Title: Franklin county chronicle
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Permanent Link: http://ufdc.ufl.edu/UF00089927/00029
 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: December 15, 1993
 Subjects
Spatial Coverage: United States -- Florida -- Franklin -- Apalachicola
Coordinates: 29.725278 x -84.9925 ( Place of Publication )
 Record Information
Bibliographic ID: UF00089927
Volume ID: VID00029
Source Institution: Florida State University
Holding Location: Florida State University
Rights Management: All rights reserved by the source institution and holding location.

Full Text






BULK RATE
U.S. POSTAGE PAID
APALACHICOLA, FL.
32320
PERMIT #8


7"^ |~ BAY AREA CHORAL SOCIETY SINGS JOY OF CHRISTMAS see page 5 I *Ir I'ilh

ICT ^AS*E ^1 ^W^1fS *XeJ T S B' yff A


The FranklinCountyChronicle


Volume 2, Number 23 and 24 Published twice monthly on the 10th and 26th 15 December 1993-10 January 1994


RESORT VILLAGE MULTI-


FAMILY REJECTED BY


COUNTY COMMISSION


Dr. Ben Johnson and Coastal
Development Consultants, Inc.,
appeared before the Franklin
County Commission Tuesday
night, 7 December 1993, and
formally requested that their 58
acres within the original St. George
Island Development of Regional
Impact (DRI) be approved for multi-
family (condominium)
construction and that their master
plan for those acres NOT be
declared a substantial deviation
from the original 1977
Development Order (DO). The
Franklin County Commission
voted to denythe request to amend
the DO to accomplish those ends,
3-2.
Toward the end of the fourth hour
of the hearing. Commissioner Ed
Tolliver explained that he opposed
the amendment to the DO and
then he moved to deny approval of
the amendment to the DO. He was
joined by Jimmy Mosconis
(second), and the vote was taken
with Commissioners .
Saun'ders and Bevin Putnal
remaining silent. Chairperson
Dink Braxton declared a tie vote,
and then cast his vote to deny the
amendment.
Dr. Johnson broughtafive member
"team" of specialists, each
testifying to various aspects of the
overall plan, with Johnson, the i
generalist (as he referred to himself)
summing up theyflllage arguments
in, favor of adopting the
amendment.
The proposed amendment sought
approval for the master plan
including multi-family residential
units, with a maximum of 60 multi-
family units, 247 inn/guest house
units, 22,500 square feet of heated
and cooled miscellaneous
commercial space and 12,500
square feet of heated and cooled
retail space and other ancillary
and support and recreation
facilities.
Dr. Johnson explained that other
elements in the amendment were
stimulated" by regulatory
agencies, referring to his meetings
with various agencies such as the
Florida Dept. of Environmental
Regulation, which takes
cognizance of the proposed
wastewater treatmentfacility. With
regard to water supply, the
amendment stated that "to the
extent that there is available
capacity, water supply will be
provided by the St. George Island
Utility Company. If capacity is not
available from this utility water
supply may be obtained from any
other properly permitted central
water system." The amendment
contained a plan for freshwater
wells to serve no more than six
equivalent residential units (or
2,100 gallons per day). Other
provisions included native
vegetative, wetlands protections,
and reporting requirements.
As the hearing wore on, more
concerns about wastewater


Lee Edminston


Dr. Tom Aaams


Continued on page 14 Amelia Varnes


FRANKTATN

COUNTY

COMMISSION

By Debe Beard
The St George Fire ChiefJayAbbot
and Assistant Chief Lee Edminston.
appeared before the Board of
County Commissioners asking for,
assistance in increasing the fire
protection for island residents.
Abbot explained the Volunteer Fire
De artment has a thirty-five foot
ta adder but that coun ty build ig
code allows houses to measure
thirty five feet from the first floor
which with the homes built on
pilings can occur nine to fourteen
feet'above ground level. Abbot
said that he feared some one would
trappedd on the upper floors an.
fahe Fire Department would be,
unable to get them out safely in
the event of a fire.
The department also asked that
the county building ordinance be
amended to require fire escapes
on all new construction with
habitable floors twenty-four feet
above ground level as well as smoke
alarms. Members of the fire
department, county government,
and other interested parties, such
as builders and developers will
continue to meet in informal
workshops in hopes of developing
an equitable solution to increase d
fire protection on the island.
A handful of St George Island
residents were on hand at the
December 7 public hearing, with
regard to plans for a new park on
the island public beach. County
Planner Alan Pierce presented
commissioners and those present
with a detailed map showing the
proposed changes which include
moving the helicopter pad and re-
routing of Gorrie Drive and
Franklin Boulevard. The
completion of the project depends
on securing adequate funding, but
when complete, would include a
basketball court, pavilions, two
parking areas, restrooms and a
boardwalk to the beach.
Commissioners expressed dismay
as County Engineer Joe Hamilton
reported on the costs of taking
samples of groundwater from
monitoring wells at the county
landfill. Close to $38,000 is being
paid to the firm of Montgomery-
Weston to conduct the quarterly
sampling, an expenditure which
Commission Chair Dink Braxton
said "at this rate, will eat us alive."
The last round of sampling showed
no contamination, but the
Department of Environmental
Protection has required one more
round of clean samples before
being satisfied with the results.
According to Hamilton, no public
or private wells would be affected
even if there were contaminants
found. The countyhopes to reduce
thenumber of sampling to only
one a year, in hopes of lowering
costs. Commissioner Jimmy
Mosconis said, "for that kind of
money, we could dig up the entire
landfill and ship it someplace else."
Mosconis suggested the county
seek a legal remedy to reduce the
number of samples necessary.
In an effort to maximize revenue
from the sale of recycled materials,
Franklin County has enters into a
multi-county agreement with five
neighboring counties: Jefferson,
Calhoun, Liberty, Gulf and Bay
counties. They will combine their
recycled materials with those from
Franklin County in hopes of
reducing shipping costs and
increase income from the sale of
materials. The recyclable materials
will be brought to the county
landfill where it will be sorted,


Inside

Shellfish Rustling
Page 2

Christmas Plans of
Area Churches Page2

Editorial &
Commentary
Page 3

Coming Home to the
St. George Inn Page 4

Christmas Story
Page4

Aquaculture Appeal
Page 9


MYSTERY

ILLNESS


HAS STATE
CARRARTLL OFFICIALS

CITY DOTT77T ,-T


COMMISSION

By Rene Topping
Argus Services, Inc. (A.S.I.) was
approved to pick up the unexpired
franchise for collection of garbage
in the city ofCarrabelle. C.E. Webb
of A.S.I. agreed to continue with
the franchise at the same rates.
The contract extends until
December 1996. Commissioners
also agreed to allowA.S.I. to change
the service from two days a week to
one day a week on a trial basis.
Commissioner Jim Phillips made
it clear that it was only an
experiment and if commissioners
received negative calls from
residents the company would
return to twice a week service.
The company has supplied
residents with large garbage
containers and Commissioner
Marie Grey said that at least in her
neighborhood this seemed to be
satisfactory, as these containers
were not being filled. Webb said
that if there were problems during
the hot months of June, July and
August his company would return
to the twice a week pick up for
those months.
The agreement came after Webb
had completed a three month trial
period satisfactorily. Webb agreed
to pick up garbage at the tennis
courts on a free basis. He also said
that if containers are not full
residents would be allowed to put
yard trash in with household
garbage.
City commissioners ranked
Baskerville and Donovan as their
first choice over William Bishop
Engineering to work on grants and
special projects contingent upon
the commissioners working a
satisfactory financial agreement
with that company. Negotiations
right away. If no agreement can be
reached with the Baskerville and
Donovan company, negotiations
will be opened with Bishop. It was
made clear to both companies that
neither would be the City's sole
grantsman. Under the terms set
forth in the city advertisement
either companywould receive most
of their pay through grants they
would write.
Bill Bailey was turned down on his
request that the city close the 30
footalleyin Block 148, (C2) Picketts
Addition to the City of Carrabelle.
Bailey owns all of the lots in that
block and proposes to build only
one house. Bailey was also turned
down on a request that the city
consider making all the alleys in
that area 10 feet. The request was
denied with a vote of 3-1, with
Williams, Grey and Phillips voting
against and Mayor Carlton Wathen
* voting for.
Commissioners also turned down
a request to advertise for a public
hearing on closing the portion of a
30 foot alley on Ridge Road that
lies between Avenue C South and
Avenue D South.


A LI ZVLAJI

By Lee McKnight
The Florida Department of
Enviroffinental Protection(DEP),
reacting to reports of outbreaks of
an illness attributed to the
consumption of oysters, closed
Apalachicola Bay to shellfish
harvesting on December 1, 1993.
To an oyster industry already
shaken by frequent, prolonged bay
closures early in 1993 and periodic
reports of Vibro outbreaks, the
closure was both unwelcome and
a baffling mystery for which state
regulators have no answer.
Sanitary and Safety Specialistwith
the DEP Tom Hightower said, "At
this point we have more questions
than answers." To date, no
pathogen has been found that
might have been responsible for
an illness that claimed 24 victims
in six separate outbreaks from
Chipley, Winter Haven, Panama
City and Perry.

Continued on page 14


The Great

Wheelbarrow

Ride

By Rene Topping
Sunday, 28 November, saw a
strange sight in Carrabelle as one
man pushed another man, waving
an FSU banner, a distance of just
over one mile in a wheelbarrow.
Thai is not sight one sees daily,
especially on the main road right
through town. The ride celebrated
one man's jubilation and other
man's humiliation about the
results of the BIG GAME played on
Saturday, 26 November 1993 in
which Florida State won over
university of Florida.
For several years Gator fan, Jerry
Messer and Seminole fan, Jerry
Adam, owner of Harry's Bar, have
argued the merits of their teams.
This year, to try to settle which is
the best team, they placed a bet
with one another. It went this way;
the fan of the team that lost would
have to find a wheelbarrow and
then push the other fellow all the
way from the bridge to the bar.
So, Sunday at 2 p.m. Jerry
Adamsreclihing triumphantly on
a pillow in the wheelbarrow as


Continued on page 14


PSC DISMISSES

ST. GEORGE

UTILITY RATE

CASE

The Public Service Commission (PSC) at the Agenda Conference on
Tuesday, 23 November 1993, dismissed the rate increase case
requested by the St. George Island Utility Company, Ltd citing failure
ofthe Utility to follownotice requirements ofthe Florida Administrative
Code. The Commission said, in part, "We find it a very serious issue
for a utility not to provide notice to its customers of such a filing. Not
only is this a clear violation of the Commission's rule, but also it
denies due process to customers."
The order dismissing the rate proceeding read, in part, as follows.
"St. George Island Utility Company, Ltd. (the utility) is a
Class B utility providing service to approximately 993
water customers in Franklin County. On August31, 1993,
the utility filed an application for approval of interim and
permanent rate increases pursuant to Sections 367.081
and 367.082, Florida Statutes. However, the minimum
filing requirements (MFRS) were found to be deficient.
Subsequently, the utilitysatisfied the MFRs and September
14, 1993, was designated as the official filing date.
At our November 9, 1993, Agenda Conference, we reviewed
the utility's proposed rate increase request and the
information filed in support of the application. We found
it reasonable and necessary to require further amplification
and explanation of this data, and to require production of
additional or corroborative data. Therefore, pursuant to
Section 367.081 (6), Florida Statutes, we suspended the
utility's requested rates.
Also, at our November 9, 1993, Agenda Conference, we
considered the utility's request for interim relief. Rule
2522.0407(4), Florida Administrative Code, requires a
rate request synopsis to be provided within thirty days of
the official date of filing. Thirty days from the official date
of filing was October 13, 1993. More importantly, Rule 25-
22.0407(5), Florida Administrative Code, requires that ail
customers are to be given notice of the rate case proceeding
within fifty days from the official date of filing. Fifty days
from the official date of filing was November 3, 1993. We
determined that the utility had not submitted any notice

Continued on page 14


Continued on page 14 Continued on page 14


:, NX


I"










Page 2, 15 December 1993 The Franklin County Chronicle Christmas and New Year Issue


Published twice monthly on the 10th and 26th


HIGH-TEC

CHIP

STOPS

SHELLFISH

RUSTLING

By Hank Stoddard, DVM, DTVM
Shamrock Veterinary Clinic &
Fisheries
Project OCEAN, a program that
trains residents of Taylor, Dixie,
Levy and Gilchrist Counties in
shellfish aquaculture has a
Shellfish Identification Committee
which consists of Dr. Hank
Stoddard, as Chairman, and Ms.
Mary Clark and Dr. David Vaughn
of Harbor Branch Oceanographic
Institution.
The Shellfish Identification
Committee was formed because
shellfish aquaculture is
exceptionally sensitive to theft.
There are many reasons for this:
*shellfish are farmed in a area
considered public domain.
* increasing and legitimate water
traffic.
* one clam or oyster looks like the
next.
* until recently, shellfish have been
considered a publicly-owned, wild
animal product subject only to
state and federal regulatory harvest
constraints.
* arrest and prosecution of
shellfish thieves is inherently
difficult, time consuming and
expensive. It is a new criminal
activity to most law enforcement
agencies and has a lower priority
versus violent crimes.
An indisputable technique to
identify the ownership of shellfish
will
* prevent and deter theft.
* help secure loan and mortgage
collateral.
* simplify unifonm Commercial
Code I registration.
* enhance the enforcement of
harvesting restrictions and
marketing constraints.
* improve public health by
minimizing shellfish-borne
diseases.
* decrease product liability.
* improve selective breeding
procedures.
* maximize marketability and
consumer confidence.
* support shellfish health services
and reduce the spread of shellfish
diseases.
* augment shellfish research and
aquaculture techniques.
A recent theft of a million seed
clams from HBOl's inventory
destined for graduates of Project
OCEAN in Cedar .Key,
reemphasized the need for
improved shellfish lease security.
Law enforcement officers working
on the HBOI theft stated that
successful arrest and prosecution
was almost entirely dependent
upon proving clam ownership.
I decided to investigate the
practicality of adapting an animal
identification system designed and
patented by the American
Veterinary Identification Devices
(AVID). Our shellfish security
problems were explained to AVID s
Chief Executive Of ficer. and he
volunteered up-front research
funding and support to investigate
the adaptability of theAVID system
for shellfish.
The permanent, unalterable AVID
system consists ofa tiny microchip
that acts as a passive transponder
and a microchip reader. The chip
is sealed into an identity tag about
the size of a grain of rice. Each
identity tag is manufactured and
programmed to prevent
duplication of I.D. codes. No two
tags will ever have the same
number. '
The AVID portable tag reader is
compact and weighs less than two
pounds. It resembles a hand-held
hair dryer and generates a low-
energy radio signal that activates
the identity tag to transmit its
unique alphanumeric number. The
received number is displayed on a
liquid crystal display; the code can
be stored in the reader and
transmitted to computer via an
RS-232 interface.
The AVID system's characteristics
make the identification of batches
of shellfish practical. This is
accomplished by creating a
"marker" clam. A clam to be
"marked" is steamed open and
shucked, and the meat is
substituted with marine sealer/
adhesive of the original live weight
of the clam. An AVID identity tag is
embedded in the marine adhesive
inside the clamand closed. Current
microchip size permits marking
clams and oysters larger than 12
mm in diameter. AVID can engineer
smaller chips if there is a need to
mark smaller shellfish. In
appearance, marker clams are
indistinguishable from live clams
of the same size.


Continued on page 14


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REP ALLEN
BOYD
UNHAPPY
OVER
FRANKLIN'S
PARTICIPATION

IN LITIGATION

School Board member Willie Speed
was the lone representative of the
Franklin County School Board at
the poorly attended Legislative
Delegation forum held by State
Senator Pat Thomas and State
Representative Allen Boyd at the
Franklin County Courthouse on 8
December 1993, and as such was
given a clear message to take back
to the Board.
The forum is intended to allow the
county constitutional officers,
school board members, county
commissioners and ,city
commissioners ofApalachicola and
Carrabelle to present concerns they
may have about problems in the
county. The only constitutional
officer present was Doris Gibbs,
Supervisor of Elections. Carrabelle
City Commissioner Raymond
Williams, Apalachicola Mayor
Bobby Howell and Apalachicola
City Commissioner Jimmy Elliott
in addition to Speed were also in
attendance.
Speed was very complimentary in
regard to the help from the
delegation he had received in trying
to obtain a vocational/technical
school to be sited in Eastpoint; He
said the effort was moving along.
Speed was not ready for the
reaction Representative Boyd had
to the entrance of Franklin County
School Board, along with other
small counties, into a lawsuit being
placed.-against the State on the
equity issue. When he told Boyd
that the local School Board had
voted for joining the suit, Boyd
responded, "I must tell you, and I
am speaking for myself, certainly
not for Senator Thomas, you
brought up some very interesting
issues tonight relating to small
districts. You talked about facilities
and about sparsityand those kinds
of things. We (the legislative
delegation) have to fight tooth and
nail for money for the things."
"Actually, we are a revenue taker
up here. We get way more revenue
than tax dollars that we produce,
and we get those from the rich
counties. I want to tell you that it
disappoints me that our small
districts are suing the legislature
and it also disappoints me that the
superintendent is not here to talk
to us about the lawsuit."
"One other issue I want to talk to
you about and that is the issue of
the spending cap statewide
referendum initiative. If we don't
do something in the legislature to
get a handle on increased spending
each year, the people of Florida are
going to put an initiative on the
allot and when they do it it is
going to pass."
"When it does, you've got an
adequacy lawsuit over here, you've
got H. R. S. Corrections and all of
that mess, and Florida is going to
look like California and you know
what a mess California is in today'"
"The small counties like Franklin
County and Franklin County
has less than 9,000 people in it
and is the second or third smallest
in the State. Those people in
Broward County today, when they
start scrambling for money; if we
get into this adequacy lawsuit and
spending cap, we're going to be big
losers. It upsets me terribly that
across the district, small county


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school districts are taking part in
that lawsuit. We are going to be the
losers, And I am disappointed that
the school superintendent is not
here to address the issue."
"We come here and we're asked for
special faciltles money and sparsity
money and all these things, yet
we're told on the other hand 'we're
going to sue you, Pat Thomas and
Allen Boyd."
He added, "That doesn't mean that
I'm going to stop fighting for every
dollar I can get school children of
Franklin County even though I am
being sued by the very people I am
trying to help. If you think that a
judge sitting up there in Atlanta,
Pensacola, Jacksonville or Miami
can do a better job of allocating
funds to the school children of the
State ofFlorida then the legislature
can follow through with the
lawsuit. If you think we can do a
better job then you need to come
off of it."


CHRISTMAS


Senator Thomas added the
information that at present the
State of Florida is paying about 95
per cent of the Franklin County
school budget while in Broward
County the state pays about 80
per cent... He added, "...On an
educated guess Franklin County
only pays about 5 per cent of the
education budget. If you are really
seeking equity, like my momma
used to say, 'be careful what you
wish for. You might get it.'"
Boyd also pointed out that at
present the school children get
400 more than that allowed in
Escambia $300 more that the
neighboring Bay county. He said
"this was because the legislature
had a formula to look out forthe
small district. He added, "The small
districts have been sold a bill of
goods.'" He offered to come down
at any time and speak to the
members of the school board and
the superintendent.


PLANS


AT


FRANKLIN COUNTY CHURCHES

By Carol Ann Hawkins and Brian Goercke
APALACHICOLA
Holiness Church of the Living God: The Holiness Church has several
Christmas Programs on schedule. A program entitled, "We Bring
Sacrifice of Praise," will be presented on 12 December at 6PM in the
Love Center. There will also be a teenager and children's program at
the Love Center that will be presented on consecutive evenings. The
teenager's program is scheduled for 18 December and the children's
event will follow on the 19th; both programs are entitled, "Happy
Birthday Jesus Festival." The Holiness Church also plans for a Family
Night Christmas Celebration on 22 Decemberwhich will be sponsored
by pastors Daniel and Shirley White. The event is for the entire Love
Center Family Center and it will begin at 7PM. The Holiness Church
will round out its' Christmas activities with a Christmas Day
gathering from 4 to 6pm at the Love Center. The gathering will be for
adults only.
The Church of Jesus Christ of Latter Day Saints: The Church of
Latter Day Saints have on their agenda an event they term, a
progressive dinner. The dinner/eVefit is a feast that is separated into
many course-and is enjoyed ,a a different residence with every
progressive course of food. The Latter Day Saints also plan to have
their Relief Society prepare food-packages for needy families and to
go caroling at various nursing homes.
The Highland Park Community Church: The Highland Park Church
has a Christmas Program scheduled for 19 December at 6pm. The
program will entail gift exchanging between church members and
also a fruit basket giveaway to anyone in attendance. From 29
December to the 3 1st, the Highland Park Church has has a revival
scheduled at 7pm. The revival will feature guest Reverend Ralph
Casstevens from North Carolina.
The First Baptist Church: The First Baptist Church will be having
two musicals. On 12 December at 7:30pm, the musical entitled, "The
Don't Be Afraid Brigade," will be performed by the Children's Choir.
The musical, which was written by Kattie Hill, is about the birth of
Christ from the perspective of angels. On 19 December, there will be
an adult Christmas Cantata at 7pm entitled, "Merry Christmas." The
musical will be narrated bu Wallace Cumbie who plays the character,
Grandpa Charlie Roberts. Earlier in December, the acteens (teenage
youth group) hosted a donation chili dinner to raise money for the
needy of Franklin County on 8 December.
St. Patrick's Catholic Church: St. Patrick's Church will feature a
guest theologian, Chuck Comella, who will present a series of biblical
lessons every Sunday at 7pm through 19 December in celebration of
the Advent Season. The church is also planning to have a special
christmas gift giveaway to the needy children of Franklin County. On
22 December, St. Patrick's will be decorating their church. On 24
December, the church will have a special children's Mass at 5:15pmr
and will later celebrate their Midnight Mass. The Midnight Mass will
be candlelit and the choir songs will be sung in latin.
The First Methodist Church: The Methodist Church's Christmas
Program will be on 19 December at 7pm. The program will feature
carols and hymns sung by the church choir and a children's musical
drama. On the Earlier in December, the Methodist Church participated
in a Chrismon Car Rally. The rallythtailed youth members going
door-to-door caroling and asking residents for old Christmas
symbols. The group exchanged with everyone who donated a
Christmas symbol a special bible book marker. The Chrismon group
plans to use all the the old Christmas symbols to decorate a tree at
one of the Franklin County nursery homes. The Methodist Church
plans to round off its' seasonal activities with a Christmas Eve
service at 7:30pm. The service will be candlelit and will include an
open communion that is essentially open to anyone of any
denomination (Christian or non-Christian).
The Assembly of God: Activities projected at the Assembly of God
include a New Years Eve service. Also, the private school associated
with the Assembly of God, Children's Hope Christian School, will be


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LEON COUNTY

FIDDLER ENTERTAINS

AT THE EASTPOINT

FIREHOUSE

By Brian Goercke
The Eastpoint Firehouse received a special visit in Leon County
fiddler and storyteller, Hank Taylor, on 3 December. Mr. Taylor
entertained a crowd of 15 withApalachian style fiddling and traditional
tales. Taylor played "Down by the ol' Garden Gate" and "Black Eye
Suzie" on his mid 1800 fiddle, as well as a medley of Christmas
hymns. Taylor also recited several stories including "The Magic
Fiddle" about a fiddler who could make people dance with a stroke
of his bow... even and almost always against their will.
Hank Taylor began playing the fiddle at age 10 and became very
serious about his music in his early 20's. Taylor mentioned his
inspiration for storytelling came from his experience as a children's
librarian in Leon County. "I find that the most enjoyable part of
entertaining is that I am able to share with kids stories and music
hundreds of years old."
Mr. Taylor's performance was presented by the Wilderness Coast
Library.

having a special Christmas party on 17 December.
CARRABELLE
Carrabelle Christian Center will have a bonfire-weiner-roast -hayride
& Caroling Friday, December 17 beginning at 5 p.m. The bonfire and
weiner roast will be on the church grounds. Following the meal the
Christmas Caroling hayride will begin. Children need to be
accompanied by an adult. For further information, call Mrs. Cathy
Rutherford, 697-3224.
Carrabelle Christian Center will have a Candlelight_Communion
Service December 19 at 6 p.m. The center has also "brightened the
corner where they are" by placing Christmas lights all around the
building.
EPISCOPAL CHURCH OF THE ASCENSION will celebrate Holy
Eucharist on Christmas Eve at 5 p.m.
Fellowship Baptist Church members will go Christmas Caroling
December 18 at 6 p.m.
First Assembly of God Church Children's Department.(elementary
group, ages 5 through 12 years) will celebrate Christmas with a
Birthday Party for Jesus during Children's ChurcKl on Sunday
morning, December 19. The children will sing Christmas Carols and
have birthday cake.
Carrabelle United Methodist Church members will meet at the
church at 6 p.m., December 12, where transportation will be
provided for all to attend "Handel's Messiah" at Ochlockonee Bay
United Methodist Church, being presented at 7 p.m. that night by
the United Methodist Churches of Wakulla County. On December
19 at6 p.m., Santa Claus willvisit the Carrabelle United Methodist
Church during the Children's Christmas Program to give gifts to
all the children. On Christmas Eve, from 7:00 p.m. to 8:00 p.m., the
Carrabelle United Methodist Church will have their annual
Christmas Candlelight Communion Service. Participants may
come and go at anytime during this hour. The emphasis is on the
premier worship event Communion. During this hour of worship,
soft Christmas music will enhance the celebration. Communion will
be served each quarter hour. Carrabelle United Methodist Church
invites all to come, and participate in the Sacrament and to leave as
you feel inclined to do so but to come in the spirit of worship.
EASTPOINT
Church of God at Eastpoint will present a special.Family Christmas
Play Sunday, December 19 at 6 p.m.
LANARK VILLAGE
The Lanark Community Church, Inc. will have a Cantata and
Candlelight Service on Christmas Eve at 6 p.m., followed with a
reception provided by the Christian Women's Fellowship Circle.
Sacred Heart Parish Catholic Church, Lanark, will have Christmas
Mass December 24 at 4 p.m. On Christmas Day,_regular Mass will
be held at 10 a.m.

Continued on page 3


M


-too-U










Published twice monthly on the 10th and 26th


The Franklin County Chronicle Christmas and New Year Issue 15 December 1993 Page 3


Editorial and Commentary


OPPORTUNITY


KNOCKS
St. George Island Volunteer Department Fire Chief Jay Abbott
announced at the end of the Annual Plantation Homeowner's
Association meeting on 23 October 1993 that some buildings in the
Plantation were now outside the reach of water streams pumped
from the department's new fire trucks. If more of those structures
were to be erected, there would be continuing problems in fighting
fires in that part of the Island.
The St. George Utility, in November, was denied a permanent rate
increase from the Public Service Commission (PSC). The PSC cited
the utility's failure to provide proper notice to them and the customers
of the utility about the proposed request for increased rates.
The two events described above would seem to be closely related
because one demonstrates an important need, and the other provides
a possible mechanism to solve a long term and continuing problem-
water flows sufficient to provide an additional measure of fire
protection for the St. George Island community.
At present, the St. George Island Utility has until 31 January 1994
to fe another request for rate increase, especially if the Utilitywants
to retain 1992 as the "test year" for the rate increase. Mr. Brown,
owner of the Utility, contacted the Chronicle in response to our
editorial in the last issue (261193) and said that the reports about
the flow issue have stimulated him to add a plan for investigating the
fire flow needs as a part of his overall proposal for rate increases. This
would seem to be an appropriate occasion to obtain support among
various county constitutiencies to cooperate on a solution for the fire
flow needs of the island, given the current "boom" in construction
and proposed developments involving mid-rise structures.
One problem here is that there is no clear cut leadership on this issue
from the island community, nor the county. Various spokespersons
have made public statements in the past but there is no single entity
which could start a cooperative effortwith the water utility to develop
a solution to the fire flow problem. We think the County Commissioners
could appoint a committee to include the County Planner, islanders,
fire departments, and other citizens, to sit down with Mr. Brown and
the Island Utility to begin to hammer out a solution to the problem.
There are the following entities which have direct interests in these
outcomes: The St. George Island Civic Club, the Franklin County
Commission, Volunteer fire departments in the county, and St.
George Plantation Owner's Association.
Such cooperation would come at an opportune time for Mr. Brown
and his utility,because his initiative could dissolve any opposition
there might be to a rate increase, should there be a commitment
made on the fire flow issues. These would be public forums open to
all and subject to the Sunshine law since the county-appointed
citizen group would be developing recommendation which might
lead to c anges in countywater standards. An appointed committee,
electing its own chairperson, would provide Mr. Brown with a
focused leadership to deal with on this important public issue.
The opportunity to do something on these matters appears to be
NOW. Are all the parties ready to move on starting a review of the
entire problems, developing recommendations and implementing a
plan? A decision within the Franklin County Commission would
start this review moving.
FRANKLIN COUNTY
COMMISSION APPOINTS
FIRE PROTECTION
COMMITTEE
At last week's Franklin County Commission meeting,
S'"follovwifng another plea by Chief Abbott. a 'committee. ;
consisting of the County Planners office.. various county
fire departments, planning and zoning representatives'"" "
and other Interested citizens was appointed or organized.
Their first first meeting was held at the St. George Island
Fire Department on Friday, 10 December 1993. Chief
Abbott explained the necessity of starting a dialogue on
the subject of fire protection and organizing a list of
prospective recommendations to solve the fire protection
problem, aided with advice from the office of the State Fire
Marshall's and other experts. While there remain important
matters to be considered before developing
recommendations, Chief Abbott also mentioned that
individual homeowners are not helpless in these concerns.
Purchasing several battery-oparated smoke alarms and
fire extinguishers and checking them frequently would
contribute substantially to individual and family security.
"We cannot keep up with the expansion of building projects
on the island for fire protection, lie emphasized.

POST OFFICE BOX 590
EASTPOINT, FLORIDA 32328
904-927-2186
904-385-4003 (TALLAHASSEE)
Facsimile 904-385-0830
THE FRANKLIN COUNTY CHRONICLE. INC.


Vol. 2, No.23, 24


Church Directory, continued from page 2


ST. GEORGE ISLAND
Live Nativity
This year's live Nativity scene on St. George Island will be held on
Saturday, 18 December 1993 at 6:30 P. M. The event is sponsored
each year by the First Baptist Church and the First United Methodist
Church. The scene will be at the Methodist Church on Gulf Beach
Drive. Brothers Roy and Jim invite each of you to bring your lawn
chair and join them for a moving experience.
BRISTOL
The Bristol Christian Church (Liberty County) plans to have a
"Christmas Sunday" on December 19. Rev. Bob Cordrey said the
children will sing during this observance.


A LETTER FROM THE

ST. GEORGE ISLAND

FIRE CHIEF, JAY ABBOTT

The St. George Island Volunteer Fire Dept and First
Responder unit is ready to-roll to any emergency in a
moments notice. 31 dedicated men and women are on duty
24 hours a day, 365 days a year, to protect and serve the
home and property owners, tourists, and residents of St.
George Island.
As you know, the island has seen a lot of development and
growth during the past year, and the Fire Dept and First,
Responder Unit is attempting to grow with the island.
Therefore, our budget has to grow. Our expenses for the
year 1992 were $110,000.
Your donations are very important to the Fire Dept and
First Responder Unit. With your donations, we were able to
pay off the #1 truck 6 years early, order another new truck
(to be delivered in January),. send firemen to fire college,
order new fire hydrants, order new fire .equipment and
supplies, train 10 new First Responders and send 1 to
paramedic school. We currently have 3 EMT's and 2
paramedics in our First Responder Unit.
Our goals are to upgrade our medical truck, to expand with
another fire station and continue training for fire and
medical personnel.
We send out almost 2000 letters to home and property
owners, we are very grateful for the 13% that responded. We
need the support from ery home and property owner.
Only through continuous upgrading of our equipment have
the insurance rates remained low.
We are one of the. best, most highly trained First Responder
teams in rural Florida.
Traditionally, we have conducted a hat drive every year for
the past 10 years, to help support our community services,
which depends on your generosity. Those who donate $ 100
will receive a special hat, but any donation will be greatly
appreciated. St. George Island Volunteer Fire Dept and
First Responder Unit is a nonr-profit organization, and
therefore your gift is tax deductible.
Remember St. George Island Fire Dept and First Responder
Unit is just a 911 call away..

r f Sincerely.
: i- w ..-: ;- .. .Jay Abbott, Fire.Chief.
Send~donaohns to. t. Qeorge Island Volunteer Fire Dept,. First
Responders, P.O. Box 682 Eastpoint. FL, 32328.


15 December 1993


Publisher Tom W. Hoffer
Columnists Anne James Estes
Captain Ernie Ernie Rehder, Ph.D.
Contributors Jack McDonald
.............ene Topping
..........Paul Jones
............Brian Goercke
............David Hawkins
............Lee McKnight
............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. George 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.


.! ..... ... .
Lee McKnight
.. ...

. ^s.
;K.


Davd
David Hawkins


A PUBLISHED

NOTE

The Chronicle is fortunate to begin
- an association with four ne
contributors. If you read the sho:
story on page 4 you have sample
the work of David Hawkins. Hi
wife Carol has also contributed (
this edition of the Chronicle. The
sketch biographies are at the en
of the short story by David.
Lee McKnight contributed the piec
about the diseased oysters. He :
the grandson of a Cheasapeak
Bay oysterman. After 22 years i
service in the U. S. Navy, Lee retire
In 1980 as a Master Chief Pett
Officer. He has earned degrees i
',Marine Biology and Coastal Zor
Administration from the Universit
of West Florida. In 1988, h
resigned his position as a
environmental planner with th
Florida Dept. of Environmenta
Regulation to run for the Florid
Senate. Since then he has bee
Invovled with various
environmental organizations an
worked briefly with the Shellfls
Environmental Assessmen
Section of the DEP inApalachicola
M s. Amanda Loos has also penne
her sketch at the end of her firs
piece published in the Chronicli
We look to her for news of th
Carrabelle school in future issues


Carol Hawkins


SFranklin County

Chronicle Church

Directory

Compiled by Brian Goercke and Carole Ann Hawkins
Publisher's Note: Reporters Goercke and Hawkins have
spent hours checking telephone numbers and addresses
for Franklin County's church community. We are pleased
to present this list in time for the Holidays and suggest
clipping same for future reference. The Chronicle will
update the list at future intervals.


ALLIGATOR POINT
MISSION BY THE SEA COMMUNITY CHURCH
County R6ad 370 Alligator Point
Ed McNeely, Pastor
904-349-2662, Earl Morton, for information.
Sunday Worship Service.........9:00 a.m.
Wednesday Bible Study........ 7:30 p.m.- 9:30 p.m.
Mission By the Sea
Mailing address:
Route 1, Box 3345-6
Panacea, FL 32346,
CARR ARTRT.T

Carrabelle Christian Center
River Road
Carrabelle, FL 32322
Andrew Rutherford, Pastor
904-697-3232
Sunday School.............................................. 9:45 a.m .
W orship...................................................... 10:30 a.m .
Sunday Night Service.............................6:00 p.m.
Wednesday Night Prayer Meeting ....7:30 p.m.
Carrabelle United Methodist Church
Corner of Tallahassee & Ave. "B"
P.O. Drawer C
Carrabelle, FL 32322
904-697-3672
Pastor. Dr. Louis E. Patmore
Sunday School....................9:45 a.m.
Morning Praise....................10:45 a.m.
Morning Worship...............11:00 a.m.
Evening Praise/Worship.... 6:00 p.m.
Wednesday: ,.. ,
Unstructured Prayer Time........6:00
Choir Practice........ .... .......... ..,.7:00
2nd Sunday: Admin. Council Meet..:.4:30 p.m.
3rd Sunday: Worship in Song...........'..6:00 p.m.
4th Wednesday: U.M. Women Meet... 1:30 p.m.
C. of F.C.W.I.H.
Hwy. 98
Carrabelle, FL 32322
Mo. E. Skipper, Pastor
First & Third Sunday
Sunday School ................. 10:30 a.m.
Service.............................. 11:30 a.m.
Tuesday Prayer.................7:30 p.m.
Church of God
Tallahassee Street
Carrabelle, FL 32322
904-697-2790
Sunday School......... 10:00 a.m.
Sunday Service........11:00 a.m.
n Sunday Night..............6:00 p.m.
w
rt Congregational Holiness Church
d Tallahassee Street
is 904-697-3405 Carrabelle, FL 32322
to Rev. George H. Crum, Pastor
ir Sunday School.................. 10:00 a.m.
id Morning Worship.............11:00 a.m.
Sunday Night Service.........6:00 p.m.
Wednesday Night...............7:30 p.m.
ce
is Episcopal Church of the Ascension
.e 1st Street East
of P.O. Box 546
d Carrabelle, FL 32322
ty 904-926-7294 (Crawfordsville) for info.
ni Sunday Morning Worship...10:00 a.m.
.ie
ty Fellowship Baptist Church
ie Ryan Drive & "F" avenue Carrabelle, FL 32322
n 904-697-2812 (Office)
ie 904-697-2811 (Home)
al Rev. Don Glenn, Pastor
la Sunday School...........10:00 a.m.
n Wprship Service .........11:00 a.m.
is Evening Service ..............6:00 p.m.
id Wednesday Evening..... 7:00 p.m.
5h
jt First Assembly of God
a. 3rd Street West P.O. Drawer HH
Carrabelle, FL 32322
;d 904-697-3595
st Rev. Ron Barks, Pastor
e. "A Caring Church For a Hurting World"
ie Sunday School................................... 9:30 a.m.
s. Morning Worship........................... 10:40 a.m.
Evening Worship............................... 7:00 p.m.
Wednesday Prayer Meeting...........7:00 p.m.
Royal Rangers.......................................7:00 p.m.
Missionettes....................... .................7:00 p.m.
Morning Prayer, Tues. & Thurs.....9:30 a.m.
First Baptist Church
Avenue A
Carrabelle, FL 32322
904-697-3819
Sunday School.................. .........9:45 a.m.
Worship.............11:00 a.m. & 7:00 p.m.
Wednesday.................... ...............7:00 p.m.

First Born Church of the Living God
Scotts Temple
Hwy 98
Carrabelle, FL 32322
Elder C. Watts, Pastor
"Pressing On"
Sunday School..................1... 0:00 a.m.
Service....................... ................11:00 a.m .
Monday, Home Mission........ 7:00 p.m.
Tuesday, Sewing Circle...... 7:00 p.m.
Wednesday, Prayer...............7:00 p.m.
Friday, Prayer.... ......... .......... 7:00 p.m.

Continued on page 12


,~~-- ~--- --- - --------










Page 4 15 December 1993 The Franklin County Chronicle Christmas and New Year Issue


Published twice monthly on the 10th and 26th


THE LIGHT IN


THE HAY BARN




A Short Story By DAVID HAWKINS
"...So fair a fancy few would weave
in theseyears! Yetl feel, if someone
said on Christmas Eve, "Come see
the oxen kneel," To the lonely
barton by yonder coombe Our
childhood used to know, I would
go with him in the gloom, Hoping
it might be so."
Thomas Hardy



Little light remained in the gray west, and sleet came across the
meadows on the wind. The boy stomped out onto the new cement of
the dairy yard, his right arm hanging heavy with the weight of the
milk bucket, his left hand thrust deep inside the pocket of his leather
coat.
"You're crazy. Fred," he jeered over his shoulder at the old man
hosing the dairy floor. "You're crazy. Cattle don't kneel on Christmas
Eve. Dad says so."
"They do," Fred said steadily, looping up the hose. "Mary told you,
too. A cow is the smartest thing there is, smarter even than a dog.
Cows know you in the dark."
The boy knew he was jeering as much at the memory of Mary as at
Fred, but he was glad to see the hurt in the milkman's face. "They're
stupid! They don't even get out of the way of cars How could they
know about Christmas?"The little glass oxen Mary used to put under
the Christmas tree were kneeling, as she said real ones always did
on Christmas Eve. But that was when he was a kid.
Still, Christmas at home was different now that Mary was gone and
he was two years older. His father just sat silently, and Fred's wife,
Sidonia, was illtempered in the kitchen nowadays. Today, she had
most of Christmas dinner to finish cooking and was grumpier
Fred never failed on Christmas Eve to talk about Mary and how she
agreed that cattle always kneel the night before Christmas. The boy
stared at the animals around him, now fed and milked and collecting
in the lee of the barn away from the wind.
"You'd better listen to Fred, you might learn something. He's been
around cows all his life." Of course, the boy hadn't laughed the first
time Fred and Mary had kidded him about the cattle kneeling on
Christmas Eve. Mary had shown him the kneeling oxen that, along
with the Baby Jesus and the shepherds, were always a part of the
decoration on the floor, under the Christmas tree. But now he wasn't
the near-baby he'd been when she married Joe Rentlowe two years
ago, leaving him and his father and going to live in the city. And he
didn't believe that kid-stuff anymore.
Fred came out of the dairy. "Good night, Lonnie," he said, climbing
into his old one-seated Volkswagen. "See you in the morning."
The boy nodded stiffly, looking toward the meadow behind the barn
where doves were settling to roost in the leafless pin oaks. Mistletoe
grew in the branches of the oak and in the dusk looked like round
brush-balls.
He moved to the pickup, stiff with cold and a vague misery, and set
the milk down on the floorboard. The 16-gauge his dad had given him
on his last birthday was behind the seat. He lifted it out and in the
fading light pointed it at the distant doves. They were out of range.
He put the shot-gun back behind the seat and sat there, unwilling
to start the half-mile drive back to the house, remembering how his
father had been against Mary and Joe getting married. She'd married
beneath her, his father had said. "They're no good," he'd said of the
Rentlowes. "I remember going to his daddy's house and looking down
through the cracks in the porch and seeing their chickens feeding."
Mary had been more mother than sister to the boy because his
mother had died when he was born. Mary had been everything to his,
father, but he rarely mentioned her after she and Joe married and
left.
She'd sent letters to him and his father, and he'd known that she she
wanted to come home for a visit. But he guessed his father hadn't
answered the letters. Now, only Fred, the old fool, talked about her,
especially on Christmas Eve.
Fred's Volkswagen had nosed back into the drive. The boy stuck his
head out the window of the pickup.
"Tell Mr. John I put Sukey in the hay barn with her calf," Fred said.
"It won't feed."
He watched Fred drive off toward his house in the clearing, two miles
away. "See you tomorrow, Fredl" he shouted, but he knew the old
milkman hadn't heard him.


Sukey was the brindle Mary had named. Lonnie smiled to himself in
the darkness, remembering how Mary knew all the cows and petted
all the calves, especially those his father put inside the hay barn
when they were ailing. He got his flashlight from the glove
compartment, got down from the pickup and moved through the
shadowy herd to the barn. He looked over the gate, where he knew
Sukeywould be hovering over her new bull-calf. Lonnie spoke softly,
"How is it, Sukey? Won'tyour calf feed? I bet Mary could make it eat."
He was close to tears in the darkness, thinking of Mary, feeling the
darkening night, bemused by the smell and touch of familiar things
and the painful exercise of remembering. Mary used to gather eggs
in the straw loft above that were left by the few chickens his dad kept
at the dairy. Now, Fred gathered the eggs.
On Christmas morning, Mary had always been the first to spot Fred
and Sidonia coming through the pasture toward the house, as they
always did. Mary made a ceremony out of greeting them. But not
anymore.
He went back and started the pickup. Sidonia was probablywondering
where the milk was. It had been well over two hours since John
Searcy had sent his son for the milk.
For more than a week, John Searcy hadn't done much of anything,
but today he'd gone to town for most of the morning. Brightly-
wrapped Christmas gifts now lay on Mary's old bed. Mary had always
done the tree, but this year, as last year, there would be no
Christmas tree because she was gone. The Baby Jesus and the
animals she'd always put under the tree remained untouched in her
closet.
As Lonnie drove up to the house, he heard Sidonia singing in the
kitchen. "Old fool," he thought. A light was on in the front room, and
he knew his father would be in there,just sitting.
John Searcy took the pipe from his mouth and nodded as Lonnie
entered the room. "Fred get everything finished?" The boy nodded,
then his eyes widened. His father smiled at the boy's surprised stare.
The Christmas tree was up and glittering, and the Baby Jesus and
the animals were there, too, the oxen kneeling as always. The
presents were now piled under the tree.
"Sidonia helped me," his fathersai ahd the woman's laugh from the
kitchen was like an echo as she came from the kitchen to take the
milk.
The boy rubbed his cheeks and nose, massaging the numbness
away. "Fred's worried about Sukey's calf, Dad," he said. "It won't
feed. Fred put it in the hay barn because it's starting to sleet pretty
hard now. The calfs lying down in the hay now, and it looked all
right."
John Searcy stood and called out to Sidonia, "We're going to the
barn, Sidi"
L---ntIe drove the pickup, watching the sleet ridge up on the
windshield outside the swish of the windshield wiper blades, smelling
the pleasant aroma of his father's pipe and feeling better, somehow.
He wondered at the change inside the house and his father's new
mood.
As Lonnie watched the sleet falling in the beam of the headlights, the
older man asked, "How'd you like the tree?"
"All right," the son replied. "It's pretty." He almost said it looked like
Mary had put it up, but decided, not to say it.
His father chuckled, "Not as pretty as how Mary used to fix it up.
Then he asked gently, "You still miss her, boy?"
"Do you?," Lonnie asked, almost afraid to trust his voice.
"She wrote me three times." John Searcy sighed. "I couldn't bring
myself to answer. I'm not holding anything against her anymore,
though. We're going to have us a real Christmas this year, boy."
"She shouldn't have left us." the boy persisted stubbornly.
"She had a right," his fa the r sa id. "A girl should get married. We can't
blame her for that or for not coming back here, the way I acted."
As they neared the dairy, John Searcy exclaimed at the sight ofa light
inside the hay barn, "I guess Fred came back!" Ari'unfamnliar car was
parked in the barn yard. Lonnie: sopped the truck, then reached
behind the seat for the 16-gauge.
"Sit a minute," his father said, then blew the horn.
Fred came out of the barn, gestured to them, then turned to go back
inside. John Searcy and his son got out of the truck and hurried after
him. Others were there, inside ukey's pen, their faces only half-
visible in the glow of Fred's lantern. The boy stared at a man in an
overcoat then suddenly realized that it was Joe Rentlowe. But the
recognition was lost in the realization that Mary was there, too,
kneeling beside the calf, feeding it from a bottle.
"Hoo, piggy, piggy," she cooed in the soft tones the boy remembered
so well. "Take the bottle."
Mary looked up. For a second, she smiled at her father and brother,
then her face crumpled, and for a moment the only movement inside
the dairy was that of the calf sucking the bottle, and the only sound
was the rustle of sleet falling. "We got as far as Fred's," Mary said.
"We've been there since early this morning. Then Fred got me to come
here, to help Sukey's calf." She was crying now.
"Mary!" John Searcy moved toward his daughter. Then, she was
hugging both of them, and everyone was laughing and talking.
Finaly, Mary knelt again, giving the calf the bottle once more.
Stimulated by the warm milk, the calf managed to get to its knees -
but no further. It knelt there feeding, deaf to the racket in the old
barn.


David Hawkins wrote editorials for The Shreveport Times,
The Dallas Morning News and the Arkansas Democrat-
Gazette across 35 years, 18 of them as Editorial Page
Editor of the Little Rock paper. David and wife Carol Ann
met while she was employed in the Arkansas Democrat-
Gazette newsroom.
Collectively, David and Carol have six children and eight
grand-children. Two additional little ones are expected,
one in early December and the other in late January.


COMING HOME


TO THE


ST. GEORGE INN


By Carol Ann Hawkins
Barbara Vail describes her late
husband, Jack, as an "on-the-spot
decision maker" and herself as a
delayed reaction type of person
whose decisions usually come a
couple of days after the fact. But
when John Edwards Vail, Jr. "left"
St. George Island and his beloved
St. George Inn 15 months ago,
Barbara became "very aware very
quickly of the valuable assets she
possesses, which include the
ability to be realistic, more practical
and more objective of what's going
on."
Jack Vail created the design for St.
George Inn, a 3-story antebellum-
style structure, large, imposing and
unique as alandmarkon St. George
Island. Jack was 68 when he left
here, Barbara said. "There was
never the question of whether or
not to continue. I never attempted
to be a Super Woman, but we
always have options. My option is
to continue the business."
"The business" is an atmosphere
of southern graciousness where
many guests and visitors
immediately sense a vague
familiarity, a feeling of "coming
home to a place you've never been
before," as John Denver croons in
one of his popular songs. As these
feelings flitter in and out of your
awareness, you try to recall just
which grandma or great-grandma
or which aunt had a house like
this, realizing all the while that no
one in your family ever had a house
like this. Yet the feeling persists.
"The nicest compliment I ever
receivedwas from aguestwho told
me,. -'I feel-.like I'm =staying at
someone else's home," Barbara
said. One young couple who'd been
out most of the day got drenched
in a thunderstorm and entered
through the back door, telling
Barbara, "We feel like we're in my
aunt's home and didn't want to get
caught tracking up anything."


away from home for so many
tourists from across the nation
and from foreign countries as well,
come into existence? It all started
in 1983, when Barbara and Jack

and their three children lived right
outside of Washington, D.C. "A
snow storm affected my head,"
Barbara recalls, "and I said I'm
going south...anyone is welcome
to join me." She had never been to
this area of Florida, although she
had visited Miami once at the age
of 23. But she didn't like the idea
of freezing, she said, so she did "a
little soul-searching" and talked
with her husband, finally deciding
"If we're going to do anything the
rest of our lives, we have to do it
now, because we're too old."
Jack agreed, and.with the comforts
of the Gulf Coast in mind, they
sold their Fairfax, Virginia home,
loaded up two moving trucks and
headed for Thomasvie, Georgia.
Daughter Stacy was in her first
year of college in Virginia, John III
was stationed at Ft. Bragg, North
Carolina; and youngest son Mark
was 15 years old when he and his
parents moved South.
After they were settled in
Thomasville, they received a phone
call from Stacy. She had a break in
school, was coming down to visit
and requested a day trip to the
Gulf of Mexico, which she had
never seen. "Sounds good to mel",
Barbara told her daughter.
"We found the island on October
12, 1983,"Barbarasaid. "We talked
to a real estate agent and two years
later, had the building started.'
Jack, a history buff...often spoke
of how gracious southern style
was...comforting. He designed the
building then took the plans to an
architect who did the final design.
They moved to St. George Island
on June 19, 1985, and began
construction the next day. By the
end of November of that same year,


How did such a place, this home Continued on page 5


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Published twice monthly on the 10th and 26th


ThevFrank..n..o...v ........ro.le Chr"l" N ew4 Ye 1uu ll 1.7.70-

BAY AREA CHORAL SOCIETY AND CHAPMAN

CHORUS SING THE JOY OF CHRISTMAS


The CroncleChritmaSan NewYea Isue 15 .'.193*Uo, q


Performing what now appears to
be the premier event of the holiday
season, the Ilse Newell Fund for
the Performing Arts presented a
combined 55-voice choir and
concert at historic Trinity Church,
. Apalachicola, on Sunday, 12
-- December 1993. The two choirs,
it the Bay Area Choral Society,
,. consisting of about 27 members,
#" and the Chapman Chorus,
S.consisting of about 28 children,
* performed "This is Christmas" with
: music byAlfred Burt in a combined
. program of music and a yule log
Ceremony, held just outside of the
church, in Gorrie Square. The
church was packed.
The combined groups marched into
the sanctuary, lining both outer
aisles, singing"Caroling, Caroling",
o and then proceeding down the
Center corridor to risers, where
They assembled themselves for the
., remainder of the concert.
A cornicopula of reds and greens
worn by the participants closely
complimented the warm melodies
such as "Come, Dear Children",
"Nigh Bethlehem," "Some Children
See Him" and "This is Christmas",
among many selections. The
audience warmed to the mixture
of children and adult voices as if
they were seated in front of a huge
fireplace of Christmas colors,
applauding at several points
throughout the presentation.
Because of the large number of
participants, the faces and colors
stretched nearly the width of the
sanctuary.
Dr. Tom Adams played the flute
and recorder and Bedford Watkins
on piano. The Chapman Choirwas
conducted by Nancy Totman, and
the Bay Area Choral Society was
conducted by Eugenia Watkins.
At the conclusion of the concert,
with the reprise, "This is
Christmas," the combined choirs
marched outside to Gorrie Square
for the Yule Log ceremony, this
year conducted by George Chapel.
Bill Greer tended to the fire. The
Apalachicola High School Brass
Choir played during the reading of
the Yule Log ceremony. On trumpet
were Scott Montgomery and Chad
Horton. Jennifer Theis played
French horn and Karl Lester,
Baritone. The readers were Angelia
Mirabella, Jake Thomas and
Nicholas Blake.
The ceremony was mixed with the
solomenity of the Lord's prayer,
the collect and gospel and the
concluding blessing yet George
Chapel's narration managed to
include a few cleverly thrown cues
to the "actors" who brought in the
log and conducted the actions for
lighting of the log bringing in a
small ration of good-natured
humor. When the ceremony was
finished, the 250 or so guests and
participants walked to Benedict
Hall for Wassail and other
refreshments, joining in a
fellowship that highlightedthe day.
Along with the satisfactions derived
in performing and listening to the
music and other works, the Ilse
Newell Fund for the Performing
Arts has continued to stimulate
county-wide participation and
harmony. The next concert will be
the Duo Internazionale, with
Martha and Luciana Gherardi, on
violin and accordian, on Sunday,
23 January 1994 at Trinity. Karl
Lester and Bedford Watkins will
also perform group of piano duets.
Thisyear's Christmas program was
co-directed by Nancy Totman and
EugeniaWatkins. Mrs. Totman has
taught for five years at Chapman
Elementary schoolinApalachicola.
"I started taking piano when I was
seven," she recalled in a Chronicle
interview recently. "This was in
Crestview, Florida. I'm an old


The Bav Area Choral Society:Soprano Ferris Aston, Margaret Boone, Jennifer Clague, Sara Edmiston, Melea Gunter, Alice Lang
Hall, Virginia Harrison, Olga Nichols, Mary Virginia Robinson, Phyllis Stevens Alto Ruth Eckstine, Susan Galloway, Barbara Hartsfield, Judi
Little, Janice Laughridge, Ina Meyer, Cass Stark Tenor Tom Adams, George Chapel, Robert Freeman, Mike Guthrie, Glenn Totman Bass -
Dewitt Galloway, Hess Hall, Royce Hodge, Fred Kleeb, James Miller The Chapman Chorus Toney Becton, Jenny Edmiston, Miranda Elliott,
Samantha Elliott, Jim Bloodworth, Nicole Cook, Danielle, Creamer Jason Fincher, Kelly Creamer, Laura Grable, Antionette Ducker, Sarah
Grable, Freddie Ducker, Daniel Gunter, Meghann Gunter, Mayson Page, Claudette Hamilton Artii Patel, Daniel Hicks, Jonathan Proctor, Tasia
Jones, Melissa Rucker, Elizabeth Kilbourn Amber Watkins, Jessica Maddox, Kara Watkins, Kit Mashburn, Catie Wood


Florida cracker," she joked. "I went
to Pensacola Junior College,
starting outwith piano as my major
and while I was there, I discovered
that I liked singing even more... "
She attended Florida State
University for her undergraduate
degree switching to a voice major
and music education as herdegree
in 1965. "Then, I taught elementary
school, got married, moved around
a lot."
She settled in the Alabama area
for a time, and fell in with a group
who wanted to perform musical
theater. "Together with a Catholic,
Father Anthony Zoghby (he liked
musicals), I would direct musicals
and he would do the stage
direction. ...We worked together
for seven years."
While in Alabama, she also began
a community chorus, performing
the Messiah and similar works.
She was asked whether this era of
recorded music might cut into work
possibilities for musicians at the
local level. Nancy responded, "I
don't think its really cut into work
possibilities. I think it has
detracted young people from live
performances and an
understanding of the opportunities
they have to do something. It's so
much easier to flick on a switch
and become absorbed in (a favorite
recorded song, etc.)."At Chapman,
Nancyhas available to her students
various, instruments Including
their favorite, the melodoian. "We
have a wide assortment of
-percussion type instruments; bells,
sticks, tone blocks, triangles and
cymbols. We concentrate on
learning rhythm and keeping the
beat. Many students go on to learn
to play meodic lines... She teaches
students from kindergarten
through 6th grade.
Prior to her teaching assignment
in Apalachicola, Mrs. Totman
earned masters degree inTheater
at Florida State University, and
became involved in musical theater
in Quincy. Her husband, Glenn,
ministered in Quincy where the
musical theater was refurbished
about 1981. "We put an ad in the
paper (for musical theater
participants) and they came out of
the woodwork.". We did five shows
the first year. "Their group, led by
Nancy, had about $300,000 to
restore an abandoned Quincy
theater, and this turned out to be
a successful venture. "Its now a lot
more connected with Florida State
butwhile Iwas there, itwas strictly
community theater."


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you: May the blessings, joy and happiness of the
season remain with you for all of the coming year!


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


Eugenia Watkins


Nancy thought there was enough
talent to support a community
theater in Franklin County but
she is not up to performing,
managing and directing, "It is just
too much. I'd prefer performance,"
she concluded. "I am so happy
that Bedford and Eugenia are
here."
Eugenia Watkins recalled that she
and Bedford, her husband of 47
years, met in German class after
World War II. "We had both been in
the service. I was in the Navy.
Bedford was in the Army. We didn't
know each other during the war: '
AfterI got out of the service. I
wan'tedto go back to school. I went '-
out to Memphis. We were both in
the (same) school...what is riow
called Rhodes College. Itwas called |
Southwestern at Memphis then. 1
Had avery good music department,
Anyhow, we just got to talking
and...were engaged. We had our
first date in January and were |
married in June...(1946). So, it
was one of those things that would
never last (laughter)."
Bedford described their trek
through undergraduate and
graduate living, with time spent at
the University of Michigan for a
year where he earned his master's
degree in music.
In the military, Eugenia was a
Navy Lieutenant (junior grade) and
Bedford was an Army gunner.
"Music has been our life," she said.
"I started very early doing choral
directing. Myfatherwas a minister
and whenever he needed someone
(to direct), I did that.


Eugenia was born and raised in '" /
Florida; Bedford in Arkansas. He
said, "I have been very interested
in theory and composition,
although, I was a piano major. I
started studying when I was 8.
After the masters degree, Bedford Bedford Watkins
initially thought he would 'not
pursue the Ph.D. Instead, both" Euenia continued the st
traveled to Eueope in the mid- "Whie we wertinued the story.
1950s where Bedford studied with uthe a were there, we found
a professor of music in Germany. camps around Stuttgart,
Bedford recalled their experience. Germany... I went out to Seventh
"We lived in a German home and Arm Headquarters and got a job
had cooking privileges. We got one as choir director. We both got jobs
bath a week although eventually teaching GIs music got
we got two. My teacher was two'sic.
houses down (the street). He'd want Eugenia explained that despite the
me down there at 8 O'clock AM. seemingly dire living
He'd be there in his long johns, accommodations, Europeans
shaving, withacigarinthismouth, wanted dollars put into their
and exclaim "START PLAYING". economy s r ric .s were. l. f.


most things, and the young couple
needed work. Chronicle: "I thought
you said you didn't like teaching."
Eugenia: "Well I didn't but I was
hungry'"


Afterone yearin Michigan, Bedford
> and Eugenia moved to South
I Carolina or a teaching assignment
i in 1951. From there, they moved
again five years later to Illinois
Weslyn. While in Illinois, Bedford
decided to return to school and
complete his Ph.D. Their two sons,
Thomas and Robert, were born in
Illinois, and now, all four moved to
Iowa City, Iowa, for a fast track
Ph.D program. Eugenia still vividly
remembers the experience. "After
one year in Iowa, I told Bedford I
would never live in Iowa. ...It was
so cold. For two weeks, every
morning, it was 24 below zero. It
was awful."
Bedford completed his coursework,
including requirements for two
languages in one year, being on
sabbatical from Weslyn. They
returned to Illinois, and Bedford
retired from the University in 1988.
Eugenia's sister, Ruth Eckstine
had purchased a lot on Magnolia
Drive inthe Eastpoint area in the
early 1980s and Eugenia and
Bedford followed suit after an
inspection trip. When they madeI
their retirement move to FranklinI
County in 1988, they attended the'
Ilse Newell Concert series, then in
its second season. Since then, the
donors to the series has increased
from 7 or 8 to over 80, and
attendance has increased as well.
The 1993-1994 period is the 8th
season of the Ilse Newell Fund, for
the :Performing Arts presented
Apalachicola, 4 O'clock in the
afternoon, on Sundays. The work
of Nancy Totman, Eugenia and
Bedford Watkins is representative
of the skills and talents of so many
who have contributed to the
growth of the concert series,
drawingfrom Franklin County and
communities beyond.



Coming Home To The
St. George Inn cont. from 4


In 1987. they were fortunate
enough to have an arUcle about
the inn published In Southern
Liing magazine, and after that.
"people would call...hundreds of
phone calls..."Where Is St. George
Island'? I can't even find it on the
map',. the callers exclaimed."
Barbara said she feels that it was
then that she and her husband
"opened up the island nauonaJlv.
and soon the inn gained an
intemauonal reputation which it
still maintains. Every dav is a new
experience, a new challenge."
Running the inn has been mostly
positive, and Barbara has found
over the years that she enjoys doing
what she's doing now more than
anything she's ever done, "other
than raise three children....that's
the two highlights. Everyday there
is something new to look forward
to." "The people make it
wonderful," she said. Many times,
she's "made sure I wasn't around"
when her guests departed, because
it's sometimes difficult to watch
them go, "difficult to think about,"
she said.
The guests have many options of
what to do during their stay at the
inn, such as walking on the beach,
touring in Apalachicola, picknicing
at the state park or gathering
shells. But after about five days,
"people have relaxed enough that
they may need something else,


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because basically, it's a room. The
longest I've found that people are
comfortable is five days," she said,
and she recommends to anyone
who requests a longer stay that
they would be more comfortable
with a home rental and the
availability of a kitchen and stove
I to cook on and more than one
room to explore.
"My guests' comfort is most
important." Some guests have
come down for a glass of milk or
juice after hours and they leave
their empty glass or place a note
'from room such and such.," she
added.
Barbara resents people being a
number. "If you have, say, 30
guests, which is an industry
standard, you're a number.
(People) are not a number. They're
a person. All of my guest rooms
have letters on them,"she said, "A
to H."
In Barbara's house are many hats
and at any given time she wears
them all, depending upon the need
or the duty at-hand. On any given
day she will be hostess,
bookkeeper, receptionist,
secretary, maid, nurse, laundry-
woman, chef, waitress or any other
I capacity necessary to ensure the
comfort of her guests..
She likes to do the rooms on her
own occasionally because then she
can move the furniture to clean.."I
start at the light switch and end
with the doorknob. What we offer
is personal. We want to know who
the people are. Everyone is treated
on a first-name basis. They're here
to get away from traffic lights,
screaming sirens and congestion,
and I think we've been successful
in offering this."
Barbara is "a child person,
basically." She enjoys children and
the fact that "they're so original."
Although "parents are sometimes
uncomfortable because of the
confined area and the wooden
floors and stairs, the noise that a
child does (make) because they
are a child," children are welcome
at St. George Inn. "You don't put
an adult's head on a child's
shoulder, andyouexpecta4-year-
old to behave like a 4-year-old.
You cannot find fault with that,"
she said.
An added safety feature for children
is the fact that all the guest rooms
have French doors which open to
the common porch. There is no
outside entrance to the second
floor. Everyone must come inside
the building and go up the stairs to
reach the second floor. This is,in
away, relaxing to parents because
there's nowhere for the child to go
but around the building they have
the railing there so that they can
look out at the Gulf or at the trees
which is a natural curiosity for
children and not disturb the rest
of the guests," she said.
Pets are a differentstoryaltogether.
When Leroy, a 105-pound Lab-
Irish Setter that the Vail children
taught to say...or bark..."I love you"
was with the family, he knew not
to bite. And, he knew not to bark
inside the building. But because
of Leroy's presence, other animals
who came in with their owners
would mark their territory in the
guest rooms!" Barbara recalled one
couple in particular who had a 17-
year-old pet. "When the guests
came down for dinner, the
pet"screamed like a child screams
and gouged the door of their room
terribly trying to get loose and also
marked the rug." A cat, sneaked in
by its owner, sprayed the room,
and it took Barbara a week to rid
the room of the odor.

Continued on page 8


CARAA13ELLE
REALTY
SELLING"I'l IE PEARL OF Tl IE
PANHANDLE
WE

I"I'l I F
fw , 110,; 0 u I
OFFICE IS

FAX 904-697-3870


(904) 653-8878

(904) 670-8670

I .7-










Page 6 15 December 1993 The Franklin County Chronicle Christmas and New Year Issue


Published twice monthly on the 10th and 26th


Chris from
Greetigs od
90 year to
a go shaPy t
thatS 'g Se
\ t ~a -live. ,
Sa Fletcher
sa3-2-~


-----------
I The Hut
(Apalachicola)
wishes All of
Franklin County a
very merry
christmas and we
will be open
Christmas Day for
a festive holiday
meal"


* To Everyone, *
We Wish A *
* Blessed Christ *
Like
* Christmas
Season from
* the Women's *
Christian
* Fellowship
* Circle. 0
***********0***OO


X~peacean j
Spnd & '
nel nEr n

ca~iabelle nd

> ,ilabelle


00 00


and

0- .


0..0.


0


Best Holiday
Wishes to all of
our valued
friends and
customers.
Jimmie J. Nichols
Realty, INC
904-653-9060


.
/


*
to *

*
*
*
ff 0


Merry
Christmas!
Joy and
Blessings
TO ALL!


L ittlI ej ohn


blse Wg t
t~o begat1
sea$?It


N


*
*
*
*
*
0


*
*


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Opa
Pa


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VY










Published twice monthly on the 10th and 26th The Franklin County Chronicle Christmas and New Year Issue 15 December 1993. Page 7


EMERALD COAST
CHIROPRACTIC
WOULD LIKE TO
WISH THE
COMMUNITY IN
FRANKLIN CO.
A HAPPV &


HEALTHY
HOLIDAY SEASON


tu Va1L c xv
fi lot" 9 colo-


CMerry
Christmas
- Liz. I wish
You many
J more.
A Jim A


"Warm best
wishes for a
happy
holiday
season!"
Darlene's Big
A Cleaners
Apalachicola


00 0*
e* Best wishes of the*
season from *
Seashore Gifts- 87 *
Market Street 0
* Apalachicola, FL.
* 32320Mary Ann *
* Siprell & *
0 Margaret Anne .
0* .Stokes o *


To Anthony
Martin: Merry
Christmas
"Honey" you're
one of the best
presents I could
ever have. Love,
your wife, She'La


Sl HISKeRS, KALI,
& DON NA
WISH ALL IN
F RA N KLIN
I COUN TY A
I M CRRY
I CH RIS TM A S
IAND A HAPPY
IHCALTHY N CW
SYCAR._j


I~cI


.._- "::.: ,'


4 .


* ''


I


~


"" If











Page 8 15 December 1993 The Franklin County Chronicle Christmas and New Year issue


Published twice monthly on the 10th and 26th


Coming Home...
continued from page 5
Smoking in the guest rooms is not
prohibited, but ashtrays are not
kept in the rooms. However, "if a
uest will be smoking in the room,
would prefer they use ashtrays
(rather) than destroying the carpet
or furniture." So ashtrays are kept
in the hall.
One dining room is designated as
non-smoking, but each dining
room has ceiling fans that are are
better than adequate to disburse
of smoke. A beautiful fireplace is
dominant in the main dining room,
and 32 guests can be seated in the
room comfortably. The smaller
dining rooms seat 16 and can be
used for private, anniversaries,
birthdays, etc. Barbara does not


She books for Thanksgiving
beginning in September and for
Christmas beginning in October.
A number of people have made
coming to the inn on holidays a
tradition, but "it runs in cycles,
she said. "People whove been here
for two years invite their friends to
come the second year, then the
new guests get to be repeat
customers for several years. If they
enjoy the island, this is the
atmosphere they're looking for..."
Jack and Barbara wired the inn
for phones in the rooms when they
were building but instead placed
the phones in the hall The
comments of the people who were
therewandering through were, "No
phones? Isn't that wonderfully They
can't get to me!" But the
convenience of a phone was
needed, so "so we had a phone in
the vestibule at the end of the
hall."


by Jack after the building was
completed, includingpoplars,
sycamores, cottonwood, pine, red-
tips, hibiscus, the oleander, crepe
myrtle.
I resisted the urge to sit in one of
the wicker rockers because I knew
I'd be reluctant to leave it.
I took one more long look at the
view, the beautiful blue water of
the Gulf contrasted by the white
sand of the island, loving the feel
of the cool wind on my face. Then
I went back inside to the warm
setting of the lounge, and awaited
Barbara's return. Jack had always
put up the Christmas decorations.
Last Christmas, John, III
decorated the building for his
mother. But this year, Barbara
will do the decorating herself.















I h '




Jack created the lounge with
cheer, comfort and tranquility in
mind, complete with a fully-
stocked barad a piano. The tables
were covered with dark green
tablecloths and white curtains
hung on the windows that, with
the exception ofa nearby business
provided an unobstructed view of
the Gulf. Averywarm, comfortable
setting, a place where Jack spent
a lot of time doing the paperwork
that was sometimes impossible to
do in the busy office.
Like any other comparable
businesses, St. George Inn
experienced a down year because
of the economy, but it was a good
year because of the challenges.
Success is knowingwhatyou don't
have a talent for," Barbara said.
Reflecting on the unique
.relationship she shared with her
husband, she recalled how they
communicated many times non-
verbally, both recognizing what
needed to be done and doing it.
"He was exceptional at being
creative. I was in constant awe of
his creative talents and ability.
Brilliant in many areas. His


~'.'C

* ..~.


.


Taking a break from the interview,
this reporter had the opportunity
to stroll through the inn alone
while Barbara went to retrieve
linens from the dryer and haul a
few more Christmas decorations
from the attic. I paused in the
hallway, near the front door and
looked down the length of the long
corridor to the French doors at the
other end, then upward toward
the staircase. I had the feeling that
any moment children would come
bounding down the stairs, their
laughter echoing throughout the
building.
The guest rooms are large and
roomy and the French doors
opening out to the common porch
enhance the hominess ofthe room.
containing a nightstand, 5-drawer
chest, 7-drawer dresser, and two
more drawers in a chest that is
part of the entertainment area, on
the second floor, Jack's large desk
sits in a comer at the end of the
hallway, used now by guests to
write letters or notes or to put
their personal computers.
Through. the French doors and
out onto the common porch, I
stood there and looked out over
the Gulf, feeling the briskness of
the rather chilly December wind,
hearing the rustle of the leaves on
the nearby trees, trees replanted


expertise was not in just one field,
it was in many. He was curious.
He was skilled in his area."
Barbara knew she needed a year
or there-abouts after Jack passed
away to establish the needs and to
find out all the areas that had to
be covered. She and Jack always
touched bases with one another.
He dealt with the business side,
the taxes and the red tape that
evolved and kept her thoroughly
up-to-date with what was going
on.
"At first, it was .accomplish what
you can today," Barbara said.
Some people encouraged her to
sell, saying "you don't need to be
doing this," or "whatare you trying
to prove?" She wondered, "How
did they know what I need to be
doing and how could I possibly
sell when I didn't knowwhat I was
selling? I was not consciously
trying to prove anything," she said,
"but was simply continuing life as
I had known it for almost seven
years, keeping a roof over our
heads, running a business."
It took some time to understand
and be comfortable with what she
was doing. "My grief was put on
the back burner, although I did
indulge," she said, then added "It
wasn't exactly indulging; it was


Just an overcoming, overwhelming
feeling, but itwasthe dream of my
husband and my own (that) I do
enjoy still."
"It has been a static year for me,
but mainly what I did was
maintain. I didn't try to build
because I didn't know the areas of
my strength that needed building.
I feel that I've come the cycle now.
Yes, I have plans that I am
attempting to implement." Among
those plans is a new menu for the
inn, and she's still working with
two chefs on the idea of catering.
"There have been a number of
disappointing instances, difficult
in one sense, educational in
another, Barbara said. But "it
made me maintain one day at a
time or sometimes one hour at a
time."
"One minute at a ume?" I asked
smiling. She nodded.'Yes.
sometimes even one minute at a
Ume. Work Is a state of rmnd."
Barbara declared. And after all. it
has not been a chore. "It was just
something that needed tobe done."


READING

PROJECTS

TEAM UP

TO

PRESENT

DYSTRXTA

WORKSHOP


By Brian Goercke
The Franklin County Adult
Reading Program (FCARP) and
District 3 Multi-County Reading
Council presented the first session
of a two part dyslexia workshop on
on 4 December at Carrabelle High
School. Ten members participated
in the workshop that provided
teachers and volunteer tutors with
a more detailed look into the
problems of dyslexia and the
techniques used to work with a
dyslexic student.
Workshop presenters included Dr.
Patricia Hardman, founder and
director of the Dyslexia Research
Institute and Robin Rennick,
principal of the Woodland Hall
Academy. Hardman pointed out
that the recently released National
Adult Literacy Survey indicated
up to go million adults in the United
States have reading and
computational skills so limited they
are unable to function adequately,
socially 'or economically. She
attributed a significant part of the
problem to dyslexia.
Hardman stated that among
Caucasians, 10% of the male and
4-5% of the female population
suffer from dyslexia. Percentages
are lower for other racial groups.
Dr. Hardman also stated that
dyslexia is a problem that not only
affects a Person academically, but
sociallyaswell. "Their (the dyslexic)
self-concept bas been destroyed
and they are no longer excited
about learning, but afraid of
failing." As much as 60-70% of
incarcerated youth are dyslexic Or
suffer from Attention Deficit
Disorder (ADD). The reason given
was that individuals with these
disabilities do not view and
comprehend societal folkways and
more, in the common terms of


Resort Village
continued from page 1
treatment and the water supply
were raised, along with the
continuing concern with the multi-
family use. As Dr. Johnson pointed
out, most of the focus in the past
few months has been on the
multifamily uses, when in fact, the
major aspect of the proposal has
been commercial development.
Earlier, Dr. Johnson had written
Alan Pierce, Franklin County
planner (3 December 1993)about
the job prospects his development
would bring to the County. He
wrote, in part, "First, as you know,
we are confident that the St. George
Island Resort Village will create a
very significant number ofjobs for
members of the local community.
These will include both
construction and permanent (non-
construction) jobs..." "Second, we
are committed to a policy of hiring
local residents where this is
feasible. Obviously, in some
instances it may be necessary to
recruit skilled employees from
outside Franklin County. However,
we are impressed by the
enthusiasm, work ethic and
abilities of the local talent pool..."
Dr. Johnson continued, "...Third,
we plan for the St. George Island
Resort Village to grow slowly, over
a decade or more. This gradual
approach will facilitate on-the-job
training, improvement of employee
skills, and promotion from within.
Hence, we believe many upper level
jobs will be accessible to local
residents, even if they do not
currently possess the required
skills or experience." Johnson also
wrote about plans for recruiting
and training local employees in
cooperation with the Florida Dept.
ofLaborand Employment Security,
especially to develop Job Service
programs targeting"...minority,
disadvantaged and lower income
groups."
Reverend T. C. Banks, at the 9
September 1993 workshop, had
brought up for discussion, these
points which Johnson now


APAIACHICOIA

CITY

COMMISSION


The city of Apalachicola has given
preliminary approval to two
restoration projects, one which
would renovate an existing
structure, and another that would
rebuild a building torn down in the
early part of the century. Attorney
Barbara Sanders presented plans
to restore an old bank building on
Apalachicola's downtown Market
Street. The second project
proposed by Charles Chapin would
rebuild the historic Owl Cafe at it's
original location on the comer of
Avenue D and Commerce Street.
Chapin's plans include two
residential units above the
downstairs cafe, keeping as close
to the original as possible. Both
projects were approved contingent
on the receipt of proper permits
from various government agencies,
as well as comprehensive plans for
parking.
City Commissioners unanimously
rejected a proposal put forth by
environmental consultant Dan
Garlick to build a marina along
the Apalachicola River. adjacent
to the John Gorrle Bndge. Garlick
had appeared before the Planning
and Zoning Board on behalf of
propertyowner SteveAndrisaskin
fpr plan approval for the project.


right and wrong or moral and
immoral. Furthermore. because
letters and symbols are switched
about incomprehensibly or the
dyslexic, It is not necessarily true
that these irregularities exist for
the dyslexic only within academic
terms.

A person suffering from dyslexia
or ADD may have trouble
deciphering the relationships of
variables within the many facets
of life. Right and wrong, for some
dyslexics, are quite obscure
concepts not easily understood.
Hardman claimed, "dyslexia is not
a learning disability, but a teaching
disability. It began to be called a
learning disability so that teachers
Would have to confrontit. Itwould
otherwise be seen as a medical
problem and many teachers Would
.be less likely to deal with the it."
The workshop featured Zandra
Stino from the Leon County School
District Adult Education Program.
Stino addressed the subtleties of
dyslexia as a learning difference or
a disability. Stino claimed, "the
dyslexic merely learns differently
than others and it does mean that
they are not capable of learning on
Sthe level olf others." She described
"her experiences working as a
teacherat Woodland Hall Academy.
She pointed out that the goal of 'of
the Hardman technique which the
school employs so successfully to
teach dyslexic students how to
learn. The highly structured
environment-"There were rules for
everything"- which she found so
different from schools with which
she had prior experience
contributed to these students'
progress toward academic and
social mastery.
Edna Brabham, District 3 Multi
County Reading Council Chair and
Carolyn Sparks, FCARP VISTA,
jointly presented instructional
techniques for working with
dyslexic students. One of the
techniques focused on the tactile
approach to learning. Ms. Sparks
handed out small blocks of carpet


addressed. Copies of this letter,
which outlined more steps in
improving the local economy
through employment at the Resort
Village and related businesses were
made available to the
Commissioners and public.
Thus, thevote taken Tuesday night
brought a brief pause to a period of
intense politicking in the
Association of Homeowners at St.
.Gorge Island involving internal
matters and the multi-family"case"
argued by Dr. Johnson to Franklin
County at large.
Since the firstworkshops began in
early summer, and before that, at
special presentations at the Board
of Directors of the Plantation
Homeowner's Association on St.
George Island, Dr. Johnson has
mapped out a campaign to first
convince the Homeowner's
Association and their membership,
of the merits of his development.
He developed a series of handouts,
available at almost all meetings,
including the Hearing on 7
December, addressing various
issues such as his proposed
wastewater treatment plan,
projected annual property taxes
from the Resort Village, as build-
out might occur, employment
projections, projected regional
earnings and density comparisons
among the Plantation, 300 Ocean
mile, the Villas of St. George and
others. In the lastyear, he has also
been meetingwith numerous state
regulatory agencies which claimed
regulatory control over certain
aspects of the project, for which
"approvals" would normally be
required.
Initially, the opposition to the
multi-family plan was led by Dr.
TomAdams, whose home bordered
on the east side of the projected
Village. Adams also probed into
the original adoption of what was
called the "Ben Johnson"
agreement between the
Homeowner's Association and Dr.
Johnson, in which the previous
Board of Directors of the
Association had contracted with
Dr. Johnson an agreement to


When originally planned in 1989
the project Included a motel and
restaurant, as well as docking
space. Garlick explained that costs
for the initial project had escalated
to a point where the motel-marina
plan was no longer economically
feasible and Andris had scaled
down the plan excluding the motel
and restaurant. Mayor Bobby
Howell strongly objected to the
proposal, saying it was not the
same agreement as in 1989.
Cindy Clark presented
commissioners with a project to
develop a series of maritime folklore
publications, intended to promote
the maritime culture of the
Apalachicola Bay Area. The four
brochures will depict the history,
folk wisdom, tools and the
economic significance of the major
seafood industries in Franklin
County, including the oysters,
shrimp, crab and fin fishing
industries. The pamphlets, funded
by a community education grant
through the Bureau of Historic
Preservation will focus on the
techniques, locations, place names
and superstitions of the maritime
industry in hopes of preserving
common knowledge ofdecades and
in some Instances, generations of
maritime culture. Clarkwill feature
the information gathered in a wall
display at city offices, and the
brochures will be distributed by
the Apalachicola Bay Area
Chamber of Commerce. the
Apalachicola Mariutime Museum
and will be made available at the
Historic Society and local libraries.


and asked each participant to use
their finger to spell a specific word
on the carpet. For many suffering
from dyslex a, the rough texture of
the carpet against their finger
provides the tackle stimulation
that Is necessary for them to
process new information. Ms.
Brabham closed the session by
assigning those interested in
obtaining continuing education
credit for the workshop a a project
to use the techniques learned in
the workshop with a student.
Brabham asked those individuals
to write a 2-3 page summary of the
exercise.
The second part of the dyslexia
workshop will resume on 13
December from 3-5PM at
Carrabelle High School. All
individuals are welcome to attend.
Whellbarrow from page 1
Jerry Messer valiantly pushed him
at top speed. A small crowd of fans
accompanied the two on the run
through town. Passing motorists
blew their horns, fans yelled
encouragement and it all wound
up in gales of laughter as Messer,
.who by now was huffing and
puffmg, wheeled Adams through
the open-door of the bar.
Messer said, "Just wait till next
year. as the two men grinned over
a cold beer. Next year there will be
another bet. Will they make the
wheelbarrow ride an annual event?
Neither participant is talking on
that. If they do it again next year,
will more fans get into the act
making it The Great Wheelbarrow
Race?
We will have to wait till nextyear to
find out.


actively support the Resort Village,
andvoteduponatthe 1992Annual
meeting of the Plantation
Homeowner's Association
membership, in early September.
Adams has continued to raise
questions about the legality of this
agreement citing the lack of
evidence indicating that the
membership actually amended the
Covenants, due, in part because
the "Agreement" called for honoring
certain numbers of votes from the
Resort Village.
The validity of the "Ben Johnson
Agreement" had been argued by
Adams and others with Association
attorney Barbara Sanders Insisting
that all actions taken by the Board
in that matter were legal and
binding. At the Annual
Homeowner's meeting on 23
October 1993, she stated that it
would not be beneficial in arguing
back and forth on certain factual
matters, on a "(You) did not,(I) did
too" basis. At that same meeting,
Dr. Johnson offered another
compromise, including the
renegotiation of the entire
agreement, if the Association
desired. Many in support of Dr.
Johnson's project, including some
Association members, have
pointed out that Dr. Johnson had
compromised his design, trying to
placate complaints about the
condominiums and other matters
on several occasions. Thus,
continued over the last fewmonths,
charges and counter-charges,
sometimes involving the internal
politics of the election of a new
Board of Directors at the 23
October 1993 Annual meeting.
The election of new board members
in October brought forward two
new directors, Lou Vargus and
Tom Outlaw, replacing outgoing
Board member Gayle Dodds (who
did not seek reelection) and
Richard Plessinger (who did seek
reelection). Helen Spohrer had
resigned from the Board a few
weeks earlier, and the firstorderaof
business for the new Board was to
elect a seventh board member.
Another controversy was created
with the board passed over it lk.l
replacement, Richard Plessinger,
who was runnerup in the number
ofmembership votes in the October
elections. Some argued .ilti'.l
his appointment to the Board based
on his involvement in negotiating
the "Ben Johnson Agreement."


RALPH

EMERSON

NEW

PRESIDENT

OF APTA

By Paul Jones
On Saturday, September 11,1993,
Ralph W. Emerson, Jr.,53, was
elected as president of theAlligator
Point Taxpayers Associationn
(APTA) Ralphbecomes the fifteenth
presiding officer of the organization
which was founded in 1972.
Although the new president is
currently a weekend resident at
the Point, his present home
location and employment situation
affords him a hastily retreat to the
Point if he is needed. Ralph and
his wife, Bobbie, live in Fayetteville,
Georgia. He has been employed by
Delta Air Lines in Atlanta over the
past 25 years as a mechanic/
maintenance coordinator. His wife
has spent a tenure of 30 years as
a teacher for the Clayton County
Board of Education.

JOO.


'C.
2


I __ r III 1


Ralph is a veteran of eight years in
the United States Army and
Reserves. Bobbie and Ralph are
contemplating early retirement so
they can enjoy their favorite
hobbies of scuba diving, fishing,
gardening, and traveling.
Ralph also serves the Point as a
volunteer fire fighter. He brings 25
years of service as a certified EMS/
fire fighter. His main platform
promise as APTA president is to
work towards assuring that the
taxpayers of the Point are fully
represented... especially in the
wake of this recent hefty property
tax hike.

In the "campaign" for new Board
members, circulars were mailed to
the selected numbers of the
Association membership
advancing the interests of the
Johnson agreement and project.





HAPPENS

NEXT

FOR

RESORT

VTTTAGE?

Well, sir-it depends upon who
you talk to. Dr. Ben Johnson said
he has all the permits from the
county he needs, and that he will
next identify the commercial areas
he wants to build on, and following
the 1977 Development Order (DO),
he will submit site plans, and
stormwater plans and a request to
rezone the plat for commercial use.
The statements by Richard
Deadman of the Dept. of
Environmental Protection, (DEP)
on Tuesday evening, 7 December
1993, however, may provide
another pause in the trek for
approvals and permits. That night,
Mr. Dadman said several times
that his agency and bureaus still
had "some concerns" about the
advanced wastewater treatment
facility contained in the
amendment to the DRI, now
rejected by the County.
There is some indication that a
sharp policy disagreement is about
to become more visible between
the Apalachee Regional Planning
Council and the DEP on the issue
of "information needs on this
project. Mike Donovan testified at
the Resort Village Hearing that
Richard Deadman attended many
of the meetings with Dr. Johnson's
team, and never raised any
questions for "additional
Information", yet he reserved this
on the night of 7 December 1993.
Franklin County planner Alan
Pierce still foresees the need for Dr.
Johnson to come back to the
County Commission for plat and
site approval, and probably an
investigation in two Issues which
have begun to loom larger in recent
days: wastewater disposal or
treatment and fire protection. At
the St. George Homeowner's
Association, Internal politics are
likely to heat up on the
ivnrgolat ion ofthe agreementwith
Dir. Johnson, and rumors are
already flying about litigation
against the Association by a group
of Association members, tied to a
complaint about legal
representation since the beginning
of the negotiations with Dr.
Johnson. The next Board of
utrecthrs meeting at the
Association is scheduled for 22
January 1994 at the clubhouse.


IMF71









Published twice monthly on the 10th and 26th


The Franklin County Chronicle Christmas and New Year Issue 15 December 1993 Page 9


AQUACULTURE APPEAL IN THE DISTRICT COURT OF


APPEAL, FIRST DISTRICT, STATE OF FLORIDA


David Jones, et al (Appellants) versus Franklin County (Appellee) DCA Case


Excerpts of the Franklin County
Brief, The Appellee


STATEMENT OF CASE
Appellee disagrees with Appellants' Statement of Case or it is
incomplete as follows:
The Board ofTrustees gave only conditional approval to aquaculture
leases for Appellants (R. 494), as a compromise settlement of
Appellants' case against the Department of National Resources and
the Board of Trustees.
The Settlement Agreement of Appellants with the Department of
Natural Resource and the Board of Trustees of the Internal
Improvement Trust filed July 16, 1992 (R-409-411) was conditional
upon withdrawal of the resolution, of objection of the,County or
determination by a court ofcompetentjurisdiction that the resolution
of objection is invalid.
The SettlementAgreement ofAppellants with the Florida Department
of Labor and Employment Security filed July 16, 1992 (R-414-416)
provided thatAppellants released all claims against the Department,
and the Department would pay Appellants' application fees if the
instant action were resolved in favor of Appellants.

SUMMARY OF ARGUMENT
The trial court correctly found Section 253.68, Florida Statutes to be
constitutional. The statute is a contingent grant of authority to the
Board of Trustees to lease submerged public lands for purposes of
aquaculture. A contingent act of the legislature is not a delegation
of legislative authority to the County. The contingency here is that
no such lease be granted when a board of county commissioners files
a timely resolution of objection.
The act is consistent internally and with both Section 370.16,
Florida Statutes and Article X, Section 11, Constitution of the State
of Florida. The resolution of objection provision of the act is inseverable
from the remainder of the act. The legislature clearly and expressly
intended that no aquaculture lease be granted over the timely
objection, of a Board of County Commissioners.
The act is explicit and its intent is clear. If it is unconstitutional, there
is then no statute or other authority by which leases of sovereignty
water bottoms can be granted in Franklin County.

Former 370.16(a) Florida Statutes, provided that there should be no
future oyster leases issued in Franklin County. This was amended
in 1991 to provide that there shall be no future oyster leases In
Franklin County: "except for oyster aquaculture activities approved
under 253.67-253-75, Florida Statutes."The legislature thus further
specified that all of the act, including the resolution of objection
provision, is a precondition for leasing of water bottoms in Franklin
County.
The constitution of this state provides that sovereignty lands are
held by the state in trust for all the people. Appellants have no rights
Continue To Page 10


GREETING


Jimmie Burkett Sally Paul



THE WHISTLE STOP


Snow Cook House
P.O. Box 671


Antiques & Collectibles
Weldon C. Vowell
Highway 98 at 4th Street
(904) 697-3539 Carrabelle, Florida 32322


No 93-02590


The legal issues in this case have been joined since mid-November 1993, following an initial decision in
July 1993 by the Circuit Court, Second Circuit, in which Franklin County prevailed. The Circuit Court
agreed with Franklin County that the statute which permitted aquaculture leases subject to review by the
County Board of Commissioners, who objected to lease applications filed by David Jones and others (et
al).

Jones, through his counsel, Legal Services of North Florida, Inc. argues that the County's "veto provision"
provided for in Florida Statutes 253.68 is an unconstitutional delegation of legislative authority.

Franklin County, on the other hand, argues that the legislative delegation, of "approval" to the County
Commission is a lawful delegation, and that to conclude otherwise, would sever the statute into
meaningless rule.

The Chronicle is presenting both legal briefs, with some photographs of the aquaculture project, and
appropriate captions, in the interest of illuminating the legal issues to the local polity, and also because
several thousands of Franklin County tax dollars have already been spent in litigating this issue, at the
request of the Franklin County Commission.

The references such as (R. 1-18) refer to the the appeal court and cited page numbers in that record. These
references are mostly found in the Jones (Appellant) brief presented by Legal,'Services of North Florida,
Inc. Following the orientation of the adversarial process, we find that the position of Franklin County in
its "Statement of the Facts" to be disagreeable with the "Statement of the Facts" presented by Legal Services
North Florida. The appeal court may take note of that generally, but on an appeal such as this, the real
basis of the case are the legal positions and arguments advanced by each brief filed by the opposing sides.
Yet, in the Franklin County brief, there is the statement "...Of 188 participants, over half dropped out as
they recognized the failure of the program." The assertions contained in that staterpent are factual matters,
presumably to be determined in a trial court, under the usual rules of evidence. What constituted
"failure?" What relevance is that statement to the legal issues being litigated? What are the standards of
the contract which would bring the training program to a conclusion? This hyperbole statement filed by
the County was not addressed any further in their brief to the First District Court of Appeal because in
an appeal such as this, the relevant matter is to deal with the legal questions raised by the appeal-not
factual questions. Thus, even in the legal arguments, the reader should be constantly aware that the
writers are arguing the law, selectively interpreting their legal cases and argument to support their own
positions. Ultimately, the appeal court will make a decision. In this case, the issues are now joined in the
filed briefs. When the Court will review them and ask for oral argument is unknown at this time, but oral
argument or a decision is likely to occur sometime within the next 6-8 months. Stay tuned.


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EXCERPTS OF THE LEGAL
SERVICES OF NORTH FLORIDA
(David Jones, et al) BRIEF, the
Appellant.


STATEMENT OF FACTS
The Appellants brought an action in circuit court for declaratory
relief and to enjoin the enforcement of certain provisions contained
within Section 253.68, Florida Statutes ( 1991 ).
(R. 75). TheAppellants were participants ina Job Training Partnership
Act program created to retrain and employ displaced and unemployed
oyster workers. The program was instituted due to the hardships
which had befallen the Apalachicola Ba area and the designation
of Franklin County area disaster area. (R. 85).
The program's purpose was to retrain and employ the oyster workers
in Franklin County in aquaculture. (R. 86). The Florida Panhandle
Private Industry Council and the Harbor Branch Oceanographic
Institute, with the support of Franklin County, sought funding from
the State Department of Labor and Employment Security (R. 87).
Labor and Employment granted $2,110,227.00 in federal funds for
the Jobs program. (R. 87). These funds were allocated in an effort to
create permanent jobs for the County.
One Hundred and eighty-eight (188) participants entered the
retraining program and of those, ninety (90) persons were certified
to engage in aquaculture farming'. (R. 87). The Appellants were
among those certified.
After successfully completing the Jobs program, the Appellants filed
applications for one-acre leases of submerged land in Apalachicola
Bay. (R. 84). The applications were filed with the Department of
Natural Resources, pursuant to Section 253.69, Florida Statutes
(1991).
Appellees, Franklin, County Board of Commissioners,
notwithstanding their support and encouragement of the Jobs
program, filed a timely objection to the lease applications pursuant
to Section 253.68, Florida Statutes (1991), thwarting the efforts of
the Appellants to obtain leases. (R. 209).
STATEMENT OF CASE
Appellants' Petition for Declaratory and Injunctive Reliefwas filed on
February 27, 1991. (R. 1-18). The Petition was subsequently
amended on May 31, 1991. (R. 70-305). The Appellants' Petition
contained several issues: including, the unlawful delegation of
power granted to counties and the issue of estoppel. (R- 85-91).
On July 16, 1991, the Department of Labor and Employment
Security, Florida Panhandle Private Industry Council, Inc., and
Harbor Branch Oceanographic Institute, Inc., were dismissed from
this action. (R. 412-413). On December 9, 1992, the Department of
Natural Resources and its Executive Director along with the Board
of Trustees of the Internal Improvement Trust Fund (Governor and
Cabinet) were also dismissed from this action pursuant to the
Stipulation and Settlement Agreement of July 26, 1992. (R. 430-
431) The Appellants' lease applications were subsequently approved
by the Board of Trustees. (R. 492)
Appellants and Appellees both filed Motions for Summary Judgment
and Memoranda in support of their Motions for Summary Judgment.
The parties also filed responses to the Memorandum of Law of the
opposing party.
A Final Summary Judgment was issued on July 19, 1993 by the
circuit court. The Final Summary Judgment granted the Appellees'
Motion for Summary Judgment (holding the statute valid) and
denied the Appellants' Motion for Summary Judgment (R. 516). The
Notice of Appeal of that Order was filed by the Appellants on August
17, 1993.
SUMMARY OF ARGUMENT
The court erred in finding Section 253.68, Florida Statutes (1991)
constitutional, because the Legislature did not include sufficient
guidelines to prevent county commissions from exercising
unrestricted discretion in applying the law. Section 253.68, Florida
Statutes (1991) authorizes a county commission to file a resolution
of objection within 30 days of published notice, which cancels any
further consideration of the lease application by the state. This
provision allows a county to override the judgment and to ignore the
expertise of the Department of Natural Resources and the Board of
Trustees of the Internal Improvement Trust Fund-who ironically,
must follow validly imposed standards in reviewing an application.
Such a provision violates the principles set out in Ex Parte Lewis,
101 Fla. 609, 135 So. 147 (1931) because the statute provides no
fixed conditions or facts by which the county can determine when a
resolution should be filed, thereby giving the county unbridled
discretion in applying the law to lease applicants. Likewise, the
statute is not a law which is "complete in itself," Instead, it grants
the power to the county to determine what the law shall be by
authorizing it to decide if and when to ban the aquaculture activities
of a particular lease applicant.
The resolution of objection provision of Section 253.68 is severable
from the section and the severing of that provision leaves intact a
valid and complete law which effectuates both the legislative intent
and purpose of the section. See Cramv v Board of Public Instruction
of Orange County, 137 So.2d 828, 830 (Fla. 1962). If this Court finds
that the offending provision is inseverable, the whole of Section
253.68 must be found invalid and stricken. See Barndollarv. Sunset
Realty Corp., 370 So.2d 1278 (Fla- 1979).

Continue to page 10


~ggs~p~










Page 10 15 December 1993 The Franklin County Chronicle Christmas and New Year Issue


Published twice monthly on the 10th and 26th


Apellee's Brief(Franklin County), continued from page 9
to these lands deserving the protection of the courts under the facts
and law of this case,
Appellants are asking this Court to rewrite Section 253.68. Florida
Statutes, 1991, to ignore Section 370.16(9). Florida Statutes. 1991,
and to disregard Article X. Section 11 of the Constitution of the State
of Florida.
The act, being a contingent act of the legislature, does not violate
Article III. Section 1 of the Constitution of the State of Florida,

ARGUMENT

I. SECTION 253.68, FLORIDA STATUTES (1991) IS
CONSTITUTIONAL.
Section 253.68, Florida Statutes (1991) was enacted in 1969. It
provides that, to the extent it is not contrary to the public interest,
and subject to the limitations contained in 253.67-253.75, Florida
Statutes, the Board ofTrustees may lease submerged lands to which
it has title for aquaculture activities. The granting of a lease is made
contingent upon local objections:

"...However, no lease shall be granted by the board when
there is filed with it a resolution of objection adopted by
a majority of the county commission...." 253.68, Fla. Stat.,
(1991).
Contingent legislation is neither new nor novel. In 1920,
the local option ofa statewide cattle dipping act was upheld
in Whittaker v. Parsons, 380 Fla. 352, 86 So. 247, (1920)
in which the Court said:
"The local option feature of the statue does not delegate to
the counties the power to declare what the law shall be, or
how it shall operate when it becomes effective, but it
enables the counties, respectively, to determine by an
election whether certain provisions of a complete statute
shall become operative in the particular counties. This is
not an unconstitutional delegation of law making powers."
It is well settled that the, legislature may make a law to become
operative upon the happening of a contingency. which may be of any
just and legal nature 16 Am Jur 2d, Constitutional Law 359. Laws
Effective on Contingencies. 10 Fla. Jur Constitutional Law,
183.
In Sparkman v. County Budget Commission. 103 Fla. 242, 137 So.
809, (1931) the Florida Supreme Court upheld an act of the
legislature which provided that a budget commission would be
appointed in 1931 in any county in which the Board of County
Commissioners passed a resolution ofrequest; otherwise the budget
commission would be appointed in 1932. No guidelines were required.
Contingent legislation was upheld construing a statute providing
that a county commission resolution would close freshwater fishing
for sixty days county-wide. Ex Parte Lewis 101 Fla. 624, 135 So. 147
(1931). No guidelines were required. The dates of the closed season,
and whether it would become effective once each year "or once every
several years, is left to the determination of the several Boards of
County Commissioners." Id.
County elections were the contingencies upheld in determining
participation in a cattle dipping program in Whittaker v. Parsons,
supra, and slot machine licensing in State ex rel Mcleod v. Harvey,
125 Fla. 742, 170 So. 153, (1936),. A statute which created a public
office in each county (probation officer), but left to the discretion of
the county commission to determine when there is in the particular
county sufficient local need to fill the office was upheld in State ex
rel Crim v. Juvenal, 121 Fla. 69, 163 So. 569, (1935).
The grant of authority to grant aquaculture leases is such a
contingent grant:
"... no lease shall be granted by the board when there is filed
with it a resolution of objection adopted by a majority of the
county commission..." 253.68. Fla. Stat. (1991)
It has been held that in matters on which statewide uniformity are
required, such as collection of taxes, discretion may not be delegated
to counties, at least by a law that does not operate uniformly and
equally in every county of the state. State ex rel Maxwell Hunter v.
O'Quinn, 154 So. 166 (1934).
However, regulation of natural.resources such as oyster bottoms,
and the taking of fish, do not lend themselves to statewide uniformity,
and have long been the subject of special acts and contingent
legislation. Ex Parte Lewis. supra.
The act should be considered in pari material with Section 370.16(9)
(1991). Former Section 370.16 (9), Florida Statutes, provided that
there should be no future oyster leases in Franklin County. The
current statute continues this ban, but provides an exception for
oyster aquaculture activities approved under Sections 253.67 through
253.75. Florida Statutes:
"... There shall be no future oyster leases in Franklin
County except for purposes of oyster aquaculture activities
approved under 253.67-253.75." 370.16 (9). Fla. Stat.
(1991)

The act is constitutional and since the contingency of the act is not
met, Appellants are not entitled to oyster leases in Franklin County.
There is a strong presumption that a statute is constitutional, State
v. Kinner, 398 So.2d. 1360 (Fla. 1981), and the courts will uphold
the constitutionality of an actwhenever possible. Ison v. Zimmerman.
372 So. 2d 431 (Fla. 1979).
In construinq a statute, as in testing its constitutionality, the courts
take into consideration the history of the statute, its subject matter,
and the intention of the Legislature.
All doubts concerning the validity of a statute should be resolved in
favor of its constitutionality, and so as to ascertain the intent of the
legislature and effectuate it. State v. Auivpa, 298 So. 2d 391 (Fla.
1974). In enacting Section 253.68, Florida Statutes, the. legislature
plainly intended to make oyster leases in a county's waters contingent
upon the county's resolution.
It is clear from reading Sections 37n.16(9) and 253.68 Florida
Statutes that the Legislature did not intend for public water
bottoms in Franklin County to be leased over the objection of the
County Commission. This is reinforced by the Legislative history of
a former complete ban on such leases.
A very similar contingency has been in effect as to oil and gas leases
of sovereignty lands since 1945:
"No lease ... covered by this law shall be granted, sold or
executed covering any such lands in the tidal waters of this
state, abutting... a municipality or within 3 miles of such
corporate limits extending from the mean high tide into
such waters, unless the governing authority of the
municipality shall firsthave duly consented to the granting
or sale ofsuch lease by resolution." 253.61 (1)( b) Fla. Stat.,
(1991).
Contingent legislation does not require guidelines, only the occurrence
of the contingency provided. Without conceding the necessity of
guidelines as a general rule in contingent legislation, Appellee


suggests that the trial court correctly held that since the resolution
of objection is an integral part of the exception to the total ban on
oyster leases in Franklin County in Section 370.16(9), Florida
Statutes, (1991), the limited guideline (occurrence of the contingency
evidenced by a timely resolution of objection) passes constitutional
muster.
Appellants have no livelihood rights here. They are not seeking to
pursue a lawful livelihood in common with others. Appellants seek
the opposite: to exclude others from pursuing a livelihood on
designated public water bottoms of the State. Appellants are seeking
Continued on page 13


David Jones


JI


John Duren


K


2


Richard Hamin


John Winfield Helene Square


Discussion of the relocation
to unity led by George Chapel


TWEEN WATERS
CONSTRUCTION


NEW CONSTRUCTION

REMODELING

RENOVATION
DECKS
DOCKS
GAZEBOS

TOM BUCHANAN
CRCA01352

P 904-545-1372
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ARTemis Gallery
67 Commerce St.-Apalachicola
653-8304
Tues.-Sat.-10:00-5:00
Monday-by appointment
Closed-Sunday


Appellant's Brief, continued from page 9

ARGUMENT
I. LACK OF ESTABLISHED GUIDELINES IN SECTION 253.68,

FLORIDA STATUTES (1991) IS AN UNAUTHORIZED DELEGATION
OF POWER, AND THEREFORE, IS UNCONSTITUTIONAL.
The court erred in finding Section 253.68, Florida Statutes (1991)
constitutional, because the Legislature did not include sufficient
guidelines to prevent county commissions from exercising
unrestricted discretion in applying the law. It is a settled rule that
the "legislature may not delegate the power to enact a law, or to
declare what the law shall be, or to exercise an unrestricted
discretion in applying a law." Ex parte Lewis, 101 Fla. 609, 135 So.
147,151 (1931). The Lewis court recognized that the Legislature
may, however "enact a law complete in itself, designed to accomplish
a general public purpose, and may expressly authorize designated
officials within definite valid limitations to provide rules and
regulations for the complete operation and enforcement of the law."
SId_.at 151.
Section 253.68, Florida Statutes (1991) authorizes a county
commission to file a resolution of objection within 30 days of
published notice, which cancels any further consideration of the
lease application by the state. A county may override the judgment
and ignore the expertise of the Department of Natural Resources and
the Board of Trustees of the Internal Improvement Trust Fund-
who, ironically, must follow validly imposed standards in reviewing
an application. The statute requires the Department and the Board
to act in a manner which will protect the public's interest in
submerged lands, but does not require county commissions to rely
on any such considerations.
This "county veto provision" violates the principles set out in Lewis
because the statute provides no fixed conditions or facts by which
the county can determine when a resolution should be filed, thereby
giving the county unbridled discretion in applying the law to lease
applicants. Likewise, the statute is not a law which is "complete in
itself." Instead, it grants the power to the county to determine what
the law shall be by authorizing it to decide if and when to ban the
aquaculture activities of a particular lease applicant.
The Lewis court discussed the three components which created
"definite valid limitations" that made that statute constitutional: (1)
closure of the season could not exceed 60 days, (2) county resolution
had to be promulgated and adopted in a particular manner, and (3)
once passed the county had no authority to repeal the resolution.
Lewis, 135 So. at 151. The only guideline that this court finds in
Section 253.68 that is similar to those found in Lewis is a procedural
one: that the resolution be adopted by a majority of the county
commissioners and filed with the Board of Trustees within 30 days
of published notice. This procedural directive provides no substantive
guidance to the county commission to assist in its decision.
The lower court recognizes that the guidelines in Section 253.68 are
not as extensive as, those provided in Lewis, but concludes that the
limited procedural directions are sufficient. The court reasons that
fewer standards are required when the delegated act effectuates the
legislative intent of 253.68, which the court perceives as infusing
local input into the decisionmaking process over leasing
environmentally sensitive water bottoms. This intent is especially
evident in Franklin County, where oyster leases were previously
banned, the court asserts. This reasoning is not supported by Lewis.
If so, there would not be a requirement that a delegation ave
standards, only that the delegated act be consistent with legislative
purpose.
The court has misread the legislative purpose of Section 253.68. It
reasoned that Section 253.68 veto provision "was promulgated" as
an exception to the previous total ban on oyster leases in Franklin.
Section 253.68 is not a recodification of the "previous total ban." In
fact, the statute promotes the expansion of aquaculture activities.
The statute is one of general applicability, enacted to affect all of the
counties. The previous ban in Section 370.16(9), Florida Statutes
(1991) applied only in Franklin County. Therefore, the ban contained
in Section 370.16(9), Florida Statutes (1991) cannot control Section
253.68 because other counties of the state were not subject to this
provision. The subject statute must be read to apply generally to all
counties that are adjacent to submerged waters. The lower tribunal
has read these statutes in para material. ignoring that Section
253.68, Florida Statutes (1991) has an independent purpose. The
legislative purpose of Section 253.68 reflects an intent by the
S Legislature to expand aquaculture rather than to limit these
endeavors.
Another critical difference in Section 253.68 and the statute in Lewis
is that in Lewis, the county was delegated only the authority to act
"in a restricted way and for a restricted time." Lewis at 151. While the
Lewis statute authorized the county to make a one time decision, the
statute at hand grants the county the continued use of this power.
Lewis held the statute to be complete in itself and only a determination
of the exact dates for implementation were left to the boards of
county commission. This statute allows the county commissions to
implement the law on an individual review of each application. If the
statute is allowed to stand, county commissions will have the ability
to decide when and if to implement the law as well as the authority
to grant a lease in one case and deny a lease in a similar instance.
The county asserts that the questioned provision merely affords the
opportunity for input in determining the completeness of a ban on
oyster leasing based on the attending circumstances of each
application. A legislative body may be unable to conveniently
determine exactly when its exercise should become effective and
permit an executive to implement the act based on future
circumstances. Lewis at 151. citing Hampton, Jr. & Company v.
United States, 48 S.Ct. 348,351'(1928). This is not the case at hand.
The statute does not provide any guidance for future..contingencies
in its implementation.
State ex rel. Crim v. Juvenal, 163 So. 569 (Fla. 1935), is instructive
on the issue of contingency. In Juvenal, the statute created the office
of County Probation Officer. This officer was created for each county,
but the exact time of implementation was left for the county
commission's determination based on local conditions. The Juvenal
court reasoned that the act allowed county commissions to perform
in an advisory capacity based on local necessity. Id. at 571. The

Continued To Page 13


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A New Cookbook of the Area

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By Joyce Estes, available at

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Bayside Flower Shop, Carrabelle

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







Publihedwicemontlyothe0thnd2thTeFrnkli Count A n N T JL, I i. L L


To all of Franklin
County, we wish
you a Merry
Christmas and a
prosperous New
Year!
From
Gulfside IGA


We would like'
to wish all a
happy and safe
holiday from
employees of
Franklin County
Emergency
S Medical
Service. A.


vj


A


"5


St. Patrick
Catholic Church
wishes the
entire
Community a
blessed
Christmas and
Happy New
S, Year!


Published twice monthly on the 10th and 26th


TheFrakln Cuny Croicl Crisma an Nw YarIsse ISDeemhr 993- not 1


I


\r


P, IeSRT M! A S
M -
rq"Y
(AND HAPPY
NeVI YeAR
c r
FRANKLIN
CoUNTY
%4Z C HAA- C -


T I










n-,- 1iv -~ I InI..mn. 10 Q Tha TiVnklr*in nlContv Chronicle Christmas and New Year Issue


Published twice monthly on the 10th and 26th


MISSION

BY THE

SEA: 20

YEARS A

SPIRITUAL

LIGrriHOUSE

ON

ALLIGATOR

POINT

For 20 years Mission by the Sea
has dispensed an understanding
of the Bible and has profited from
a deep fellowship among its
believers. More than 130 are now
numbered among its faithful who
are scattered from Sarasota to
Toronto and from the Georgia coast
to Arkansas.
It's a church that grew out of an
accident- not by accident, Pastor
Ed McNeely explained. A fatal
automobile crash more than 20
years ago led Ed Moorhead to seek
a place of spiritual growth and
worship on Alligator Point. With
four r five others, they banded
together and with the help of the
First Baptist Church of Panacea,
Mission by the Sea was launched.
At first, a few of the permanent
residents of the Point met
downstairs in Moorhead's beach
home for hymn singing, Bible
study, prayer and fellowship. Soon,
summer visitors swelled the ranks
beyond the capacity of the down-
stairs quarters.
Peter Fenn, who owned the
Alligator Point Marina back then,
offered the congregation a small
house on Alligator Harbor for the
balance due on the mortgage -
about$8,000atthe time, according
to Pastor McNeely.
After about three months as a
mission of the Panacea church,
the congregation constituted into
a community church subscribing
to a grace ministry. That is,
McNeelyexplained, Christ crucified
and resurrected is the key to
spiritual life and growth.


CHRISTMAS

AT

CARRARRTIJ

HIGH

SCHOOL

By Amanda Loos
Even amidst mid-terms and end-
of-season stress, the crisp,jingling
Christmas air has not passed over
Carrabelle. Not only are students
bringing laughter to the halls as
the days grow few, they are busy
spreading Christmas cheer
throughout Franklin County.
When the season drew near, local
musicians, Nelson and Clare Viles,
approached Temolynne Jefferson,
band director and music teacher
at the Carrabelle School, with a
proposal to join forces with the
music students and form a caroling
group which would travel to local
nursing homes and schools. Ms.
Jefferson was excited. Knowing
that many people are shut-in for
the holidays, she thought it was
an excellent idea. "It's a great
opportunity to give to the
community; to share Christmas
joy, love, and warmth. It's a great
experience for the students to do
the same," she said as the program
was put in motion.
The Viles have played throughout
the area at various events for 5 or
6 years and have talked about
joining with the school for a long
time, but this is the first year they
have done so. "We feel that the
children like to display their talent
and this gives them the chance to
perform in front of an audience,"
said Mr. Viles, who plays the tenor
and soprano saxophone with Mrs.
Viles who plays the keyboard.
Thirty or so CHS Carolers were
hand-picked for their talent and
enthusiasm from each elementary
grade. The Panther Band dropped
the "marching" from their title to
join the chorus in the celebrations.
The premiere performance at the
Carrabelle Senior Citizens Center
on Thursday, December 2
launched the Nelson Viles Combo
and Carrabelle School Carolers
Christmas Program '93 with a
blast. Holiday favorites like "Deck
The Halls," "Jingle Bell Rock,"
"Santa Claus Is Coming To Town"
(little Michael Jackson style), and
"Silent Night" were performed for
the delighted audience. Special
performances included Valerie
Hampton with "It's Beginning To
Look A Lot Like Christmas"
Brandon Potete, Elizabeth Kaboli,
Jordon Brock, and Steven Shiver
with a toothless "All I Want For
Christmas," Randi Lynn Brannan
singing "Nuttin' for Christmas,"
and Raevyn Jefferson performing
"I Saw Mommy Kissing Santa
Claus," Amanda Loos on oboe with
Nelson Viles doing "Silver Bells",
and Ms. Jefferson in a special solo
performance of "Blue Christmas."


The new group called Ed McNeely,
who served as minister of music at
the Panacea church, as interim
pastor. Now, 20 years later, he's
still there. "That might be worthy
of the Guinnes Book of Records,"
McNeely noted, "as a term of office
for a temporary pastor."
For 20 years, this church has
proven that faith in Jesus as the
Christ and total dependence on
the leadership of God through the
Holy Spirit is what it takes to meet
the spiritual needs and to establish
a sharp moral focus within a rich
and satisfying fellowship, the
pastor explained.
"I told them when they ask me to
be their pastor," McNeely said,
"that we would not talk about'
money, theirs or mine except. as
the Bible talks about it. I would
not tell them how to live except as
the Bible tells it. And we would not
pass an offering plate and
embarrass anyone into giving.
"God reserves the right to criticize
and judge," McNeely pointed out,
"our duty as believers is to share
His love and his word both among
those in and out of the church. We
determined at the beginning to
work and worship God's way, or
we should just pack it in and go
home. We'd waste time to try to
build a church any other way."
And build they have. Last Easter,
the congregation moved into a
brand new building on the sight of
the original cottage. The
congregation tore the old building
down by hand and built the new
one.
"We ended up with a building which
will seat 120 in the pews with room
for 160 with temporary seating. All
of this was done for under $30,000
after an architect estimated it
would cost about $200,000 to
contract the job," the pastor said.
The church meets at 9:00 a.m. on
Sunday mornings for Bible study
and worship and at 7:30 p.m. on
Wednesday evenings for Bible
study and prayer. Anormal Sunday
service consists of a few hymns, 30
to 40 minutes of Bible study and
prayer followed by another half-
hour of fellowship and brunch.
Midweek service consists of from
one to two hours of informal Bible
exploration and instruction.


The Viles then continued on with
well-known sing-alongs.
During the week, the traveling
show moved to Wakulla Nursing
Home, Chillas Hall in Lanark
Village, Bay George Nursing Home
in Eastpoint, Apalachicola, Care
Center and Chapman and Brown
Elementary schools.
Ms. Jefferson, the Viles, and all
the carolers encourage the
community to come out and share
more Christmas spirit in the grand
finale on 14 December at 6:00
p.m. in the Carrabelle School
Commons for the Christmas as
CHS Celebration. Featured will be
more of the caroler's songs and
musical presentations from all of
the classes.
More Christmas News
Members of the CHS Drama Club
have been preparing "Her
Christmas Wish," a play about 13
year old Ginny Will. This story,
about young girl's real Christmas
wish and her family's struggle to
figure out exactly what that wish
is is sure to delight the audience
during this holiday season.
The excitement is continuing to
grow in the school building itself.
Students are busy decorating
rooms especially the one of
science and math teacher Mr.
Hinton with tree, lights, streamers,
banners, garland and all- and
planning Christmas parties. The
Spanish classes have scheduled a
Christmas fiestawith Spanish and
Mexican dishes to put them in the
Christmas spirit Latin style. On
the last day or two, Carrabelie
students can always take time
between mid-terms to get out the
old elf hats and "don" their "gay
apparel".
So, as the temperatures dive, and
lights are blinking throughout the
neighborhood, CHS is not just idly
awaiting Santa, but is fully
preparing for his arrival, not only
for itself but for the whole


GOVERNOR

AND

CABINET

APPROVE

NEW KING

AND

SPANISH

MACKEREL

RULES

The Governor and Cabinet voted
on a November 1993 to approve
the following rules proposed by
the Marine Fisheries Commission
for king and Spanish mackerel
(these rules take effect November
29, 1993):
KING MACKEREL
This rule is intended to conform
with federal rule changes that split
Florida's annual commercial quota
for Gulf of Mexico Group king
mackerel into two equal subquotas
and regionally regulate harvest
with trip limits, and that increases
the minimum size limit for king
mackerel.
The rule:
- establishes a daily vessel limit of
50 fish until half the subquota is


community as well. As the CHS
Carolers sang to the Jackson Five
melody, "From Carrabelle High,
we wish everybody, a very merry
Christmas, and a happyNewYear!"

AmandaLoos is aJunior
at Carrabelle High
School. She moved to
Eastpoint from Long
Island, New York in
1991, starting her
Freshman year at CHS.
She has enjoyed writing
for years and is now the
editor of The Paws
Pquse, the Art and
Literary Magazine at the
school. She is looking
forward to contributing
to the Chronicle quite
often.


reached,.and then 25 fish until the
full subquota is reached, from
Volusia County to Dade County -
allows unlimited harvest until 75%
of the subquota is reached, and
then imposes a daily vessel limit of
50 fish until the full subquota is
reached, from Monroe County to
Escambia County
- establishes a minimum size limit
of 20 inches fork length for all
harvest of king mackerel
SPANISH MACKEREL
This rule removes dailyvessel limit
season segments on the state' s
Gulf 'coast, and instead allows
urnimited commercial harvest of
'Spanihsh mackerel until the federal
quota is met in the West Coast
Region. A 500 pound daily vessel
limit will apply the remainder of
the season in the West Coast
Region. In addition to these
provisions, this 'rule, in the East
Coast Region:
- limits all nets in the directed
Spanish mackerel fishery to a
depth of 120 meshes during the
1,500, 1,000, and 500 pound
season segments
- allows the transfer of Spanish
mackerel between vessels at sea
under the following conditions:
* must take place outside the
Colregs Demarcation line only,
* all nets aboard vessels must have
a stretched mesh of at least 3 1/2
inches and have a depth of no
greater than 120 meshes
* a legal daily vessel limit may be
removed from a net and be isolated
on board
* all fish exceeding a legal
possession limit must remain
entangled in meshes of the net
until another boat legally licensed
to harvest Spanish mackerel is
within a specified distance (e.g.,
50 yards) and is prepared to receive
a daily vessel limit fish must then
be removed from the net and
directly transferred or be put in a
container for transfer to the vessel


S< o Continued on page.14







Nothing Lights U




Tho Holidays Like
*S


WILL MORRIS
RECOVERING
FROM HEART
SURGERY

Former Franklin County Library
Director Will Morris, 48, is
recovering from a triple by-pass
heart surgery performed at the
Tallahassee Regional Medical
Center last week, on Thursday, 9
December 1993. By telephone, Mr.
Morris indicated that the entire
procedure has "...finally given me
time to read a book," He looks
forward to leaving the hospital
within a day.


Your home is only as good
as its foundation

JOHN F. CULLEN CONSTRUCTION, INC.

RG 0060474

Specializing in DNR, DER Coastal Construction


OFFICE:

(904) 227-1813




2 m 29-8470
..... .... ...


rage jz z j-.3 it;ecemlrer 17y y i F I iU1\ltklVVU:l % VU1V--~y %-,AIX N ixil ---


Church Directory continued from page 3

First Barn Church
Post Office Box 407
Carrabelle, Fla. 32322
Mt. Olive A. M. E.
Post Office Box 734
Carrabelle, Fla. 32322 '
New Hope Church
Post Office Box 417
Carrabelle, Fla. 32322
Carrabelle Christian Church
Post Office sox 763
River Road
Carrabelle, Ela. 32322
EASTPOINT
ASSEMBLY OF GOD CHURCH OF EASTPOINT
Hwy. 98
Eastpoint, FL 32328
904-670-8951
Church of God at Eastpoint
Avenue A
Eastpoint, FL 32328
904-670-8704
Keith Barron, Pastor
Sunday School.....................................1.. 0:00 a.m .
Morning Worship.....................11:00 a.m.
Sun. Night Evang. Service............6:00 p.m.,
Wed. Night Family Training Hour.....7:00 p.m.
DELIVERANCE TABERNACLE
1st Street
East Point, FL 32328
Sunday School...................... 10:00 a.m.
Morning Worship......................11:00 a.m.
Sunday Night Service................6:30 p.m.
Thursday...........................................7:30 p.m .
EASTPOINT UNITED BAPTIST CHURCH
Eastpoint, FL 32328
904-670-8481
Sunday School..............................10:00 a.m.
Sunday Services...........11 a.m. & 6:00 p.m.
W ednesday........................................ 7:00 p.m.
EASTPOINT UNITED METHODIST CHURCH
Comer of David Street & C-65
P.O. Box 522
Eastpoint, FL 32328
904-670-8875
Rev. James Thomas
Sunday School..........9:45 a.m.
Worship..................... 11:00 a.m.
FIRST BAPTIST CHURCH OF EASTPOINT
Eastpoint, FL 32328
904-670-8468
Sunday School........ 10:00 a.m.
Worship...................... 1:00 a.m.
PENECOSTAL HOLINESS CHURCH
Hwy. 98
Eastpoint, FL 32328
Sunday School........ 10:00 a.m.
Worship....................... 11:00 a.m.
Evang. Serv..................7:00 p.m.
Wednesday..................7:00 p.m.
LANARK VILLAGE

THE LANARK COMMUNITY CHURCH, INC.
Spring & Oak Streets
P.O. Box 424
Lanark Village, FL 32323
-904-697-2180 ,i7 i- v


I










Pnuhlishpd twier monthly on the 10th and 26th


The Franklin County Chronicle Christmas and New Year Issue 15 December 1993 Page 13


Appellant's Brief, continued from page 10
to have public property set aside for their exclusive use.
Appellants have no other property rights here. No one has any right
to expect public resources of this nature to be given to them. The
constitution of this state clearly so states:
"Sovereignty lands The title to lands under navigable
waters, within the boundaries of the state, which have not
been alienated, ... is held by the state, by virtue of its
sovereignty, in trust for all the people. Sale of such lands
may be authorized by law, but only when in the public
interest. Private use of such lands may be authorized by
law, but only when not contrary to the public interest."
Article X. 11 Fla. Const.
The statutes upon which Appellees rely protect the public's interest
in its sovereignty lands. These statutes are constitutional and their
intention is expressed forthrightly.
The cases cited byAppellants as to constitutionality of the act do not
apply. Harrington and Co., Inc. v. Tampa Port Authority. 358 So. 2d
168 (Fla. 1978); High Ridge Management Corp. v. State, 354 So. 2d
377 (Fla. 1977); Drexel v. City of Miami Beach. 64 So. 2d 317 (Fla.
(1953);, Pridgen v. Sweat, 170 So. 653 (Fla. 1936); State ex rel Davis
v. Fowler, 114 So. 435 (Fla. 1927) and Amara v. Town of Daytona
Beach Shores, 181 So. 2d 722 (Fla. 1st DCA 1966) are all cases in
which there were delegations ofauthoritywithout adequate guidelines,
and which involved property or livelihood rights. These cases are all
distinguished from the instant case in that the statute construed in
the instant case is a contingent act. This is not a delegation of power
case. A further and controlling distinction is thatAppellants have no
property rights to be protected here. Appellants are demanding rights
in state owned sovereignty lands which are constitutionally held in
trust for all the people.
Article III Section 1. of the Constitution of the State of Florida is not
offended by a contingent act of the legislature. The role of the county
is limited to invoking or not invoking the statutory contingency. The
county has no power whatever to grant a lease of sovereignty lands.
II. SECTION 253.68 IS A VALID STATUTE WHICH EFFECTUATES
THE LEGISLATIVE INTENT. IT IS NOT SEVERABLE.
The trial court correctly held that the statute is not severable.
Section 253.68, Fla. Stat. is inseverable. If it is unconstitutional,
there is no authority for granting Appellants relief, and the judgment
of the trial court should be affirmed.
The landmark case as to severability of a statute which is
unconstitutional in part is Cramp v. Board of Public Instruction of
Orange Co., 137 So. 2d 828 (Fla. 1962), which held:
"When part of statute is declared unconstitutional the
remainder of the act will be permitted to stand provided;
(1) the unconstitutional provisions can be separated from
the remaining valid provisions, (2) the legislative purpose
expressed in the valid provision can be accomplished
independently of those which are void, (3) the good and the
bad features are not so inseparable in substance that it
can be said that the Legislature would have passed the one
without the other and (4) an act complete in itself remains
after the invalid provisions are stricken."
Of the four elements of the Cramp test, the second and third are not
met here. It is abundantly clear that in enacting the act, the
legislature intended that no public water bottoms be leased in
Florida over the objection of the local governing body. The legislative
history of Section 253.68 and 370.16J9). Florida Statutes, further
establishes that, in Franklin County, the granting of leases to public
water bottoms is conditional upon all of Section 253.68 as written:
"There shall be no future oyster leases issued in Franklin
County except...under 253.67-253.75." 370.16(9)., Fla.
Stat.
Harris v. Bryan. 89 So. 2d 601 (Fla. 1956), also held that an entire
act was invalid after striking down a part because the remainder
would not work within the legislative intent.
Appellants cite Bamdollar v.-Sun.set Realty Corp., 379 So. 2d 1278
- (Fla. 1979). Appellee does not disagree with Bamdollar. If the
resolution of objection provision of the act is unconstitutional, then
-the act as a whole is invalid because the parts of the act are so
mutually connected and dependent upon each other that it cannot
be concluded that the legislature would have enacted the law
without the resolution of objection feature.
If this is the case, there is no aquaculture law, and no authority by
which aquaculture leases of sovereignty lands may be granted to
appellants or be granted at all. Section 370.16(9). Florida Statutes.
(1991) will remain in effect and prohibit any future oyster leases in
Franklin County.
Happily, this is not the case. The act is constitutional in its entirety,
and aquaculture leases may be granted when there is no timely
resolution of objection filed by the appropriate county. The act
operates to assure that, before any alienation of sovereignty lands
can occur, all state requirements be met, and the contingency of
local concurrence met. This is additional protection for the interest
of the public in these public sovereignty lands.
The act has worked in Franklin County exactly as the legislature
intended, and the public interest has been protected.

CONCLUSION
The actdoes notviolateArticle III. Section 1 of the Florida Constitution.


Article X. Section 11 Florida Constitution, Sections 253.68 and
370.16(9), Florida statutes (1991), the resolutions of opposition-by
Appellee, and the trial Court's Order Granting Appellee's Motion for
Summary Judgment are all in accord and harmony. The public
interest is protected. The judgment below should be affirmed.
Respectfully Submitted,
Alfred O. Shuler of Shuler and Shuler


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Apellee's Brief(Franklin County), continued from page 10
statute was upheld because it was designed to accomplish a general'
public purpose, and the county's power was limited to determining
the starting time of the position.
The statute in Juvenal affected an entire community equally with a
decision made once. The current statute allows commissioners to
make the decision on leasing with each application. The act is not
complete in itself and affords the opportunity to create legislation in
a step-by-step process and on a case-by-case basis. Significantly,
this process also gives the commissions the power to affect the
livelihood of individual members of the community.
In Harrington, the court recognized the potential for abuse of
discretion when the Legislature fails to provide sufficient guidelines
for acting on a case-by-case basis, since the lack of guidance "give[s]
everyopportunity for the exercise of powerwith partiality". Harrinaciton
and Company, Inc. v. Tampa Port Authority, 358 So.2d 168, 170
(Fla. 1978), quoting Drexelv. City of Miami Beach, 64 So.2d 317 (Fla.
1953). The Harrinqton statute delegated the port authority the duty
to grant licenses to "competent and trustworthy persons ... having
due regard to the business of the port and harbor." Id. at 170. The
court held the statute unconstitutional for improper delegation,
reasoning that the licensing statute did not provide the "clear and
specific guidelines necessary to ensure against arbitrary selection,
and that the delegation of undefined power was tantamount to an
abdication of its lawmaking responsibility." Id.
Florida Statute Section 253.68 does not, at the very minimum,
contain a perfunctory guideline such as showing"due regard" for the
consequence of the county's actions, which was held to be inadequate
in Harrington. As with the statute in Harrington, Florida Statute
Section 253.68 gives every opportunity for the commission to
exercise its duty with partiality, resulting in arbitrary exclusion from
the lease process.
In light of the absence of set standards, or defined limitations on
county action, Section 253.68 must fall as an unconstitutional
delegation of power. The delegation of undefined power by the
Legislature to the counties and the unbridled discretion which
/ results grants. the county an unlimited control over the function of
r the statute in violation of Article III, Section 1, Florida Constitution.

ARGUMENT

... II. SECTION 253.68 IS AVALID STATUTE WHICH EFFECTUATES
THE LEGISLATIVE INTENT AFTER ELIMINATING THE INVALID
PORTIONS.
..,.:. The, rule is established that "the unconstitutionality of a portion of
a statute will not necessarily condemn the entire act." Crampv. Board
of Public Instruction of Orance County, 137 So.2d 828, 830 (Fla.
1962). In Cramp,, the court used a our-part test to determine
whether a statute could retain its validity once the provisions that
were declared unconstitutional had been stricken.
When a part of a statute is declared unconstitutional the
remainder of the act will be permitted to stand provided:
1) the unconstitutional provisions can be separated from
the remaining valid provisions, 2) the legislative purpose
expressed in the valid provision can be accomplished
independently of those which are void, 3) the good and the
bad features are not so inseparable in substance that it
can be said that the legislature would have passed the one
without the other, and4) an act complete in itself remains
after the invalid provisions are stricken.
Id. at 830, citing Harris v. Bryan, 89 So.2d 601 (Fla. 1956). The
provisions of Section 253.68 withstand each of these elements.
The obvious legislative intent in enacting Section 253.68 was to
allow development of aquaculture activities in the submerged
waters of the State. The removal of the disputed provision does not
disturb the purpose of the legislation. Section 253.68 expressly
authorizes the Board of Trustees to lease submerged lands for the
use ofaquaculture activities and to grant exclusive use of the bottom
and the water column for either commercial or experimental purposes.
In Cramp, the court reasoned that the objectives of the statute were
still accomplished and therefore, withstood scrutiny., In this case,
%^p, the statute's objective of. extending .aquaeulturet.throughout..the,.
S state is accomplished when -the offending provision,is eliminated.
The second phase of the test involves whether the statute effectuates
the legislative purpose independent of the void provisions. Section
253.68, absent the offensive veto portion, leaves "intact a valid,
coherent, workable statute." Cramp, at 831. Appellant recognizes
that the county should be allowed input into the application process,
but if the offending portion is excised, the remaining statutory and
regulatory procedures take all objections, including the county's,
H i" into consideration when evaluating whether the granting of a lease
is in the public's interest. The elimination of the unconstitutional
provisions leaves the substantive law intact.
Nor does the removal of the veto provision make the statute
unenforceable. The statute can be enforced by its own clear terms.
The Board of Trustees is obligated to establish guidelines for the
implementation of this act, consistent with Section 253.73, Florida
Statutes (1991).
The last portion of the test requires that there remain a law complete
in itself in the absence of the void provisions. Id. at 830. The act at
issue remains whole in itself and effectuates the general purpose of
the Legislature. The balance of this act directs that there be leasing
of the submerged lands on designated water columns of the state.
When the challenged portion of Section 253.68 is eliminated, the
balance of the act remains in full force and effect. Id. The statute in
question epitomizes the standards for the Cramp test, validly
sustaining its character in light of each element. There can be no
question that severing the invalid portions of this statute would
leave intact a complete act.
If the offending language is not severable from the section, the entire
section is invalid. When valid and void provisions are mutually
connected and dependent on each other, and a "severance of the
good from the bad would effect a result not contemplated by the
Legislature," the statute cannot be saved. See Barndollar v. Sunset
Realty Corp., 379 So.2d 1278 (Fla. 1979).
The Appellants' argument supports severability; however, if this
court determines that the constitutionally invalid provision cannot
be separated from the balance of the Section, Barndollar provides
ample support for invalidating the entire Section.

CONCLUSION
The lower court's Order granting Appellee's Motion for Summary
Judgment and declaring Section 253.68, Florida Statutes (1991)
constitutional should be reversed. The act unlawfully delegates
legislative authority to County Boards of Commissioners.
Respectfully Submitted,
*- Cythia Denise Johnson Bar
Kristine E. Knab
Ann P. Perko
Jack L. McLean, Jr.
Attorneys for Plaintiffs
LEGAL SERVICES OF NORTH FLORIDA, INC.


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Page 14 15 December 1993 The Franklin County Chronicle Christmas and


New Year Issue


Published twice monthly on the 10th and 26th


PSC from page 1
or synopsis for staff review nor, apparently, had it provided
such notice or synopsis to its customers or other entities
as required by Rule 25-22.0407 (4) and (5), Florida
Administrative Code. Therefore, we find it appropriate to
deny this utility's request for interim rates.
Subsequently, at our November 23, 1993, Agenda
Conference, we considered the appropriate action to take
in regards to the utility's failure to provide notice to its
customers of its request for a rate increase and to otherwise
comply with Rule 25-22.0407 (4) and (5), Florida
Administrative Code. We find it a very serious issue for a
utility not'to provide notice to its customers of such a filing.
Not only is this a clear violation of the Commission's rule,
but also it denies due process to customers. Previously,
this Commission has dismissed rate cases for failure to
comply with the noticing provisions. Sailfish Point Utility
Corporation by Order No. 23123, issued June 26, 1990,
this Commission dismissed a request for rate relief filed by
Sailfish Point Utility Corporation (Sailfish). In dismissing
the request, we determined that the failure by Sailfish to
timely notice its customers denied the customers a timely
point of entry into the rate proceeding and that such
failure constituted a violation of the customers' right to
procedural due process. Therefore, we find it appropriate
to dismiss this rate case proceeding for failure to comply
with the noticing requirements of Rule 25-22.0407, Florida
Administrative Code.
In consideration of the above, we find it appropriate to
require the utility to file all proposed notices and synopses
with its MFRs if it chooses to refile its request for rate relief.
In order to retain the 1992 test year approved in this
docket, the utility shall file MFRs for a new request for rate
relief no later than the close of the business day on
January 31, 1994.
Based on the foregoing, it is, therefore,
ORDERED by the Florida Public Service Commission that
the petition for rate relief filed by St. George Island Utility
Company, Ltd., is hereby dismissed as set forth herein. It
is further ORDERED that to retain the 1992 test year, St.
George Island Utility, Ltd., shall file MFRs with proposed
notices and synopses no later than the close of the
business day January 31, 1993."
Docket No. 930770-WU, 2 December 1993 order.
Church Directory, continued from page 12
SACRED HEART PARISH CATHOLIC CHURCH
Hwy 98 Lanark Village, FL 32323
904-697-3669
Father James Cregan
MASS
Sunday..................................... 10:00 a.m.
Mon., Tues., Wed., & Fri.... 9:30 a.m.
Holiness Church of the Living God
10th Street
653-2203
Rev. Daniel White
Sunday School.........................9:30 a.m.
Sunday Morning Worship.......... 11:00 a.m.
Sunday Evening Worship........... 6:00 p.m.
Monday Intercessory Prayer....... 6:00 a.m.
Wednesday Intercessory Prayer....6:00 a.m.
Friday Intercessory Prayer....... 6:00 a.m.
ASSEMBLY OF GOD:
Brownsville Road
653-9046
Rev. Mike Rowland
Sunday School........................... 10:00 a.m.
Morning Worship........................11:00 a.m.
Evening Worship.......................6:00 p.m.
Wednesday Night Worship...........7:00 p.m.
Church of Jesus Christ of Later Day Saints
Prado St.
653-8501
Brother Lammar Ford
Sunday School.........................9:00 a.m.
Relief Society Priesthood..........10:00 a.m.
Wednesday Night Relief Society... 7:00 p.m.
Highland Park Community Church
Highland Park
653-2110
Arvin Creamer, Pastor
Sunday School....................10:00 a.m.
Morning Worship........ ......11:00 a.m.
Sunday Evening Worship........ 6:00 p.m.
Thursday Evening Prayer........ 7:00 p.m.
Friday Evening Prayer.......... 7:00 p.m.
St. Paul AME Church
Avenue I
653-9454
Rev. Curry
Sunday Morning Worship....................11:00 a.m.
Thursday Evening Bible Study/Prayer.. .7:00 p.m.
MOUNT ZION BAPTIST CHURCH
Avenue E
R.A. Rogers, Pastor
First and Third Sunday of Each Month
Sunday School..... ......................... 10:30 a.m.
Morning Worship..............................11:30 a.m.
1st United Methodist Church
5th St.
653-9530
Rev. Kip Younger
Sunday Morning Worship.............11:00 a.m.
Sunday Evening Worship................7:00 p.m.
Wednesday Night Choir Practice........6:30 p.m.
Wednesday Night Bible Study...........7:30 p.m.
Trinity Episcopal Church
6th St.
653-9550
Rev. Thomas Weller
Sunday Morning Worship......... 8:00 a.m.
Sunday Morning Worship............. 10:00 a.m.
Wednesday Afternoon Worship........ 12:00 Noon

1st Baptist Church
9th St.
653-9540
Rev. Lee Nelson
Sunday School.......................................9:45 a.m .
Morning Worship.................................11:00 a.m.
Discipleship Training................ ..........6:00 p.m.
Children's Choir.... ................. .............7:00 p.m .
Wednesday Evening Worship.................7:00 p.m.
Wednesday Evening Prayer Meeting........7:30 p.m.
Choir Practice...................... ................8:00 p.m .
St. Patrick Catholic Church
6th Street
653-9453
Father Sebastian
Saturday Evening Mass............5:15 p.m.
Sunday Morning Mass......... 10:00 a.m.

SOPCHOPPY


Mt. Andrew Mission Baptist Church
Route 1, Box 54
Sopchoppy, Florida 32358

ST. GEORGE ISLAND

FIRST BAPTIST CHURCH OF ST. GEORGE
904-927-2257
Rev. Roy B. Bateman, Sr., Pastor
UNITED METHODIST CHURCH OF ST. GEORGE
East Gulf Beach Drive
P.O. Box HCR14
St. George Island, FL 32328
904-927-2088
Rev. James Thomas


Rustling continued from
page 2
To provide shellfish security, these
marker clams would be
strategically placed into bags or
planted clams being cultured on a
specific lease. Scanning harvested
shellfish with an AVID reader will
pick up the marker clams with
their specific codes. If these codes
do not belong to the person in
possession of the shellfish, the
seller will be asked to explain the
discrepancy. The additional value
of this system is its deterrent factor.
Not knowingifa bagorplanted
leaseofshellfish contains marker
units will discourage would-be
thieves.
To speed the reading of harvested
clams, the AVID company has
offered to manufacture "bar"
readers that can be placed over a
conveyor belt of shellfish passing
eight to ten inches under the
reader.
Field trials of the AVID system in
both oysters and clams have been
successful; unfortunately, the
integrity of this system can be
compromised. This security
breakdown is due to the large.
number of hand-held readers
already owned by animal
producers, veterinarians and pet
owners. It would be possible for
someone with a reader intent upon
stealing shellfish to scan a bag of
clams or oysters and remove the
marker units. These removed units
could even be replaced with market
units produced by the thief.
The R & D staff at AVID has'
responded to this problem by
offering to customize a system for
a shellfish association or group of
shellfish lessees. This customized
system. would only read special
microchips. These customized
chips and readers will be only sold
to an exclusive group of shellfish
producers. The group is then in
charge of the integrity of their own
identification/ security system.
Costs for this identification system
vary with the volume of readers
and transponders purchased.
Reader costs for a high-security,
customized system would be
between $700.00 $900.00 and
passive radio frequency tags would
be around $5.50 each. These prices
are negotiable withAVtD according
to current sales and projected
demand. The customized system.
would have a reading distance of
approximately one foot.
Editor's Note: The identification of
commercial companies does not
constitute or imply an
endorsement by the Florida
Department of Agriculture and
Consumer Services.
Reprinted from Solash
(Florida Aquaculture
Marketing News, Vol. 4,
No. 1)

FCC from page 1

processed and then shipped for,
resale.
County Solid Waste Coordinator
Van Johnson told Commissioners
he was making a list of residents
willing to participate in a backyard
composting project, as board
members approved a bid to
purchase two hundred of the
needed bins.

Clerk of the Court Kendall Wade
reported to the board on costs of
transporting and housing
prisoners in neighboring counties
since the closing of Franklin
County's jail. Since August, the
county has spent $43,470 to house
prisoners in Gulf and Wakulla
Counties. The County's budget
has designated $255,000 for the
coming fiscal year to house inmates
outside the county.
In recent reports to both the
Apalachicola City and Franklin
County Commissioners, County
Planner Alan Pierce explained the
State Housing Initiative
Program(SHIP) was not living ip
to it s expectations and could stand
to be drastically changed for the
coming year. Pierce said one of the
largest problems was having
homeowners, who were not familiar
with construction practices be
responsible for securing bids, and
told both boards a local coordinator
was needed to expedite the project.
Out of 30 recipients notified of the
receipt of grants, only 6 projects
have received the necessary two
bids, which in many cases
exceeded the amount of the grants.


Mystery Illness from page 1

Symptoms included nausea,
vomiting, diarrhea, and in some
cases fever and body aches. The
symptoms are non-specific to a
particular illness and have
provided few clues to the actual
cause of the outbreaks. According
to David Hell, of the DEP in
Tallahassee, a viral particle was
found in one stool sample
prompting the DEP to proceed on
the assumption that the illness
was sewage related, even though
extensive sampling ofApalachicola
Bay has failed to find any indication
of sewage contamination.
Another reason for the mystery is
the lack of common elements
linking the separate outbreaks. In
each outbreak the suspected
oysters were gathered by different
harvesters and distributed by
different dealers and retailers. Five
of the outbreaks were traced to
oysters from the Eastern part of
Apalachicola Bay, while the sixth
was traced to Dry Bar oysters from
the Western Bay. The mystery is
even more complex, because the
possibility of time and temperature
Abuse exists inone of the outbreaks
'where the suspected oysters were
stored and consumed by the
victims ovei: a three day period.
Without definite information to the
contrary, tiitle and temperature
,pay have to be considered as a
cause or at least a contributing
-factor in this outbreak, and
possibly in some of the others.
The DEP has expended a
'considerable amount of time and
resources to identify the cause of
this new illness. According to
:Donald Thurston, the DEP
.Apalachicola Laboratory Director,
only Apalachicola Bay water and
Oyster meat samples were
.,processed by the Laboratory during
;the Bay closure. Dolores Spears,
Laboratory Supervisor of the DEP
Lab, estimates that laboratory
personnel put in over 111 hours
,setting up. incubating and


processing the 378 water and 18
oyster meat samples taken during
the six day closure ofApalachicola
Bay. In addition to DEP's efforts,
blood samples were sent off to the
Center for Disease Control in
Atlanta, but it may be several
months before results are reported,
and a definite cause for the mystery
illness can be identified.

VIDEOTAPES
OF THE
Resort Village
Hearing before the
Franklin County
Commission
7 December
1993
I am requesting copies
of the Resort Village
Hearing tape. A check
for $40 is enclosed.
The four hour
presentation, now
available through the
Franklin County
Chronicle, on one long
playVHS cassette, for $40
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. Please allow two
weeks for delivery.

Please print carefully. Thank you.
Name
Phone ( )
Address

City State___
Zip


Carrabelle Commission from
page 1
In other business: The request from
Ivan and Freda White for a change
of zoning from R to R I on their new
River Forest subdivision on River
Road was granted at a public
hearing In which there was no
objection.
Raymond Williams was selected to
fill the position on the Franklin
County Animal Control Authority
(FCACA) as city representative to
replace retiring Marie Grey. Grey
was complimented on her service
with that organization by a member
of the Franklin County Humane
Society. She also received praise
from Marian Morris.
The matter of selecting a cleaning
service for the city was tabled. Also
tabled was the matter of a new
police car. Commissioners tabled
decision on a renewal of a
management agreement between
the city and the Carrabelle Youth
League Inc. on the Community
building. Although the Youth
League has a five year renewable
lease from the city, terms of the
lease call for the city and the League
to renew it annually. The renewal
came due as ofmidnight December
6. There were no members of the
Youth league present at the
meeting. Commissioners
discussed the possibility of making
an agreement with the Recreation
committee. After discussion,
commissioners decided to ask the
recreation committee to come up
with a proposal for use of the
building.
Commissioners approved a request
for a special exception from Marion
Morris to place a mobile home on
Lot 2 and the S 1/2 of lot 3, Block
755 (B%) Picketts Addition. The
property is located in commercial
zoning.
Commissioners approved the
amended budget of the Carrabelle
Port and Airport Authority.


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Special order form:
The subscription and video are available as a package only. No separate video
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