U.S. POSTAGE PAID
The Franklin CountyChronicle
Volume 2, Number 19 Published twice monthly on the 10th and 26th 10 October -25 October 1993
By George H. Malone
Apalachicola is fortunate to have in its midst three professional art
galleries owned and operated by three women of vision, who also
ave faith in the future growth and development of the city. They all
chose Apalachicola because of this faith-and a lov
itself-none of them being natives.
LONG DREAM GALLERY
The oldest of the three galleries is Kristin Anderson's
Gallery, located at 32 Avenue D, just west of the post
matter of fact, whether by accident or design, all three
grouped around the post office.)
Kristin opened her gallery in 1985-but not without a
effort. Ajewelry-maker from Madison, Wis., discovered
in March of 1985 on her way to an art fair in Tampa and
of chopping ice off (her) roof and needing more space,
settle here. She returned to Wisconsin, put her house on
sold it, settled her affairs there and came back here. Wit
obtained from the sale of her house she made a down pa%
present building, which she chose on her first visit, ant
turning it into,first, a workshop so that she could produ
and, second, a gallery so that she might display and s
Continued on page 2
4. Does the Sunshine Law apply to the Governor a.
the Legislature, the Judicial Branch, or Constitution
a. Governor and Cabinet
It has generally been recognized that when the Gover
Cabinet are exercising their constitutional duties, the St
Is not applicable. Thus, the Governor and Cabinet in
pardons and the other forms of clemency authorized b3
IV, State Const, were not subject to s. 286.011. Cf., In
Opinion of the Governor, 334 So.2d 561 (Fla. 1976) ((
sufficiently prescribes rules for the manner of exercise of g
clemency power; legislative intervention is, therefore, un
[Note that there is a distinction between the pardon po
parole power. The activities of the Parole Commission as
commission created by law in carrying out its res
relating to parole are subject to the Sunshine Law
Wainwright, 379 So.2d 148 (1 D.C.A. Fla., 1980), c
remanded, 389 So.2d 1181 (Fla. 1980).]
Section 286.011, however, does apply to the Governor
when sitting in their capacity as a board created by the
such as the Board of Trustees of the Internal Improv
Fund, the State Board of Education, the head of the De
Natural Resources, etc. In such cases, the Governor and
not exercising powers derived from the Constitution bu
to the "dominion and control" of the Legislature.
Effective July 1, 1993, s. 24, Art. I, State Const., will
meetings of "any collegial public body of the executive br
government" be open and noticed to the public. The onl
are those meetings which have been exempted by the
pursuant to s. 24, Art. I, or which are specifically cl
The new constitutional provision guaranteeing access
and records, s. 24, Art. I, State Const., which takes e
1993, requires that meetings of the Legislature be open
as provided in s. 4(e), Art. II, State ConstL, except wit
those meetings exempted by the Legislature pursuant
I, or specifically closed by the Constitution.
Continued on page 6
Attorney Shuler Reports to
Board page 3
St. Patricks Church and
Holy Familypage 4
Commission page 5
Ken Cope To Be Honored
ve f the city CARRABELLE
By Rene Topping
At their regular October 4 meeting,
Carrabelle City Commissioners
gave approval to a a brand new mj
subdivision contingent that
attorney Bill Webster finds V
everything in order on the plat.
The subdivision, named Forest
Trees, will be located on the
s landward side of River Road
A ' between the Christian church and
the first creek.
It will be the second subdivision
approved in the last few years and
i' ,51 will provide twenty, one acre
i building lots for people to chose The.
*L I from. Owners, Ivan (Tater) and Of
Freda White, also asked the Oi,
commission to rezone the land to vol
from R2 to Rl. This subdivision will dev
continue the westward expansion, Exh
of homes on the west side of the Fair
Carrabelle River. Flor
office. (As a Fire Chief Bonnie Kerr asked for
galleries are and received, permission to The
transfer remaining the $950 of a pre]
multi department grant from Fail
great deal of MSBU funds to provide match for 28t
Apalachicola a grant to upgrade the county fire Nov
, being "tired communication system. The chief.
," decided to said that the funds will be used to no
i the market, improve the system so that all the
th the money departments on the side of the Fra
yment on her Apalachicola River will be able to visi
d got to work communicate with one another.
ce her pieces The money will be used to buy a Nex
ell. 200 watt transmitter to replace Sta
the departments which will then
permit the 100 watt transmitter to Feb
act as back up in case of a The
hurricane -or other disaster. All "Ce
departments will contribute Div
monies to the match.
Bernadine Smith was the Ifyc
T IN successful bidder on a contract to wit.
record, transcribe and provide the
record storage of minutes of the Offi
city meetings. Her bid of $20 a
meeting and $2.00 a page for 1-
transcription with her supplying LJ
all equipment and supplies, won
d Cabinet, out over one by Virginia Boyd. A
allyCreated motion by Commissioner Jim
Phillips to still keep and use the
city recorder was unanimously TJ
nor and the approved.
unshine Law Two bids were received and opened
dispensing for the selection of a general Plan
y s. 8(a), Art. engineer for the city. However, no St.
t re Advisory action could be taken on the matter that
Constitution because the city attorney is out of the
,ubematorial town. Commissioners will study of r
warrantedd. the bids and the vote at the next sent
awer and the meeting. The first reading of an Mon
an executive ordinance to ratifyprevious actions front
ponsibilities that closed alleys within the city of b
7ffrrr nj was heard. mor
l Cabinet are
it are subject
anch of state
lose by the
effect July 1,
th respect to
to s. 24, Art.
Continued on page 6
Industry on the
Franklin County Extension
ce is currently looking for
inteers to help plan and
elop the Franklin County
ibit for the North Florida
Sin Tallahassee and the
ida State Fair in Tampa.
first job at hand is to
pare for the North Florida
r that begins on October
h and runs through 7
ember Although, there is
official theme for the fair,
idea is to highlight what
nklin County has to offer
tors to our area.
Kt comes the 90th Florida
te Fair that runs from
ruary 4th 20th, 1994.
theme for this year's fair is
ersity" 1904 1994.
ou are interested in helping
h these exhibits, please call
Franklin County Extension
station Association sources on
George Island have revealed
1 Helen Spohrer, a member of
Plantation Association Board
directors St. George Island,
t a letter of resignation on
iday, 4 October 1993, resigning
i the Board. she cited reasons
business activity demanding
re of her time as a reason
opting her resignation. Mrs.
hrer is the owner of Resort
Ity on St. George Island.
By: Debe Beard
Composting was the topic of the
day at Tuesday's Franklin County
Board of Commissioners meeting,
with the Board denying a citizen s
request for a public hearing on the
matter, while accepting money
from O group of seafood dealers to
launch a composting project at
the County Landfill.
The Board agreed to accept $5,000
from Olin "Buddy" Ward,
Incorporated, in order to apply for
a permit to begin a composting
project at the county landfill.
Seafood dealer Donnie Wilson told
the Board that many Franklin
County shrimp and scallop dealers
were interested in the project and
had agreed to put up the permit
money. Regulations from the
Environmental Protection Agency
have severely restricted the
disposal of waste from seafood,
Wi son stated, adding that the
Florida Marine Patrol had not
issued any citations for the
dumping of shrimp heads into the
Apalachicola River and Bay, but
many dealers had received
warnings. A motion made by
Commissioner Jimmy Mosconis,
to accept the permit fee, included
provisions for dealers who donated
the initial $5,000 to received credit
for tipping fees or to be reimbursed
once the project is running.
After a lengthy and sometimes
heated discussion, Bob Allen's
request for a public hearing
concerning composting on his land
was denied. Allen had received, on
17August, approval from the board
to begin a composting project on
his land in the Carrabelle Industrial
Park. On 20 September, the Board
rescinded it's motion to approve
the project, at which time Allen
filed a protest, claiming Florida
* statutes governing administrative
procedure had been violated.
CountyAttorneyAl Shuler advised
the Board that they had acted
correctly with their actions of 20
SSeptember as no ordinance or
resolution had been adopted.
Shuler also counseled the Board
that their only course of action
would be to either accept the
Planning and Zoning Board's
- decision, that agricultural lands,
not industrial, were best suited for
composting seafood waste, or to
amend the zoning code to allow
seafood composting in the zoning
category of the site, which is
industrial.(The Shuler Report to
the Board is printed on page 3)
Before the Board could move on to
the next item of business, Allen
inquired if he would get the public
hearing he had requested. After a
spirited debate, Commissioner Ed
Tolliver moved to set up a public
hearing in two weeks time. At this
point in the meeting, several River
Road residents stated that an
administrative hearing on the
matter, with the Department of
Environmental Protection, was
scheduled for 28 October.
Commissioners could not agree
on whether to hold public hearing
prior to or following the
Tolliver's motion was rescinded,
another made by Commissioner
Bevin Putnal to hold the hearing
on 2 November but received no
second. When informed he would
not be allowed the public hearing,
Allen responded "At least you did
something, don't change your
minds while I'm gone".
Continued on page 6
By John C. McDonald
Income from the scallop industry
this year in Franklin County will
exceed combined income from
oystering and shrimping.
That was the forecast made
Wednesday by Lester Todd and
Tim Saunders of Timber Island
and by Johnny Millender of
Millender and Son Seafood,
Carrabelle. Todd is plant manager
of the Lambert International
fisheries operation at Pirates
Landing Marina, Timber Island,
and Saunders is proprietor of the
Lambert employs 35 Carrabelle
residents in its processing
operation plus 20 crew members
of the five former shrimp boats
that make 24-hour round trips to
the scallop beds about 30 miles
offshore. Millender workers
comprise 32 processors and 12
crew members on four boats. The
latter said his employees weXreonce,
jobless people hired to work
fulltime on eight-hour shifts.
Lambert also works a single, eight-
hour shift in processing scallops,
but looks forward soon, the
manager hopes, to instituting a
second shiftwhen the scallops and
beds now available become larger.
Most of the scallops now caught
were babies when the big beds
that were fished for six months
(from October 1992 to last March)
died out or moved on. When the
two firms began processing again
two months ago, they sought a
unit size that produced at least
one pound of meat from 275
scallops. Now the count has risen
to 200 per pound, on average. The
beds themselves are perhaps 10
feet deep, 10 miles or more wide,
and about 35 miles long. Probably
there are four or five such beds,
and at least one of them is reputed
to be twice the size of the bed that
was fished forsixmonths lastyear.
Lambert hauled last year's catch
in the shell to its headquarters
plant in Cape Canaveral, where
380,000 gallons or more than three
million pounds of scallop meat
were produced. Nowithas installed
$1,500,000 worth of modern
equipment at Pirates Landing, and
the processing jobs and meat
distribution remain in Carrabelle.
Millender, some what ruefully, calls
his own operation "a dinosaur" by
com prison. "But it works pretty
good,"he smiles. "I'm proud of it,
and proud of the people working
here." His workers do by hand, for
Continued on page 6
Because of boats traveling at
excessive speed causing wakes in
the Eastpoint channel, which in
turn cause congestion, navigation
hazards and boat damage, the
Franklin County Commission, last
Tuesday, 5 October 1993, enacted
an ordnance to "slow down" traffic
in the Eastpoint channel, "...at
any speed greater than that which
is necessary to maintain
The area affected includes all of
the Eastpoint channel parallel to
the shore line (not including the T
or access channel) between its
northeasterly end to its
southwesterly end. Volation of this
ordinance shall be a misdemeanor
of the second degree punishable
according to law.
P2%bq 2. *; 10 O b 19 The F County C P t m t oh
Three women... .Continued from page 1
On the choice of Apalachicola she says, "When I first saw the town
I thought it was a lovely place but was so run-down that I thought
that I might afford to get in." But, she thought it looked, like it was
going to grow and improve-the Gibson Inn was undergoing its
renovation at the time-and then she found a church to her liking.
These, she stated, were the two deciding factors in her move here.
She was greeted her first weekend here by Hurricane Elena. Later,
when she had the gallery officially opened on 1 November, in time for
the Seafood Festival, Hurricane Juan appeared in the Gulf and put
the kibosh on that. Three weeks later Hurricane Kate arrived on
Thanksgiving Day and proceeded to take the roof off her building.
She hurridly got everything off the floor and covered and luckily lost
Sno art pieces, only a calculator. She says that the rain's coming in
.--had one beneficial effect: it helped to clean out the old and long-
neglected building. "It smelled better," she says. With hard work she
got the gallery re-opened in time for the Christmas season that year.
She further states that she would not have been able to start her
gallery without the help of her many art-fair friends from around the
country who agreed to send her things to get started with.
Business was immediately good, and by March of '86 she found it
necessary to hire an assistant. Long Dream Gallery now represents
over 100 artists, all American and all living, including a number of
local artists, and their work includes jewelry, glass, ceramics,
sculpture, paintings, stained glass and toys, most on consignment.
Kristin says that nearly half of what she sells is her own work, gold
and silver jewelry with enameling and stones.
She further says that the "secret" of her success is that she has
recognized and acted on the fact that there is a larger local market
than it might seem. Thirty percent of her business, she says, is from
Franklin County, with the rest from visitors, and she has aimed to
serve both markets. "Why walk with only one leg?" she asks.
The name of Kristin's gallerywas borrowed from the English mystery
writer Michael Ennis who has written about the village of Long
" "Dream. Kristin says the name simply appealed to her.
As was said earlier, Kristin is a jewelry-maker, with a Master of Fine
Arts in Art Metal from the University of Wisconsin. In 1967-68 she
'worked as an enamelist at the David Andersen A/S factory in Oslo,
Norway, learning the use of transparent enamels on sterling silver.
In 1971 she started her own workshop, Kristinworks, in the basement
- of her home and continues under that name here. ("Kristin" is now
her registered trademark.)
Kristin has now rented workbench space in the gallery to Jack
Waymire, who, under the name "Jewelry by Jack," is doing jewelry
repairs and also making some of his own. In recent months. She has
become increasingly Involved in the Apalachicola Maritime Museum
(located in her building) and the historic Gulf Coast schooner,
contact with and feedback from the buying public, as well as contact
with prospective artists for the gallery.
Carole is a native of Missouri ("the Ozarks," she says, where she
"attended the last one-room school house in the state"), but she
moved to Los Angeles when she was 13 and remained there until she
was in her early 20s, when she moved back to Missouri (Kansas
City), where, among other things, she was a legal secretary. Finding
herself a few years later at 28 not being satisfied with anything she
had done so far, asked herself, "Now what am I going to do?" Looking
around her, her eyes lighted on a pair of cloisionne vases. Picking one
up and studying it, she said to herself, "I can do this." Having made
this decision, she went out and purchased the necessary supplies,
a kiln and books-and taught herself enameling.
Once Carol mastered the art to her satisfaction, she made 16 small
pieces, glued them on to small brass boxes from India, went to her
first art fair and sold every one of them. Her career as an enamelist
was off and running. For the first four years her work was confined
exclusively to boxes (along the way she got her first big account, with
the gift shop attheAerospace Museum of the Smithsonian Institution),
but then, in order to make her work "seem more art than craft," she
began doing enamel "paintings," which she framed so that they
might be hung on a wall. She took four of her first wall pieces to a
juried art fair and won an award for painting. "How much fun," she
says, "to work two-dimensionall -and to make more money doing
it." By 1982 she had abandoned boxes for paintings.
She says that she did not actually start making her ewelry until she
had opened the gallery in The Pink Camellia, though she had
dabbled in jewelry-making for years, even before she had begun her
enameling. It was something she could do while still minding the inn.
The stamp pins came about as a result of another art form, "travel
pieces," framed collages composed of objects, including stamps,
from foreign countries. She said that in order to get a few good
stamps of particular countries she had to order hundreds of stamps.
Finding herself with all these extra, often beautiful stamps she
decided one day to glue them to a backing material, decorating
around them, adding a bead or two and then a fastener on the back.
Her Palmyra stamp jewelry was born
Now that The Pink Camellia has been sold, Carole is able to devote
more of her time to the gallery, where she can be found Monday
through Wednesday. She still, however, maintains her workshop
behind the inn.
The next gallery to appear in Apalachicola was what is now called the
Palmyra Gallery, located at 25 Avenue D (south of the post office),
which is ownedby Carole Jayne. The gallery started out in 1988 as
:The Pink Camellia Too Gallery, an adjunct to The Pink Camellia Inn
.on Avenue E, opened that same year by Carole and her then
husband, Bill Barnes. (The inn has since changed hands.)
Like KristinAnderson, Carole and Bill discovered Apalachicola quite
by accident as they were returning home to Missouri in March of
1987 from an art fair in Miami. Liking what they saw, they stopped
for a better look and decided here was a great place for the bed-and-
breakfast that they had been thinking about opening-when they
found the right town. The old house on Avenue E which was for sale
and by the next day they had put a down payment on it. By the
following year both the inn and the gallery were in operation.
The next year the gallery was moved to a space on Market Street
across from the Gibson Inn to make it more accessible to the public.
After a couple of years here, Carole and Bill decided to move the
.gallery once again-but this time into a building of its own. They
. bought the old, empty building on Avenue D to the rear of the old
-Apalach 5 & 10, which had been its storage area. Bill, following his
present primary interest, did the design and restoration work, which
required a new roof, ceiling, flooring, interior walls and front
windows, and Carole did all the very striking color work, using,
.:among other techniques, sponge painting.
The new space certainly bespeaks the stated theme of t'he gallery:
"upbeat, contemporary and wild." The newly-christened Palmyra
Gallery opened in May of'92. Carole explains the choice of name as
follows: "The name comes from an ancient city in Syria that was a
major trading center for countries throughout the Middle East.
Since I collect beads and anything else I can get my hands on, the
name appealed to me as well as seeming both beautiful and
The gallery now represents over 80 artists and displays a continually-
changing variety of work, such as jewelry, (both costume and fine),
pottery, glass, wood, paintings, enamels, sculpture, leather (by Bill
Barnes) and toys, the majority of which'Carole buys rather than
takes on consignment. She shows her own fascinating stamp and
bead jewelry and her enamel "paintings." She states that she does
'not show any artist whom she does not know and like personally.
SShe knows most of them from art fairs, which she still attends with
her own work from time to time, because, as she says, she needs this
And finally we arrive at the third and newest of our galleries, the
ARTemis Gallery at 67 Commerce Street (east of the post office),
owned by Hollis Perez Wade, which opened in March of this year.
Unlike her sister gallery-owners, Hollis did not discoverApalachicola;
she was introduced to the city earlyin her life, having moved from
Maryland to Pensacola as a child with her family. During her four
years at FSU in Tallahassee, where she took a major in dance and
a mnor in art history, she "spent alot of time" in Apalachicola. Upon
graduation in 1976 she moved to this area, where she was in the
seafood business)but also acted as a private art dealer. In '81 she
moved to Tampa and became the director of outside sales for an art
gallery there. She also acted as an art consultant to businesses and
corporations, in the good old days of "corporate art."
In 1984 she returned to Apalachicola for a year, during which time
she hoped to open her own gallery here. but decided that it was not
the right time. Moving to Tallahassee the next year, she continued
her work as a private art consultant and also taught drama until the
summer of'92 when once more she returned to Apalachicola, again
with the hope of opening a gallery. But it still seemed to her not quite
the right time, so she rejoined the gallery in Tampa where she
remained only until October, having finally decided to take the
plunge in Apalachicola, ready or not. Back she came here, rented the
old Zingarelli Building on Commerce Street. She painted and fixed
it up over the next several months and opened the ARTemis Gallery
at the end of March of this year. Asked about the source of the name,
Hollis explains that it is taken from the Greek goddess of flora and
fauna and the hunt, a strong female figure. It is also, she says, a play
SUBSCIBE TO I~I
An Honors banquet for troop 22
was held at the Scout Hut on St.
George Island on 30 September
1993, for Troop 22, brought forth
a large number of recognition to
the area's young people.
The following were recognized for
completing their 50 mile hike in
the Tennessee mountains on a
Additional awards included:
Dewight Spencer First aid,
Bret Gromley Hiking, Star.
Hamp Livingston Camping,
Canoeing, Hiking, Tenderfoot.
Will Luberto Camping,
Canoeing, Orienteering, .
Ellis Ammons -
Rocky Butler -
Cris Crosby Tenderfoot,
preparedness, First Aid.
Ryan Sandoval Swimming,
Hiking, Orienteering, First Class.
Aaron Wray Orienteering
Greg Messer Star.
Private Client Group
Bobby Dick 215 South Monroe Street
Financial Consultant Suite 300
Tallahassee, Florida 32301
1(800) 937-0663 US Watts
Your home is only as good
as its foundation
JOHN F. CULLEN CONSTRUCTION, INC.
Specializing in DNR, DER Coastal Construction
S.F A. .....' ,. .
(904):, :.:. 229-,.-8470.,:. i." :.'
The first luncheon meeting of the
year for the Carrabelle Extension
Homemakers Club will be 13
October at the Carrabelle Senior
Center. The meeting will begin at
12:45 pm and will feature guest
speaker Dr. Nayda Torres, Family
and Consumer Education
Specialist with the University of
* Florida Cooperative Extension
Service's Home Economics
Dr. Torres will speak about the
program changes that are
occurring throughout the Florida
Home Economics Extension
Program. Two such changes are: a
new name "The Family &
Community Educators" instead of
"Extension Homemakers"; and a
move away from subject matter
programs such as sewing to issue
oriented programs like adult
The covered dish luncheon is open
to anyone who wishes to attend.
Just bring a covered dish and find
out about the exciting changes
That are happening around the
state in the Extension Home
Economics Program. Foradditional
information,.call Helen Schmidt at
Sthe Senior Center 697-3760 or at
q M. -..h
SUFFLir--Z Or kD
LA1T5LAPiM(. MhlR k
Lms,C i -mt
mIEQQ wPwhu t\(. j
HCR 2 St. George Island
Phone: (904) 927-2282
FAX: (904) 927-2230 REALTOR
3BR/3BATownhouse, pool front, very nice unit, furnished, CH&A, fans
in every room, 3 balconies, very good rental income, assumable mortgage
- $125,000,. =_
Gulf view, 2BR/1 1/2 BA, very neat and a nicely decorated house,.
furnished, fans, CH&A, parking under house, good view and good
rental income. Would be ideal for retired couple or couple starting
We have more. Give us a call. We also have a great inventory of'
buildable lots starting at $9,500 to $250,000.
You can reach Billie Don and Marta
us after hours Grey: Thompson:
by calling: 904/697-3563 904/927-2445
on the words art and ARTeinis and thus the name of the gallery is
Hollis's original idea was to have what she call a "two-dimensional"
gallery, i.e., one featuring painting and photography, with the
paintings being primarily landscapes. Reality, however, has dictated
that at least for now she must also carry things in other mediums,
such as sculpture, ceramics, glass and jewelry. But her primary
emphasis will always be on painting and photography, she affirms.
She presently features seven painters: Virgil Flynn, Maria Hack,
Eleanor Blair, Ken Kenniston, Julie Bowland, Jack Beck and John
Roberge; and three photographers: Lawrence Oliverson, Lew Wilson
and Aan Teger. Hollis emphasises that these are all professional
artists who have worked for a least 20 years and all earning their
livings with their art.
Though Hollis is not herself a trained artist, she comes from an
artistic family-both her father and a brother are artists-and she
has always been profoundly interested in the subject. At FSU she
studied art history and also modeled for art classes. She is an
amateur photographer and has studied photography. She says that
she has always been a strong advocate and promoter of art and a
supporter of artists. She must do this kind of work, she asserts.
When asked why she has felt for so long that Apalachicola was the
place for another gallery, she responds that she has always felt that
the city has a great potential, especially for artists, which is now
being increasingly realized. She is interested in promoting the
development of the city and feels that art is a good "industry" for it.
With the addition of the ARTemis Gallery to Apalachocola's art scene
she Is certainly doing her part.
Hollis may be found at her gallery several days a week, but she is also
the manager of the Witherspoon Inn on Fifth Street.
Published twice monthly on tihe 10th and 26th
.,paoy 2. 10 October 1993 -, The Franklin County Chronicle
Published twice monthly on the 10th and 26th
The Franklin County Chronicle, -10 October 1993 Page 3
Editorial and Commentary
Illustrative elevation comparing the height of multi-family units to adjacent homes, furnished
by Dr. Ben Johnson. The buildings shown in this drawing, with the exception of the multi-family
unit, (far right) are modeled on actual structures on St. George Island.
SHULER REPORTS TO
In response to the Franklin County Board request for legal advice
on the events in the Bob Allen property and the proposed land use
for composting in the Carrabelle industrial part area, near River
Road, County Attorney Shuler wrote the following letter.
September 28, 1993
Buford Braxton, Chairman
Board of County Commissioners
Franklin County Courthouse
Apalachicola, Florida 32320
Re. Letters of R.L. Caleen, Jr. and Bob Allen
On August 17. 1993, the Franklin County Board of Count
Commissioners approved the Carrabelle Industrial Park site fo
seafood and scallop by catch composting. Attorney R.L. Caleen, Jr
protested this for the River road owners who were his clients. H
claimed this was a violation of Section 125.66(6), Florida statutes
That section requires that resolutions or ordnances affecting the us
of land be enacted by a specified procedure.
On September 20, 1993, the Franklin County Board of Count
Commissioners rescinded the 17 August approval. Robert D. Alle
protested this on his own behalf. He claimed this was a violation o
Sections 120.57 (part of the Administrative Procedure Act) an
. It is my opinion that the Board acted correctly September20, 1993
:The Board did not violate Section 125.66 (6) because no ordinance
or resolution was adopted at either meeting.
The Board did not violate Section 120.57 because there is no case c
statute which expressly makes the Board an agency as defined in th
Administrative Procedure Act.
SThe Board acted correctly September 20, because the zoning cod
provides that the Planning and Zoning board is the body whicl
determines whether a use in the zoning category is a similar us
appropriate to the zoning category.
The Board can amend the zoning code to adopt seafood compostin
as a permitted use in the zoning category of the site. The enactment
procedure would be according to Section 125.66 (6), and would b
effected by an ordinance amending the zoning ordinance.
POST OFFICE BOX 590
EASTPOINT, FLORIDA 32328
THE FRANKLIN COUNTY CHRONICLE, INC.
Vol.2, No. 19
10 October 1993
Publisher..............................Tom W. Hoffer
Columnists........................Anne James Estes
Captain Ernie..................Ernie Rehder, Ph.D.
Contributors Jack McDonald
......... Janyce Loughridge
Survey Research Unit .Tom W. Hoffer, Ph.D.
............Eric Steinkuehler, M.S.
George Malone.....Apalachicola, Eastpoint (653-9566)
Tom Hoffer.....St. George Island (927-2186)
Tom Hoffer.....Tallahassee (904-385-4003 or 927-2186)
Production & Layout Design........Karen Shepard A.A.
Maxwell Stemple, A.A.
Sasha Torres A.A.
Computer Systems and
Advertising Design .Maxwell Stemple, A.A.
Eric Steinkuehler, M.S.
Proof Reader...............................Leslie Turner
Video Production .David Creamer
Citizen's Advisory Group
Grace and Carlton Wathen...............Carrabelle
Rene Topping................. .................Carrabelle
Mary and John McDonald...............Lanark Village
Susan and Mike Cates.....................St. George Island
Pat Morrison.. .................St. Georgc Island
Elizabeth and Jim Sisung...................Eastpoint
Eugenia and Bedford Watkins............Eastpoint
For current subscribers, back issues of the Chronicle are available
free, in single copies, if in stock, and a fee for postage and
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To others back issues are priced at 350 each plus postage and
handling. Please write directly to the Chronicle for price quotes
if you seek several different or similar issues. If a single issue,
merely add 350 to the price quote above
All contents Copyright 1993
Franklin County Chronicle, Inc.
I More on
By Ernie Rehder
Think what you like about the
constitutional amendment to limit
netting, butyou cannot doubt that
commercial interests are leading
the field in demagogic propaganda.
I refer in particular to a glossy
pamphlet titled "SOS-Save Our
Seafood" churned out by a
Jacksonville group called "Rainbow
Coalition of Seafood Consumers."
r Their name is a plagiarization of
Jesse Jackson's organization, with
which they are not affiliated. The
group claims to be an amalgam of
poor Black and Hispanic fisheaters
and white netters .who are
threatened by "malicious white
playboys"-sportfishermen, that is.
The logo of this puppet organization
is, as they tell us, "one little
Hispanic boy, one little Black boy
and one little White boy with a
Florida fish they are fixing to clean
and share." That is all very quaint
and politically correct, but the
visual looks to me like something
pirated from an old Black Sambo
reader, like the ones we older people
had to read in grammar school.
The pamphlet is filled with
nonsense, misinformation and
slander, delivered in a pseudo-
Biblical style. Seafood consumers
y are faced with "an evil conspiracy,"
r "a wicked enemies' wily scheme"
r. which uses "false and pernicious
e data" [sic]. Such is "the greed in
. the hearts" of white'
e sportsfishermen (the pamphlet
assumes that Blacks and
Hispanics don't know how to fish)
y that they would "make good
n COMMUNISTS." But, fear not, as
)f "GOD ALMIGHTY will help us win
d the victory over these wicked
3. Give me a break! False andb
e pernicious claims, abound in this,
propaganda sheet.. It claims that,
snook and redfish are "two of our
ir most delicious fish that are very
e abundant." Snook abundant?
Another SOS flier, on the contrary,
actually brags that commercial
e interests helped ban netting of
h "snook, tarpon and bonefish." Here
e we get into absurdities within
absurdities: tarpon and bonefish
it The Rainbow Coalition rag includes.
e a chart of catch figures based on
thin air. One example: sportsmen,
it says, bagged 5 million pounds of
Black Drum in 1990, compared
with only 68 thousand lbs. by
netters. First, let's compare those
mythical 5 million Ibs. of drum
with the scanty 3.6 million lbs. of
seatrout which they also claim we
playboys caught. Now, raise your
hand if you caught more drum
than trout last year. (I see no
As noted in an earlier article, I am
no specialist on the net-ban
controversy. But I can smell a rat.
My olfactory glands indicate that
the seafood industry has no,
conscience. Ifitwants to help poor
people, it should stop selling them
wormy trout and spoiled fish.
DR. BEN JOHNSON
LETTER TO PLANTATION
In the interest of fairness and balance to our coverage of the Resort
Village controversy, we are excerpting Dr. Ben Johnson's letter
directed to the St. George Plantation Owners, sent on 25 September
1993. The Resort Village is a proposed multi-family development
within the Plantation on St. George Island. These issues not only
affect the Plantation, but the entire Franklin County as well.
One of the major appeals of any
development in Franklin County
is the increased annual property
taxes such projects might be
expected to bring to the Franklin
County treasury. Here, Dr.
Johnson's staffhas presented their
projections based on his proposed
multi-family Resort Village project.
Resort Village Multi-Family
5 Year Total
10 Year Total
Word has been received that the
Juvenile Justice Grant application
entitled "Wings", a collaborative
effort of many individuals affiliated
with the Franklin County Library
failed to be selected in preliminary
round of decision-making in the
Attorney General's office in
Tallahassee. Over 500 applications
from around the statewere received
and there were funds available for
only 30 grants.
ACROSS FROM BEACH
Located across the street from the beach with easy beach access this 3BR/2BA
would make a terrific permanent home or rental property. Built on pilings with
fireplace, sun deck, screen porch, concrete parking, landscaped yard and a
fenced play or pet area. Great rental potential! $167,500
TWO ADJOINING lots with beautiful scrub oaks and pines in a quiet area. Buy
one or both. $12,000 each or $22,000 for both
ST. GEORGE PLANTATION interior lot close to pool, tennis courts and club
RESIDENTIAL building site with plenty of pines and vegetation. Owner will
BAYFRONT TWO ADJOINING lots in peaceful area with panoramic view of the
Apalachicola Bay. $39,500 each
BAYVIEW lot on secluded East End with a short walk to beach. Has beautiful
ines and oaks. $26 350
"Dear Fellow Members..."
"..We have made substantial changes to the master plan in an effort
to solve every problem identified by anyone at any time. While we
may not have reached this goal, I can assure you thatwe worked very
hard to resolve every single concern."
'The central philosophy of our Agreement with the Plantation
Owners' Association can be characterized in two words: "peaceful
cooperation." The intent was that whenever issues arose, we would
work together to arrive at mutually acceptable solutions."
"I remain committed to this philosophy, and I continue to live by it
in all of my dealings with the Association and its individual members."
".I have consistently demonstrated mv willingness to negotiate-
.and to compromise
and to comoromise--c
g any and all
,as they arise."
"...A few hardcore opponents are continuing their fight to delay or
defeat my plans, rather than to improve them.
These opponents are telling the County Commissioners that they
would prefer a purely commercial development to one that includes
some residential units. But is it really credible that theywould rather
have commercial buildings next door instead of residences? I
suspect that this is a bluff-they are gambling that if I am limited to
purely commercial development, I will abandon my plans and
subdivide the property as single family lots.
If so, they fundamentally misunderstand the situation. Because of
various constraints, including the physical ones imposed by the
airport approach lane, it simply is not feasible to develop this site as
single family lots. If I tried to do that, I would wind up with mostly
interior lots, for which there is very little demand. And, I would be 7
unable to recoup the thousands of hours and many hundreds of-
thousands of dollars that I have invested towards commercial
development of this property.
"Hotels and other commercial structures will unquestionably be the
primary focus of development of this site, whether by me or by
another owner, if I were forced to sell."
"...As a result of an aggressive propaganda campaign, including the
circulation of petitions and form letters the hardcore opponents of
the Resort Village have amassed many signatures in opposition to
high density condominium development in the Plantation.7,
Well, sure, wh ~wouldn't be o' posed to that? I am opposed to it too.
But, despite what you may have been told, I am NOT Proposing high
density condominiums. The revised master plan calls for just 2.3
residential units per acre. These apartments will be roughly half the
size of most of the houses currently being built in the Plantation.
Hence, my proposal can fairly be described as "low density" like the
rest of the Plantation, where acre and half acre lots are the norm.
Furthermore, allowing some residences in the Resort Village will
mean fewer units, fewer people, and less traffic. Our Agreement with
the Association specifies a 5:1 ratio between hotel units and
residential units; this formula provides a good indication of the
economic tradeoffs we face. Simply stated, I can afford to reduce the
total number of units, if some are residential units instead of hotel
" ...From my perspective, residential units are attractive, because
they provide cash flow and reduce my dependence on outside
sources of financing. Thus, I continue to view the inclusion some
multifamily residential units in the Resort Village as a "win-win
solution" which serv s
"The real choice is not between single-family development and
towering condos. The real choice is between a low density mixed use
developmentby a long-standing member of the Association, who has
demonstrated his sensitivity to environmental and community
concerns, and a larger, purely commercial development involving a
lot of uncertainties."
"Instead of fighting the Resort Village, I hope you will join with me
in trying to make it a better project, in the spirit of cooperation
contemplated by the Resort Village-Plantation Owners Agreement."
Open 7 days 7 a.m. to 6 p.m.
Dive Equipment Sales
Beer Sodas Ice Snacks
PIRATES LANDING MARINA
Carrabelle's Timber Island
FREE BOAT RAMPS, PARKING
Gas Diesel Ice Boat Storage
24 Hour Security
COMMERCIAL FISHERMAN WELCOME
Nancy Nelson, Owner (904) 653-8882
85 Market Street, Apalachicola, Florida 32320
- ---------~ ~ Y I I i I I- I
C or*jv. "St. George Island's
1 21 0 Specialists"
Collins Realty, Inc.
1 60 E. Gulf Beach Dr. St. George Island, Fl. 32328
Pa2p 4. 10 Octoher 1993 *. The Franklin County Chronicle
Published twice monthly on the 10th and 26th
Interior of children's room at the Holy Family Parish
ST. PATRICKS CHURCH AND THE HOLY
FAMILY PARISH: A SHARED HISTORY
Fr. Peter Wood now serves in
Pensacola's Catholic Church and
feels that his work in Apalachicola
is now becomirfg accepted by the
vast majority. "I would say in
general that all over.., in society as
well as in the churches that we
should work to accept and love
one another in Christ's calling. We
are truly, by grace, one people. To
reach this calling is a task always
to be accomplished." Present
pastor, Fr. Sebastian, concluded
about the unification: "After having
merged our two churches about
sixyearsago, an initial uneasiness
was felt by some, but I believe
we've all adjusted to the situation
and are working together and
praying together harmoniously."
By Brian Goercke
Although the first Catholic mass
in Apalachicola is believed to have
been celebrated as far back as
1528 with the Narvaez Expedition
(Panfflo de Narvaez of Spain who
was granted settlement rights by
King Charles I of Spain), the actual
seeds of St. Patrick's Church were
sownin 1844when Bishop Michael
Porter came to Apalachicola on a
tour of his diocese to preach at
City Hall. In 1851, at the urgingof
Fr. Patrick J. Coffey and his
assistant, Fr. McMahan, Bishop
Portier granted the city of
Apalachicola funding to begin the
building of St Patrick's Church.
In May, 1851, Bishop Portier came
to Apalachicola to lay the
cornerstone for the Church. The
construction of St. Patrick's
Church was completed in the
summer of 1852. In November
1852, Fr. Dominic Manucy
assumed his duties as the first
In 1920, Bishop Edward P. Allen
gave his approval for the purchase
of a square block facing 7th Street.
The $3,500 plot of land would
become the site of the Holy Family
Parish. The parish would be
completed in 1923 and serve the
black catholic community of
Franklin County. In 1923, Fr.
Francis, a Franciscan priest,
became the first resident pastor of
Holy Family Parish.
FOND MEMORIES OF
Both Holy Family Parish and St.
Patrick Church would open
parochial schools only to close later
on. The Holy Family School ran
under the supervision of the Holy
Family Sisters from New Orleans.
In February 1920, Sr. Mary
Dolores, Sr. Sabastian, Sr.
Josephine and Sr. Barbara, arrived
in Apalachicola at the invitation of
Bishop Allen as the first sisters
from the Holy Family Order to
serve in Franklin County. Forforty-
eight years, sisters from the Holy
Family Order would work within
the.Holy Family Parish.
St.'Patrick's parochial school was
named, "Mary, Star of the Sea." Fr.
Otto J. Dus was instrumental in
seeking funds for the school. In
April of1900, he purchased a tract
of land onAvenueAand 8th street.
The cornerstone was laid in 1901.
One element that remains constant
with the students of each school is
that their parochial experiences
are remembered with extreme
fondness. "It seems like everyone I
know that went to the Holy Family
School is doing good," said Ed
Tolliver, who attended from the
first to eighth grade. Lois
McCaskill, who started at the Holy
Family School in 1933, recalled
the role model he found at the Holy
Family. "Father Massey taught us
obedience and religion. It stuck
with me all these years. He and the
sisters left me with a lot of things
I value today."
Mrs. Osborne and her daughter,
Willie Mary Stephens spoke quite
passionately about the school's
affect on their lives. Ms. Osborne
expressed, "I wish it was still there.
If you didn't learn, you didn't have
no brains. It cost 25 cents a week
for a student to attend, but If you
didn't have the money, they would
let you attend anyway. They even
fed the students for free if they
didn't have any lunch. I helped
cook for the kids in what we call
the little hall."
And, John Lovett, a student of the
Star of the Sea Catholic School,
attended from the first to the ninth
grade. "I can remember Sr.
Benedicta and Sr. Terecita very
well," said Mr. Lovett, "I remember
one of the nuns told my sister that
when you do your best, the angels
can do no more. I feel quite
fortunate to have attended the Star
of the Sea.
In 1968, the Holy Family Parish
suffered major losses and its school
had shut down due to low
attendance and a lack of funding.
The Sisters of Mercy withdrew and
returned to New Orleans. The
Edmundite Fathers who were
assigned to the Holy Family in
1959 would also withdraw from
the parish. Fr. Lawrence a Boucher
served as the last resident pastor
at the Holy Family Parish. In 1960,
the Sisters of Mercy were forced to
withdraw from the Star of theSea
School due to the small number of
students enrolled. Sisters Loretta
Oates, Magdalen, and Michael
would be the last to staff the Star
of the Sea. The school building is
now used as a parish hall.
At the present, the great work that
began with the Sisters of Mercy
and the Holy Family Sisters still
persists with Sister Sheila and
Sister McCarius at the Martin
house. The two Dominican Sisters
devotethemselves to the children
and elderly of Franklin County. An
after school program for children
is operated by the sisters in which
they examine the homework of
children at Chapman Elementary.
The sisters also offer help to
children of their computer with
special programs. "You just can't
explain what it means to you when
a little one wants to share their
work with you," expressed Sister
Sheila. "We've worked with a lot of
kids and we love to see the progress.
It's encouraging to see the kids
begin to enjoy their studies,"
concurred Sr. McCarius.
PARISH PRIESTS ACTIVE IN
In 1929, St. Patrick's constructed
a new church on 6th street (the
site of their previous church which
had been removed by George
Marshall). The church was
reported by theApalachicolaTimes
to cost $30,000. Ethel Bridges, a
life long member of St. Patricks
Church, was baptized ip the new
church by Father Colreavy in the
late fifties: "I recall Father Colreavy
as a man who just seemed to love
the community of Apalachicola."
The new church was opened under
the pastorate of Father Michael J.
Keyes. John Lovett, remembering
St. Patricks, recalled quite a bit
about the character of Father
Keyes: "He was a very active man.
I can remember as a young man
that he would take us swimming.
He was also a very athletic person.
He enjoyed playing soccer."
The memories, of members from
the holy Family Parish also remain
quite vivid about past priests. Mrs.
Osborne and her daughter, Willie
Mary Stephens spoke at length
about them. Ms. Osborne joined
Holy Family in 1927 when she
moved toApalachicola from Mobile,
Alabama. "I remember asking
Father Massey if he had ever been
to Mobile, Alabama and he said
that he had. I told him that when
I was a little girl, I went to
confession. Father Massey was
visiting Mobile at the time. It was a
funny coincidence, but Fr. Lassey
was the priest I spoke to in
confession and now he was my
priest in Apalachicola."
Louis McCaskill also had a clear
memory ofFather Massey: "I recall
that he raised pigeons and would
sell their eggs for 25 cents apiece.
He also had a brother who was a
priest. I remember he would throw
pennies to the kids. He was from
a rich order. I can' also remember
that we'd have to scuttle up the
kindling and coal to Father
Massey's home for heat. You know,
he didn't even have gas heating.
He didn't even have a washing
'IWO CHURCHES UNITE
In 1987, Fr. Peter Wood made the
monumental decision to
consolidate the two churches. Until
1987, the resident pastor would
visit each church to celebrate mass.
"Father Wood was wonderful in a
lot ofways," said Ethel Bridges. He
brought us together." "We were all
for coming together," concurred
However, an obvious vocal minority
did not support the consolidation
of the two churches. And, for a
couple of years, the unification of
St. Patrick's and Holy Family's
congregations was a very sensitive
issue." The reason for the
unification was based on the
profession of faith," expressed Fr.
Wood, that we are one people
under God. There were some who
did not agree with bringing the
churches together; but there were
others who said it should have
been done a long time ago."
... ? ,.'a
in the Sanctuary of the Family Center- as itis
NOW AVAILABLE ON
VIDEOCASSETTE AS A
THE FRANKLIN COUNTY
A TALE FROM
i TATE'S -HULs
Franklin County Commissioner Ed Tolliver in
front of the Apalachicola Holy Family Catholic
TRADING POST /W .
WE PRINT T-SHIRTS & CAPS You
OVER 1000 DESIGNS TO CHOOSE FROM TOA
SOUVENIRS SHELLS JEWELRY
Shell Wind Chimes Beach Floats & Toys
Hwy. 98 / P.O. Box 561
Carrabelle, FL 32322 904697-2547
KELLEY FUNERAL HOME
KELLEY-RILEY FUNERAL HOME
serving all of Franklin County
Bill Gwynn as Cebe Tate
AND MARCIE SHAFFER*BRUCE LAKS*TIM NEWELL
LESA SOLAND*JOAN BOYD,*DAVID MORTON
Please check the appropriate box for your order and complete the form below. Please allow four
weeks for delivery of the video. Beta and Super VHS versions may be available but please write to
inquire. -All prices below include handling, postage and Florida taxes for orders directed to Florida
addresses. The video consists of the dramatized tale of CebeTate and a short film about the historical
aspects of the tale and a description of the production story, totaling about 56 minutes, in color, sound
with musical score, as described in the ad and previous features published in the Chronicle.
Check the appropriate blank.
24 issues of the Chronicle plus video, "A Tale From Tate's Hell."
Franklin County addressees,
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Please send this form to:
FRANKLIN COUNTY CHRONICLE
POST OFFICE BOX 590
EASTPOINT, FLORIDA 32328
904-927-2186 or 904-385-4003
t t *"'**'-=MW
Published II- tic monhl onte10t n 6hTeFaklnCut hoil, 10 ctbe 193 I'- -a
Hcofmes (904) 653-8878
Middlebroo s FuneralHome (904) 670-8670
APALACHICOLA EASTPOINT (904) 670-8670
By Debe Beard
A plan to build townhomes along
the Apalachicola River front met
it's first stumbling block, as the
Apalachicola Planning and
Zoning Board voted, 5-2, to deny
an application for special
exception to the city's land use
The 30 September special meeting
took on a quasi-judicial tone as
attorneys J. Ben Watkins and J.
Patrick Floyd presented patchily
prepared documents to the board,
Watins's order to approve the
request, Floyds to deny. Watkins,
representing Franklin Associates,
had previously presented the
board with plans and had asked
approval for a permit to construct
(6) townhomes with boat lips,
along the waterfront, near the
intersection of Avenue Fand Water
Approval for the slips was given
at that time, but board members
had continuously expressed
confusion over whether the
buildings were included in the
application. Watkins and
environmental consultant Dan
Garlick have maintained that they
were. Watkins rapidly objected to
Floyd's assumed position on the
issue, and the city s legal counsel
could not act as a proponent or
opponent for any matter on which
city appointed board members
Several residents testified at the
special meeting, both for and
against the proposal. Monica
Lemieux, representing the
Franklin County Seafood Workers
Association, presented an expert
witness, Lucia Gallo.
Against Watkins objections, Gallo
stated her sixteen years of
experience as a planner, as well as
her examination of the application,
along with the city's
comprehensive plan, as qualified
her tor testimony. Gallo urged the
board to deny the application,
saying it was incomplete,
inconsistent with the city's
comprehensive plan which
Expert witness on behall
seafood workers, Lucia
compatible with the seafood
industry,and that approval would
in effect create spot zoning.
Responding to a question from
board member, the Reverend
Thomas Banks, concerning the
setting of a precedent, city
Attorney Floyd cited a 1950's era
case, The City of Miami vs. Wayne,
and asserted that once a special
exception is passed, the process
would be easier for each succeeding
Citing the order drawn up by
Floyd and the testimony from
citizens and Ms. Gallo, board
member Wallace Hill moved to
deny the application. Martha Pearl
Ward, Laura Macy, Reverend
Banks, and board Chair Paul
Standish agreed with Hill and
The Florida Park Service is offering
"free nights" of camping in one of
32 selected Florida State Parks.
Between. 1 October and 31
December, when you camp two
consecutive nights in a selected
park, you may stay another night
free. Some camping Senior citizens
and handicapped Floridian
discounts do apply. Get a free
camping brochure at any Florida
State Park or call 904-488-9872
to see which parks apply in the
"free night" offer.
. Remodeling & Custom Homes
SRoofing & Repairs
I^ilr Vinyl Siding
f of -.e Franklin County
cast votes to deny. George Wood
and Shirley Walker dissented,
voting to approve the proposal.
Watkins has said he will appeal
the decision with the 2nd Judicial
Court in the near future.
By Debe Beard
The controversial proposal to build
townhomes on the Apalachicola
River metwith another setback, as
city commissioners voted
unanimously to accept the
Planning and Zoning Board's
denial of a special exception to the
city's land use code. P&Z Chair
Paul Standish reported the Board's
5-2 vote to deny Franklin
Associate;s application, with which
the commission agreed. J.Ben
Walkins representing Franklin
Associates has said he will appeal
The Commission's compliance with
Florida's Sunshine Law was
questioned, after a private
executive session was held with
CityAttorneyJ.Patrick Floyd. Floyd
explained a new law allowed for
such sessions to discuss litigation,
which in this instance concerned
a foreclosure suit filed against
Franklin Ship Yards.The -city was
named as a defendant in the
complaint, as Community.
Development Block Grant funds
were used to help establish the
New commissioners Grady Lowe
and Wallace Hill were sworn in by
Floyd, and given certificates of
election byMayor RobertL. Howell.
Lowe and Hill fill seats vacated by
Rose McCoy and Edith Edwards,
who declined to run for re-election.,
Beatrice Lavera Thompson, 89, of
Apalachicola died Sunday, July
11, 1993 at Bay St.George Health
Care in Eastpoint.
Funeral services were at 11:00
a.m. Tuesday, July 13, 1993 in
the First Baptist Church with Rev.
Nelson, Rev. Scott and Rev. Paulk
officiating. Interment was in the
Survivors include five daughters,
Essie Trotter ofApalachicola, Ruby
Griffin of Quincy, Merle Weeks of
Blountstown, Jackie Goff of
Apalachicola, Ouida Sack of
Eastpoint; two sons, Willis
Thompson ofTallahassee and Hoyt
Thompson of Apalachicola; forty
four grandchildren; seventy six
Great Grandchildren; and 28
Great great grandchildren.
A native of Houston Co. ,Alabama
and a long-time resident of
Apalachicola, she was a member
of the First Baptist Church and a
arrangements were under the
Agnes Louise Connell
Agnes Louise Connell, 65, of
Apalachicola, Fl., died on Sunday,
August 15, 1993, at her home.
A native and life-long resident of
Apalachicola, Mrs. Connell was a
homemaker, a former substitute
school teacher for Franklin County
Schools, and she was a member of
the Trinity Episcopal Church in
Survivors include her husband,
Mr. Robert E. (Bob) Connell of
Apalachicola; a son, Robert E.
(Bobby) Connell Jr. of Camilla,
GA; three daughters, Karren Biddy
ofTallahassee, Fl., Chris Griggs of
Sunny Hills, Fl., and Robin
Connell of Tallahassee, Fl.; her
father, Mr. W.H. Marks of
Apalachicola; a sister, Barbara
Marks ofApalachicola; two aunts,
Tershia Branch and Erma
Marshall,.both ofApalachicola; a
brother-in-law, Jim Connell of Ft.
Meyers, Fl.; and five
Funeral services were held on
Tuesday, August 17,1993 at2PM
in the Chapel of Kelley Funeral
Home, in Apalachicola, with
Father Tom Weller, officiating.
Interment followed in Magnolia
Cemetary in Apalachicola.
All Arrangements are under the
direction of Kelley Funeral Home,
16th St. &Ave. "H", Appalachicola,
Fl., (904) 653-2208
A New COGIb Ekof the Area
SEAFOOD THE APALACHICOLA WAY
By Joyce Estes, available at
SBaYsice Gafery &' fforist, Eastpoint
L The CamofCage Shop, Apalachicofa
S Bayside flowerShop, Carrabefle
Write: P.O. Box 585, Eastpoint 32328
is still available
.1. I .
By Paul Jones
Franklin County recently let a contract for countywide road
maintenance(paving) which many Alligator Point landowners were
led to believe included a provision for improvements to and paving
of a portion of County Road 370. In the plan, a road section
approximately one and a half miles long was to be repaved and a
short section of storm damaged road in front of the Alligator Point
Camp Grounds repaired. Unfortunately, this was not the case.
The situation is rather difficult to sort out. According to Joe Hamilton,
Franklin County Engineer, road maintenance projects are separated
into two contractual categories, general paving and recycling.
Contracts for both the general paving and the recycling program
(paving of roads built under stringent construction
specifications...such as County Road 370) were readied for bidding.
Then the recycling program contract was withdrawn from the bid"
table due to complaints from bidders regarding problems with the
specifications. During the rewrite of the bid specs, information
surfaced at the 7 September, Franklin County Commission meeting,
that three Franklin County roads, including CR 370, a integral part
of the recycling program were to be reclassified and returned to the-
Florida Department of Transportation for maintenance.
More on the road re-classification issue, later.
The county, not aware of the time and complexity involved in
implementing such a major undertaking, immediately delayed any
further action on the contract rebid process for the recycling program.
contract. According to Hamilton, the misunderstandings have now
been resolved and his office is working quickly to provide for the
rebidding of the recycling program contract. By all reports, the
Alligator Point Taxpayers Association had been advised by the
county that either contract would provide for the work to start to
pave the section of the road and repair the storm damaged segment.
The real problem is not from which paving program will the work
be contracted, but which section of County Road 370 will actually be,
paved. Hamilton, stated that no more than one and half miles would
be paved under the contract. And that the paving work would either
tie into the most recent work done at the 'Y' and continue towards
State Road 98 or commence with State Road 98 towards the point.
These segments of the County Road 370 are probably some of the
better road bed. The county needs to target in on the one and half
mile roller coaster section justpast thebig S' curve to the microwave
County Road 370, which traverses both Alligator Point and Bald
Point, was builtby the state and placed on the state's secondary road
system. In 1977, due to legislative action, the state '5' secondary
road system was abolished and the majority of the roads under the
system were reclassified as county roads and placed under county
maintenance. To fund this new maintenance responsibility the
legislature allowed the counties to collect what is commonly known'
as the 5th and 6th cent of each gallon of gasoline taxed in their
respective county. The populated and much traveled counties
flourished with the added gas tax monies while counties such as
Franklin found themselves floundering without sufficient monies
to support a viable road maintenance system.
Due to this situation, the Florida Transportation Commission, (FTC)
established in 1987, is currently conducting a study for the Florida
Legislature to develop criterion for the determination of which state
and county roads could be reclassified (according to arterial function)
to either be turned over to the county for maintenance or in our case,
be returned to the state maintenance system.
According to Ms. Jane Mathis, Executive Director of the Florida
TransportationdCommission, County Road 370 has been included in
the imtial study for return to the state system. This study is scheduled
to be provided to the State Legislature in late December.
Interested parties are invited to a public hearing, to be held in
Tallahassee, on Thursday, 14 October, at 9:00 A.M., at the Florida.
Department of Transportation Auditorium, 605 Suwannee Street. It
is reported that the Franklin County Board of Commissioners will
be in attendance and that the Alligator Point Taxpayers Association
will send a letter to the FTC in support of returning County Road 370
to the state. However, Ms. Mathis cautioned that even if County
Road 370 was placed on a priority list to return to state maintenance,
it would take conceivably at least five years before maintenance
work could start.
SLAN IEURIy TPDHA IRMACY
Youir IFa inlly independent Phrmacy
The presentation of the Resort Village revised plan and
comments in a two hour videotape, now available through
the Franklin County Chronicle, $28.00 including taxes,
packaging and mailing.
Please complete the form below and send it and your
check to: Resort Village tapes, Franklin County Chronicle,
Post Office Box 590, Eastpoint, Florida 32328. Allow two
weeks for delivery.
Please print carefully. Thank you.
City State Zip -
I am requesting copies of the Resort Village tapes, as indicated below:
Videotape (2 hours, color) Workshop 1, 20 July 1993 $28.00
including taxes, handling and postage.
Videotape Workshop II, 9 September, 1993(2 hours, color)
$28.00 including taxes, handling and postage.
Both videotapes at the combined price of $45.00, including
taxes, packaging and postage.
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VIDEO tapes of the Second
a mIRT LLAEM
The Franklin Cfounty Chronicle, 1~0 Octoher' 199~3 -, Page 5,.
Published twice monthly on- the 10th and 26th
Paie 6. 10 October 1993 .. The Franklin County Chronicle
Published twice monthly on the 10th and 26th
from page 1
During County Planner Allen
Pierce's report, the possibility of
impact fees on St. George Island
was brought before the Board.
Pierce recommended that the
Board consider an impact fee
ordinance, as he feels the road
system on 1st. George will have to
be upgraded, in the near future, to
handle an increasing traffic load.
Pierce said he expected Gulf Beach
Drive would need a third, turning
lane, and all cross streets open,
within the next 5 years,
improvements that could cost as
much as $500,000. Pierce
suggested a $500- $1000 fee for
Commissioner Dink.Braxton said
perhaps a optional sales tax on
gasoline should be considered. The
matter was tabled while Pierce
learns the necessary information
to adopt such an ordinance. At the
end of his report, Pierce was given
a round of applause from the Board
and audience for his efforts in the
lifting of the State's designation of
the county as an area of critical
Commissioners agreed with Pam
Amato's request that the county
join in the Florida Small County
Coalition, to take advantage of the
legislative and financial
opportunities offered. The coalition
is made up of counties with a
population of 50,000 or less, and
can offer assistance with grants,
infrastructure, and medical
Board members heard from Tony
Millender of the Division of
Forestry, who informed the board
of a 2 November meeting with the
Water Management District, the
Department of Environmental
Protection and his Division to
discuss state land acquisition in
the County. Millender presented
the Division's fire control report,
and told the board of the Divisions's
assistance to local volunteer fire
departments, in the form of grants
from the federal government, which
has helped provide breathing
apparatus, safety equipment, and
example, what a large, expensive
"shaker" does at Timber Island:
remove trash and bycatch from
the scallop take. "But we produce
about as much as they do, he
Besides providing employment for
local residents, the firms spend a
lot of money with Carrabelle
businesses. Millender says he
scheduled most of his working
shifts during hours that other
business doors are closed, and
thus does not interfere with city
traffic. Local shrimp boats which
would be idle at this season are
employed to haul the scallop catch.
Scallopviscera ("guts") from Timber
Island is dumped at sea a couple of
miles beyond DogIsland. Millender
gives viscera to a nearby alligator
farm and the shells to the city and
county for roads and fill.
A knucklebone machine scoops
up the daily catch from the deck of
a boat that ties up to the Pirates
Landing Marina, and swings it over
to a hopper above the dock. From
there, it is moved by a conveyor
belt to the "shaker", from which
the shells are moved into the
second of three long trailers which
house the processing equipment.
There the catch is steam-cleaned,
then further cleaned by fourteen
human hands, and then removed
to gallon buckets in which eight
ponds of meat and a half pound of
excess liquid are packed and then
iced to 35 degrees in a cooler. Six-
gallon cases are trucked to
supermarkets, butcher shops, and
the like to be further downsized to
retail sale packages.
"You Bend 'em...We Mend 'em"
Boats, RVs, Trailers too
Government In Sunshine
from page 1
Pursuant to s. 4(e), Art. III, State Const., the rules of procedure of
each house of the Legislature must provide that all legislative
committee and subcommittee meetings of each house and joint
conference committee meetings be open and noticed. Such rules
must also provide:
[All prearranged gatherings, between more than two members of
the legislature, or between the governor, the president of the
senate, or the speaker of the house of representatives, the purpose
of which is to agree upon formal legislative action that will be taken
at a subsequent time, or at which formal legislative action is taken,
regarding pending legislation or amendments, shall be reasonably
open to the public. All open meetings shall be subject to order and
decorum. This section shall be implemented and defined by the
rules of each house, and such rules shall control admission to the
floor of each legislative chamber and may, where reasonably
necessary for security purposes or to protect a witness appearing
before a committee, providelfor the closure of committee meetings.
Each house shall be the sole judge for the interpretation,
implementation, and enforcement of this section.
The votes of members during the final passage of legislation pending
before a committee and, upon request of two members of a committee
or subcommittee, on any other question, must be recorded. Section
4(c), Art. III, State Const. See, McSwain, The SunRises on the Florida
Legislature: The Constitutional Amendment on Open Legislative
Meetings, 19 Fla. St. L. Rev. 307 (1991).
Section 24, Art. I, State Const., does not apply to meetings of the
judiciary. Absent a constitutional amendment applicable to the
judiciary requiring open meetings, it is unlikely that the Legislature
could subject the judiciary or a judicially created committee to the
requirements of the Sunshine Law because of the separation of
powers doctrine and the constitutional authority of the Supreme
Court to adopt rules for the practice and procedures in all courts.
AGO 83-97. Que.-tions of access to judicial proceedings usually
arise under other constitutional guarantees relating to open and
public judicial proceedings, Amend. VI, U.S. Const., and freedom of
the press, Amend. I, U.S. Const.
(1) Criminal proceedings
A court possesses the inherent power to control the conduct of
proceedings before it. Miami Herald Publishing Company v. Lewis,
426 So.2d 1 (Fla. 1982); State ex rel. Miami Herald Publishing
Company v. McIntosh, 340 So.2d 904 (Fla. 1977). A three-pronged
test for criminal proceedings has been developed to provide "the best'
balance between the need for open government and public access,
through the media, to the judicial process, and the paramount right
of a defendant in a criminal proceeding to a fair trial before an
impartial jury." Lewis, supra at 7. Closure in criminal proceedings
is acceptable only when
1) it is necessary to prevent a serious and imminent threat to
the administration of justice,
2) no alternatives are available, other than change of venue,
which would protect the defendant's right to a fair trial, and
3) closure would be effect*e in protecting the defendant's rights
without being broader than necessary to accomplish that
And see, Bundyv. State, 455 Sq.2d 330, 339 (Fla. 1984), noting that
the trial court properly used a combination of alternative remedies
for possible prejudicial effects of pretrial publicity instead of barring
public access to pretrial proceedings. Cf., Gore v. State, 573 So.2d
87 (3 D.C.A. Fla., 1991), review denied, 583 So.2d 1035 (Fla. 1991),
holding that a trial court did not abuse its discretion by refusing to
exclude the electronic media from the courtroom when the defendant
presented medical evidence that the media's presence would adversely
affect his ability to testify.
Section 16(b), Art. I, State Const., provides that victims of crime or
their lawful representatives, including the next of kin of homicide
victims, are entitled to be informed, to be present, and to be heard
when relevant, at all crucial stages of criminal proceedings, to the
extent that these rights to do not interfere with the constitutional
rights of the accused. A victim or victim's next of kin may not be
excluded from any portion of a hearing or trial pertaining to the
offense based on the fact that he or she is subpoenaed to testify
unless, upon motion, the court determines that his or her presence
would be prejudicial. Section 960.001 (1)(d). See, Sireci v. State, 587
So.2d 450 (Fla. 1991), stating that there was no error in the court
allowing the wife and son of the victim to remain in the courtroom
after their testimony.
(2) Civil proceedings
Stressing that all trials, civil and criminal, are public events and that
there is a strong presumption of public access to these proceedings,
the Supreme Court in Barron v. Florida Freedom Newspapers, Inc.,
531 So.2d 113 (Fla. 1988), set forth the following factors which must
be considered by a court in determining a request for closure of civil
1) a strong presumption of openness exists for all court
2) both the public and news media have standing to challenge
any closure order with the burden of proof being on the party
3) closure should occur only when necessary
a) to comply with established public policy as set forth in the
constitution, statutes, rules or case law;
b) to protect trade secrets;
c) to protect a compelling governmental interest;
d) to obtain evidence to properly determine legal issues in a
e) to avoid substantial injury to innocent third parties; or
f) to avoid substantial injury to a party by disclosure of matters
protected by a common aw or privacy right not generally
inherent in the specific type of civil proceeding sought to be
4) whether a reasonable alternative is available to accomplish the
desired result and if none exists, the least restrictive closure
necessary to accomplish its purpose is used;
5) the presumption of openness continues through the appellate
review process and the party seeking closure continues to have the
burden to justify closure.
See, Doev. Doe, 567 So.2d 1002 (4 D.C.A. Fla., 1990), reuiew denied,
577 So.2d 1326 (Fla. 1991), in which the court upheld the lower
court's refusal to close the proceedings in which the mother and
guardian for a handicapped minor sought authorization for the
minor's sterilization. Much of the information about the subject
matter of the case was already public information and the court
recognized that the press had obtained the names of the parties
through lawful means. And see, In the Matter of the Custody of the
Children of B, 16 F.L.W. 12 (4th Cir. Duval Co., November 2, 1990),
in which the circuit court held that although s. 39.408(2)(c) provides
that custody hearings shall remain confidential and closed to the
public, closure of the courtroom requires consideration of the public
interest balanced with the prejudice to the participants and the best
interests of the children.
While the courts have recognized that court proceedings are public
events and the public generally has access to such proceedings, the
public and press do not have a right under the First Amendment or
the rules of procedure to attend discovery depositions. See, Palm
Beach Newspapers, Inc. v. Burk, 504 So.2d 378, 380 (Fla. 1987),
cert. denied, 108 S.Ct. 346 (1987), stating that while discovery
depositions in criminal cases are ludicially compelled for the purpose
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THE WHISTLE STOP
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Snow Cook House Weldon C. Vowell Highway 98
P.O. Box 671 (904) 697-3539 Carrabelle, Florida 32322
The photo above was -aken when Ken Cope was Commissioner of Police
(Left). Here, he is "prescribing" his kit of the smallest police station in the
world to now retired police Chief Marv Braswell and Police Chief Smith.
of allowing parties to investigate and prepare," they are not judicial
proceedings. Acc-rd, Post-Newsweek Stations, Florida, Inc. v. State,
510 So.2d 896 (Fla. 1987) (media not entitled to notice and opportunity
to attend pretrial discovery depositions in criminal cases). And see,
Miami Herald Publishing Company v. Gridley, 510 So.2d 884 (Fla.
1987), cert. denied, 108 S.Ct. 1224 (1988) unfilledd discovery materials
in civil cases not accessible to public).
.However, the First District has held that in order to exclude a
nonparty witness from a deposition in a 'civil action, the party
seeking to exclude the witness must move for a protective order and
make a showing of good cause in support of the motion; the "rule"
of sequestration of witnesses applies to court proceedings, not
depositions. Smith v. Southern Baptist Hospital of Florida, Inc., 564
So.2d 1115 (1 D.C.A. Fla., 1990). And see. Rule 1.280(c), Rules of
(4) Grand juries
Since grand juries operate as an "arm of the judicial arm of
government" and inasmuch as s. 905.24 provides that grand jury
proceedings are secret, these proceedings are not subject to s.
286.011. AGO 73-177.
In addition, hearings on certain grand jury procedural motions are
closed. The procedural steps contemplated in s. 905.28(1) for
reports or presentments of the grand jury relating to an individual
which are not accompanied by a true bill or indictment, are cloaked
with the same degree of secrecy as is enjoyed by the grand jury in the
receipt of evidence, its deliberations, an final product. Therefore, a
newspaper has no right of access to grand jury procedural motions
and to the related hearing. In re Grand Jury, Fall Term 1986, 528
So.2d 51 (2 D.C.A. Fla., 1988). Compare, In re Grand Jury
Presentment, Duval County, Florida, 548 So.2d 721 (1 D.C.A. Fla.,
1989), reuiew denied, 558 So.2d 18 (Fla. 1990), where the grandjury
issued indictments accompanied bya presentment in a case involving
private corporations charged with creating odor nuisances. And see,
In reSubpoena to Testify Before Grand Jury, 864 F.2d 1559 (11th Cir.
1989), stating that while a court must hold a hearing and give
reasons for closure of criminal court proceedings, a court is not
required to give newspapers a hearing and give reasons for closure
of grand jury proceedings. Cf., Butterworthv. Smith, 110 S.Ct. 1376
(1990), striking down a Florida statute to the extent that it prohibited
a witness from disclosing his own testimony before a grand jury after
the grand jury's term has ended.
Reference: Government in the Sunshine Manual 1993 Prepared by
the Office of the Attorney General, Florida. Published by the First
Amendment Foundation, 336 East College Avenue, Suite 103,
Tallahassee, Florida 32301
SubsribeTo Te Frnkli
from page 1
In other business: Commissioners
approved a bid of $1,975 from
James Thurmond Roddenberry to
mark the lots in the new section of
Disapproved acceptance of U.S.
Coast Guard checks in the amount
of $1.00 for 1992 and $50.00 for
1993, for use of the city docks.
Approved a special exception
requested by Mike and Gail
Weaver to place a mobile home on
lot 8 and 3/4 of lot 9 in Block 102,
Pickettes Addition. The home will
be used for living and business
Disapproved a variance for Mike
Cotignola to install a septic tank
on a 50' x 100' lot in Keoughs
Approved waiver of occupational
licenses for automotive and
gasoline dealers for the month of
November as the state has a
Tabled discussion of a reserve
police officer program for the city.
COPE TO BE
By Rene Topping
Carrabelle City Commissioners
unanimously approved 17
September at 12:30 P.M. as the
date and time for ceremonies to be
held to name the new sewer and
water plant and the road leading
to it from US 98 in honor or Kenneth
Cope. Cope was mayor of the city
at the time of his death in December
of 1992. A plaque commemorating
Cope reads: In Memory of Kenneth
B. Cope for his long and faithful
dedication to the City of Carrabelle.
Carrabelle City Commission."
Mayor Carlton Wathen said that
the decision was based on the vast
amount of work Cope had done
over many years as city
commissioner and mayor. Chief
among his accomplishments was
the effort he put forth to bring the
new sewer plant to completion.
"He spent untold hours on this,"
Wathen said. "He worked with state
and federal people to bring this
facility to us."
The date has been chosen because
all three of Cope's daughters will
,be able to attend the ceremony
honoring their father. Cope came
to Carrabelle after his retirement
and showed his love for his adopted
home by working on anything that
would improve the town and help
the welfare of it's citizens. Each
Christmas he was highly visible as
he climbed into the bucket of a
Florida Power truck and helped
hang the Christmas decorations.
" Ken put miles on his car between
Carrabelle, Apalachicola, Panama
City and Tallahassee to get the
new sewer plant for the town.
Consider this an invitation to all to
be present at the ceremony,"
Wathen said, "The plant is located
on the last road to the north within
city limits as you are traveling
east on U.S. 98 and is easy to find.
We welcome everyone who can to
come out to the plant on the 17th
of October at 12:30 p.m."
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