Title: Franklin chronicle
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Permanent Link: http://ufdc.ufl.edu/UF00089928/00006
 Material Information
Title: Franklin chronicle
Physical Description: Newspaper
Language: English
Publisher: Russell Roberts
Publication Date: March 10, 1995
Copyright Date: 1995
 Subjects
Spatial Coverage: United States -- Florida -- Franklin -- Apalachicola
Coordinates: 29.725278 x -84.9925 ( Place of Publication )
 Record Information
Bibliographic ID: UF00089928
Volume ID: VID00006
Source Institution: Florida State University
Holding Location: Florida State University
Rights Management: All rights reserved by the source institution and holding location.

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25


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


...pages

6,7


. 1,


0-lWSITII


The Franklin Chronicle


Volume 4, Number 5


Published twice monthly


10 March 25 March 1995


lrebrateFloid,, Cookoff Winds Down

Still Counting $ W


The Circus

is Coming.!!!

The Frazen Brothers Circus will
be visiting Franklin County on
16, 17 & 18 March for the sec-
ond consecutive year. The event
is being sponsored by the Frank-
lin County Public Library. Mr.
Cliff Butler, President of the
Friends of the Franklin County
Library, has spearheaded the ef-
fort to bring the circus into town.
The Frazen Brothers originally
consisted of Wisconsin natives
Wayne, Gary and Nell Frazen; the
brothers began their travelling
circus in 1974. After one year of
circus life, however, brothers Gary
and Neil left the circus. Wayne
Frazen kept the show alive and
began building his circus year by
year. At present, the show moves
on ten trucks and employs thirty-
five people. The show cover thirty-
thousand miles through twenty-
two states annually from the
middle of March until the middle
of November. The Frazen Broth-
ers Circus features ten perform-
ing tigers, twelve liberty horses
and three performing elephants;
it is the only circus of its size to
have performing wild animals.
The Friends of the Franklin
County Library are hoping to raise
at least $2,500 from the sale of
circus tickets. Tickets are five
dollars in advance and six dollars
at the gate. The Friends of the
Library will receive ten percent of
all tickets sold at the gate and
twenty-five percent of all tickets
sold in advance. Tickets for the
Frazen Brothers Circus are now
on sale at the Eastpoint and
Carrabelle Branch of the Frank-
lin County Library and at the
Eastpoint, Apalachicola and
Carrabelle Branches of Gulf State
Bank.
The circus will begin in
Apalachicola at Apalachicola High
School on 16 March and visit
Carrabelle, by Gulf State Bank, on
17 March. The show will end with
performances in Eastpoint at the
Eastpoint Mini-Mall on 18 March
1995.


Hwy. 98 Carrabelle, Fla.
904/697-3149


Dr. Curry and

Hospital

Problems

Continue
Nemours Clinic Pediatrician Dr.
Elizabeth Curry informed the
Franklin County Commissioners
at their regular 7 March meeting
that Emerald Coast Hospital had
refused to approve her application
to their Consulting Staff. Curry
told the board that, after two pre-
vious meetings between Adminis-
trator Kenneth Dykes, Chairman
Jimmy Mosconis and herself, an
agreement had been reached.to
grant her admission to Emerald
Coast Hospital's Consulting Staff
upon receipt of application.


The pediatrician stated that she
had not been able to use Emer-
ald Coast Hospital's facilities
since 1 January. She said that,
without access to the hospital, she
could not afford her patients labo-
ratory, x-ray or emergency room
equipment. "I have about 1,500
patients, which I now cannot take
care of. These are citizens of your
county. There is not an alterna-
tive place for me to see these chil-
dren. Their is only one emergency
room. Two months have gone by
and I can't take care of these kids
after hours," said Curry. Chair-
man Mosconis suggested sending
a letter to Emerald Coast Hospi-
tal urging them to abide by their
agreement with Dr. Curry.
Commissioner Ed Tolliver ques-
tioned why Emerald Coast Hos-
pital refused to abide by their
agreement. Dr. Curry told the
commissioner that Administrator
Dykes had cited the Consolidated
Omnibus Budget Reconciliation
Act (COBRA) of 1985. According
to the 1 January issue of Journal
of Emergency Nursing:
The COBRA legislation requires
that any hospital receiving Medi-
care funds evaluate all emergency
patients to determine whether an
emergency condition exists. If an
emergency condition is found, the
hospital must provide immediate
and stabilizing care to all emer-
gency patients and active labor
obstetric patients before transfers
are considered.
Dr. Curry said that the legislation
was created to ensure that hos-
pitals do not refuse treatment or
transfer unstabilized patients to
other facilities for purely financial
reasons. Curry stated that she
had never refused treatment to
any of her patients for financial
reasons, nor transferred an
unstabilized patient. "We don't
have a pediatric ward here (at
Emerald Coast Hospital); and now
that I'm not on staff, there's no
pediatrician. So, I believe, Mr.
Continued on page 2


Woody Miley holds the "Chili Head" staff auctioned off for
$1000 in the climax of the 1995 auction.


"The Best Year ever, in all catego-
ries," stated Harry Arnold, Presi-
dent of the 13th Annual St.
George Island Chili Cookoff and
Auction, as he recalculated the
tentative figures. "There are some
bills to pay, but the proceeds
could reach $60,000" added Gary
Cates, Treasurer. "We won't know
for a certainty for a week or so "
The day of the cookoff and auc-
tion was nearly perfect. Lots of
sunshine and balmy breezes com-
ing in from the Gulf of Mexico. The
new location, near Franklin Bou-
levard, added much more room


'with less elbowing into the auc-
tion tent and concession stands.
Crowd estimates ranged from
5000 to a high of 10,000, but that
was not the important figure. The
grand total of funds, generated
through food booths, the auction,
chill sales, the country store, the
sweet shop and advance sales of
Jackets t-shirts and ball caps was
the figure of lasting impression.
The fund raising day, designed to
benefit the St. George Island fire
department and First Responders
began with the 5 K run, at 8 a. m.
Continued on page 7


Charles Williamson (left) successfully bid for the "Chill
Head" staff carved in wood by Jim Anderson (right).


County Attorney Files

Exceptions in Ruling on

Resort Village
On 15 February 1995, County Attorney Alfred O. Shuler filed excep-
tions to the Recommended Order by Administrative Hearing Officer
Ruff, contesting Ruffs interpretation of Franklin County land devel-
opment regulations, as these were applied to the facts in the Resort
Village plans. As Shuler argued, The central issues are whether Fran-
klin County should be compelled to consent to condominium or multi-
family development; whether the County is stopped to withhold con-
sent; and whether the 1977 Development Order (DO) vests the Peti-
tioners (Dr. Johnson and Coastal Development Consultants) with an
intense and dense use of the property." Shuler went on to conclude
In his brief that the County's position is that its consent to multi-
family use was not intended under the 1977 DO; that there is not an
estoppel; and that no particular density or intensity of use could be
vested because none was provided in the 1977 DO.'
Borrowing from a concept in contract law, the Hearing Officer had
argued in his Recommended Order that Franklin County was stopped
from denying Resort Village multi-family zoning because the County
had previously approved multi-family in other areas on St. George
Island.
In paragraph 5, the County's brief denies that there was any evidence
of densities or intensity of use; the Hearing Officer asserts otherwise.
In finding of fact #9, the Recommended Order was incomplete in that
it omitted all reference to the final draft of a proposed order which
Coastal Development had negotiated with the Dept. of Community
Affairs, and which also contained restrictions. The brief continues...
In finding of fact 10, the Proposed Order recites that the Sunset Beach Com-
mercial Area is "in close proximity to the Bay". when it is undisputed that it is
on the Gulf Beach...Unlike the subject property. Sunset Beach was entitled
by the 1977 DRI Order to have multi-family use.
Continued on page 10


Wakulla Chairman

Blanchard Solicits

Governor's Support


Joe Blanchard, Chairman of the Wakulla County Board of County
Commissioners, spoke before Governor Chiles and Cabinet on Tues-
day, 28 February 1995, outlining nine particular needs of the coastal
fishing communities to be affected by the net ban.
'We're here this morning to ask for your aid and support as the impacts
of the net ban become more apparent. The small counties of coastal Florida
will suffer first, as they feel the immediate effects of people out of work. It may
come as a surprise to some people in this state but fishermen whether they
have a license, or (are) deck hands, have home mortgages, car loans, and boat
and gear loans. The effect of foreclosures will be felt throughout the state by
banks, loan companies, big and small businesses alike. Tourism will suffer as
people in Chicago find that they can eat the same frozen fish that they can
here, in Florida. I am sure that you're aware that legislation has been filed to
assist fishermen who will suffer losses, and we wholeheartedly support that
legislation. But even this will fall far short in solving the problems created by
the net ban.
"I am bringing to you today nine points for your consideration and request for
your support. Number One applies only to the Governor.
1. While we feel that all past appointments to the Marine Fisheries Commis-
sion are capable persons, we are very much akin to the Boston Tea Party as
we are being regulated without proper representation. Please, Governor, make
your next appointment to the Commission someone with a commercial fisher-
ies background.
2. We request a moratorium on all rules proposed by the Marine Fisheries
Commission until they are supported by scientific research. A saltwater fish-
ing license was passed and fees of commercial fishing licenses were increased
based on the promise we would see the money spent on fisheries research.
Not one study as been completed, nor has one been initiated north of Tarpon
Springs. Mullet data is based on a study from Tampa Bay and the least dis-
turbed and most productive area of the state has been ignored.
3. The Marine Fisheries Commission is required by Section 370.027 F. S. to
submit annually to you a request for a recommended research program. We
ask that each of your offices review these proposals to make certain that they
are valid studies that pertain to an established program.
4. We request your support for the current proposed legislation to assist fish-
ermen so terribly wronged by this net ban.
5. The small counties have agreed to begin a brokerage for boats and gear as
the amounts offered will, in most cases, not pay off what is owed. We request
the assistance from some agency to print in several languages and distribute
this publication.
6. We ask for your support for initiatives to stimulate economic development
in small counties. The tax base in small counties is such that they could not
support a catastrophic loss of employment. Aquaculture. mariculture and the
use of under-utilized species such as jelly fish, eels, can keep these fishermen
at work.
7. We are disappointed that it has taken a lawsuit to determine the size of nets
that can be used in our waters affected by the net ban. Supposedly, the ban
takes effect in four months, and no one can yet order any gear to go fishing.
There was no offer from the Marine Fisheries Commission to sit down and
work this out, yet just last week they were able to offer a reply to the court.
based on some mathematics that have recently been supported by an educa-
tion (al institution of) higher learning. The only difference (as) been our inter-
pretation and the Marine Fisheries is approximately four feet in length. If cool
heads can't work this out now, what's going to happen on July Ist? Please do
what you can to bring about an early resolution to this lawsuit so that these
people can gear up.
8. The Department of Labor and Employment Security has been very helpful.
but fishermen are not really interested in being retrained. They want to fish.
Somehow, you and I must find a way to make this happen. I feel that within
the Constitutional Amendment these people can make a living and from time-
to-time, we will be asking for your support. As we speak, proposals are being
written for bottom leases and facilities establishment.
9. Lastly, we request your help in development of legislation that will make it
more difficult to change the Constitution. The net ban does not belong in the
Constitution nor do many other issues placed there in recent years. These
days, given enough money, almost anything can be placed in the Constitu-
tion. I thank you for your time." (Applause). "And ask that you work with us to
preserve a way of life."
Governor Chiles responded to Mr. Blanchard.
"We thank you for your report, or your request. And, we will certainly look at
these things. I think are a lot of effort that we all have to take as we try to face
this July 1 date. We have, of course, asked the Dept. of Labor to look at what
it can do. We're trying to determine what additional aquaculture provisions
could be made in the area. We're asking our research arms...and our labs, to
try to assist in that way. I would hope that every fisherman could return to
fishing. That
just is not going to happen. I think you know that. So. we have to look at what
are other suitable jobs in the area..."
Blanchard's comments were Invited by Secretary of Agriculture Bob
Crawford. He spoke as part of an "information item" previously re-
quested by the Attorney General Bob Butterfield. The Chairman of
the Marine Fisheries Commission (MFC) led the "information item"
on the agenda, speaking to a recently published report "New Direc-
Continued on page 2


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Page 2 10 March 1995 The Franklin Chronicle Published twice monthly on the 10th and 26th


Suspects in
Carrabelle
Murder Case
Apprehended

Franklin County Sheriff Warren
Roddenberry announced on 2
March that a shooting had taken
place at the Carrabelle Cove
Apartmenta at approximately
8:25 pm on Wednesday, 1 March.
Carrabelle Police Officer Sgt. Larry
Litton was dispatched to Apart-
ment #4, and, upon his arrival,
he discovered Albert McKinney, a
55 year old male, lying in a pool
of blood on the living room floor.
Itwas determined that McKinney
had been shot one time through
the left shoulder. Life Flight took
McKinney to Tallahassee Memo-
rial Hospital where he was pro-
nounced dead at 10:15 pm. The
Tallahassee medical examiner is
presently doing an autopsy to de-
termine the exact cause of death.
Witnesses at the scene described
the events surrounding the shoot-
ing as drug related. At this time it
is believed that Jermaine J. Earl,
a Tallahassee resident, and an-
other Tallahassee man went to
McKinney's apartment. McKinney
and Earl got into an altercation.
Earl -fled the apartment and, in
the process, ran into and broke a
sliding glass door. Then, Earl ap-
parently went to his vehicle, got a
handgun, and returned to the
apartment where a struggle en-
sued. The firearm discharged and
struck the victim in the shoulder.
The two Tallahassee men left be-
fore officers arrived in the scene.
Officers advised residents to be on
the lookout for a blue Buick oc-
cupied by two black males. Fran-
klin County Sheriffs Office depu-
ties Carl Carlson and Carl Whaley
put up a road block at Lorenzo's
Restaurant in St James. The men
in the Buick ran the roadblock,
but were stopped close to the
Florida State University lab on
Highway 98 in St. Teresa.
The two men were taken into cus-
tody and, during a search of the
vehicle and the area surrounding
it, a .22 caliber Smith & Wesson
handgun was found.. It was lo-
cated on the roadside approxi-
mately 50 feet from the vehicle.
Jermaine J. Earl was arrested at
the scene and a criminal history
check revealed that he had been
charged with 1st Degree Murder
and Possession of a Firearm by a
Convicted Felon.
He is currently in Emerald Coast
Hospital being treated for injuries
that are believed to have been
caused when he ran through the
sliding glass door at McKinney's
apartment. Once Earl has been
released from the hospital, he will
be taken before the county judge
for First Appearance and, at that
time, bond will either be set or
denied.
The Tallahassee man who was in
the car with Earl gave a recorded
statement which agreed with the
statements of other witnesses at
the scene. He has not been
charged. The investigation is con-
tinuing.
Celebrate Flor0id,
R





Continued from page 1
DyKes' legal concerns are without
merit," said Curry.
Concerned Citizen member Jane
Cox stated, "We've had several
situations that Dr. Curry has out-
lined to you where the health of
babies have been placed at ex-
treme risk. I think more than a
letter is called for. If you intend
to write a letter, then some dead-
lines need to be placed in that let-
ter, so that Mr. Dykes under-
stands that you are seriously con-
cerned with the welfare of the chil-
dren of this county. This has been
going on for almost three months
now." Pamela Amato questioned,
"Do we have to have one of our
children die, before someone gets
up off their rear ends and does
something?"
Dr. Curry said that a child's
health had recently been placed
In jeopardy. She said that the
hospital had no access to a pe-
diatrician and had turned a mi-
nor medical situation into a ma-
Jor medical situation, in which the
child had to be transferred to
Tallahassee's pediatric ward.
"This is a risk for the hospital as
well as the people of the county,"
said Curry. Jane Cox urged com-
missioners to place Emerald


Coast Hospital's lease with the
county in jeopardy if they do not
honor their agreement with Dr.
Curry. Commissioner Tolliver
stated, "They could give us the
keys and...this county wouldn't be
able to run this hospital." Ms. Cox
responded, "That's exactly what
Mr. Steeley and Mr. Dykes want
you to believe." Commissioner
Braxton concluded, "You find
someone who will buy the hospi-
tal and I'll sell it to them and we'll
get rid of it."
The board of county commission-
ers then voted to write a letter to
Emerald Coast Hospital stating
their dissatisfaction with the
hospital's refusal to allow Dr.
Curry admission to the Consult-
ing Staff.


Carrabelle City

Commission


The Carrabelle City Commission-
ers began their regular 6 March
meeting with frustrated personal
observations.
Commissioner James "Buzz"
Putnal opened, "Despite what the
county commission says, the
streets in Carrabelle are deplor-
able. They should come a ride
around some of our streets."
Commissioner Putnal said that he
would commit himself to patch-
ing up many of the streets in
Carrabelle.
Commissioner Woodrow Judy
said that the failure of Bevis and
Associates to adhere to their lease
had kept the rest of Timber Island
from being able to apply for a
Community Development Block
Grant. Commissioner Judy listed
inadequate machinery and staff-
ing as reasons to terminate the
city's lease with Bevis and Asso-
ciates. Mr. Barry Wood, a mem-
ber of the Carrabelle Port Author-
ity, concurred with Commissioner
Judy and stated that Bevis & As-
sociates had continually violated
their lease. Attorney William
Webster said that the Port Author-
ity controlled the lease of Bevis
and Associates and that, there-
fore, they needed to take care of
the matter. Commissioner Jim
Phillips made a motion to have the
Port Authority review the condi-
tions of the lease agreement with
Bevis and Associates and to re-
turn to the board with recommen-
dations following review of the
report.
The discussion became slightly
neated between Commissioner
Phillips, Building Inspector
Roscoe Carroll and Attorney
Webster concerning a residence
owned by Mr. Arthur David
Oman. Mr. Oman, a resident of
Georgia, had purchased a home
on Avenue B and North First
Street approximately one year ago
that was in very poor condition.
The commissioners had resolved
to take procedures to condemn
the home in January of 1994. At-
Continued on page 5


torney Webster had been in-
structed to notify the owner that
the condemnation procedures
were in process and Roscoe
Carroll was to inspect the build-
ing and post a letter of condem-
nation on the residence if needed.
Mr. Oman stated that he never
received notice of those proceed-
ings. Mr Carroll maintained that
ne completed what he supposed
to do. Attorney Webster rational-
ized that, If the notice was posted,
Mr. Oman should have been
aware of the proceedings. Mayor
Carlton Wathen stated, "He lives
in Georgia. He can't see the no-
tice from there." At that, Com-
missioner Phillips asked Attorney
Webster if he contacted Mr.
Oman. Attorney Webster re-
sponded that he had not con-
tacted Mr. Oman. When Commis-
sioner Phillips asked why Mr.
Oman wasn't contacted, Attorney
Webster vented, "Alright, I
screwed up." Phillips shot back,
"You're damn right you did. You
should have followed up on this"


....



Mr. Carroll offered, "We have no
alternative than to let the man
restore his building. As long as
we're gonna' let people buy prop-
erty for nothing and make them
Into rentals, we're never gonna get
Carrabelle looking good." Mr.
Carroll also stated that he felt that
realtor Bill Mill had pulled the
condemnation notice off Mr.
Oman's building. Commissioner
Putnal stated, "The man has
bought a pig in a poke and he has
Continued on page 5


Continued from page 1
tions in the Management oi Florida's Marine Fisheries." Marstan told
the Governor and Cabinet that the Marine Fisheries Commission had
rewritten their rules "...for the use of entangling nets." He noted that
litigation had also intervened in the matter, and litigation was also
involved in the shrimping rules. Marstan also said, "We have revised
our rulemaking process for providing more opportunities for people
to be heard in more areas of the state than ever before..."
A few speakers later on the list of about nine, Bob Jones sharply
disagreed with the Marstan observations on "public input" to the MFC's
rulemaking process.
"As to the new procedure of the Marine Fisheries Commission, it's being called
the bifurcated system. The way that system works is that you hold a hearing
and you have your staff conduct the hearing. There may be commissioners
present, there may be not. After the hearings are held the staff will consoli-
date the testimony. It will be presented to the Commissioners. At the final
hearing, when that rule is going to be approved, there will be no public testi-
mony from the affected people. That's the way the most recent process worked.
There were three hearings. One in Tallahassee, one in Orlando and one in
Fort Meyers. The final public hearing was held in West Palm Beach and there
was no public testimony. On a rule that probably has more impact than the
other rules ever adopted by them... In the history of the Marine Fisheries
Commission, this was the first time that the public was not able to speak to
the Commissioners...














Others spoke on the proposal to merge the MFC, Marine Patrol and Florida
Game and Fresh Water Commission into one agency. Jack Rudloe. Panacea,
spoke to that issue and the recent net ban vote.
" ...I have some apprehension about merging the Marine Fisheries Commis-
sion with the Game and Fresh Water Fish Commission. Over the years, I have
found this is not particularly receptive to people who are trying to make their
living out of the ocean. I refer particularly to one issue with electric eels and
the importation of electric eels that are used in Alzheimers disease and other
issues that are used in biomedical research, there has been a totally negative
attitude on part of the Game Commission to look at any alternatives...


moved from ...your input by an organization that exists within its own realm,
that I think its a disservice... I just wish to express my concern.

"My concern is for these people over here that have been displaced by this
particular rule, and I think verlyunfairly in a lot of cases. A lot of instances
were taken where there was misinformation....disseminated on fisheries, on
impacts of fisheries on sea turtles. I have spent my life working to protect sea
turtles. I have written numerous books. We had a major article in NATIONAL
GEOGRAPHIC. And, everyday, dead sea turtles wash up on the beach. 1994
has been the highest incidence of sea turtle kills. .... My concern is that we are
failing in this job and one of the reasons we are failing is that we do not have
a dialogue going with the resource users and with the fishermen. I do not
want to see any agency created that takes us further and further away from
communiintion "


St. George Request

for Reconsideration

on Rate Case Turned

Down by PSC

In late November 1994, the Florida Public Service Commission (PSC)
issued their order in the rate case filed with them by the island utility
in January 1994. The PSC approved rate increases, although not as
much as the Utility wanted, and decreased its service availability
charges. Within two weeks the St. George Island Utility Company,
Ltd. had filed a request (motion) for reconsideration. In December,
the Office of Public Counsel (OPC), an intervening party in the earlier
rate proceeding, filed motions to strike and another for reconsidera-
tion.
The purpose of reconsideration i to bring to the PSC some point
which it may have overlooked or failed to consider when the Commis-
sion rendered its final order. In the St. George Utility filing there
were seven items which the utility believed the PSC failed to consider
in the rate case pending off-and-on throughout 1994, ending in hear-
ings held in Apalachicola in late July and early August. On 1 March
1995, the PSC denied most of the requests for reconsideration.
The PSC has approved the Utility's request for an extension of time to
file a copy of its complete permit application addressing the issue of
capacity as filed with the Department of Environmental Protection
and a copy of its fire protections study. These matters were due on 1
February 1995.
The PSC ordered the docket in this matter (940109-WU) remain open
until the service availability charge escrow account has been released.
If the Utility appeals to the First District Court of Appeal, it has 30
days from the date of the issuance of the PSC order to do so. The PSC
order was signed 1 March 1995.


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New Method

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Nerve Damage
A new diagnostic testing of nerve
damage is available to Franklin
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Stephen Gross now offers chronic
back sufferers a way to detect the
severity of their pain through a
device called the neurometer CPT
(Current Perception Threshold).
The device is able to assess im-
pairments associated with meta-
blic, toxic, acquired, hereditary,
compression, traumatic and in-
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I N T E

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Page 2 10 March 1995 The Franklin Chronicle


Published twice monthly on the 10th and 26th










Puhlished twice monthly on the 10th and 26th


The Franklin Chronicle 10 March 1995 Page 3


Editorial and Commentary


Chili Cookoff,


A Model Fundraiser

The hundreds of persons who volunteered their time and talents to
make the 13th Annual St. George Island Charity Chill Cookoff and
Auction a stunning success, financially, socially, and all other ways,
are to be commended. These volunteers were from all walks in life,
county-wide, and some participating in various roles from as far away
as Georgia. We are not counting participants here, but they too num-
ber throughout the United States.

But, my two points are that once again, (1) volunteers are the glue
that holds this county together and makes it work, and (2) the Cookoff
is becoming the model for one form of fundraising. The interesting
thing about (2) is that no single person is responsible for the plan of
action. This did not happen overnight. There were trials and errors.

While the idea was distinctly originated among St. George Island resi-
dents, the appeal to participate has spread considerably over the years,
including the highly visible auctioneers. Yet, every Saturday weeks
prior to the Cookoff, the Board of Directors would breakfast and ex-
change ideas and notes and some minutes were kept. But, there were
no lengthy "operations orders" or memoranda, or "printed plans";just
an exchange of ideas and verbal advice. No one had to exert "author-
ity" but all were responsible, to be sure. And, some risks were taken.

The Board of Directors decided to promote advance sales of t-shirts,
jackets and hats, discovering that they had accumulated nearly
$10,000 before the cookoff even started' There were media promo-
tions, to be sure, but a community was also stimulated to action for a
common cause- First Responders and the Fire Department.

I think some government bureaucrats who often "plan" from their
armchairs ought to take some notes here, and review the capacity of
a grass-roots effort to generate their own funding, work out their own
plans for fire protections (in line with state rules), and then put the
plan into action.

Consistently, year after year, the gross receipts Increase, along with
the physical space devoted to the cookoff and auction. This year the
event was staged in the Franklin Boulevard area. As I walked a mere
block, through the soft sand and light breezes, it took a couple of
hours to make the trip because one conversation led to another. I
looked about and noted that many others had embraced old friends
or exchanged notes with neighbors.

True, not every community might emulate this volunteer grouping in
the same degree. The island environment can be irresistible on a clear,
sunny and breezy day. And, besides, a car trip to St. George always
brings up the temptation of enjoying one of the dozens of fine restau-
rants in Wakulla, Franklin and Gulf Counties, either coming, or go-
ing, or both, if there is room in the tummy after sampling the cuisine
on the island. What it does take is some effort to identify the common
goals and then stimulate the community and then act on them.

The St. George Cookoff started very modestly, but it grew because
volunteers would not let the idea die. The community spirit took fire
and it spread. In the morning run, Harry Arnold mused over the "early
years" when the trophies outnumbered the participants. That was
certainly not the case this year. By 2 p. m. many of the food booths
were running out of food, and crowds were still coming over the bridge.
Many take away pleasant memories of such a long day. For those
who volunteered their talents, there is satisfaction in knowing that
another payment on the fire truck can be made, and a First Responder
vehicle is closer to reality.

But, on the far horizon is a process and an attitude formulating which
have distinct implications on citizen involvement over their own af-
fairs, and the diminishment of bureaucracy that.continues to suck
,the lifeblood from Impatient taxpayers.

Tom W. Hoffer















Vb,,Eo.4 POST OFFICE BOX 590
i- EASTPOINT, FLORIDA 32328
S904-927-2186
904-385-4003 (TALLAHASSEE)
wy Facsimile 904-385-0830
THE FRANKLIN COUNTY CHRONICLE, INC.


Vol. 4, No. 5


10 March 1995


Publisher Tom W. Hoffer
Editor and Manager ............................... Brian Goercke
Contributors .... Carole Ann Hawkins
........... Paul Jones
........... Randle Leger
........... Bonnie L. Dietz
........... Rene Topping
........... Lee McKnight
........... Judy Corbus
........... Darl R. Ostrander
........... Wayne Childers
............ Laura K. Rogers
............ Amanda Loos
............ Becky Shirley
Survey Research Unit.... Tom W. Hoffer
.......... Eric Steinkuehler
Sales Manager.......... Teresa Williams
927-3472
Computer Systems,
Advertising Design,
Production and Layout .......................... Christian Liljestrand
........... Eric Steinkuehler
........... Audra Perry
Proof reader ............ Various
Circulation .. Will Morris
Video Production ..................................... David Creamer
Citizen's Advisory Group
George Chapel ....................................... Apalachicola
Sandra Lee Johnson ................................. Apalachicola
Grace and Carlton Wathen ...................... Carrabelle
Rene Topping ........... ........ Carrabelle
Pat M orrison ............................................ St. George Island
Tom and Janyce Louthridge .................... St. George Island
Elizabeth and Jim Sisung......................... Eastpoint
Brooks Wade .......................... .......... Eastpoint
Wayne Childers ............................... Port St. Joe
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 $1.60 postpaid.
To others back issues are priced at 35f 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. In-county subscriptions
are $16.00 including tax. Out-of-county subscriptions are $22.26
including tax.
All contents Copyright 1995
Franklin County Chronicle, Inc.


27 Jan 1995

LETTER TO THE EDITOR


From the very beginning the Marine Fisheries Commission was
doomed to live a very sickly and corrupted life infecting bias
and arrogance among the commissioners and imposing undue expense
and misery among the commercial fishermen.
Let me first explain that the original seed that grew into this
nightmarish monster was created by the legislature, originally,
with good intentions. Our legislature wrote and enacted in
Chapter 370 of Florida State Statutes to create the Marine Fish-
eries Commission. This legislature was deliberately vague about
defining "interest groups" and did not make sure that those
affected by this commission would be given unbiased hearings with
full application of due process. This task was assigned to the
Governor as the final approving authority.
There is no question that our Governor is usually a fair and
extremely busy person. But the demands for his time has led him
to make hasty decisions that accelerated the severe infection of
the badly corrupted Marine Fisheries Commission and its staff.
Governor Chiles was very sincere in trying to correct the ills of
the Marine Fisheries Commission in 1993 by carefully selecting.
what he believed to be honest and sincere men to fill commission
vacancies. These men are well respected within their communi-
ties.
I would like to point out to the Governor and the readers that
Governor Chiles or his staff made two serious errors. The first
error was the failure of his staff to define and advise him who
the interests groups are. Chapter 370.026 specifically states;
"The Governor shall consider affected interests when
making appointments to the Commission. No single
interest qroup shall dominate the membership of the
commission."
It is the basic opinion of most fishermen that there are at least
three distinct interest groups. They are the commercial fisher-
men who make a living harvesting fish from the sea, the sports
fishermen and the conservationists. The conservationists gener-
ally want all wild life and fish to be left alone and not har-
vested. At this time, there is no legal or formally accepted
definition as to who or how many interest groups are involved.

The second serious error Governor Chiles made was his failure to
select proper candidates for commissioners position. He chose to
ignore proper representation from the commercial fishermen. He
failed to assure equal balance among the interests group as .
spelled out in Chapter 370.026. His last selection over .a year
ago appeared to be all conservationists who have little or no
knowledge or experience with commercial fishing or judicial pro-
cedures. The men Governor Chiles selected appear to represent
only the conservationist's and sports fishermen's point of view
and he failed to correct the severe procedural defect of "due
process" for which he is sworn to uphold.
Keep remembering that the legislature holds the Governor respon-
sible for the actions of the Marine Fisheries Commission and made
the Governor the final approving authority for all fishing rules
and regulations. So he must accept responsibility for the com-
missioner's and their staff's prejudice, arrogance, and apparent
deliberate evasion of due process that should have been given to
the commercial fishermen. Governor Chiles's failure to correct
their aberrant behavior is the same as agreeing with their ac-
tions.
As good citizens, we should hear the Governor's and commission-
er's side of this story, as wise readers, we will compare their
statements with their documented actions to determine the actual
truth and sincerity.
If Governor Chiles, as the final authority, fails to take imme-
diate action to correct the "legal errors" I recommend that the
court be petitioned to issue a Writ of Mandamus to Governor
Chiles. A Writ of Mandamus is a court order requiring any of-
fending government official to abide by and perform in the manner
the law prescribes and restore to the complainant (that is- the
commercial fishermen) the rights and privileges of which he has
been illegally deprived.
Signed
C?

>-?4 C
John E. Probert L
A Citizen who is not a commercial fisherman.
P.O. Box 190
Panacea, Florida




LETTERS TO THE EDITOR

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





Are These Gripes Early Warning Signals?


For the second time, the Governor heard some.concerns about the
affected parties in the net ban situation in Northern Florida. On 28
February, Wakulla County Chairman Joe Blanchard spoke to the
Governor and Cabinet requesting support for a nine-point list. We
are not convinced the Governor and Cabinet fully understand the
implications of those "requests," but they are certainly early warning
signals to any astute bureaucrat who has -his radio tuned closely to
the frequencies which make the statlc.The warning signs are there,
and yet many other speakers that day, spoke of "reasonable" remu-
neration of fishing equipment as if they were the ones who defined
the term.

At an earlier conference, I sat across from a 57-year-old fisherman,
who talked about his years on the water. "I am too old to retrain." He
expressed considerable frustration with the net ban, and saw this in
terms of simply cutting off his way of making a living. To him, this
was unfair. I think he had a point. A younger person can adapt to
such change. It is unreasonable to expect anyone, or everyone, re-
gardless ofage or station to simply "plug into" a new lifestyle. This is
commonly the "Tallahassee view of things in the panhandle," includ-
ing some who write for the Tallahassee Democrat, so seldom are they
ever present for any "reasonable" length of time to really know what
such lifestyles contain. We would also include the TV news people
who come down for their fish dinners, and two-minute sound bites,
along with the classic tonging shots at sunset. While the residents
generally ignore such coverage, it is consumed by others, some of
whom are in positions of influence legislation, or bureaucratic memo
writing. Jack Rudloe spoke to those points.

If you review the tapes of the 28 February meeting, Chairman
Blanchard reiterated the view that the fishermen did not want re-
training. Yet, the Governor maintained that retraining was in the cards;
others who spoke also underscored this "plan". Each "side" was talk-
ing above each other. The implication is that the program will be
available on a "take it or leave it" basis. Coupled with Blanchard's
appeal for better representation on the Marine Fisheries Commis-
sion, specifically to include a commercial fisherman on the panel, his
appeals fell on deaf ears. That could be tragic.


My 57-year-old fisherman friend closed his conversation on the mat-
ter at the conference Involving small counties coalition In early Feb-
ruary. "They will not take my boat or my gear. I will have my gun by
my side, and I will be ready." While Blanchard expressed the hope
that "cool heads" would prevail in these matters, he was giving the
Governor and his Cabinet, and perhaps others, a veiled warning. This
problem is a tinker box and it could explode over the most insignifi-
cant event or circumstance.


Tom W. Hoffer


Background of the Resort Village Appeal
Continued from the Issue of 260295



Character of Prior Development Approvals
10. In the 1985 amendment to the 1977 DO, the County approved the mixed-
use development of 352 multi-family units on 76.5 acres and a hotel confer-
ence center of 386 hotel units on 11 acres. The 1987 amendment approved by
the County re-affirms a permitted development of the 352 multi-family units
on 76.5 acres, and includes a resort-convention center/hotel with 250 units,
a marina/motel with 40 units, and a "harbor house", consisting of 60 units,
as well;as the other authorized development. Additionally, the County ap-
proved, and there was constructed in the early 1980s, two projects in the
commercial district in the center of the Island: The Villas of St. George, with a
density of approximately 16.6 multi-family units per acre, and the Buccaneer
Inn, with a density of approximately 44 hotel/motel units per acre. On Sep-
tember 2, 1981, the County approved a mixed-use development in the Sunset
Beach Commercial Area in close proximity to the Bay, consisting of 252 mul-
tifamily residential units and 150 motel units, a density of nine multi-family
units per acre, and 25 hotel/motel units per acre. Additionally, the Respon-
dent recently authorized single-family residential units in this area.
11. The Buccaneer Inn, the Villas of St. George. and the Sunset Beach devel-
opment all have more dense development than Resort Village would have,
with a higher percentage of impervious surface, leaving very little natural veg-
etation. The Respondent recently approved and took an active role in encour-
aging and facilitating residential developments served by aerobic septic sys-
tems in the commercial district in the center of the Island. It did so by grant-
ing a variance for setbacks and an easement for waste water purposes. The
dersities for these developments are 4.3 residential units per acre, greater
than the 3.9 residential units per acre the Petitioners have voluntarily im-
posed as a restriction on their property.
Reliance on Prior Approvals
12. The Petitioners, prior to acquiring the property, studied and researched
the public records of Franklin County and other documents and did consider-
able investigation to become familiar with the 1977 DO, as well as the 1985
and 1987 amendments and what was allowed pursuant to those amendments.
Additionally, the Petitioners had conversations with Alan Pierce, the Franklin
County Planner, concerning the development of their property both prior to
and after purchasing the property. In one conversation with Mr. Pierce prior
to purchase, the Petitioners were advised by Mr. Pierce that in order to .de-
velop the Resort Village concept, the Petitioners would be better advised to
acquire "commercially-designated" property within the Plantation, instead of
trying to get single-family lots re-zoned. There is no evidence that the Petition-
ers were placed on notice by any documents or communication from Franklin
County officials that they would not be able to develop the Resort Village pro-
posal on their property.
13. After purchasing the property, the Petitioners continued communicating
with Mr. Pierce and other Franklin County officials. Mr. Pierce was aware that
the Petitioners were expending considerable resources in attempting to se-
cure the necessary government permits and approvals, as well as doing mar-
ket research, real estate development planning, and other activities related to
the parcel in question. The Petitioners expended in excess of $500,000.00. as
a result of their efforts in the preparation for development of the Resort Vil-
lage, including fees to engineers, attorneys, architects, and various environ-
mental specialists and consultants, as of December 1993. Development Re-
view Process Under the 1977 Development Order 14. The 1977 DO provides
that it "is consistent with the local land development regulations of Franklin
County, Florida." The DO contains "conceptual land plans." which are incor-
porated and made a part of the DO...Two of the exhibits. Property...The 1977
DO does not expressly set forth the specific densities for development of the
Petitioner's Property, but the intensity of the contemplated development for a
portion of the Petitioner's Property is shown on "Exhibit B" to the 1977 DO. as
further described above.
15. If the Petitioners had not sought an amendment to the 1977 DO to include
multi-family use, they would have simply submitted a specific site plan to the
Respondent "for review and approval." Upon approval of the site plan,- the
Respondent would automatically re-zone the property as applicable. The au-
tomatic re-zoning of the property was re-confirmed at the Respondent's June
8, 1981 board meeting...
...16. If at the time the site plans are approved, state or federal approvals are
still necessary, the Respondent is required to cooperate with the Petitioners'in
obtaining those approvals, as long as substantial, adverse data is not devel-
oped with regard to environmental damage and as long as cooperation does
not require the expenditures of monies by the County. Since the Petitioner
sought an amendment to the 1977 DO. pursuant to Section 380.06(19 Florida
Statutes, to allow multi-family uses, the Petitioners address these issues as
part of the Chapter 380, Florida Statutes, process, prior to submitting a de-
tailed site plan.
Franklin County's Development Review Process
17. In order for commercial development to be effective in Firanklin Couiityr a
site plan. must be submitted for review and approval to the Planning and
Zoning Commission. The Commission checks to insure compliance with set-
back requirements, parking requirements. impervious surface area, and other
criteria set forth in Franklin-County's ordinances. Information is also pro-
vided in the site plan approval process with regard to the treatment of waste
water and the treatment and detention of storm water. After site plan, ap-
proval, an applicant must next obtain any necessary waste water permits
from either HRS or DEP, depending on the size of the project. A storm water
permit from DEP must be obtained and a certificate from the utility system
that potable water is available for the development. After these permits are
obtained, an applicant must submit building plans and a building permit ban
then be issued. Franklin County has not adopted a process whereby it inde-
pendently studies or evaluates the impact of the DRI. Franklin County relies
upon the state permitting and regulatory process for that data.
Waste Water and Storm Water
18. The 1977 DO specifically addresses "sewage treatment
and drainage control" and requires assurance that the planned development
"will not cause pollution of Apalachicola Bay or other environmental damage'.
.Under the 1977 DO. waste water treatment should be addressed at the site
plan stage, which can occur before any or all of the permitting processes
egin. The Petitioners presented considerable testimony regarding both the
pending waste water treatment permit and the manner in which storm water
would be addressed. 19. Waste water will be treated by an advanced waste
water treatment system (AWT). It will be a municipal-type facility with Class I
reliability and will be of a higher quality than any similar facility in Franklin
County. The AWT plant provides the highest level of treatment available for
domestic waste water. It will remove approximately 93% of the nitrogen con-
tent, 91% of the phosphorus, and 97% of the bio-chemical oxygen demand in
the waste water effluent. Contrastingly, aerobit septic systems remove typi-
cally 13%. 0%,. and 50% of the nitrogen, phosphorus, and bio-chemical oxy-
gen demand, respectively.
20. The Petitioners propose to build the AWT plant in 30,000-gallon phases:
They will install aerobic septic systems during the first years of development.
until enough waste water is generated to efficiently operate the. AWT plant
This will require a flow of approximately 5.000 gallons per day. The Petition-
ers have agreed to start construction on the AWT plant once 5,000 gallons of
waste water is being generated and to disconnect all aerobic systems, once a
permit to operate the treatment plant is issued by DEP. The Petitioners have
also agreed not to exceed 10,000 gallons of flow at any time on the aerobic
system.
21. In order to dispose of treated effluent, the Petitioners propose to use three
sub-surface absorption cells. These will be used on.a rotating basis so as to
minimize the amount of effluent which will pexcolate to the ground water at
each location.
Continued on page 10







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Washington Square Apalachicola

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UULIVI--U


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Page 4 10 March 1995 The Franklin Chronicle


Published twice monthly on the 10th and 26th


MARI*I**I*H
95


Thu 2
Fri 3
LjSat 4


Sun 12
Mon 13
Tue 14
Wed 15
Thu 16
Fri 17
Sat 18

Sun 19
Mon 20
Tue 21
Wed 22
Thu 23 L
Fri 24 [
Sat 25 -

Sun 26
Mon 27
Tue 28
Wed 29
Thu 30
Fri 31
0 25 50 75 100


Bay Scallop

And

STortugas
Shrimping

Rules

Approved


The Governor and Cabinet, on
January 24, 1995, approved the
following rules proposed by the
Marine Fisheries Commission:
BAY SCALLOP RULE
This rule, which takes effect
March 1, 1995:
*establishes a July 1 August 31
recreational harvest season for
bay scallops in state waters north
and west of the Suwannee River
only (all other state waters are
closed to the harvest of bay scal-
lops through the 1997 season)
Establishes a daily recreational
bag limit of 2 gallons of
urnschucked bay scallops per
person (or 1 pint of shucked bay
scallop meat), or 10 gallons per
vessel (or 1/2 gallon of shucked
bay scallop meat), whichever is
less
*prohibits all commercial harvest
and sale of bay scallops from state
waters
*prohibits the use of mechanical
device (including shrimp trawls)
and drags to harvest bay scallops
*establishes exemptions for bay
scallop aquaculture and enhance-
ment projects
TORTUGAS SHRIMP BEDS
RULE
This rule establishes that pos-
session aboard a vessel within
state waters of the Tortugas
Shrimp Beds of more than 5 gal-
lons of heads-on dead shrimp at
the same time any shrimp trawl
is deployed shall constitute prima
fade evidence that such shrimp
were taken within the Beds as an
illegal food shrimp activity.

MFC Acts On Nets,
Seatrout, And Other
Fisheries Issues

Finfish Workshops Scheduled
The Marine Fisheries Commission
'held a three-day public meeting
in West Palm Beach two weeks
ago and took the following action:
.NET FISHING RULES -
Final Decision
The Commission voted to propose
to the Governor and Cabinet a se-
ries of rules and rule amendments
Intended to achieve compatibility
with provisions of the recently
passed net fishing Constitutional
Amendment. These proposed
rules and rule amendments
would:
*prohibit the use of all gill and en-
tangling nets to harvest any ma-
rine species in Florida waters
*allow the possession of a gill or
entangling net aboard a docked
vessel, a vessel transitting state
waters to legally fish in federal wa-
ters, and aboard an anchored ves-
sel In state waters as long as no
fish are enmeshed in the netting
*cast nets would not be allowed
on the above described vessels at
the J time gill or entangling nets
are aboard such vessels
*allow the use of only the follow-
ing net gear within 1 mile from


NOTE: It your water is above 70 degrees (ie: in the south), disregard 'Heat-of-the-Day'period.
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P 55R 5 WHEAT/DAY 0 NOON 53:20-6:14a0 Q DAWN
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55 HEAT/DAY !j 0 NOON 0 DUSK 7i45-8:51

(55 HEAT/DAY 0 NOON I n DUSK !8:31-9:51p
555 HEAT/DA' 0 NOON in DUSK 9:14-10:48p
555 HEAT/DAY 0 NOON _~ DUSK 9:5'14::43p
555 HEAT/DAY 0 NOOCI.- A DUSK 10:37p-12.37a
555 HEAT/DAY <> NOON i T DUSK 11:15p-1:3'a
5V1 55 HEAT/DAY DUSK Q DAWN 11:53pi-2:23a
_i______ OVERHEAD I55 HEAT/DAY MID-AFTERNOON (2.5 HRS)
7N0, (.5- MOON
1~'0:00"0:00 UNDERFOOT DAWN FIRST 1.75 HRS. OF EIGHTT
| N I.SUN OVE READ DUSK LAST 1.2 HRS. OF LIGHT
(1.5 ~I I.HRS.)J


shore in Atlantic Ocean and 3
miles rom shore in Gulf of Mexico
state waters:
-a landing or dip net
-a cast net with a radius no
greater than :12 112 :feet in
length
-a bully net with a diameter no
larger than 3 feet or .a hoop net
with a diameter no larger than 10
feet used to legally harvest spiny
lobster
-a trawl, frame net, push net, or
wing net used to legally harvest
shrimp (to be determined)
-a barrier net with a total length
not exceeding 60 feet and a depth
not exceeding 8 feet at any point
along the net, or a drop net with
a maximum dimension not ex-
ceeding 12 feet used to legally
harvest tropical ornamental ma-
rine life
-a beach or haul seine (only one
may be fished at a time/only two
may be possessed aboard a ves-
sel) that shall:
-not exceed 500 square feet in
mesh area the use of 2 or more
seines fastened together exceed-
ing 500 square feet in mesh area
would not be allowed to be fished
-have a stretched mesh size not
exceeding one inch
-be physically tended at all times
- not be soaked for more than one
hour (from first mesh placed in
the water to first mesh taken out
of the water, and the seine re-
trieval must be continuous)
-be legibly marked at each end
with the saltwater products li-
cense number of the person in
possession of the seine or vessel
shed from, or the name and ad-
dress of the recreational fisher-
man possessing the seine
*allow the use of purse seines only
in state waters outside one mile
offshore in the Atlantic and three
miles offshore in the Gulf
*provide an exception to the above
provisions pursuant to a legal
special activity license issued for
public or scientific purposes
*consider any fish killed or in any
manner harmed by any prohib-
ited net to be "harvested" delete
numerous rule provisions and lo-
cal laws rendered obsolete by the
Constitutional Amendment
-allow only the use of a beach or
haul seine, cast net or hook and
line gear to harvest Spanish
mackerel
-prohibit the transfer of Spanish
mackerel harvested for commer-
cial purposes between vessels in
the East Coast Region
*delete various rule provisions re-
garding the harvest of mullet, in-
cluding commercial weekend har-
vest and sale restrictions, daily
commercial vessel limits, and the
late December 10-day closure of
all harvest of mullet
-apply previous statewide gear
rule provisions to the legal ar-
vest of bluefish
The Commission intends to take
these proposed rules and rule
amendments to the Governor and
Cabinet for approval pending the
outcome of a legal challenge to
these rules filed by commercial
fishermen.
SPOTTED SEATROUT
The Commission received scien-
tific and public comment regard-
ing the state's stressed spotted
seatrout fishery, and directed
staff to draft proposed rule lan-
guage that would:
-prohibit all harvest of spotted
seatrout In state waters from the
Pinellas/Pasco counties line to
the Florida/Alabama line in Janu-
ary and February, and in all other
state waters in November and De-
cember establish daily recre-
ational bag limits of 8 spotted


(:E) SPECIAL WALL


ip BOOK OFFER


APOGEE
HALF &
HIGH


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seatruut narvested In state waters
from the Pinellas/Pasco counties
line to the Florida/Alabama line,
and 5 spotted seatrout harvested
from all other state waters
-establish a 15 inches total length
minimum size limit and a 20
inches total length maximum size
limit for spotted seatrout har-
vested in state waters (one fish
larger than 20 inches total length
would be allowed to be harvested
daily)
-allow the commercial harvest
and sale of spotted seatrout in
June, July, and August only, with
a 50 fish daily commercial vessel
limit only the use of beach and
haul seines, cast nets, and hook
and line gear would be allowed for
the commercial harvest of spot-
ted seatrout
-prohibit the possession of spot-
ted seatrout on any vessel with
gill nets aboard
VESSEL OPERATOR
RESPONSIBILITY RULE-
Final Public Hearing
The Commission voted to con-
tinue this final public hearing on
a rule that would establish vessel
operator's responsibility for ille-
gal harvest of saltwater products
during the Commission's next
regular meeting in April.
FLORIDA EAST COAST
SHRIMP BED RULE-
Final Public Hearing
The Commission voted to propose
a rule amendment to the Gover-
nor and Cabinet for approval next
month that would allow the har-
vest of food shrimp during April
and May in a narrow area adja-
cent to federal waters outside the
mouth of the St. Johns River.


See all of 1995's peak activity
times and days with the all
new 1995 ASTRO-TRACKER
Wall Calendar and FREE
Pocket Calendar. The full -
color 2 x 9" Wall Calendar
uses a graphic format, and
now includes rise and set
times for the sun and moon.
Summary charts show the
best (and worst) days each
month, full moons vs. new
moons for the year, the year
at at a glance, and a look
ahead at 1995's major moon
phases. The Free, take-it-
with-you Pocket Calendar
uses the numeric format.
Both: $8.95.

Also available, Under the So-
lar/Lunar Influence by Rick
Taylor. Informative book offers
the scientific facts, honest an-
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12,000 words and well Illus-
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SPECIAL CalendarandBook:
$14.95

Send to: Astro-Tracker Dept.
F P. 0. Box 395 Ankeny, IA
50021

For MasterCard orVisa orders,
call (515) 964-5573.


SHRIMP RULES
The Commission received public
comment and reviewed draft rule
amendments which would con-
form Florida shrimping rules with
provisions of the recently passed
net fishing Constitutional Amend-
ment, and would allow the use of
trawls for the directed harvest of
shrimp only and require the use
of turtle excluder devices in all
shrimp trawls In state waters (per
federal rules). The Commission in-
tends to hold statewide public
hearings on these proposed rule
amendments pending the out-
come of litigation now In progress.


Rick Taylor's Astro Tables


Brass and
Organ Concert

By, George L. Chapel
The Bay Brass Quintet of Panama
City will return to Apalachicola on
Sunday March 12, at 4pm in Trin-
ity Church to take part in a Brass
and Organ Concert sponsored by
the Ilse Newell Fund. Last here
in 1992 for the "Concert in the
Park," they will be joined by Dr.
Bedford Watkins playing the 1842
Henry Erben Tracker organ in the
church. Bill Thompson and lan
Miller will play trumpet with Jack
May on French horn, Lou Lydia
on trombone, and Terry Stryker
on Tuba.
Bill Thompson, a native of Mont-
gomery, Alabama who holds an
M.S. degree in music education
from the University of Alabama,
has played with the Ringling
Brothers Circus and the Shrine
Circus. He is currently director
of bands at Mowat Middle School
and a member of the Okaloosa
Symphony. Ian Miller began play-
ing comet in brass bands in Scot-
land at the age of ten, and played
in the Royal Marines Band from
FEDERAL COUNCILS
REPORT
The Commission received a staff
report and public comment on
several federal fisheries manage-
ment issues, and directed staff to
draft proposed rule amendments
that would:
-establish a 5 fish daily bag limit
and a 15 inches minimum size
limit for all harvest of red snap-
per on the state's Gulf coast, and
prohibit the sale of red snapper
when federal sale closures occur
in the Gulf
-provide that the daily bag limits
of 1 Warsaw grouper and 1 speck-
led hind per person be included
within the daily aggregate bag
limit for groupers
-establish an annual commercial
quota of 877,335 pounds for blue-
fish harvested on the state's At-
lantic coast
The Commission also directed
staff to hold a final public hear-
ing if requested on a proposed rule
Amendment that would allow per-
sons to possess either the proper
Atlantic or Gulf permit to harvest
reef fish for commercial purposes
through December 31, 1995.


~-"

School Health
Clinics Open


Franklin County's School Health
Clinics opened on 6 March. Each
of Franklin County's four schools
now have a health clinic and a
certified nurse. The county
schools also have one registered
nurse and one social worker to
share between the four schools.
Ms. Mazie Moore, Apalachicola
High School's Certified Nurse,
said that her first day on the Job
was slow. "It's gotten quite a bit
busier," said Moore, "I think the
kids have found out what they've
got and they're making good use
of it."


r --- - - - - - - - - ------
LAZY DAYS
1 SPECIAL!
i Relax and take
the day off! WhIh
^ this I
coupon take
_any sub or salad. aid through
"-. - - - -


01





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EavpoDni, Fl 32328
(904) 670-8143

F1 REE
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1974 to 1984. He studied under
Frank Boyden of the Royal Phil-
harmonic Orchestra. Jack May
holds a B.M. degree from the
Cincinnatti Conservatory of Mu-
sic and an M.A. degree from Ohio
State. Lou Lydia hold a B.M.E.
degree from Florida State and is
presently the band director at
Merritt Brown Middle School in
Panama City. Terry Stryker holds
a B.M.E. degree from FSU and is
presently band director at
Wewahitchua High School and
orchestra director at the First
Baptist Church of Panama City.
The Ilse Newell Fund for the Per-
forming Arts of the Apalachicola
Area Historical Society is a locally
supported effort to bring commu-
nity concerts into the area.


-









Published twice monthly on the 10th and 26th


The Franklin Chronicle 10 March 1995 Page 5


A


Steinhatchee River
Aucilla River
Shell Point
Dickerson Bay
Bald Point
Alligator Point
Turkey Point


High Low
-0:15 -0:03
+0:03 +0:05
+0:05 +0:03
+0:16 +0:20
+0:33 +0:19
-0:08 +0:11
-0:12 -0:18


High Low


Dog island +0:07
St. George Island (East End) -0:15
St. George Island (Sikes Cut) +0:49
Apalachicola +2:00
St. Joseph Bay -0:24
Panama City -0:43
St. Andrews Bay (Channel Entrance) -1:31


+0:06
+0:06
+1:32
+2:44
-0:51
-0:44
-2:02


i IIi I i II I IIr l I I I I IttI IIIIIIII ll lTIII I I I I I I I I I I I I I IIII I I


GEORGIA
Hans & Esther
P.O. Box 1337
Carrabelle, FL 32322
(904) 697-3410


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Reservations Accepted Master Card Visa.


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BEST FOOT

FORWARD
By Dr. StephenJ. Gross


FOOT INJURIES


What should you do if you injure
a foot, resulting in pain and swell-
ing?

First, get off your feet. Elevate the
injured foot higher than your
waist. This will help reduce the
pain and swelling. Apply an ice
bag in a towel for 20 minutes to
further reduce the swelling. Re-
peat once an hour.

Arrange to get to the podiatrist as
soon as possible to discover the
extent of the injury and to get pro-
fessional treatment. Some people
have the,mistaken notion that an
injury can't be a fracture if they
are able to move the;injured foot.
The fact is that people sometimes
are even able to walk with some
types of foot fractures like
chipped foot or ankle bones

X-ray and other examination can
reveal if there is a fracture,
whether it is a type that needs to
be "set" or if it requires other
forms of treatment. Do not delay
getting professional attention for
a foot injury.

Presented in the interest of
better foot care by:

Dr. Stephen J. Gross
Hwy 98
Eastpoint, Florida
670-8999


Holmes (904) 653-8878

Middlebrooks Funeral ome
APALACHICOLA EASTPOINT (904) 670-8670


ST. MARKS TIDES
MARCH 1995 EASTERN STANDARD TIME
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
1 Ft. 2 3 4
H 1:44 AM 3.4 H 2:24 AM 3.4 H 3:02 AM 3.2 H 3:38 AM 3.1
L 8:05 AM-0.4 L 8:34 AM -0.2 L 9:01 AM 0.1 L 9:26 AM 0.3
H 2:14 PM 3.4 H 2:41 PM 3.5 H 3:06 PM 3.5 H 3:29 PM 3.4
L 8:18 PM 0.0 L 8:55 PM -0.1 L 9:31 PM -0.2 L 10:06 PM-0.1
5 6 7 8 9 10 11
H 4:15AM 2.8 H 4:55AM 2.6 H 5:43 AM 2.3 L 12:19 AM 0.4 L 1:39 AM 0.5 L 3:19 AM 0.5 L 4:35 AM 0.4
L 9:50AM 0.6 L10:16AM 0.8 L 10:46 AM 1.1 H.6:51 AM 2.0 H 8:39 AM 2.0 H10:25 AM 2.1 H11:23 AM 2.4
H 3:51 PM 3.3 H 4:15 PM 3.2 H 4:42 PM 3.1 L 11:24 PM 1.4 L 12:25 PM 1.6 L 2:15 PM 1.8 L 4:09 PM 1.7
L 10:43 PM 0.0 L 11:25 PM 0.2 H 5:16 PM 2.8 H 6:07 PM 2.6 H 7:50 PM 2.4 H10:01 PM 2.5
12 13 14 15 16 17 18
L 5:27AM 0.1 L 6:06AM 0.0 H12:00AM 3.0 H12:42 AM 3.2 H 1:23 AM 3.4 H 2:04AM 3.6 H 2:46 AM 3.6
H 12:02 PM 2.7 H 12:33 PM 2.9 L 6:39 AM -0.1 L 7:10 AM -0.2 L 7:39 AM -0.1 L 8:09 AM 0.0 L 8:38 AM 0.2
L 5:19PM 1.4 L 6:06 PM 1.0 H 1:02 PM 3.2 H 1:28 PM 3.3 H 1:53 PM 3.5 H 2:18 PM 3.6 H 2:44 PM 3.8
H 11:11 PM 2.7 L 6:45 PM 0.6 L 7:23 PM 0.3 L 7:59 PM -0.1 L 8:37 PM -0.4 L 9:17 PM -0.6
19 20 21 22 23 24 25
H 3:29AM 3.5 H 4:15 AM 3.2 H 5:07 AM 2.9 H 6:08 AM 2.6 L 12:50 AM -0.2 L 2:14 AM 0.0 L 3:40 AM 0.1
L 9:09AM 0.4 L 9:41 AM 0.7 L10:16AM 1.0 L 10:57 AM 1.3 H 7:30 AM 2.4 H 9:10 AM 2.3 H10:32AM 2.6
H 3:11 PM 3.8 H 3:41 PM 3.8 H 4:16 PM 3.7 H 4:57 PM 3.5 L 11:53 AM 1.6 L 1:24 PM 1.8 L 3:31 PM 1.7
L 9:59PM -0.7 L 10:46 PM-0.6 L11:41 PM -0.4 H 5:52 PM 3.2 H 7:30 PM 2.8 H 9:45 PM 2.8
26 27 28 29 30 31 NEWMOON
L 4:50AM 0.1 L 5:43AM 0.0 H12:09AM 3.2 H12:56 AM 3.3 H 1:37 AM 3.4 H 2:14 AM 3.4 MARCH 1st
H 11:25AM 2.8 H 12:05 PM 3.1 L 6:26 AM 0.1 L 7:02 AM 0.2 L 7:33 AM 0.3 L 8:02 AM 0.4 MARCH30th
L 5:04PM 1.3 L 6:02PM 0.8 H12:40 PM 3.3 H 1:10 PM 3.5 H 1:38 PM 3.6 H 2:04 PM 3.7 FULLMOON
H 11:10 PM 3.0 L 6:48 PM 0.4 L 7:27 PM 0.1 L 8:04 PM -0.1 L 8:38 PM -0.3 MARCH 16th


Tide Corrections For Your Area


Carrabelle City
Continued from page 2
my sympathy." The board de-
cided to have Attorney Webster
begin condemnation procedures,
but to allow Mr. Oman ample time
to restore his home and bring it
up to proper standards. "And if
you (Attorney Webster) have
trouble with this," concluded
Commissioner Phillips, "Talk to
us about it and don't wait a couple
months or a year."
In other business:
*The Carrabelle City Commission-
ers unanimously moved to amend
termination of the U.S. Coast
Guard dock lease to be effect 10/
01/94, instead of 10/01/93.
*The commissioners tabled pos-
sible acceptance of a bid for lease
of the old U.S. Coast Guard dock.
*The commissioners tabled pay-
ment of $929.80 to Baskerville
Donavan for professional services
completed during December of
1994 and January of 1995 In con-
nection with U.S. Army Corps of
Engineers which permitted reso-
lutions at the Carrabelle Thomp-
son Airport. The agreement con-
sisted of communications with the
Corps of Engineers and Franklin
County.
*The commissioners agreed for
payment to C.W. Roberts Con-
tracting Inc. of $7,158 for work
done at Carrabelle Thompson Air-
port.
*The commissioners agreed to
waive a building permit for the
construction of a concession
stand for the Carrabelle Youth
Athletics, Inc.
*The commissioners tabled pos-
sible establishment of a section
in Evergreen Cemetery for buri-
als of indigents.
*The commissioners approved
advertisement for a policeman to
be hired under the Fast Program.
*The commissioners approved an
application for the Carrabelle City
Police to receive a 75%/25% grant
funding. Commissioner Phillips
expressed interest In obtaining a
fully outfitted police car.
*The commissioners agreed to re-
fer advertisement for a Water and
Sewer Department employee to
the next budget meeting.
*The commissioners, approved
Apalachicola State Bank request
o a twenty-five foot front build-
ing set back to fifteen feet for
safety reasons.
*The commissioners agreed to
donate one hundred dollars to the
Carrabelle High School 1995
Grad Nite.
*The commissioners granted a
three foot set back for houses on
Three Rivers Road.
*The commissioners denied Jo-
seph and Ann Weber's request for
permission to advertise for a pub-
lic hearingto close the designated
road which runs into Bruce Street
and Three Rivers Road. Commis-
sioners Putnal, Phillips and Mayor
Wathen voted to deny the request
and Commissioners Lofton and
Judy voted to grant the request.
*Commissioner Putnal an-
nounced the projected spending
of the Carrabelle Youth Athletics,
Inc. budget: $800 will be used to
purchase a backstop, $3000 to
purchase a concession stand and
$800 for one year of lighting at
the Carrabelle Baseball Field.
Tillie' Miller Park will receive a
fence for $1000 and a picnic area
for $2,400. Commissioner Putnal
stated that there was thirty-three
dollars left over in the budget.

I^- t -Il^^^^^^^^


Chapman Teacher
Receives
District Honors

The thought of becoming a school
teacher first dawned on Ms.
Audrey Gaye in her second grade
classroom in McDavid, Florida.
The dream that motivated Ms.
Gaye to enter the field of educa-
tion became reality in 1974, when
she became an elementary school
teacher. Many years and students
later, the teaching techniques of
the Chapman Elementary second
grade teacher would win the
praise of students, parents and
peers. On 27 February, Ms.
Audrey Gaye was named District
Teacher of the Year. "My goal has
always been to love every child no
matter what his or her position
in life is. I've always tried to fos-
ter a family atmosphere," said Ms.
Gaye.
Ms. Gaye was nominated
Chapman Elementary's Teacher


BAYFRONT
This 3BR/2BA home located on wooded one acre lot on East End offers a wonderful view of
the Apalachicola Bayand all the comforts of home. Interioris in excellent condition, partially
furnished, oak & tile floors and more. $220,000.00
HOMESITES
INTERIOR building site located in quiet area and loaded with nice vegetation. $18,000.00
ST. GEORGE PANTATION interioroneacrewith bayviewand heavilyvegetated.$30,000.00
BAYFRONT one acre home site in St. George Plantation with panoramic view of bay.
$74,500.00
BAY & CANAL view home site located in peaceful area and some vegetation. $20,000.00
INTERIOR one acre building site in St. George Plantation with beautiful vegetation.
$35,000.00




N: ElI 6 a 1 I: W S1


Being present at the scientific and
humanities programs is at the
core of the Symposium with so-
cial events like a semiformal din-
ner and a dance rounding out the
experience. A few examples of the
lab offerings were a session on
glaucoma, a condition of the eye,
radio astronomy, and the phys-
ics and music of the carrillon. An
unforgettable experience is to be
in the carillon tower right among
bells from 6 inches to 5 and one-
half feet across while they are
being played.
The young scientists and their
chaperone were well fed, worked
very hard, and were kept busy for
the three days. They enjoyed the
trip and learned a lot of valuable
things, but they were glad to get
home for some rest and to be able
to think back on those three
memorable days.


of the Year on 24 February by a
majority vote of fellow faculty
members. Other nominees for
District Teacher of the Year lnL
cluded: Mr. Eddie Joseph from
Apalachicola High School, lMs.
Marian Morris from Chapman
Elementary School and Ms.
Marcle Collins from Brown 'El-
ementary School. The Chapman
Elementary School nomination for
District Teacher of the Year was
just the second Chapman selec-
tion since the district nominations
began in 1982. Chapman Princi-
pa Jerry Burns praised Ms. Gaye
as a kind and caring instructor.
"She has a very positive attitude,..
an 'I can' attitude. We are all very
excited here that Ms. Gaye was
selected. She is very close to our
hearts and especially close to the
hearts of her students." Ms. Gaye
considered the district nomina-
tion a true honor, but felt the abil-
ity to motivate her students to be
the greatest of her achievements.
"When I see my students continue
to progress, I really believe that
their accomplishments mean the
most to me."

Brown Elementary
O.M. Students
Compete in
Chipley
By Becky Shirley
On Saturday,February 25,the
group at O.M.(Odyssey of the
Mind)competed against the coun-
ties in the North West Florida Re-
gion. Both Division I and Division
did a very good job.
Division I consists of age group
9-12. Their play was titled "Time
Travelers". The kids in Division I
were: Blake Sasnett,Ryan
Vance,Randy Millender,Brett
Millender,Katie Marks,Ashley
Richards,and Kim Giddens. Divi-
sion I was coached by Donna
McCroan.
Division II consists of ages 12-15.
Their play was titled "Vaudeville".
The kids in Division II were: Kayla
Martlna,Jamle Carroll,Ricky
Hathcock,SarahRhew-
Wilson,Dawn Dasher,Christy
Krontz,and Tyler Fulmer. Division
II was coached by Cathy Wood
and David Walker.
In the O.M. competition,Division
I came in first place and Division
II came In third place. Both plays
were very good and both Divisions
will go to Tampa. Division II will
go to Tampa to help raise money
and give support.
Jamie Carroll and Kayla Martina
received Outstanding Omer
awards. All the students in both
Divisions hope that they do a good
Job competing and raising money
in the Tampa Competition. Good
luck O.M.!


I




P/9tas Qwdevu



CGor er




Moving Sale



Up to M Off



We Have Many Exotics and

Foundation Plantings




Hwy 98 Eastpoint
stpoin


"M


I I I I I I I I I I I I I I I I iI I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I IIIIII


Honor Students

Go On Fascinating

Field Trip

By Becky Shirley
Erin Butler and Shantia Cargill
were honored guests at the 32nd
annual Junior Science, Engineer-
ing and Humanities Symposium
held at the University of Florida
at Gainesville. They were accom-
panied by Mr. Tom Loughridge,
their chemistry teacher at
Apalachicola High School.
Being able to attend at the Sym-
posium is a grand honor reserved
orhigh achievers in the sciences.
Miss Butler and Miss Cargill rep-
resented Apalachicola High
School on the basis of science


I~






Published twice monthly on the 10th and 26th


Page 6 10 March 1995 The Franklin Chronicle
IN : p


*9'4


'C-


*~x ~
.,...~ ',


Thank You


Thank You


Thank You


to


3 All the Chili Heads
3 All the Donors in the Cookoff Auction
a All the Big Spenders at the Chili Cookoff
3 All of the Hundreds of Volunteers


who


Helped to Make the 13th Annual

Chili Cookoff and Auction


the Biggest and Best Ever!


You Know Who You Are!!


Thank You


Thank You


Thank You


St. George
Harry,


Island Chili Cookoff Board


Lee, Gary,


Jay, and Ollie


~~o~i~i~a*~ ~Ti~T~-~PrS~ FQlr=2~-i~-~i~4~ ~L~E~i~s~a''~~ ca~d~Bb~pl~ ~
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The Franklin Chronicle 10 March 1995 Page 7


Published twice monthly on the 10th and 26th


First Responders

on the Move

The East Point First Responders
made their cause visible during
the Chili Cookoff in a fundraising
drive located near the St. George
Island Bridge. Group members
stood on either side of the St.
George Island Bridge with signs
requesting donations and with a
firefighter's boot for donations.
Fundraising efforts began at 8
a.m. and members had earned
nine hundred dollars by noon.
Jennette Creamer, a member of
the first responders, said that the


Historic

Apalachirola

Foundation


Historic Apalachicola Foundation
offers a day for preservation en-
thusiasts on Friday March 24th
at the Apalachicola National Es-
tuarine Research Reserve. Regis-
tration for the day will begin.at
9:30 am and the program will run
from 10:00 am until4:00 pm.
Regionalism in Historic Preserva-
tion, a current theme of the Na-
tional Trust for Historic Preser-
vation, will be addressed by
Katharine Dickenson of Boca
Raton, and a trustee of the Na-
tional Trust. Douglas Purcell,
Executive Director of the Historic
Chattahoochee Commission, an
Alabama and Georgia supported
organization with offices in
Eufaula, Alabama, will speak
about his regional organization
and.how that group and Historic
Apalachicola Foundation might


group was trying to raise money
tor a defibrillator. The device,
said Creamer, would cost approxi-
mately twenty-four hundred dol-
lars to obtain. George Pruitt, Com-
mander of the First Responders,
noted that there are presently six-
teen active members of the first
responders and three individuals
in training to become active mem-
bers. Dink Turner, Eastpoint Fire
Department Chief, said that many
of Eastpoint's Firefighters were
also trained first responders. Mr.
Turner also noted that the East-
point Fire Department was plan-
ning to purchase a new fire truck
and had already saved thirty-four
thousand dollars for that pur-
chase.


cooperate in joint projects to the
advantage of each end of our
shared region.
Heritage Tourism, directly related
to Apalachicola, will be discussed
by E.L. Roy Hunt, Professor of
Preservation Law at the Univer-
sity of Florida and board member
of HAF.
AT 4:00 PM there will be a short
tour of several historic structures
and this will end the day for the
general public.
The day's program will be followed
by a membership reception for
Historic Apalachicola Foundation
members and the day's speakers
at the historic Hodges-Willls
house.
There will be a $5 registration fee
for the general public but no reg-
istration fee for HAF members.
Anyone not a HAF member is in-
vited to join HAF. The annual dues
are $15. Early registration is ad-
vised at either the Chamber of
Commerce (904) 653-9419 or to
Historic Apalachicola Foundation
at P.O. Box 41, Apalachicola, FL
32320.


Winners at the St.
SGeo Charity Chili
Cookoff- 1995
Professional Chill
FIRST PLACE:
Hodge Podge Chill
Charlie Ward
Lake Havasu, Arizona
SECOND PLACE:
Macktown Chili Co.
Jim Weller
Bloomfield, Michigan
THIRD PLACE:
Southern Chili Georgia
Georgie Weller
Bloomfield, Michigan
Best Booth
FIRST PLACE:
Franklin County Furnace
Denng Campbell Dennis Valente
Tallahassee. Florida
:'SECOND PLACE:
: Dead Serious Chili
Ken Burke.
Tampa.Florida
THIRD PLACE:
Chuckwagon Chili
Larry Gullett
Kissimmee, Florida
Showmanship
FIRST PLACE:
Franklin County Furnace
Denng Campbell Dennis Valente
Tallahassee, Florida
SECOND PLACE:
Chuckwagon Chili
Larry Gullett
Kissimmee. Florida
THIRD PLACE:
M and M Chili Co.
Mindi Onderick Martha Tuno
Orlando, Florida
Mr. Hot Sauce Award
Franklin County Furnace
Denng Campbell-Dennis Valente
Tallahassee, Fla
Miss Chili Pepper
Chantel Eales
The Texan Chili Team
Lutz, Flordia
Top Sales Team
(The team raising the most money at
their booth)
FIRST PLACE:
Olivers Flaming Crazy Chili
Jim and Chris Oliver and Jim Ander-
son
Lithonia. Georgia
SECOND PLACE:
Franklin County Furnace
Denng Campbell Dennis Valente
Tallahassee, Florida
THIRD PLACE:
New Life Chili Co.
William L. Gary
Tallahassee. Fla
Crock Pot Chili
FIRST PLACE:
Dr. Hobson Fulmer
Eastpoint. Florida
SECOND PLACE:
Christie Koonts
Tallahassee, Florida
THIRD PLACE:
Chris Slauson
Alden. Iowa


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Chili
Continued frori page 1
Saturday, 4 March 1995, gener-
ating $3,398 through entry fees
and advertisers and sweat shirt
sales. The breakdown of gross rev-
enues, by category, Is presented
below:


Food concessions
K-Bob
Chicken and Dumplings
Dominic's Chili
Grouper
Gumbo
Hot Dogs
Crock Pot competition
Drinks


$595
2000
1070
587
293
829
384
2297


County Store 558
Professional Chili, Sales and
Registrations 5322
Auction 20,811
Chill Head sales 14,420
Sweet Shop 883
Cookbooks 1,116
5 K Run 3,398
Total $59,417


v. .?


Sales of Cookbooks, while in-
cluded here in the gross
tabulations,are accounted for
separately in another fundraising
project.
"There are so many involved in
this fundraising event to name
even a few runs the risk of over-
looking important contributions
by many others, said Harry.
However, the Chronicle would like
to at least make one or two ob-
servations concerning the roles
played by WCTV's Robert Burns,
who stirred a new niche for him-
self as auctioneer with a high
flurry for entertainment and en-
thusiasm, so taken by his style
were the hundreds of bidders.
Anna Johnson's charming yet ef-
fective persuasion helped "move"
dozens of cookbooks and other
auction items.
The auction was exhausted of
items about 4 p. m. Saturday af-
-ternoon. The climax to the day's
bidding was an exciting tug-of-
war between two bidders for an
attractive Chili Head staff carved
by Woody Miley, along with auc-
tioneer Harry Arnold, kept the
"heat up" on bidding after the first
sale by Chris Oliver, Lithonia,
Georgia and owner of the "Oliver's
Flaming Crazy Chili" with hus-
band Jim. She donated the staff
back to the auctioneer, to gener-
ate additional bids. The pace con-
tinued to a fever pitch, with the
bidding audience joining the ris-
ing tension with cheers as each
new bidding plateau was reached.
The winner of the contest was
Charlie Williamson for $1000.
Charlie is a resident of
Apalachicola.
The woodcarver for this master-
piece is Jim Anderson, the third
such work he has donated to the
Cookoff Auction. Jim is from
Lilburn, Georgia.


Boyd Vows to

Help Fishermen
Affected by Net
Ban
Representative Allen Boyd (D-
Monticello) plans to file legislation
to lend economic support to fish-
ermen and seafood industry busi-
nesses adversely affected by the
passage of the "Save Our Sealife"
constitutional amendment in No-
vember. This amendment bans
fishing with certain types of net
gear beginning July 1, 1995.
"Thousands of hardworking Flo-
ridians will have lost theirliveli-
hoods because of this vote," said
Rep. Boyd. "It's our responsibil-
ity to help these people retrain for
a new line of work."
The major points of Rep. Boyd's
legislation Include:
*Create a program to supplement
lost income of eligible saltwater
fishing licensees;
*Provide for purchase of commer-
cial fishing gear and vessels;
*Retrain commercial fishermen
economically displaced by the
adoption of the amendment;
*Develop alternative Industries,
employment opportunities and
entrepreneurial ventures in
coastal communities emphasizing
the establishment of viable aquac-
ulture operations
eProvide for displaced seafood
workers to receive priority consid-
eration for state job vacancies.
Boyd's plan would allocate $40
million into the Seafood Workers
Economic Assistance Trust Fund
which would be created under
this legislation. Thirty million dol-
lars would be transferred from the
Coastal Protection Trust Fund
and $10 million would be allo-
cated out of general revenue. A
stamp on saltwater fishing li-
censes would supply future fund-
ing for the assistance program.

Of the appropriations, $19 million
would be used to buy back com-
mercial fishing nets, $10 million
would be usedto buy fishing ves-
sels, $10 million would be used
to pay for economic assistance for
lost wages due to the net ban and
the remaining $1 million will be
used to administer the buy-back
and assistance programs.


Postmasters Cathy Hosford
(Eastpoint) and Judy
Stokowski demonstrate the
new Florida Commemora-
tive stamp at the cookoff.


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Subscribe
NOW
to the
Franklin
County
Chronicle


Bow Wow Ball

Is a Howl
Bow Wow Ball General Coordina-
tor Kathy Morton is calling the
sixth annual Humane Society
event a huge public relations and
fund raising success. With $1,700
raised in ticket sales, Ms. Morton
said that the 24 February event
was the best funding raising ef-
fort as of present by the Humane
Society. In addition to the revenue
made by ticket sales, the Humane
Society also received 300 pounds
of dry pet food and 80 cans of both
cat and dog food in donations.
Tallahassee band Low Flying
Planes provided the Bow Wow Ball
with the evening's musical enter-
tainment. The group played in the
court area behind Harry A's on St.
George Island. Humane Society
President Jane Cox, who once
again donned the coveted King
Kat costume, thanked local ven-
dors for their gourmet donations
to the event's buffet table. Ms. Cox
dubbed the Bow Wow Ball a
"howling success" and expressed
her optimism for the continuing
success of the Humane Society.
"I am thrilled to the fuzzy tip of
my tail by all the support we've
received," said Cox.
The Franklin County Humane
Society extend their gratitude to
Bow Wow Ball supporters:
Apalachicola Bay Animal Clinic,
Stephen Gross, D.P.M., The
Gibson Inn, Century 21 Collins
Realty, Cook Insurance Agency,
Inc., Emerald Coast Hospital &
Marquis Home Health Care, Gulf
State Bank, Harry A's Porch Club,
Garlick Environmental Associa-
tion, Inc., Resort Realty of St.
George Island, Inc., Global Jet,
Artemis Gallery & Boutique/
Apalachicola Renaissance Group,
Inc. GHC, Inc., Chauncy Ford,
Sam's Place, Paradise Cafe, B.J.'s
Pizza & Subs, Gypsy River, Inc.,
ERA, Apalach Real Estate and Dot
Crozier.
., .. .
i, '


New Stamp
Commemorates
Florida Statehood


In Tallahassee on 3 March and on
St. George Island on 4 March
1995, post office officials and the
public celebrated the 150th an-
niversary of Florida's admission
to the United States with the is-
suance of a 32 cent commemora-
tive stamp. Designed by Laura
Smith of Hollywood, CA, the
stamp features an alligator.
The ceremony staged at the Capi-
tol, began with music by the
Mount Calvary Baptist Church
Trio (Traci Michelle Dixon, Melodi
Tereen Dixon and Kimberli
Lenette Dixon) from Pompano
Beach, Florida. Robert F. Harris,
Vice President, Diversity Develop-
ment of the U. S. Postal Service,
dedicated the stamp. He and Gov-
ernor Chiles unveiled the artwork
after the Governor's welcome re-
marks.
The U. S. postal service and phila-
telic groups also sold the stamp
and first day covers. At St. George
Island, Postmasters Judy
Stokowski and Catherine Hosford
sold special covers with the stamp
and the St. George Island Chili
Cookoff and Auction logos to the
fundraiser, the next day, 4 March
1995.
The contemporary concept of an
alligator is used on the stamp to
represent Florida's rich history,
its strength, its adaptability and
Its ability to survive. Florida be-
came the nation's 27th state on 3
March 1845, and was earlier
named by Ponce de Leon during
his explorations on the peninsula
in 1513 and 1521.
Some alligators were brought to
the Capitol rotunda as part of the
celebration.. Gatorland, Orlando,
Is celebrating a 46th Anniversary
this year and provided the alliga-
tors used in these photographs.


HCR Box 126
St. George Island, FL 32328-9703
Office: (904) 927-2821
Fax: (904) 927-2314


Property For Every


L~


. A









Pa e 8 10 March 1995 The Franklin Chronicle


Published twice monthly on the 10th and 26th


SECOND CIRCUIT

FELONY COURT



THE HONORABLE JUDGE P.
KEVIN DAVEY


ASSISTANT STATE ATTORNEY
FRANK WILLIAMS


PUBLIC DEFENDER KEVIN
STEIGER

6 MARCH, 1995

ARRAIGNMENTS
Bateman. Claudia: Charged with one count of Possession of a Controlled Sub-
stance, the defendant pled No Contest to possession of less than twenty grams
of cannabis. Judge Davey withheld adjudication and sentenced the defendant
to six months of county probation and fined her one hundred and five dollars.
The defendant was also ordered to pay one hundred and fifty dollars for the
services of her public defender. The defendant was represented by J. Gordon
Shuler.
Bryant, Billy Gene: Charged with one count of Uttering a Forged Check, the
defendant pled Not Guilty. The defendant assured Judge Davey that he was
not guilty of the charges against him and stated, "I'll take a lie detector test or
do anything to prove myself innocent." The public defender advised his client
to speak to him about the matter at a latter date in confidence. The defendant
was represented by Kevin. Steiger.
Cambell, Eric Leo: Charged with one count of Burglary of a Dwelling, the
defendant pled guilty to a lesser charge of Trespassing After Warning. Judge
Davey adjudicated the defendant guilty and sentenced him to six months of
county probation. Judge Davey also fined the defendant to pay one hundred
and five dollars and ordered him to pay fifty dollars for public defender ser-
vices. The defendant requested permission to visit his mother at the residence
In which he was charged with trespassing upon. The defendant stated that
his mother was not well and that it was another relative who did not want him
on the residence in question. Judge Davey said that the defendant's mother
would have to contact and request permission from the court, before the de-
fendant could enter the residence in question.
Course Bryce: Charged with two counts of Interference with Custody, the
defendant pled No Contest. Judge Davey withheld adjudication and sentenced
the defendant to four years of probation. Judge Davey also fined the defen-
dant two hundred and fifty-five dollars and ordered her to pay four hundred
and fifty dollars to the Franklin County Sheriffs Department. The Defendant,
who resides in Alabama. requested permission to visit her child in school,
while she was in Franklin County. Judge Davey told the defendant that she
needed to obtain the permission of the child's father and the school principal.
before he could permit her to visit her child. Judge Davey also ordered that
the defendant refrain from unsupervised visitation of her child.
Daniels. Adrian L. : Charged with two counts of Sale of Cocaine, two counts of
Resisting an Officer with Violence, two counts of Battery on a Law Enforce-
ment Officer, two counts of Corruption by Threat Against the Public and one
count of Possession of Cannabis, the defendant pled Not Guilty. Judge Davey
set Pre-Trial for 2 May.'
Holt. Terrance H. : Charged with one count of Burglary of a Structure, the
defendant pled Not Guilty. Judge Davey set a Pre-Trial for 3 April. Judge
DaVey placed the defendant on curfew until the date of continuance. The de-
fendant requested that the curfew be lifted, but Judge Davey refused to do so.
The'defendant was represented by Gordon Shuler.
Jackson, Clarence W: Charged with one count of Aggravated Battery with a
SFirearm and one count of Discharging a Firearm in Public, the defendant pled
No Contest. Judge Davey adjudicated the defendant Guilty and sentenced
him to one year of probation. "This could have turned into a real tragedy and
it was fortunate that no one was killed. It's still somewhat of a tragedy and I
understand that you were victimized in this incident." said Judge Davey. The
defendant had fired at three youths and shot one of them in the hand. The
defendant alleged that the youths were stealing gasoline from his truck. The
defendant was represented by Kevin Sceiger.



A..

a .,.
















Clarence W. Jackson

Kelley, Kris G. : Charged with one count of Burglary of a Structure, the defen-
dant pled Not Guilty. Judge Davey set Pre-Trial for 3 April.
Lock. Richard: Charged with one count of Aggravated Fleeing and Eluding.
the defendant pled No Contest. Judge Davey sentenced the defendant to four
years of probation and ordered that he pay restitution of $2.372 to the Fran-
klin County Sheriffs Department in compensation for the police vehicle that
he crashed into. as a result of a high speed chase. Judge Davey also ordered
as condition of probation that the defendant either gain employment within
thirty days of the sentence or attend school full time. The defendant, who is
seventeen and a resident of St. Lucie County, was tried as an adult. Assistant
State Prosecutor Frank Williams stated, "I know that I said I'd remain mute
for the sentencing, but...as a result of this wreck. It was just fortunate that no
one was injured." Public Defender Kevin Steiger responded. "That's the loud-
est mute I've ever heard." The defendant was represented by Kevin Steiger.
Orr, Gordon Keith: Charged with one count of Burglary of a Structure and one
count of Possession of Burglary Tools, the defendant pled Not Guilty. Judge
Davey set Pre-Trial for 3 April. The defendant was represented by Kevin Steiger.
Thompson, Jay L. : Charged with one count of Resisting an Officer with Vio-
lence, two counts of Aggravated Fleeing and Eluding, one count of Criminal
Mischief, one count of Improper Exhibition of a Dangerous Weapon and one
count of Discharging a Firearm in City Limits, the defendant pled Guilty to
one count of Aggravated Fleeing and Eluding and one count of Improper Exhi-
bition of a Dangerous Weapon. Judge Davey sentenced the defendant to two
years of probation and thirty days in the county jail with four days of jail
credit for time served. Judge Davey also fined the defendant two hundred and
fifty-five dollars and ordered him to pay two hundred and fifty dollars for
public defender services. "It's fortunate that no one was injured in this inci-
dent." said Judge Davey. "You watch these high speed chases on television
and no one gets hurt, but in real life someone often gets hurt quite seriously."
The defendant was represented by Kevin Steiger.


*Minr
SWorr
*Cigc
*Tack
SChu


Tucker. Catherine A. : Charged with seven counts of Uttering A Forged Check,
the defendant pled Not Guilty. Judge Davey continued the case for Pre-Trial
on 3 April. The defendant was represented by Attorney Edgar Lee Elzie, Jr.
Walden. Tanya R. : Charged with one count of Burglary of a Structure, the
defendant pled Not Guilty. Judge Davey continued the case for Pre-Trial 3
April. The defendant was represented by Attorney Sanders.
Wallace, Rufus Jr. : Charged with one count of Possession of Crack Cocaine,
one count of Possession of Cannabis and one count of Possession of Drug
Paraphernalia, the defendant pled Not Guilty. Judge Davey continued the
case for Pre-Trial on 2 May.
The defendant was represented by Attorney Barbara Sanders.
PRE-TRIALS
Baker, Alvin: Charged with one count of Sexual Act with a Child Under Six-
teen, Judge Davey continued the case for Trial on 20 April. Public Defender
Kevin Steiger stated that he needed a forensic hair test taken for the defen-
dant and requested additional time in the case to analyze the test results and
speak with the doctors about the test results.
Braswell, Frederick Bryan: Charged with one count of Burglary of a Convey-
ance and one count of Petit Theft (Burglary Petit Theft). Judge Davey contin-
ued the case for Trial on 20 March. The defendant was represented by Kevin
Steiger.
Burns. Calvin: Charged with one count of Sale of Cocaine. Judge Davey con-
tinued the case for Trial on 20 April. Public Defender Kevin Steiger had sched-
uled a motion for copies of evidence photographs, though Assistant State Pros-
ecutor Frank Williams offered to provide the evidence and forego the motion
hearing.
Cargill. George Frederick: Charged with one count of Sale of Cocaine. Judge
Davey continued the case for Trial on 20 March.
Coney. Alphonso Jerome: Charged with one count of Possession of Cocaine.
one count of Aggravated Fleeing to Elude Police and one count of Possession
of Less than twenty grams of Cannabis, the defendant pled No Contest. Judge
Davey adjudicated the defendant Guilty and sentenced him to six months in
the county jail with sixty-six days of jail credit for time served.,Judge Davey
also sentenced the defendant to two years of probation, fined him two hun-
dred and fifty dollars and ordered him to pay two hundred and fifty dollars for
public defender services.
Cummings, Steve: Charged with one count of Sexual Act With a Child Under
Sixteen, Judge Davey continued the case for Trial on 20 March. The defen-
dant was represented by Kevin Steiger.
Hines. Billy: Charged with one count of Aggravated Battery with a Firearm,
Judge Davey continued the case for Trial on 20 March. The defender was
represented by Kevin Steiger.
Jones. Johnny Lee: Charged with one count of Sale of Cocaine, Judge Davey
continued the case for Trial on 20 March. The defender was represented by
Kevin Steiger.
Langston. Sharold Adams Jr.: Charged with one count of Aggravated Battery.
Judge Davey continued the case for Trial on 20 March. The defendant was
represented by Kevin Steiger.
Lowery, George Andy: Charged with one count of Sale of Cocaine and one
count of Principle First Degree To Sale of Crack Cocaine, Judge Davey contin-
ued the case for Trial on 20 March. The defendant was represented by Kevin
Steiger.
Melton. Henry: Charged with two counts of Principal First Degree Sale of Crack
Cocaine, the defendant pled No Contest. Judge Davey sentenced the defen-
dant to four years in the county jail with one hundred and eighteen days of jail
credit for time served. Judge Davey also fined the defendant one hundred and
five dollars and ordered him to pay seventy-five dollars for public defender
services. The defendant received no probation. following his jail sentence. The
defendant was represented by Kevin Steiger.
Miller, Carolyn: Charged with one count of Third Degree Grand Theft, Judge
Davey continued the case for Trial on 20 March. The defendant was repre-
sented by Attorney Barbara Sanders.
Monroe. Curtis: Charged with one count of Third Degree Grand Theft, Judge
Davey continued the case for Trial on 20 March. The defendant was repre-
sented by Kevin Steiger.
Richardson. Jeremiah: Charged with one count of Aggravated Battery with a
Deadly Weapon. Judge Davey continued the case for Trial on 20 March. The
defendant was represented by Kevin Steiger.
Robinson, Roderick: Charged with two counts of Attempted Second Degree
Murder and one count of Armed Robbery with a Firearm. Judge Davey set the
case for trial on 2 March. Assistant State Prosecutor Frank Williams informed
the defendant that he would not offer another plea bargain if his present offer
was not accepted. "I will not accept any more phone calls and the state will
seek a life sentence for habitualization." said Williams. Judge Davey told the
defendant that he had the right to challenge the charges against him by trial,
but he emphasized to the defendant tlait he Woutld draw mor prison tirrie if
he lost his case. "This is like poker. Tihelonger you play, the odds get higher,"
Said Davey. The defendant responded, "I want to play poker."The: defendant
was represented by Attorney Gregory Cummings.
Sansom, John James: Charged with one count of First Degree Murder, one
count of Burglary of a Dwelling While Armed, one count of Armed Robbery
and one count of Possession of a Firearm by a Convicted Felon, Judge Davey
continued the case for trial for 20 March. The defendant was represented by
Kevin Steiger.
Wallace. Daniel: Charged with one count of Burglary of a Dwelling and one
count of Petit Theft. Judge Davey continued the case for 20 March. The defen-
dant was represented by Kevin Steiger.
Watson, William Curtis Jr. : Charged with one count of Burglary While Armed.
one count of Third Degree Grand Theft, one count of Grand Theft Auto and
one count of Dealing Stolen Property, the defendant pled No Contest to the
charges of Burglary While Armed and Third Degree Grand Theft. Judge Davey
adjudicated the defendant Guilty and sentenced him to six months in the
county jail with fifty-six day of jail credit for time served. Judge Davey also
sentenced the defendant to five years of probation, following the jail term. The
defendant was also ordered to pay $1,201 in restitution and to complete the
Natural Bridge Drug Treatment Program. The defendant was represented by
Attorney Gordon Shuler.
VIOLATIONS OF PROBATION
Ducker, Stanford L. : Charged with one count of Trafficking in Cocaine, the
defendant entered an admission of Violation of Probation. Judge Davey sen-
tenced the defendant to six months in the county jail with eighty-four days of
jail credit for time served. Judge Davey ordered the defendant to pay two
hundred and five dollars in restitution within twenty-four hours of release
from county jail and one hundred and fifty dollars within thirty days of the
defendants release for jail.
Kennedy, Derrick: Charged with Aggravated Assault, the defendant entered a
denial of violation of probation. Judge Davey continued the case for 3 April.
Lowery. Clarence: Charged with two counts of Dealing in Stolen Property, the
defendant entered a denial of violation of probation. Judge Davey continued
the case for 3 April.
Marks, Alvin Wade: Charged with one count of Battery, the defendant entered
an admission of violation of probation. Judge Davey sentenced the defendant
to six months of probation with forty-two days of jail credit for time served.
Judge Davey also ordered the defendant to pay five hundred dollars in restitu-
tion and reimposed previous probation conditions.


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Nichols, Clyde Nelson: Charged with Lewd and Lascivious Assault, the defen-
dant was scheduled for a violation of probation hearing. Public Defender Kevin
Steiger requested Attorney William Webster, Attorney Gregory Cummings and
Clyde Nichols, Sr. to speak on behalf of the defendant. Attorneys Webster and
Cummings both stated that they were acquainted with the defendant's family
and felt that the defendant was more misdirected than willfully criminal due
to a drug problem. Clyde Nichols, Sr. stated. "I think that he's learned his
lesson from all that he's been through." Public Defender Steiger encouraged
Judge Davey to place the defendant in the Natural Bridge Drug Program.
"Natural Bridge is ready for Mr. Nichols and Mr. Nichols is ready for the Na-
ture Bridge Program. To not allow Mr. Nichols the chance to attend this pro-
gram would be a waste of time for everyone," said Stelger. Assistant State
prosecutor Frank Williams objected and stated that the defendant had re-
ceived numerous probation opportunities and had failed to complete each
them successfully. "If this person wants drug treatment, he can get It in the
Department of Corrections. It's no doubt that this person is from a good fam-
ily and has friends of good character." Judge Davey felt that it would be unfair
to afford the defendant a fourth opportunity, when most people do not receive
a third chance. "It would be a perversion of the system to allow this man
another chance," said Davey. Judge Davey then sentenced the defendant to
six and one-half years in the Department of Corrections with six months and
fifteen days of jail credit for time served. Judge Davey also sentenced the
defendant to three years of probation, following his prison term.


Clyde Nelson Nichols
Parramore. Bernard Floyd: Charged with one count of Aggravated Assault
and one count of Battery. the defendant entered a denial of violation of proba-
tion. Judge Davey continued the case for a hearing on 2 May. The defendant
was represented by Kevin Steiger.
Sweet. Marshall: Charged with one count Aggravated Battery and one count
of escape, the defendant entered an admission of violation of probation. Judge
Davey adjudicated the defendant guilty and sentenced him to twenty-five
months in the Department of Corrections with fifty-two days of prison credit
for time served. The defendant was represented by Kevin Steiger.
Townsend. Rufus E. Jr. : Charged with one count of Aggravated Assault, the
defendant entered a denial of violation of probation. Judge Davey continued
the case for a hearing on 3 April.
Yarrell, Rico: Charged with one count Shooting into an Occupied Vehicle and
one count of Aggravated Assault, the defendant entered an admission to viola-
tion of probation. Judge Davey adjudicated the defendant guilty and sen-
tenced him to three years in the county jail with one hundred with sixty-four
days of jail credit for time served.
HEARINGS
Amerson, Jack: Charged with one count of Burglary of a Structure and one
count of Grand Theft, the defendant pled Not Guilty. Public Defender Kevin
Steiger requested a reduction in bond and Judge Davey agreed to lower the
defendants bond from $25,000 to $2,500. Judge Davey continued the case for
2 May.
Creamer. Phillip S. : Charged with one count Burglary of a Structure, the
defendant pled No Contest. Judge Davey adjudicated the defendant guilty and
sentenced him to ninety days in the county jail with forty days ofjail credit for
time served. Judge Davey also sentenced the defendant to three years of pro-
bation and gave him a five year suspended jail term. The defendant will also
have to pay one hundred and five dollars in fines and two hundred and fifty
dollars for public defender services. Judge Davey also said he decide a restitu-
tion amount for defendant to pay within forty-five days. The defendant was
represented by Kevin Steiger.
Continued on page 9


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on the 1877 Gulf Coast Schooner

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The South's Oldest operational sailing vessel
and a National Historic Landmark

Daily two-hour sails available
out of Apalachicola
Call for reservations
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alir~~ LrinciuripnuE


R ssocaton










DsihlchpA twirp mranthl'ri' a ti h10th and '26th


r UDIIIIU L tWILL IIIIJIILIIJ Oll LIM ALU .I UIIU Z.ULI


The Franklin Chronicle 10 March 1995 Page 9


Garden Club

Fashion Show
By Rene Topping
The Franklin County Senior cen-
ter will be the scene of the March
25 Yaupon Garden Club fashion
Show. This year's event will have
the theme "Fashions and More,"
according to Jo Woods, who Is co-
chairing the event with Helen
Schmldt.
The "More" will be those things
that make dressing-up an adven-
ture and make the simplest gown
into a masterpiece. There will be
many an inventive Idea to be cop-
led from the attire of the models.
As always local women and men
will model the attire generously
loaned for the day from the racks
of the Camouflage Shop In
Apalachicola; Two Gulls with
shops in Carrabelle, Apalachicola
and St. George Island; and Island
Cottons and More in Carrabelle.
Jo Woods advises those who want
to attend the affair to purchase
tickets as soon as possible as no
tickets will be sold at the door. You
can get a ticket from any Garden
Club member or by calling Mary
McSweeney at 697-3604.


Bomb Threat

Unfounded
Friday, 3 March an unknown per-
son called in a bomb threat to
Emerald Coast Hospital. The
Apalachicola Police Department
were immediately called. The de-
cision was made to temporarily
evacuate the hospital while police
officials searched for the alleged
bomb. The evacuation was ac-
complished through teamwork
with the Police Department, Fran-
klin Co. Sheriffs Department,
Apalachicola Fire Department,
Apalachicola Health Care Center,
and Crooms Transportation.
Many off duty employees also re-
turned to assist and to provide
comfort before, during, and after
the evacuation.
After it was determined that a
bomb was not In the building,
patients were returned to their
rooms. Despite the fear and anxi-
ety that the hoax caused, Admin-
istrator Kenneth Dykes believes
one positive thing came out of the
evacuation: "It is extremely en-
couraging," said Dykes, "To expe-
rience this community united in
a common worthwhile endeavor."
He also thanked everyone who
helped in the time of need both in
the community and on the ECH
staff.


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Plantation Board of Directors

Meeting Sets New Records in

Acrimony and Argument


Publisher's Note: While this report is long, we think portions
of the transcript from the 4 February meeting of the Board of
Directors at the Plantation Association are revealing and im-
portant, due to the issues before the Board. While this is a
private association on St. George Island, this is also one of
several thousand such associations across the United States
that serve nearly one-third of the U .S. population. The
Homeowner's Association of St. George Island is a major em-
ployer in the County, and its budget has the requisite "multi-
plier effect" in Franklin County. Often, news of such entities
is dismissed as irrelevant to county-wide concerns and needs.
The economic and political influence of such associations in
the County is spreading and that is not necessarily a bad thing.
Despite the detailed scope of even these excerpted minutes,
there are revealed positions of role players, discussions of ob-
vious and latent issues, speculations of all sorts, and, of course,
the passions that congeal around the issue being debated. Very
little of this is systematically conveyed in the local press, and
certainly not in the "house organ" of the Association called
"Soundings." Even the minutes do not reveal the informative
detail that may be helpful to the membership at large, and to
others who deal wirth Plantation life, such as building con-
tractors and real estate agencies.

From the initial calling to order of the Board of Directors in the Plan-
tation, St. George Island, on Saturday, 4 February 1995, there were
complaints. Item: Who sets the agenda and how can additional items
from other Board members be put on the agenda?
Agenda
John Gelch: Before we start, let me jump in here real quick. This agenda
thing. Lets get it clear how we get items on the agenda, I submitted stuff to
Wayne... It was a draft agenda. I know others have submitted stuff.:.
Lou Vargas: Excuse me John...
John Gelch: Don't excuse you, no, I won't excuse you, tell me how we get
things on the agenda.
Lou Vargas: You submit them to Wayne and if they are submitted in a timely
fashion they are considered and like has been done since the beginning of
time the president sets the agenda. Lets proceed with the agenda and if you
want after we can vote on any additional items.
John Gelch: There is nothing anywhere that states the president sets the
agenda, There is nothing anywhere that says the president sets the agenda. I
looked and looked and looked and I talked to Wayne about... we talked to
Wayne three or four times about this agenda thing, These are items that I
submitted that I feel are relevant to this Plantation, and I think that they
ought to be discussed and ought to be put on the agenda and let"s give us the
opportunity to discuss them.
Shirley Adams: We can't talk about past process either because in the past...

Felony Court
Continued from page 8
Green, Ernest: Charged with two counts of Sale of Cocaine, the defendant
entered a motion for release. Public Defender Kevin Steiger stated that the
defendant had a kidney infection and requested release for treatment of the
ailment. Mr. Steiger said that the county would have to pay for the treatment.
otherwise. Steiger also noted that the defendant had reported to all previous
court appointments and was not a risk to fly from justice. Assistant State
Prosecutor said that he did not fear that the defendant would miss his court.
but felt that he might engage in more criminal activities. Judge Davey stated,
"I'm empathetic to the county's financial situation, but it will be a sad day in
this county and this country when a person's financial burden due to medical
expenses outweighs the public's safety." Judge Davey denied the defendant's
motion for release.
Hudson. Thomas Randall: Charged with one count of Possession of a Firearm
by a convicted felon, the defendant requested release to care for his father.
Public Defender Kevin Steiger stated that the defendant 's father had no other
family member to provide care. Steiger said that his client did not have a
violent prior record and was, therefore, not a risk to the public. Assistant
State Prosecutor Frank Williams stated, "I've dealt with this defendant since
I've been here. He's been committing crimes in this county since 1978. He's
an extreme risk to the community. I fcl that his $15,000 bond is actually too
low. The people of this community need relief from this individual." Judge
Davey said that the defendant'se bond was neither too low or too high and
proceeded to deny the motion for release. The defendant questioned, "What
about my father?" Judge Davey replied, "I can't run this court on sympathy. I
feel bad that this has to be. I feel bad for every person I have to sentence to the
Department of Corrections."
Sanders, Antonio Anthony: Charged with one count of Sale of Cocaine, the
defendant pled No Contest. Judge Davey adjudicated the defendant guilty and
sentenced him to four months in the county jail with thirty-six days of jail
credit for time served. Judge Davey also fined the defendant two hundred and
fifty-five dollars and ordered him to pay three hundred and fifty dollars for
public defender's services. The defendant was also sentenced to twenty-two
months on Community Control Program.
Saunders. Thomas Frederick: Charged with one: count of Grand Theft, the
defendant pled Not Guilty. Public Defender Steiger requested a motion to re-
lease and stated that the defendant had been a pillar of the community and a
previous county commissioner. Judge Davey responded, "Is that an endorse-
ment?" Assistant State Prosecutor Frank Williams questioned whether the
defendant would engage in drug use upon release. Public Defender Steiger
stated that the defendant was not charged with using drugs, nor were drugs
found in his possession. Judge Davey stated, "I wasn't born yesterday. People
just don't steal from their own family. When they do, you can usually count
on drug use as the reason why. When people steal from their own, they've
usually reached the end of their line." Judge Davey pointed out that the
defendant's bond was just $2.500. He said that if the defendant's family had
wanted to pay Mr. Saunder's bond, the bond would have already been paid.
Davey reasoned that the defendant's family wanted to keep Mr. Saunders in
custody for his own good. Mr. Steiger argued that the defendant was indigent
and could not post bond. Judge Davey denied a motion for release. Judge
Davey set the case for trial on 2 May.
Townsend, Rufus E. Jr. : Charged with one count of Carrying a Concealed
Firearm, one count of Possession of a Firearm by a Convicted Felon and one
count of Driving While Under a Suspended License, the defendant requested
a motion for release. Assistant State Prosecutor stated, "No bond is appropri-
ate here. This is a second violation (of probation)." Judge Davey concurred, "It
wouldn't be far to the two thousand others I didn't release on bond for a
violation of probation." Judge Davey denied the motion to release.
Yarrell, Leroy Jr. : Charged with one count of Resisting an Officer with Vio-
lence, the defendant requested a motion for release. Public Defender Kevin
Steiger pointed out that the defendant had no prior record. Judge Davey re-
duced the defendant's bond from $25,000 to $2,500. Judge Davey ordered
the defendant, if bond was posted, to reside at his aunt's residence, Ms. Patricia
Woods, and to obey a 6 a.m. to 6 p.m. curfew. Judge Davey set the case for
trial on 20 March.


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I


Lou Vargas: The next item is the Davis-Baldino request to reconfigure their
assessment. A legal opinion was provided to Board members and I will open
this up for discussion right now.
Bill Hartley: I would like to say that was one of the best legal opinions I have
seen written in a while. I think it made it very clear and there is no question in
my mind that we should do what they ask us to do. I think it is in holding with
what we would like to have is lesser density.
Lou Vargas: There's two issues.
Jim Bachrach: I agree with that.
Pamela Amato: Was there also a covenants from both parties with the Plan-
tation.
Lou Vargas: There was a recommendation in the opinion that they sign a deed
restriction.
Pamela Amato: Right, for both parties though. Baldino and Davis.
Wayne Gleasman: What we saw was a sample of the exact same verbiage one
from each party.
Pamela Amato: OK.
Lou Vargas: Mr. Gelch. did you want t o talk on this issue.

To be continued in the next issue


_ L II --


SAUNDES CHIRPRACTI


Lou Vargas: Excuse me...
Shirley Adams: processes either, because in the past we were able to call and
get on the agenda with anything.
Pamela Amato: Always.
Lou Vargas: OK, If I can I would like to say something. I was not pleased with
the way the last meeting was conducted, I think It was very uncoordinated.
There were people shouting, we couldn't get as much as I would have liked
accomplished. OK, I don't expect members of the audience during the course
of the meeting... when it appropriate for the members to talk they will talk. I
don't expect members, board members, to be arguing with each other. Some-
body has a motion...after I was done making the introduction we could have
made a motion, we could have voted on it and if it passes we would consider
something.if it doesn't we move on to the agenda. Now. I would like to conduct
this is an orderly manner. If we can't I am going ask someone to make a
motion to adjourn and the meeting will be over.
Tom Adams: Lou. Lou...
Lou Vargas: Not now, Tom, I would like to move on with the agenda.
Tom Adams: This is a simple request...
Lou Vargas: Excuse me Tom, I would like to move on with the agenda. There
has to be order, there has to be a procedure here, If we can't have a procedure
then we're not going to have a meeting. Jim do you want to make a motion,
please, I'm serious. Make the motion.
Tommy Day: Lou, why don't you Just leave and let somebody else conduct
the meeting?
Jim Bachrach: Why don't we try and deal with this like a board and see if we
can get through some of the agenda items, I think John. the stuff that you
want you submitted, why don't we just discuss whether we want to include
that In the agenda and make a decision, vote on it. I don't have a problem with
doing that but I guarantee you that I will make a motion to adjourn the meet-
ing if it goes on like this another five or six minutes... I challenge all of you to
see if we can do it today. I dare you to try. I challenge you today and conduct
it as professionals. And I would like to consider some of the things that John...
I have not actually gone through those items but lets consider them and make
a decision whether we want to include them on the agenda...What if we have
an agenda that will take a week and a half to get through.
Bill Hartley: That' s what we are here for.
John Gelch: We discussed that at the beginning of the meeting. You can go
through there and each board member can say that I would prefer that this
not be on the agenda and we can vote on. We have seven people here to make
those decisions but we need to be a hearing board for all these and then we
can make decisions regarding but this business of being screened before it
ever gets here... I've had enough of that. This is not the purpose of this board
to let this one person here to decide what goes on the agenda and does not go
on the agenda.
Lou Vargas: I resent you saying "let this one person" and pointing to Wayne.
Wayne doesn't determine what is on the agenda. Wayne calls me up and we
discuss what is on the agenda. I make the decision as to what's on the agenda...
I just want to make it clear, publicly, that if you have any complaints direct
them to me, not to Wayne. Wayne is not here to be abused. I would also like to
point out that the president has always set the agenda, that's been the past
practice. I think it is a good practice. I think if you submit your request in a
timely fashion the president should be able to determine what he wants to put
a particular agenda, That' s not to say ....
Tommy Day: I have been to more Board meeting that anybody in this room
and what you said is not true.
Lou Vargas: This is a discussion among the board now. It is not appropriate
for the members to shout. We need to conduct this in a orderly manner.
Tommy Day: That is not in accordance with past practice.
Jim Bachrach: What I'm going to do is make a motion to adjourn if we can't
just talk as a board. If this keeps happening we are not going to get anywhere.
Let's just talk as a board...
Airport
John Gelch: Basically when this was submitted to us to determine landing
fees originally I said that I would meet with people to discuss what fee and
how we go about proposing fees for, approving fees for the airport. I met with
Wayne. Don Thompson, Bob was there and we had a couple of individuals on
the phone who are residents and have airplanes and I had contact with, one
way or another with three of the other residents who have, are using airport
.and have their planes and so on. But, and I got a lot of that recorded but
basically what I ran into and it appears to me that we have two agreements
that at this point had more to say about what we do with that airport then
what we have to say. In other words the Andrew Jackson panel with mainte-
nance and security specifically addresses or is supposed to address any type
of fees, that are assessed, there are other factors that are addressed with the
airport. Now it was mentioned while the reverter clause which we now have
purchased, if you will, which said that in the event that the airport ceases to
operate as an airport or is sold, or attempted to be sold would revert back to
the original owners, meaning Andrew Jackson. But that is no longer in exist-
ence. However, an interpretation from Barbara Sanders said that the lan-
guage that pertains to the operation to the airport is still in the Andrew Jack-
son agreement. Now what is also somewhat confusing, if you will, is that the
Ben Johnson agreement, we are not going to discuss that, but in that agree-
ment, the agreement itself, but in the agreement there is also some language
that there should be a committee made of the Plantation Association and a
representative from Ben Johnson plus a third party to be named. So basically
what I think we should is revert this back to Dick Plessinger who is a member
of that panel, that maintenance and security panel of Andrew Jackson he
would then meet with George Mahr and whatever process or procedure they
use then go from there. Then the next step would be the Ben Johnson agree-
ment to go to that point. Now there is no place that says we can't, in fact there
is an encouragement to charge fees, there is an encouragement that the air-
port should be selfsufficient... So I don't' think we are off-base by considering
fees but, of course, there is a difference of opinion as to how much the fees
should be, who should pay the fees and so forth. Lastly, I think that is some-
thing here that we should consider that there is a repair and maintenance to
that, the airport, in the five-year plan as monies foe extensive repair on the
runway within five year, so we are looking at thousands of dollars...
Bill Hartley: Hundreds of thousands.
John Gelch: Well, hundreds of thousands of dollars and the income from
that.. you've got to play with numbers but can't play with number too much
till you get this resolved as to just how.. what kind of fees can we charge.
Another interesting point is that Apalachicola airport has all of these services.
They have fuel, maintenance, lighted field and they charge no landing fees
they even give a loaner car...[we]ought to have three tie-downs, so if we im-
prove our airport to have more income we are going to do a little work...
We are going to have to get more tie-downs more spaces there is a potential of
twelve. We need to move the shed and so on...[Wel have to put money in to
make money type of thing. Lastly, which is what I think that the Board should
be very concerned about is that there is a current practice existing that allows
people to come to the gate say they want to look airport for consideration to
using it for landing... Now of course they are advised that that is all that's all
they can [dol but in talking to Bob, unless they just ride with them it is hard
to keep them from going to the end of the Cut and whatever. And if I under-
stand this we had about 200 of those that happened last year... In other words
it is a public airport but is an entrance through our gate. We are allowing
people to go to the airport and yet when they go fishing we charge them and
etc. So, what I want to end up with on my report is I think this airport policy
consideration should be turned over to, as I mentioned, to Dick Plessinger, or
turned over to the Andrew Jackson panel from that point it comes to us and
them. I think it should be turned over to the committee that Ben Johnson-sits
on.
Jim Bachrach: Dick Plessinger and the Andrew Jackson panel, what Is that?
Who are they?
John Gelch: It is a maintenance and security panel and. if you read that
Andrew Jackson agreement...
Jim Bachrahh: I know it is in the Andrew Jackson agreement but who has
put this together. I didn't know that was in effect.
John Gelch: I understand that Dick Plessinger has been appointed in years
Jim Bachrach: John, no, it's not...
Jim Bachrach: No. you're wrong.
Dick Plessinger: It was during the time that Jim Bachrach was on the Board
it was approved. He was in that meeting. And, you know I'm at your pleasure
if you want me to. If you don't want me to, fine, I realize you have a lot of time
to spend down here.
Jim Bachrach: Thank you. I appreciate your support.
Dick Plessinger: But I am more than willing to assist if I can.
Wayne Gleasman: Plessinger was appointed as the designee to the Security
Committee. The Security Committee has not been activated. This was the only
committee to have a designee.
Jim Bachrach: So we do officially have..
Wayne Gleasman: We has been appointed. It is not active because what has
to happen according to the AJ agreement Security Committee... It is not a
Security and Maintenance committee it's a Security committee...
Bill Hartley:...Is there any way we can get complete control of the airport
where the Plantation runs the airport.
Barbara Sanders: I think we do.
Wayne Gleasman: Well, I think he is talking about the ability to operate
without being contractually obligated to any outside parties to operate the
airport.
Barbara Sanders: Oh.
Bill Hartley: I have a big problem with $150,000 to resurface the runway.
Maybe we should make it a grass strip.
Wayne Gleasman: My opinion is that it would require the mutual consent of
these contractual parties from both the AJ and Resort Village agreements...I
might suggest that you direct Barbara to research the relationship between
committees or authority established in the AJ agreement versus the specific
committee provisions under the Ben Johnson agreement and see if there' s
conflict and that will also...
Davis-Baldino Assessments










Published twice monthly on the 10th and 26th


Page 10 10 March 1995 The Franklin Chronicle


County Files Exceptions
Continued from page 1
Finding of fact 10 is misleading in that it does not disclose that all Plantation
:Commercial areas except the subject property is being developed as single-
family residential, and all amendments allowing multi-family use in the Plan-
tation are no longer in effect.
In finding of fact 12, it is recited that Petitioners were not placed on notice
from Franklin County officials that they would not be able to develop the
Resort Village proposal. This is true. However, in fact they would be allowed
:by Franklin County to develop Resort Village according to the 1977 DRI. The
County never indicated to Petitioners that the County would consent to multi-
family use. or that any particular density or intensity of use was approved.
The purpose of the December, 1993 hearing was to determine whether multi-
-family use would be consented to, and what densities would be allowed. The
fact that the outcome of the hearing was not predicted does not create an
estoppel.
Finding of fact 32 is incomplete and misleading, as the proposed development
will be of regional impact unless concerns addressed by the Department of
Community Affairs and incorporated in a final draft of a proposed order nego-
tiated by Petitioner with the Department are adopted...
Exceptions to Conclusions of Law
The conclusions of law in the Recommended Order contain errors set forth
below. They are not binding on the Commission, which is free to reject them.
Respondent Franklin County does not disagree with conclusions of law 34
through 41. Respondent has never contended that any part of the 1977 DRI
Development Order is limited or changed by Chapter 163 consistency and
concurrency requirements. However, since no densities of use are specified in
the DO, none can be vested.
As to conclusion of law 42, Respondent would point out that, to the extent it
holds that the 1977 DO operated to freeze the lands in it to the 1977 zoning
and comprehensive plan, it is in error. If the 1977 DO had provided specific
densities, these could have been protected... Since no densities were speci-
fied, none can be vested. Respondent has not contended that Petitioners are
Snot statutorily vested to develop their property under the 1977 development
order. Respondent does contest that Petitioner is statutorily vested with den-
sities provided in the 1977 zoning and comprehensive plan. Paragraph (vi) of
'the 1977 DRI order requires the Respondent to review site plans to assure
that the planned development does not cause environmental damage or pol-
lute Apalachicola Bay. This is inconsistent with vesting of any particular den-
sity.
Respondent agrees with conclusion of law 43.
As to conclusion of law 44, it is inconsistent with finding of fact 13, and with
the record. Finding of fact 13 states that Petitioner expended in excess of
$500,000.00 in preparation for development of Resort Village. The conclusion
of law that Petitioners spent that sum for development pursuant to the 1977
DO is erroneous because Petitioners seek to amend the 1977 DO. primarily to
obtain approval of multi-family housing. The sufficiency of the sum would be
'relevant if Petitioner was appealing a case in which Petitioner was only seek-
ing what the existing DO permitted. Whatever Petitioner expends in hope of
obtaining an amendment for a use not permitted, or to get a consent not
given, is not relevant. The facts in the cited cases are not found in this matter.
However, conclusion of law 45 correctly states that the 1977 DO does not
establish densities or intensities of use. The cases cited in conclusion of law
45 are all very different factually from the instant case...
In all these cases, the municipality was attempting to change something it
'had already done. In the instant case. Franklin County is not changing any-
thing or taking anything from the developer. It is the developer, not the county,
Which seeks to force a change.
Conclusion of Law 46 is erroneous. The elements of common law vesting have
not been shown. There is no action or omission of the county upon which
Petitioner relied or could have relied, which would have vested any right to
multi-family or condominium use. Vesting of commercial use is not an issue
and commercial uses would be allowed by Respondent. However, the county
can apply zoning and land use plans to the property as it existed when Peti-
tioner bought the property, or when the spending on plans occurred, not as of
.1977. The 1977 DO provides for the county to review site plans to assure that
pollution to Apalachicola Bay or other environmental damage will not occur.
Conclusion of law 47 again misses the mark on "Exhibit D" to the 1977 DO. in
that the exhibit does not reflect very high densities and intensities of use. The
densities calculated by Petitioners are sheer speculation and do not take into
account the Respondent's duty under the order to assure that no damage to
the environment or pollution to Apalachicola Bay will occur. The figures are
simply a calculation of maximums permitted under 1977 zoning which has
been repealed.
Conclusion of law 48 is erroneous in that it ignores the fact that zoning and
land use plans of Respondent also apply to the property. There can be no
vesting of unspecified densities and inte.lsities of use.
Conclusion of law 49 states that allowing multi-family uses will result in less
impact than a purely commercial development. This is irrelevant and specula-
tive. being based solely on waste water treatment calculations and the as-
sumption of maximum utilization of allowed commercial development.
Conclusion of law 50 is in error in that it assumes that Petitioner has a vested
right to compel a change in county policy; to wit: forcing consent to multi-
family development in the vicinity of the most environmentally sensitive part
of Apalachicola Bay. It is Respondent's position that finding a vested right to
this change is inconsistent with the 1977 DO.
As to conclusion of law 51, the Respondent would not agree that the inclusion
of multi-family uses necessarily reduces impact of the project. To the extent
that this speeds up buildup of the development, it would certainly increase
impact. If the demand for 72 acres of purely commercial uses does not exist.
Petitioner may develop part of the property as single-family use, thereby re-
ducing the impact of the project. The change of use to multi-family alone
would be a substantial deviation from the 1977 DO...
Conclusion of law 52 misses the mark entirely. Consent is by definition a
willing agreement free from duress. The cases cited for attaching a reason-
ableness standard to Respondent's consent are not persuasive....Certainly it
is reasonable to protect Apalachicola Bay by withholding consent to multi-
family development of bayfront property in a DRI area.
The nature of a D.R.I. Order such as the 1977 DO is that it is an embodiment
of a process (beginning formally with an application and ending with an or-
der), which grants certain rights to develop and places certain restrictions on
development. This process will be subverted if either the rights or the restric-
tions are removed. Here, Petitioner seeks to remove restrictions which were
enacted in the 1977 DO. Respondent is not seeking to take away any rights of
Petitioners, but is the proper party to interpret its orders and ordinances.
Respondent has properly done so and should be upheld.
The plain intent of the 1977 DO is that the Respondent could consent to
multi-family use in the area, or withhold its consent. Respondent properly
withheld its consent in this environmentally sensitive area. There is no prece-
dent for the hearing officer's conclusion that Respondent should "justify" de-
nial of multi-family use, and the 1977 DO does-not so provide.
In conclusion of law 53. the recital that the proposed development is consis-
tent with the Respondent's comprehensive plan is without basis in fact. The
comprehensive plan and county zoning allow only for single-family use of the
subject property. What was approved for Bob Sikes Cut. Sunset Beach and
other less environmentally sensitive areas is irrelevant. In fact, the old multi-
family approval for Bob Sikes Cut expired and the area is now developing with
only single-family.uses permitted.
As to conclusion of law 54, while Petitioner had testimony that its proposal
would be less intense than purely commercial development, this is true only if
maximum commercial buildout is assumed. There is no assurance that maxi-
mum buildout will occur, (that demand for this is adequate), or that some of
the property will not be developed like the rest of area, as low density single
family residences.
Conclusion of law 55 is a total re-write of the 1977 DO. which provides that
rezoning of the property would occur when plans for a permitted use are ap-
proved. The 1977 DO does not refer to granting of a "special exceptions" in the
Plantation Commercial areas, nor are "special exceptions" favored within a
DRI.
Conclusion of law 56 errs in speculating that the 1977 DO contemplated treat-
ing a request to include multi-family use as a special exception. The property
has at all times been zoned single-family residential, and as provided in the
1977 DO. a rezoning must occur before another use is permitted. Multi-family
use has never been permitted as a special exception in a Franklin single-
family residential area. or in the DRI area.
Conclusion of law 57 is a acceptable description of a special exception. How-
ever. it does not apply to Petitioners' property, as neither the 1977 zoning nor
current zoning allows a special exception for multi-family use in a single-
family zone.


Conclusion of law 58 does not apply to Petitioner's property for the reasons
set forth in the discussions of conclusions of law 55, 56 and 57. It is unneces-
sary for Respondent to prove anything to deny multi-family use as a special
exception in a single-family zone.
All conclusions as to special exceptions are moot, however, as Petitioner ap-
plied for an amendment to the 1977 Development Order and has never ap-
plied for a special exception.
Conclusion of law 59 ignores section (vi), page 5 of the 1977 DO. which states
unequivocally that "sewage treatment and drainage control shall be a major
factor in the final approval of plans for commercial areas". Plans shall be
presented in sufficient detail to assure The Board that "pollution of Apalachicola
Bay or other environmental damage" will not be caused by the development.
To the extent that conclusion of law 59 states that Respondent has no respon-
sibility or discretion to deny "any development rights based on matters re-
garding storm water or waste-water treatment", it is egregious and serious
error. By the terms of paragraph (vi) of the 1977 DO. Respondent has the
responsibility (and therefore the power) to express environmental concerns.
Respondent has two other observations on conclusion of law 59:
.1. Wastewater and stormwater control has not been preempted to DEP. Sec-


tion 125.01 (i) and (k). Florida Statutes, specifies a county role in these areas.
2. Wastewater and stormwater concerns of Respondent are different from that
of DEP. If we assume that DEP will perform its role flawlessly. Respondent
still has a role by general law and by the 1977 DO...
As statements of law. conclusions 60. 61, 62 and 63 are not contested. How-
ever, they do not apply here for two reasons:
1. The area in question is subject to DRI Order. which defines the role of
Respondent, and no specific ordinance is needed to raise environmental con-
cerns.
2. A DRI Order can be and customarily is. self executing and need not be
duplicated by an ordinance to be enforceable.
Conclusion of law 64 is in error. The 1977 DO, standing on its own, is suffi-
cient to justify denial of a site plan approval based upon the concerns identi-
fied in it and by its terms (Section 380.06(17), Florida Statutes). In fact, an
ordinance which contradicted the 1977 DO would be invalid as to the subject
property.


The County appeal to the Resort Village Recommended
order will be continued in the next issue.
Publisher's Note
In the last issue, 26 February 1995, the Chronicle pub-
llUshed excerpts from the administrative opinion which rec- i
ommended overturning the County' decision In the Re-
sort Village matter. In January 1994 Frnklln County de-
nied Dr. Ben Johnson's Resort Village from building multi-
family structures in his proposed development in the
middle of the St. George Plantation development Johnson
has appealed the County's January 1994 decision. and the
matter was heard by an administrative Judge, whose deci-
sion was tendered to the Florida Land and Water and
Adjudicatory Commission(Governor and Cabinet) In Janu-
ary 1995. Now, Franklin County has Bled exceptions to ,
the findings of fact and law as the review proceaa contin-
ues. The case is likely to be heard before the Governor and
Cabinet in April 1995. under the present gait of the appeal
and review process.

Resort Village Appeal from page 3
22. There is considerable testimony regarding the importance of Nick's Hole to
the Apalachicola Bay ecosystem. The Petitioners' property does not actually
border Nick's Hole, but is in close proximity to it. The relative location of
Nick's Hole and the Petitioners' property is depicted on Exhibit 9 in evidence.
Unrefuted testimony by the Petitioners' expert witnesses. Gary Volenec and
Steve Leitman, established, through their ground water study, that none of
the waste water from the Resort Village development would migrate to Nick's
Hole or to the marshes adjacent to it. Twenty percent of the ground water, at
most, might eventually migrate toward the marsh and the Pelican Point Bay
area, east of the airport and north of the Petitioners' property, with at least
80-90% of the treated waste water migrating toward the Gulf, in accordance
with the ground water gradient in the area of the Petitioners' property. These
studies did not require a specific site plan in order to be conducted accu-
rately. Rather, they depend solely on the location of the absorption fields, as
proposed, and the flow of the ground water, as revealed by the ground water
study.
23. It must be remembered that DEP, through its permitting process, has
ultimate control over the specific location of the absorption fields, their con-
figuration, construction, and manner of use and operation, as is true of the
waste water plant itself...If problems arise, constituting adverse effect or the
potential thereof on the ground water or surrounding surface waters, which
cannot be immediately remedied, the DEP has the authority to shut the plant
down.
24. The volume of water flowing from the Apalachicola River
into the Bay is approximately a minimum of 16 billion gallons per day. The
average daily rainfall on Pelican Point Bay and the surrounding wetlands is
296.000 gallons, if apportioned on a dai!l basis. The amount of water flowing
in and out of the Pelican Point Bay/Nick s Hole area with each tidal exchange
is approximately 72 million gallons. Ifitbe assumed that the maximum amount
of treated waste water, which would be 120000 gallons per day if develop-
ment were effected without the proposed multi-family amendment (which would
reduce that maximum amount to 90.000 gallons per day) and the maximum
percentage of migration to Apalachicola Bay (20%) occurred, the maximum
amount of water eventually getting into Apalachicola Bay after treatment would
be 24,000 gallons per day. However, if the multi-family amendment were
adopted and the Petitioners' proposed development proceeded accordingly,
the maximum volume of water generated from Resort Village would be re-
duced to 18,000 gallons per day (90,000 GPD x 20% = 18.000).
25. The Intervenor [Dr. Tom Adamsi expressed much concern that the
sewagetreatment plant would be located in a flood-prone area. This is not
relevant concerning the addition of multi-family development to the permitted
development on the property since, even if no amendment were sought and
development proceeded as presently allowed under the 1977 DO, as amended,
a waste water treatment plant treating as much as 120,000 gallons per day
would be necessary. In any event, however, the Petitioners would be required
to address such flooding concerns as part of the permitting process regarding
waste water and storm water permits sought from the DEP at the appropriate
time. Further, the critical components of the plant, including absorption cells.
are required by the DEP to be w ell-elevated so that they can withstand the
most severe storm events.
26. The Petitioners' expert witness. Ridall Armstrong. testified as to how
Resort Village's storm water plan wofld'be designated and permitted. Since
the Petitioners' property is on Apalachicola Bay, a Class II designated water,
as well as an outstanding Florida water, the DEP has specific storm water
requirements which have to be met before a permit can be issued. Although
the detail or design for the storm water system is dependent on formal site
plans, it is represented by the Petitioners that all storm waters will be cap-
tured, allowed to percolate into the ground, and that no storm water will be
accumulated and discharged into the waters of the Bay or the Gulf. Ultimate
approval of the amendment by Final Order in this proceeding should be con-
ditioned on a binding agreement between the parties concerned to that effect.
However, for areas that will remain In their natural state, even after develop-
ment on the property, the flow pattern's for storm water will not change.
27. The Respondent and the Intervenor are also concerned that storm water,
under certain conditions, might flow from the Petitioners' property across the
airport and into the marshes adjacent to Nick's Hole, even in the present,
undeveloped condition. If that, in fact, occurs, the development of Resort Vil-
lage will not alter that, for areas which remain in their natural state. If devel-
opment occurs near or adjacent to the airport, any storm water will be cap-
tured and treated accordingly under the Petitioners' voluntary proposal, in
any event.
28. According to testimony in the record, DEP, in both its waste water and
storm water permitting and regulatory processes, is keenly aware and sensi-
tive to the location of the Petitioners property and the importance of activity
on that property to the health of Apalachicola Bay. The Petitioners' will not be
able to get a building permit to develop the property until the Petitioners have
both the waste water and storm water permits. The granting of either of those
permits will require extensive scientific investigation and demonstration of
reasonable assurances that the various environmental concerns, in terms of
water quality, the public interest and cumulative impacts of such projects, as
provided in the pertinent provisions of Chapter 403. Florida Statutes, and
attendant rules, will not be adversely affected. In any event, the addition of
multi-family-type development will have no adverse effect on the issues con-
cerning sewage and waste water treatment and will actually result in a reduc-
tion in the conceivable, maximum daily flows versus the development, in the
commercial sense, already permitted under the 1977 DO, as amended.
Flooding Issues
29. The Respondent and the Intervenor also expressed concerns about poten-
tial flooding at the St. George Island site in question. While Richard Deadman
indicated in his testimony that DEP had concerns regarding development of
the Petitioners' property, such as flooding on St. George Island. Mr. Deadman
stated that his concerns were passed on to others in DEP and would be taken
into account in the relevant permitting processes. The Respondent and the
Intervenor also expressed concerns regarding the impact of the development
on hurricane evacuation and traffic densities. The Respondent and the
Intervenor's witness. Mike Donovan from the ARPC. testified that the counsel's
study showed that Resort Village would have no significant impact on the
regional road system, which includes the bridge from the mainland to St.
George Island.
Potable Water Issues
30. The Respondent and the Intervenor also were concerned regarding the
availability of potable water. Based upon the testimony of the Intervenorls
witness, John Kintz from DEP, the capacity of potable water for the utility on
St. George Island is very near, if not already at, capacity. Clearly, for any
additional development to occur within the area served by the St. George Is-
land water utility, whether multi-fanily, single-family, or commercial devel-
opment, the capacity of the utility will have to be increased. If not, water
hookups will not be available; and, therefore, building permits cannot be
granted in Franklin County.
31. The water utility does have an application pending at the NWFWMD to
increase its water supply capacity. Fees paid by the Resort Village to the util-
ity will assist it in providing for additional water capacity expansion. The Peti-
tioners already have purchased 15,000 gallons capacity per day from the util-
ity which is enough potable water to serve the project in the first several years
of development. The Petitioners will continue purchasing potable water ca-
pacity on an as-needed basis as long as it is available and when it becomes
available. In any event, if potable water is not adequately available, building
permits cannot be granted and the development cannot proceed.
32. In terms of the lower densities, projected sewage flows, restrictions on
parking and impervious surfaces, and the other factors delineated in the above
Findings of Fact, the Resort Village development will have less adverse impact
than the development already allowed by the 1977 DO, as amended, for the
site in question. Thus, the Resort Village, as proposed by the Petitioners will
not constitute a substantial deviation irom the types of development activities
permitted by that 1977 DO, as amended.
33. Although concerns were expressed by a number of witnesses, and by the
Respondent and the Intervenor, concerning the potential pollution of
Apalachicola Bay or other environmental damage to the Bay and its ecosys-
tem, no preponderant testimony or evidence was presented which could es-
tablish that the development of Resort Village would cause such pollution or
environmental damage. Such concerns will be thoroughly addressed in the


permitting and regulatory processes. for the various permits referenced above,
in any event. The Resort Village, however, was demonstrated to have no addi-
tional adverse impact on any waters, wetlands or ground water subject to
state regulation, in addition to or different from that posed by the uses al-
ready permitted by the 1977 DO, as amended.


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