to http://www.ojp.usdoi.oov/FinGuide.

Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise projecqs) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment).

Other Items -These costs include the rental of spaceAocations planning and conduct, exercise signs, badges, etc.

Hiring of full-time or part-time staff or contractors/consultants: Q To assist with the management of the respective grant program J To assist with application requirements of the grant program d To assist with the compliancy with reporting and data collection as

it may relate to the grant program

Development of operating plans for information collection and processing necessary to respond to DHSIODP data calls.

Overtime and backfill costs - Overtime expenses are defmed as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA - approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA - approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full -Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies ofthe state or uniys) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of aunit ofgovemment may not receive compensation ffom their unit or agency of goverrunent AND ffom an award for a single period of time (e.g., l:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.

Travel exvenses

Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at http://www.ojp.usdo.i .gov/FinGuide).

Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy.

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6. Scope of Work

Funding is provided to perform eligible activities a s identified in the Domestic Homeland Security -Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2010 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below:

I. Issue and Project Description

Issue 10 - Local Planning, Training, and Exercises: The project provides domestic security-relatedall-hazards and all-discipline funding support to Florida's 67 counties for planning, training and exercise projects. Each county chose an existing gap from a list of specific plans, NIMS-compliant training or exercises.

11. Categories and Eligible Activities

FY2010 allowable costs are divided into the following categories: planning, exercises, management and administration cost are allowable cost. Each category's allowable costs have been listed in the"Budget Detail Worksheet" above.

A. Planning

Developing hazardlthreat-specific annexes that incorporate the range of prevention, protection, response, and recovery activities.

DeveIoping and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following:

Implementing the National Preparedness Guidelines Pre-event recovery planning Implementing the National Infrarshucture Protection Plan and associated Sector Specific Plans Enhancing and implementing Statewide Communication Interoperability Plans (SCIP) andTactical Interoperable Communications Plans (TICP) that align with the goals, objectives, and initiatives of the National Emergency Communications Plan (NECP) Costs associated with the adoption, implementation, and adherence to NIMS co~npliance requirements, including implementing the NIMS National Credentialing Framework Modifying existing incident management and EOPs to ensure proper alignment with the NRF coordinating skuctures, processes, and protocols Establishing or enhancing mutual aid agreements Developing communications and interoperability protocols and solutions Conducting local, regional, and tribal program implementation meetings Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIMS Integration Center (NIC) Designing State and local geospatial data systems Conducting public education and outreach campaigns, including promoting individual, family, and business emergency preparedness; alerts and warnings education; and evacuation plans as well as CBRNE prevention awareness Preparing materials for State Preparedness Reports (SPRs) WHTl implementation activities including the issuance of WHTI-compliant tribal identification cards

Developing related terrorism prevention activities including:

Developing law enforcement prevention activities, to include establishing andor enhancing a fusion center Hiring an IT specialist to plan, develop, and implement the IT applications necessary for a hsion center Developing and planning for informatiodintelligence sharing groups Hiring contractors and consultants to make recommendations on the development of capabilities at State and Major Urban Area fusion centers; such centers should be designed in support of the analytic and other baseline capabilities as outlined in the Global Justice Information Sharing Initiative's (Global) Baseline Capabilities for State and Major Urban Area Fusion Centers Integrating and coordinating public health care, public safety, and health security data-gathering (threats to human and animal health) within State and Major Urban Area fusion centers to achieve early warning and mitigation of health events Integrating and coordinating private sector participation with fusion center activities Acquiring systems allowing connectivity to State, local, tribal, tenitorial, and Federal data networks, such as the National Crime Information Center (NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate Planning to enhance security during heightened alerts, terrorist incidents, andor during mitigation and recovery Multi-discipline preparation across first responder community, including EMS for response to catastrophic events and acts of terrorism Accessible public informatiodeducation: printed and electronic materials, public sewice announcements, seminarsltown hall meetings, and web postings coordinated through local Citizen Corps Councils

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Citizen Corps volunteer programs and other activities to strengthen citizen participation Conducting public education campaigns including promoting individual, family, and business emergency preparedness; promoting the Ready campaign; andor creating State, regional, or local emergency preparedness efforts that build upon the Ready campaign Evaluating Critical Infiastructure Protection (CIP) security equipment andor persome1 requirements to protect and secure sites C P cost assessments, including resources (e.g., fmancial, personnel) required for security enhancementsldeployments Multi-Jurisdiction Bombing Prevention Plans (MJBPP) Underwater Terrorist Protection Plans

Developing and enhancing plans and protocols, including but not limited to:

Developing or enhancing EOPs and operating procedures Developing or enhancing local, regional, or Statewide strategic or tactical interoperable emergency communications plans Activities associated with a conversion h m wideband to narrowband voice channels Implementing Statewide Communications Interoperability Plan (SCIP) and Tactical Interoperable Coinmunications Plans (TICPs) that align with the goals, objectives, and initiatives of the National Emergency Communications Plan (NECP) Developing protocols or standard operating procedures for specialized teams to incorporate the use of equipment acquired through this grant program Developing terrorism preventionlprotection plans Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies Developing plans for mass evacuation and pre-positioning equipment Developing or enhancing border security plans Developing or enhancing cyber security plans Developing or enhancing secondary health screening protocols at major points of entry (e.g, air, rail, port) Developing or enhancing cyber risk mitigation plans Developing or enhancing agriculturdfood security risk mitigation, response, and recovery plans Developing publiclprivate sector partnership emergency response, assessment, and resource sharing plans Developing or enhancing plans to engage and interface with, and to increase the capacity of, private sectorlnon- governmental entities working to meet the human service response and recovery needs of victims Developing or updating local or regional communications plans Developing plans to support and assist jurisdictions, such as port authorities and rail and mass transit agencies Developing or enhancing continuity of operations and continuity of government plans Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRF Developing plans and response procedures for validating and responding to an alarm kom a chemical or biological detector (response procedures should include emergency response procedures integrating local fust responders) Developing or enhancing evacuation plans Developing mechanisms for utilizing the National Emergency Family Registry and Locator System (NEFRLS) Developing or enhancing plans to prepare for surge capacity of volunteers Developing or enhancing the State emergency medical services systems Developing or enhancing plans for donations and volunteer management and the engagemenvintegration of private sectorlnon-governmental entities in preparedness, response, and recovery activities Develop~ng or enhancing Bombing Prevention Plans Developing school preparedness plans Developing preparedness plans for child congregate care facilities, including group res~dential facilities, juvenile detention facilities, and publiclpnvate child care facilities Ensuring jurisdiction EOPs adequately address warnings, emergency public information, evacuation, sheltering, mass care, resource management from non-governmental sources, unaffiliated volunteer and donations management, and volunteer resource integration to support each Emergency Support Function, to include appropriate considerations for special needs populations Developing and implementing civil rights, civil liberties, and privacy policies, procedures, and protocols Designing and developing State, local, tribal, and territorial geospatial data systems Developing and implementing statewide electronic patient care reporting systems compliant with the National Emergency Medical Services Information System (NEMSIS)

Developing o r conducting assessments, including but not limited to:

Developing pre-event recovery plans Conducting point vulnerability assessments at critical inkastructure siteskey assets and develop remediatiodsecurity plans Conducting or updating interoperable emergency communications capabilities assessments at the local, regional, or Statewide level Developing border security operations plans in coordination with CBP Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, and coastal areas Updating and refining threat matrices

22

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Conducting cyber risk and vulnerability assessments Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and State resources Conducting Bombing Prevention Capability Analysis Activities that directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines (e.g., law enforcement, fire, EMS, public health, behavioral health, public works, agriculture, information technology, and citizen preparedness) Activities that directly support the identification of pre-designated temporary housing sites Conducting community assessments, surveys, and research of vulnerabilities and resource needs, and determine citizen education and participation to meet the needs Conducting Citizen Corps program assessments and evaluations, citizen preparedness surveys, volunteer impact studies, and costlbenefit analysis Soft target security planning (e.g., public gatherings) Participating in the FEMA Gap Analysis Program

B. Exercises Allowable exercise-related costs include:

Funds Used to Design, Develop, Conduct, and Evaluate an Exercise - Includes costs related to planning, meeting space and other meeting costs, hcilitation costs, materials and supplies, travel, and documentation. Grantees are encouraged to use government facilities to conduct meetings and conferences whenever possible.

= Hiring of Full or Part-Time Staff o r Contractors/Consultants - Full or parttime staff may be hired to support exercise-related activities. Such costs must be included within the hnding allowed for program management personnel expenses, which must not exceed 15 percent of the total allocation. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) - whichever is more stringent - must be followed. In no case is dual compensation allowable.

Overtime and Backfdl -The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development, and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation kom their unit or agency of government AND &om an award for a single period oftime (e.g., 1 :00 p.m. to 5:00 p.m.), even though such work may benefit both activities.

8 Travel -Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of exercise project(s) or MSEEP programmatic requirements as described in the HSEEP website (e.g., Improvement Plan Workshops, Training and Exercise Plan).

Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise projecys) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment).

8 Other Items -These costs include the rental of equipment (e.g., portable toilets, tents), food, gasoline, exercise signs, badges, etc.

Unauthorized exercise-related costs include: IL Reimbursement for the maintenance andfor wear and tear costs of general use vehicles (e.g., construction

vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). L Equipment that is purchased for permanent installation andlor use, beyond the scope of exercise conduct (e.g.,

electronic messaging signs).

Exercise Requirements

Exercises conducted with FEMA support must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Guidance for exercise design, development, conduct, evaluation, and improvement planning is located at hllps://Plseep.dhs.gov. The HSEEP Library provides sample exercise materials and templates.

All exercises using HSGP hnding must be NIMS compliant. More information is available online at the NlMS Integration Center, http:/ /~c~~t~fmicz.g(~ i~/emergen~~v/~~in~~/inde~.~Ittm,

Where applicable, the Training and Exercise Plans should include training and exercises that support specialized programs, such as the Regional Catastrophic Preparedness Grant Program.

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States are encouraged to exercise their capabilities with regard to infants and children across all aspects of response and recovery, including pediatric medical surge capabilities and integrating the accessibility and functional needs of children and adults with disabilities.

Exercise Scenarios. The scenarios used in HSGP-funded exercises must be based on the Statelurban Area's Homeland Security Strategy and plans. Acceptable scenarios for SHSP, UASI, MMRS, and CCP exercises include: chemical, biological, radiological, nuclear, explosive, cyber, agricultural and natural or technological disasters. Exercise scenarios must be catastrophic in scope and size as defined by the Nalional Response Framework.

The scenarios used in HSGP-funded exercises must focus on validating existing capabilities and must be large enough in scope and size to exercise multiple tasks and wanant involvement from multiple jurisdictions and disciplines and nongovenunental organizations. Exercise scenarios should also be based on the Multiyear Training and Exercise Plan

Special Event Planning. If a State or Urban Area will be hosting a special event (e.g., Super Bowl, G-8 Summit) they are approved to participate in a Tier 1 or Tier I1 exercise as approved by theNationa1 Exercise Program (NEP) Executive Steering Committee per the NEP Implementation Plan. They should plan to use SHSP or UASI funding to finance training and exercise activities in preparation for those events. States and Urban Areas should also consider exercises at major venues (e.g., arenas, convention centers) that focus on evacuations, communications, and command and control. States should also anticipate participating in at least one Regional Exercise annually. States must include all confmed or planned special events in the Multi-year Training and Exercise Plan.

Exercise EvaIuation. All exercises will be capabilities and performance-based and evaluated using Exercise Evaluation Guides (EEGs) found on the HSEEP website at https://hseep.dhs.gav. An After-Action Reportflmprovement Plan (AARIIP) will be prepared and submitted to the FEMA Grants and Preparedness Community of Interest (COl) on the IIomeland Security Information Network (HSIN) within 90 days following completion of the exercise, regardless of type or scope. AAR/IPs must conform to the HSEEP format, should capture objective data pertaining to exercise conduct, and must be developed based on information gathered through EEGs found in HSEEP. All applicants are encouraged to use the Lessons Learned Information Sharing System as a source for lessons learned and to exchange best practices.

Role of Non-Governmental Entities in Exercises. Non-governmental participation in all levels of exercises is strongly encouraged. Leaders h m nongovernmental entities should be included in the planning, conduct, and evaluation of an exercise. State, local, tribal, and territorial jurisdictions are encouraged to develop exercises that test the integration and use of non-governmental resources provided by non-governmental entities, defined as the private sector and private non-profit, faith-based, community, volunteer, and other non-govemnental organizations. Non-governmental participation in exercises should be coordinated with the local Citizen Corps Council(s) and other partner agencies.

Unauthorized Exercise Costs Unauthorized exercise-related costs include:

Reimbursement for the maintenance andlor wear and tear costs of general use vehicles (e.g., construction vehicles) and elnergency response apparatus (e.g., fire trucks, ambulances). Equipment that is purchased for permanent installation andlor use, beyond the swpe of exercise conduct (e.g., electronic messaging signs).

Management and Administration - no more than 3% of each sub-recipient's total award ]nay be expended on Management and Administration costs.

Hiring of full-time o r part-time staff o r contractorslconsultants: T o assist with the management of the respective grant program T o assist with application requirements T o assist with the compliancy with reporting and data collection requirements

Development of operat ing p lans for information collection a n d processing n e c e s s a r y t o respond to FEMA d a t a ca l l s

Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA -approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses fioin the result of personnel who are working overtime in order to perfonn the duties of other personnel who are temporarily assigned to FEMA - approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full -Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no,case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation fiom their unit or agency of government AND fioin an award for a single period of time (e.g., 1 :00 pm to 5:00 pm), even

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though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation.

Travel expenses

Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at http://www.oi~.u~doi.aov/FinGuide).

Acquisition of authorized office equipment, including: Personal computers Laptop computers Printers LCD projectors, and Other equipment or software which may be required to support the implementation of the homeland security strategy

The following are allowable only within the period of performance of the contract: Recurring feeslcharges associated with certain equipment, such as cell phones, faxes, etc. Leasing andlor renting of space for newly hjred personnel during the period of performance of the grant program

D. Unauthorized Expenditures Activities unrelated to the completion and implementation of the grant program Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill. Funds cannot not replace (supplant) funds that have been appropriated for the same purpose.

E. Construction and Renovation Use of HSGP funds for construction and renovation is generally prohibited except as outlined below. Such construction and renovation shall be strictly limited and allowable only when it is a necessary component of a security system at critical in6astructure facilities.

Project construction and renovation not exceeding S 1,000,000 is allowable, as deemed necessary. The following types of projects are considered to constitute construction or renovation, and must be submitted to FEMA for compliance review under Federal environmental planning and historic preservation (EHP) laws and requirements prior to initiation of the project:

Conshuction and renovation of guard facilities Renovation of and modifications, including the installation of security and communication equipment, to buildings and structures that are 50 years old or older Any other construction or renovation efforts that change or expand the footprint of a facility or structure, including security enhancements to improve perimeter security. Physical security enhancements, including but not limited to: o Lighting o Fencing o Closedcircuit television (CCTV) systems o Motion detection systems o Barriers, doors, gates and related security enhancements

In addition, the erection of communications towers that are included in a jurisdiction S interoperable communications plan ir allowed, subject to all applicable laws, regulations, and licensingprovisions. Communication lowerprojectr must be submitled lo F E W for EHPreview. Per the Consolidated Security, Disaster Assistance, and Conlinuing Approprialions Act of 2009 (Public Law 1 10-329), communications towers are not subject to the$1,000,000 conshuclion and renovalion cap.

Approval Process: In order for grantees to drawdown funds for construction and renovation costs, the grantee must provide the Division with:

A description of the asset or facility, asset location, whether the infiast~cture is publicly or privately owned, and the construction or renovation project; Certification that a facility vulnerability assessment has been conducted An outline addressing how the construction or renovation project will address the identified vulnerabilities from the assessment Consequences of not implementing the construction or renovation project

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Any additional information requested by FEMA to ensure compliance with Federal environmental and historic preservation requirements

Additional information may also be found on the FEMA's website located at ht tp: / /%~r?v. fema.~o~~/pian/eI~p~

Note: Written approval must be provided by FEMAprior to the use of any funds for construction or renovation.

Overtime and Backfill Guidance

Overtime - These expenses are limited to the additional costs which result from persome1 working over and above 40 hours of weekly work time as a direct result of their performance of FEMA-approved activities specified in this guidance. Overtime associated with any other activity is not eligible.

Backfill-related Overtime - Also called "Overtime as Backfill," these expenses are limited to overtime costs which result from personnel who are working overtime (as identified above) to perform the duties of other personnel who are temporarily assigned to FEMA-approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of FTE employees.

National Incident Management S y s t e m (NIMS) Compliance HSPD-5, "Management of Domestic Incidents," mandated the creation of NIMS and theNational Response Plan (NRP). NIMS provides a consistent framework for entities at all jurisdictional levels to work together to manage domestic incidents, regardless of cause, size, or complexity. To promote interoperability and compatibility among Federal, State, local, and tribal capabilities, NIMS includes a core set of guidelines, standards, and protocols for command and management, preparedness, resource management, communications and information management, supporting technologies, and management and maintenance of NIMS. The NRP, using the template established by NIMS, is an all- discipline, all-hazards plan that provides the structure and mechanisms to coordinate operations for evolving or potential Incidents of National Significance, which are major events that "require a coordinated and effective response by an appropriate combination o f Federal, State, local, tribal, private sector, and nongovernmental entities." The NlMS Integration Center (NIC) recommends 38 NlMS Compliance Objectives for nongovernmental organizations that support NIMS implementation. These activities closely parallel the implementation activities that have been required of State, territorial, tribal. and local governments since 2004 and can be found at www.fema.zov/pdf/emer~ency/nims!ngo f i . d f . To integrate nonprofit organizations into the broader national preparedness effort, DHS encourages grantees to consider pursuing these recouunended activities. ~ d d i t i o n a l l ~ , nongovernmental organizations grantees and~ub-~rantees will be required to meet certain NIMS compliance requirements. This includes all emergency preparedness, response, and/or security personnel in the organization participating in the development, implementation, and/or operation of resources and/or activities awarded through this grant -complete training programs consistent with the NIMS National Standard Curriculum Deveiopment Guide. Minimum training includes IS-700 NIMS: An Introduction. In addition, IS-800.a NRP: An Introduction, Incident Command System (ICS-loo), Incident Command System (ICS-200), Intermediate Incident Command System (G-300), and Advanced Incident Command System (G-400) are also recommended For additional guidance on NIMS training, please refer to http://www.fema.gov/emergency/nims/nims traininp.shtm. Additional information about NIMS implementation and resources for achieving compliance are available through the NIMS Integration Center (NIC), at http://www.fema.gov/emeraency/nims/.

Ill. Report ing Requi rements

1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 30, June 30, September 30 and December 30) for the life of this contract. l f a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current.

Promammatic Reporting Schedule

Reporting Period Report due to DEM no later than

January 1 through March 3 1 April 30

April 1 through June 30

1 October 1 through December 3 1 January 3 1

I July 3 1

July 1 through September 30

2. Programmatic Reporting-BSIR Biannual Strategic Lmplementation Report: After the end of each reporting period, for the life of the contract unless directed otherwise but the SAA, the recipient will complete their Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT)

October 3 1

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https://www.re~orting.odp.dhs.pov. The reporting periods are January I-June 30 and July I -December 3 1. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent.

3. Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be included for every dollar amount listed in the "Detail of Claims" form.

4. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 calendar days after the agreement is either completed or the agreement has expired.

5. Monitoring:

Florida Division of Emergency Management US Department of Homeland Security Grants Program

Grant Monitoring Process

Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through

various funding sources including federal grant funds. The Florida Division of Emergency Management (FDEM) has a responsibility to

track and monitor the status of grant activity and items purchased to ensure compliance with applicable SHSGP grant guidance and

statutory regulations. The monitoring process is designed to assess a recipient agency's compliance with applicable state and federal

guidelines.

Monitoring is accolnplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas

reviewed during monitoring activities - fiancial and programmatic monitoring. Financial monitoring is the review of records associated

with the purchase and disposition of property, projects and contracts. Programmatic monitoring is the observation of equipment

purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during

this process.

Desk monitoring is the review of projects, fmncial activity and technical assistance between FDEM and the applicant via e-mail and

telephone. On-Site Monitoring are actual visits to the recipient agencies by a Division representative who examines records, procedures

and equipment.

Frequency of annual monitoring activity:

Each year the FDEM will conduct monitoring for up to 50% of their sub-grantees. It is important to note that although a given grant has

been closed, it is still subject to either desk or on-site inonitoring for a five year period following closure.

Areas that will be examined include:

Management and administrative procedures;

Grant folder maintenance;

Equipment accountability and sub-hand receipt procedures;

Program for obsolescence;

Status of equipment purchases;

Status of training for purchased equipment;

Status and number of response trainings conducted to include number trained;

Status and number of exercises;

Status of planning activity;

Anticipated projected completion;

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Difficulties encountered in completing projects;

Agency NIMSACS compliance documentation;

Equal Employment Opportunity (EEO Status);

Procurement Policy

FDEM may request additional monitoring/information if the activity, or lack there of, generates questions fiom the region, the

sponsoring agency or FDEM leadership. The method of gathering this information will be determined on a case-by-case basis.

Desk monitoring is an on-going process. Recipients will be required to participate in desk top monitoring on an annual basis and as

determined by the FDEM. This contact will provide an opportunity to identify the need for technical assistance (TA) andlor a site visit if

the FDEM determines that a recipient is having difficulty completing their project

As dificulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email.

Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of

the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the

FDEM for assistance. Examples ofTA include but are not limited to:

4 Equipment selection or available vendors

J Eligibility of items or services

& Coordination and partnership with other agencies within or outside the region or discipline

& Record Keeping

J Reporting Requirements

J Documentation in support of a Request for Reimbursement

On-Site Monitoring will be conducted by the FDEM or designated personnel. On-site Monitoring visits will be scheduled in advance

with the recipient agency POC designated in the grant agreement.

The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the

capability review visits. Subject matter experts fiom other agencies within the region or state may be called upon to assist in the form of

a peer review as needed.

All findings related to the capability review will be documented and maintained within the FDEM.

On-site Monitoring Protocol

On-site Monitoring Visits will begin with those grantees that are currently spending or have completedspending for that federal fiscal

year (FFY). Site visits may be combined when geographically convenient. There is a financial and programmatic on-site monitoring

checklist to assist in the completion of all required tasks.

Site Visit Preparation

A letter will be sent to the recipient agency Point of Contact (POC) outlining the date, time and purpose ofthe site visit before the

planned anival date.

The appointment should be confirmed with the gantee in writing (email is acceptable) and documented in the grantee folder.

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The physical location of any equipment located at an alternate site should be confmned with a representative &om that location and the

address should be documented in the grantee folder before the site visit.

On-Site Monitoring Visit

Once FDEM personnel have arrived at the site, an orientation conference will be conducted During this time, the purpose of the site

visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain

their objectives and will proceed to perform the financial review.

FDEM personnel will review all files and supporting docu~nentation. Once the supporting documentation has been reviewed, a

tour/visual/spot inspection of equipment will be conducted.

Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal

(information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements. The serial

number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capitol

expenditures in excess of $1,000. per item).

If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that

particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then

conduct an exit conference with the grantee to review the findings.

Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment,

questions, etc.

Post Monitoring Visit

FDEM personnel will review the on-site monitoring review worksheets and backup documentation as a team and discuss the events of

the on-site monitoring.

Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a t imehme as determined by the FDEM. Noncompliance on behalf of sub-grantees is resolved by management under the terms of the Sub grant Agreement.

The On-Site Monitoring Worksheets, the monitoring report and all back up documentation will then be included in the grantee's file.

A. Programmatic Point of Contact

B. Contractual Responsibilities

Contractual Point of Contact

Nikki Hines FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2 100 (850) 413-9894 nikki.hines~,em.mvflorida.com

The FDEM shall determine eligibility of projects and approve changes in scope of work. The FDEM shall administer the financial processes.

Programmatic Point of Contact

Tara Walters FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2 100 (850) 410-1391 [email protected]~n

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Attachment B

Program Statutes, Regulations and Special Conditions

53 Federal Register 8034 Section 1352, Title 31, US Code Chapter 473, Florida Statutes Chapter 21 5, Florida Statutes E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 1 1 593 Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 28 CFR applicable to grants and cooperative agreements Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39

Special Conditions

1. The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exdusive list of regulations commonly applicable to Department of Homeland Security grants are listed below:

A. Administrative Requirements 9 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative

Agreements to State and Local Governments

9 2 CFR Part 21 5, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OM6 Circular A-I 10)

6. Cost Principles 9 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OM6

Circular A-87)

9 2 CFR Part 220, Cost Principles for Educational Institutions (OM6 Circular A-21)

9 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OM6 Circular A-122)

k Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations

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Audit Requirements OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations

Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA.

The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2010 Homeland Security Grant Program guidance and application kit.

The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings, structures and objects that are 50 years old or older, and purchase and use of sonar equipment. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding.

The recipient is prohibited from obligation or expending Operation Stonegarden (OPSG) funds provided through this award until each unique, specific or modified county level or equivalent Operational OrderlFrag Operations Order with embedded estimated operational budget has been reviewed and approved through an official email notice issued by FEMA removing this special programmatic condition. The Operations Order approval processlstructure is as follows: Operations Orders are submitted to (1) the appropriate Customs and Border Protection (CBP) Border Patrol (BP) Sector Headquarters (HQ); upon approval by the Sector HQ, forwarded through the Border Patrol Enforcement Transfer System (BPETS) system to (2) the OPSG Coordinator, CPBIBP Washington, DC and upon approval forwarded to (3) Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD), Grant Development and Administration Division (GD&A). Notification of release of programmatic hold will be sent by FEMA via email to the State Administrative Agency (SAA) with a copy to OPSG Coordinator at CBPIBP HQ, Washington, DC.

The recipient shall submit the Federal Financial Report (FFR, SF-425) within 30 days of the end of the first Federal quarter following the initial grant award. The recipient shall submit quarterly FFRs therafter until the grant ends. Reports are due on January 30, April 30, July 30, and October 30. A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future awards and fund draw downs may be withheld if these reports are delinquent. The final FFR is due 90 days after the end date of the performance period.

In the event FEMA determines that changes are necessary to the award document after and award, including changes to the period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMNGMD Call Center at (866) 927-5646 or via email to ASK-GMD@d hs.qov if you have any questions.

A. Provisions applicable to a recipient that is a private entity.

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contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

E. "Forced Labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

1. "Private entity" means:

a. Any entity other than a State, local government, Indian Tribe, or foreign public entity, as those terms are, defined in 2 CFR 175.25. b. Includes:

1. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b). ii. A for-profit organization.

2. "Severe forms of trafficking in persons", "commercial sex act", and "coercion" have the meaning given at section 103 of the TVPA, as amended (22 U.S.C. 71 02).

10. A, "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.

B. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information.

C. Where an award recipient has been approved for and has access to classified national security information, no funding under is award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed.

D. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by State and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://www.dhs.qov/xopnbiz/qrantslindex.shtm.

E. Immediately upon determination by the award recipient that funding under this award will be used to support such contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, or the applicable Federal department or agency, for approval and processing instructions.

DHS Office of Security ISPB contract information:

Telephone: 202-447-5346

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Attachment C

JUSTIFICATION OF ADVANCE PAYMENT

RECIPIENT:

Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes and Division approval.

ADVANCE REQUEST WORKSHEET

If you are requesting an advance, complete the following worksheet

INITIAL CONTRACT ALLOCATION

FIRST THREE MONTHS CONTRACT

DESCRIPTION

EXPENDITURES' AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line I.)

Immediate contract expenditures must be supported through invoices, purchase orders, timesheets andlor other substantiating documentation and cannot exceed the expected cash needs of the recipient within the initial three months. Expenditures need only be provided for the years in which you requested an advance. If you do not have this information, call your consultant and he or she will assist you.

(A) FFY

MAXIMUM ADVANCE ALLOWED CALCULATION:

x $ - - Cell D3 DEM Award MAXIMUM

(Do not include any match) ADVANCE

(B) FFY

REQUEST FOR WAIVER OF CALCULATED MAXIMUM

[ ] Recipient has no previous DCAIDEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below.

(C) FFY

[ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above.

(Dl Total

Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional Daaes if needed. . w

ESTIMATED EXPENSES

I PROGRAM EXPENSES I I

BUDGET CATEGORY

ADMINISTRATIVE COSTS (Include Secondaw Administration.)

I TOTAL EXPENSES I I

2010-2011 Anticipated Expenditures for First Three Months of Contract - - - - . - - - - .

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Attachment D

Reimbursement Check List

Please Note: FDEM reserves the right to update this check list throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations.

Equipment [7 1. Have all invoices been included?

[7 2. Has an AEL # been identified for each purchase?

[7 3. If servicelwarranty expenses are listed, are they only for the performance period of the grant?

[7 4. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement)

[7 5. If EHP form needed - has copy of it and approval from StateIDHS been included?

Planning ConsultantslContractors (Note: this applies to contractors also billed under Oruanization)

1. Does the amount billed by consultant add up correctly?

[7 2. Has all appropriate documentation to denote hours worked been properly signed?

[7 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (If a meeting was held by recipient or contractor/consultant of recipient, an agenda and signup sheet with meeting date must be included).

[7 4. Has the invoice from consultantlcontrator been included?

[7 5. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement).

[7 6 Has Attachment E (found within Agreement with FDEM) been completed for this consultant and included in the reimbursement package?

Salarv Positions (Note: this applies to positions billed under M&A and Organization as well) [7 1. Have the following been provided: signed time sheet by employee and supervisor and

proof that employee was paid for time worked (statement of earnings, copy of payroll check or payroll register)? Has a time period summary sheet been included for total claimed amount?

[7 2. Does the back-up documentation provided match the time period for which reimbursement is being requested?

Traininq [7 1. IS the course DHS approved? Is there a course or catalog number? If not, has FDEM

approved the non-DHS training? Is supporting documentation included your reimbursement request?

[7 2. Have sign-in sheets, rosters and agenda been provided?

[7 3. If billing for overtime and/or backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? Have print outs from entity's financial system been provided as proof

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attendees were paid? For backfill, has a clear delineationlcross reference been provided showing who was backfilling who?

( 4. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom training reimbursement costs are being sought?

5. Has any expenditures occurred in support of the training (e.g., printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment)? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement).

Exercise ( I. Has documentation been provided on the purposelobjectives of the exercise? Such as,

S ITMANIEXPLAN. 2. If exercise has been conducted - has after-action report been included? Have sign-in

sheets, agenda, rosters been provided?

( 3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have print outs from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineationlcross reference been provided showing who was backfilling who?

( 4. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought?

5. Has any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in support of the exercise? If so, receipts and proof of payment must be submitted. (E.g. 'canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement).

6. Has any expenditures occurred on rental of spacellocations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof'of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P- Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement).

Travel/Conferences 1. Have all receipts been turned in such as: airplane receipts, proof of mileage, toll receipts,

hotel receipts, car rental receipts, registration fee receipts and parking receipts? Are these receipts itemized? Do the dates of the receipts match the date(s) of travellconference? Does the hotel receipt have a zero balance? If applicable, have a travel authorization and travel reimbursement form been included to account for per diem, mileage and other travel expenses which have been reimbursed to the traveler by sub grantee?

( 2. If travel is a conference has the conference agenda been included? 3. Has proof of payment to traveler been included? (E.g. canceled check, Electronic Funds

Transfer (EFT) confirmation, or copy of payroll check if reimbursed through payroll).

Organization

3 8

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1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at EOC, hourly rate and total paid to each attendee? Have print outs from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who?

Matchina Funds 1. Contributions are from Non Federal funding sources. 2. Contributions are from cash or in-kind contributions which may include training

investments. 3. Contributions are not from salary, overtime or other operational costs unrelated to

training.

For All Reimbursements - The Final Check 1. Have Forms 3, 4a, 4b and 4c been completed and included with each request for

reimbursement?

[7 2. Have the costs incurred been charged to the appropriate POETE category? 3. Does the total on Form 3 match the totals on Forms 4a, 4b and 4c? B 4. Has Form 3 been signed by the Grant Manager?

[7 5. Has the reimbursement package been entered into sub grantee's recordslspreadsheet?

[7 6. Have the quantity and unit cost been notated on Form 4b?

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Attachment E

Warranties and Representations

Financial Management

Recipient's financial management system must include the following:

(1) Accurate, current and complete disclosure of the financial results of this project or program

(2) Records that identify the source and use of funds for all activities. These records shall

contain information pertaining to grant awards, authorizations, obligations, unobligated

balances, assets, outlays, income and interest.

(3) Effective control over and accountability for all funds, property and other assets. Recipient

shall safeguard all assets and assure that they are used solely for authorized purposes.

(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever

appropriate, financial information should be related to performance and unit cost data.

(5) Written procedures to determine whether costs are allowed and reasonable under the

provisions of the applicable OMB cost principles and the terms and conditions of this

Agreement.

(6) Cost accounting records that are supported by backup documentation

Competition

All procurement transactions shall be done in a manner to provide open and free competition. The

Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that

may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor

performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,

requirements, statements of work, invitations for bids andlor requests for proposals shall be excluded

from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer

is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality

and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill

in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected

when it is in the Recipient's interest to do so.

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Codes of conduct

The Recipient shall maintain written standards of conduct governing the performance of its employees

engaged in the award and administration of contracts. No employee, officer, or agent shall participate in

the selection, award, or administration of a contract supported by publ~c grant funds if a real or apparent

conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,

any member of his or her immediate family, his or her partner, or an organization which employs or is

about to employ any of the parties indicated, has a financial or other interest in the firm selected for an

award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,

favors, or anything of monetary value from contractors or parties to subcontracts. The standards of

conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,

employees, or agents of the Recipient.

Business Hours

The Recipient shall have its offices open for business, with the entrance door open to the public, and at

least one employee on site, from

Licensing and Permittinq

All subcontractors or employees hired by the Recipient shall have all current licenses and permits

required for all of the particular work for which they are hired by the Recipient.

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Attachment F

Subcontractor Covered Transactions

(1) The prospective subcontractor of the Recipient, , certifies, by

submission of this document, that neither it nor its principals is presently debarred, suspended,

proposed for debarment, declared ineligible, or voluntarily excluded from participation in this

transaction by any Federal department or agency.

(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective

subcontractor shall attach an explanation to this form.

SUBCONTRACTOR:

By:

Signature Recipient's Name

Name and Title DCA Contract Number

Street Address

City, State, Zip

Date

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Attachment G

Statement of Assurances

The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars hlo. A-21, A-1 10, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that:

1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which providesfor fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs.

2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.)

3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act.

4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties.

5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant.

6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements.

7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.

8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and IJrban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.

9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties.

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10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.

11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs.

12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1 990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.

13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs.

14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more.

15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (1 6 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System.

16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug- Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620.

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I

MEETING DATE REQUESTED: ] January 3,201 1 1 Statement of Issue: Adoption of revised Animal Control Policies

Recommended Action: Approval of Same

Fiscal Impact: None

Budgeted Expense: NIA

Submitted By: John Singer, Environmental Services Director

Contact: 838-3533

SUPPLEMENTAL MATERIAL / ISSUE ANALYSIS

History, Facts & Issues: At its Workshop of October 26,2010, the Board reviewed revisions to previously adopted Animal Control policies with Staff. These policies include:

2009-07 Animal Redemption Fees 2009-22 AggressiveIDangerous Dogs 2009-24 Rabies Quarantine Procedures after Animal Bite

nla

Policies

Options:

Attachments:

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Policy #: Title: Effective Date:

2009-24 Rabies Quarantine Procedures after Animal Bite 0911 5/09

PURPOSE

To establish general guidelines for rabies quarantine after an animal bite.

REFERENCE

Section 14-1 73 Taylor County Code

POLICY

Any animal that has bitten, regardless of vaccination status, is required to be quarantined for a length of ten (10) days. The following guidelines outline the procedures for quarantine:

**An animal which has had a current rabies vaccination, administered by a licensed veterinarian, may be granted the option of home quarantine IF the following restrictions can be met AND the responding Animal Control Officer feels it would be in the best interest of all parties:

a) The animal must be provided an isolated area where it is kept away from all other animals and shall have minimum contact with people.

b) The animal shall be leashed and under control of a person competent to restrain the animal when outside for exercise or relief, and shall not be allowed to leave the property except to receive emergency veteri~iary care. In such case the veterinarian will be advised of the quarantine.

c) Further stipulations are outlined in "Home Quarantine Agreement" (Attached)

IF any of these stipulations cannot be met the animal will be impounded and quarantined at the Taylor County Animal Shelter or transported to the veterinarian of choice (If arrangements have been made and approved). Impound fees will apply.

**An animal, regardless of vaccination status, may be quarantined at a veterinary facility if all stipulations are agreed to by the veterinarian in charge. Stipulations outlined in "Veterinary Quarantine Agreement" (Attached)

**Any animal over 16 weeks that has not been vaccinated against rabies MUST be quarantined at the Taylor County Animal Shelter or a Taylor County Veterinary facility. Quarantine fees ef$1(3888 as established in Policy 2009-07 shall apply. Prior to release, Animal Control will transport the animal to a local veterinarian of choice and receive a current rabies vaccination. The animal owner shall be responsible for the veterinarian fees. (Shelter Quarantine Forms Attached) * Out-of-county residents will be handled on a &se-by-case basis.

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RESPONSIBLE DEPARTMENT

Environmental Services Department - Anirr~al Control

DATE ISSUEDISUNSET DATE

Issue Date: 911 5/09 Sunset Date: 0911 5/14

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Taylor County Board of County Commissioners' Policy Manual

Policy #: Title: Effective Date:

2009-07 Animal Redemption Fees 0311 7109

PURPOSE

Setting and collection of Animal Redemption Fees

REFERENCE

None

POLICY

Impound Fee (1'' Offense): A $30.00 initial fee will be assessed on the first day with a $5.00 fee beginning at midnight the day of impoundment being assessed thereafter up to 5 calendar days. A $10.00 fee will be assessed beginning at midnight after the 5~ day until the animal is redeemed. Impound Fee (2nd Offense): A $60.00 initial fee and as stated above for days left at shelter. Impound Fee (3rd Offense): A $90.00 initial fee and as stated above for days left at shelter. Animals can be redeemed during regular business hours, but no later than 4:00 PM.. Rabies Quarantine Observation: First Bite - $100.00 (10 consecutive days). Proof of vaccination must be presented to Taylor County Animal Control or if the animal is not vaccinated, Animal Control staff shall transport the animal to a local veterinarian at the time of redemption.. Fees incurred for shots will be paid directly to the veterinarian by the owner.

** Each additional bite (by the same animal) will be charged an additional $100.00 per quarantine. Ex. $200.00 2nd bite; $300.00 3rd bite.

** After any bite, Animal Control may file a DDIAD petition aminst the dog. If a petition is filed, the investigation will be conducted during the quarantine period.

RESPONSIBLE DEPARTMENT

Environmental Services Division - Animal Control Department

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.I

Taylor County Board of County Commissioners' Policy Manual

Policy #: Title: Effective Date:

2009-22 Aggressive DogsiDangerous Dogs 0911 5/09

PURPOSE

To establish general guidelines for declaration of an aggressive or dangerous dog.

REFERENCE

Section 14-173 Taylor County Code

POLICY

Any citizen wishing to file a Dangerous/Aggressive Dog Petition may do so if specific criteria are met.

**Dangerous Dog may mean any dog that has:

1) Aggressively bitten, attacked or endangered, or has inflicted severe injury on a human being on public or private property;

2) More than once, severely injured or killed a domestic animal or livestock while off the owners' property;

3) Been used primarily or in part for the purpose of animal fighting, or is an animal trained for animal fighting.

**Aggressive Dog may mean any dog that has: 1) Severely injured or killed a domestic animal, fowl, or livestock while off the owner's

property; 2) When unprovoked, bitten an animal or a hurr~ar~, has chased or approached a

person upon the streets, sidewalks or any public grour~ds i11 a rner~acir~g fashion or apparent attitude of attack , provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the Animal Control officer.

If a dog has met any of the above criteria, anyone wishing to file a dangerous/aggressive dog petition against the animal shall have 24hrs to have the papework completed, notarized and turned into the Animal Control office. During this time frame, the dog in

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.. question shall be impounded and housed at the Animal Shelter. **If after the 24hr time period, the appropriate paperwork has not been filed, the dog will be released (unless on quarantine) to the owner with no further stipulations. The owner will be required to have a current rabies vaccination administered, at the owner's expense, prior to release. If after the 24hr time frame, the Dangerous/Aggressive dog petition is filed the animal must be kept in a suitable enclosure at the owner's residence until the investigation is complete. If no suitable enclosure is available the dog must be re-impou~ided and housed at the Taylor County Animal Shelter. Documentation and pictures of the enclosure must be maintained in the Dangerous Dog file. *Suitable enclosure shall mean a secure area that prevents the entry of young children and in which the animal cannot escape over, under or through. The enclosure shall be locked at all times and display "Bad dog" signs on all four sides. It shall also provide protection from the elements. **No dog that is the subject of a dangerous or aggressive dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous or aggressive dog classification.

After the petition has been filed, the Animal Control Coordinator or designee shall investigate the complaint. Tliis investigation shall be conducted in an expeditious manner, usually within 3-5 business days. During the investigation process, the dog will remain in the custody of Taylor County Animal Control, at the expense of the owner, uliless other arrangements have been approved by the Animal Control Coordinator. Findings of the investigation shall be turned over to Environmental Services Director who shall make an initial determination as to the classification of the dog. In the event of the absence of the Director the Animal Control Coordinator shall make the initial determination.

The Animal Control department shall provide written notification of the finding, to the owner, by registered mail or edHed hand delivery within 3 business days. The owner rnay file a written request for a hearing within 7 calendar days from the date of receipt of the notification of the initial determination and, i f requested, the hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than 5 days after receipt of the request from the owner. If a hearing is requested, it will be heard by the County Administrator. An owner's failure to request a hearing within 7 calendar days from the date of receipt of the notification of the initial determination will result in the finding becoming the final determination, and the dog will be classified as dangerous or aggressive.

Once a dog is classified as a dangerous or aggressive dog, the Animal Control department shall provide written notification to the owner by registered mail or certified hand delivery, and the owner may file a written request for a hearing in the county court to appeal the classification within 10 calendar days after receipt of a written determination of dangerous or aggressive dog classification and must confine the dog in an enclosure suitable for a dangerous dog pending a resolution of the appeal.

Within 14 calendar days after a dog has been classified as dangerous or aggressive by the Animal Control Department, or a dangerous or aggressive dog classification is upheld by the County Court, all requirements must be met, fees paid, and the animal claimed by the owner. On the 15'~ calendar day, if the dog remains unclaimed or the requirements have not been met, the dog will be humanely euthanized.

Pursuant to Taylor County Code 14-171 the following requirements must be met (or followed) in order to reclaim a dog is classified as dangerous:

1) Proper confinement 2) Obtain liability insurance or a surety bond 3) Obtain a permit and tag 4) Spay or Neuter animal 5) Tattoo animal

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3 > ..

6) Notify Animal Control if the dog is at large, keep current information on file, or notify Animal Control if there is to be a new owner.

In addition: The dog must be vaccinated against rabies by a licensed veterinarian, according to the

manufacturer's guidelines for the vaccine administered. Two color photographs of the dog in two different poses showing the color and size of

the dog must be provided to the Animal Control Department.

**The department may provide notification to appropriate neighbors and the public advising them of the presence of a declared dangerous dog. Photographs of the dog may be used in providing the public with internet access to dangerous dog information.

The following requirernerlts must be met (or followed) in order to reclaim a dog that is classified as aggressive:

1) The dog must be vaccinated against rabies by a licensed veterinarian, according to the manufacturer's guidelines for the vaccine administered.

2) The dog must be spayed or neutered. 3) Two color photos of the dog in two different poses showing the color and size of

the dog. 4) The dog must remain in a suitable enclosure approved bv Animal Control Staff or

inside of your residence. If the dog is not inside of the enclosure or inside of the residence, it must be restrained by a substantial leash and under the physical control of a competent person.

5) You shall display warning siglis that state "Bad Dog" that are clearly visible from all points of entry to the property where the dog is housed.

6) You shall immediately contact animal control if you move to another address with the aggressive dog.

7) You shall immediately notify animal control when the dog: a. Becomes loose or unconfined; b. Attacks a human or another animal; or c. Dies

8) You shall immediately notify animal control i.f you plan to sell or give away the aggressive dog. Prior to the dog being sold or given away, you shall provide the name, address, and telephone number of the new owner. The new owner shall comply with all of the requirements of this order.

9) You shall immediately notify animal control if you believe that the dog has been stolen.

10) Obtain a yearly permit.

1.1: the dog is deemed dangerous/aggressive all impound fees and boarding fees apply. If the dog is found NOT to be dangerous/aggressive, only daily boarding fees shall apply. IF an ordinance violation was noted by the responding Animal Control officer upon arrival to the scene, impound fees and boarding fees shall apply regardless of the outcome of the dangerous/aggressive petition.

An Officer may impound any dog found in violation of any of the above mentioned requirements. In the event that the dog owner is found to have violated the requirements, a citation requiring a mandatory court appearance may be issued.

An officer shall impound the dog which subsequent to its classification as an dangerous or aggressive dog, bites, wounds, attacks or kills, or assists in biting, wounding, attacking or killing any person or animal. The dog shall be placed in quarantine, i f necessary, for the proper length of time, or irnpounded and held for ten business days, ttlerl destroyed in an expeditious and humane manner. The ten-day time period shall

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PERRY NEWS-HERALDflACO TIMES Published Weekly in the City of Perry County of Taylor, State of Florida

AFFIDAVIT OF PUBLICATION Before me, the undersigned authority personally appeared DONALD D. LINCOLN, who on oath says that he is the PUBLISHER of the Perry News-Herald/ Taco Times, both weekly newspapers published in Perry, Taylor County, Florida, that the altached copy of advertisement in re:

Public Hearing

was published in said newspaper in the issues of:

December 1 7, 20 1 0

Affiant says further that the said, newspapers published at Perry in said Taylor County, Florida, each week has been entered as second class mail matter at the Post Office in Perry, Florida, in said Taylor County, Florida for a period of one year next proceeding the first publication of the attached copy of notice to appear: and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or

Sworn to and subscribed before me this

L d a y o f Dec 2010

Notary Public County of Taylor State of Florida

Personally Known Personally Appeared

Notice (Pursuant to F.S. 125.66) Notice is hereby given that the Board of County Commissioners of Taylor County, Florida will hold a Public Hearing on the passage of a proposed Ordinance to establish the Taylor County Recreation Advisory Board. The Public Mearing shall be held at the Board of County Commission Meeting Room, Taylor County Courthouse Annex, Old Post Office Building in Perry, Florida, at the regular Board meeting on Monday, January 3, 201 1, at 6:10 P.M. The title of the proposed Ordlnance is: AN ORDINANCE ESTABLISHING THE TAYLOR COUNTY RECREATION ADVISORY BOARD BY AMENDING CHAPTER 54, PARKS AND RECREATION OF THE TAYLOR COUNTY CODE OF ORDINANCES, PROVIDING FOR THE CREATION OF, AND THE DEFINITION OF THE TAYLOR COUNTY RECREATION ADVISORY BOARD (TCRAB). PROVIDING FOR THE COMPOSITION OF MEMBERS, PROVIDING FOR AN APPOINTMENT PROCESS, ESTABLISHING THAT MEMBERS MAY NOT BE LOCAL ELECTED OFFICIALS, PROVIDING PROVISIONS FOR THE ELECTION OF OFFICERS, ESTABLISHING GUIDANCE FOR MEETINGS, PROVIDING FOR THE ESTABLISHMENT OF BY-LAWS, ESTABLISHING A RECREATIONAL PHILOSOPHY, ESTABLISHING SCHEDULING PRIORITIES. AND DUTIES. PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. The proposed Ordlnance may be Inspected by the publlc at the offlce of the Clerk oTCScult Court, 1st Floor,

; Taylor County CourthouSe, Perry. Taylor ~oun ty , .~ lo i l 8o ,~ ,.;* The ~ubl~~f."+;~ebriig'~;Tmay be continued $0 one or iiigrd future dates. Any,interested party shall be advised that the date, fime and place of any cont~nuatlon of the Publ~c Hearlng shall be ahnounced durlng the public, ~ e a n n ~ , ' and that no further notice Eoncerning the maiter will be pubi~shed, unless said cont~nuat~on exceeds six calendar

weeks from the date of the asove referenced Publlc Hearlng. All members of the publlc are welcome to attend. Notice is further glven, pursuant to Florida Statute 286.0105, that any person or persons decldtng to appeal any matter considered at thls Publlc Hear~ng will need a record of the hearlng and may need to ensure that a verbatlm record of the proceeding in made,

;. which record Inqludes the test~mony , a i d evldence upon which t h e 4 < appeal is to be based.' :'-?-' Ty - a

Dated ?thrs .15th Day of ~ec"emb6r; ' 201 0,-by ANNIE MAEMbRPHY;Clerk ofe3 the. Clrcuit: Court'anbClerk of the .: Boardof county'com+~~16ii6k~,<~''~' Taylo,.County, Flo~idb,:. .> '-" "- : '"" 1 2/JT'(;Lzd~: 7 ; I:.., .. ,i- ; L A ~ < * = at,'*? . - - - -.-.*.-...err ,ax,', CG

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ORDINANCE NO. 2010-p

AN ORDINANCE ESTABLISHING T H E TAYLOR COUNTY RECREATION ADVISORY BOARD BY AMENDING CHAPTER 54, ?ARB AND RECREATION OF T H E TAYLOR COUNTY CODE O F ORDINANCES, PROVIDING FOR T H E CREATION OF, AND T H E DEFINITION O F T H E TAYLOR COUNTY RECREATION ADVISORY BOARD (TCRAB), PROVIDING FOR T H E COMPOSITION O F MEMBERS, PROVIDING FOR AN APPOINTMENT PROCESS, ESTABLISHING THAT MEMBERS MAY NOT BE LOCAL ELECTED OFFICIALS, PROVIDING PROVISIONS FOR T H E ELECTION O F OFFICERS, ESTABLISHING GUIDANCE FOR MEETINGS, PROVIDING FOR T H E ESTABLISHMENT O F BY-LAWS, ESTABLISHING A RECREATIONAL PHILOSOPHY, ESTABLISHING SCHEDULING PRIORITIES, AND DUTIES, PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Taylor County Board of County Commissioners provides many various public recreation facilities to the citizens of Taylor County and the surrounding area; and

WHEREAS, the County desires to ensure the efficient operation and management of County sports complex; and

WHEREAS, the County determines that it is in the best interest of the public to establish a County Recreation Advisory Board to advise the County Administrator on the County's recreation facilities and programs;

NOW THEREFORE, BE IT ORDAINED BY the Taylor County Board of County Commissioners that the Taylor County Code of Ordinances is hereby amended to add a new section

and

BE IT FURTHER ORDAINED that the section of the Code of Ordinances, section shall read as follows:

52.22.0 Recreation Advisory Board Created - There is hereby created by the Taylor County Board of County Commissioners a County recreation advisory board, to be known as the Taylor County Recreation Advisory Board (TCRAB).

52.22.01 Definition - The TCRAB advises the County Administrator and/or his designee on the Taylor County Sports Complex.

52.22.02 Composition - The TCRAB shall consist of seven members, each of whom shall be a registered voter of Taylor County as well as being a current resident of the County. Positions shall be advertised and applications received by the Board of County Commissioners. The Commission shall appoint the members to the TCRAB in a regularly scheduled Commission meeting. Appointees are to be representative of all sports played at the County Sports Complex including but not lirmted to soccer, football, baseball, softball, basketball, tennis, users of the trail.

52.22.03 Appointment Process - Initially, the Board of County Commissioners shall appoint four members for a term of three years, three members to a term of two years. Thereafter, members shall serve three-year terms. Members may be re-appointed. Any vacancy of the TCRAB shall be f~Ued for the un-expired term in the same manner as required for a regular appointment. Four members of the TCRAB shall constitute a quorum for the transaction of business. An affirmative vote of a majority of the

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members of the TCRAB present shall be required to authorize any action or formulate a position of the TCRAB.

52.22.04 Members may not hold an elective office - The members of the TCRAB may not hold any elective office.

52.22.05 Officers - At the first regularly scheduled meeting in January of each year, the TCRAB shall elect from its members a Chair and a Vice-Chair. The Vice-Chair shall act in the absence or disability of the Chair. In case the Chair or Vice-Chair vacates their appointment, the Board shall immediately select a replacement. A designee appointed by the County Administrator shall serve as the Secretary to the TCRAB.

52.22.06 Meetings - The TCRAB shall establish its regular meeting time and location, wlich shall not be less often than once every month. The TCRAB is to comply with the Florida Sunshine Law for Advisory Boards. Training on the Florida Sunshine Law will be provided by the County Administrator or County Attorney at the January meeting annually.

52.22.07 By-Laws - The TCRAB shall adopt by-laws and rules of procedure to govern its operation. No by-law or rule of procedure shall be effective untll approved by the Board of County Commissioners. The by-laws and rules to procedure may be amended at anytime by the TCRAB with the approval of the Taylor County Board of County Commissioners.

52.22.08 Recreational Philosophy - The TCRAB will have the responsibihty and authority to develop a guidng phdosophy regarding recreation which vJlll promote inclusiveness, enrichment, consistency, fairness, and sportsmanship.

52.22.09 Scheduling Prioritization - The TCRAB will have the authority to determine the scheduling priorities for all community use of the facilities while protecting and providing for scheduled maintenance, and improvements. Facilities are available for community use after recreational league usage is scheduled. Conflicting league play should be avoided.

52.22.10 Duties - In addtion to those duties set out in other sections of this code, the TCRAB shall have the following duties:

52.22.10.1 Advise the County Admirustrator and/or his/her deslgnee on all Sports Complex activities.

52.22.10.2 The TCRAB shall assist in the development of policies and procedures related to programming and facility use of the County's recreation facilities.

52.22.10.3 Provide input for the County Administrator's consideration in preparing a

budget request for consideration by the Board of County Commissioners.

52.22.10.4 Funding, ownership and maintenance of the Sports Complex will remain the Board of County Commissioners and their designee. The TCRAB shall make an annual report of its activities to the Board of County Commissioners.

52.22.11 Severability - If any word, phrase, clause, section or portion of this Ordinance shall be held Invalid or unconstitutional by a court of competent jurisdiction, such portion or words shall be

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lr deemed a separate and independent provision and such holding shall not affect the valid~ty of the remaining portions thereof.

52.22.12 Effective Date. This ordinance shall become effective immediately upon receipt of official acknowledgement from the office of the Secretary of State of Florida that this ordtnance has been filed in said office.

ADOPTED BY T H E TAYLOR COUNTY BOARD OF COUNTY COMMISSIONERS I N REGULAR SESSION this day of ,2010.

BOARD OF COUNTY COMMISSIONERS TAYLOR COUNTY, FLORIDA

BY: LONNIE A. HOUCI(, Chairperson

ANNIE MAE MURPHY, Clerk

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Board of County Commissioners Attn: Jack Brown 201 East Green Street Perry, FL 32347

INVOICE

lnvoice Number: 01 07 lnvoice Date: December 17, 201 0

lnvoice for Emergency Medical Services for Taylor County for December 2010.

Please remit $25,000.00

Please send payment to:

Doctors' Memorial Hospital, Inc. P.O. Box 1847 Perry, FL 32348 Attention: General Accounting

Thank You!

333 N. Byrub; Butler Parkway a Perry, Florida 32347 * (650) 584-0800 a Fax (850) 584-2524

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November 17,2010

Jack Brown County Administrator Taylor County Commission 201 East Green Street Perry, Florida 32347

Dear Jack:

United Way of the Big Bend is very pleased to serve once again as the administrator of your Human Services Grant Program. Your vote of confidence for our administering this program is deeply appreciated. Also, we recognize that our current economy has placed tremendous stress on budgeting for county governments, so we are very pleased that the County commission voted to continue funding at $70,000.

The following Taylor County citizens met on November 16,2010 to review grant proposals: Scott Barton, (Chair) Buckeye; June Evans, retired Taylor County School Board payroll officer; Margie Sleigher, Human Resources Director for Chernring and Debbie Bassett, Capital City Bank. After careful consideration, they recommended distribution of the $70,000 as listed below:

Taylor County Senior Citizens Center - $22,000; Taylor County Boys and Girls Club - $22,000; Taylor County Leadership Council - $10,000; Taylor County Refuge House - $12,000; Early Learning Coalition of the Big Bend - $2000; and Taylor County Special Olympics - $2,000.

These funds will be distributed on a quarterly basis beginning with December 2010. In previous years, you have rendered payment in one check. Please consider this letter a request for $70,000 to fund these agencies'grants as listed above for fiscal year 2010-2011. A copy of this letter is also being forwarded to Tammy Taylor, the County's Chief Financial Officer.

Again, permit me to thank you for the confidence you have placed in United Way of the Big Bend to administer your Human Services Grant Program. Should you have any questions, please contact Glenda Hamby at 545-1344 or [email protected]

h S. Armstrong, Ph.D. 429- President

cc: TammyTaylor

307 East Seventh Avenue, Tallahassee, FL 32303 Telephone 850-414-0844 Fax 850-414-0852 Visit us online at www.uwbb.org Email. [email protected]

Your community partner i n Franklin, Gadsden, Jefferson, Leon, Liberty, Madison, Taylor, and Wakulla counties

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1 1 SUBJECTlTITLE: ( Board to review and approve Amendment No. 1 to the Agreement For Professional Engineering, Planning, Design And Construction Management Services with AVCON, Inc.

MEETING DATE REQUESTED: I January 3,201 1 j

Statement of Issue: The Agreement For Professional Engineering, Planning, Design And Construction Management Services with AVCON, Inc. for Perry Foley Airport has expired. If approved the County will be renewing the existing agreement for two additional years. The County is required by the Federal Aviation Administration (FAA) to have an outside firm for these services under contract for Perry Foley Airport to be eligible for funding assistance.

Recommended Action: Approve Amendment No. I to the AVCON professional services agreement.

Fiscal Impact: FAA requires the County to have a firm under contract for professional, engineering, planning, design and construction management services to be eligible for funding assistance from FAA. AVCON, Inc. is paid by grant funds obtained from FAA and Florida Department of Transportation Aviation Division.

1 / Budgeted Expense: YIN

Submitted By: Melody Cox

Contact: Melody Cox

SUPPLEMENTAL MATERIAL 1 ISSUE ANALYSIS

History, Facts & Issues: The County awarded a three year contract to AVCON, Inc. in October 2007 after going out for bids for Professional Engineering, Planning, Design, and Construction Management Services. This is a requirement of FAA to receive funding assistance. FAA allows for contracts to be awarded for up to five years. Grants staff is requesting the Board approve Amendment No. I to the original contract to award an additional two years to AVCON, Inc.

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Grants and Airport staff has been satisfied with all services which have been provided by AVCON, Inc. There are no other changes to the original contract.

Options: Not approve amendment. If the arnendment is not approved, the County will be required by FAA to immediately go out for bids for these services.

Attachments: Amendment No. 1 to Agreement, original Agreement For Professional Engineering, Planning, Design And Construction Management Services with AVCON, Inc.

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AMENDMENT NO. 1 to

AGREEMENT FOR PROFESSIONAL ENGINEERING, PLANNING, DESIGN, AND CONSTRUCTION MANAGEMENT SERVICES

TAYLOR COUNTY BOARD OF COUNTY COMMISSIONERS TAYLOR COUNTY, FLORIDA

Tlie purpose of this amendment is to scvise llic periocl of scrvice I'or the Agreemcnl for Professional Engineering. Planning, Design, and Construction Managemen1 Services between the l'aylor County Board of Counly Com~nissioners and AVCON INC. fi401n three (3) years to fivc (5) years.

This amendment is rnade as of the I clay of October ., - 20 10 by a~icl betwecn Taylor Co~lnty IZoard of County Commissioners (IiereinaRer referred to as "CI,IENTV) ancl AVCON, INC. (hereinafler referred to as "CONSULTANT") and ~noclifies tlie Agreelnent Ibr I'rofcssional Engineering, Planning, Design, atid Construction Management Services (the "Agrecmenl") entered into on October 16, 2007. CLIENT and CONSUI,TANT, in considerat.ion of tlie mutual covenants Iiereinafier set forth, agree as follows:

Article 5: I'criod o f Servicc, Section 5.2, sliall be liiodified as follows:

"This Agreement shall ~.cmain in cffccl tlwee-(3) .firre (5) ycars f?om tlic dalc signccl unless sooncr tcrminatcd as providccl licrcin or cx~cndctl by ~nulual agrcclncnl in writing."

IN WITNESS WHEREOF, lhc parlies hereto have causccl tliis A~ncnd~iicnt to bc cxccutccl by llicis cluly autholized I-cprcscntativcs as of thc day arid ycar first abovc wriltcn.

CLIENT: CONSULTANT: Taylor County Board of County Commissioners AVCON, INC.

By: By: Lonnie Houck

Typed Name: h-s Typed Nalnc: Sandcep Sinrrli, P.E.

Title: Chai~man -Title: I'scsident

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~ e l o d i Cox

From: Sent: To: Cc: Subject:

[email protected] Thursday, December 02,2010 11:24 AM Collins, John Melody Cox; Lewis, Virgil C Re: Taylor County General Consulting Agreement with AVCON

John,

Yes, Taylor County can renew the General. Consultant agreement with AVCON for another 2 years without going through the RFP process.

Bill. Farris Program Manager Orlando Airports District Office 407-812-6331, ext. 125

From : "Collins, John" <[email protected]>

To : Bill Farris/ASO/FAA@FAA

Cc : "Melody Cox" <melody. cox@taylorcount ygov. corn>, "Lewis, Virgi.1. C" <[email protected]>

Date: 12/02/2010 10:56 AM

Subject: Taylor County General Consulting Agreement with AVCON

Bill,

Per our conversation this morning, can you confirm that the FAA does not take exception to Taylor County renewing -the General Consultant agreement with AVCON for an additional 3 years without going through the RFP and presentation process? The original contract remained in effect for 3 years and expired on October 15, 2010.

Thanks Bi1.l.

John Collins Project Engineer 1 AVCON, INC. Engineers & Planners Transforming Ideas into Reality Since 1988

320 Bayshore Dr. Ste. A Niceville, FL 32578 Office: 850.678.0050 Fax: 850.678.004 0 Email: [email protected] www.avconinc.com

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MI.. Sack K. Bro\vn County Administrator Taylor County 20 1 East Grcen Street Pcr~y, Florida 32347

Reference: Transmittal of AVCON General Agreement Fsofessio~rsl Engitmeerinp, Plnnnisg, Design, arntl Constrt~ction Mttr~age~ncnt Services Perry Poley Airport

Deitr Mr. Brown:

Pleasc find cncloscd for your records one (1) f1:irlly-~:xecutccf Agrccnlcnt for ProfcssionaI Engineering, Planning, Design, and Constmction Management Services bctweerl thc Taylor County Board of County Conimissio~lers and AVCON, JNC. and dated Octobcr 16, 2007. Tasks to be pcrtomicd will bc authorized under individual tmlc autliorizations separately approvcd by thc Cou11t.tp and in accordance with the tcr~ns and condi t io~ .~~ of the gct~cral agrccnlent.

Wc apprcciatc t l ~ c opportunity to scrvc tlic County at Pcrry Folcy Airport. Plcasc contact us a1 your convcniencc if you Iiavc z iy qucslions.

Sincerely,

~ r g i l C. "Lcc" Lewis, P.E. Regional Manager

Enclosure: Onc (1) Fully-.Exca.~tcd Gcncral Agrccmcnt 10/1 6/07

CC: Ms. Melody Cox - Grants Administrator, Taylor County

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AGREEMENT FOR PROFESSIONAL ENGII\TIEERING, PLANNNG, DESIGN, AND

CONSTRUCTION RILA.WrhGEMENT SERVICES between the

TAYLOR. COUNTY BOARD OF COUNTY COMMISSIONERS and

AVCON, INC.

TTJIS AGREEMEN'T for professional cngineering, planning, design, and constructioll man gemcnt se~vices (the "Agreement"), is made and entered into a.s of the !$>kl_ day of 0CkW , 2 0 ~ 1 - , by and behveen the Taylor Connty Board of County Cotnmissioners, a public and governmental body existing ulldcr and by virtue of the laws of the State of Florida with a business address at 201 East Green Street, I'crry, Florida 32347 (hereinafter rcferrcd to as "COUNTY"), and AVCON, INC., a Florida corporation with a business address at 5555 East Michigan Strcel:, Suite 200 0rland.0, Florida 32822 (11creitlaTter rcferred to as "CONSULT.ANT").

WPTNESSETH:

WHEREAS, tlle COUNTY desires to employ Lhc scsvicrs of Lhc CONSULTANT to provide professiounal engineering, planning, dcsign, and co~ls~l~rc~iot l managcmcnt scrviccs for thc Peq-Foley Airporl(40J); and

WI-EREAS, tllc CONSULTANT has stated that i t is qualiliecl., willing alicl able 1.0 perform the professional engineering, planning, design, and construction managemcnr. serviccs required on tlle terms and conditiolls hereinafter set fortl~; and

WHEREAS, the COUNTY has given public notice of the professional cngineering, planning, design, and constn~ction rnanagen1en.t services to be considend pursuant to this Agreemcnt, and

WHEREAS, the selection of the CONSULTANT has been nlade in accordallcc with the provisions of FAA Advisory Circulas 150/5100-14C, 49 CFR Part 18 and the Consultant's Colnpetj,tive Negotiation Act, Section 287.055, Florida Statutes (1 993).

NOW, T.HEREFORE, in considera.tion of the mutual premiscs and. covenants herein set fort1-1, and fbr other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, thc parties hereto agree as follows:

ARTICLE 1 : BASIC SERVICES

1 .'1 The Basic Selvices of the COhTSULTANT required under this Agreement by the COUNTY shall be described in separately authorized 'T'ask Orders (the "Services"). A sample Task Order is provided in Exhibit I attached hcrcto.

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1.2 The CONSULTANT sllall provide for the COUNTY the Services described in separately authorized Task Ordcrs, which shall include the Task Description/Scope of Services, Task Schedule, Task Deliverables, and Compensation. Compel~sation sllall bc limited to the amount as lnutually agreed upon by the CONSULTANT and COUNTY and shall be subject to approval by the Federal Aviation Administration for federally fu~lded work and the Florida Department of Transportation for sLate- funded work, as applicable. The CONSULTANT'S Services will be paid for by the COUNTY for Scrvices under each authorized Task Order as indicated in Article 7 l~crcof. The CONSULTANT shall, at its own expense, obtain all data and information (other than that rcferred to in Article 3 hereof) necessary for the pcrfor~nancc of its Services.

1.3 The CONSULTANT and the Services rendered by the CONSULTANT shall follow and conform to the Scope of Services and/or special provisions of each Task Order. The CONSULTANT is solely respo~lsible to thc COUNTY for correcting errors resulting from the CONSULTANT'S faulty or inaccurate performance.

ARTICLE 2: ADDITIONAL SERVICES OF THE CONSULTA.N_T

If authorized in writing by the COUNTY, the CONSULTANT shall fiirnish Additional Services pursuant to this Agl.eemenr, which arc considescd by the COUNTY to be beyond the scope of an authorized Task Order. Additional serviccs shall be docuinented by an additional Task Ornder and paid for by the COUN'TY as indicated in Article 7 hereof:

ARTICLE 3: 038L,IGATIONS OF THE COUNTY

3.1 The COUNTY shall, with reasonable promptness, provide 10 t-hc CONSUL'T'ANT available information regarding the requirements of the Servjces.

3.2 The COUNTY shall make all provisions for tllc CONSULTANT to enter upon public and private property as required for the CONSULTANT to perfonn Serviccs under illis Agreement.

3.3 Thc COUNTY shall give prompt written notice to tl3.e CONSULTANT wtlenever' clle COUNTY observes or otherwise becomes awarc of a n y development d ~ a t affects the scope or timing of the CONSUL'TANT's Serviccs.

3.4 The COUNTY and the COUNTY'S employees, agents, contractors and subcontractors shall promptly report to the CONSULTA-NT any defccts in or problems with the Services being provided hereunder by the CONSULTANT in order to permil: the CONSULTANT to cake prompt and effective corrective action to remedy the defect and minimize any coilsequences which may rcsr~lc from such dcfcctive work.

3.5 Urllcss otherwise agreed to in an authorized Task Order under this Agreement, the COUNTY shall obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, statc, or fedesal authorities; and land, easements, right-of- way, and access ncccssary for the CONSUT,TANT'S Se~vices 01, project constn~cliun.

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a timely manner a.ny observed healtl~, safely, and other deficiencies in the work pcrforrncd by thc cor~stnlction contractor(s) that are inconsistcnr: wiih the requirements of' thc construction docurncnls. Tllc CONSULTANT neither guarantees the performance of the consttuction co~ltractor(s) nor assumes responsibility for construction contractol-'s failurc to perform work in accordance with tllc construction documcnls.

For this Agrccmcnt, construction sites shall include places of manufacture for matcrials incorporated illto the constnlction work, and constrr~ction contsactors shall includc manufacttrrers of marcrials incor,porated into tlic construction work.

4.4 Construction Progress Payments: Ziccommendations by thc CONSULATANT to the COUNTY for periodic constr-uctio~~ progress payments to the construction contractor(s) shall be based or] the CONSULTANT'S knowledge, information, and bclicf from selective sampling that the work has progressed to the point indicated. Sucl~ recomme~ldations shall not represent: that the CCINSUL,TANT has made an cxamination to ascertain how or for what purpose the constrt~c~.ion contractor(s) have used the monies paid; that title to any of the work, materials, or cquiplnent has passed to the COUNTY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the COUNTY and the construction contractor(s) that affect the amount that should be paid.

4.5 B:~c~r_d Drawings: Jiecotd drawings, if :requi.red, will bc pscparcd on thc basis of iilfo~mation compiled by the CONSULTANT and infornlation furnished by otl~crs and shall represent t l~e location, type of various components, and manner in which the projeci was fmally constr~~ctecl. to the best knowledge, information, and belief of CONSU1,TANT. Record drawing deliverables sliall be liinited to the sc;11ed and signed hard copies.

4.6 kbes tos or Hazardous Substances: If asbestos or hazardous substai~ces in any for111 are encountered, or suspected, the CONSULTANT shall stop it.s own worlc in the affected portions to permit testing and evaluation. If asbesr:os or otl~er hazardous sl~bstances are suspected, the CONSULTANT shall, if requested., managc testing to determine the extent of: the issuc, manage the rleccssary stuclics to recommend necessary remedial measures, and manage remcdiation activitics using a qualified subcontractor at an additional fee and contract tcrrns to bc ncgotiatecl. The COUNTY recognizes that thc CONSUL,TANT assumcs no risk and/or liability for a wast.c or hazardons waste site originated by other than the CONSUT.,TANIT'.

ARTICLE 5 : PERIOD OF SBRVIC-E

5..1 Tile Services called for- Ilereunder shall bc completed in accordai~ce wit11 thc sespcctivc task schedules as indicatcd in separately authorized Task Orders. The CONSULrI'AN7' shall perform authorjzed Services under this Agreerncnt wid1 due and reasonablc diligence consistent with sound professional practices.

5.2 TIlis Agreement shall remain in effect thrce (3) years from thc datc signed unless sooncr r:ern~inatcd as provided herein or extendcd by mi.~tiial agreement in writing.

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5.3 The CONSU1,TANT shall give prompt writtcn notice to the COUNTY whenever the CONSUI.TANT observes or otherwise bccorncs awarc of any development that ;tIT'ecrs rhc scopc or tirni.ng of the CONSULTANT'S Servjccs.

.I 6* ]REIMBURSABLE EXPENSES DEFINED A T L

6.1 Reimbrlrsablc Expenses sha.11 be defined as acl.ual expenses incurred by the CONSUI,TANT and. tkc CONSULTANT'S indepcndent professional associates or consultants, directly and indirectly in connection with the Services, such as expenses Ibl transportation and subsistellce incidental tliereto; obtaining bids or p~.oposals fsom contractor(s); providing and maintaining field office facilities including ft~mishings and utilities; subsistence and transportation of Residcllt I-'rojcct Representatives and their assistants; toll telephone calls, Licsimiles and teIegrams; reproduction of reports, Drawings, Specifications, Bidding Docunlents and similar SCI-vices-rela ted items.

6.2 The CONSULTANT shall be compensated by the COUNTY for Rein~bursable Expenses when and as identified in at1 authorized Task Older. The COUNTY'S responsibilily for providing compensation to the CONSUI,'T'ANT for lleimbussable Expenses shall bc limited. to only those Reimbursable Expenses identified and agreed to in an aurhorizcd Task Order.

ARTICLE 7: PAYMXNTS TO CO!ULTAN'I[l

7.1 The COUNTY shall pay the CONSULTANT for Basic and Additional Services and Reirnbussable Expenses on the basis set forth in Exhibit 2 a.ttachcd l~ercin and in cach separately authorized Task Order.

7.2 The CONSULTANT shall submit: monthly illvoices to the COUNTY for Set-vices rendcred and Reimbursable Expenses incu~red since the last rnonthly state men^. Payment shall be made to the CONSULTANT wit:hin thirty (30) days following the COUNTY'S receipt of invoice.

7.4 In the event of a disputed billing, only I:he disputed portion shall be wid~hcld fro111 payment, and the COUNTY shall pay the undisputed portion. The CCIUNTY sllall exercise reasonableness ill disputing any bill or portion thereof.

7.5 If the COUNTY fails to make payment in full within 30 clays of the da.te duc fbr any utldisputcd billing, the CONSlJLTA.NT may, alter giving 7 days' written noticc to tllc COUNTY, suspend Servjccs under this Agreement until paid in hll.

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8.1 The COUNTY's Authorized Representative for Services under this Agreemcnt is as indicated on each authorized Task Order. A11 matters and correspoildencc pertaining to the Services, including sublnittal of nlor~dily invoices, shall bc through thc COUNTY's Authorized Representative. The COUNTY's Authorized Rcyrescnl:al:ive shall render decisions in a timcly manllcr pertaining to documents subrnitf:cd by the CONSULTANT in order to avoid unreasonable dclay in thc ordcrfy and sequential progress of the CONSULTANT'S Serviccs.

8.2 'Thc CONSULTANT'S Authorized Repscsentativc and business address for Services under this Agreement is designated as follows:

Mr. Virgil C. "Lee" Lewis, P.E. Regional Manager AVCON, PNC. 320 Bayshore Drivc Suite A Niceville, Florida 32578 Telephone: 850-678-0050; Fax: 850-678-0040

The CONSULTANT'S Authorized Representative shall act on behalf of the CONSULTANT on all matters pertaining to the Services under this Agreement. All matters and correspondence to the CONSULTANT pertaining to the Scrviccs under th.is Agrcen~ent shall be addressed to (:he CONSULTANT'S Authorized Repsesenta tive.

8,3 The CONSUL.TANT7s Authotizcd Rcpresentativc shall not bc changed without the prior written norice to and agreement of the COUNTY.

ARTICLE 9: TERMINATXQB --

9.1 This Agreemcllt may be terminated by ciI:her party a t any time wirh or without cause upon giving fourteen (14) calendar days prior written notice. If this Agrcement is so tcrminatcd, thc COUNTY shall wi1:hin 30 days of termination pay the CONSULTANT for Services satisfactorily completed. LIP to clatc of termination.

9.2 Tllc COUNTY may suspend work called for in an nut-ho~.ized Taslc Ordcr Tor a pcriod not to exceed sixty (60) days. In the event of such suspension, the COUNTY shall pay the CONSULTANT for the work satisfactorily complei:ed up to the date of suspension.

ARTIC-LEI.: CONSULTANT'S A C C B 2 T I N G R E C m S .

Rccords of Reunbursable Expenses and expenses pertaining to Serviccs performed on the basis of a Multiple or Direct Labor Costs, Not-To-Exceed (NTE) f'c, or Dircct Personnel Expense shall be kept on the basis of generally acccptcd accounting principals and shall be available to the COUNTY or the COUNTY's reprcscntativc at mul~~ally convenient times.

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13.1.4 Professional Liability Insurance (including error and omissions)

13.2 The duration of the CONSULTANT'S insurance coverage shall extend beyond the completion of the Services provided under this Agreement in accordance with Florida Statutory requirements, if available, and if unavailable, the CONSULTANT agrees to obtain and maintain in effect policies which will extend such coverage following completion of the Services provided under this Agreement in accordance with Florida Statutory requirements. Certificate(s) of insurance shall name the COUNTY as an additional insured under the CONSULTANT'S comprehensive general liability and automobile liability policies and shall provide thirty (30) days written notice to the certificate holder prior to cancellation or modification of coverage.

m I C L E 14: CONTROLLING LAW/DISPUTE COSTS

14.1 This Agreement, the rights and obligations of the parties hereto, and any claims or disputes relating thereto shall be governed by, interpreted, construed, and enforced in accordance with the laws of the State of Florida.

14.2 If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute cannot be settled through direct discussion between the parties, then the parties agree to first endeavor to settle the dispute in an amicable manner by mediation before having recourse to a judicial forum.

14.3 In the event a dispute shall arise under or about this Agreement, then the prevailing party therein shall be entitled to recover from the non-prevailing party all costs, expenses, and attorney's fees which may be incurred on account of such dispute, whether or not suit or other legal or quasi-legal proceedings may be brought, as well as at every stage of any such proceedings from the time such dispute first arises through trial or other proceedings and all appellate processes.

14.4 Venue of any litigation shall be exclusively in the County of Taylor County, Florida.

ARTICLE 15: INDEPENDENT CONTRACTOR

The CONSULTANT shall be an independent contractor with respect to the services and regulations with respect to, and will obtain all applicable licenses and permits for, the conduct of its business and the performance of Services pursuant hereto.

ARTICLE 16: SUCCESSORS AND ASSIGNS

16.1 This Agreement shalt be binding upon the COUNTY and the CONSULTANT and their respective partners, successors, heirs, assigns, and legal representatives.

16.2 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the COUNTY and the CONSULTANT, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the COUNTY and the CONSULTANT and not for the

Page 8 of 12

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benefit of any other party. Neither the COUNTY nor the CONSULTANT shall assign, sublet, or transfer any rights under or interests (including, but without limitation, monies that may become due or monies that are due) in this Agreement without the written consent of the other. However, nothing contained herein shall prevent or restrict the CONSULTANT from employing independent professional associates or subconsultants as the CONSULTANT may deem appropriate to assist in the performance of services hereunder.

ARTICLE 17: SUBCONSULTANTS

17.1 For purposes of this agreement, the following firms shall be deemed approved Subconsultants as part of the CONSULTANT design team:

- Delta Land Surveyors, Inc. - Environmental and Geotechnical Sciences (EGS), Inc.

17.2 The CONSULTANT shall have the tight, with the COUNTY'S prior written consent, which shall not be unreasonably withheld, to employ other f m s to serve as subconsultants to the CONSULTANT in connection with the CONSULTANT'S performance of the Basic Services and any Additional Services hereunder.

17.3 The CONSULTANT agrees, at the COUNTY'S written request (which may be made by the COUNTY with or without cause), promptly to terminate the services of any such subconsultant and promptly replace each such terminated person ox fh with a person or fum of comparable experience approved by the COUNTY in writing.

ARTICLE 18: PWILEGED INFORMATION

The CONSULTANT agrees, during the period of this Agreement, not to knowingly divulge, furnish or make available to any third person, firm or organization, without the COUNTY'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any information concerning the services to be rendered by the CONSULTANT or any subconsultant pursuant to this Agreement.

ARTICLE 19: NONDISCRlIElgNATION

The CONSULTANT agrees to comply with all local, state, and Federal laws and ordinances regarding discrimination in employment against any individual on the basis of race, color, religion, sex, national origin, physical or mental impairment, or age. In particular, the CONSULTANT agrees to comply with the provisions of Title 7 of the Civil Rights Act of 1964, as amended, and applicable Executive Orders, including, but not limited to, Executive Order No. 11246.

ARTICLE 20: CONTINGENCY FEES

The CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the CONSULTANT to

Page 9 of 12

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solicit or sccusc this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than 21 bona fide cmployce working solcly for thc CONSULTANT any fcc, commission, percentage, gift, or any other consideration, conli~lgcnt upon or resulting from [he award or making of this Agrcerncnt.

ARTICLE 21: WARRANTY

Thc CONSULTANT warrant.s that its Services under this Agrccmen~ shall bc performcd in a thorough, efficient and workmanlike manner! promptly and with duc diligence and carc, and in accordance with rhe practice of thc profession.

ARTICLE 22: ESTIMATES -OF PROBABLE COSTS

If and as requcsted in an authorizcd Task Order, thc CONSULTANT shall provrde opinions of cost, financial analyses, cconomic feasibility projections, and schedules for Services to the best of its ability based on llistorical obscrvat~ons of thc cost or pricc of labor and materials in cornparablc prqjccts. Thc CONSULTANT makes no warranty that thc COUNTY's actual prolcct cosls, financial aspects, cconomic feasibility, or schedules will not vary fiom thc CONSTILTANT'S opinions, analysts, projections, or estimates.

ARTICLE 23: FORCE MAJEURE:

Thc CONSULTANT is no[ responsible Ibr damages or dclay in performance causcd by acts of God, strikes, lockouts, accidents, or other events beyond tllc control of ~ l l c CONSU1,TANT. In ally such event, the CONSULTANT'S contract pricc and schcdule shall be equitably adjusted.

ARTICLE 24: LIMITATION OF LIABILITY

Tlic CONSULTAN'T shall not bc held liable for the acts or omissions of thc COUNTY'S contractors, subcontractors, vendors or their employees and agents.

ARTICLE 25: SHOP DRAWING REVIEW

25.1 As rcquircd per authorizcd 'Task Order, thc CONSULTANT shall revictv constn~ction contractor submittals, such as shop drawings, product data, samples and othcr data, only for thc limited purpose of checking for conformancc with thc dcsign conccpt and thc information cxpresscd in Ihc contract documcnts

25.3, Tllc CONSULTANT'S rcvicw shall be conducted with reasonable promptness while allowing sufficient timc to pcrmit adequatc review. The CONSULTANT shall nor be requircd to review partial submission or those for which submissions of correlated items havc not becn rcccivcd, until such time that full submission or correlarcd items arc rcccivcd.

ARTICLE 26: WAIVER

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The waivcr by eitiier party of any brcach of any term, covenant, condition or agreement contained hcrcin or any dcfault in tlie pcrformaricc of any obligations hcrcundcr shall not bc dccmcd to bc a walvcr or any othcr brcach or dcfault of the samc or. of any otlicr term, covenant, condition, agreement or obligation. No waiver of any rights undcr this Agrecmcnt shall bc binding unlcss it is in writing signed hy ~ h c party waiving such rights.

ARTICLE 27: TITLE TO PLANS AND SPECIFICATIONS

Drawings, calculat~ons, specifications, reports, plans, ficld data, computer softwarc cnhanccmcnts, CAD files and sucll othcr data and information compiled or prcpared by the CONSULTANT pursuant to this Agreement which thc COUNTY may rcquirc CONSU1,TANT to supply in accordance with thc Agreemcnt, shall be and shall rcmain the propcrty of the COUNTY. Any rcusc of the above refcrcnccd work product othcr than for tlie spccific projcct and inrcnt for which thc information was prepared by thc CONSULTANT shall bc at user's sole r~sk and without liability to tlic CONSULTANT.

ARTICLE 28: SEVERABILITY

I f any provision of this Agreemcnt or ally application thereof to any pcrson or circumstances shall, to any cxtcnl, be invalid, thc rcmaindct. of this Agreement or thc application of snch provision to persons or circumstances other than those as to whicl~ it is held invalid shall ;lot be afSccted tl~cl-cby, and each provision of this Agrecmcnt shall be valid and enforccd to t l ~c f~rllest cxtcrlt pcrmittcd by law.

Any and all noliccs rcqliircd or authorized to bc given pursuant to this Agrccmcnc, shall be givcn in writing and citllcr hand-dclivcred, scrlt by facsimile or addressed arid scrlt by ccrtificd or rcgistcrcd mail, postage prepaid, and return reccipr rcqucstcd, i1s follows:

Ti to COUNTY: Taylor Co~lnty Board of Corrnty Commissioners 20 1 East Green Strcet Pcrry, Florida 32347 Attention: Ms. Mclody Cox

If to CONSIJL'TANT: AVCON, INC. 320 Bayshorc Drive, Suite A Niccville, Florida 32578 Attention: Mr. Virgil C. "Lec" Lcwis, P.E

ARTICLE 30: HEADINGS

The hcadings of the sections of Lhis Agreemcnt arc lbr the purposc of convcnicnce only and shall not be dccmcd to expand or limit the provisions contained in such SCCtlOllS

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ARTICLE 31: ENTIRE AGREEMENT

This Agreement (consisting of pages 1 through 12, inclusive) together with Exhri 1: Task Order, Exhibit 2: Compensation and Payment, and each separately authorized Task Order issued hereunder, constitutes the entire and integrated Agreement between the COUNTY and the CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement and said attachments may only be amended, supplemented, modified, or canceled by written instrument signed by an authorized representative of each party to be bound thereby.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives as of the day and year first above written.

Accepted by:

COUNTY

Accepted by:

CONSULTANT

TAYLOR COUNTY BOARD OF AVCON, INC. COUNTY COMlMISSTONERS

By: By:

Printed Name: Malcolm V. Page Printed Name: Sandeep Singh, P.E.

Title: Chair Title: President

ATTEST: . .

i .' :-h au, BY: - By:

, . .".. Printed: ,Name: Annie Mae Murphv Printed Name: Vir~ i l C. Lewis, P.E.

. ..

Title: Clerk Title: Regional Manager

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EXHIBIT. 1: TASK ORDER (SAMPLE)

Professional Engineering, Planning, Design, and Construction Management Services Peny-Foley Airport

Task Order No.

AVCON, INC., a Florida Corporation (hereinafter "CONSULTANT',) agrees to perform and complete the following services (hereinafter "Services") for the Taylor County Board of County Commissioners (hereinafter "COUNTY"), in accordance with the terms and conditions of the Agreement for Professional Engineering, Planning, Design, and Construction Management Services, dated , , all of which terms and conditions are incorporated herein by reference.

1. Task Location: Perry-Foley Airport Perry , Florida

2. Task Name:

3. Task Description/Scope of Services:

4. Compensation:

5. Schedule:

6. Deliverables:

7. Othet Considerations:

Accepted by: Accepted by:

Taylor County Board of AVCON, Inc. County Commissioners

By: By:

Printed Name: Malcolm V. Par~e Printed Name:

Title:. Chair Title : ~

ATTEST: ATTEST:

By: By:

Printed Name: Annie Mae Murphy Printed'Name:

Title: Clerk Title:

Exhibit I - Page I of 1

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Statement of Issue: Board to Approve Satisfaction of Second Mortgage for Florestine Powell. Ms. Powell received First Time Home Buyers Down Payment Assistance through the SHlP Program January 13, 2006 in the amount of $9,067.98. All terms of the Second Mortgage and Promissory Note t~ave been satisfied.

Recommended Action: Approve Satisfaction of Second Mortgage

Fiscal Impact: Not Applicable

Submitted By: Melody Cox

Contact: Melody Cox

SUPPLEMENTAL MATERIAL 1 ISSUE ANALYSIS

History, Facts & Issues: Florestine Powell received First Time Home Buyers Down Payment Assistance through the SHlP program January 13, 2006 in the amount of $9,067.98 All terrns of the Second Mortgage and Promissory note have been satisfied.

Attachments: Satisfaction of Second Mortgage

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SATISFACTION OF SECOND MORTGAGE

KNOW ALL MEN BY THESE PRESENTS: That We, TAYLOR COUNTY, FLOFUDA, the owners and holders of a certain Second Mortgage Under Taylor County, Florida Local Housing Partnersl~ip Down Payment Assistance Program executed by FLORESTINE POWELL, a single person, bearing date the 13th day of January, A. D. 2006, recorded in Official Records Book 565, pages 833-841, in the office of the Clerk of the Circuit Court of Taylor County, State of Florida, secul.ing a sum of $9,067.98, and certain promises and obligations set forth in said mortgage deed, upon the property situate in said State and County described as follows, to-wit:

LOT 10, BLOCK 5, BLAIR AND HINLEY ADDITION, AS PER MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 1 PAGE 9, OF THE PUBLIC RECORDS OF TAYLOR COUNTY.

hereby acknowledge full payment and satisfaction of said note and mortgage deed, and surrender the same as cancelled, and hereby direct the Clerk of the said Circuit Court to cancel the same of record.

WITNESS my hand and seal this day of ,201-. Signed, Sealed and Delivered in Presence of:

(SEAL) LONNIE A. HOUCK, Chairperson BOARD OF COUNTY COMMISSION TAYLOR COUNTY, FLORIDA

ATTEST:

ANNIE MAE MURPHY, Clerk

STATE OF FLORIDA COUNTY OF TAYLOR

I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared LONNIE A. HOUCK, to me lulown to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same.

WITNESS my hand and official seal in the County and State last aforesaid this day of ,201-.

NOTARY PUBLIC

My Commission Expires:

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Budgeted Expense: NIA

Submitted By: John Singer, Environmental Services Director

Contact: 838-3533

SUPPLEMENTAL MATERIAL I ISSUE ANALYSIS

History, Facts & Issues: At its Workshop of October 26,2010, the Board reviewed revisions to previously adopted Animal Control policies with Staff. These policies include:

2009-07 Animal Redemption Fees 2009-22 AggressivefDangerous Dogs 2009-24 Rabies Quarantine Procedures after Animal Bite

Options: nfa

Attachments: Policies

-- - -

the second ~ o r t ~ a ~ e and ~romiss~ry~note have been satisfied.

Attachments: Satisfaction of Second Mortgage

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SATISFACTION OF SECOND MORTGAGE:

KNOW ALL MEN BY THESE PRESENTS: That We, TAYLOR COUNTY, FLORIDA, the owners and holders of a certain Second Mortgage Under Taylor County, Florida Local Housing Partnership Down Payment Assistance Program executed by JONATHAN REYNOLDS, bearing date the 7'h day of October, A. D. 2005, recorded in Official Records Book 559, pages 622-629, in the office of the Clerk of the Circuit Court of Taylor County, State of FIorida, securing a sun1 of $6,800.00, and certain promises and obligations set forth in said mortgage deed, upon the property situate in said State and County described as follows, to-wit:

COMMENCING AT THE NE CORNER OF THE SE % OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 7 EAST, THENCE RUN SOUTH 343 FEET, THENCE RUN WEST 73.3 FEET FOR A POINT OF BEGINNING, THENCE RUN SOUTH 296.5 FEET TO STATE ROAD NO. S-256, THENCE RUN WEST ALONG THE NORTH LINE OF THE SAID ROAD 146.7 FEET, THENCE RUN NORTH 296.5 FEET; THENCE RUN EAST 146.7 FEET TO THE POINT OF BEGINNING, CONTAINING ONE ACRE, MORE OR LESS. ALSO: COMMENCING AT THE NW CORNER OF THE SW % OF NE % OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 7 EAST, THENCE RUN SOUTH 343 FEET FOR A POINT OF BEGINNING, THENCE RUN WEST 73.3 FEET, THENCE RUN SOUTH 296.5 FEET TO THE STATE ROAD NO. S-256, THENCE RUN EAST ALONG THE NORTH LINE OF SAID ROAD 146.7 FEET, THENCE RUN NORTH 296.5 FEET, THENCE RUN WEST 73.4 FEET BACK TO THE POINT OF BEGINNING, CONTAINING ONE ACRE, MORE OR LESS.

hereby acknowledge full payment and satisfaction of said note and mortgage deed, and surrender the same as cancelled, and hereby direct the Clerk of the said Circuit Court to cancel the same of record.

WITNESS my hand and seal this - day of ,201-.

Signed, Sealed and Delivered in Presence of:

(SEAL) LONNIE A. HOUCK, Chairperson BOARD OF COUNTY COMMISSION TAYLOR COUNTY, FLORIDA

ATTEST:

ANNIE MAE MURPHY, Clerk

STATE OF FLORIDA COUNTY OF TAYLOR

1 HEREBY CERTIFY that 011 this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared LONNIE A. HOUCK, to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same.

WITNESS my hand and official seal in the County and State last aforesaid this day of ,201-.

NOTARY PUBLIC

My Commission Expires:

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I I MEETING DATE REQUESTED: 1 Januarv 3,201 1

Statement of Issue: Board to discuss the upcoming funding cycle for the 2010-2011 LWCF grant cycle. If the Board approves moving forward with possible submission of grant application, two public hearings would need to be set for January 18 and February 7, 201 1. The grant application would need to be approved at the February 7, 2011 Board meeting due to grant submission timelines.

r - TAYLOR COUNTY BOARD OF COlVlMlSSlONERS County Commission Agenda Item

Recommended Action: Board to discuss LWCF grant program and set dates for two public hearings.

SUBJECTITITLE:

Fiscal Impact: A maximum of $200,000 may be requested through the program, however a match is required for projects over $50,000.

Board to discuss upcoming funding cycle for the 2010-201 1 Land and Water Conservation Fund grant program (LWCF).

Budgeted Expense: YIN

Submitted By: Melody Cox

Contact: Melody Cox

SUPPLEMENTAL MATERIAL I ISSUE ANALYSIS

History, Facts & Issues: The Land and Water Conservation Fund grant program is administered by the Florida Department of Environmental Protection but is federally funded. Projects over $50,000 require a cash match. The County has not submitted application to this grant program in the past. If a grant is awarded to the County, funds would not be received until July 2012. Priority is given to projects located on coastlines andlor waterfronts. Two possible projects sites for the County would be Keaton Beach Coastal Park and the Ideal Marina site in Steinhatchee.

Options: Not move forward with submitting application to the LWCF grant program.

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Charlie Crist Governor

,. $,?< @Z$< Marjory Stonernan Douglas Building ha 3900 Commonwealth Boulevard, MS ik 585

Tallahassee, Florida 32399-3000

November 29,2010

TO: Interested Parties

FROM: The Office of Information and Recreation Services Division of Recreation and Parks

Jeff Kottkamp Lt. Governor

Mirni A. Drew Interim Sec~etary

SUBJECT: Land and Water Conservation Fund (LWCF) FY 2010-2011 Application Submission Period Announcement

The Department of' Environmental Protection (DEP) has established an application submission period for the Land and Water Conservation Fund for fscal Year 2010-2011.

Submission Period .-----..

Tuesday, February 1,2011 - Tuesday, February 15,2011 Applicntions must be posfinurked by Februa y 15,2011

Matching Ratio: **'Total Project State Share Grantee Share Cost (Gra-14 (Local MatchJ, $50,000 or less 100% 0 $50,001 - $150,000 75 % 25 X $Over $150,000 50% 50%

Total Project Cost = Grant Amount + Local Match

Maximum Grant Amount: $200,000.00 Total Number of Active Projects Allowed: Two

Total Number of AppLications Allowed During Each Submission CycIe: One

EligibIe applicants M u d e all locd governments, incorporated municipalities of the State of Florida, and other legaI constituted local governmental entities of the state with legal responsibility for khe provision of outdoor recreation sites and facilities for i l~e use and benefit of the public.

For applications or further information pIease call our office at (850) 245-2501, visit our webpage at unuw.de~.sfa~.fl.us~~a.rl(s/oirs, or ernail An~e.Brigh~dep.stnfe.A.us.

"More Protection, Less Proces.sJ' www. dep.state.fl. .us

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NATIONAL PARK SERVICE U. S. DEPARTMENT OF THE INTERIOR

LAND AND WATER CONSERVATION FUND STATE ASSISTANCE PROGFUM

FEDERAL FINANCIAL ASSISTANCE MANUAL Volume 69

Effective Date: October 1,2008

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Florida 1)epartment or' Environmental lJrotection (FUEI-') - llivision oi"IJarks and lcecreati ... Page I of 2

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Ad Office o f I n f o rma t i on and Recreation Services (OIRS)

What is the Land and Water Conservation Fund Program? LWCF is a competitive program which provides grants for acquisition or development of land for public outdoor recreation use.

How is LWCF Administered? Florida's Department of Environmental Protection (DEP), Division of Recreation and Parks, Bureau OF Design and Recreation Services, administers the program on behalf of the U.S. Department of the Interior, National Park Service. The Program is governed according to Florida Statutes, Administrative Code and the LWCF Grants Manual.

Who May Apply for LWCF Funds? All local governmental entities with the legal responsibility for the provision of outdoor recreational sites and facilities for the use and benefit of the public.

How Do I Apply? Join our Applicants must submit a completed LWCF grant application during an announced submission period.

Mailing List! Applicants may submit only one application during the submission period. Applications must involve only one project site except for acquisition or development of sandy beach access.

Enter your e-mall What is the Maximum Grant Amount? address The maximum grant amount will be announced prior to the submisslon period.

Sign I J ~ What is the LWCF Matching Ratio? The matching ratio is one applicant dollar to one federal dollar for all LWCF grant awards (50% / 50%).

What Can I Use to Match a LWCF Grant? *Cash; *In-kind services; *Value of donated real property owned by applicant (must be pre-approved by DEP).

What may LWCF Funds be used for?

Development: Outdoor recreation areas and facilities such as beaches, picnic areas, trails, ball fields, tennis and basketball courts and playgrounds along with associated support facilities such as lighting, parking, restrooms and landscaping. Enclosed buildings and structures (except restrooms, restroom/concession buildings and bathhouses) are ineligible.

" Acquisition: Land for outdoor recreation purposes.

Must an applicant own the project site? For development projects, the applicant must own the project site or lease it from a public agency by the closing date of the application submission period. Land owned or leased by the applicant must be dedicated in perpetuity as a public outdoor recreation area.

How are LWCF Grants Awarded? Each application is reviewed to determine eligibility. The Bureau of Design and Recreation Services evaluates each eligible application according to the Florida Administrative Code and the LWCF Manual, and assigns a final score. Based on the scores, the Bureau prepares and submits a recommended priority list to the Secretary of the DEP for approval. State approved projects are then submitted to the U.S. Department of the Interior, National Park Service for final review and award.

I f an applicant is awarded LWCF funds, what are the major requirements?

Project Agreement: DEP and the grantee will enter into an agreement setting forth conditions consistent with DEP policy, the Florida Administrative Code and the LWCF Manual.

)? Completion Time: Grantees may be allowed up to three years from the effective date of the agreement

to complete development projects, and one year for acquisition projects. )) Payment Schedule: Grantees will receive LWCF funds on a reimbursement basis. ;) Project Plans: Development projects shall have final plans prepared and certified by an engineer or

architect registered in the State of Florida. '' Project Accessibility: A recipient of federal funding may not, directly or through contractual or other

arrangements, on the grounds of age, race, color, sex, national origin, physical or mental disability, deny an individual any service or benefit which could otherwise be reasonably provided.

" Site Dedication: LWCF assisted park land must be dedicated as a public outdoor recreation area in perpetuity. Grantees must commit to operate and maintain LWCF assisted public recreation facilities in

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reasonable repair for a minimum of 25 years after completion of construction to prevent undue deterioration.

'' Land Acquisition: Unless approved by DEP in advance, formal negotiations for acquisition of a LWCF

assisted site may not begin until the grant is awarded by the National Park Service. Grantees have up to three years to develop the property arter purchase.

Who Do I Call for More Information? Department of Environmental Protection Division of Recreation & Parks Office of Information and Recreation Services 3900 Commonwealth Boulevard, MS #585 Tallahassee, Florida 32399-3000 Phone (850) 245-2501 Fax (850) 245-3038

Back to OIRS Horneoaqe Last updated: October 14, 2009

3900 Commonwealth Blvd . Tallahassee, Florlda 32399 Information Llne: (850 ) 245-2157

Contact US

DEP Horne 1 About DEP 1 Contact Us I Searctl I Site Mau ----

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6 Outdoor Facility Needs Ranked by Priority Index: Population Density 2 1

Rank Renovation Construction

Facility

1 Rest Rooms 2 Support Facilities

Facility

Support Facilities Cluster I Rest Rooms

3 P l a ~ r o u n d s Playgrounds

4 Baseball Fields Softball Fields 5 Tennis Courts Soccer Fields Cluster I1 6 Softball Fields Baseball Fields 7 Basketball Courts Basketball Courts 8 Boating Facilities Piciuc Facilities Cluster 111 9 S w i m i i ~ g PooIs Swimming PooIs 10 Picnic Facilities Football Fields 11 Soccer Fields Te~mis Courts 12 Exercise Trails Handball Courts 13 Foo tbaIl Fields Nalure Trails Cluster IV 14 Shuffleboard Courts Bike Trails

15 Handball Courts Boating Facilities 16 Beach Access 0 ther 17 Fishing Piers Exercise Trails 18 Camping Golf Courses Cluster V 19 Bike Trails Hiking 'Trails 20 Nature Trails Fishing Piers 21 0tl1er Camping 22 Golf Courses Beach Access 23 Hiking Trails Historical Facilities 24 Historical Facilities Horse Trails Cluster VI 25 Horse Trails Sl~uffleboard Courts

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Population Density 2 - Populatiol~ from 10,000 to 24,999

FPS - A047 20