Franklin chronicle
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 Material Information
Title: Franklin chronicle
Physical Description: Newspaper
Language: English
Publisher: Russell Roberts
Publication Date: May 5, 1995
Copyright Date: 1995
 Subjects
Spatial Coverage: United States -- Florida -- Franklin -- Apalachicola
Coordinates: 29.725278 x -84.9925 ( Place of Publication )
 Record Information
Source Institution: Florida State University
Holding Location: Florida State University
Rights Management: All rights reserved by the source institution and holding location.
System ID: UF00089928:00010

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25


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


... Page 6


The Franklin Chronicle


Volume 4, Number 9


Published every other Friday


5 May 19 May 1995


Carl Bailey Cleared

of Ethics Allegations
























strict Carl N. Bailey, was cleared of charges that he violated ethics
tinme ie had served con its Commission. Other allegations included
that Mr. Bailey had sold a personal vehicle to the District, and that he
had hired his sister-in-law to work for the District. Additionally, Bailey
was also cleared of allegations that he had improperly used funds
appropriated to the District or that he misused his position by trying
to suppress information about a bond issue. The decision was for-
mally announced on 25 April 1995 by the Florida Commission on
Ethics. The allegations were brought by Ms. Mildred Van Hamm of
Lanark Village and Mr. Charles J. DeLille of Brooksville. The five
charges were consolidated into one hearing.
Charge I
Van Hamm charged Bailey with a violation ofFS 112.313(10) in that
Bailey allegedly was employed as manager of the District during his
tenure as a member of the Board. Van Hamm maintained that Bailey
was "employed" as Manager of the District from 1975 until January
1995, at which time Bailey was not re-elected to the Board. Van Hamm
did not provide any documentary evidence backing up her charge.
Bailey testified that he was never employed by the District as Man-
ager; He served the District voluntarily, without compensation. While
there was no evidence which indicated that Bailey was paid as Man-
ager, Van Hamm asserted that Bailey received compensation for his
managerial duties in the form of car expenses and "finders fees". While
there is a provision for paying expenses to Board members, Bailey
received only one travel check during a period 1979 through October
1994, as revealed by the Ethics Commission "Report of Investiga-
tion". Van Hamm also asserted that Bailey had received compensa-
tion in the form of "finder's fees", but the Report of the Investigation
found absolutely no evidence that finder's fees were ever paid by any
of the agencies granting money to the District. Van Hamm complained
that Bailey refused her requests to look over the books of the District.
Bailey responded to the charges with some surprise. According to the
Report of Investigation, "Mr. Bailey advised that, until receiving a copy
of the ethics complaint he was not aware that there was such a thing
as a "finder's fee." Bailey maintained that he never received a finder's
fee, or any other type of compensation, relative to his work in secur-
ing grant money for the District.
Van Hamm asserted that Ms. Jeanette Pedder, a long time resident of
Lanark Village had "a lot of information" relative to the Charge that
Bailey had received compensation by the District. When contacted by
the Investigation, Ms. Pedder said she had "nothing at all" relative to
Continued on page 9


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Floyd Parramore

Escapes Jail


County Commission

Turns Up Heat on Inner

Harbour Hospital


At the meeting of, the Board of
County Commissioners on Tues-
day, 2 May 1995, Chairperson
Jimmy Mosconis and others com-
plained to new Inner Harbour
Hospital administrator, Danny
Bearden, about the increased
costs of housing felony cases in
the county jail facilities while the
Inner. Harbour Hospital was be-
ing paid for them under a contract
with the State of Florida. Mr.
Bearden kept injecting statements
that he would "telephone the
Commission by 5 O'clock today"
with a response to the complaints.
Commissioner Dink Braxton
moved that County Attorney Al
Shuler seek an injunction against
the Hospital and possible dam-
ages in the amount of County
costs resulting from the Hospital's
housing Level VIII at Court, the
Juvenile facility. A letter to
Kendall Wade, Clerk of Court from
Assistant State Attorney F. T.
"Frank" Williams pointed out that
County law enforcement and ju-
dicial resources on criminal cases
originating at the Inner Harbour
Hospital were adding to the en-
forcement costs. "...To date (26
April 1995), eleven criminal cases
have in Circuit Court, resulting in
ten cases filed as felonies. Addi-
tionally, two psychologists have
been appointed at County ex-
pense in at least one case. The
Public Defender's Office was ap-
pointed in every case, and every
case has been investigated by our
Sheriffs Department." Williams
added that every case filed as a
felony has required the incarcera-
tion of the female defendant at
county expense.
The Williams letter also suggested
that Inner Harbor Hospital could
be in violation of state law under
Chapter 408. The letter stated,
in part:
I contacted the Agency for
Health Care Administration
in Tallahassee and verified
that Inner Harbor is a health
care facility licensed under
Chapter 395. Therefore, the
hospital is subject to the re-
quirements of Chapter 408,
Florida Statutes. Under this
Chapter, it is unlawful for
any person to undertake a
project subject to review
under Section 408.031 -
408.045 without a valid cer-
tificate of need. The new
project at Inner Harbor
would be subject to such
review. Any person violating
the provisions of this section
is guilty of a misdemeanor
of the second degree, pun-
ishable as provided in Sec-
tion 775.082 775.083. Ad-
ditionally, each day of con-
tinuing violation constitutes
a new offense and can be
punished separately.
I have contacted the Health
Care Administration in an
attempt to determine
whether Inner Harbor ap-
plied for and/or was granted
a certificate of need or a
waiver before opening this
new facility. (Specifically. I
contacted Ms. Liz Dudek,
Director of CON review.
(904-488-8673).) It would
appear that they did not,
since this application pro-
cess normally requires a
public hearing and as you
are well aware this has not
taken place.


Mr. Braxton withdrew his motion
when Mr. Bearden appeared to be
more compromising on a possible
negotiation with the county on the
issue of Level VIII personnel at the
facility. The Chronicle checked
with Kendall Wade the next morn-
ing to inquire about the call. Mr.
Beardep did not call back by 5,
ior if he did, no' one was available
to the phones in the Courthouse.
A letter was received by Kendall
Wade from Bearden the next
morning, addressed to Mr.
Wade,indicating to the Commis-
sioners that Inner Harbour would
cooperate in the county with re-
gard to their programs but there
was no mention of sharing or con-
tributing to costs of law enforce-
ment.
Earlier, in the Commission meet-
ing, Mr. Bearden had told the
Commissioners that the Inner
Harbour Hospital was a major
employer in the county, with 28
per cent of their 113 employees
living in Franklin county and be-
ing paid $550,000 per year. At
that time, Jimmy Mosconis ac-
knowledged those facts but re-
minded Mr. Bearden that the con-
tribution to the Franklin economy
was irrelevant to the issue at
hand. The Commissioners and
the County Attorney Al Shuler are
likely to consider the matter fur-
ther in light of the Bearden letter.


DEP Satellite

Office to

Relocate

The Department of Environmen-
tal Protection (DEP) announced
on 4 May the relocation of its Wet-
land Resource Permitting and
Stormwater Compliance Office.
The role of the satellite office, es-
tablished in Apalachicola in 1986,
was to address permitting com-
pliance and environmental con-
cerns of Franklin County resi-
dents.
In 1990 the office was relocated
to the Florida State University
(FSU) Marine Laboratory and
added permitting and stormwater
compliance issues from Wakulla
County.
The recent increase in students
at the FSU Marine Lab necessi-
tated another move for the pro-
gram. Effective 1 May, 1995, the
program will be moved to Talla-
hassee. Donna Pope will continue
to serve as the contact for Wet-
land Resource Permitting for
Franklin and Wakulla counties.
No major changes are anticipated
in the program or in the level of
public service to those significant
counties.
Ms. Pope can be contacted at the
following address and phone
number:
DEP/Tallahassee Branch
2815 Remington Green Circle,
Suite A
Tallahassee, FL 32308-1513
(904) 488-3704


Franklin County Sheriffs office
Major Jimmy Williams announced
on 4 May that a prisoner escaped
from the Franklin County Jail
Facility. Floyd B. Parramore
(D.O.B. 02/18/60), an
Apalachicola resident, had been
incarcerated at the Franklin
County Jail since 29 January
1995. He had been taken into cus-
tody for Violation of Probation on
a previous charge of Aggravated
Assault with a Deadly Weapon.
Earlier this week he had been sen-
tenced to serve 39 months in a
state prison for violating his pro-
bation. It is believed he escaped
to avoid being sent to state prison.
On Wednesday 3 May at approxi-
mately 7:08 pm Inmate
Parramore escaped during the
evening meal at the jail. Correc-
tion Officers pursued him, but


..
*A^~~ C^--
Anita Newborn-Bol
All Applicants in i
Apalachicola High
School Principal's
Position

As of 4 May, the Franklin C
School District reports that
are six applicants for the pc
of Apalachicola High School
cipal. Local resident appli
include Beverly Kelley, i
Marshall, Frank Stephens
Denise Butler. Other appli
include Gregory Presnell of.
Rosa Beach and Terry Bass
Panama City. The Fra:
County School may decide
cept one of the applicants
regular meeting in May or i
decide to re-advertise for ne
plicants.


lost him once he entered te thlicK
blanket of woods across from the
jail.
The Department of Corrections
with their K-9 personnel assisted
the Sheriffs office by tracking
Parramore, but lost his trial
around the waterfront in East-
point. Also assisting the Sheriffs
Office was the Game and Fresh-
water Fish Commission and the
Florida Marine Patrol.
Parramore is described as a 34
year old, white male who is 5'10"
tall, weighs 154 pounds, has a
medium complexion with brown
hair and green eyes. Anyone who
sees this man or who has any
knowledge of this man is asked
to contact the Franklin County
Sheriffs Office immediately at
(904) 670-8500.


, Proposed Jet

Ski Ordinance

i .Put Off

Islander Jean McMillan reported
the results of an eight member
committee organized to draft a
Proposed ordinance on jet-skis,
S joined by Graham Armistead, Jr.
and Anita Newborn-Bonner. Ms.
SAnita Newborn-Bonner is the
owner apd operator of a Gulf side
jet-ski concession on St. George
Island. Mr. Armistead gave his
lively opposition to regulations in
general, as he presented the Com-
S mission a "freedom paddle," pre-
Jr. sumably implying that with sheer
human energy, one could paddle
anywhere in the region with "true
liberation."
McMillan's group drafted two or-
dinances after spending hours
studying ordinances from other
counties. Chairperson Mosconis
questioned the wisdom of outright
bans instead of designating areas
for jet ski use. McMillan re-
sponded that installing a buoy
system, marking out a designated
area or areas, would be expensive.
Both the Commissioners and
McMillan agreed that one central
Sfoproblem to any ordinance is en-
Sforcement.
S Dink Braxton informally warned
W J the group not to design rules so
J heavy-handed that the commer-
cial prospects of such concessions
would be cut off, implying that in
the current economic climate, the
county should be encouraging vi-
able commercial ventures in the
shadow of a fading commercial
fishing trade. Like Chairperson
Mosconis, Braxton also wanted
defined areas where jet-skis could
be operated.
Woody Miley addressed the prob-
lem of damage done to sea grasses
on bay bottom. He also recited
past experiences in the Keys of
-.. churn and other disturbances in-
3s. *, fluencing the feeding habits of
'* birds and other animals. There
were direct implications of such
inner damage to the seafood industries.

for Anita Newborn-Bonner barely re-
ceived time for her remarks but
she reminded the Commissioners
that her concession was buoyed,
and that herjet skis were subject
to her own set of operating regu-
lations.
Chairperson Mosconis thanked
county Mrs. McMillan and her commit-
t there tee and their work and asked that
isition they return their proposals with
I Prin- some designated areas set aside
icants for jet ski activity.
Mair-ie


s and
icants
Santa
sett of
nklln
to ac-
at its
t may
w ap-


NO0S H
TIET


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Page 2 5 May 1995 The Franklin Chronicle


Published every other Friday


Apalachicola

SCity Commission
Trashes Argus


Franklin Briefs

The Franklin County Commis-
sion, at its last meeting on Tues-
day, 2 May 1995, made the fol-
lowing appointments:
1. Construction Licensing Board,
as full members: Bob Patrick; Ma-
son Bean. Alternates: Gary
Millender, John Hewitt and Robin
Brinkley.
2. The Construction Board of Ad-
justments and Appeals as full
members: Bob Patrick, Alan Rob-
erts, Mason Bean, Michael
Clayton. Alternates: Robin
Brinkley, Gary Millender, John
Hewitt.
The County Commissioners ap-
proved a reciprocity agreement for
licensed contractors working in
Gulf and Franklin counties. That
is, under the interlocal agree-
ment, Franklin County will rec-
ognize a Gulf County contractor's
license and Gulf county will rec-
ognize Franklin's licenses. The
agreement was drafted by Gulf
County attorney Barbara Sand-
ers.
Gulf Coast Community College, in
conjunction with JPTA, will be
scheduling classes for future Cor-
rectional Officers this summer.
Scholarships are available. JPTA
may also and pay for books/ uni-
forms and will help candidates
find jobs upon graduation. Call
John Craig (904) 229-8438 for ad-
ditional information.
Carrabelle local artist, Jack
Chuites; visited CHS Elementary
children on Wednesday, May 3.
Mr. Chuites whose art form is
leather sculpture, talked to the
children about "cottage industry"
in which a person can make
money to "pay the rent" and "buy
food" by doing something that is
enjoyable, "kind of like playing".
When the children were asked
how many of them enjoyed cre-
ative expression, 34 children and
3 adults raised their hands with
enthusiasm. Everybody seemed to
enjoy his examples of finished
work as well as work in progress.
A Red Maple was planted at CHS
on 514195. It was dedicated to the
children of Oklahoma City who
lost their lives in 1995., It was
planted by Rev. Harmon Price and
the 4th/5th grade students, Class
of 2002 and 2003, who have been
studying trees, and their vital
importance in the Earth's Ecosys-
tem. The tree was planted with
lots of love, mulched, and fertil-
ized, so that it will grow strong,
and the memory of those children
will continue to be honored.

The Carrabelle High School
Drama Club, sponsored by
Melanie Humble, will present
Arthur Miller's THE CRUCIBLE,
a four act play depicting the witch
hunts of Salem, Mass on Tues-
day, 9 May at 6.00 pm and Thurs-
day, 11 May at 5:30 pm. The
Thursday performance will also
feature a dinner theater. Advance
ticket sales are $1.00 for the play
and $4.00 for the dinner and play;
Tickets are on sale at the Frank-
lin County Public Library.


Inmate Under

Investigation

Franklin County Sheriffs Office,
Major Jimmy William's an-
nounced on 28 April that inmate
Jay Cleveland Nix is under inves-
tigation for the attempted murder
ofa fellow inmate at the Franklin
County Jail.
On 27 April 1995 at 3:50 pm cor-
rections officers at the county jail
were summoned to the cell of
Darvin Cruson. Inmate Cruson
was found unconscious, the ap-
parent victim of strangulation. In-
vestigations revealed that Cruson
had been strangled with a length
of copper wire. Inmate Cruson
was transported to the Emerald
Coast Hospital where he is report-
edly in satisfactory condition.
Inmate Jay Nix is being charged
with Attempted 1st degree Mur-
der. Investigations have yet to de-
termine Inmate Nix's motive. The
investigation is continuing.
Inmate Jay Nix was being held in
the Franklin County Jail on a 1st
Degree Murder charge for the
March death of Carrabelle resi-
dent, Harold Rabinor.
On 3 May, both Jay Nix and
Germaine Earl were indicted by a
grand jury for capital murder. The
prosecution has declared that it
will seek the death penalty for
both Nix and Earl, if found guilty.


The Apalachicola City Commis-
sion led an all out attack on the
recent trash disposal services pro-
qded by Argus Service Incorpo-
rated at thei' regular 2 May meet-
ing. Ne'vw /.n'U Manager Keith
Btezhoi stood before the commis-
sion taking most of their animos-
ity on the chin.
Mayor Bobby Howell opened, "I
told someone just the other day
that if I lived long enough to Tues-
day, I was gonna' kick your butts
out of town." Howell complained
that Argus was not picking up
trash in the city's alleys and was
allowing some yard waste to sit
for weeks and months. Mr.
Beezhol contested that some resi-
dents expected Argus to pick up
garbage that was not within their
guidelines. Beezhol said that his
company could not make money
if it had to expend money in or-
der take its waste to the county
landfill. Mayor Howell said that he
rode around the entire city with
one of Argus' foreman and pointed
out every problem that he had
with, the services rendered by
Argus. "And there isn't an alley
or a street that is up to stan-
dards," said Howell. Beezhol
stated that his foreman had never
informed him of Mayor Howell's
complaints.
Several residents also complained
about, the services rendered by
Argus. "If I put a large load out
there," said one resident, "I'll pay
for it. They ought to pick up the
small piles, though. Every time I
ask about the policy, It changes."
Commissioner Jack Frye con-
curred, "Every so many months
when you change supervisors, we
run into this problem. We got
people who may want to move into
this town, but they don't want to
live in no filth town." Commis-
sioner Wallace Hill noted, "We've
got a contract with the city. You've
got a contract with us. You have
a contract you're bound to if you
want to keep operating here."














Keith Beezhol
Mr.. Beezhol ffeied to set up a
workshop 'tob discuss, the
company's guidelines. Mayor
Howell felt that if Argus could not
make money in their operation,
then the board should look for
someone who could turn a profit.
"Where does this stand?" ques-
tioned Beezhol. "As far as I'm con-
c"ined, it can stand outside the
window," remarked Howell. The
board then voted unanimously to
re-advertise for a new waste dis-
posal service.
In other board business:
*Apalachicola native Terrence Jo-
seph asked for the board's bless-
ing to build a skating rink on
Ninth Street and Avenue J. Mayor
Howell stated that he would not
agree to sell city property, but that
he did support Mr. Joseph's plan.
Mr. Joseph said that he wanted
to have the rink in an area that
didn't disturb residences and
which was not located near any
bars. Joseph said that the rink
would have a game room and a
food stand. He told the board that
he would provide them blueprints
of the proposed operation at a
later date. Terrence Joseph is
presently in the Navy and sta-
tioned in Norfolk, Virginia.


*The board voted to send a letter
to the Department of Community
Affairs to check on a possible zon-
ing error for property owned by
Jimmy Nichols.

*Karen Abas requested that the
board pave or grade her street on
Avenue M. "The city don't pave
roads," said Commissioner Grady
Lowe, "but we can grade it." Ms.
Abas also noted that the ditches
on the side of her street were too
deep; she worried that someone's
child by drown in the ditch dur-
ing a. heavy rainfall. The board
agreed to address Mr. Abas' con-
cerns.
*The board gave Kristin Anderson
permission to restore the 1932
motor vessel called the Sea
Dream. Commissioner Wallace
Hill requested that Ms. Anderson
contact her neighbors to make
sure that the vessel didpot en-
croach on their property.
*The board voted against Com-
.missioner Hill's motion 3-2 (Com-
missioner Hill and Elliot voting
Aye) to purchase a new computer.
Commissioner Frye said that he
could get a friend to look at the
computer. "The computer in
Betty's IBetty Taylor-Webb) office
is dead," stated Commissioner
Hill, "and it ain't worth fixin'."
*Mayor Howell stated that he may
be able to obtain three bullet proof
vests for free for the Apalachicola
Police Department.


Police Officer

Argues For

City Worker

Apalachicola Police Officer Arnold
Toliver questioned the firing of city
worker Ben Jefferson at the 2 May
regular meeting of the
Apalachicola City Commission.
Ben Jefferson supervises inmates
from the Franklin Work Camp for
the city of Apalachicola. Mr.
Jefferson lost his certification to
supervise inmates from the De-
partment of Corrections after al-
legedly allowing an inmate to ac-
cept beer from an unidentified
person. Officer Toliver stated that
Mr. Jefferson was a hard worker
who had no previous reports filed
against him. "I can't believe that
no report was made to the com-
mission that he was in the wrong,"
stated Toliver. Officer Toliver also
stated that inmates are vindictive
and will try to get their supervi-
sors in trouble if they get angry
with them. Mayor Howell stated
that the inmate tested possible for
alcohol consumption. .
Commissioner James Elliot
agreed with Officer Toliver that
inmates can be vindictive, but he
stated that the board of commis-
sioners could not change the De-
partment of Corrections decision
to revoke Mr. Jefferson's certifi-
cation. Officer Toliver requested
that the city review the matter,
before voting to fire Mr. Jefferson.
Toliver addressed Bobby Howell,
"Mayor, you were hired by the city
to watch me. And when you can't
do that, what does that do to me?"
The board then voted 3-2 (Com-
missioners Elliot and Hill voting:
Nay) to terminate Mr. Jefferson.


Mayor Howell honors Na-
tional Poppy Day at the 2
May Apalachicola City
meeting.

PROCLAMATION

WHEREAS, from the battlefields
of World War I, weary soldiers
brought home the memory of a
barren landscape transformed by
wild poppies, red as the blood that
had soaked the soil, and
WHEREAS, by that miracle of
nature, the spirit of their lost com-
rades lived on, and
WHEREAS, the poppy became a
symbol of the sacrifice of lives in
war,
WHEREAS, this flower repre-
sented the hope that none had
died in vain,
WHEREAS, the American Legion
in convention assembled, en-
dorsed the poppy as the memo-
rial flower of this veterans' orga-
nization, and
WHEREAS, the American Legion,
at its National Convention in 1921,
further resolved to adopt the
poppy as the official memorial
flower of this organization, and
WHEREAS, the American Legion
further resolved to make the
poppy the memorial flower of the
American Legion Auxiliary, and
WHEREAS, the contributions
given for the purchase of poppies
are for the sole purpose ofLaiding-
in veteran's relief work, and
WHEREAS, these poppies are
made of crepe paper, each petal
affixed by hand by a hospitalized
or disabled veteran, and
WHEREAS, it has been recom-
mended that a day before Memo-
rial Day be considered National
Poppy Day by the American Le-
gion Auxiliary, and
WHEREAS, all citizens are urged
to purchase and wear a poppy
during the Memorial Day week-
end,


SNOW, THEREFORE BE IT RE-
SOLVED THAT I, ROBERT L.
HOWELL, Mayor of the City of
Apalachicola, Florida, do hereby
proclaim Friday, May 26th, as
National Poppy Day In
SApalachicola, and urge each and
p every citizen to procure and
S proudly wear a poppy in memory
of our lost comrades who gave of
their lives so that our America can
continue to be the Home of the
Brave and the Free.
FOR THE CITY OF
APALACHICOLA



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Bevis & Port

Authority Go

To Arbitration
The Carrabelle Port and Airport
Authority squared off with Bevis
& Associates at their 27 April
meeting to determine whether Mr.
Bevis has remained within the
guidelines of his lease with
Carrabelle.
The port authority confronted
Tommy Bevis on the matters of
workers compensation insurance
and the number of individuals
employed through Bevis & Asso-
ciates. Mr. Bevis provided past
records to the port authority
documenting workers compensa-
tion coverage, but was unable to
provide adequate data proving
that he had twelve employees, as
agreed upon in his lease. Bevis
stated that he had enough work
for twelve employees, but could
not find twelve steady workers. "If
Mr. Bevis is in violation of his
lease," stated Chairperson Donald
Wood, "Then we have to take ac-
tion." Board member Jim Lycett
responded, "This is ludicrous.
We're not getting paid a dime for
this. We're making a mound out
of a molehill." Lycett reasoned
that the port authority could not
afford to involve itself in a legal
confrontation that would incur
large legal expenses. "So we're just
gonna' roll over?" questioned
board member Bruce Moore.


Developer Gene Langston ques-
tioned the success level of Bevis
& Associates' project in regard to
its impact on Carrabelle. "'The tax-
payers invested one million four
hundred and fifty-seven dollars in
this program. From the outset,
this thing was supposed to cre-
ate jobs and manufacture some-
thing. That's why the grant was
i given." Board members also ques-
tioned the effectiveness of Bevis
& Associates project and pointed
out that Mr. Bevis initially tried
to turn his program site into a
marina.
The port authority initially mo-
tioned to engage Bevis & Associ-
ates in a binding arbitration and
then request a declaratory judg-
ment if arbitration proved unsuc-
cessful. Board member Lycett
objected, "We're getting into a pile
of doo-doo." Mr. Lycett again
stressed that the port authority
could not afford to involve itself
into a costly legal confrontation.
"We're in a pile of doo-doo," re-
sponded Bruce Moore. Chairper-
son Donald Wood stated that Mr.
Bevis had willfully delayed in pro-
viding board requested records
and that his program was unreli-
Iable. "You don't do business with
people whose work you can't de-
pend on."
The port authority then amended
its motion and unanimously de-
cided to engage Bevis & Associ-
ates in arbitration. Tommy Bevis
stated that he would confer with
his attorney, before he agreed to
a mutually binding arbitration.


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* Headaches
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Published every other Friday


The Franklin Chronicle 5 May 1995 Page 3


MAY T T
95LI


Sun 14
Mon 15
Tue 16
Wed 17
Thu 18
Fri 19
Sat 20


IMon12
1Tue 10
[WeJ ]


U7


0 25 50 75100


ASTRO TABLES 2000 MONTHLY
INFORMATION COLUMN

The "Best Days" Section is based on
the ever-changing positions of the sun
and moon, rating each day on a scale
of 0 to 100. The higher the number
(see "Value" column or black bars) the
more solar/lunar influence it is expe-
riencing.
The "Daily Periods" Section shows the
top five potential periods of both the
moon and sun, plus puts them in or-
der (see the columns marked "Best,"
"2nd Best." "3rd Best," etc.). The num-
ber of periods that actually see fish
activity will depend on water tempera-
ture, while their order depends on the
season, each period's relative poten-
tial. and how closely a lunar period is
occurring to a solar period. Slight ad-
justments may be needed for some
species.
*A black box depicts that day's Moon
Overhead period. A gray box shows the
Moon Underfoot period. Both are
shown each day, even when one
wouldn't qualify for the top five. Be
sure to watch for an asterisk (*). which


5$ HEATIDAY MMU&UM.
] DAWN
S PIN ,n DUSK
SNOON
I 5 HEAT/DAY
I$I HEAT/DAv Y 4:524A7:46a
THIS LUNAR PERIOD OVERLAPS A SO
5:43-8:290 | 555 HEAT/DAYI
$55 HEAT/DAY


555 HEAT/DAY


Q DAWN


0 DAWN
Q NOON
Q NOON
O NOON
CQ DAWN

)LAR PERIOD TODAY,

:6.-:35-g:09al


55 HEAT/DAY I DAWN 0 NOON
555 HEAT/DAY ( DAWN r NOON
555 HEAT/DAY Q DAWN C NOON
555 HEAT/DAY Q DAWN C NOON


n NOON


0 NOON
M DUSK
0 DUSK
a DUSK
0 NOON
NOON
SO ONLY THE LUNA
0 NOON
Q DAWN


________________ A. i- ---r
12:27-1:29p1t DAWN $55 HEAT/DAY
0 DAWN II5 HEAT/DAY f ;29-2:29p
D DAWN I2:34-3:30 55I HEAT/DAY | NOON
3:3632p DAWN NOON i DUSK


.I DAWN
0 DAWN
NETI3ZE


.57a1. _
F1244' a 2"'p*
"' I -Olp
-3 -48P.
324 36pl


1.4:33-5:35p,
I5i26-6:36pI
555 HEAT/DAY


$I5 HEAT/DAY
555 HEAT/DAY
161347:371j


O NOON

O NOON


12:54-3:50a
1:39-4:39a
:2:25-5:29a
,3:13-6:17a
74i02-7:02a
Eg MIDNIGHT
R TIME IS LISTED.
MIDNIGHT
0 NOON
,7:27-9:51a
8:23-10:29a
9:20-11:10a
10:18-11:54a
ftym"


Gulf Trading of Carrabelle, Inc. Loses Appeal in
First District Court


DUSK FULL
DUSK PERIGEE
II LOW


0 NOON
DUSK


6:57-8:33p. o NOON I5I HEAT/DAY MIDNIGHT
Q DAWN 7:38-9:28p:i NOON 0 DUSK
r DAWN I NOON 8:16-10:22p C DUSK
[ c NOON Q DUSK 8:54-11:14p
o NOON i DUSK 9:31p-12:05a
| NOON i DUSK 10:12p-12:46a
I[ I *~ NOON Q DUSK 10:52p-1:46a

a DAWN A DUSK 1i 236a* 5HEAT/DAY
0 DAWN SEYE A DUSK i5 HEAT/DAY
DAWN 12:22326 DUSK 5 HEAT/DAY
SDAWN 0 NOON DUSK :1:09-4:13a


oM, 61A eMOON MD____ON_.
I OVERHEAD 5 HEAT/DAY MID-AFTERNOON (2 HRS)
0:00 0:00 DEROOT DAWN FIRST3.5 HRS. OF LIGHT
O NOON 1 URSURHEAD I DUSK LAST 1.5 HRS. OF LIGHT
-- (2,5 HRS.) ,


signifies that lunar period is occur-
ring at the same time as a solar pe-
rod, compounding the influence.
*The white boxes depict the major so-
lar periods: Dawn, Dusk, Noon (sun
overhead), Midnight (sun underfoot),
and-in cooler months, Heat-of-the-
Day. Consult the key at the bottom of
each month for the approximate
length of these periods.
Astro Tables 2000 is a streamlined
version of the PrimeTimes Wall Cal-
endar, which is based on solar/lunar
research at a leading college of astro-
physics, radio-tracking studies, and
the general consensus of expert
outdoorsmen. Annual astral data is
supplied by the U.S. Naval Observa-
tory. All lunar times are adjusted to
the center of your time zone and for
Daylight Saving Time..
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teammate for any year's PrimeTimes
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1. Dr. Erickson resigned as the Di-
rector and Health Officer of the
SFranklin County Public Health
Unit (CPHU) but he will continue
to work in OPS Status as a physi-
cian for one day per week.


2. Dr. Chai Sereebutra's Primary
Care Contract will not be renewed
at the end of April 1995. Dr"'
Sereebutra is currently serving
about 99 clients a year at a cost
of $23,500. The Franklin CPHU
thought this was not cost effec-
tive and they hired Dr. John N.
Nichols who will work four hours'-
a week and see about 10 to 15
clients per week at a cost of about:
$10,000. In one year the CPHU
estimated that the doctor would.
accommodate between 500 to 700:
clients.
3. The Franklin CPHU is seeking
a full-time Director/Health Officer
and this possibility has been dis-
cussed with Dr. Betty Curry. The
Franklin Unit hoped she would
accept their offer. Until the Health
Unit receives a positive response.
from Dr. Curry or the Unit em-'
ploys another Pediatrician, Dr.
Nichols will be seeing pediatric
clients at the Health Unit.



Second Circuit
Judge to Relocate





.


Second Circuit Judge P. Kevin
Davey stated during his 2 May
court dockets that he would be
transferred to Gadsden County on
1 July for a two year term. Judge
Davey's replacement is Gadsden
County's Judge William Gary.
Judge P. Kevin Davey has been
Franklin County's Second Circuit
Judge for the past two years.


I


_


ir


Ir


ivpvr_ w


NOTE: If your water is above 70 degrees (ie: in the south), disregard "Heat-of-the-Day" penod.
BEST Irnn -iest IF-rdBest IF4th BBeestl 5thBest


I


The lone tonger has no further concern of trespassing on the claimed 6000 acres of Apalachicola
Bay by the Gulf Trading Company of Carrabelle because the company has lost its judicial
appeal. Gulf Trading of Carrabelle, Inc. claimed 6000 acres of Apalachicola Bay under a 1904
oyster grant from the Franklin County Board of County Commissioners. The State Department
of Environmental Protection sought a declaratory judgment to settle once and for all who "owned"
the sovereign submerged lands of Apalachicola Bay and whether the claim by Gulf Trading of
Carrabelle was valid. The Circuit Court of the Second Judicial Circuit in and for Franklin
County ruled on 22 July 1993 that Gulf Trading does not have any exclusive rights or interests
in the 6000 acres. Gulf Trading appealed the matter to the First District Court of Appeal, and
that court affirmed the lower court decision unanimously on 5 January 1995.

The Second Circuit Court opinion, in part:
The Florida Supreme Court determined in Bryant v. Lovett, 201 So. 2d 720 (Fla. 1967), that the oyster
grants were void and ineffectual to convey any interests in the sovereignty lands of Apalachicola Bay,
since such oyster grants were not executed in accordance with the command of Article IV, Section 14 of
the Florida Constitution, 1885.
The County Commissioners of Franklin County had no power under the Florida Constitution to make a
grant of any portion of sovereignty submerged lands held in trust by the State.
If the Grantees acquired any interest under the Act of 1881 and the oyster grant, it was color of authority
to enter upon the premises. If the Grantees had any present interest in the oyster grants it would be that
recognized in Perky Properties v. Felton, 151 So. 892 (Fla. 1934). It would then become a question of fact,
as to whether or not the Grantees or their successors had in good faith complied with the terms and
conditions of the 1881 statuteland the oyster grant. It is necessary that the Grantee carry the burden and
support their claim with evidence.
The conditions imposed on the Grantee under the Act of 1881 and the oyster grant were not conditions
subsequent but were continuous, and upon the failure to satisfy those specific conditions, the franchise
or privilege reverts to the state without any affirmative action on its part to effect forfeiture.
There has not been a showing by the Defendant/Grantee that any particular property within the original
6,000 acre oyster grant area has ever been marked, planted, harvested or cultivated pursuant to Chapter
3293, Laws of Florida, 1881 or the terms and conditions of the oyster grant from 1904 to 1905 or from
1904 to 1993. What the Defendants have attempted to show is that the entire 6,000 acres was marked,
planted, harvested and maintained continuously for that time period.
The evidence does not support the Defendant's position that they performed under the 1881 statute and
oyster grant. There is insufficient circumstantial evidence to support any kind of equitable claim to the
oyster grant area. There has been an absolute void as far as proof of the Defendant's as to any particular
property that has been planted or harvested within that 6,000 acre oyster grant. Because of Defendant's
failure to carry the burden and establish their claim, the Plaintiff is entitled to a declaratory judgment as
prayed for.


County Health Unit

Reports to County
Commission

Business Manger Janice Hicks
advised by. letter Chairperson;
Jimmy Mosconis and the Frank-
lin County Commission of some
decisions by the Frankliin County
I I 'II IPublic Health Unit that will affect
future activities of the Unit.


. . . . . . . . . f 99:ff 1 f i I I i I i i i i ~rrI T~ r i i i i Irrtf t


COM-)

A\POGEE
HIGH



HALF


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. ~355










Paor 4 5 Mav 1995 The Franklin Chronicle


Editorial and Commentary


Breaking Wind into the 3

Judicial Process
At the conclusion of the State of Florida investigation into the alleged
misdeeds of Mr. Carl Bailey, Lanark Water and Sewer Commissioner,
Mr. Bailey comes out smelling like a rose. He has been exonerated of
unsubstantiated charges of wrongdoing, sometimes rumored through i
Lanark Village. Allegations were made by Lanark citizens, while well-
intentioned, they were wrong. We are not taking sides here, since -
there have been other complaints about Mr. Bailey's methods of op-
erations, especially when it came to the Sunshine Laws. But that is
not the point here.
All of us are victims of rumor in Franklin County, and this last in-
stance is but one of many examples when the allegations could have
been investigated before the charges were made. The judicial-like pro-
cess involved in allegations of ethical and other charges, has the same
evidentiary standards as if a crime of high magnitude were involved.
The complainers did what they believed, but like many of us,"belief'
is not very compelling when placed against judicial standards of evi-
dence. Unfortunately, rumors can feed on this process, perhaps in-
flaming others into becoming "true believers." Alas, it takes months
before we finally know the legal truth, and these reports completely
exonerate Mr. Bailey. Indeed, a careful reading of the investigation
could easily create a very strong case of Mr. Bailey's public service of
the highest magnitude, as so much of his time and effort was given to 1
the Lanark District. There are other views to this same story. 1 94
To take the "other view" or provide a "reasonable doubt" requires Sei
good analytical skills, and the ability to bury emotion and passion.
Please note that we did not say "high" analytical skills or supra-edu- By Be
cated perspectives. Often, plain common sense is all that is required
to "blow off' infectious but damaging rumors. Mr. Bailey has weath- On Sal
ered these unsubstantiated allegations for too long a time. He stands iors an
tall without the allegations clinging to his service to his community. at the
Why do we mention rumor so often here, in this case? Because a about
close reading of the charges indicates that there were very, very few a mag
pieces of competent evidence to back up the claims, mance
will las
When bad odors permeate the landscape, one remedy is to blow them
off, for good. This may be a hard lesson for some to learn. And, inci- It feels
dentally, I am not referring to the accusers here, but to the "believ- Varne
ers," -the folks who are so convinced of their "rightness" that they Apala
would put the truth to shame. (AHS),'
I feel p
Just a few days ago, during a long discussion about FAA approval of
any land sales of airport land, Commissioner Dink Braxton recalled "I enjo
the charges of former Commission Ed Kubicki. "He warned us", and clothe:
the Commission did not listen to Commissioner Kubicki very care- Junior
fully. Now, the problem of encroachments on airport land is coming with n
home to roost, as it was recalled at the Board of County Commis- friends
sioner meeting on Tuesday, 2 May 1995. Ed Kubicki sounded the
warning signal and he was ignored, and sometimes chided for his "I like
alleged abrasive methods. Ed was trying to make a point, and some- spend
times skulls in the County Commission are very thick. Sherry
AHS.
In the Carl Bailey matter, under the light of the Commission on Eth-
ics, the allegations evaporated because a systematic review of the Lots of
facts was reported to the Commission outside of the emotion and of the
passion. This process, if you will excuse the rather base reference, Gras"
reduced the charges to the impact of a fart in a windstorm. The ru- songs
mors are eventually blown away. a Womr
also lo\
Next time you hear a rumor-monger talking rumors, challenge their which
factual bases, their sources and competencies so they don't break gold.
wind willy-nilly without some challenging deodorant of truth.
For th(
Tom W. Hoffer the cob


.Fish Tales: Solution
CASH NOTE SPA PICA
ALPO EMEND SARI FRIIIARj

PTUN S STA AAN B EAK IE
SP EILT L N N PUNY AL BC
RHS NIF SHK L U on page
T RE SRE EP A S I ICE
ALES BASSCAND E T I C K S 5




SR K N 9 -E LIAITIEST
LAK E SINIIPIS PER E
ACT IVERECITIA A L -PS M TA
FLY FEIHIAIL IUT DAL E












904-385-4003 (TALLAHASSEE)
% "^ Facsimile 904-385-0830
THE FRANKLIN COUNTY CHRONICLE, INC.







Vol. 4, No. 9 5 May 1995
Publisher ..;............................................ Tom W Hoffer
Editor and Manager............... Brian Goercke
Contributors .......................................... Carole Ann Hawkins
............ BonnieL. Dietz
............ Rene Topping
............ Judy Corbus
............ W ayne Childers
CHARM S.........Laura K.RogersE
HARDY OUSTS SEI N.ENUIRISIA









A A........ AmandaLoos










............ Becky Shirley
Survey Research Unit ..............POST OFFICE BOX 590W. Offer
........EASTPOINT, FLORIDA 3232Steinkuehler










Sales Manager ..................... Teresa Williams
904-927-3361
V, 904-385-4003 (TALLAHASSEE)
aON Facsimile 904-385-0830
THE FRANKLIN COUNTY CHRONICLE, INC.
Vol. 4, No. 9 5 May 1995







Computblisher Tom W. HofferSystems,







Advertising Design,
Production and Layoutger ............................. Christian Liljestrand







............ Eric Steinkuehler
............ Audra Perry
C irculation ......................... ............... Carole Ann HawkinsMo
............ Paul Jones







........... Bonnie L. Dietz
............ Lee Be pitcher







Citizen's Advisory Group
George Chapel .......... ......... WApalachicoladers
Sandra Lee Johnson...... .......... Laura K. Rogers
Grace and Carlton Wathen........... Carrabelle
Rene Topping .............. ..... Becky Shrle
Survey Research Unit on ........... ...... .... George IslandW. Offer








Tom and Janyce Louthridge ................. St. George Island
Elizabeth and Jim Sisung ........... Eric astpoinkuehler
Brooks Manage r ....................... Eastpoint lliams
Computer Systems,
Advertising Design,
Production and Layout ............................ Christian Liljestrand
...........Eric Steinkuehler






Wayne Childerstion .......................................... Will Morrist. Joe
Bonnie Dietz

Citizen's Advisory Group








Back Issues
For current subscribers, back issues of the Chronicle are avala




free, in single copies, if in stock, and a fee for postage and
handling. For example Johnso n 8 page issue would cost $.75 postpaid.
To othGrace and Carlton Wathen ...................... Carrabelle and
handling. Please write directly to the Chronicle for price quotes
if you seek several different or similar issueson .... If a single issue,land
merely add 35Janyce Loutheridgte... above.. In-county subscriptions
Elizabeth and Jim Sisung ......................... Eastpoint
Brooks W ade ............................... ......... Eastpoint

Back Issues


For curare $16.00 including tax. Out-of-county subscriptionsonicle are $22.26available
free, in scludingle copies, if in stock, and a fee for postage andtax.
handling. For example an 8 page issue would cost $1.75 postpaid.


To others back issues are priced at 351995 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.


were (i
Shelita
Vice-Pi
and K(
nifer l
Treasu
Toni I


95 Junior-

nior Prom

cky Shirley
turday, 28 April, the Jun-
id Seniors had their prom
Armory from 8:00p.m. to
11:30p.m. The Armory was
nificent place full of ro-
,color, and memories that
it a lifetime.
s real good," says Jessica
s, a sophomore at
chicola High School
'It's a good experience and
rivileged to be here."
y dressing in all the nice
s," said Jackii Hefner, a
at AHS,"and spending time
ny boyfriend and all our
S.
getting all dressed up and
ng time with friends." said
r Dean, also a Junior at

People enjoyed the theme
prom which is the "Mardi
and also the music with
such as "When a Man Loves
en" and "'Tootsie Roll". They
ved the colorful decorations
were purple, green, and

e 1995 Prom Grand March
iples, starting with Juniors,
n order): Class President-
SGreen and Ryan O'Neal,
resident- Cristy Thompsonr
vyin.Ward, Secretary- Jen-
Newell and Kevin Newell,
irer- Shantia Cargil and
Davis, Megan Allen and
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The Senior couples were: Lee
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Cooper, Nicole Hutchins and Trey
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and Brett Gormley, Bruce Varnes
and Renee Maloy, Jacob Williams
and Ashley Allen, and Diane Wil-
son and Victor Duval.
After the Grand March, Mrs.
Sharon Philyaw picked the 1995
Junior-Senior Prom King and
Queen. The king and queen were
Bruce Varnes and Kim Byrd. They
led the final dance that ended the
prom for another year.

One Stop Shops

To Be Scheduled

The Florida Dept. of Labor and
I Employment Security will be
scheduling "one stop shops" dur-
ing May and June to be conducted
by "Net Ban Specialists" recently
hired. The Franklin area special-
ist is Dewey Elmore (904-244-
2252). Agencies and organizations
that can provide fishermen and
Their families assistance will be
able to discuss their services on
Sone-on-one basis.
Also, a team from Harbor Branch
Oceanographic Institute will be
traveling to 10 sites around
Florida to conduct workshops on
what aquaculture enterprises
would be economically and tech-
nically feasible for that particular
area of the state. A tentative date
for the Apalachicola/Panacea
area has been set for 25 May with
the location to be announced. Up-
dating information is available
from Bill Mahan, County Exten-
sion Director at 904-653-9337

TM 0 TO


jpectives:
22 Drug Related Investigations
7 Multi-jurisdictional Drug Related
Investigations
35 Arrests for Drug Related Offenders
7 Weapons Seized Through Drug
Related Investigations
$7.000.00 Seized in Non-Drug Assets
Through Drug Related Investigations
$7.000.00 Forfeited in Non-Drug Assets
65 Grams of Cocaine Seized
Through Drug Related Investigations
3 Pounds of Marijuana Seized
Through rug Related Investigations
8 Marijuana Crops Eradicated
5 Arrests for Marijuana Cultivation
Offenders
2 Weapons Seized Through
Marijuana Eradication
$600.00 Seized In Non-Drug Assets
Through Eradication Investigations
$600.00 Forfeited in Non-Drug Assets
Through Eradication Investigations
4,000 Marijuana Plants Destroyed
Through Eradication Investigations


32 Investigations
29 Investigations

34 Arrests
2 Weapons Seized

$25,150.00 Seized

0 Forfeited
66.10 Grams Seized

2.21 Pounds Seized

1 Crop Eradicated
1 Arrest

0 Weapons Seized

0 Seized

0 Seized

24 Plants Seized


If you'd like to let the people in
Washington know what you think,
here are their names and addresses:
PRESIDENT CLINTON, The White House,
Washington, D.C., 20500, (202) 456-1111.
REP. PETE PETERSON, 426 Common House
Office Building, Washington, D.C., 20515, (202)
225-5235, or (904) 561-3979 in Tallahassee.
SEN. BOB GRAHAM, 524 Hart Senate Office
Building, Washington. D.C., 20510, (202) 224-
3041, or P.O. Box 3050, Tallahassee, 32315,
(904) 422-6100.
SEN. CONNIE MACK, 517 Hart Senate Office
Building, Washington, D.C., 20510, (202) 224-
5274, or (904) 877-6724 in Tallahassee.


m 4D l


& PROPERTY MANAGEMENT, INC.
HCR 2 St. George Island
Florida 32328-9701
Phone: (904) 927-2282
FAX: (904) 927-2230


'-r 4 -









Canal front, be.utIl 3BR., 3B.A hme .approumajel I i60 sq I' of healed
cooled space, screened deck, fans, unfurnished, carpet and vinyl floors,
landscaped corner lot, fenced yard, covered dock, new roof, new paint, huge
I downstairs enclosed area for keeping your boats and cars. Excellent rental
potential. Must see. By appointment only. $235,000
We have others. We also have some great homesites, some with owner financing. In
Apalachicola, we have 283+ acres of land for developing for only 8650,000. We also
have new bayfront lot listings from $90,000 to $200,000. You may reach us after
hours by calling:
Don and Marta Thompson 904/927-2445
Billie Grey 904/697-3516


* Hydraulic fluids.
* Circulatina oils. GV, Gander


* Greases


Distributors


BP. ON THE MOVE


Published every other Friday


RE
AEALTOF1


jr,49vI-- -- _I


mmm


i


Franklin & Liberty County

Task Force On Target


The Franklin & Liberty County Task Force is going into its second year of
operation and is reporting major successes in many of its goal objectives.The
project's activity date began on 1 October. 1994 and will conclude on 30 Sep-
tember, 1995. "We completed our goals satisfactorily last year." stated Lt. Archie
Holton of the Franklin County Sheriffs Department. "But we're way ahead of
our goals this year." Lt. Holton listed on-going support from the Drug Enforce-
ment Agency (DEA), Customs. Alcohol. Tobacco and Firearms (ATF), the Florida
Marine Patrol. Sgt. Tony McDowell of Liberty County and Deputy Michael
Michael Moore of the Franklin County Sheriffs Department as reasons for the
project's success.
The Franklin And Liberty County Task Force operates on a forty-eight thou-
sand dollar grant, which includes a twenty-five percent match from the two c
counties. As of 26 April, the Franklin & Liberty County Task Force have ob-
tained the followed goal objectives:


Obii4... t Goals Attained:











Published every other Friday


The Franklin Chronicle 5 May 1995 Page 5


Resort Village Owner

Seeks Procedural

Route for Siting Ten

Acres on St. George

Island

Through local attorney Ben
Watkins, Dr. Ben Johnson sought
and received information for the
procedure to develop a plan for
ten acres in his Resort Village
project in the middle of the Plan-
tation on St. George Island at the
2 May Franklin County Commis-
sion meeting.

County Planner Alan Pierce re-
ported to the Board of County
Commissioners that a proposed
site plan for 10 acres in Resort
Village would not contain any
multi-family units. Pierce told the
Board that he had written several
persons in various agencies to ob-
tain their opinion on what the
county should require of Mr.
Johnson in order to carry out the
ruling of the recent Florida Land
and Water Adjudicatory Commis-
sion (FLWAC) decision, Pierce
asked specifically about whether
proposed commercial develop-
ment would require another
amendment to the 1977 Develop-
ment Order (DO) for St. George Is-
land.

Dr. Johnson has argued against
the amendment process because
he felt it was unfair to require him
to amend something which was
already approved. Secondly, the
FLWAC ruling requires that the
Board of County Commissioners
hold a public hearing to consider
the site plan, with a number of
specific requirements included.


Ben Johnsn aWt


Ben Johnson and his local attorney Ben Watkins


Pierce added, "...My argument is
that while the FLWAC ruling did
not say that an amendment was
necessary, it did say that the site
plan had to be consistent with
Chapter 380 F. S. (Florida Stat-
utes) and Rule 9J-2, F. A. C.
(Florida Administrative Code).
These two documents relate to
DRI's (Development of Regional
Impact) and one way to make sure
a site plan is consistent with these
two laws is to make the siteplan
an amendment and have the state
review it." As of 2 May 1995,
Pierce had not received answers
to his inquiries except from Mike
Donovan (Apalachee Regional
Planning Council) who favored the
amendment process.

Commissioners also raised the
question about any future plans
or the entire property owned by
Dr. Johnson, owner of Resort Vil-
lane. Dr. Johnson said that he
would be able to provide a con-
ceptual plan for the remaining
acreage but that developing a de-
tailed site olan for ten acres would


reach the limit of his resources.
He also indicated that a possible
state purchase of some of his land
would alter any overall plan, and
market conditions are too dy-
namic to create detailed plans
overall.

His attorney, Ben Watkins, cited
the Timber Island plan for a sea-
food industrial park as one ex-
ample of detailed plans that now
have to be drastically revised,
given changing market conditions
in the seafood business.

Another lingering question is
whether any plans might consti-
tute substantial deviation, and
Spring forward a'full review of the
project at the regional or state
level; a view introduced by Dr.
Tom Adams and Commissioner
Raymond Williams.

The next step is for Dr. Johnson
to submit his specific plans for the
ten acres, and a conceptual plan
for the overall project.


C&ebrate Florid,,


Territorial Period
Andrew Jackson was appointed Military Governor. He was
directed to receive, possess and occupy the ceded lands,
govern the Floridas, and to establish a civilian territorial
government. Flags were exchanged at St. Augustine,
_ Pensacola, and St. Marks. Jackson reorganized the two
Floridas into one territory, with two counties, St. Johns
and Escambia. St. Augustine and Pensacola were still the
f main governmental centers. It was too dangerous to alter-
A Brief History- nate meeting places for the Territorial Legislative Council
(one delegate was lost at sea as he traveled around the
Seris peninsula); therefore, the Council decided to establish a
A Serinew capital in Middle Florida, somewhere between the
Suwannee and Apalachicola Rivers. Representatives John
Williams from Pensacola and William Simmons from St.
Augustine met near St. Marks and explored the Middle
Florida area. They agreed upon the site of a former Indian
town, Tallahassee (meaning Old Town or Old Fields), for
the location of a new territorial capital in October 1823.
Tallahassee was established as the new capital on March
4, 1824.


Quarterly

Board Meeting

Sails Smoothly

into Plantation

Business

Led with the announcement that
Association secretary Susan
Gunn had given birth to a baby
boy, and was on a long maternity
leave, the Board of Directors at
the St. George Island
Homeowner's Association came to
order on Saturday morning, 8
April 1995. The full board was
present along with Association
attorney Barbara Sanders, and
Manager Wayne Gleasman.

Twenty-six Association members,
lot and homeowners, were also
present in the Clubhouse, as the
meet g turned to a revised
agenda involving a discussion of
the Dr. Ben Johnson agreement
and the two proposals which had
been circulated. Dr. Tom Adams
publicly thanked Association
President Lou Vargas for opening
the Board meeting up to discus-
sion from the floor.

One point that seemed to impress
the assembled members was the
legal conclusion that the Associa-
tion could not unilaterally rescind
the earlier agreement (under chal-
lenge) with Dr. Ben Johnson. This
requires mutual consent between
both parties.

President Vargas added that one
of the major frustrations of the ne-
gotiations with Dr. Johnson is the
fact that much of the content of
those discussions was being done
"in public".

Then, the Board moved to another
agenda item involving procedures
and mailings to the membership.
Board member Pamela Amato
moved to adopt some portions of
a previous procedure on mailings,
the Board eventually decided to
table the motion until the next
meeting.

Bob Shriver, Security, discussed
the problem with identifying mo-
tor homes, and the problem of
accommodating these large ve-
hicles in the Plantation. The Cov-
enants required that these ve-
hicles be screened from view from
the road. Some discussion fol-
lowed.

John Gelch moved to authorize
the Association Manager to invest
monies into short term Certifi-
cates of Deposit, approved by the
Board.


Under old business, the Associa-
tion policies at the airport were
identified and discussed. Visits to
the airport merely to look it over
have been prohibited.

The Board did not approve a pro-
posals from two homeowners
which proposed that one-half of
a one acre lot between two Gulf-
front be incorporated into the
Baldino and Davis home sites for
purposes of dues assessment.
There was some concern about
losing the full dues on the divided
lot and setting a precedent. Mr.
B. L. Cosey pointed out that such
a change in dues has to be back

FISH TALES


ACROSS
1. Check's
alternative
5. Piano key
9. Whirlpool
12. Type size
16. Dog food brand
17. Make text
changes
19. Woman's garb
20. Franciscan.
for one
21. Fishy U.S.
govt. post?
24. Not binding
25. Wind
phenomena
26. Currently
27. "Pampered'
ones
28. Persian, for one
29. Fallen angel
30. Cake recipe
direction
31. Bratlike: var.
34. Club member
35. Itsy-bitsy
36. Opening trio
39. Fishy compo-
sition?
43. Derogatory
remark
44. Wear out
45. Elected one's
title: abbr.
46. Diving bird
47. Rosemary,
for one
48. Drinks
49. Fishy metal
sconces?
54. Former
Soviet div.
55. Product made
trom rice
56. Arrow poisons
57. Most modern
58. Albert or Victoria
59. Backward spins
60. Burgundy pop
61. On the move
64. Parts of large
intestines
65. Chalet location
66. Word with bath
or door
69. Aviate as a hob-
by, fish-style?
72. Roy's mate
73. Yummy
74. Poet's
contraction
75. Title for Cagney
or Lacey: abbr.
76. code
77. Aphrodite's son
78. Tri-level dwelling
for fish families?
84. Sped
85. Glove
86. Fling
87. Gold bars
88. Floating object


89. Ernle and family
90. Prefix or room or chamber
91. Word with dog or Pie
94. Subdued
95. 1st floor-2nd floor connector
99. Bewitch
100. Forfeits a game, fish-style?
102. 1/2 of a funny pair
103. Pitcher's goals
104. River through Paris
105. _Major
106. Hooters
107. Ungerie item
108. Dill herb
109. Genesis name
DOWN
1. Script learners
2. Choir member
3. Incite
4. Old wind instruments
5. Must
6. Polynesian rovers
7. Bills
8. High school subl.
9. Tinfoil alternative
10. Clergyman's advice
11. Do poorly
12. Investigate
13. MCI
14. Lawsuit
15. God of war
18. Keep after school
19. Family cars


by Calvin R & Jackle Mathews

20. Unreliable
22. Frenchmen
23. this world; supernatural
27. Money holder
29. Pieces of paper
30. Delta
31. Fern. titles
32. Gramm and Collins
33. Boatman
35. Harvey and Simon
38. TV sit-com (197885)
37. Male animals
38. Colgate's rival
40. Duck's partner
41. Can; Sammy Da-
v ls Jr.'s autobiography
42. Hot spot
43. MalIce
47. Oscar winners
49. Joe Don or James
50. Easy task
51. Loos
52. Asian nation
53. Caught some Z's
55. Region In France
58. Hoists
59. evil, hear...'
60. Disney character
61. Following
82. Barton or Bow
83. 1987 heavyweight champ
64. Gable role
65. Under the covers
66. Big name In New York


67. 91 Across's
kinsman
68. Cardinals an
Orioles
70. Very Irritable
71. Adored
celebrities
72. Unsafe
78. 22x 5x31
79. Poem features
80. Holiday times
81. Statements
of belief
82. Mosque tower
83. _-top shape;
physically fit
85. King Tut., now
88. Crows
89. Vermicelli
90. Make amends
91. Reverberate
92. Man who wrote
Pygmalion
93. Maiden or Marx
94. Sightseeing trip
95. Short drive
96. Current
conductor,
97. Helper: abbr.
98. Slangy reply
100. Hita ball
101. Professionals'
org.


0 Puzzle Feaures Syndicate -.


1I M


- ..a.-' a I


, *h 9- %


i k-l'j I


UMM L
Ilrllll[er~ e~7~11~b.


~ss~s'a


The Cut


Connie operates 'The Cut" in the
new Palm Court shopping center,
with full service hair, nail, tan-
ning. and name products Ap-
pointments or walk-ins are taken
at The Cut. which is open Tues-
day through Saturday 9-6.
Connie can be reached at 90r4927-
3500.


some days. Name products such
as Biolage, Paul Mitchell, TIGI and
Matrix skin care products are also
available in Connie's salon. Above
all, the shop has a friendly, warm
atmosphere where good service
and conversation can be found.


incluamg true izuu upi output,
and experienced operators.
Mullins told the Chronicle that he
has the services of "the best
Hawkins Printing graphic designers in the county,"
Now available in Franklin County Susan Stanton and Bill Manning.
are high quality, multi-color off- (pictured above near the com-
set printing services at affordable puter console) Mullins is shown
prices without having to drive with his new two-color A-B Dick
most of the day to get it. Oper- printing press, printing two col-
ated by Tim Mullins, Hawkins ors in one pass with hairline reg-
Printing and Graphics is conve- istration. The Hawkins printing
niently located in the new Palm operation currently publishes
Court shopping center, offering business cards, letterheads, en-
the latest in desktop publishing, velopes, brochures,newsletters,


menus, nyers, pamphlets, posters are also prices on roses and car-
and labels. nations. There are also wicker
Paradise Gardens baskets, handcrafted gifts, and of
Ms. Cindy Mercer (pictured far course flowers, and flowers, de-
right) owns and operates St. livered throughout Franklin
George Island's only floral shop. County if you want, or wired in-
In the Palm Court shopping cen- ternationally. Don't forget
ter, her Paradise Gardens sells Mother's Day and that special
fresh flowers and a wide range of bouquet. Gift baskets start at
other gifts. original artwork such $19.95. Paradise Gardens are
as oils by Debbie McCormick, open Monday through Saturday,
Lucy Wilson or Norm Peavy; acryl- 9 to 5:30 p.m.
ics by Steven Saunders, or Pot-
tery by E. S. Lardeut are special
offerings at the Gardens. There Two Gulls on the Beach

In Palm Court shopping center,
e St. George Island, Judy Taylor has
established her fourth shop in
Franklin County, but this one is
called Two Gulls on the Beach.
She started Two Gulls in
Carrabelle five years ago and it is
still going strong, but each shop
is unique to its area. Pictured on
the left are lamps and wall
mounts reflecting pelicans and
fishing, familiar sights and events
for the island locale.

There are also thousands of items
in each store, and the store on St.
,I George is the largest in the Palm
Court shopping center. The price
range is 99 up to $1500 -
something for everyone on every
budget. Store hours: 7 days a
week, 10 6 p. m.


to the membership for a vote. The
motion to divide and combine the
portions to the respective owners
was denied.

Other business included a lengthy
discussion on dune trespass.

Job descriptions for the Associa-
tion Manager and Security Officer
were approved.

There was also some discussion
on the proposal that Casa Del Mar
join the Plantation Owners Asso-
ciation, and discussions of this
matter will continue.










P a g 6 a 9 5 T e F a k i h o i c eP b i h d e e y o h r F i a


Elementary Student

Artists Dazzle

Community at Franklin

Special Arts Festival


Ing.


Brown Elementary was the site for art, music and drama at the fourth
annual Franklin Special Arts Festival on 28 April. The theme for the
festival was, "Our World: As We See It." Posters, paintings, puppets,
miniature castles and murals were just some of the artistic works
that adorned the Brown Elementary gymnasium. A "Multicultural
Band Stand" was the center of attention and included miniature drums
and home made maracas. A small cafe and pizzeria was also tucked
in the corner of the gymnasium for students to sit, chat and dine. The
cafe was surrounded by paintings of Italian landscape to help ensure
that each student experienced Italy to their fullest capacity.
The program started off with a Banner March by Pre-K through sixth
grade students from Brown Elementary. The students carried ban-
ners that spelled out the theme, Our World As We See it. On each
letter of each banner, a special message was also printed.
Executive Director Rose McCoy followed by awarding Brown Elemen-
tary with a four hundred dollar donation from the Knights of Colum-
bus for the fifth annual art festival. Ms. McCoy thanked the Knights
of Columbus and the University Of Central Florida for their contribu-
tion to the 1995 Franklin Special Arts Festival. Over six hundred
dollars was contributed to the fourth annual art festival by the Knights
of Columbus. Ms. Rose McCoy also applied for and received a grant
for over nine hundred dollars from the University of Central Florida
entitled, Arts for Complete Education.
Apalachicola High School student Savannah Rhew followed with the
Pledge of Allegiance in sigi language. Ms. Rhew's Pledge of Allegiance
was followed by several skits.
Carrabelle elementary students from Pre-K through sixth grade be-
gan with a "May Day" skit in which they danced around a May Pole.
Ms. Gywne Creamer's Pre-K students followed with a musical parade
entitled, "It's a Small World."
The final performance was an eight minute dramatization of people
trying to live together harmoniously. The skit was called "The Land of
Many Colors." Carrabelle elementary students performed the skit by
sectioning off four different groups. Each group wore a particular
color. The colors represented the differences on the land of many
colors. The students conveyed a message through dramatization that
differences can be successfully put aside and that people with differ-
ences can live together harmoniously. The skit ended with the stu-
dents building housing for one another and singing, "The More We
Get Together."
Brown Elementary instructor Babs Bailey followed by reading the
story, Moon Rope, in Spanish to those assembled. Brown Elementary's
first grade student John West concluded the program's introduction


with a drum solo.
Festival Coordinator Nina Marks then explained the afternoon's pro-
grams to the students. Ms. Marks explained.to the students that they
would be eligible for prizes at the end of the day if they completed
their cultural trivia questions and deposited them into several of the
animal shaped trivia boxes. Some trivia questions included matching
an animal with its native continent. Ms. Marks also explained that
the students would each receive a passport and could visit each of
the six continents that were decorated in the room. Once at the con-
tinent, the students were asked to complete two cultural activities.
The students passports were marked with a star for each activity
completed.
The Carrabelle Pre-K students bean their trip on the continent of
Australia, Antarctica and the Arctic. The students were asked to cre-
ate an Outback Boomerang and a Bolo tie. The Brown Pre-K students
began their trip on the continent on Asia; they were asked to create
an Oriental Fan and a Slithering Dragon. The Chapman Pre-K stu-
dents began their trip on the continent of Africa; they were asked to
create a Ceremonial Mask and a Tiger Claw Necklace. Carrabelle El-
ementary students began their trip on the continent of North America;
they were asked to create dreamcatcher and pose for a picture for
their passport. Chapman Elementary students began their trip on
the continent of South America; they were asked to create a worry
doll and were allowed to play on the instruments of the Multicultural
Band Stand. The Multicultural Band Stand was created by Dick and
Lydia Countryman. The Brown Elementary students began their trip


on the continent of Europe; they were asked to create a Mirrored
Sculpture and to visit the painting center. The Little Italy Pizzeria was
also located in the continent of Europe. Students were treated to small
pizza's at the pizzeria.
Contributors to the 1995 Franklin Special Art Festival included: Rose
McCoy, The Knights Columbus, The University of Central Florida &
the Arts for Complete Education Grant, Fay Burton and the Franklin
County Food Services Staff, Carrabelle student helpers Casey Creamer,
Crystal Moore, Corey Segree, Stephanie Segree, Jonathan Tindell,
Mandy Evans, Jamie Hilton, Eric Register, Jan Shiver and Dina Wil-
son, Principal Clayton Wooten, student helpers from Brown Elemen-
tary, Mrs. Allen, Mrs. McKinney, Mrs. Shirley and Ms. Babs Bailey,
The Port St. Joe Paper Company, Eric Teat, Dick and Lydia Country-
man, Principal Janis Gordon, Gulfside IGA and Mr. Dooley, Red Rab-
bit Foods and Mr. McLemore, Mrs. Annie Carolyn Martina and Gen-
eral Coordinator Nina Marks.

ma -tHr- '


Finances Addressed
at Special Meeting of BEST FOOT
Franklin CountyRWA
School Board FORWARD


According to Finance Officer John
Reiman at a 26 April special meet-
ing of the Franklin County School
Board, the Franklin County
School District will have a de-
creased rollover rate in its next
budget year. The decreased rate
means that the school district will
have less money in its budget for
next year. Mr. Reiman did note
that the 94-95 budget had in-
creased slightly to $7,604, 393
with the help of a Blueprint for
Career Preparation Grant. The
school district's expenditures,
said Reiman, are expected to ex-
ceed the expenditures of the pre-
vious year by 3.3%. The projected
fund balance for 94-95 is
$113,934. The fund balance of the
previous year was $260,000.
As a note of interest, the Frank-
lin County School District will re-
ceive approximately $42,024 from
a drop out program run by Inner
Harbour Hospital.
In other board news, Superinten-
dent C.T. Ponder announced that
the district's Awards Banquet
would occur on 15 May at 7PM.


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By Dr. Stephen J. Gross


WHO'S WALKING
Walking has replaced swim-
ming as the favorite form of
exercise, according to a national
survey. About 65 million Ameri-
cans walk for exercise several
times a week. Some have sub-
stituted walking for more
strenuous exercise, like jogging.
Some are former couch pota-
toes who have taken to walking
for weight control or other
health benefits. Walking regu-
larly, even at a moderate pace,
can be beneficial. Older people
and those who have been inac-
tive should get a complete
health checkup before starting
a vigorous walking program.
Walking has certain advantages
over other forms of exercise. It's
free, you can do it whenever you
are ready, and it doesn't require
any special equipment other
than appropriate shoes. They
should fit comfortably and pro-
vide adequate support, cushion-
ing and flexibility.
Some pass up walking because
of foot problems. If this is the
case, see your podiatrist.
Presented in the interest of
better foot care by:
Dr. Stephen J. Gross
Hwy. 98
Eastpoint, Florida

670-8999


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1. I


Page 6 5 May 1995 The Franklin Chronicle


Published every other Friday









Published every other Friday


The Franklin Chronicle 5 May 1995 Page 7


Preparing

For Title 1

Funding


The advisory board committee for
Browne Elementary continued to
prepare themselves for their first
year implementation of Title 1
funds at their 25 April meeting.


926-7530
For Food Orders


Wedding & All Occassion
Cakes Our Specialty


Additions, Roofing, Patios,
Painting, Blockwork, Etc.
DON LIVELY CONSTRUCTION
GENERAL CONTRACTOR
RC 0066499 RG 0065255
P.O. BOX 170 (904) 697-2078
CARRABELLE, FL 32322


The board noted that a shift in the
allocation of Title 1 funds would
begin on 1 July, 1995. The shift
stems from a philosophical
change in the federal legislation
to place educational monies at the
discretion of local school districts,
rather than at the discretion of the
federal government. "We won't be
able to alleviate all our problems
with the Title 1 Funds," noted
Principal Janice Gordon.
Ms. Gordon noted that new state
requirements were pressing for
higher state test score. Franklin
County's students will be required


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to score satisfactorily on the CTBS
Test, which consists of math,
reading and language skills, and
the Florida Writes Test, in which
Franklin County ranked among
the lowest in Florida. Principal
Gordon stated that fifty-one per-
cent of the district's students will
have to score at least fifty percent
or better on the CTBS test. "The
more points we have," said Ms.
Gordon, "the better chance we'll
have for this funding." Principal
Gordon also noted that the state
will now require school districts
to score at least a three on the
scale of six in the Florida Writes
Exam. The state average, said
Gordon, is 2.4 on the exam. "Next
year is going to be a learning situ-
ation," said Gordon, "They're (the
state) looking at excellence.
They're not looking at growth. In
order to have excellence, you have
to have growth."
Franklin County's school district
may be required to have at least
two of the three schools meet state
standards in order to receive fed-
eral funding. The state, however,
has not yet threatened the school
districts with the loss of federal
funding if state standards are not
met. Franklin County's schools
received over three hundred and
forty-eight thousand dollars.
Browne Elementary School re-
ceived approximately seventy-two
thousand dollars from that fund-
ing.

Carrabelle High School
Advisory Board
Confronts Alcohol
Consumption in
School

An empty bottle of Mountain Dew
containing a faint scent of alco-
hol was brought before the
Carrabelle High School Advisory
Board at their 27 April meeting
and further fueled discussions
about students being allowed to
bring soft drinks into the high
school.
Chairperson MariBeth Diflorio
immediately stated her opposition
to students bringing soft drinks
into the schools. "I've never been
in a school where soda was al-
lowed. If even one student is al-
lowed to bring a soda bottle into
the school, then I think it's a prob-
lem." Instructor Mickie Gaye ar-
gued, "I think we need to control
this, so people don't abuse it."
Principal Clayton Wooten noted,
"Us saying none {no soft drinks
allowed in the school}, I'm not
sure I'm willing to do that." Com-
munity member Will Morris felt
that the schools were "coddling"
the students by allowing them to
bring snacks and soft drinks into
the schools. "You've got a situa-
tion were it's like people \who put
coca-cola labels on their beer cans
to fool the police. People will try
to get away with what they can."
The advisory board then voted to
recommend to the faculty and
staff to either limit or eliminate
soft drinks being brought into the
high school.
The advisory board then ad-
dressed the possibility of reacti-
vating a Discipline Committee.
Carrabelle High School did have
an active Discipline Committee
two years ago. "If you have a child
involved in a serious problem,"
offered Officer Bruce Varnes, "It's


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important that it be brought to
our attention, too." The board
voted to recommend reactivating
a Discipline Committee to the fac-
ulty and staff.
Board members also recom-
mended mailing notices home to
parents when a student violated
a certain amount of school ordi-
nances. The board decided to
reach a mutual consensus with
the faculty and staff on the
amount and severity of a
student's infractions upon school
ordinances, before a notice is
mailed home. Some board mem-
bers worried that the school may
incur inordinate postage expenses
if notices were sent home for ev-
ery minor infraction.
At the urging of Chairperson
Diflorio, the advisory board voted
to encourage promoting alterna-
tive and vocational education in
the high school. "If a child has
academic problems," said Nan
Collin "that spills into the class-
,room and creates social prob-
lems." Chairperson Diflorio urged
board members to reinstitute a
Distributive Cooperative Training
(DCT) Program in the school. The
program allows students to gain
on-the-job experience, while re-
ceiving academic credit. Ms.
Diflorio also questioned how the
high school could take a more
active role in placing students in
vocational schools, as Lively and
Haney Vocational School after
graduation. Instructor Mickie
Gaye noted that the recent drop-
out rates of Carrabelle students
at the two vocational schools were
extremely high. Mr. Gaye also
noted that some of the vocational
programs at the two schools were
inferior to high school vocational
programs. "But there are forty-
two programs to choose from,"
stressed Diflorio. The board also
discussed getting more aides into
the high school for vocational pro-
grams. Mickie Gaye noted, "there
are many people who I fall back
on for information, but who are
not certified to teach school. They
probably won't come in, unless we
make them a part of the school."
The board also voted to recom-
mend classroom panic buttons to
provide two-way communication
between teachers and the main.
office, that the parent/teacher
conferences be in the fall (after the
students' second report card) and
that the open house be in the
spring and to place cellular
phones (or an equivalent form of
communication) on the school
buses. The board also agreed to
reach a mutually acceptable form
of detention for Eastpoint and
Carrabelle students. Some board
members worried that Eastpoint
students who served detention
may not have transportation back
to their homes.
Ins ru ctor Mickie Gaye concluded
the meeting by advising board
members and community mem-
bers to contact their county com-
missioners in regard to a com-
ment made by County Chairman
Jimmy Mosconis at an 18 April
meeting. "There was comment in
the paper by one of the commis-
sioners about getting out of the
'library business' and I don't think
that's a good idea. A lot of our kids
have been helped by programs in
the library." Officer Bruce Varnes
concurred, "I've seen a great turn-
around in some of our kids be-
cause of the library."


13
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I









Page 8 5 May 1995 The Franklin Chronicle


Published every other Friday


Second Circuit Court


Judge P. Kevin Davey


Assistant State Attorney Frank Williams
Public Defender Kevin Steiger

2 May 1995

Shawn V. Brown: Charged with one count of Aggravated Assault with
a Deadly Weapon and one count of Sale of a Controlled Substance,
the defendant pled no contest to the charge of Sale of a Controlled
Substance. Judge Davey adjudicated the defendant guilty and sen-
tenced him to twenty-two months in the Wakulla County Jail. If the
defendant is released before his twenty-two months of incarceration,
Judge Davey ordered that he serve the balance of his sentence on
probation. Judge Davey also fined the defendant three hundred and
fifty-five dollars and ordered him to pay two hundred dollars to Fran-
klin County as reimbursement for his public defender. 'This is the
last time for defendant Brown," declared Assistant State Attorney
Frank Williams, "If he comes back, he'll qualify for the habitual of-
fender program." The defendant was represented by Kevin Steiger.
Danny Wallace: Charged with one count of Battery on a Corrections
Officer and one count of Burglary of a Dwelling, the defendant pled
not guilty. Judge Davey continued the case for trial on 18 May. The
defendant was represented by Kevin Steiger.
Billie Jo Byrd: Charged with one count of Principal in First Degree
Murder, the defendant pled not guilty. Judge Davey continued the
case for pre-trial on 17 July. The defendant was represented by J.
Gordon Shuler.
Jay Cleaveland Nix: Charged with one count of Second Degree Mur-
der, the defendant pled not guilty. Public Defender Kevin Steiger stated
that the defendant was mentally unstable and requested that Judge
Davey continue the case at least two months later. Judge Davey con-
tinued the case for pre-trail on 17 July. The defendant was repre-
sented by Kevin Steiger.
Barry P. Martina: Charged with one count of Grand Theft of a Motor
Vehicle and violation of probation, the defendant pled no contest the
charges. Judge Davey adjudicated the defendant guilty, revoked his
previous probation and sentenced him to eighteen months in the De-
partment of Corrections followed by two years of probation. The de-
fendant will have to pay eleven hundred dollars to the Franklin County
Sheriffs Department for investigative costs (the defendant had fled to
California) and five hundred dollars to Terry Downden as restitution
for damages to her stolen vehicle. Judge Davey waived the remaining
court costs and the public defenders' lien. The defendant.was repre-
sented by Kevin Steiger.
Douglas Eugene Catt: Charged with one count of Grand Theft Auto,
the defendant pled no contest to the charge. Judge Davey adjudi-
cated the defendant guilty and sentenced him to twenty four months
in the Department of Corrections. Judge Davey ordered that the de-
fendant serve his sentence concurrent with an eight year sentence in
Taylor County. The defendant was given thirty nine days of jail credit
for time served. Judge Davey entered a Civil Judgment against the
defendant for two hundred and fifty-five dollars in court costs and
two hundred dollars as reimbursement for his public defender. The
defendant will be required to pay the Civil Judgment after his release
from incarceration. The defendant was represented by Kevin Steiger.
George Stephen Branch: Charged with one count of Cultivation of
Cannabis, the defendant pled no contest to the charge. Judge Davey
adjudicated the defendant guilty and sentenced him to two years of
probation. Judge Davey also fined the defendant two hundred and
S fifty-five dollars and ordered him to pay two hundred dollars as reim-
bursement for the services of his public defender. Assistant State
Attorney Frank Williams noted that he did not request jail time for
the defender, because he pled to the charge. Mr. Williams said that he
would ask for sixty days in the Department of Corrections for defen-
dant Tammy Shiver, who had similar charges pending. The defen-
dant was represented by KevirnSteiger.
Tammy H. Shiver: Charged with one count of Principal in First De-'
gree to Cultivate Cannabis, the defendant pled not guilty to the charge.
Judge Davey continued the case for pre-trial on 17 July. The defen-
dant addressed Judge Davey during George Stephen Branch's case
and questioned why she would receive prison time if she challenged
the charges that were against her. The defendant also questioned
Judge Davey on the matter of Mr. Branch's plea bargain. She felt
that, if she had to serve time in the Department of Corrections, Mr.
Branch should also have to serve time. George Branch turned to the
Ms. Shiver during his case and motioned for her to be quiet. "He's
(Frank Williams) made me an offer and tried to get me to plea bar-
gain," said Shiver pointing to the Assistant State Attorney, "But I'm
not guilty of this. I have two kids, I can't go to jail." Judge Davey told
the defendant that he didn't want her to plead to the charge that was
against her if she was not guilty. "We have trials to establish guilt or
innocence. That's what they are for," said Judge Davey. The defen-
dant was represented by Kevin Steiger.
Angela Marie Sellers: Charged with one count of Battery on a Staff
Member of a Detention Center (Inner Harbour), the defendant pled
not guilty to the charge. Judge Davey continued the case to 5 June.
The defendant was represented by Kevin Steiger.
Elizabeth Ann Johnston: Charged with one count of Battery on a
Staff Member at a Detention Center (Inner Harbour), the defendant
pled not guilty to the charge. Judge Davey continue the case for pre-
trial on 5 June. The defendant was represented by Kevin Steiger.
Mathew Louis Hadjducer: Charged with one count of Grand Theft,
the defendant failed to appear in court. Judge Davey issued a capias
for the defendant's arrest.
Johnny William Warner: Charged with one count of Burglary of a
Structure, the defendant pled not guilty. Judge Davey continued the
case to 5 June. The defendant, who is from Moultrie, Georgia, was
arrested in Georgia. The defendant stated that he would hire his own
attorney.
Ernest Green: The defendant was found guilty by jury on 20 April for
Sale of a Controlled Substance; prior to sentencing, Judge Davey de-
nied a motion to file for a new trial. Judge Davey then adjudicated the
defendant guilty and sentenced him to thirty months in the Depart-
ment of Corrections under the guidelines of the Habitual Felony Of-
fenders (HFO) program. Under HFO, the defendant will be required to
serve at least seventy percent of his sentence. The defendant was also
sentenced to twelve months probation following his prison term. Judge
Davey fined the defendant three hundred and fifty-five dollars and
ordered him to pay five hundred dollars for the services of his county
appointed public defender. The defendant was credited with one hun-
dred and thirteen days of jail credit for time served. Assistant State
Attorney Frank Wjlliams argued that the defendant should receive a
lengthier prison sentence. Williams said that the defendant received


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a ten year prison sentence in 1989 and only served two years of the
sentence. He also stated that the defendant received a twelve year
prison sentence in 1991 and only served two years, also. "He's been
selling from the same location," vented Williams, "This is a drug dealer.
The state has tried to protect us from these types of people, but has
failed to to so. When he comes back, he'll victimize us with new crimes."
Public Defender Kevin Steiger argued that the defendant had mostly
a non-violent record. He stated that the defendant had a father, who
relied primarily on the defendant for care. Steiger finally stated that
the defendant had back problems and a kidney disease, which would
greatly cost the state in medical expenses. Judge Davey responded,
"I realize he has a kidney disease, which may cost the county a good
deal of money; and I realize the Department of Corrections might let
him out for that reason. We judges don't have much to do with the
fairness of sentences any more. It's gonna' be a sad state of affairs
when a person gets a light sentence or no sentence, because it costs
more to keep him in jail." Judge Davey concluded by telling Assistant
State Attorney Frank Williams that the state should have sought
habitualization for Floyd Parramore, rather than for Ernest Green.
Mr. Williams stated that he was fortunate to get a convictions for Mr.
Parramore, because the victim refused to press charges. The defen-
dant was represented by Kevin Steiger.
Willie B. Hines: The defendant was found guilty by trial on 27 March
for Aggravated Battery with a Firearm. Prior to sentencing, Judge
Davey denied a motion to file for a new trial. Public Defender Kevin
Steiger argued against habitualizing Mr. Hines and stated that the
defendant had not been involved in a violent crime for almost twenty
years. Steiger also argued that the defendant's victim was not "seri-
ously" injured; he pointed out that the victim had been able to walk
freely into the court room to testify against Mr. Hines in his 27 March
Trial. "Do you expect me to believe that it's not a serious injury,"
countered Judge Davey, "When you're wounded by the caliber of
weapon that was used and when a medical doctor has to surgically
remove the bullet." Mr. Steiger stated that he was just doing his job
by defending his client and that the classification of a serious injury
was a "judgment call." Mr. Hines allegedly shot Lamont Stafford in
the thigh as he was running away. Assistant State Attorney Frank
Williams stated that Mr. Hines was not charged with a crime for nearly
twenty years, because he was in prison for most of that time. Will-
iams stated that Mr. Hines was charged with two Federal counts of
armed robbery in 1977 and was sentenced to twenty years in prison.
Mr. Hines was released on probation in 1991 and was rearrested in
1993 for violation of probation. After two addition years of prison,
Hines was released and was again arrested for his most recent charge.
"Society has been provided some protection from the defendant," stated
Mr. Williams, "But his record demonstrates that as soon as he gets
out, we will again be his victims." Williams urged Judge Davey to
place the defendant in the Habitual Violent Offenders Program. Steiger
objected, 'This is a twenty-three year old conviction. It is not timely."
Mr. Steiger continued, "If Mr. Hines was truly violent, he would have
committed a crime while he was prison." Steiger reasoned that, since
prisons contain a multitude of criminal minds and influences, it would
be only logical that Mr. Hines would commit a crime while incarcer-
ated if he were truly predisposed to criminal acts. "This.was not a
random act of violence," noted Mr. Steiger, 'This involved Mr. Hines'
fiance and her ex-husband." Willie Hines concluded, "I have been in
constant threat of being habitualized. They Iprosecution} wanted me
to take a plea and accept three years. I had no way of representing
myself. I don't know nobody here. I haven't been in a court house for
twenty years. I came here {to Franklin County) to make my life worth
living. I've been in trouble all my life and I came here to get married."
Judge Davey then adjudicated the defendant guilty and sentenced
him to one hundred and ten days months in the Department of Cor-
rections followed by thirty-six months of probation. The defendant
will be required to pay one thousand nine hundred and eighty dollars
to Lamont Stafford as restitution. In addition, Judge Davey fined the
defendant two hundred and fifty-five dollars and ordered him to pay
five hundred dollars to the county for his court appointed public de-
fender. To satisfy conditions of probation, Mr. Hines will not be al-
lowed to have contact with Lamont Stafford. The defendant was given
one hundred and seventy-seven days of jail credit for time served.
The defendant was represented by Kevin Steiger.
Curtis Monroe: Charged with one count of Grand Theft, the defen-
dant pled not guilty. Judge Davey continued the case for pre-trial on
7 July. The defendant complained that he had been arrested four
months ago and had yet to receive a trial. "But you're out of jail now,"
said Mr. Steiger, "Many others are still in jail and we have to get to
them. It's kind of like the army here. You just have to take a number."
The defendant was represented by Kevin Steiger.
Ross Edwards: Charged with one c'ni t of Burliary of a Dwelling. the'
defendfat p~led no contest to the cHiage of second degree burglaery.
Judge Davey adjuidicated the defnidcaht guilty and'seniened him to
eighteen months in the Department of Corrections followed by one
year of probation. Judge Davey fined the defendant two hundred and
fifty-five dollars and ordered him to pay two hundred and fifty dollars
to Franklin County as reimbursement for public defender services.
The defendant will also have to pay two hundred dollars in restitu-
tion to Florine Work. The defendant was given sixty-seven days of jail
credit for time served. The defendant was represented by Kevin Steiger.
Rufus Townsend: Charged with one count of Possession of a Firearm
by a Convicted Felon, one count of Sale of Cocaine, one count of
Battery on a Law Enforcement Officer and two counts of violation of
probation, the defendant pled no contest to the charges. Judge Davey
adjudicated the defendant guilty and sentenced him to five years in
the Department of Corrections. The defendant was given eighty-eight
days of jail credit for time served. The defendant was represented by
Kevin Steiger.
Michael Gloner: Charged with one county of Burglary of a Structure
and Grand Theft, the defendant failed to appear for his court date.
Judge Davey issued a capias for Mr. Gloner's arrest.
Scan R. Madison: Charged with one count of Possession of Cocaine
and Possession of Cannabis, the defendant pled not guilty to the
charge. Judge Davey continued the case for pre-trial on 17 July. Judge
Davey also denied the defendant's motion to return property. Police
Officers confiscated two thousand dollars from Mr. Madison when he
was arrested. Under the forfeiture laws, money and property can be
confiscated when seized in the proximity of a drug related arrest. The
defendant stated that Otis Owens of Carrabelle lent the defendant
the two thousand dollars to have his car repainted. The defendant
was represented by Kevin Steiger.

Continued on page 9


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The Franklin Chronicle 5 May 1995 Page 9


I


Court Dockets from page 8
William B. Mintz: Charged with one count of D.U.I. Causing Serious
Bodily Injury and D.U.I. Causing Damage to Person or Property, the
defendant pled no contest to the lesser charge of D.U.I. Causing Dam-
age to Person or Property. Judge Davey adjudicated the defendant
guilty and sentenced him to sixty days in the Franklin County Jail
followed by two years of probation. Attorney Timothy J. McFarland
requested that the defendant's sentence be suspended until 1 June.
McFarland stated that the defendant was a commercial shrimper and
that he would like to work on the bay until the net ban went into
effect. Judge Davey accepted McFarland's request and suspended
the defendant's sixty day jail sentence until 1 June. Judge Davey
fined the defendant six hundred dollars and gave the defense forty-
five days to arrive at a mutually agreeable restitution figure with the
victim. The victim in Mr. Mintz' D.U.I. suffered a broken collar bone.
'Thedefendant was represented by Attorney Timothy J. McFarland.
Michelle Scott: Charged with three counts of Battery on a Staff Mem-
ber of a Detention Center.(Inner Harbour), the defendant pled not
guilty. Judge Davey continued the case for pre-trial on 5 June.The
defendant was represented by Kevin Steiger.
Mekesha McKinney: Charged with three counts of Battery on a Staff
Member at a Detention Center (Inner Harbour), the defendant pled
no contest to the charges. Judge Davey adjudicated the defendant
guilty and sentenced her to eighteen months in the Department of
Corrections. Judge Davey also fined the defendant two hundred and
fifty-five dollars and ordered her to pay two hundred and fifty dollars
as reimbursement to the county for the services of her public de-
fender. The defendant was given seventy-six days as jail credit for
time served. The defendant, who was seventeen years old, waived her
Chapter Thirty-nine Statutory Review rights to contest being tried as
an adult. The defendant was represented by Kevin Steiger.

Andrew Jack Amerson: Charged with one count of Burglary of a
Structure and Grand Theft, the defendant pled no contest to the
charges. Judge Davey sentenced the defendant to twenty-four months
in the Department of Corrections and gave him thirty-five days as
credit for time served. "I appreciate the mercy of the court," stated
Mr. Amerson. The defendant was represented by Kevin Steiger.
Roderick Robinson: Charged withone count of Armed Robbery with
a Firearm and one count of Attempted Second Degree Murder, the
defendant pled not guilty to the charges. Judge Davey continued the
case for trial on 18 May. The defendant was represented by Kevin
Steiger.
Adrian L. Daniels: Charged with two counts of Sale of Cocaine, one
count of Resisting an Officer with Violence, two counts of Battery on
a Law Enforcement Officer and one count of Possession of Cannabis,
the defendant pled not guilty to the charges. Public Defender Kevin
Steiger requested a reduction in bond. Mr. Steiger said that the de-
fendant had a commitment from a friend to permit room and board
until the trial. Assistant State Attorney Frank Williams objected, "He
does travel around; he's not selective of where he commits his crimes."
Mr. Williams then began to read previous arrests of the defendant
from an N.C.I.C. (National Crime Investigation Computer) report. "He's
shooting from the hip on the N.C.I.C. report," objected Steiger, "which
I don't believe carry convictions. I think it's a waste of time." Williams
argued, "It's not a waste of time if you consider the friend he's to live
with...her husband's on probation for a violent crime." As Mr. Will-
iams continued to read from the N.C.I.C. report, the defendant com-
plained to his attorney, "He keeps acting like I'm convicted of all this
stuff." Mr. Steiger responded, "He's the Assistant State Attorney. That's
just the way he thinks." Judge Davey requested that the defendant
ask his friend to appear before the court to fully determine if that
person is reliable. "The legislature has decreed that you should not
hold someone in prison just to hold them. I haven't been one to do
so." Judge Davey mentioned that his two concerns were that the de-
fendant show up for his court date and that he not be a risk to com-
mit additional crimes. "And I just don't feel comfortable yet," con-
cluded Judge Davey. Public Defender Steiger said that he would raise
the issue at a later date. The defendant was represented by Kevin
Steiger.
Johnny Lee Jones: Charged with one count of Sale of Cocaine, the
defendant pled not guilt to the charge. Judge Davey continued the
case for trial on 18 May. The defendant was represented by Kevin
Steiger.
Catherine Tucker: Charged with seven counts of uttering a worth-
less check, the defendant pled not contest on 17 April to the charges.
Judge Davey eWiwthheld adjudicatlorq and sentenced the defendant to,
eighteen months of probation. Judge Davey also fined the defendant.
two hundred and fifty-five dollars., As conditions of probation, the
defendant will undergo a substance abuse evaluation and will not be
allowed to write personal checks, other than Estate Account Checks.
The defendant was represented by Attorney Lee Elzie.
Jeanette Kirvin-Floyd: Charged with one count of Resisting an Of-
ficer without Violence, the defendant pled not guilty to the charges.
Judge Davey continued the case for pre-trial on 5 June. "Realisti-
cally, I don't think it will get tried before July," noted Judge Davey.
The defendant was represented by Attorney J. Ben Watkins.
Steve Allen Johns: Charged with two counts of Attempted Lewd and
Lascivious Acts on a Child under 16 and violation of probation, the
defendant entered an admission of guilt. Judge Davey sentenced the
defendant to four years in the Department of Corrections and gave
him one hundred and eighteen days of jail credit for time served.
The defendant was represented by Kevin Steiger.
Steven Wayne Beebe: Charged with one count of Trespassing in an
Occupied Structure, Criminal Mischief and violation of probation, the
defendant entered an admission of guilt. Judge Davey revoked the
defendant's probation and sentenced him to three months in the
county jail with twenty-six days of jail credit for time served.
The defendant was represented by Kevin Steiger.
Floyd B. Parramore: Charged with three count of Violation of Proba-
tion, the defendant pled not guilty to the charges and was granted a
Violation of Probation Hearing. The defendant had previously been
found not guilty in a trial on the charge of Aggravated Assault. The
three violations of probation that the defendant was charged with
included consuming alcohol, failure to pay court fines and aggra-
vated assault. Since Mr. Parramore was on probation, the court was
able to try the defendant twice on the charge of aggravated assault.
Continued on page 10


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Wakulla

Superintendent
Loses Battle to
Cancer

Roger Stokley, Wakulla County's
superintendent for ten years, died
of stomach cancer on Thursday,
4 May 1995 at the age of 49. He
was superintendent from 1985
until last month when he stepped
down because of his illness. He
stimulated major construction
projects in the Wakulla including
two new elementary schools and
the renovations of Wakulla Middle
School and Wakulla High School.
He advised a Franklin County
panel looking into the feasibility
of school consolidation in 1991-
92 informing them of the Wakulla
experience with consolidation.

Services for Roger Stokley will be
at 10 a. m. Saturday, 6 May 1995
at Crawfordville First Baptist
Church. Memorial contributions
may be made to the Roger Stokley
Scholarship, Post Office Box 100,
Crawfordville, Florida 32326.


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the District hired Baskerville/Donovan. an engineering firm from
Pensacola, to conduct the research and assist them in the develop-
ment of the project. After completing the research, he noted,
Baskerville/Donovan's recommendation was to install the vacuum
system because it was the most "economical" way to correct both the
District's inflow/infiltration problems and the Gulf side property own-
ers' leaking septic tank problems. He concluded that the District
proceeded with the project based upon Baskerville/Donovan's rec-
ommendation to install the vacuum system.
(58) Mr. Jerry Ausley. District Director of the FmHA, advised that the
process for applying for and gaining approval of funding assistance
from the FmHA is a "long, drawn out process." He noted that the
process involves many steps with checks and balances along the
way to insure the integrity of the agreement. In a request such as
that submitted by the Lanark Water & Sewer District, he opined, the
most significant step in the process culminates with the compilation
and submission of a document that he referred to as the Preliminary
Engineering Report (PER). Mr. Ausley advised that the PER, which is
prepared by a qualified engineering firm, is significant because it
Continued on page 10


Bailey Cleared from page 1
this matter. While she was suspicious about the distribution of the
grant money awarded the District, she had never secured any docu-
mentation which would indicate that Bailey would have received any
payments from the funds. Pedder also stated to the Investigation that
she had found nothing in the records which would indicate that Bailey
received any payment in exchange for his managerial duties. Bailey
told the Investigation that he remained involved with the District be-
cause he was retired and "needed something to do." "I enjoyed the
work", he told the Investigation. "Self-satisfaction" was the reason he
worked without compensation.
Paragraphs (12) through (15) in the Report of Investigation state:
(12) A review of the District's financial records from 1979 through
October 26, 1994, reflects nothing which would indicate that the
Respondent ever received a "salary" from the District. Additionally.
the review verifies that the Respondent received only one travel re-
lated reimbursement check from the District during that period of
time.
(13) The Complainant maintains that the Respondent received com-
pensation in the form of "finder's fees." paid in return for his secur-
ing grant money for the District. Ms. Van Hamm indicated that she
has no documentation to support this allegation because the Re-
soondent refused her requests to review the District's books and
records. However, she added, because the Respondent was "in com-
plete charge (of the District)," she "assumes" that he paid himself the
finder's fees from the District's funds.
(14) The Respondent advised that since its creation in 1973 the Dis-
trict has received grants totaling approximately $1,894,000. He pro-
vided the following breakdown of grants awarded to the District:
$14.000 from the Department of Housing and Urban Development
(HUD) in 1975; $555,000 in 1975, $97,000 in 1979, and $712,000
in 1990 from the Farmer's Home Administration (FmHA); $17,000
from the Coastal Plains Regional Commission in 1979; and $500,000
from the Department of Community Affairs in 1988.
Note: The investigation revealed that the FmHA awarded the District
a grant of $362.000 in 1989. In 1990 the grant was increased to
$712,000.
(15) The Respondent advised that he had nothing to do with secur-
ing the 1975 HUD grant and he could not recall what, if any, role he
played in securing the 1975 1979or 1988 grants referenced above.
However, he acknowledged that he was instrumental in applying for,
and securing, the 1990 grant from the FmHA.

Charge II
A violation of FS 112.3135 was charged in that allegedly Mr. Bailey's
sister-in-law, Ms. Ann Bailey, or Anna Bailey, was employed full-time
as the District's "Secretary/Bookkeeper." Ms. Van Hamm also asserted
that Ms. Bailey was employed as the District's "monthly auditor of
financial records" for a period of time, simultaneous to Mr. Bailey's
tenure on the Board However, the Advocate's Recommendation and
the Report of the Investigation indicated that Mr. Bailey denied hiring
Ms. Bailey. "It.cannot be said with any degree of certainty, that Re-
spondent (Mr. Bailey) made a unilateral decision to hire her (Ms. Bailey)
as a replacement office manager, or whether that matter was brought
to the Commission and voted on, nor can it be determined whether
Respondent voted on Ms. Bailey's appointment to review the District's,.
monthly bank statements." Thus, Advocate Virlindia Doss concluded
there was no probable cause to believe that Mr. Bailey violated FS.
112.3135, the so-called "anti-nepotism statute". The Investigation did
reveal that Ms. Bailey earned $8,100 from the District between De-
cember 1979 and November 1993. Mr. Bailey stated that former Com-
missioner Burwell Harrison hired Ms. Bailey, with respect to the du-
ties of checking the bankbook, but this was denied by Harrison. How-
ever, Ms. Bailey corroborated the hiring decision by Harrison and the
minutes of the meeting at which Ms. Bailey was appointed confirm
this decision.

Charge III
In his complaint, Mr. Charles DeLille charged that Mr. Bailey violated
FS. 112.313(3) in that Mr. Bailey sold his vehicle to the District. DeLille
had no documentation to support the allegation. He also advised the'
investigator, Thomas W. Reaves, that he (DeLille) did not know the
make or model of the vehicle involved and that DeLille did not know
when the alleged sales occurred. Mr. Bailey refused to be interviewed,
about this allegation. A check with the Dept. of Highway Safety and
Motor vehicles records and titles for the past five years in- dictated,
that the District had not titled a vehicle during that period of time.
There was no evidence that Mr. Bailey ever sold a vehicle to the Dis-
trict.-
-5-
Charge IV
Mr. Bailey was alleged to have misused grant and loan monies awarded
to the District, a violation of FS 112.313(6). The Report of Investiga-'
tion reports (paragraphs 52 through 61) the following:

52) Mr. DeLille advised that in 1989 the FmHA awarded the District
loan and grant money totaling approximately $712,000 for the pur-
pose of "rehabilitation and correction [ofl inflow/infiltration [prob-
lems] of the [District's) gravity sewer system." Mr. DeLille opined that
the intent of the FmHA award was to allow the District to make re-
pairs to the existing gravity sewer system. Additionally, Mr. DeLille
maintains that the FmHA "does not approve replacement, condem-
nation or sale of a system under their loan lien." Mr. DeLille asserts
that the Respondent, with the cooperation of the District's other two
Commissioners, abandoned the gravity sewer line altogether and in-
stead replaced it with a more expensive vacuum system.
(53) Mr. DeLille maintains that the Respondent authorized the in-
stallation of the vacuum system in order to provide sewer service to
approximately 14 property owners whose property was situated on
the Gulff side of Route 98 in Lanark Village. He explained that, at the
time, the Gulf side properties were not hooked-up to the District's
sewer system and that the property owners were under orders by the
State of Florida, Department of Environmental Regulation, to repair
or replace their "leaking" septic sewer systems. Mr. DeLille asserts
that the Respondent's actions in this matter provided a special ben-
efit to the property owners in that they were spared the expense of
repairing or replacing their septic systems. Additionally. Mr. DeLille
noted that Mr. Burwell Harrison, a member of the District's Board of
Commissioners at the time, happened to be one of the affected Gulf
side property owners.
Note: Subsequent investigation revealed that Mr. Sam Davis, the third
member of the three member Board of Commissioners, also owned
property on the Gulf side of Route 98.
(54) The Respondent refused to be interviewed relative to this allega-
tion.
(55) As noted earlier, Mr. Harrison and Mr. Davis both served on the
Board from 1984 through 1990. Additionally, both men acknowl-
edged that they have owned property on the Gulf side of Route 98
since the early 1980s, advising that they maintain their personal
residences on these properties. However, both men also maintain
that they were not among the property owners who had problems
with leaking septic systems.
(56) Mr. Harrison acknowledged that the FmHA funding was awarded
in order for the District to correct "inflow/infiltration problems" with
the District's sewer collection system. He explained that the term
"inflow/infiltration" refers to the seepage of outside water into the
sewage collection system through breaks and cracks in the sewer
pipes which, he noted, "overloads the system." Mr. Harrison indi-
cated that by 1989 the inflow/infiltration problem had progressed to
the point that the State of Florida, Department of Environmental
Regulation (DER), had declared a moratorium on all new hook-ups
and, he added. "They had condemned the sewage treatment plant
and the sewage collection system." During the same time period, he
continued, the DER had declared Franklin County an area of critical
concern "with respect to possible damage to the Bay and Oyster In-
dustry." Mr. Harrison noted that "pollution and leaky septic systems"
were of particularly great concern and, he concluded. "Something
had to be done to alleviate the situation."
(57) Mr. Harrison related that the FmHA required that a feasibility
study, engineering reports, and other assorted documentation be
completed prior to considering whether or not to provide the funding
needed to "rehabilitate" the sewer system. Mr. Harrison noted that


-








Page 10 5 May 1995 The Franklin Chronicle


Published every other Friday


Bailey Cleared from page 9

clearly defines the nature and scope of the project, and it specifies
the most efficient method in which to correct the existing problems.
(59) Mr. Ausley advised that he personally handled his agency's ad-
ministration of the District's request for funding to correct the in-
flow/infiltration problems with their sewer collection system. He in-
dicated that the District's original application listed "sewer improve-
ments" as the purpose for the needed funding. Additionally, he noted
that the related PER, prepared by Baskerville/Donovan Engineers,
reflected that the best solution for correcting the District's inflow/
infiltration problems was to install the vacuum system. Mr. Ausley
opined that the District's installation of the vacuum system was a
reasonable decision, based upon the recommendation of Baskerville/
Donovan and, he concluded, the decision to install the vacuum sys-
tem was well within the parameters of the District's contract with
the FmHA.
*. (60) A review of the FmHA's file verified that the District's original
application, in the section designated "Title and Description of
Applicant's Project." reflects the notation "sewer improvements." Ad-
Sditionally,, the Feasibility Report, completed by Baskerville/Donovan,
reflects, "The solution is to systematically replace the entire original
Collection system." Lastly, a review of the PER reflects that Baskerville/
Donovan recommended installation of the vacuum system.
(61) Relative to the Complainant's contention that the vacuum sys-
tem was installed in order to benefit former District Commissioner
SHarrison and the other property owners on the Gulf side of Route 98,
SMr. Ausley advised that because the FmHA is a federal agency, the
applying agency must agree to provide "service" to all residents lo-
cated in the service area. He provided a photocopy of a document
titled "Letter of Conditions," advising that the applying agency must
agree to the conditions prior to being approvedfor funding assis-
tance. Under the section titled Other Requirements Which Must be
Met and Forms to be Completed, the "Letter of Conditions" states,
"All residents located in the service area regardless of race, color,
creed, or level of income must be afforded an opportunity to become
users of the facility."
The Advocate's Recommendation, a report authored by Commission
on Ethics attorney Virlindia Doss, concluded, "There may have been
some incidental benefit to Commissioners living in the District ser-
vice area, there is no evidence that Respondent (Mr. Bailey) orches-
trated selection of the vacuum system or had any reason to improp-
erly benefit fellow Commissioners."
Charge V
The fifth allegation involved a charge that Mr. Bailey violated FS
112.313 (6) by attempting to withhold information surrounding a
District bond issue. Paragraphs 62 through 70 read as follows:
(62) The Complainant next advised that the District was required to
issue Revenue Bonds as security against the loan portion of the FmHA
award. He maintains that the Respondent's handling of the bond
validation process was inconsistent with the proper performance of
his public duties and that it was reflective of his intent to benefit the
14 Gulf side property owners. Mr. DeLille related that the Respon-
dent was responsible for two specific actions which, he maintains,
were attempts to suppress opposition to issuance of the bonds.
(63) The first action, Mr. DeLille advised, involves a "secret" meeting
at which the District Commissioners allegedly voted unanimously to
approve the Bond Resolution. He provided a photocopy of the min-
utes, appended as Exhibit C, reflecting that the meeting was held at
3:00 p.m. on Thursday, February 15, 1990. Mr. DeLille noted that,
at that point in time, the regular Commission meetings were held at
the Lanark Village Meeting Hall, at 7:30 p.m. on the third Monday of
each month. This meeting, he alleges, was held at the District's busi-
ness office, and as noted in the minutes, at 3:00 p.m. on a Thursday.
Additionally, he speculates that no public notice was given regard-
ing the meeting because, he noted, the minutes reflect that the only
people in attendance were the Respondent, former Commissioners
Harrison and Davis, and former Office Manager Grace Williamson
(a/k/a Grace Evans). Mr. DeLille maintains that the meeting was
held in an "odd place, at an odd time," and without public notice
because the Respondent did not want to give "the public" any oppor-
tunity to voice opposition to the project.
(64) Ms. Evans and former Commissioners Harrison and Davis ac-
knowledged that the District's regular meetings were held at 7:30 on
the third Monday of each month and that the "usual" meeting place
was the Meeting Hall. However, they all denied that the meeting was
"secret. "
(65) Ms. Evans stated that she cannot.recall anything about the Feb-
ruary 15, 1990 meeting. However, she did say that she does not
believe that it was held at the District's business office because "all"
the District's meetings were held at the Lanark Village Meeting Hall.
Ms. Evans concluded that she could not recall the District's ever
having had a "public" meeting at the District's business office.
(66) Mr. Davis opined that, based upon the date and time indicated
in the minutes, the February 15,1990 meeting was a "special meet-
ing." He stated that three separate meetings were held regarding the
bond issue: one was held at the Meeting Hall which, he acknowl-
edged, was the regular meeting place: one was held at the Fire De-
partment Hall; and one was held at the District's business office. He
could not specifically recall which meeting was held at which loca-
tion.
(67) Mr. Harrison stated, to the best of his recollection, this particu-
lar meeting was requested by an outside party, either the District's
attorney or the bond attorney, or by some other outside person, in
order to "execute the papers being presented" relative to the bond
issue. Mr; Harrison indicated that during his time on the Board, the
public was given notice about upcoming meetings either by the pub-
lishing of such notice in the newspaper or by posting a notice on the
bulletin board at the post office. He assumed that this meeting was
noticed in one, or both, of those ways. Mr. Harrison coficluded, "I
couldn't say that I could produce a copy of the notice that came off
the [bulletin] board four years ago, but it was not the intention of the
Board or any member of the Board to hold a secret meeting to sign a
bunch of papers that were strictly formal."
(68) The Complainant next advised that the Circuit Judge presiding
over the Bond Validation case ordered that the related "Order to Show
Cause" be published in a newspaper of "general circulation" provid-
ing service to the Lanark Village area. Mr. DeLille indicated that there
are two primary newspapers published in Franklin County: The
Apalachicola Times, "published west of the Apalachicola River," and
The Carrabelle Times, "published in the territory to be affected by
the issuance of the Bonds." Mr. DeLille maintains that, in further
efforts to suppress opposition to the issuance of the bonds, the Re-
spondent published the Order to Show Cause in The Apalachicola
Times instead of The Carrabelle Times.
(69) The Complainant provided a photocopy of the Order to Show
Cause, which states in pertinent part, "It is further ordered and ad-
judged that this Order to Show Cause be published in the manner
required by Section 75.06, Florida Statutes, in a newspaper of gen-
eral circulation published in Franklin County, Florida."
Note: The Order to Show Cause has been retained with the investi-
gative file and is available for review.
(70) Ms. Evans and former Commissioners Harrison and Davis ad-
vised that they are not aware of any intent on the Respondent's part
to publish the Bond Validation in The Apalachicola Times in an ef-
fort to suppress opposition to the project. Additionally, they noted,
The Apalachicola Times is published in Franklin County and circu-
lated in the Lanark Village area. All three opined that publishing the
Bond Validation in The Apalachicola Times met the requirements of
the Judge's order.


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Court Dockets from page 9
Public Defender Kevin Steiger addressed each violation; he stated
that the defendant did not receive a payment schedule from his pa-
role board and, thus, did not know when to pay. Steiger pointed out
that the defendant had three months to begin payment, but was ar-
rested during his second month of probation. "He's been on proba-
tion for two months and hasn't paid a single penny, but he had money
to go out and buy beer," stated Assistant State Attorney Frank Will-
iams. Mr. Steiger noted that there was was not proof to indicate that
Mr. Parramore purchased beer. Mr. Steiger stated that the defendant's
aggravated assault charge had already been tried by a jury and that
the defendant had been found not guilty. "I realize that since he
{Parramorel was already on probation, the state gets two bites out of
the same apple. I would ask you (Judge Daveyl not to disturb that
finding {of the previous jury verdict)." The prosecution brought Of-.
ficer Gasche of the Florida Marine Patrol and Deputy Carl Whaley of
the Franklin County Sheriffs Department to testify against the de-
fendant. Officer Gasche stated that the defendant smelled of alcohol
and that he admitted to fighting with his girlfriend. Officer Gasche
stated that the defendant's girlfriend had blood on her mouth, bruise
marks on her neck and that clumps of her hair were on the floor.
Deputy Whaley stated that the defendant had, "an odor of alcohol
about him." Deputy Whaley concurred with Officer Gasche's descrip-
tion of the defendant's girlfriend, though he said that he did not see
the clumps of hair on the floor. Officer Gasche stated that he took two
photograph of the defendant's bruised girlfriend. The photographs
were presented to Judge Davey. Public Steiger asked both Gasche &
Whaley if they knew the verdict of the defendant's jury trial. Both
answered, "not guilty." Steiger then emphasized to Judge Davey that
a jury of Mr. Parramore's peers had already reach a verdict of not
guilty. Steiger again requested that Judge Davey not disturb the not
guilty verdict. 'The jury was unable to hear the full story," argued Mr.
Williams, "It was clearly just a sympathy verdict." Mr. Steiger ad-
dressed the final violation of consuming alcohol. '"he defendant may
have consumed alcohol," said Steiger, "but even if he did, that would
be a technical violation. Mr. Parramore was initially charged with
Aggravated Assault and the Department of Corrections naturally
looked for everything in his probation to charge him with." Mr. Will-
iams stated that consuming alcohol while on probation was not a
technical violation. "He's been given every break and every opportu-
nity after opportunity. Franklin County needs to be protected from
this individual." Public Defender Steiger responded, "Gee, losing cases
really ticks them (prosecution) off." Judge Davey told Steiger to keep
such comments out of the court room. Judge Davey reviewed
Parramore's past history of violence. He listed the testimony of sev-
eral ex-girlfriend who refused to press charges against the defendant.
"This case is unfortunate in that the victim doesn't believe that she's
a victim. Cases like these usually end up with the victim getting killed
or her shooting the abusive boyfriend. This kind of case will eventu-
ally get sent to congress and they'll study it. In the meantime, I have
to deal with it now." Judge Davey read some of the defendant's his-
tory that chronicled threatening to spread Ben-Gay on a past girl-
friend and setting her on fire and giving a judo chop to the throat of
another past girlfriend. Judge Davey found the defendant guilty of
two violations of probation, consuming alcohol and aggravated as-
sault. Judge Davey said that his decision was based on the two police
testimonies and submitted photographs of the defendant's girlfriend;
he then adjudicated the defendant guilty and sentenced him to 39.7
months in the Department of Corrections followed by twelve months
of probation. The defendant was given one hundred and ten days of
jail credit for time served. Judge Davey also said that he would rec-
ommend a Department of Corrections Alcohol Treatment Program.
Mr. Parramore stated that D.O.C. treatment programs had been inef-
fective in the past. Judge Davey responded that the responsibility to
quit abusing alcohol would ultimately have to be taken by the defen-
dant. The defendant was represented by Kevin Steiger.


Sources for this report:
1. Report of Investigation, Commission on
Ethics, State of Florida. Complaint Numbers 94-44 and 94- 119.
Referred to in this article as '"The Investigation." Author:
rhomas W. Reaves.
2. Advocate's Recommendation. In re: Carl Bailey,
Respondent. Complaint 94-44 and 94-119 consolidated.
signed by: Virlindia Doss, Advocate for the Florida Commission
m Ethics. Fla Bar; Office of the Attorney General.
thesee are public documents on file with the State-of
Florida Commission on Ethics. -
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