Title: Franklin county chronicle
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00089927/00028
 Material Information
Title: Franklin county chronicle
Uniform Title: Franklin county chronicle
Physical Description: Newspaper
Language: English
Publisher: Tom W. Hoffer
Place of Publication: Eastpoint, FL
Publication Date: November 26, 1993
Spatial Coverage: United States -- Florida -- Franklin -- Apalachicola
Coordinates: 29.725278 x -84.9925 ( Place of Publication )
 Record Information
Bibliographic ID: UF00089927
Volume ID: VID00028
Source Institution: Florida State University
Holding Location: Florida State University
Rights Management: All rights reserved by the source institution and holding location.

Full Text



The Franklin CountyChronicle

Volume 2, Number 22 Published twice monthly on the 10th and 26th 26 November -10 December 1993





By Brian Goercke
Franklin County Library Director,
Will Morris, submitted his letter of
resignation at the 15 November
board meeting. The letter, which
stated "continuing heath
problems,, as his reason for
resigning, was read by board
member, Anne Lindsey. A motion
was made by Ms. Lindsey to.
accept the resignation, express
dismay for the ill health that is
compelling Mr. Morris to leave
and to thank him for work "above
and beyond the call of duty." The
board voted unanimously to accept
Ms. Lindsey's proposal.


Held For




By Rene Topping
On Monday, November 15, it was
the School Board members who
were attending school. Teachers
were Wayne Blanton of the Florida
School Boards Association and
John Gaines from the Florida
Association of District School
Superintendents. Frariklin County
School Superintendent T. C.
Ponder introduced the two men

saying, "This workshop has been
two years in the making." He said
thathe and the two representatives
had been working together to get a
date for that amount of time.
Both Blanton and Gaines
emphasized that public schools
were judged by parents and
residents of the various
communities based on the conduct
of the local school board. For
example if the school board
meetings are a series of in-fighting,
heated arguments between
members, fussing and
grandstanding gives the public a
feeling of distrust in the members
they elect, "It is a sure-fire way to
lose the next election," Blanton
It also has a "npple effect," as
arguments and fights between
board members will also ripple.
into the school system with faculty,
administration and staff taking
Continued on page 2






By Brian Goercke
The Franklin Work Camp received
the services of newly appointed
Ma or, Tim Whitehead, in late
October. MajorWhitehead, native
of Lake City, FL, was transferred
from Madison Corrections
Institution where he served as a
Captain. Madison is a closed
security institution, whereas the
Franklin Work Camp serves as a
minimum/ medium security
facility. The former major, R.A.
Johnson, was transferred -to
Liberty County's Work Camp.

Carrabelle Chamber

Hopes Brighten for

"Home" Building

Mr. Will Morris served as the
library director for almost a full
year. During his term of service.
the Eastpoint branch of the
Franklin County Library was built
up and the Carrabelle branch of
the Franklin County Library was
created. "Watching'the Eastpoint
Library grow under my term was
remarkable. It just began with a
bunch of books in different piles
all over the floor and an old table in
the middle of the room. I like to
look back at the humble
beginnings." remarked Will Morris.
Mr. Morris reflected upon the
workof many individuals to create
the libraries" "While I was lust one
ofanumberof people tocohtribute
to the libraries, I feel that Richard
Plessinger's donation of three years
free space to the Eastpoint Library
gotus started. The Youpan Garden
Club's donation of five thousand
books really helped the Carrabelle
Library. The many people who
were continuously bringing in
books...classics, contemporary
novels in excellent shape... they
were also helpful in getting the
libraries going in Eastpoint and
Carrabelle ... and that's just to
name a few contributors."
Mr. Morris volunteered to continue
his duties as library director until
his position was filled. "I will miss
workingwith the children... seeing
them come to our reading
programs... and seeing them get
interested in ideas and books.
What good is it to teach someone
to read if they don't think it's fun?"
Will Morris stated his duties did
cause a degree of stress which was

affecting his heart condition
negatively. "I have a mild case of
angina. The extra stress was
causing sharp pains in my chest
and some fatigue. I can't give the'
library a fair shake right now. I
couldn't be earning my pay if I
tried to stay on."
Mr. Morris estimated that he would
fill in for three to four weeks until
his position was filled. "All in all
it's been a privilege to me to work
with all those people who cared
enough to be a part of the birth of
these libraries."

As proof of the old adage that
"every cloud has a silver-lining,"
;the announcement that Florida
Power is closing it's Carrabelle
office, may well mean that the
Carrabelle Area Chamber of
Commerce will have a real home
right on the waterfront, with a
view of the entire harbor and in the
heart of "downtown Carrabelle.
Fl6rida Power manager Carl
Petteway, made the official notice
of the closing to take place in early
1994 and at the same time made
the offer of the building to the
The cost to the Chamber would be
payment of the property taxes
amounting to approximately
$1,000.00 each year. There was
discussion the offer and Murphy
said that he believed that the total
monthly cost would be around
$200. Volunteers would be needed
to staff the office. It was also
agreed that it would be great to
have a place to keep documents
and other chamber materials. One
suggestion was to pay for the use
of the building with a small raise in
dues. Chamber members took the
matter under advisement but the
mood of the members present was
very upbeat.
Petteway said that arrangements
were being made for a Florida Power
payment place in Carrabelle for
residents. He also said that
employees will still be stationed at

the substation for troubleshooting
and any other work to be done in
the area.
The next matter to come up for
discussion was nominations for
the coming year. The nominating
committee, under the leadership
of Jean de Priest had met and were
prepared to offer a slate. They
were going to propose that the
1993 officers continue to serve in
1994. Later it was found that this
might conflictwith an amendment
to the by-laws which stated that
the vice- president would succeed
to the Presidency. However, 1993
vice president Bob Evans,
submitted his resignation to the
group. It was finally decided that
the Chamber would meet as usual
on the Thursday, December 16, at
12 noon and nominations for
officers would be made at that
In other business, John
Summerhill was made an honorary
member as thanks for his volunteer
work on behalf of the Chamber.
Chuck Spicer received the thanks
of members for his "pitching in
everywhere" at the Bluegrass
Festival. Pat Howell announced
that the annual Chamber
Christmas Party will be held at the
Dockside Marina at 7 P.M. on
December 11.
The box lunch was supplied by
The Peartree Restaurant. All
restaurants are Invited to supply
lunch on a rotating basis.

Major Whitehead gave his
philosophies about overseeing the
Work Camp: My Vision for the
Work Camp must be to first protect
the public, second to provide a
safe and humane environment for
the staff and offenders and, finally.
ensure a working partnership with
the community and provide
programs and services to the
offenders, .1 will strive for
excellence....and for a highly
trained and ethical work force."
The major commended his staff for
such a warm welcome: "They have
bent over backwards for me and I
want to thank them."
When asked about his views on
education in the work camp, Major
Whitehead responded. "If the
instructorand the inmate take the
properattitude towardseducation.
there is a positive outcome.
However, if the education is not
taken seriously, then the whole
process is just a revolving door."
Major Whitehead responded about
the often debated point of whether
incarceration was meant solely to
entail punishment or to
rehabilitate the inmates. "The
punishment is that they're here in
custody. While here, we will try to
provide as many positive programs
as we can. We will k with the
community and with programs
within the community. We will also
help local agencies through our
free labor. It's important for us to
try to keep their minds off ofwhere
thev are at and provide educational
The Franklin Work Camp has
received a great deal of praise from
community members for it's
cleanup work provided by inmates
and t's "Toys for Tots" program.
Major Whitehead expressed
Interest in expanding the
community based programs. "I
would like the institution to
coordinate with the local thrift
stores a program in in which lost &
found clothing could be provided
to needy adults and children for
free. Winter clothing would be
especially important to them."
Coming from a small rural town,
Major Whitehead felt he would have
no problem at all fitting into
Franklin County. "Everyone I meet
is friendly. I feel right at home."



By Rene Topping

"Made in the U.S.A." and "Made in
Carrabelle" are two labels that
could be fixed to the latest fourteen
foot aluminum boats now on'
display at the Apalachee Parkway
WalmartinTallahassee. The boats,
built at the Dockside Marina on
Timber Island by Tommy Bevis,
are being marketed under the
"Weldbuilt" trademark.
Bevis said that he had struck a
deal with the Walmart people about
one week ago and made a delivery
this week of the first of what he
hopes will be a steady stream of
boats. He said that he expects to
have one on display at the other
two locations of Walmart in
Tallahassee by the end of the
month. His salesman RickyAdams
will be at the Apalachee store this
weekend to talk to potential
I fall goes well, Bevis said he will be
manufacturing 14 and 16 foot
boats at his Carrabelle facility. He
said, "This is what we have been
hoping for, our dream. To interest
a large outlet such as Walmart.
"He added that he will be working
at the local levelwith Walmart. As
he steadily progresses he is hoping
that they will be in all Walmart
stores nationwide.
Later he said he will be producing
a custom trailer also trade-marked
"Weldbuilt" to go with the boats.
These will be made of galvanized
steel. The 14 foot boats are
designed to carry a 20 H.P. motor
and will be ideal for the waters
around our Big Bend area. The
two sixteen foot versions may
accommodate motors up to 90 H.P.
At present, Bevis said he is
employing 10 to 11 people with
one outside salesman, with three
or four of them working on the
boats he is supplying to Walmart.
He said he will need about six
more aluminum welders if things
go well.
One of the problems that he has
encountered is the lack of trained
personnel and needs six more
welders especially when he starts
producing the trailers. "Even with
the school we had running out
here a short while ago we still
cannot find trained people,"he said.
Bevis took over a building and
dock which had been built for
another company as part of the
Timber Island Project, which
started over twelve years ago with
a land swap byMckissok Properties
for some state land in South
Florida. The state then leased the
land back to the City of Carrabelle
to build a Seafood Industrial Park.
There were extensive hopes and
dreams for the island becoming
a hub of activity with all kinds of
seafood oriented facilities locating
there. The Bevis site was the first
building to be erected about seven
years ago and once housed a
companyby the name ofWhiteslde.
After this company left the island,
the site stayed vacant until two
years ago when Bevis took it over.


Port and




By Carol Ann Hawkins
At the meeting held October 14,
Port Authority members had
received three bids from three
attorneys to fill the position vacated
when Attorney Bill Webster
resigned. They ranked the bids in
the following order 1)BenWatkins,
2)John C. Lovett, 3)Ralph H.
Haben. They then assigned Gene
Langston to conduct negotiations
on terms of a contract

Ben Watkins, ofApalachicola, was
named attorney for the Carrabelle
Port and Airport Authority(CPAA)
at a brief meeting of the Authority
on November 19, held at City Hall
in Carrabelle.
Watkins will receive $250 per month
for up to 5 hours in anyone month.
The hourly fee for hours over the
five in any month will be set at $65
per hour. If in any month five
hours are not used they will be
After the meeting, which last only
about six minutes, membersjoked
that this surely had to set some
kind of a record for meetings held
in Franklin County.

Rose Drye's Wrapup Letter page 2
St. George Civic Club page 2
Editorial & Commentary page 3
St. George Park page 4
Juvenile Justice page 4
Gulf Trading Of Carrabelle Appeal page 5-6
Pilings In The Bay page 6
Civic Club Quilt page 7
Lanark Village Arts & Crafts page 7
Times Gone But Not Forgotten page 7

Pane 2. -26 November 1993 *. The Franklin County Chronicle

Published twice monthly on the 10th and 26th

/ &\







In a more dramatic than usual
plea, Bob Allen again appeared
before the Franklin County
Commission on Tuesday, 16
November 1993, to ask for a permit
to build a Class I landfill. He got
something less. Alan Pierce,
Franklin County Planner, said he
was willing to give Mr. Allen a
permit to store dry shells at Allen's
site, the old Buckeye Mill Site,
west of Carrabelle.
Mr. Allen brought to the
Commissioners, two samples of
the materials currently stored at
the site, a pan of scallop shells and
a pan of scallop compost,
apparently to demonstrate that
there was little or no odor to the
materials. The Commissioners did
not sniff too intensively and all
waved off an opportunity to do so
as if the odor or appearance might
have been "too much" in itself.
Before taking the materials outside
the room, Allen distributed a
Department of Environmental
Protection (DEP) order telling him
to remove the composted material
from the site or eventually face a
fine of $10,000 per day for failure
to do so. He said he was appearing
before the Commissioners to get
help, gesturing widely and raising
the intensity of his voice. Alan
Pierce reminded the
commissioners that the Planning
and Zoning committee, advisory
to the Commission, did not want a
landfill at the Old Buckeye Mill
site. Later, Allen said he would
ask 'for an informal hearing with'
DEB to try to resolve the issue, or
at least obtain a delay in their

School Board From page 1

sides for causing problems withiii
the system. Both men said that
did not mean there could not be
honest differences of opinion on
the part of members only that they
should be handled in a civil
manner. Blanton added that he
could predict who would win or
lose an election by reading the
newspaper accounts of school
board meetings.
Blanton told the board, "You
should authorize a common sense
policy. Have an up-to-date policy
manual and you need a workshop
once a year to keep the policy
manual up to speed." He urged
members to "visit the -schools"
But when you are there follow the
rules. Let the front office know
you are there." He cited an example
of a school superintendent- who
had a school board member
arrested for trespassing because
he did not follow the school policy
for visitors. "When you go to a
school and notice something is
wrong, notify the school
superintendent. Don't take action
on your own."
Blanton added that his association
was almost finished with a review
of the Franklin County School
policy manual and it is almost 400
pages in length. He also told the
board that he did not believe that
the members should surprise one
another or the superintendent at
school board meetings. I don't'
believe you are there to 'gig' the
Willie Speed asked, "What happens
if a school superintendent does
not implement school policy?"
Speed added he was in no way
reflecting on any actions by Ponder
but merely seeking clarification.
"Unless it is so blatant that it is
harming the school system not
much is going to happen." Blanton
added that the school board can
send a letter to the governor and
ask to have a superintendent
removed from office.
On the other side of the coin he
warned the board, saying. "You
can't put constraints on him so
narrow as to hamper him in doing
his job." He said he has served in
his position with the association
for twenty years. "He (the
superintendent) is elected. You are
elected. Only in one did I see a
board and a school superintendent
not able to work something out
together." In that situation, the
school superintendent said, "it is
my school system. I'm going to run
it. I don't care what the board
says," The superintendent and




By Debe Beard
Fire Protection for St. George
Island was a hot topic at the
November. 16 meeting of the
Franklin County Board of
Commissioners County Planner
Alan Pierce reported to the board
he had been in contact with Ralph
Roberts of the Insurance Service
Organization, Bob Crouch of the
Public Service Commission and
the Department of Environmental
Protection(DEP). Currently the St.
George Island Water Company
provides the minimum water
pressure allowed for insurers, 250
gallons per minute for two minutes
with pressure of 20 pounds per
square inch. Many residents fear
increased development on the
island will cause a reduction of
water pressure, leaving homes
vulnerable to fire.
According to Pierce, if the county
government would enact definitive
requirements for water pressure,
the PSC would enforce them.
Increased water pressure would
also help to lower homeowner's
insurance policies. A flow of
approximately 1000 gallons per
minute would be necessary to
provide adequate fire protection
or further residential
development. The commissioners
appeared reluctant to adopt such
standards fearing rate increases
by the water company.

Pierce also reported to the board
on plans for park renovations on
St. George Island and established
December 7 as the date of a public
hearing on the matter. Though
the plans are contingent on the
receipt of adequate funding, private
donations have been made and
county monies, along with a grant
to rebuild the 'sand dunes along
the public beach should help
expedite plans..The first priority,
according to Pierce would be the
realignment of roads, which
includes closing portions of Gorrie
Drive and Franklin Boulevard, and
the reopening of access roads, The
helicopter pad would be moved to
the opposite end of Franklin
Boulevard and the recycling bins
would be relocated, allowing for
drive through deposits. A 68 space
parking lot is to be located near
the Islander Restaurant, with
another smaller lot to be built on
the opposite side of the park
adjacent to planned basketball
courts. A pavilion and a dune
boardwalk are also planned.
three Doara members were
defeated in .the--next ele.tTn.,.
Blahtori'advlsed thatfa sit!uatfon
arises where the board and
superintendent can't get together
then it is time to get some one like
himself or Gaines to try to work
something out.
Employment of personnel can
become a problem in smaller
districts Blanton advised the
board. "Address those situations
as a team,"he said. Gaines said
the superintendent has the power
to choose personnel to fill positions
vacant in the system in his role as
Chief Executive Officer of the
school system. The board cannot
reject the superintendent's
recommendations unless a person
has a felony conviction or does not
meet qualifications set out. He
stated, "The superintendent has
the right to pick who he wants for
thejob, provided that person meets
all requirements. Then that person
has property rights to that job."
The board was also advised to be
careful about writing school
policies. "The policy has a standing
of law." Blanton said. He added
that it reduces pressure on
individual members when the
attorney can say, "You can't do this
or that it is illegal."'
The superinterident must present
a balanced budget to the board
each year. "Start early on the
budget. Once the budget has been
passed and adopted you will have
to live with it," The board has the
right to accept, reject or amend
the budget.
When it comes to the "Sunshine
Law," in Florida the best rule of
thumb, according to Blanton, is "if
you think you are violating the
sunshine laws, don't do it." He
went on to explain that a violation
of the Sunshine Laws is where two
or more members get together and
discuss an agended item prior to a
meeting. Under the Sunshine Law,
all documents received as board

Buckeye Mill site owner, BobAllen,
appeared before the board, asking
their help and presenting two trays
of scallop waste, one composted,
one dry shell. Allen appealed to
commissioners for their assistance
in receiving a permit for disposal of
the 300 truck loads of waste on the
site, saying the Department of
Environmental Protection was
planning to fine him $10,000 a
day untithe material was removed.
An earlier request to the Planning
and Zoning Board for a special
exception for the storage and
handling of potentially toxic or
hazardous materials had been
made, but the board voted not to
make a recommendation to the
County Board of Adjustments.
According to Pierce, the basis of
the board's non-action was the
question of whether Allen's stored
material was hazardous. If found
to be non-hazardous, there was
no need for removal. Allen also
questioned the issuance of two
permits for the storage of dry shells,
one to Sam Neel for a site north of
Carrabelle and one to Tom
Saunders for an area near Allen's
Buckeye site. Pierce agreed to
issue Allen the permit for dry shell
storage. Allen will have the stored
material tested to determine if it is
hazardous or toxic before making
an appeal for a special exception
to the County Board ofAdjustment
in December.
The county's own plan for a
shellfish composting project at the
landfill met a stumbling blockwith
a request from the Department of
Environmental Protection
regarding the project. DEP is
asking for drawings which detail
the stormwater runoff and leech
agent collection system. According
to County Engineer Joe Hamilton,
this information was submitted by
the engineering firm of Baskerville
Donovan when the landfill was
originally permitted by the state.
Both Hamilton and Commissioner
Jimmy Mosconis expressed
concern over the seemingly slow
action of the state, with Hamilton
stating he would resubmit the
The absence ofCommissionerTom
Saunders caused a deadlock
between the other four
commissioners on whether to allow
the delay of a December 7 public
hearing for developer Ben Johnson.
The delay, according to Johnson's
representative, Morris Palmer, was
actually requested by the St.
George Island Plantation
Homeowner'sAssociation. Several
members of the homeowner's
association in attendance objected,
to the postponement, saying itwas
an attempt to diffuse opposition to
Johnson's plans. The
commissioner's vote on the
Continued on page 3

members are public record with
just a few exceptions, one of which'
is in the case of an expulsion. The
board members can get together
and talk at any time, provided that
what they talk about is not a future
school board meeting agenda. He
pointed out the school board
members sometimes goon retreats'
with the purpose of learning .to
work together.
Blanton and Gaihes both said they
felt it was a good thing for members
to go to out of county for meetings
and retreats. Speed brought up
the point that in many school
systems, expenses of travel to such
meetings by board members are
paid for by the system. In Franklin;
County only one such travel per
year is paid for.
Both men also advised the
members to have workshop
meetings to discuss school policy,
collective bargaining and to
improve communication between
one another. After the meeting,
school board member Kate
McKnight said, "I really learned a
lot tonight. This was really a worth
while meeting."









904-349-2387 .2




In her last month as President of
the St. George Island Civic Club,
Rose Drye presented a year-end
report which has value to the
county at large as well as the island
membership. So, with her
permission, we are pleased to
include her report to the all-
volunteer organization, which has
more than once made its mark in
the recent history of Franklin
"As I write this, my last letter to
members as President of St. George
Island Civic Club, I am reflecting
on what a pleasant and personally
rewarding year has just gone by.
Through a more active role in the
Club, I have been fortunate to
renew or make new acquaintances
with the many good people who
have kept the St. George Island
Civic Club a central part of island
life since the early 1970 s. We have
been fortunate this year in the
lack of involvement in political or
controversial issues. But we have
had plenty of fun and fellowship to
keep from being bored.
The Civic Club year starts with an
election of officers and directors
the third week of every November.
The first official function of each
new board is the Christmas party.
The 1992 party was held at Oyster
Cove's downstairs restaurant,
Cajun Cafe, where a good time
(and Beau Suber 's excellent roast
beefl) was enjoyed by all. Just
around the corner, the first
weekend in March, came the St.
George Island Charity Chili
Cookoff, not a Civic Club event,
but one where members faces were
behind every scene. Throughout
the late Spring and Summer, the
Club invited residents and visitors
forweeklyBingo get-togethers. This
has been a successful club
fundraiser and a popular weekly
social event for several Islanders.
In mid-September, Club members
participated in a Coastal Cleanup.
.October brought about the annual
Civic Club luau, a much-
anticipated gala and celebration of
Island life. This year's feast was
attended by approximately 120
Club members and guests dressed
in muumuus and bright Hawaiian
print shirts, who dined on roast
pigs and covered dish specialties
while enjoying great music and
the company of neighbors. Most
notably absent were the
mosquitoes! Just a month later, at
the 30th Annual Florida Seafood
Festival, Civic Club members were
ce again .working tQgether, .this,
(Jtime selling the official Festival
T-shirts to earn $500 for the Club
- treasury.,
Throughout the year, we have met
monthly (on the third Thursday)
for a combined business meeting
and fellowship dinner. At most
meetings, invited guest speakers
brought us such topics as Island
landscaping tips, the birds of the
Apalachicola Bay ecosystem, sea -
turtles, and recent improvements
in local health care. The Club this
year has encouraged and
supported two improvements of
which we will soon see evidence:
DOT will be planting wildflowers
at the Northern end of Franklin
Boulevard before the end of 1993,
and our County Planner, Alan
Pierce, has been working to obtain
a grant to develop a bike path
along Gulf Beach Drive. We just
received the good news that we
may expect to see the bike path in
1995. Through Civic Club dues
and fundraisers, we have been able
to give some financial support to
the Volunteer Fire Department,
First Responders, Island Chili
Cookoff and Auction,and the'
Franklin County Library.

Continued on page 3

- __I.

Clare Viles
Artist in Residence

Bayou Art


Original Oils
Water Colors

(904) 697-2363



The entire slate of nominated officers and new members to the Board
of Directors at the St. George Island Civic Club were unanimously
elected to their new positions for the next year at Thursday's 18
November 1993 meeting. Marilyn Bean is the new president, receiving
the gavel from outgoing President Rose Drye. Ms. Drye's closing
commentary on the previous year is published as a separate report
in this issue. Roy Bateman is the new vice president and treasurer
will be John Shelby. Marta Thompson was elected secretary. Two
new directors joining the Board will be Don Thompson and Pam Vest.
Among several committee reports, the Fire Department representative,
Mason Bean, reported that there have not been any fires since the
last meeting. The annual solicitation letter on behalf of the Fire
Department has been sent out and islanders would be receiving
those shortly. Alice Collins reported on the progress with the new
island cook book for sale on 1 March 1994. A price has not yet been
determined. The security report by Art Little revealed that three new
members joined the volunteer security patrol. The repaired security
vehicle was functioning normally but the new radio has not yet been
ordered. Two more breaking were reported. Islanders were urged to
be watchful for suspicious activity and to report it if in doubt. He
recommended this number for non-emergency telephone calls: 670-
8500. Marilyn Bean Treasurer's report is as follows:
10-21-93 11-18-93

Market Place, (Tea & Water)
Karen Dingler, 2 cleaning
Paul Maloy, refrigeration
St. Joe Telephone
Fla. Power
Don Wilson, Luau Toilets







As President Bean took over the gavel from outgoing President Rose
Drye, Ms. Bean announced that once again John Spohrer has made
available his Cajin Cafe for the site of the annual Christmas Party,
on Thursday, 16 December 1993. This would likely be a BYOB affair,
perhaps with recorded dance music or other light entertainment.
Attenders were asked to bring a $3 gift, wrapped, and that Santa
would be in attendance.
The remainder of the meeting was devoted to a discussion of the St.
George Water Utility Company and the,fire protection situation. Dr.
Tom Adams urged the Club to contact the Franklin County
Commission about the establishment of standards for water flows
in the utility system. given the utpcorinhg rate increase proposed by
the island utility company. It soon became apparent that the
assembled group was confused over the fire protection issues
including the mandated standards for water utilities and thehigher
flow standards recommended by other entities. During the
discussion, someone pointed out that there were 'recommended
ordannces which could be adopted by county governments.
Near the end of the meeting, Dr. Tom Adams announced that he
would be willing to provide Tai Chi training, a classical Chinese art
form and exercise regimen. When challenged by Alice Collins to
provide a demonstration, Dr. Adams responded, captivating the club
membership for several minutes during a masterful exhibition of the
potential, ending the ballet-like modeling to a high round of applause.
A number signed up for. the Saturday training.

HCR 2 St. George Island
.i Florida 32328-9701
Phone: (904) 927-2282
0 JI0 FAX: (904) 927-2230 REALTOO

This charmer has 2BR/IBA, furnished, well-maintained and cozy, ideal for a I
retired couple or someone just starting out. Great view of canal and Bay. Must
see- $86,000


3BR/3BA Townhouse, 300 Ocean Mile, poolfront unit, furnished, excellent
condition, CH&A, pool, decks, boardwalks to beach, very good rental potential
- only $110,000
Beachfront lots in Casa Del Mar, Plantation, for only $129,500; Lots across the
street from beach $59,500; Beachfront lots in Gulf Beaches subdivision from
$95,000; Interior lots from $10,000 to $30,000, some with owner financing.
You can reach Billie Don and Marta
us after hours Grey: Thompson:
by calling: 904/697-3563 904/927-2445

Home of the Nelson. Viles Combo



Published twice monthly on the 10th and 26th

The Franklin County Chronicle, 26 November 1993 *, Page 3

Editorial and Commentary






In the context of substantial numbers of new homes and business
buildings being erected in Franklin County, but principally on St.
George Island, all requlringwater for the normal routines of daily life,
it Is now time for the Franklin County Board of County Commissioners
to consider again the public safety needs of county residents with
regard to fire protection.
It is true that each Franklin County community is well served with
a cadre of trained volunteer firefighters using up-to-date equipment,
though it is possible one can never be so fully equipped with
everything to fight fires. These teams have demonstrated well their
fire fighting abilities and more than once have been very effective in
responding to alerts and fires of all types.
But, there are many factors in "fire protection" which require careful
consideration in providing a range of capacities to fight fire, especially
in special situations, such as forested environments surrounding
housing, multi-family structures requiring hook and ladder
equipment, minimum separations for buildings crowded onto small
lots, construction materials or adequate flows of water from the
various utilities in the County.
As Jay Abbott, fire chief of the St. George Island Volunteer Fire
Department reminds us, there are vast and distinct between water
pressure and water flow. There are various minimum requirements
or water pressure which are state mandated, reviewed by the Dept.
of Environmental Protection, and to the surprise of some folks, the
utility companies serving Franklin County generally meet, and in
many cases, exceed those requirements. On St. George Island, the
utility has performed to meet and sometimes exceed the standards
for pressure. But, flow, the amount of water passed through a fire
main in a unit time is another matter. The 1992 "demonstrations"
discussed by Jay Abbott and Nick LaSlavic in public forums point
out some problems, which are not covered in any way by state or
county mandated requirements for even a minimum standard for the
flow of water through fire mains. There are no state-mandated
requirements nor are there any local ones.
Given the- construction activity in Franklin County, and on St.
George island in particular, the time is now for the Franklin County
Commission to launch a study or plan which will result in an ordance
mandating minimum fire flow standards. And, the residents should
be prepared for the consequent increases in water rates as these
standards are put into place and enforced. In the end, such standards
will result in lower fire insurance rates due to the added element of
fire protection given with a system which meets certain standards.
But, water flow Is but one mechanism for providing fire protection.
There are others such as special wells driven only for fire use, but
Chief Abbott is quick to point out that the speical wells also present
problems such as the mixture of sand and water running through
high pressure pumps and the unknown risks to valuable equipment.
Saltwater from the Bay or Gulf also present hazards to high velocity
pumps aboard our new fire engines. That is why we call for t plan,
surveying all possible options, including improvements in water
flow, as a way of meeting the high dangers of fire on the mainland or
the barrier islands. This issue is a continuing one, but certainly
needs to be addressed now. Take some time to read over the
excerpted comments of Nick LaSlavic and ChiefAbbott reported over
a year ago. It has been "only yesterday" when these issues were first
brought forward, but some review now may help us all cope with the
ticking time bomb that awaits the unprepared.

Since remarks quoted on the right were first reported,
no experimental wells.have been drilled on St. George.
Fire Chief Jay Abbott pointed out that the wells, should
they be full salt-free water, still present problems for
pumping, and may not have sufficient reserves to be of
much help. A more certain solution to fire flow matters
might involve constructing elevated tanks in various
parts of the island. But, the location of one on the west
end of St. George might be complicated with the federal
and state requirements for structures near airports.
Despite the closeness of the Bay or Gulf as a source of
saltwater fires, pulling out this water involves minimum
distances from truck pump to source, and consequent
and severe damage to high velocity pumps on our new
fire trucks. There are solutions, each with a price tag.

904-385-4003 (TALLAHASSEE)
Facsimile 904-385-0830

Vol. 2, No.22

26 November 1993

Publisher Tom W. Hoffer
Columnists Anne James Estes
Captain Ernie. Ernie Rehder, Ph.D.
Contributors Jack McDonald
.............Rene Topping
... ..........Paul Jones
.............Brian Goercke
.............Carole Ann Hawkins
.............Debe Beard
Survey Research Unit Tom W. Hoffer, Ph.D.
........Eric Steinkuehler, M.S.
Sales Staff.................
George Malone.....Apalachicola, Eastpoint (653-9566).
Tom Hoffer.....St. George Island (927-2186)
Betty Roberts........Carrabelle Lanark(697-3506)
Tom Hoffer.....Tallahassee (904-385-4003 or 927-2186)

Production & Layout Design......:.Stewart Calhoun
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
George Chapel................................Apalachicola
Sandra Lee Johnson Apalachicola
Grace and Carlton Wathen ................Carrabelle
Rene Topping................. .................Carrabelle
Mary and John,McDonald...............Lanark Village
Pat Morrison St. Georgc Island
Elizabeth and Jim Sisung.................Eastpoint
Eugenia and Bedford Watkins............Eastpoint
Brooks Wade Eastpoint

Back Issues
For current subscribers, back issues of the Chronicle are available
free, in single copies, if in stock, and a fee for postage and
handling. For example an 8 page issue would cost $1.25 postpaid.
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.

County Commission from 2
rescheduling of the public hearing
Was split 2-2, with Jimmy
Mosconis and Bevin Putnal voting
to delay thedhearing and Dink
Braxton and Edward Tollivervoting
against delay. The hearing is set
for December 7, at 6:30.

~" '9..





After many months, the same issues of fire protection and
standards have raised their heads once again in a public
forum. In last Tuesday's meeting of the Board of County
Commissioners and Thursday's St. George Island Civic
Club (18 November 1993), the ie protection and standards
issues were brought back into public forums, still without
any plan to deal with them nor much in the way of
explaining what this was all about to a confused public.
The Chronicle followed these reports when these items
were first noted last year before the Board of Directors in
the St. George Plantation Homeowner's Association, and
later at their annual meeting. Mr. Nick LaSlavic, and
Mr.Jay Abbott, Fire Chief of the St. George Volunteer Fre
Department, researched the issues and made presentations.
We are excerpting previously published reports from our
issues of 28 August 1992 and 28 September 1992 so these
discussions may reach a wider audience, and hopefully
one better informed on the fire protection issue.

Excerpt from the Chronicle 28 August 1992
Fire Protection Issue

Sporting a red shirt, Plantation resident Nick LaSlavic wanted to
impress Association members and the Board about the problems of
fire protection in the Plantation and St. George Island.

"Because we've got a serious problem. The St. George Island Water
Utility was not designed to provide fire protection. Period. The
source for that is Gene Brown, Hank Garrett and Ted Biddy, the
engineer that is currently...working with Covington Property.

I recently heard that the fire hydrants (in the Plantation) are to be
used for flushing the system. They were not there for fire
protection...So... I'm seeing red right now. ...The fire department ran
a test of 32 fire hydrants that we have on St. George Plantation. ...We
did that on 13th of July. At that time, we thought 6 of them provided
what the fire chief deemed questionable-adequate water source for
fire protection. The remainder were inadequate, two did not work,
one was buried, three I believe could not be tested because theywere
frozen. One has since been repaired. On the 31st of July, the fire
department went out again, and Iaccompanied them. We ran a test
on four of the fire hydrants that were part of the test that we ran on
the 13th of July. We found that only one of the four that we tested
even came close to providing what might even be termed adequate
fire water flow and that provided an average of 508 gallons per
minute during a five minute test. The other three thatwe tested were
substantially below the 500 gallons per minute, that is normally
required if you are using a pumper and you have at least 20 lbs. per
square inch to push that water into the pumper. Since we did that
test on 31 July, I subsequently got information from the Lanark
Water Department. They provided me with a manual that is put out
by an insurance association.... 500 gallons per minute is adequate
if you have at least 20 lbs. per square inch... except where your
homes have wooden shake roofs. Then you better double it. That
is, 1000 gallons per minute. ...Our water system does not provide
that type of fire protection flow, because it was not designed to do
that. Furthermore, the manual states, that these figures...are good
only ifyour homes are at least 100 feet apart ...When they get closer,
your gallons per minute required for fire protection continues to rise.
The utility was not designed to provide fire protection. We have an
8 inch main running down the center of Leisure Lane. It should at
least be a 12 inch main. We have six inch lines coming offthat 8 inch
main feeding fire hydrants at dead ends. We don't loop. Our system
does not loop. The manual states that hydrants at dead end streets
should always be on 8 inch lines. ...We've got a serious problem.
...Conceivably, if we get higher density built on this island you can
start right out at the very end, at the Bob Sikes cut, where the
Covington people expect to put up some 17 "shotgun houses" along
the Gulf. There are those "shotgun" houses you see down the middle
of the island. And, if they start. ...They intend to put in some tanks
and some high pressure pumps, which they saywill provide them the
fire protection capability that they need. My concern, Board
members, is simply that water they're going to be drawing off on is
coming down that 8 inch main..."


The Chronicle welcomes your views on public
issues. Please sign your letter and include your
full name, address and telephone number. We
may want to call you in case we have any
question about your letter. The chronicle will
only accept original letters, and will not publish
"open letters", or matters and concerning
private disputes with a business or individual,
public "thank yous" or letters promoting
meetings or events. Please send your letters to:
Letters To The Editor, Franklin County
Chronicle, Post Office Box 590, Eastpoint,
Florida 32328.

., . ...o:. .. .- .. .... . ,* :,* ; . -

LaSlavic and Alice Collins, island realtor, emphasized that the
problem was an "island-wide" problem, not restricted to the St.
George Plantation community. LaSlavic recommended that the
Board initiate action to meet with Franklin planners, discuss options
with County Planning and Zoning, and contacting the Department
of Environmental Regulation and Department of Community
Affairs, Tallahassee, and motions were made and passed accordingly.

Fire Protection
Excerpt from Chronicle 28 September 1992

Nick LaSlavic explained his fire protection report as presented at the
4 August 1992 Board meeting.

He said "...Since then some other things have happened. ...The St.
George Island Utility has come through. ...They have either
replaced...or repaired every fire hydrant... that we had (in) the
Plantation...that was not operating properly, or did not have water
in it. So, right now, every fire hydrant in the Plantation, and for that
matter, on the island...does now work." (Applause)

LaSlavic also reported to the membership about the 27 August 1992
meeting with the DER (Department of Environmental Regulation),
the Public Service Commission, the State Fire Marshall, and
representatives from the Florida Rural WaterAssociation. Attending
that meeting from St. George Island were Nick LaSlavic, Tommy Day,
Mason Bean, Mary Lou Short (Civic Club), and JayAbbott. LaSlavic
reported, "we learned quite a bit from them. But, unfortunately, one
of the things we learned was that the government...governing
authority does not have to require fire protection from any utility. We
also learned that the St. George Island Utility...was never designed,
constructed, to ever provide fire protection. ...So, the Utility is
providing us water and as long as that water is sufficient to handle
our normal needs, that's all that the governing authority has any

LaSlavic continued, "The state agency rules don't get involved with
fire protection. The State is not even in the business of providing
engineering support to help us get better fire protection. However,
they did inform us...that improvements to the Utility are being
considered, but no specific time frames were established... Right
now, one of our problems is... We've got an 8 inch main running
water across the bridge to an elevated tank. We've got an 8 inch main
runningwaterwest and east from the Utility. The standards say that
if you run even a small domestic water utility, if you run the main
more than 3 or 4 miles (the main) should be at least 10 or 12 inches
in diameter. Ours is only eight (inches in diameter). Even if we get
more pressure, we're...still hindered from the standpoint of the
diameter of that main... They're (the utility) pumping out something
like 750 gallons a minute."

John Spohrern Did they say wvho.would pay for it, if that had to go

LaSlavic: Well, eventually, I guess we would pay for it...

"..The fire chief said... We can still at least contain a fire, with the
268 gallons a minute we're getting (water flow). As long as we don't
have a large density of houses right together... Folks, that's what's
beginning to happen..."

Nick LaSlavic: "...The standards say that if you have a house all by
itself, the fire department needs at least 500 gallons a minute to
contain that fire. We're getting about 250 gallons a minute out of
most of our mains except down here along the 8 inch line. And, the
fire department says they can do a fairly decent job because of the
pumper they have. But as we get greater and greater density, our
problem is going to get more and more severe. The fire department
says we should continue putting in fire hydrants; they will be of
benefit to us..."

LaSlavic pointed out another important element learned from the 27
August meeting with state authorities, that of the "driven well." The
fire department has already agreed to sink a driven well outside the
Plantation and test it.

Citing standards, LaSlavic quoted from the manual of the National
Fire Protection Association. "Driven Wells are becoming increas-
ingly popular as water supplies for fire fighting purposes in industrial
areas, shopping centers, subdivisions beyond the reach ofamunicipal
water distribution system... What's a driven well? Very simple. You
run a pipe down into the aquifer. You put a connection on the top
of that pipe. You hook a two and one-half inch solid hose to that
'bear', you run it through your pumper truck. You have to prime
first, then you draft your water. If this...concept works, it only costs
about $400-500 a well versus a fire hydrant.. (that can) cost around

LaSlavic explained if the test works, there will be aviable compliment
in fire protection for the Plantation and the entire island...."We'll dot
this island with these driven wells... And, I think we'll get the
support of the DNR people who might say, Hey, we don't want fresh
water wells on the island because it's goin' to mess 'up our ecology.
But, if it's for emergency use only, we gotta pretty good chance that
this will be beneficial." (Applause)


Buying or

SYour First or Second Home

Gulf State Bank can help with a 10, 15, 20, or 30 Y

Rate Mortgage Loan at competitive rates


ear Fixed


Rose Drye From page 2
Thanks for a great year must goto
my fellow club officers and
directors, Tom Cross, Peggy
McChin, Roy Bateman, Marilyn
Bean, Harry Buzzett and Mary Lou
Short. Also, the Bingo Guys, Don
Thompson and Ollie Gunn, and
the many other committee
chairpeople and their committee
On Thursday, November 18,
officers and directors for the
coming year will be elected and
installed. The slate selected by our
nominating committee and
confirmed at the October meeting
is included on the ballot enclosed.
To participate in the election,
please mail your completed ballot
to the letterhead address, or bring
it to the next covered dish dinner
and meeting on Thursday,
November 18 at 7:00 pm. I hope to
see you there, and thanks or a
great year
Rose Drye"

- ~~- ---~~ ~ `------ Y Y I r

I _

I: ::


Paae 4, 26 November 1993 *, The Franklin County Chronicle

Puhlishpe twice monthiv on the 1 Oth anrl 26th



Gulf Beach Drive _______
hi' A w ) j^ / pK -- &. /

-- -____ -
x ---- XmPavi ---- i o

"- ft Pavilion

- East Gorrie Drive:

Reb-ilt ---------


At the last Franklin County Commission meeting, Tuesday, 16 November 1993, Joe Hamilton, Franklin County engineer, and Alan Pierce
presented a plan for a new Franklin County Park to be located at the intersection of Franklin Drive and Gorrie Boulevard on St. George Island.
This design shows the rerouting of Gorrie Drive on the east and west ends of the proposed park. The current helicopter landing pad would be
relocated. A basketball court and 68-car parking lot would be included in the interior of the park, along with public restrooms. The County
is also planning to rebuild the dunes leading to the water and would add a dune walk-over. Private funds have been committed for the public
restrooms but the funds for the other portions of the project remain uncertain. An application for restoring the dunes has been received by the
Department of Environmental Protection, which has approved the concept, but further funding must await legislative action.





By Rene Topping
The annual Yaupon Garden Club
Christmas Bazaar and luncheon
will be held at the Franklin County
Senior Center in Carrabelle on
Saturday, December 11, 1993 from
9 A.M. to 4 P.M. The center is
located at the comer ofF. Avenue
and First Street
Local artists and craftspeople will
be displaying their work for sale.
Items include paintings, jewelry,
Christmas decorations and baked
goods. Also for sale will be used
ks, last minute gift items and
terrific white elephant sale items
for the bargain hunters. All activity
will be inside so the affair will go on
rain or shine.
Santa will arrive at 1. A.M.
prepared to take requests from the
children and any adult who still
Helen Schmidtwho is chairperson
for the bazaar added that there are
table still available for anyone who
would like to display. For
information and reservations call
her at 697-3899 or write her at
P.O. Box 571 in Carrabelle.
Ms. Schmidt said that the Garden
Club has been active in community
activities for over fifty years.

Ap. alachiola



By Debe Beard
An extremely brief special meeting
of the Apalachicola City
Commission called to re-adopt
the 1993-1994 fiscal budget saw
newly elected commissioner Grady
Lowe question building permits
received by long time resident
attorney ,Ben. Watkins. Watkins,
representing Franklin Associates,
was denied a special exception to
the city'siahd use code. He needed
the an exception to construct six
townhomes along the Apalachicola
River Waterfront.
Litigation recently filed by Watkins
asks the court to reverse the
Planning and Zoning Board's
decision to deny the special
exception and cites a conflict of
interest on the part of board
Member Martha Pearl Ward and
city attorney, Patrick Floyd. Lowe
asked that all permits received by
Watkins over the past 25 years by
collected for review.


Otis D. "O.D." Griffin, go, of
Carrabelle, FL died Wednesday,.
October 20, 1993 at Emerald Coast
Hospital in Apalachicola, FL.,
A native of Youngstown, FL, and
moving from Quincy, FL, Mr. Griffin
had been a resident of Carrabelle
forover50years. A former furniture
salesman for Griffin Furniture In
Quincy, he later retired as -
newspaper carrier from the
Tallahassee Democrat, and he was
a member of the First Baptist
Church in Carrabelle.
Survivors include his wife, Asure
Kelley Griffin of Carrabelle; one
daughter, Julia Desha ofHonolulu,
HI; one brother, Clyde Griffin of
Denver, CO; one sister, wilabea
Barrineau of Quincy, FL; a great-
nephew, Will S. Kendrick of
Carrabelle; a niece, Frances Polly
Perkins of Tallahassee, FL; nine
grandchildren; four great-
grandchildren; and several other
nieces and nephews.

CNI W Graveside services were held on
CH RONICLE Saturday, October 23, 1993 at the
Evergreen Cemetery in Carrabelle.





From the publisher
The Chronicle is planning a double
issue in December, to be published
about 13 December, embracing
numbers 23 and 24. We expect to
publish reports on the Resort
Village hearing on 7 December, as
well as the usual number of other
meetings held during the first week
of the month. Some special
Christmas features are also being
planned. Advertising copy will be
due by 8th. By combining two
issuesinto one, our staff and
contributors will have a well
deserved rest for the Holidays.

Merrill Lynch

Private Client Group
FBobby Dick 215 South Monroe Street
Financial Consultant Suite 300
Tallahassee, Florida 32301
(904) 599-8969
1(800) 937-0663 US Watts

All arrangements were under the
direction of Kelley-Riley Funeral
Home, Carrabelle, FL.
Leonard Spelbring, 80, of Lanark
Village, FL, died Tuesday, October
1,1993 at the Lake City V.A.
Medical Center in Lake City, FL.

A resident of the Lanark Village/
Carrabelle CommunitySince 1973,
Mr. Spelbring was a World War II
Army veteran, a member of
American Legion Post 82 in Lanark
Village, and was of Protestant faith.
A Memorial Service will be held on
Monday, November 1, 1993 at the
American Legion post 82 at 2:00
pm....... ;.,
Survivori-s include oine son, Rodney
Spelbring of California; bne
daughter, Lana Graham; and three
grandchildren. All arrangements
under the direction Of Kelley-Riley
Funeral Home, Carrabelle, FL.
Gertrude Bush, 79, of Panama
City, FL, died Wednesday, October
20, 1993 atthe National Healthcare
Center in Panama City.
Formerly ofApalachicola, she had
resided in Panama City for many
years. She was a retired grocery
store clerk, and -was a member of
the Episcopal faith.
Survivors include one brother,
Gus L. Thompson of San Diego,
CA; a sister-in-law, Mrs. Evelyn
Thompson of Panama City, FL;
and several nieces and nephews.
Funeral services were held on
Friday, October 22, 1993 at the
Kelley Funeral Home Chapel.
Interment followed in Magnolia

Continued on page 8

Bait and Tackle Charter Boats

sportsman's 'JLdge

Motel & Marina
P.O. Box 606
Eastpoint, Fla. 32328
BOB & EDDA ALLEN Phone (904) 670-8423

Your home is only as good
as its foundation


RG 0060474

Specializing in DNR, DER Coastal Construction


(904) 653-2246

(904) 227-1813
. ." ': ,
; FAX:

(904) 229-8470

County Planner Alan Pierce

By Brian Goercke
Juvenile Justice Council Members,
Sandra Lee Johnson, Carolyn
Sparks and Connie Sadler,
prepared and circuited their needs
assessment throughout the
schools of Franklin County. The
students of Apalachicola and
Carrabelle High Schools and
Chapman and Brown elementary
schools were asked to respond
affirmatively or negatively to
educational possibilities. These
possibilities were broken up into
three categories, Social
Development, Academic
Development and Career.
Within the category of Social
Development, the students were
asked it they would be interested
in a program for the development
of self-esteem, a Big Brother/Big
Sister Program, a conflict
management project, a class on
how to sail a boat, a creative arts
program, a life skills program and
a hunting and hiking project.
Within the Academic Development
category, the options entailed an
after school computer center &
tutoring, a creative writing project,
a conversational Spanish project
and book club. Within the Career
Opportunities category, the
options included marine
mechanics training, auto
mechanics training, office skills
training and finance training. 'Each
category also had a space where
the student could write in his/her
The Juvenile Justice Committee
received 624 student responses.
Within the Social Development
category, the top two programs
sought after were a creative arts
program (466votes)and a life skills
development project (431 votes).
In the Academic Development
category, the students chose an
after school computer center (441
Votes) and after school tutoring
(429 votes) as their top priorities.
In the Career Opportunities
category, auto mechanics training
(440 votes) and marine mechanics

N,' , , ,'

training (430 votes) were the top
choices. Other ideas from the
students included: karate training,
ROTC, a typing center, boxing,
weight training, study on
endangered animals, archery, dog
training for hunting, community
clean up project, a game room, a
student and principal gripe
session, survival training,
gymnastics, study hall, assistance
in filling out applications, sex
education and a speech class. The
data received from the needs
assessment survey will be
implemented into the Juvenile
Justice Plan.
The plan will be reviewed by the
Juvenile Justice Council and
possibly used in the next Juvenile
Justice Grant application.



By Carol Ann Hawkins
Lanark Water & Sewer
District(LW&SD) Chairman Carl
Bailey said attorney Thomas
Thompson reported at the
November 15 meeting on a lawsuit
filed against the district in October,
1992 by T & A Contractors. A
more detailed report of the lawsuit
willbe presented in ournext issue.
Bailey also said grant funds
totaling $77,000 are beingwithheld
by Farmers Home Administration
(FMHA) pending settlement of the
lawsuit. Bailey added that a new
budget is being worked on. The
operation is still working at a
Other officers for the district are
Harold Sparks, Treasurer, and
Greg Yancey, Secretary.
The next meeting of the LW&SD
will be Monday, December 20.


VIDEO tapes of the Second

9 Septe
., Court


Video of
Workshop I
is still available

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.





Pu lse wc o thyo h 0ha d 6hTfF~ku .... ...... .... Chr.......... T 26............ 9... Pa--e"1










Following the judicial rejection of the Gulf Trading of Carrabelle, Inc. claim to exclusive use
of 6000 acres of Apalachicola Bay bottom, the company, through its attorneys, announced an
appeal to the First District Court of Appeals. Their brief was due in Court on 1 November, but
instead, the company filed a request for extension, which was, on 3 November, DENIED by the
First District Court of Appeal. Then, on 19 November 1993, the company filed a request for a
second extension, and there the matter stands.

The announced appeal to the First District Court of Appeals is still
pending receipt of a brief from the attorneys defending Gulf Trading
of Carrabelle, Inc., nearly 90 days after the Second Judicial Circuit
decision in the case involving the claim to 6000 acres ofApalachicola
Bay bottom. On 22 July 1993, the Second Judicial Circuit court
judge, L. Ralph Smith, Jr. rejected their claim to the 6000 acres.
The case began when the then Department of Natural Resources
received questions and concerns from Franklin County officials and
residents about the claims of William Pope of Panama City. Pope
announced that his 1988 reincorporated GulfTrading of Carrabelle,
Inc., company was renewing a claim tied to an old grant originally
made to a small number of individuals in 1904. A corporation had
been formed in 1905, absorbing grants made to 22 individuals and
embracing the 6000 acres of Apalachicola. The corporation was
active until 1936 when it was dissolved administratively the Florida
Secretary of State for failurM to file it's annual report. The corporation
was dormant for about 50 years until Mr. Pope reincorporated under
the same name in late 1988, asserting his claims. A few investors,
convinced that the apparently exclusive 1904 grants were valuable
assets, put money into Mr. Pope's corporate enterprise. By 1989,
word had circulated about the new claims, so the Department of
Natural Resources began litigation to seek an injunction and declatory
relief, to get determination about the validity of the claim, and to
clarify what the rights were concerning this claim.
In an interview with the Chronicle, the chief lawyer for this case
representing the Department of Natural Resources, Mr. Brian F.
McGrail said, "The State owns the sovereign submerged lands upon
which the (oyster) beds exist. We also now regulate the oystering and
all shell fish activities through our statutory mandate..." He added,
"...but Mr. Pope filed a Warranty Deed which is different from that of
the original grants... There are some subtle differences between a
grant and a lease. A grant involves giving one the right to use or
perform activities upon the land. A lease is similar, but in the grant,
all you had to do was perform activities. Plant the oysters, mark the
bed, cultivate them, harvest them and .after a certain period of
time.. .once you have continued in that activity you would become the
owner. And, you would have a vested right. "
"But," McGrail continued,"...the original grants were invalid to begin
with. ...In 1967 there was a Florida Supreme Court case called
Bryant v. Lovett (which) decided that the legislature in 1881 gave all'
coastal counties the right to issue these grants, but this was void
from the beginning because the Legislature did not have the right to
divest the State of those interests even though it was just a use in the
land, without the Board of Trustees having some unput into the
So, the grants were determined to have no legal effect from the
beginning (in 1904).
McGrail continued, "...Mr. Pope, I think, has been under a
misimpression for some time about what it is he had." .McGrail
explained that the issue came to the State's attention because of a
Warranty Deed obtained by Mr. Pope which asserted outright
ownership in the bay bottom. McGrail said, "...The grants were a
right to plant oysters and cultivate them. Nothing more. Nothing
! more than alease. ...So, he (Pope) never had anything more thaif a
When Mr. Pope filed, a deed, the Franklin County Tax Assessor
expressed some concern about it because ownership of Bay bottom
could affect millage rates and other technical considerations with
regard to the County budget and revenues. It would also appear to
make the Carrabelle company liable for back taxes on the land it
claimed. Pope's attorneys then changed their claim to an assertion
that Gulf Trading of Carrabelle still had a valid lease on the bay
bottom and were entitled to exclusively exploit that use. McGrail
agreed that under the conditions of continual use, there would be an
equitable entitlement. "If an individual continued to oyster under the
corporate banner, and If you could prove that..." there would be an
equible claim. "...And, this was the whole crux of the case with Gulf
Trading. If they could show that there were "x" oyster beds that they
Should say the had wanted, marked and harvested.. .all these years,
then they (GufTrading ofCarrabelle, Inc.) would (have)...an equitable
entitlement." McGrail said that Gulf Trading of Carrabelle refiled
their legal instrument as a grant as opposed to a warranty deed for
ownership. "They had the color of title in the grant. There was no
question that the grants were issued. Their legal arguments about
the validity is one thing. Their equitable entitlement to an exclusive
- area is another." McGrail continued, "You have legal rights and
equitable rights.

67 Commerce St.-Apalachicola
Monday-by appointment

"...The legal rights were precluded because of...the case I cited. (In
Bryant v. Lovett)...there's no legal right. But, if you in good faith
performed all of the the terms...you still have a shot at an equitable
"Mr. Pope had what he claimed to be an assignment of the rights from
the predecessor incorporation and there was one person in the
'present corporation who was the sone of one of the original
incorporators. They've got some ties there. "
But, McGrail continued, the U. S. Bureau of Fisheries had done a
study of the oystering inApalachicola Bay in 1916, a few years after
the first incorporation. They concluded that there were no private
oyster beds being worked at that time. "This was some evidence that
the original corporation was not complying with the grant
requirements, that is, to continue working the beds..."The Department
ofNatural Resources had to seek a declaratoryjudgment to determine
what rights, if any, had survived and who held them. "The burden
was on the person claiming that exclusive interest to establish it..."
Settlement Offer
Did Mr. Pope plan to win only to have the State buy him out? On 10
March 1992, attorneys for Mr. Pope, Mark Zilberberg and Henry C.
Hunter wrote the Dept. of Natural Resources submitting a "demand
for settlement" in offer and compromise, indicating that the taxed
assessed value of the property under litigation was $300,000,000.
The letter asked for "settlement negotiations", with the concluding
sentence," To avoid further litigation our clients will accept one.
appraised value ($150,000,000). No one responded to this offer
fr9m the Department of Natural Resources.
Additional Claims
The position of Gulf Trading of Carrabelle, Inc. is that the company
harvested and continued planting the artificial bars from 1905
through 1934. Gulf Trading of Carrabelle, Inc., was then "forced" to
discontinue planting and harvesting because the State of Florida
unlawfully superimposed leases on their property in 1934.
Additionally, the U. S. Army Corps of Engineers disreupted operation
from 1942 to 1988 by destroying artificial bars in dredging a channel
and disposing of spoil material from the dredging on artificial bars
on the property.
Excerpts from the Hearing Record
Mr. Zilberberg argued on behalf of Mr. Pope; Mr. Brian McGrail
presented the case on behalf of the Department of Natural Resources.
...MR. MCGRAIL: "Well, Your Honor, the issues as stated
in the complaint the state filed for declaratory relief, there's
an oyster grant issued under Chapter 32-93, Laws of
Florida, which give rise to this cause of action. The State
Department of Natural Resotifces, Board of Trustees of the
InterM.al Improvement Trust Fund are uncertain as to what
the status of any right ts or interests the grantee has under
that grant in terms of what the law is. We are of the position
that the grant is invalid. We are of the position that there
are no rights and interests today presently in the grantee
pursuant to that grant and as my motion for summary
judgment, as well as trial memorandum was briefed before
the court, the law on this matter, also the summary
judgment motion addresses the documentation of what
evidence support a claim pursuant to the Bryant v. Lovett
ruling that although the court stated in that case the
grants were void ab initio, the authority of Franklin County,
FranKlin county board of County Commissioners did not
have the authority to issue the grants affecting interests of
sovereignty land, that's all a matter of law under the Bryant
v. Lovett case.
Bryant v. Lovett referenced a former Supreme Court case
of Perky Properties v. Feldon and said thatlffthe grantee did
act under and pursuant to the terms of the oyster grant, it
has the burden, specifically the grantee has the burden to
demonstrate that they did comply with the terms of the
conditions and continuously marked, planted, cultivated
and harvested the beds, then there may be some rights on
an equitable theory to those beds that they can so identify.
Summary of the facts in the case are that pursuant to
discovery, depositions, interrogatories and affidavits, that
there is nothing, of a competent substantial'evidentiary
nature providedcby the defendants to support the fact that
between 1904 and 1989, the oyster grant area that was
granted to the surviving corporation, Gulf Trading of
Carrabelle, that they can point to a particular artificial bed
and say that's theirs and they can demonstrate that they
have continuously planted, marked, harvested and
cultivated those oysters throughout the years.
In sum, that's what the law is and that's what we feel the
facts and the pleadings and documents of record
demonstrate, that they failed to meet the burden to
establish that they have any rights on an equity basis
under Justice Whitfield's ruling in Perky Properties."


Building Supplies

Highway 98
Carrabelle, FL
(904) 697-3322

Selling the Pearl
of the Panhandle
My Specialty area is Carrabelle-Lanark-
Carrabelle Beach-St. Teresa-St. James-Eastpoint
Let me be your guide to finding your
"perfect pearl" of a property.

(the name says it all)

LISTED 10/20/93 (LIST WITH ME !) SOLD 11/4/93
Want to have a home on the cQ But didn't feel you could afford it?
If so look at this reason J age in Carrabe ated on two
corner lots just tw U PL. 98. Two bed ,, kitchen,
living room a4'F room. Lot has including three
palms...priced iht at $17,500. (Yes, it a little work.)

Office (904) 697-2181 Home (904) 697-2616 FAX (904) 697-3870

William E. Pope, Panama City, owner and executive of Gulf
Trading of Carrabelle, Inc.
The Judge is L. Ralph Smith, Jr, in the Circuit Court of the Second
Judicial Circuit in and for Franklin County, Florida.
...THE JUDGE: Well, you're going to have to establish in
Gulf Trading of Carrabelle, Inc., an ownership of that
oyster lease or grant that the state gave to these 22 people
in 1904 and if you can't show title to that, then we don't
have to go any further.
MR. ZILBERBERG: Right, there is no problem with that
and I think the state has agreed that we have the title to
it. The state just makes a position that there was no
original no valid original grant as per the Bryant v.
Lovett case and there was also an abandonment, a non-
use and a forfeiture to the state, which we would argue
would not occur, both under that case and in actuality and
on the basis of the affidavits and the other documentation
filed. Also that the state acted hostilely toward the grantee
and adverse to the grantee's interest, by leasing out the
grant area while the grantee held it and also permitted the
intracoastal waterway to go through, both of which were
hostile to the grantee. Then later on, even stated that there
was an interest in the grantee, let the individuals go out,
mark the area, and then later denied them the protection
of the state and filed the declaratory action.
I think that would summarize what the issues are before
you, Your Honor, and of course, in any event, if there was
a loss under the terms of the grant, that we have raised the
issue of inverse condemnation or a taking by the state,
condemnation by the state, and damages to the defendants.
THE JUDGE: Let's start with the basics. Do you, Mr.
Zilberberg, agree that it is your burden to prove that after
the grant of the oyster leases in 1904 to these 22 people,
that it's your burden to prove that everything that was
required, I think you mentioned in a year's time, was
MR. ZILBERBERG: Yes, it was, yes, Your Honor.
THE JUDGE: Where in the record do I look to find that?
MR. ZILBERBERG: One is the affidavit of Mr. Moore, the
son of the original E.RL. Moore.
THE JUDGE: How old is -
MR. ZILBERBERG: He is 80 years old and he was around
at the time.
THE JUDGE: He couldn't have been around in 1904. If he
was, he was in the gleam of his father's eye.
MR. ZILBERBERG: Well, he was around at a point when
the corporation or when there was a harvesting of
oysters, there was an oyster house in Apalachicola.
THE JUDGE: Yeah, I read all that, but as I understand,
1904, and we can get the precise date, within one year there
had to be certain- and this didn't have anything to do with
natural bars, but there had to be certain plantings, markings
and that sort of thing that would identify the areas that
they intended to plant oysters and then thereafter harvest
them, is that accurate?
MR. ZILBERBERG: When the young man when the
younger Moore, when the son was around, there was an
ongoing business. His father, as he testified, his father was
out there harvesting oysters in the area.
THE JUDGE: They could have been harvested from natural
beds or anywhere.
MR. ZILBERBERG: He also stated that theywere cultivated
...THE JUDGE: if the Department of Natural Resources
or the State of Florida, who had jurisdiction over this
property, recognized the validity of the grants during a
certain time subsequent to 1904, that would certainly be
evidence of the fact that the grantees complied with all
conditions, and if this document -
MR. MCGRAIL: Your Honor, I don't think that's the case.
What I'm trying to point out is that in 1913 when the first
legislation was passed and created the Shell Fish
Commission, they did away with the grants and they
started only conditional leases. They had documents such
as the one that Gulf Trading is claiming is their oyster
grant, through the original22 to Mr. Moore, to GulfTrading
as the grantee. There's no doubt I mean, we don't contest
that that was issued and the depiction of the grant area is
merely a plotting of the legal description contained in that
grant and I would have to I can't emphasize enough,
Your Honor, that in no way is an admission by anybody,
particularly DNR, that those grants were valid. The DNR
didn't issue the grants. We don't have jurisdiction over
those grants.

Continued on page 6

-^ Patient histories computerized
I Senior citizen discount 10%
CARRABELLE, FL 904-697-2766


S Remodeling & Custom Homes
Roofing & Repairs
F11r IVinyl Siding


John Hewitt

NO: RG0050763

'Awyq% M05rnwf


CAU. ka tf

The ranlinCoutv hroicl. -26 oveber199_3 -, Pag~e 5

Published twice monthly on the 10th and 26th

Paee 6. 26 November 1993 *, The Franklin County Chronicle

Published twice monthly on the 10th and 26th

Pilings In Apalachicola Bay


0 5

The Northwest Florida Water Management District (NWFWMD) is advising commercial and recreational
fishermen and boaters to avoid four pilings marked with square yellow reflective signs In the central part
of Apalachicola Bay. The NWFWMD installed the pilings to mark locations where submerged data
gathering equipment has been placed.
The pilings are located at:
N 290 40.1', W 850 0.7' N 290 38.3', W 850 1.2' N 290 38.7', W 840 59.1' N 290 38.9', W 84 56.8'
The pilings support the equipment which collect data on salinity changes in the bay due to changes in
wind conditions and fresh water flowing in from the Apalachicola River. This information will assist
NWFWMD researchers to define the patterns of change in salinity in the bay as affected by potential
withdrawals of water from the Chattahoochee and Flint rivers. These rivers flow through Georgia and
Alabama before they meet and form the Apalachicola River. This data gathering is part ofthe Freshwater
Needs Assessment the NWFWMD is conducting to determine the levels of fresh water that ar Apalachicola
Bay's productivity. The Freshwater Needs Assessment is part of a Comprehensive Study of the
Apalachicola-Chattahoochee-Flint River Basin being conducted by Florida, Georgia, Alabama and the
U.S. Army Corps of Engineers. The pilings will be removed in September 1994. They are permitted by the
U.S. Coast Guard. If anyone has any questions, call Ken Jones at (904) 539-5999 during the week.

Gulf Trading continued from page 5
I think I briefed to you both in summary judgment and
trial memorandum, there's been laws passed since then, in
1913, particular in 1961, that did away with the grants
entirely. Anybody that had a grant and could show they
had a grant and they could point to their artificial beds that
they have been cultivating since '904 or whenever their
grant, they were issued between 1895 and 1905, if they
could point to their oyster bed and say this is my bed and
here is my grant, then they came under lease, that's what
happened in the Shellis case.
But, Your Honor, there is just no way that it can be
represented that recognizing the legal description of a
grant that was issued in the document in anyway confirms
any activity, which is the defendant's burden, beginning in
1904 and continuing from 1904 to this day, and that is the
evidentiary fact that the plaintiff has the burden excuse
me, the defendant has the burden to establish.
SI think that. you know, the Bryant v: Lovett and 'ryantV'v.*'
Shellis, those combined cases. Justice Thornholt, in his
opinion made it quite clear, the grants were no good, the
actions of the Franklin County Commissioners were in
excess of their authority, but on equitable principles only.
If they had the grant giving them authority to enter upon
the oyster beds, meaning they weren't trespassing, and if
they did what they were supposed to do on a continuous
basis, and Bryant v. Lovett is absolutely clear on the fact
that these are not in perpetuity, they had to have continuous
activity and you have to be able to show and identify, and
through all the discovery and requests for production,
there's never been anybody from the defense to say this is
where the oyster grant is and this is where our bed is today.
There's been nobody said they could point to it from any
point from 1904 to the present.

Mark H. Zilberberg, Attorney for William E. Pope and Gulf
Trading Of Carrabelle, Inc.

Four Win


Carl Petteway and three other
employees of Florida Power*
Company, Larry Smith, RayTyree
and Darin Cox, were singled out
by the Carrabelle Area Chamber of
Commerce to receive awards for
service above and beyond the call
of duty to the Chamber and to the
City of Carrabelle.
The awards were made at the
Thursday, November 18 meeting
at the Community Center, in
Carrabelle. In making the awards,
Chamber President, Mike Murphy,
stated that the four always stood
ready to help the Chamber at the
various festivals and keeping the
electricity going. Florida Power
has made many contributions to
the city, including helping each
year to put up Christmas
In accepting the award, Petteway
said, "When you all called, all I did
was pick up the phone. Those are
the fellows (indicating the three
employees) who did the work."

Auto Body
Repair and

"You Bend 'em...We Mend 'em"
Boats, RVs, Trailers too

Owner Operated
HWY 98

A brief chronology of the Gulf
Trading of Carrabelle, Inc. case
3 March 1904
Franklin County Board ofCounty
Commissioners granted to 22
individuals the exclusive right to
plant. reap, gather, market and
sell oysters on 6000 acres of
sovereign submerged lands in
Apalachicola Bay.
14 July 1905
Gulf Trading of Carrabelle, Inc.
incorporated in the State of
11 August 1936
Gulf Trading of Carrabelle, Inc.,
administratively dissolved by the
Secretary of State, Florida, for
failure to file an annual report.
5 October 1988
Gulf Trading of Carrabelle, Inc.
reinstated by the Florida
Secretary of State.
21 July 1989
State first filed action for
declaratory relief.
7 August 1989
Court allows Franklin County to
intervene in the lawsuit.
22 February 1991
Counsel of record for defendant,
Carrabelle Trading of Carrabelle,
Inc., requests to withdraw from
the case due to disagreements
between the lawyers and client
regarding legal rights involved,
and non-payment of bills. The
order granting this motion was
dated 25 March 1991.
11 October 1991
Judge Lewis J. Hall, Jr., Circuit
Judge, grants defendant's motion
to dismiss the Franklin County
Commission as intervenors.
22 July 1993
Final judgment entered in the
Gulf Trading Case of Carrabelle.
20 August 1993
Gulf Trading of Carrabelle, Inc.,
files a notice of appeal.

The affidavits that were submitted, I think that they are
insufficient on their face, because even Mr. Moore, he
wasn't alive when the grant was issued, he wasn't alive
when his father bought all the leases and formed the
corporation, he has no personal knowledge of any activity
that took place. Your Honor, the fact that activity took
place on what are now public oyster bars or inApalachicola,
the defense cannot piggyback or acquiesce to that activity,
it has to be their activity. Your Honor, we're not talking
about whether it's the grantee of the grant, whether it be
a corporation or an individual. GulfTrad ig is a corporation,
it has many people out there, they would be an arm of the
This requirement only goes to who was the grantee in this
case, so I just there is no admissions of anything
whatsoever with regards to those grants being in existence
or being valid or being operated on. That is strictly the
province and the burden of the defense to establish that by
a preponderance of the evidence.
THE JUDGE: Well, I think that what y'all are all telling me
is there is no witness here who has given any deposition or
affidavit who was around in 1904 or 1905 to show whether
or not after the grants, the grantees went out there and
planted, harvested or marked any of the -
...THE JUDGE: The next type evidence that could be looked
at by the court would be this type thing that Mr. Zilberberg
mentioned, that if the state thereafter recognized the
validity of those grants, he has made reference to this
Florida Marine Research publication by the Department of
Natural Resources, you have given an explanation as to
why that shouldn't be given any weight by the court, by the
same token, the court could consider the fact, if those be
the facts, that a number of years went by where there was
no activity out there at all, which would indicate that the
properties weren't originally planted, marked or harvested.
All of those factors would bear on not only the case you
made reference to, but on the issue of whether or not the
conditions of the original grant were ever complied with. All
of that would be your burden to show.
MR. ZILBERBERG: Yes, sir. In 1913, the state did investigate
the grants that were supposedly in existence and would
have done away with those that weren't valid grants. This
grant was not done awaywith, so it's a back door approach,
but by virtue of the grant not being done away with, would
indicate that the grant were in existence at that time. It's



Hwy. 98 / P.O. Box 561
Carrabelle, FL 32322

IANAavaEla IPca653M-8C8

Your Fafinly indepeidant Pharmacy
Apalachicola 653-8825


flfotmes (904) 653-8878

Middlebrooks Funeral Hfome (904) 670-8670

not possible to go back and get somebody who was around
in 1904. The son can testify that yes, there was an ongoing
operation, according to what his rather said, itwas planted
at that time and cultivated at that time and met the terms
of the grant. The state's failure to act against the grant in
1913 when those grants were investigated, would indicate
that there was a grant in existence.
THE JUDGE: What I am looking at would appear to give the
Commissioner of Agriculture, with the assistance of the
Shell Fish Commission, the authority to settle disputes as
to boundaries between lessees, not whether or not a
particular lease is in existence or not, whether it has any
efficacy or not, so that the state's failure to do something
here wouldn't be indicative of anything, except that no
other lessee was claiming to have the right to plant or
harvest in that area.
MR. MCGRAIL: Your Honor, if I might, that issue, that exact
issue, I can quote out of Bryant v. Lovett, was addressed in
that court's decision, they addressed the duty of the Shell
Fish Commission pursuant to the 1913 act to do that. They
said that it was not the inference held the chancellor
arose from a presumption of a public official to do their
duty. Had the Shell Fish Commissioner inspected the grant
to determine whether or not they were being utilized and
were more contrary to appear, bring action to declare such
grants vacated. That was held not to be a requirement, that
because they didn't go out and investigate and prosecute,
that did not mean that the grants did exist and in that
Bryant v. Lovett case, they relied on, pursuant to the
statutory authority in 1913, the U.S. Fisheries Bureau's
surveys and other activity work and the U.S. Fisheries
Bureau's survey that was conducted in Apalachicola Bay
and the results of which are of record here, said that there
were no artificial oyster beds in existence. That publication
was made in 1916...
...Mr. MCGRAIL: ...All these points raised by Mr. Zilberberg
on behalf of the defendant have been asked and answered,
there's never been a case I have seen that is square on all
points with this. It's the same legislative act of 1881, it's the
same Franklin County oyster grants and these issues were
raised and decided in Bryant v. Lovett. The fact that in
1913 the Shell Fish Commission did not investigate every
grant was not in any way an admission, I mean, what we
are talking about with the grant area there, we are talking
about, like I say, like a surveyor will take a legal description
and take that grant and plot it out on a map, which is
exactly what was done in that article. Then they took the
lease areas, when you plot out a legal description on a map,
that's not an indication that somebody is out there
harvesting oysters or has been and thatjust is an erroneous
interpretation of what is being presented to the court. A
recognition by a document, I mean, we recognize that the
grant document exists, there's a copy of it in the file. What
we're saying is that they are invalid from the beginning and
the Supreme Court of Florida has said the only way that a
grantee has any rights surviving today. is if he can
demonstrate proof where, when, how, he performed under
the grant.
...The only principle we are operating under here is if they
have got it, they have got to prove it and they have got to
demonstrate it. They have got the burden, they have got
the burden of proof and preponderance of the evidence, by
testimony, documentation or otherwise. The affidavits
submitted are insufficient, there's no one, Mr. Hull and Mr.
Marts, I think his name was, don't even have any personal
knowledge of anything, it's all hearsay.
Mr. Moore has some personal knowledge and some personal
experience with it, but it doesn't even arise, by his own
testimony in the affidavit, until 1930. The only thing he
says that is any indicia of evidence to support the claim is
that between 1930 and 1935 he operated the business. The
contents of his affidavit speak to his running the oyster
house, it doesn't say anything about the location of the
oyster bar or any activities, including how much was.
harvested, the sales the corporation made, or anything of
that nature to indicate that this was privately worked or
cultivated or harvested oyster bed...
...THE JUDGE: Well, my thoughts are that there has not
been a showing by the defendants that any particular
property within that original 6,000 acres has ever been
planted or harvested and maintained from 1904 to 1905 or
from 1904 to 1993. What the defendants have attempted
to shows that the entire 6,000 acres was planted, harvested
and maintained, continuously for that period of time. The
evidence doesn't support that The mere fact that an oyster
house was being operated by Mr. Moore and his father, the
oysters could have come from Louisiana for that matter,
that's not indicative of that 6,000 acres having been
planted and harvested.
I think the plaintiffs have established their entitlement to .
the declaratory judgment that those private rights do not
exist in that 6,000 acres and the defendant has failed to
carry its burden to show that they have an interest, a
private interest in that property in any artificial oyster bed
anywhere in that 6,000 acres...
...MR. ZILDERBERG:...The problem is, of course, as the

Continued on page 7

-- ell nd F ish --
Highway 319 and 98 Pool Cbe TV =
P.O. Box 727
- Carrabelle, FL 32322 Downtown Adjacent to Carrabelle River and Beach =
" (904) 697-3410 Reservations Accepted Master Card Visa -
I IIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIII ilIiilll lll ll ll lll ll llll 11l lllll ll ll llll

ST. GEORGE PLANTATION Located on more than one acre this 2BR+loft/
3BA is truly a beautiful home. Many special features including screened
gazebo, circular driveway, double carport, landscaped yard, and more. Just
a short walk to beach. $207,000.00
GULFVIEW lot on E. Gulf Beach Dr. Build on pilings and enjoy the view. Short
walk to beach. $24,500.00
BEAUTIFUL wooded lot with lots of tall pines and palms for a true tropical
setting. $14.000.00
ACROSS FROM BEACH this street to street home site offers a terrific gulf
view. $50,000.00
INTERIOR residential lot with nice vegetation and located in peaceful area.
EAST END home site with plenty of trees and located on north side of State
Road 300. $24,350.00

S S S SE I 5 5

- - - - - - - -

Published twice monthly on the 10th and 26th The Franklin County Chronicle, 26 November 1993 Page 7

Gulf Trading continued from page 6
court is well aware, we just can't bring anybody back trom
1904 and we can't get those records from 1904, but I think
through circumstantial evidence, it indicates that at least
there was activity out there and at least the defendants
should be given the opportunity to show the state what
part, if any, of those 6,000 acres have the artificial bars and
were artificially cultivated.
THE JUDGE: I think that the case at this point is right for
final disposition and I'm going to ask the counsel for the
state to prepare a final judgment that would make the
finding and determination that that original grant in 1904
was not valid. That it at most gave you some color of title to
go in and acquire an equitable right to plant and harvest
oysters on artificial bars. That the evidence does not
support the defendant's position that they did so. That
there's even insufficient circumstantial evidence to support
any kind of an equitable claim on the property. There's been
an absolute void as far as proof on the part of the defendants
as to any particular property that has been planted or
harvested anywhere within that 6,000 acre original grant
and because of that failure of proof, that the state would be
entitled to its declaratory judgment as they prayed for.
The 2nd Circuit Court Decision
On 22 July 1993, the court decided the case for the plaintiff, the
Department of Natural Resources and Trustees of the Internal
Improvement Trust Fund. GulfTrading ofCarrabelle, Inc. does NOT
have any present exclusive rights or interest in the 6000 acres
claimed by virtue of the 1904 oyster grant, and the company failed
to demonstrate that it has a private, exclusive interest in any
artificial oyster bed contained in the 6000 acre tract.
Following the decision, and another review, attorneys for Gulf
Trading of Carrabelle, Inc, filed a NOTICE of appeal to the First
District Court of Appeals. An extension for filing of their brief was
submitted in late November 1993. In turn, the State of Florida will
have an additional time to file its arguments in response to the
appeal, and with issues joined, the matter will be set for argument.

Now is the time to

subscribe to the

Franklin County



[S uscri t-th

The St. George Island CihicClub Quilt. in a raffle dunng the Seafood
Festival (5-7 November 1993). Quillters Included Linda Holtzhausen
(design). Sharon Clark. Helen Marsh, Gwen Henkel. Shirley Adams.
Fran Beman. Ruth Guernsey. Evelvn Stripling. Jean Llvely. Elaine
Poindex-ter, Barbara Davlson.'Janet Weber, Lou Surra L Rene LaSlavic.
and Dot Law. The Quilt raised $2.422.30 In ticket sales for the raffle.
It was won by Jane Mathews of St. Cloud.

am taim( B fo Chaisia ggurgawam2
A Franklin County Chronicle subscription promotion
in association with
Yesteryear Productions, Inc.

-.- - -


1993, Jim Bov
of the Lanark f
in behalf of the

For Christmas, send a subscription and historical video to family and
friends for just $30 including taxes, postage and handling.

"I believe as you do that there is a fine market out there for portrayals of historic
flash-backs from people who have experienced what is depicted and said. Your
preparation and distribution of TALLAHASSEE. FLORIDA: TIMES GONE BUT NOT
FORGOTTEN has proved this to be true. I have warmly supported the merits of your work
on countless occasions. Thanks for coming to Tallahassee and the opportunity you have
afforded us to broaden our visions."
former governor LeRoy Collins

"I thoroughly enjoyed hearing about the history of this area from some of the people
who made it. It was all so fascinating. I couldn't wait to hear more."
Anna Johnson WCTV Anchorperson

"Barbour's film uses the very expressive faces of longtime Tallahassee residents to
tell its story. Though complemented by pictures and photographs of Tallahassee at the
time, the film is dominated by the weathered faces of these people as they recall what
Tallahassee was like, how its people got along, who was in charge and how things got
done... Often in staggering detail."
Steve McQueen Tallahassee Democrat

'The thing I think is fascinating is that it's more than one dimensional. It's the
people who made the history that are presented. The beauty of your presentation is that
it is something that can never come across in a book or magazine article. It's the next best
thing to having them in your living room. It made my mouth water for more."
Marion McDaniel Tallahassee Magazine
Special order form:
The subscription and video are available as a package only. No separate video
sales are available in this promotion. A one year subscription out-of-county is
normally $21.20 and $15.90 for in-county. The video normally lists for $39.95
when sold separately. With this special promotion, the newspaper and video
package is priced at only $30. This promotion offer ends 15 January 1994. You may
designate two addresses for the newspaper and video. All orders must be presented
"on this special order form.

IB--^S:^'./'^,^^ i'^(^^ TMIK


RK ARTS and CRAFTS show, 13 November
e (left) of Lanark Village and Liz Evans, wife
ire chief, sell raffle tickets for fund-raising
e fire department.

"13 November 1993. Old friends (from left) Mary
McSweeney, Lanark Village; Clare Viles, Carrabelle; and
visitor Marion Bryant, Niotaze, Kansas,renew old
friendships at the busy show held at the Lanark Boat Club.
Ms. Bryant drew the oyster tongers and boats featured in
the Chronicle's banner head in the issue published on 10
November. She lived in Carrabelle in the early 1980s and
was commissioned by the Gulf State Bank to draw a series
of pictures of the Franklin County area including the item
published by the Chronicle. She moved to Niotaze, nearly
on the Oklahoma/ Kansas state line in 1988. Some of her
artwork is still available in local souvenier and gift shops.




By Barbara Rhodes
Tallahassee Historical Society
In his video documentary,. "Times
Gone But Not Forgotten", Philip
Barbour has presented
Tallahassee with a priceless and
irreplaceable treasure-a visual
and oral history of the people whose
lives have enriched the Tallahassee
community in the Twentieth
From more than 200 hours of taped
interviews, Barbourhas culled 104
minutes into an extraordinary
presentation in which long-time
residents ofTallahassee offer their
free-flowing reminiscences about
life as they remember it-and as
most of us never knew it. Some of
the speakers are familiar-former
governor LeRoy Collins and
Tallahassee Democrat Editor
Malcolm Johnson. Their
presentations are all the more
precious because the contributors
have died since the documentary
was made. FAMU football coach
Jake Gaither remembers his
nervous arrival in Tallahassee just
days after a lynching occurred,
and we treasure this personal
glimpse into the life of a man who
is admired by so many.
Equally important are the
memories of people who were not
' public figures, those whose stories
Should die with them except for the
determined efforts and devotion of
someone like Philip Barbour. Few
people have ever had an
opportunity to chat with a woman
who picked cotton for a living or
with a caretaker at Goodwood
Plantation during its heyday.
Through this video presentation
we appreciate the life they lived in
Tallahassee half a century ago.
Barbour's film shows us what
mattered to people fifty or more
years ago, what Impressions were
vivid enough to last a lifetime, and
we see how events and trends of
past decades have influenced the
shape and concerns ofTallahassee
life today. He has wisely chosen
not to intrude as an interviewer,
but simply allows each of his
speakers to remember and ramble,
sometimes haltingly, as they
explore and develop their own
memories. The result has all the
charm of a, family reunion with
none of the annoying distractions;
it is a chance to visit with family.
"Times Gone" was an audacious
undertaking and it is a remarkable
achievement. It has also been a
costly venture for the producer
who financed it with a fifty-
of exposure and public awareness
has been detrimental to his
recouping his Investment. In spite
of financial handicaps, however,
Parbour is still hoping to produce
a second video covering the period
from 1940 to the present, and he
has announced his anticipation of
donating all 200 hours of raw
interview footage to the Florida
State Archives when that video is
Much of our concern for historic
preservation focuses on old
buildings and landmarks, but
Philip Barbour has preserved on
tape what can never be replaced-
the lives and memories of the
people who truly built this
community. It is a gift to
Tallahassee that willbe
appreciated more and more by
future generations. We strongly
urge the Historic Preservation
Board to acknowledge our
Indebtedness to him.
The video project won the 1992
Historic Preservation Award for

~b~I? ~


01-11.1 CE is
lfjjjA&jj: iasull
FAX 904-697-3870

- -d

The Franklin Couinty Chronicle, 26 November

1993 Page 7


Published twice monthly on the 10th and 26th




Fish Pricing: -

From Farm to


Douglas W. Lipton
Marine Economic Specialist
Maryland Sea Grant Extension
This series of articles will help
explainsomeof themysterybehind
seafood pricing. The intent is to
provide insight to producers on
how prices are determined and to
assist aquaculturists in projecting
prices for new seafood products.
While the path that seafood takes
from market to table varies among
species and from region to region,
a generalized diagram of seafood
.marketing channel s has been
developed (Figure 1). Eachof the
activities depicted here can either
be performed by separate firms or
one firm. Conversely, more than
one firm may be involved in any of
the activities: while one company
may do preliminary processing,
another maydo furtherprocessing.
Even the same species in a region
can enter the market in a variety of

Producer Fishermen Aquaculture
----- --------

Dockside Buyer
PTemary | ofec
Whodesale i

Secondary Distribuler/Wholesaler
Mcoles* up T i

Retal Stores Foo dservce


Figure 1.

The major objective of each
participant in the seafood
marketing channel is to make a
profit. Thus, every time ownership
of the seafood product changes, its
p rice goes up. The price increase
from one channel to the next is the
price margin or markup. This price
margin is determined by the firm's
expenses in handling the product
plus its profit. For example, a fish
processor who produces fillets
must make enough 'on the
subsequent sale of the product to
pay for the whole fish, labor,
shipping costs, plant and
equipment overhead; in addition,
the firm must earn a reasonable
return on investment.

A consulting report prepared for
the National Marine Fisheries
Service summarizes the current
knowledge about the extentof price
mar ns at various levels in the
seafood marketing channels
(Kearney/Centaur 1988).
Information from this study has
been used to develop a framework
for understanding how seafood
prices are set. The following
discussion examines how prices
are set between major marketing
channels by working backwards
from retail to secondary wholesale
markets to primary wholesale
markets to processors to producers.
Suppose that at a retail market the
price for catfish fillets i s$5.99 per
pound. The Kearney/Centaur
study showed that retail stores
mark up seafood about 32% over
their purchase price. Because we
knowwhat the average mark-up is
for these establishments, we can
calculate the price retailers paid to
the secondary wholesaler or
distributor for the product. To do
this, simply divide the retail price
by one plus the markup:

(Equation 1):
Ws= R
1 + Mretail
Ws = Secondary wholesale price
R = Retail price to consumer
Mretail = Mark-up at the retail or
food service level
In our example the secondary
wholesale price is:

Ws = $5.99 = $4.52




Craig Watson 'and Jerome
Shireman (Department of Fisheries
and Aquatic Sciences University
of Florida)

Tropical fish are marketed on an
international basis, with prices
being controlled by the retail end.
Most producers in Florida sell to
local buyers/distributors who then
resale the fish to other wholesalers
and retailers. Shrinkage in
inventory at each point of the
distribution can be extreme, and
increases in pricing at each point
of the trade, reflect an effort to
recover some of these losses. Those
interested in producing
ornamental fish should not look at
the retail prices as indicative of
what the producer will receive. A
fish which sells for $2.89 in a
northern pet shop, may be worth
as little as $0.15 to the Florida

Competition for a limited market
prohibits many new comers from
entering the market and Is perhaps
the greatest driving force in this
industry. Florida's farmers must
compete with imported fish from
the tropics, both wild caught and
farm raised. The Far East is viewed
as the major competition, since
there are strong production centers
which produce many of the same
varieties which the United States
is trying to market. Often the
imported fish can be bought
cheaper, due to the reduced cost of
production (i.e. Labor) in these Far
astern countries.
Not only must the United States'
farmers compete with overseas
varieties, but they must also
compete with each other. Choosing
a variety of fish which will be in
demand at the time of harvest is
extremely difficult when there are
so many competitors who may
produce the same variety. Due to
this situation, it is advisable to
proceed cautiously if one.plans to
enter this market. A certain amount
of expertise in the industry is
almost a prerequisite to success.
While large numbers of fish are
sold by Florida the key to a region's
success is in possessing a large
selection of different varieties. An
isolated producer with only a small
selection of varieties will find it
extremely difficult to market any
large numbers of fish, as the buyers
demand variety. While tropical fish
production is taking place in other
portions of the United States,
Florida still controls over 95 percent
of the supply, mainly due to the
selection which is available to
wholesale buyers.
In addition to the farm-raised fish,
Florida also is a major transhipper
of wild-caught fish from South
America and Africa. As with any
aquaculture enterprise, the key to
success is dependent upon a
thorough investigation of the
market PRIOR to beginning
Reprinted by permission of the
Florida Department of Agriculture

Hwy. 98
Carrabelle, FL 32322
(904) 697-3787

Pine St. Mini Complex
St. George Island, FL 32328
(904) 927-2044

A New CookIbOOIkof the Area
By Joyce Estes, available at
Bayside Galefry e&' Forist, 'Eastpoint
'The Camoflage Shop, Apatachicola
Bayside Flower Shop, Carrabeffle

Price $9.95
Write: P.O. Box 585, Eastpoint 32328

Pictured above are pilings scheduled for installation in the existing 55
foot high structure over the marine traffic channel. Work on the bridge is
expected to extend into next spring with occasional traffic delays and one
lane travel over portions of the bridge.






By Alan Peirce
Aquaculture Development
Representative /Florida Bureau of
Seafood and Aquaculture
Existing Florida aquaculture
producers, and those who are
investigating the business of
aquaculture in Florida, should not
overlook high-value products
which have potential. As our state's
population expands, it is inevitable
that the use of natural resources
including land and water will
become more expensive and
increasingly restricted. This trend
will make it more and more difficult
for Florida producers to remain
competitive in the production of
lower-valued products where profit
margins are small. This is
especially true for production
systems that utilize large land
areas or require large quantities of
water. This reality has resulted in
a great deal of interest in the use of
intensive, recirculating systems.
However, It Is equally important
for Florida producers to investigate
the use of high-value specieswhich
can offer greater profit margins.
We have some real production and
marketing advantages in Florida
and we must use them to our
advantage to be successful.
At the present time, Arkansas is
the only state In the nation with a
significant bait fish production
industry. Arkansas's success is
due to the wise use of good
environmental conditions and the
fact that they got a big head start
on other states. Industry pioneers
began producing and distributing
bait fish in Arkansas during the
1940's. Bait producers inArkansas
now utilize more than 27,000
surface acres to produce golden
shiners, fathead minnows and gold
fish. Farm-gate sales now exceed
$27 million and Arkansas-grown
bait is sold in 38 states.
Largemouth bass and black
crappie (speckled perch) fishermen
in Florida, Georgia and Alabama
are the most valuable customers
of the Arkansas bait producers.
The Florida Game and FreshWater
Fish Commission (GFC) issued
476,000 resident freshwater
fishing licenses and another
150,000 non-resident annual and
ten-day licenses in 199 1 -1992.

It's somewhat ironic that the vast
majority of these fishermen have
no idea that the bait is a farm
product fromArkansas. The reason
I mention this is to wake up fish
culturists in the state of Florida.
We have suitable environmental
conditions for bait fish culture and
we are in close proximity to a huge
and growing bait fish market. The
GFC estimates that recreational
freshwater fishing has an economic
impact of over $1.0 billion dollars.
It's also ironic that the average
wholesale price for bait fish is two
to three times higher than prices
for food fish. In North Florida, large
golden shiners (5 to 8 inches) retail
for $.60 to $1.00 each during the
lunker bass season of Christmas
to March. These prices have
something to do with the fact that
true fishermen would rather fish
than eat (unless of course it's
Several species of freshwater bait
fish including golden shiners,
fathead minnows, crawfish
(Procambarus alleni) and bull
minnows (Fundulus grandis) are
worthy of serious investigation.
A great deal of production /
technical information can be
obtained from your county
extension agent and /or
aquaculture specialists employed
by the University of Florida.
Dr. Andy Lazur of the Northwest
Florida Aquaculture Education
and Demonstration Farm is
presently investigating the
economic feasibility of bait fish
production in Florida. Preliminary
results are favorable and additional
information can be obtained by
contacting Dr. Lazur at904/67431
The GFC has also conducted a
great deal of work on the
production of native crawfish
species. Persons interested in the
production of native crawfish for
ait should contact Rick Stout or
Mike Miltner of GFC at 813/648-
Persons interested in producing a
freshwater species of fish in Florida
should always check with the GFC
to determine its regulatory status
and find out about any production
requirements, licenses, permits or
restrictions that may apply.

continued from p.4
All Arrangements were under the
direction of Kelley Funeral Home,
Apalachicola. FL.
Elsie C. Perking, 93, of Lanark
village, FL, died Wednesday,
November03, 1993 inTallahassee,
Anative ofChicago, IL, and resident
of Lanark Village since 1967, Mrs.
Perkins was a retired secretary,
and a member of the Lanark Village
Community Church.
Survivors include her son and
daughter-in-law, Philip E. and
Irene Perkins of Ingleside IL; four
grandchildren, Cindy, Tony,
Raymond, and Jimmy; and six
great-grandchildren, Nicholas,
Jeffrey, Adam, Bradley, Michael,
and Bryan.
Funeral services were held on
Saturday, November 06, 1993 at
the Lanark Village Community
Church. Interment followed in
Evergreen Cemetery in Carrabelle,
All arrangements were under the
direction of Kelley-Riley Funeral
Home, Carrabelle, FL.
John 0. Johnson, 73, ofCartabelle,
FL, died Wednesday, November
03, 1993 this home in Carrabelle.
A native of Guantanamo Bay,
Cuba, and moving from Sarasota,
FL, Mr. Johnson had been a
resident of Carrabelle since 1964.
He was a retired land surveyor, a
World War II Army veteran, a
member of the Disabled American
Veterans, and was a member,of
the Carrabelle United Methodist
Survivors Include one brother,
Harold Johnson of Safety Harbor
FL; and one sister, Billie Ball of
Evanton, VA.
Funeral services were held on
Saturday, November 06, 1993 at
the Carrabelle United Methodist
Church. Interment followed in
Evergreen Cemetery, Carrabelle,
All arrangements were under the
direction of Kelley-Riley Funeral
Home, Carrabelle, FL.


serving all of Franklin County
653-2208 697-3366

Antiques & Collectibles
Weldon C. Vowell
Snow Cook House Highway 98 at 4th Street
P.O. Box 671 (904) 697-3539 Carrabele, Florida 32322

.f !

it U'i'/uc Shoppily &Apariacu

Mary's Jewelry
Nancy Nelson, Owner (904) 653-8882
85 Market Street, Apalachicola, Florida 32320


The Chronicle is published twice monthly. Mailed
subscriptions within Franklin County are $15
($15.90 including tax) for one year, or 24 issues.
The out-of-county rate is $21.20 including taxes.
All issues mailed in protective Kraft envelopes.



City State



Basic subscription, 24 issues.

= Out of County

=I In County
Franklin County Chronicle
Please send this form to: Post Office Box 590
ease end rm t Eastpoint, Florida 32328
904-927-2186 or 904-385-4003

A fFrierld.

University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs