Franklin chronicle
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 Material Information
Title: Franklin chronicle
Physical Description: Newspaper
Language: English
Publisher: Russell Roberts
Publication Date: June 16, 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: UF00089928:00013

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...page 4


SThe Franklin Chronicle




Volume 4, Number 12 Published every other Friday 16 June 29 June 1995


A Novel Side Step to

"Net Ban" Provisions


The Gulf County Commission
voted on 13 June to seek an ex-
ception to the "net ban" Consti-
tutional Amendment concerning
their plan to go into the seafood
business. The .declaratory judg-
ment in litigation is to be filed in
the 14th Circuit Court.
The Amendment provides for an
exception to the restrictions on
net fishing for "governmental pur-
poses," and research. Earlier, the
Gulf County Commission passed
a resolution on 12 June and an-
nounced their plan to exploit the
exception as a way of allowing
fishermen to be excepted from the
restrictions on the Amendment.
At a meeting on 13 June which
was held to inform commercial
fishermen of the economic assis-
tance to be provided under new
legislation, Franklin County Com-
missioner Dink Braxton an-
nounced that he intended to in-
troduce the same resolution to the
next meeting of the Board of Fran-
klin County Commissioners,
scheduled for Tuesday, 20 June.
Gulf County Commissioners de-
cided to go into the commercial
fishing business last week by de-


Emerald Coast
Still Under Review

Mr. Ken Arnold, Supervisor of
Area II, State of Florida, Agency
for Health Care Administration,
stated on 12 June that a follow
up survey of the deficiencies iden-
tified in the March 1995 review of
Emerald Coast Hospital would be
conducted.
An earlier investigation found the
hospital out of compliance with
requirements involving the gov-
erning body of the facility as they
related to quality assurance. Mr.
Kenneth Dykes, hospital admin-
istrator responded to initial find-
ings of the March 1995 investi-
gation by 15 April, over 6 weeks
ago.
Arnold informed the Chronicle
that the length of time needed for
a follow up survey to determine
compliance with federal and state
standards was highly variable, ex-
tending in some cases up to one
year, in the case of construction
related problems.


caring in a resolution that the
county would enter into a "joint
venture" with citizens who are li-
censed by the state of Florida to
harvest, buy, sell, process, store
and transport fisheries product.
The attempt is to circumvent the
provisions of the "net-ban" Con-
stitutional Amendment which
says "...This section shall not ap-
ply to the use of nets for scientific
research or governmental pur-
poses." (Section 16 of Article 10).
Gulf County also owns an 8.5 mil-
lion pound capacity freezer which
was constructed through previous
grants, built specifically for the
storage and processing of seafood
products.
The Gulf County program went
into effect 15 June 1995, autho-
rizing agents to sign contracts
with licensed Gulf County citizens
to purchase saltwater products.
Fishermen must unload their
products through a county des-
ignated wholesale or. retail seafood
dealer, who ill collect a "partici-
pation fee" (two per cent) of the
fishery product's value. This is to
be remitted to the County on a
monthly basis.


In the instance of Emerald Coast,
and the operational elements in-
volved, the time frame would be
much shorter. The survey will not
be announced in advance. If there
were additional complaints, this
might delay resolution of the De-
cember 1994 complaints which
brought forward the March 1995
survey.


Dr. Tom Adams addresses
the Board of Franklin
County C6mmissioners, ask-
ing that any hearings on the
site plans for Resort Village
be held after the hearings for
the wastewater system,
which is now scheduled for
September 1995.


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Sexual Abuse

Alleged At Franklin

County Sheriffs

Department


Phase One Plans for Resort

Village Submitted to County

In a hurried, yet acrimony-ridden discussion, Resort Village owner
Dr. Ben Johnson presented his Phase I site plans and master plan to
the Board of County Commissioners on 6 June. Ben Watkins,
Apalachicola lawyer or Dr. Johnson. introduced the plan and gave
eac-co pmmissioner a thick booklet containing text and maps.
The detailed plan explains that the main focus of the site approval
request, called Phase I, is the Resort Village. Beach Club, which is
intended to provide recreational amenities for hotel guests, local resi-
dents, vacation homeowners and area visitors. As explained in the
last issue of the Chronicle, the beach club will feature two swimming
pools, an outdoor Jacuzzi, children's playground and a number of
courts for volleyball, bocce, badminton, croquet, horseshoes, and
shuffleboard. A clubhouse will house a sauna, steam room and rooms
Annual memberships will be available beginning at $375.

Water, Wastewater and Stormwater
Water service has already been available to the Resort Village since
March 1994, according to a letter from the St. George Island Utility
Co. Ltd. The plan also addresses stormwater facilities, a problem of
contention among various objections to the Resort Village project.
With regard to wastewater, the Public Service Commission (PSC) has
authorized the Village to operate a wastewater service within the Re-
sort Village. An application with the Dept. of Environmental Protec-
tion (DEP) for a permit to construct and operate an advanced waste-
water treatment (AWT) facility, which would eventually serve all of
the Village when buildout is accomplished.
Until the Village is more fully developed, the Village would be served
by on-site aerobic wastewater treatment systems, limited to 15,000
gallons per day of wastewater to be so treated. A permit has already
een issued to construct a 5,000 gallon aerobic system on parcel 5,
which is one of the first elements in the Phase I construction project.
When sufficient wastewater flows are generated to operate the AWT
would take over that function for all elements within the Resort Vil-
lage. The effluent disposal areas are indicated by map in the plan
submitted to the County Commissioners.
With regard to flood prone areas, Resort Village has been informed by
the DEP that no permit is necessary to perform work in these areas.
The Army Corps of Engineers has authorized work in the wetland
areas. DEP has also given the Resort Village authorization to con-
struct a dune walkover in parcel 6, which expires in September 1995.

Uncertainty Over Hearings Scenario

The AWT application is set for hearing in September 1995 before the
Dept. of Administrative Hearings (DOAH). During the meeting of the
Board of County Commissioners, Dr. Tom Adams strenuously ob-
jected to the County giving any review and approval to the Resort
Village plans until the wastewater hearing was concluded. Ben Watkins
reiterated the provisions of the 1977 Development Order (DO) em-
phasizing that the DO already included provisions for hotels, shops,
restaurants, recreational amenities and similar activities, and that
any plans were to be submitted to the County Board for review and
approval on no particular time scenario. There was some confusion if
an amendment to the DO were required which would involve more
oversight from state agencies, such as the Dept. of Community Af-
fairs (DCA), or the Dept. of Environmental Protection (DEP). The ques-
tion as to what kind of hearing-review should be held at the County
level has been asked often since the Governor and Cabinet ruled on
the Resort Village appeal in April 1995, in which the Florida Land
and Water Adjudacatory Commission (Governor and Cabinet) over-
turned the Recommended Order and instructed that the proceedings
reviewing the Resort Village zoning requests be returned to the Fran-
klin County Commission. This was entirely consistent with the view
expressed by the Franklin County Commission.
Then, on 2 May in response to Alan Pierce's inquiry, the Dept. of
Community Affairs, through the Bureau of Local Planning, with J.
Thomas Beck, Chief, stated that the developer (Dr. Ben Johnson) must
now seek an amendment to the 1977 Develooment Order (DO). This
is a more expensive route to approval and involves state oversight "...
and will provide for future oversight and enforcement by the Depart-
ment (of Community Affairs) and the local government, pursuant to
chapter 380 F. 5. (Florida Statutes) and administrative rules. A sec-
ond question raised by Alan Pierce involved whether approval of solely
commercial development require a land use change to the Future
Land Use Map (FLUM) of the comprehensive plan, passed in 1989. J.
Thomas Beck said "yes", as the property is now currently designated
on the FLUM as single-family residential. "...It is the Department's
opinion that an amendment to the FLUM should be initiated if com-
mercial development is proposed for this property, to ensure consis-
tency between the comprehensive plan and actual development."

Continued on page 10


Lanark

Residents

Asked to

Conserve

Water

The Lanark Village Water & Sewer
District is requesting that all
Lanark residents become more
conservative in their water use.
According to a 31 May memoran-
dum released by the Lanark Vil-
lage Water & Sewer District,
Lanark residents have exceeded
the permitted amount of daily
water use on several occasions.
Lanark Village is permitted two
hundred thousand gallons of wa-
ter daily by the Northwest Water
Management District.
The overuse of water in Lanark
Village is prompting water &
sewer commissioners to veer away
from their present flat rate water
fees and to look into possibilities
of a metered system. "With a flat
rate," noted Commissioner Phil
Shiver, "People sometimes use
more (water} than they need."
Shiver noted that it would cost
approximately one hundred and
fifty thousand dollars to have
Lanark Village placed on a me-
tered system. He stated that the
board was definitely interested in
having Lanark placed on meters,
but that it would take well over a
year to adopt the system.
In the 31 May memorandum, the
water & sewer district reported,
"...the (Northwest Water) Manage-
ment District will not allow us an
increase until we prove we are
conserving water. If we do not
show a voluntary reduction in our
use, we will be facing water re-
strictions, a substantial fine or
stronger enforcement actions by
the Northwest Water Management
District." The report. concluded by
urging residents, "Please do not
disregard this letter, for the out-
come could mean a substantial
rate increase to everyone."
Guy Gowlens of the Northwest
Water Management District, how-
ever, stated that Lanark Village is
in no danger of water restrictions
or fines. "This new commission
has really worked with us and has
been pro-active in addressing this
problem." Mr. Gowlens noted that
the previous commission had not
fully cooperated with the North-
west Water Management District
and was slow in addressing the
problem.
Due to the cooperation extended
by the Lanark Village Water &
Sewer District, Gowlens felt that
the water management district
might be willing to renegotiate
new terms of Lanark Village's
water permit to possibly increase
the amount of water allowed per
day.


Gulf County resident Darnell Go-
ings is presently under an open
criminal investigation for alleged
sexual assault at the Franklin
County Sheriffs Department.
Mr. Goings, who was employed as
a Department of Corrections Of-
ficer at the Sheriffs Department,
was suspended in early May and
later terminated for a violation of
Department of Corrections policy.
Mr. Goings' policy violation in-
cluded entering the cell of a fe-
male prisoner without supervi-
sion. According to Department of
Corrections policy, a male officer
must be accompanied by another
officer when entering the cell of a
female prisoner.
Mr. Goings, however, is not being
investigated for merely entering a
female inmate's prison cell. He is
being criminally investigated in
concern to accusations made by
a three month's pregnant level 8
juvenile from Inner Harbour Hos-
pital who claims that Mr. Goings
is the father of her child. The ju-
venile, who had been imprisoned
since 17 April, was arrested for
assaulting a Inner Harbour staff
member and charged.as an adult.
As of 7 June, several individuals
and institutions were not made
aware of the sexual assault alle-
gations.
Inner Harbour Hospital Director
Danny Bearden stated that he
had not been informed of the as-
sault. He said that he would now
have to contact juvenile justice
about the allegations. "I hate to
hear something like that happen-
ing to someone that was in our
care," noted Bearden.
Willie Norwood from the Inspec-
tor General's Office also stated
that he had not been informed of
the allegation. "They don't report
everything to us," said Norwood.
Mr. Norwood stated he would
soon visit the Franklin County
Sheriffs Department to review the
case files of the alleged incident.
Norton Kilbourne of the Franklin
County Health and Rehabilitative
Services (HRS) office could not
confirm or deny whether the
sheriffs department had regis-
tered a complaint against Mr.
Goings for abuse of a juvenile.
Chris Mathias of the Wakulla
County Health and Rehabilitative
Services office, which supervises
Franklin County, was also unable
to confirm or deny whether the
Franklin county Sheriffs Depart-
ment had registered a complaint
against Goings.
At present, Mr. Goings is receiv-
ing the necessary training at the
Franklin Work Camp to secure
employment at the facility. Mr.
Goings first day at the work camp
officer is scheduled for June 16.
'We don't want to falsely accuse
anyone," said Franklin Work
Camp Major Tim Whitehead. "But
if something comes out (in the
investigation), we'll have to let him
go."


Quartet Rescued


Jeannette and Gary Macintosh,
Tim Collins and Lori Cameron
were rescued in the Gulf of Mexico
after they drifted for nearly three
days in a 16-foot boat and high
seas. Fisherman Sammy Royal
was heading out to sea about
seven miles west of Horseshoe
Beach to begin a 3 or 4 day hunt-
ing trip for grouper when he came
upon the Macintosh craft, not
under power, about 5:30 a.m.
Wednesday morning, 14 June.
The quartet had left Apalachicola


at Battery Park, headed through
the Sikes Cut, Sunday afternoon
on 11 June. After they did not
return, Mrs. Ann Fergeson, their
mother, called authorities. Every-
one in the boat was assessed to
be in "good condition" but hun-
gry.
As the hours stretched into a day,
then another, anxieties among
their friends and neighbors for the
foursome began to climb. Neigh-
bor Madge Hollenbach said that
Continued on page 6


kt


LAI










IPqop- 2 s*16 June 1995 The Frainklin Chronicle


Published every other Friday


697-3314


SIGNS LOGOS MURALS WINDOWS VINYL BOAT LETTERING
DECORATIVE SANDBLASTING QUALITY PROFESSIONAL DESIGN


Hill Harangues Board

on Spending


.


.4


-ol--o -


Commissioner Hill (R) draws the wrath of Mayor Howell (L)


Apalachicola City Commissioner
Wallace Hill made his opinions
known at the regular June 6
board meeting that he was tired
of excessive city spending and
that he wanted more accountabil-
ity. Hill focused his spending com-
plaint on the city's Water and
Sewer Department.
According to Commissioner Jack
Frye, dirt and grit are creating a
great deal of wear and tear to
Apalachicola's water and sewer
system. The wear and tear, noted
Frye, are causing the city to spend
a considerable amount on re-
placement parts.
According to Commissioner Hill,
the Water & Sewer Department is
not providing any preventative
maintenance to limit spending.
Hill noted that the board had re-
cently spent almost thirty-five
hundred dollars for emergency
replacement parts. He also com-
plained that the city was not be-
ing provided with multiple price
quotes to obtain the most eco-
nomical purchase.
City worker Harry Braswell ex-
plained that two check valves and
two vacuum pumps had each bro-
ken down on two separate occa-
sions. Hill commented that it was
"highly unusual" that both pairs
would break down simulta-
neously. Braswell stated that it
was not unusual. As Hill began
to question Braswell about pre-
ventative measures, Braswell
fumed, "This really doesn't need
to be discussed now. If you want
to get into basics on the opera-
tion of maintenance, I'll be more
than happy to take you there. As
far as sitting here and explaining
this, I can't."
Commissioner Hill felt that the
city should be gradually stocking
up on equipment parts to reduce
emergency purchases. He
stated,"It's hard for me to under-
stand, as a layman, how so much
equipment can go out at one time.
There are emergencies, I realize
that; but when a routine pump
that's pumping everyday...there's
so many danger signs...and
there's a better way that we can
handle this and I'm gonna' look
into a better way in which to
handle these purchases to help
you and help us. My objective is
not to attack Harry Braswell. My
objective is to try to start saving
this city a little bit of money." Hill
added, "Now if you can't be part
of the team, Mr. Braswell, we'll
have to haggle it out."
Braswell stated that he had been
part of the "team" for the last
twenty years. Commissioner Hill
stated that he would create guide-
lines for Mr. Braswell in order to
have routine inspections and re-
ports of the Water & Sewer De-
partment.
Commissioner Frye, whose board
duties include the supervision of
the Water and Sewer Department,
told Mr. Hill that he was intrud-
ing into his appointed duties. "The
guidelines, as far as the water and
sewer department, is iy guide-
lines. That is my territory." Frye
stated that Harry Braswell was a
Class A & B operator in the Water
& Sewer Department with twenty
years of experience. "Since when
do you think you're an authority
on water and sewer...because you
have two car washes?" Hill re-
sponded, "I'm only questioning
that which I see."
Commissioner Frye agreed to pro-
vide Mr. Hill a report of the city's
water & sewer preventative main-
tenance guidelines at the next
regular meeting. He added,"But
you still don't have the author-
ity." Commissioner Hill stated
that he owned one-fifth of the
board and was as much of an
authority as Commissioner Frye.
As Commissioners Hill and Frye
argued about each other's expe-
rience and expertise with water
and sewer affairs, Mayor Bobby
Howell stated, "You (Wallace Hill)
know he {Jack Frye} doesn't have
any experience. I know you
(Wallace Hill} don't have any ex-
perience. And you {Wallace Hill}
now I don't have any experi-
ence." He later added, "The only
person that realizes they don't
have any experience is you
(Wallace Hill}."


Commissioner Hill then ques-
tioned Mayor Howell about the
purchase of fertilizer and six wa-
ter sprinklers. Howell stated that
the board had authorized him to
purchase fertilizer at a previous
meeting. "If you go back and look
at the minutes, you'll find where
you even voted on it. I do declare!"
Commissioner Hill asked Howell
if he had board authorization to
buy the sprinklers. Howell replied
negatively. "That's o.k.," grinned
Hill, "Your park looks nice." Mayor
Howell turned angrily at Hill and
fumed, "You're the most arrogant
jackass I've ever seen in my life"
When Commissioner Hill asked
Mayor Howell to keep the meet-


ing "clean," Howell responded, "It
can't be clean with a jackass like
you there." Howell then turned to
those in attendance and stated,
"I'm sorry you're here for the
cleaning of the laundry."
In other board business:
*The board unanimously ap-
proved the Franklin County Heath
Department's request to use the
Apalachicola Community Center
on August 4 from 12 p.m. to 5
p.m. to conduct a "smoking ces-
sation" training session for health
care workers.
*The board unanimously ap-
proved the road closure by the
Love Center on June 10 from 10
from 8 a.m to 3 p.m.
*The board appointed "Pop" Wag-
oner to the Apalachicola Planning
and Zoning Board to replace
Bailey Chumney.
*The board agreed to apply for
grant money from the Florida Rec-
reational Development Assistance
Program. If the city receives grant
funding, the board will later de-
cide whether to fund the second
phase of Battery Park's three
phase River Walk or to expand the
city's baseball fields.
*The board announced that
CableVision's contract was re-
duced from fifteen to five years
and that their franchise fees
would increase from two to five
percent.
*Commissioner Wallace Hill asked
the board to consider the eco-
nomic feasibility of installing a
chlorination booster pump into
the city's water line. "Sometimes
the water has too much chlorine
in it that you can't stay in the
same room with it," noted Hill,
"Sometimes it's so dingy that you
can't see through it. I realize we
got some problems."


The June 8 Carrabelle Port and
Airport Authority followed hard on
the heels of their June 7 Town
Meeting in which the Port Author-
ity requested community input for
the future of Timber Island.
"Let's divide and conquer," stated
board member Jim Lycett, "Let's
set up a plan." Lycett suggested
constructing a public marina with
many boat slips and an ample
parking area that would attract
as many people as possible. "Boat
slips are a source of revenue that
will help us to continue this
project."

The board members then re-
viewed the informal vote, which
was via a show of hands, that they
conducted at their public meet-
ings. Twenty-two community
members had voted for a public
marina and three had voted for a
private marina. The board then
voted unanimously to begin plans
to construct a public marina. The
board also voted to run a public
notice to accept bids for a con-
tractor.
Board member Donald Wood said
that he wanted County Planner
Alan Pierce involved in the project.
He stated that the Department of
Environmental Protection would
not accept the plan without cal-
culations.
Attorney Ben Watkins said that a
feasibility study would first have
to be conducted before the board
could begin their project. The fea-
sibility study, he noted, will de-
termine if the project's expected
income will support the cost of the
project. The study, said Watkins,
will also predict whether the
Project's bonds will sell. 'Tax free
onds are attractive today."
Bill McCartney of Baskerville &
Donavan stated that the feasibil-
ity study was relatively inexpen-
sive. He stated that his company,
if chosen as the contractor, would
be able to offer a strong environ-
mental and economic develop-
ment background to the project.
If selected, McCartney also said
he would poll each of the board
members for their ideas on the


project and draw up a report re-
flecting the board's wishes. "I like
this town. I'd like to help you and
work with you." McCartney stated
that the board could gain support
from a Community Development
Block Grant.

"Remember that someone's got to
manage the public marina," said
Developer Gene Langston, "It
doesn't operate itself. If it's to bed
successful, you have to treat the.
customers with the same courtesy
as you would a private marina in
order to attract people." Langston
suggested building a house by the
marina and hiring a family to
manage the project.

The board then turned its atten-
tion on the matter of arbitration
with Tommy Bevis to discuss
whether Bevis & Associates were
in accordance with their contract
with the city. At the previous Port
Authority meeting, the board had
voted to enter arbitration proceed-
ings with Bevis & Associates. At-
torney Watkins then stated that
both parties had to agree to a
binding arbitration in order for the
board to reach a conclusion it
could act on.
Mr. Bevis stated that his attorney
advised him not to agree to a bind-
ing arbitration. He did offer to
negotiate the contract via a me-
diator.
'The terms of the contract are not
changed," stated Donald Wood,
"Are you in compliance with the
contract or not? We feel you are,
not. Now, we'd like to get a de-
claratory judgment to show that
you're in violation of your con-
tract."
"Let's take it to court," stated
Bevis, "I'm ready."
Board member Lycett felt that le-
gal action would prove to be too
expensive for the port authority,
which operates on a twenty-four
thousand dollar budget. Attorney
Watkins stated that the board's,
options included: taking no ac-
tion, renegotiating a contract with
Bevis or seeking a declaratory
judgment. The board then voted
to seek a declaratory judgment
against Bevis & Associates.


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Carrabelle

City Meeting

by Rene Topping
Argus Service, Inc. were quickly
informed by the Carrabelle City
Commissioners on June 5 that
the company was violating their
contract with the city when they
summarily sent out a letter to cus-
tomers with raises in rates. The
letter stated that retroactive to
May, the rates for garbage service
would be raised from $12.25 to
$15.65 for once a week pick up
and it would be $19.90 for twice
week Service. Also, before raising
rates or making changes the com-
pany has to talk to the city com-
mission.
Commissioner Buz Putnal stated
that the company was not pick-
ing up even once a week at his
house. He said, "I have 14 days
worth of garbage piled up and
they are supposed to pick up once
each week," He went on to say
that the once a week was an ex-
perimental" reduction in price
with an earlier party to the con-
tract.
Argus Services did not have any
representative at the meeting. The
city commissioners decided to no-
tify Argus by letter that the rate
raise was illegal and they would
consider cancelling the contract
if the matter was not resolved.
Andy Mercer, who also operated
a local garbage collection service,
handed the Commissioner a pro-
posal to pick up garbage in the
city for $13.00 for two pick-ups a
week. The commission took no ac-
tion on his offer.
The requests for variances to re-
place nonconforming single wide
mobile homes with double wides
were both approved by a-vote of
four to one. The nay vote was
made by Commissioner Jim
Phillips. Phillips explained that he
had absolutely no bias against
mobile homes. However he did
have a problem with the variances
as he felt they violated the city's
comprehensive plan and opened
the door to every request for a
variance for a mobile home in an
R 1 zone having to be granted as
a matter of fairness.
The first request was from Sharon
Brownell who-requested permis-
sion to replace a single wide with
a double wide on Lots 9 and 10 in
block 90 (C4), Pickett's Addition.
Commissioner Woodrow Judy
made a motion to give the vari-
ance saying, "It will certainly
make an improvement to the
neighborhood.' The motion was
seconded by Buz Putnal who
agreed that it would be bettering
the appearance of the neighbor-
hood. Brownell said that, there
were no problems with the neigh-
bors and the single wide would be
removed.
Phillips said that if the city al-
lowed this variance they would
have to allow every one. He
added," If you gave this guy a vari-
ance and you denied me; I'd have
you in court." Bert Worthy who
was appearing to request a simi-
lar variance for the substitution
of a single wide for a double wide,
said, "I own 3 city lots and I have
been told that I cannot put one
(double wide) on it."
Brownell was granted his request
and when the second request
from Worthy came up to remove
a single wide and place a double
wide on Lots 1 and 2, Block 142
(F10), Pickett's Addition, commis-
sioners again voted for the vari-
ance with the 4-1 split. Phillips
vote against the variance.
Commissioners approved a re-
quest for special permission to
place a "substantial electronic
sign," on a lot in an R 1 zone. The
property, owned by Butler, is on
the east side of Carrabelle on U.S.
98. Butler had requested either a
change of zoning of lots 7,8,8, 10,
11 and 12 Block 42 (42) Kelley's
Plat, to Cl general commercial; or
leave lots 7 and 12 residential
while the others were re-zoned to
commercial. The other alternative
was to grant special permission
to put the sign up while still main-
taining the residential zoning for
the land itself.
Commissioners tabled a request
that they approve housing repair
contracts: To Nancy Cone for
Jimmy Talley's house for
$15,448.98; to Duane Capps for
Aline Walden's home for
$15,341.00 and to Duane Capps
for Ada Allen's house tor
$16,545.00. Phillips said that the
grant administrator. Julian Webb,
had promised to be at any meet-
ing when contracts to be let would
be discussed. Webb had phoned
Earlier that day and said he could
not be oresent. On a motion by
Phi'~ipas. the matter was unani-
mously tabled until such time as


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Webb would oe present rihe con-
tractors were later approved at a
special June 12 city commission
meeting).
The commission also tabled pay-
ment of an invoice from C.W. Rob-
erts for work done on the taxiways
and apron at the airport. The item
was placed first at the bottom of
the agenda to allow time for a rep-
resentative of C. W. Roberts to
arrive. When the meeting was
close to ending and no-one had
appeared the matter was tabled.
In other business:
Commissioners approved a pro-
posed task order from Baskerville
and Donovan for FMHA grant/
loan application with a proposed
fee schedule of $14,500.00
Approved a septic tank variance
for Kent Gardner on Lots 9 and
10, block 90 (C$) Pickett's Addi-
tion with the provision that it
would be mandatory for Gardner
to go to city sewer when available.
Newly seated Finance Commis-
sioner Michael (Mike) Horvath re-
minded fellow commissioners to
get their budgets in for the com-
ing fiscal year. The commission-
ers then set a workshop on the
1995/6 budget for July 3, 1995.
Approved advertisement for an
additional water and sewer em-
ployee.
Tabled employee guidelines in-
definitely
Under new business:
Commissioners approved a local
government agreement to start
July 1, with the State Department
of Transportation (F.D.O.T.)
whereby the city would be paid by
F.D.O.T. to maintain U.S. High-
way 98 within the city limits edg-
ing, mowing, sweeping and re-
moving litter.
Commissioners referred a request
from the Carrabelle School Advi-
sory board that approximately
600 feet of sidewalk be con-


structed along Gray Avenue be-
tween 3rd Street east and 5th
Street East and two sections of
sidewalk on Gray Avenue East of
5th Street east be repaired to
Putnal in his position as Streets
and Roads Commissioner.
SApproved a resolution requesting
that the Florida Department of
*Corrections place a secure State
prison in the Carrabelle Area and
give first consideration to resi-
dents of Franklin County in staff-
ing the facility.
The commissioners accepted the
resignation of Bernadine Smith as
recording secretary and asked
that a letter of appreciation sent
to her for her services to the city.
They will seek a new person for
replacement of Ms. Smith.
Putnal brought up the matter of
condemning the burned out
building owned by George
Donaldson, Sr. (now deceased)
Putnal said burned remains of the
home are unsightly and danger-
ous and is right on the road many
children take to go to school. He
requested that the city send a let-
ter to Angeline Donaldson inform-
ing her that the city would clean
* up that area and place a lien on
the property to pay for the work
* done.
It was reported that City Police
Officer Larry L2tton had resigned
to take a position with the Frank-
lin County Sheriffs office.
t Since the date of the meeting, City
Police Officer Jep Dewayne Smith
Shas also resigned.


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Published every other Friday


The Franklin Chronicle 16 June


1995 Page 3


New Police Officers Hired Community


County Sues
for Damages
and Injunction

to Remove
Prisoners from
Inner Harbor


As announced several weeks ago,
County Attorney Al Shuler filed
litigation against Inner Harbor
Hospital on 8 June 1995 seeking
an injunction and damages. Fran-
klin County seeks to have Inner
Harbor remove all of its juvenile
prisoners from Franklin County
and to reimburse the County for,
the costs incurred by the County
resulting from the prisoners
housed in County facilities ed
The problem stems from a 1994
decision by Inner Harbor to house
high risk residential prisoners
known as Level Eigndt, serious or
chronic female delinquents 14n
years or older. Some of these pris-
oners later ommitted crime County
been charged accordingly, while
resting moved to the County jailers
houfacilities. As of late April 1995, 11
riminal cask resident, 10 ofal prisoners
chfelronies, have been charinued and14
oners later committed crimes at
the Inner Harbor facility, and have
been charged accordingly, while



imprisoned in the Franklin
County jail. The cost to the
County for housing and medical
expenses for three juvenile offend-
ers from Inner Harbor have been
nearly $7000 for March and April
with additional continuing costs
for the other prisoners.
Mr. Shuler's brief continued to
outline assertions of additional
criminal behaviors such as as-
saulting correctional officers and
inmates, setting mattress fires,
and other problems at the Fran-
klin County jail. Moreover, the
County has also charged that In-
ner Harbor violated Florida Stat-
utes (39.074) by siting serious or
chronic delinquent juveniles in
the County without proper notice
to the County. Additionally, the
County has charged that Inner
Harbor is acting as a prison facil-
ity without proper authorization.
In conclusion, the County also
charged Inner Harbor with oper-
ating a prison in violation of
County zoning rules.


Li


Authony Stone
The Carrabelle City Commission hired two new police officers at their
June 12 special meeting.
Anthony Stone and Robert Hogan, who have both worked for the Fran-
klin County Sheriffs Department for the past two months, are
Carrabelle's new police officers. Mr. Stone has eight years of military
experience with the Marines and eight months of experience with the
Department of Corrections as Law Enforcement Officer. Mr. Hogan is
a graduate of the law enforcement academy and has two years of
college credit with Tallahassee Community College.
Newly hired Officers Stone and Hogan will replace the vacancies left
recently by Larry Litton and Jep Smith.
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Franklin

Briefs


Franklin County Emergency Man-
agement Director Alan Pierce in-
dicated early this week that some
inquiries have been made of his
office regarding the county's
"shelter policy" during hurricanes.
Outlining the general guide lines,
Mr. Pierce said that, for a Category
2 Storm (96 100 m.p.h.) and
above, The County and Red Cross
do not open shelters as total
county evacuation may well be
necessary.
'"We will plan to open Red Cross
Sponsored Shelters in Apalachi-
cola, Eastpoint and Carrabelle
during a Tropical Storm Category
1 condition" the Director stated.
"At one point Hurricane Allison
was expected to become a Cat-
egory 2 Storm and, based on this
information, we did not opt to
open any shelters in Franklin
County" he noted.
In order to have an effective shel-
ter, the Red Cross will need vol-
unteers to help operate the shel-
ters. A Red Cross Shelter Train-
ing Class will be offered in late
June in Franklin County.


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Livin' Off The Land


A


,L ~'.-


Expresses

Hopes For

Timber Island

Community members came out
en masse to the Carrabelle Port
and Airport Authority's town
meeting on June 7 to discuss their
views on the future of Timber Is-
land.
...Reaks began the discussion by
stating, "It would seem like in the
past three or four years, Timber
Island has gone back and forth
without advancing much." Mr.
Reaks expressed his optimism for
opening a public facility on Tim-
ber Island. "We have very few
now," he noted. Reaks concluded
by stated that, with the net ban
coming soon, the county needed
another stream of revenue and
employment.
Jack Depriest felt that Timber Is-
land was supposed to help gen-
erate jobs and produce revenue
for the county. "I think we've seen
that's not came to fruition as we
all might have thought it would."
Depriest favored developing some-
thing on Timber Island that would
both benefit the community and
not create harsh competition
against other county businesses.
"Let's use it {Timber Island) for
ourselves. We've got the best op-
portunity now. It's basically free."
Jean Reaks stated that people
should start getting their tax
money's worth out of Timber Is-
land. "We've got some people here
that have some really nice ideas
-and input. They don't want hear
what's on the books and don't
want to hear what they can't
do. They want to hear what they
can do and what the city of Car-
rabelle wants to do for them. The
city of Carrabelle receives their
taxes and they get darn little for
it."
Some residents questioned
whether a scallop operating plant
could be developed on Timber Is-
land. Port Authority members
stated that D.E.P. regulations
made if nearly impossible to op-
erate such a plant.
Board member James Lycett felt
that abandoning the D.R.I. (De-
velopment of Regional Impact}
proceedings in future develop-
: ment may be to the city's inter-
est. "One of the problems that
we've run into is that they want
to know every single thing you're
gonna' build on the island before
it's done, so the storm water plant
Scan be put in effect." He con-
"'cluded, "Well, we don't know-what
;it's gonna' be. That's been on of
-the problerhs. This is one-of-the
*"reasons for no progress."
A Department of of Community
Affairs representative stated that
the D.R.I. process would help to
assist a community with environ-
mental and affordable housing
concerns. "Small communities
like the city of Carrabelle really
cannot address on their own.
They do not have the technical
expertise to do so. The D.R. I. is
designed to take those regional
impacts." The representative
stated that if the project was low
impact, the city could abandon
the D.R.I. proceedings.
"We're gonna' have something
over on Timber Island," assured
Lycett. He suggested developing
boat slips on Timber Island. "The
options at present are to lease the
land to somebody, who will then
build a marina. And it will prob-
ably create more competition,
than a municipal one {marina}
would." Lycett favored a munici-
pally owned facility.
"That property has been over
there for a long time," stated Pat
Howell, "Ya'll haven't been able to
do one thing with it. You have not
brought in any industrial, any
jobs or anything." Howell encour-
aged the Port Authority to aban-
don the D.R.I. proceedings. "Let
this community have something
over there that would benefit the
youth and the people of Carrabelle
as a whole." She stated, "You can


Spread over six acres of land, the
Franklin Work Camp's recently
planted farm is reporting an ex-
cellent first year harvest.
"If we can use it," stated Sargent
Summerhill, "We'll grow it." The
Franklin Work Camp has just
harvested seven hundred pounds
of potatoes and two hundred and
fifty pounds of squash in the early
month of May. Other crops
planted at the work camp include
radishes, beans, cucumbers,
corn, tomatoes, eggplant, okra,
carrots, peppers, watermelon,
cantaloupe, onions and corn.
According to Major Tim
Whitehead, the work camp's farm
will serve several purposes. The
Department of Corrections will
benefit by reducing its' food costs.
The Franklin Work Camp pres-
ently serves over seven hundred
and fifty meals daily. Although
Major Whitehead has not calcu-
lated how much the work camp
will save by growing its own food,
he feels that the dollar amount
will be substantial. The inmates
will also benefit from the nutri-


tion of fresh vegetables; addition-
ally, those who participate in the
farm detail will benefit by receiv-
ing agricultural knowledge.
Approximately ten inmates are
assigned the camp's farm detail.
Officer Mamorn of the Franklin
Work Camp supervises the
project. The inmates are supplied
with hand tools and one small
tractor to farm the six acres of
land. The farming project has also
constructed a small greenhouse
for flowers and other plants. The
work camp has an adopt-a-plant
program for the officers, as well;
those officers who supply the
seeds and plants for the green-
house are allowed to take a cer-
tain amount of those plants home
when they mature.
Major Whitehead expects to make
the farm project a year round en-
deavor. He is targeting lettuce as
one of the primary crops for the
winter months. "We're just in our
first growing season," noted
Whitehead, "and we're learning
what grows best here."


Vandalism Exposed


7T, -


..... .




Carrabelle City Commissioner James "Buzz" Putnal displayed a van-
dalized street sign at a June 12 special board meeting. Putnal stated
that the fire department was recently delayed to an emergency situa-
tion, because they were unable to locate a street address due to the
vandalized street sign.


create jobs by having something
over there that people want."
Howell suggested creating recre-
ational facilities for the idle youth
of Carrabelle. "They have nothing
to do, but get into mischief or just
walk the streets."
Lycett affirmed, "I'm for attract-
ingjobs. In five years, we have not
been able to attract light indus-
try. We're doing something wrong.
The land is languishing over
there."
He noted that the community had
to be realistic about development
opportunities. "I want Timber Is-
land to be self-supportive or bet-
ter. Every town in America wants
light industry to come in and pro-
vide jobs." Lycett ,said that the
community needed to market the
city's strengths in order to attract
light industry. "What are
Carrabelle's strengths. Carrabelle
strengths are the environment,
the area, the last frontier
idea...we're not very crowded.


Maybe we need to point Timber
Island in a direction of
Carrabelle's strengths. The larg-
est income producer is probably
gonna' be related to recreational
activities like bike trails, boating
and fishing tournaments."
Port Authority Chairman Donald
Wood asked residents whether
they would prefer a public or pri-
vately owned marina & boat stor-
age facility on Timber Island. Mr.
Lycett suggested creating a
questionare to get public opinion
on the future of Timber Island.
Community members stated that
they wanted to take a vote via
show of hands on the preference
of a municipal or privately owned
development.
Twenty-two community members
voted for a municipal owned fa-
cility. Three members voted for a
privately owned facility.


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An Inmate-fitted scarecrow amidst a field of corn at the
Franklin Work Camp's farm








Page 4 16 June 1995 The Franklin Chronicle


Published every other Friday


Editorial and Commentary


Taking The Stink

Out of Water and

Sewer, or

Mr. Hill's Wild

(fiscal conservative) Ride


Commissioner Jack Frye Commissioner Wallace Hill
The sun shone brightly and the city water tasted better than foul on
June 6 as those assembled at the Apalachicola City Commission
meeting came to witness the political rebirth of Wallace "let's keep it
clean" Hill.
Commissioner Hill came to the meeting with a message; and that
message rampaged through the agenda with the breakspeed inten-
sity of Mario Andretti behind the wheel of a knuckleboom truck.
And his style filled the board room. For he was Brando with a drawl
in The Godfather. He was the mighty Newt after seven cups of coffee
and one episode of Crossfire. He was Clyde "The Glyde" Drexler in
game three of the NBA Finals, Nay, he was the secret ingredient in
STP Motor Oil.
And his message was drawn slickly from each holster. Before anyone
could take cover, Hill aimed both barrels at the board and unloaded
epithets of fiscal responsibility at them. When the smoke cleared. 01'
Wallace walked away politically anew. For the word was accountabil-
ity... and you'd better believe it on the streets when Commissioner
Hill comes, a-preachin'.
Fed up with numerous emergency purchases and a lack of preventa-
tive maintenance in the water & sewer system, Hill drove his message
into the minds of Mayor Howell, Commissioner Frye and other non-
believers.
Commissioner Hill questioned Frye on recently making over thirty-
five hundred dollars worth of emergency purchases and he challenged
him to produce a report of preventative maintenance guidelines at
the next city meeting.
Commissioner Frye's first response was to take offense at Hill's intru-
sion into his assigned water & sewer department guidelines. "This is
my territory," observed Mr. Frye. He explained, "Guidelines, as far as
the water & sewer department, is my guidelines."
And though admonished by the water & sewer commissioner, Hill
grinned that first term board member grin of his and assured Frye
that he had every right to observe the water and sewer department. "I
own one-fifth of this board," said Hill.
And though the board tried, they could not take the diesel out of
Wallace Hill. For there was more gas in Hill, than in the entire repub-
lican congress. And maybe Commissioner Hill was looking for atten-
tion. And maybe he wanted the headlines. Or maybe he knew his
history.
For the wise man is a student of history. It is no surprise to him that
history repeats itself; and the courageous man dares to keep the fu-
ture brighter than the past. And if Wallace Hill's nerve is intact, he
will continue to stick his nose into the water & sewer affairs...no
matter how bad the smell. And if he is a student of history, he will
remember the role of Jack Frye as Chairman of the Animal Control
Authority. He will remember that it took more than a handful of work
camp inmates to clean up a mess of animal carcasses and feces in
July on 1994 at the Franklin County Animal Shelter. And still the
animal shelter was closed for some time due to extreme contamina-
tion.
And so, Commissioner Hill,this advice is free. For even when 'the mayor
refers to you as the most "arrogant jackass" he's ever seen, you go
ahead and grin that first term grin, keep the community's interest at
heart, and kick like a mule until you find the truth. For if not for the
sake of your community, at least for the sake of your local commen-
tary writers. Brian Goercke


i1Mt POST OFFICE BOX 590
c-- EASTPOINT, FLORIDA 32328
904-927-2186
oI 904-385-4003 (TALLAHASSEE)
^11!o^ Facsimile 904-385-0830
THE FRANKLIN COUNTY CHRONICLE, INC.
Vol. 4, No. 12 16 June 1995
Publisher ............................................... Tom W Hoffer
Editor and Manager................ Brian Goercke
697-2675
Contributors .......................................... Paul Jones
............ Bonnie L. Dietz
............ Rene Topping
............ Judy Corbus
............ Wayne Childers
............ Laura K. Rogers
............ Amanda Loos
............ Becky Shirly
Survey Research Unit........................... Tom W. Hoffer
............. Eric Steinkuehler
Sales Manager........................... Teresa Williams
927-3361
Computer Systems,
Advertising Design,
Production and Layout ......................... Christian Liljestrand
.......... Eric Steinkuehler
.......... Audra Perry
.......... Kelly Franklin
.......... Phillip R. Salm
Circulation ........................ ................. Lee Belcher
......... Bonnie Dietz
Citizen's Advisory Group
George Chapel ...................................... Apalachicola
Sandra Lee Johnson ................................ Apalachicola
Grace and Carlton Wathen ................... Carrabelle'
Rene Topping ....................................... Carrabelle
Pat M orrison ......................................... St. George Island
Tom and Janyce Louthridge .................... St. George Island
Elizabeth and Jim Sisung........ .......... Eastpoint
Brooks W ade ........................................ Eastpoint
W ayne Childers ................................ Port St. Joe
Back Issues
For current subscribers, back issues of the Chronicle are available
free, in single copies, if in stock, and a fee for postage and
handling. For example an 8 page issue would cost $1.75 postpaid.
To others back issues are priced at 35 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 35 to the price quote above. In-county subscriptions
are $16.96 including tax. Out-of-county subscriptions are $22.26
including tax.
All contents Copyright 1995
Franklin County Chronicle, Inc.


-. - -. 1 -.' .16,





Get the DCA Out of Franklin County Affairs

Without commenting on the merits or demerits of the Resort Village
application for site approval and rezoning, I think it is time that the
Department of Community Affairs stop its involvement in Franklin
County politics and policy-making.
This County has matured since the old, and far-gone days of an Area
of Critical State Concern. The recent J. Thomas Beck letter, attempt-
ing to wedge "state oversight" is an insulting attempt to winnow into
the Franklin County Commission's authority to make decisions on
land use. Moreover, this is entirely inconsistent with the trend to
return such decision-making to a local level. This was done recently
through the judicial route in the recent upholding of the County's
veto power over leases-a decision with which this newspaper was
not happy. But, the bureaucratic meddling in County affairs by DCA
must stop. We note, in passing, that the City of Apalachicola has
chosen to remain under their purview, and for them, this has been
advantageous, as it has in the past for the county as a whole. But, in
life, we also deal with dynamics of change, and the DCA involvement
in commercial enterprise is not welcome. Their involvement should
remain in the traditional form-- through appeals and later review
when local decisions have been made.
Resort Village will rise or fall on many things, including market forces,
,which have yet to be given an opportunity to work. Up to now we
have had expressions of public concern, concern over many matters,
and that will continue at the local level consistent with the public
good, fair play and tolerance for the "other view." But to require more
money for simple bureaucratic review of rules which were installed
by the same bureaucracies which merely want to sustain their own
existence is intolerable.
While no longer relevant in terms of the FLWAC decision on Resort
Village, the agreement between the HEAD of DCA and Dr. Ben Johnson
stands in strange contrast with the J. Thomas Beck letter of 3 May
1995. Ms. Shelley agreed that Dr. Johnson fulfilled all requirements
under chapter 380 with regard to his development. Mr: Beck wants to
further define unknown requirements or "oversight" in the face of
already agreed-upon conclusions regarding substantial deviation from
the 1977 Development Order. What is going on here?
Does the chief follow one path and the subordinate agency yet an-
other path? This would appear to be an agency out-of-control.
And, we would think a Governor would want to dissociate himself
from such bureaucratic encirclement, especially since he was so in-
terested in avoiding direct confrontation at the level of the Florida
Water and Adjudicatory Commission level. I would like to think that
the Governor of Florida would stimulate, encourage and otherwise
support the growth of private enterprise. We hear so often these days
the old refrain about the "partnership with government and private
enterprise
Perhaps the dismantling of red-taped, bureaucratic mechanisms would
help that "partnership." The' DCA mode in this recent example is not
much to write home about. There are other examples too, but we
won't get into the commercial fishing industries on this column.
Tom W. Hoffer


Alligator Point

By Paul Jones
As Hurricane Allison skirted along the edge of the Gulf of Mexico from
Apalachicola to North of Dekle Beach, homeowners on Alligator Point
heeded the mandatory evacuation order and then awaited the worse.
Fortunately, the subtle demeanor of the force of the wind caused
surprisingly little structural damage to homes on the Point.
The main damage sustained by property owners was due to the force
of the water surge which undermined seawalls and unelevated struc-
tures. This first named hurricane of the 1995 season was strikingly
similar to a sister (first tagged) hurricane that slammed into the Point
on June 19, 1972 named Agnes. Agnes' water surge, not the wimpish
wind, damaged an endless number of revetments and destroyed over
a dozen unelevated structures.
Major news services were reporting that the storm had literally again
wiped out the so called "million-dollar" new road segment in front of
Alligator Point Camp Grounds. This was not the case, no paving had
taken place, only the initial base had been put down by the county
adjacent to the newly constructed state-of-the-art road protective re-
vetment. The damage along the revetment consisted of an almost
total loss of the wooden pedestrian access ramp to the beach and the
disheveled chards of granite rock thrust from the banks of the revet-
ment onto the graded road bed.
There was road damage to County Road 370... immediately West of
the revetment site, an approximate 200 feet of paving was buckled on
the beachside lane. This was the thin apron of right-of-way that
officials had neglected to protect in their grandiose road savior plan.
The Franklin County road crews moved in as the storm subsided to
bolster the damaged road with a massive sand bulkhead. With assis-
tance from the Florida Department of Transportation the county con-
tinued with their bulkhead for another approximate 1200 feet West-
ward of the damaged section of road.
Initially, the county was going to follow up and add rocks in the con-
struction of the bulkhead ...now that appears to be on hold. It is only
a guess of how long this bandied span of road will exist.


In St. Marks, at the intersection of Leon Drive and Termi-
nal Drive, looking east into the flood zone. The evacuation
order for Allison was given Sunday afternoon, 4 June 1995.
Eight businesses in St. Marks suffered flooding from a six
foot storm surge.


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TNT NEA TE TE SGT
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Wakulla Deputy Daniel Dailey braces for traffic on the cor-
ridor road to St. Marks the day after Allison made landfall.


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From the 1840s until the 1860s slaves numbered nearly
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served as agricultural laborers, but others worked in the
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some of whom, like the Tallahassee Proctor family, became
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Notes From the Bench-

An Interview with Judge

P. Kevin Davey _


By Brian Goercke

After sitting through and report-
ing on nearly a half-year's worth
of court proceedings, I have had
the opportunity to examine both
the style and substance of Fran-
klin County's Second Circuit
Court Judge P. Kevin Davey.
From the very beginning, I noticed
that Judge Davey seemed to have
a genuine humanistic quality
about him. And for some time af-
ter, I have watched Davey speak
to, and not at, the many defen-
dants who have come before him.
I have never seen Judge Davey try
to ridicule or degrade any indi-
vidual, though have heard him
speak earnestly and often pater-
nally to them. And in the end, it
seems that Davey has been able
to remove himself from any feel-
ings that would favor either the
defense or prosecution, and make
a fair and reasonable ruling.
It was therefore with great deal of
disappointment in mid-May that
I learned that Judge Davey would
be transferring to Gadsden
County for a two year term. How-
ever, It was with great pleasure
that I was able to secure an in-
terview with the exiting Second
Circuit Judge.

Background History

Judge Davey was born in Lansing,
Michigan and was raised in
Bradington, Florida. He attended
t the University of Florida in 1967
and began his major in Journal-
ism. After taking a course in Con-
stitutional Law, he became in-
trigued in legal studies. "I did feel
that journalism would be a good
major for someone that was go-
ing to be a lawyer," said Davey,
"Because it was an area of course
work where you do get to write."
He mused, "The law is quite in-
teresting in that it's an evolution-
ary, rather than revolutionary,
process."


On Journalism

The field of journalism, noted
Davey, has undergone a "meta-
morphosis" in the past twenty
years. Sensationalism, he feels,
has dominated the news. Davey
attributed the change to such fac-
tors as the Vietnam War and the
Watergate Scandal. He said that
his experience in the field ofjour-
nalism has helped him to better
understand the role of the jour-
nalist. However, he also noted that
the current practice within the
daily periodicals were puzzling. "I
just think that many editors to-
day feel like they have to put in a
sensational crime stories on page
one or people won't buy the news-
papers. I don't think that's giving
a lot of credit to the readership.
Newspapers are the one place
where you can get some detailed
information. On television, you're
going to get a one minute or three
minute sony sandwich. I don't
want to buy a newspaper to get
something you could see on tele-
vision"

"The Plum
Assignment"

Judge Davey stated that there are
six counties involved in the sec-
ond judicial circuit. According to
Davey, approximately eighty per-
cent of the judicial casework is in
Leon County due to the larger
population:
To be in Franklin County, It's a
pleasure. The people are won-
derful. I've been treated very
well here and I think all the
judges are. I don't think you'll
find a judge that will say any-
thing bad about Franklin
County or its people. I think I
can say that this assignment is
the plum assignment for our
circuit. And, I feel, if any us
could have this assignment
from here on out, we would take
it...and be glad to have it. But,
Because it's important that ev-
eryone be given a change of


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scenery and an opportunity to
handle cases in different areas
of the law and different coun-
ties of the circuit, we and most
other circuits have a rotational
system, where we rotate assign-
ments every two years.

Unfortunately, I think It's hard on
the staff people, the clerks and the
bailiffs, to have these changes
every two years. By the time they
get used to someone like me, then
they've got to learn the quirks and
idiosyncrasies of someone else'.
But, I think It keeps us fresh, be-
cause this can be a relatively
stressful, difficult and challeng-
ing job. It's of some comfort for
all of us to change assignments
now and again to keep fresh. It
doesn't mean the stress or chal-
lenges go down, but it gives us a
change of scenery and venue.

On Crime

"We have a lot of freedoms in our
society, which a lot of our parents
and grandparents fought and died
for. Along with those freedoms,
unfortunately, come people who
will try to take advantage of those
freedoms. If you want to live in a
totalitarian state, you won't have,
very much crime. If you want to
live in a state that prides itself on
individual freedom, then an un-
fortunate by-product is crime."
Judge Davey felt that Franklin
County was much like any other
rural county as far as type of
crimes and the rate of crime. He
noted that there had been an in-
crease in the past year of child
molestation cases. Davey could
than severe punishment. "Other
people who commit serious
crimes that are committed by
. people who are career criminals
or whose crimes are serious where
people get seriously hurt, those
people have demonstrated by
committing those crimes that
they're a danger to the commu-
nity; and they need to be pun-
ished and they need to be re-
moved from the community so
nobody will get hurt in the future.


There's no way to predict future
behavior. The only possible pre-
dictors are what people do in the
past. You hope that people are
learn something in jail, but un-
fortunately vast majority of them
don't."

Judge Davey felt that the prisons
were providing a fair amount of
substance abuse treatment pro-
grams for the inmates. "I think
that a number of people that I
have recommended for these
problems are helped by 'them.
Though I tell them before I send
them there that 'neither me, nor
your mother, nor your attorney or
anybody else can decide that
you're not going to stop taking
drugs. Only you can decide that.'
I think there are fairly decent pro-
grams available, though whether
they can serve everyone that
needs them, I don't know."

Davey recalled a statistic related
to him by an old friend of his
within the Department ofCorrec-
tions. "He felt that one-third of
not pinpoint whether more moles-
tation crimes were occurring or if
the community and law enforce-
ment agencies were becoming
more aware of such cases.

Punishment vs.
Rehabilitation

Judge Davey felt that rehabilita-
tion for first time offenders and
for younger individuals was ap-
propriate. He felt that, If the indi-
viduals committed a crime that
was too serious, rehabilitation
would better served them, rather
those in prison should not be im-
prisoned, one-third should be
imprisoned for a reasonable
length of time and then released,
and one-third of the prisoners
'should never be released." He
continued, "I don't know where he
got his statistics," noted Davey,
"I guess it came from forty or fifty
years in the Department of Cor-
rections. Unfortunately, in our
society society, there are a cer-
tain number of people who really


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COME TO TIHE FLNRANLIN
COUNTY pUBLIC LIBRARY
CARRABELLE LIBRARY'
TUES. jUNE 20,-6:00
EASTPONT LIBRARY
ThURS. JUNE 22, 6:00


The Franklin Chronicle 16 June 1995 Page 5


can't be out. They have demon-
strated that if they are on the
street, they're going to hurt some-
body. Fortunately, the number of
these kinds of people is not that
great."

Sentencing Guidelines

Judge Davey felt that the imple-
mentation of sentencing guide-
lines in 1983 was initially help-
ful. The guidelines offer a uniform
sentence for particular crimes
based on varying prior criminal
records. "Because of the prison
overcrowding situation, the guide-
line sentences that some of the
judges opposed were meaning-
less. And even today they're some-
what meaningless." He con-
cluded, "You've got sentencing
guidelines, but every single per-
son that comes up before you is
an individual human being and
has a totally unique set of circum-
stances. I think the judges job is
to try to determine what hap-
pened in the case and what the
person's prior record; and then
determine the appropriate sen-
tence for that crime and that
criminal defendant."
In ruling on a case, Davey noted
that it was extremely difficult to
put emotions aside before mak-
ing a sentence. "I try to look at
each case individually. I try not
to make it an emotional decision.
I try not to have too much sym-
pathy for the victims, although we
do. And you don't want to have
too much disdain or sympathy for
the defendant. I think you have
to be fair, firm, just and impar-
tial. Sentencing is difficult. I lose
a lot of sleep of that, because
there's a lot of different factors to
take into consideration. You cer-
tainly want to protect the public,
but by the same token, you don't
want to give a sentence that is too
harsh for the crime that was com-
mitted."

Sensationalism In Law
Making

"People make these statements
like three strikes and you're out.
You could have a person who gets
caught with three nickel bags of
marijuana over a two month pe-
riod, because they're strung out
on marijuana...and under some
congressman's theory, that per-
son should be sent to jail for life
with no possibility for parole at
the cost of twenty to twenty-five
thousand dollars a year. Well,


that's senseless." Davey contin-
ued, "By the same token, you
get somebody who's killed
someone under heinous
circumstances...who's indefen-
sible. That's the type of person
who should be, if not executed,
at least put in jail for the rest of
their life. You can't equate that
with the prior crime. The sort of
things that are popular like three
strikes and you're out don't often
make a lot of sense in reality."

"The Data
Computation Age"

"Our whole society is now in the
data computation age. I think
people have the idea that we can,
by technology, make these deci-
sions (according to legislation like
Three Strikes and You're Out.). I
just don't think we can. If that
were the case, all you'd have to
do is feed the data into the com-
puter and let the computer say
what the sentence is. I don't think
you can do that. There are too
many variables on each person's
case. You can't take a law that
says anytime you commit three of
a certain type of an offense, you
should be locked up for life and
never get out. And If you commit
a serious offense like murder, you
shouldn't get three chances. "

Early Releases

Judge Davey has voiced frustra-
tioin the past for extraordinar-
ily early releases. He noted, "When
I sentence someone to jail for
twenty-four months, I anticipate
that the person will serve at least
twenty of those months. They'll
get some time off for good behav-
ior, because that's a prison popu-
lation control mechanism that
they've got to have. To keep con-
trol of prisoners, there's got to be
some incentive for behaving. Be-
cause, obviously, these people in
prison are people who are not
prone to behave and follow the
rules of society. Though, when I
sentence someone to prison for
twenty-four months...and it's a
fair sentence by all accounts, I
don't expect him to get out in
three or four months. That's not
right. I have the least control on
how much a person serves, than
anyone in whole situation. The
inmate, if he does well in prison,
can reduce his sentence signifi-
cantly. The Department of Correc-
tions has much more say about
how much time a person serves
than we do."


Continued on page 6



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Page 6 16 June 1995 *


The Franklin Chronicle


Published every other Friday


Continued from page 5

On Capital
Punishment

Judge Davey stated mixed opin-
ions on the death penalty acting
as a deterrent to would-be crimi-
nals. "To some people it's (the
death penalty} is a deterrent. To
some people, knowing there's a
death penalty, causes them to kill
the victims. There are statistics
going both ways. To me person-
ally, jail and the death penalty are
huge deterrents. To someone who
doesn't care about the law and
doesn't really think It affects
them, I don't think the death pen-
alty is a deterrent. To most... I
think it's a huge deterrent."

Juvenile Crimes

Davey stated that, being a father
of five, has helped him to work
with and understand juveniles to
a greater degree. "I just try to treat
everyone the same that I would
want to be treated if I were in the
same boat. You'll never see me
lecture or demean someone. And
we have some tremendously sig-
nificant crimes that are commit-
ted by juveniles. When I was a kid
growing up, we had stuff like egg-
ing people's houses or knocking
down mailboxes with cherry
bombs. And...that's not right, but
that's sort of the juvenile offenses
that you had."

The increasing seriousness of ju-
venile crimes has Judge Davey
concerned with the type of sen-
tencing the court is able to im-
pose. "You have juveniles commit-
ting burglaries, robberies, armed
robberies, rapes and murders.
The juvenile system that was de-
veloped in the thirties, forties and
fifties worked really well on those
minor crimes, but it doesn't work
really well on the adult crimes.
Now the state has the ability to
treat these people as adults, but
it's only under certain circum-
stances that it can happen. If you
get shot, it doesn't matter if it's
by a sixteen year old, a fourteen
year old or a twenty-four year old.
Juveniles who commit these
crimes shouldn't be on commu-
nity control. They should be
locked up. There aren't adequate


tools to take care of some of the
kids who are not doing well."

Davey noted that juvenile crime
has increased in the past five
months. He felt, however, that the
juvenile crime rate was not out-
rageously high considering the
scarce recreational opportunities
for the county's youth. "I think
there is a small amount of juve-
nile crime when you consider how
little activities or organized activi-
ties there are for them." Davey felt
that the community, on the whole,
had kept juvenile crime down by
its work ethics. "There's a lot of
twelve or fourteen year old kids
who you'll find staying busy work-
ing on their dad's oyster or shrimp
boats. And there's nothing wrong
with that. One of the problems in
our society is that we don't have
enough jobs for our young people,
so they often turn to crime."

Plea Bargaining

The existence of plea bargaining
in the judicial system is some-
thing that Judge Davey consid-
ered a "necessary evil." He ex-
plained, "There are not enough
judges, or state's attorneys or
public defenders to take every
case to trial. Ninety-two percent
of all civil and criminal cases are
resolved without a formal trial.
We're going full steam trying to try
ten percent or less of all cases. I'd
hate to think what would happen
if twenty percent of those cases
wanted a trial. I'm not saying it's
a perfect form of justice. Some-
times it results in either sentences
that are too short or too long. I do
know that people enter pleas of
convenience all the time. I'd hate
to think that someone who was
truly innocent would enter a plea
bargain."

The Most Difficult
Cases

Among the most difficult cases to
preside over, Davey listed custody
cases as the toughest. "When both
parents are good parents or bad
parents, It's a difficult decision to
make on what would be best in
the interest of the child."

He concluded, "I've got the only
job that when people leave my of-
fice, for sure fifty percent and
sometimes one hundred percent


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aren't happy with the decision I've
made. I just try to do the best I
can, listen really careful to the
evidence and apply the applicable
law. It's not generally me who de-
cides a case, it's the evidence that
does. I just hope people consider
that I'm a fair-minded, hard work-
ing, independent person. That's
what I try to be. I guess as long
as I happy with what I think I'm
doing, I don't think I have to sec-
ond guess myself."


Health and

Environment

Camp

This summer the University of
Florida's Area Health Education
Centers and the Florida 4-H Pro-
gram are offering a unique edu-
cational opportunity with an em-
phasis on Health Careers and En-
vironmental Awareness for youth
ages 12 14. This camping pro-
gram offers a unique combination
of activities that will introduce
participants to the health career
elds and environmental studies.
The schedule is designed to chal-
lenge young people both physi-
cally and mentally in a residen-
tial camp setting. An exploration
of Health Careers through activi-
ties designed to enhance the
middle school students knowl-
edge of the many health career
opportunities such as a nurse,
physician, physical therapist and
other health professions will be
included. Environmental and rec-
reational activities such as
aquatic studies, canoeing, hikes
and owl prowls allow participants
to explore the environment first
hand.

The camp will take place at the
Cherry Lake 4-H Center, near
Madison, Florida and will run
from 31 July 4 August, 1995.
The cost of the camp is $50.00
and the registration deadline is
15 June.

To receive a registration package
or for more information, call the
Franklin County Extension Pro-
gram at 653-9337.

Energy Camp

This summer, the University of
Florida's 4-H Program will present
a unique educational experience
with an emphasis on energy edu-
cation and environmental aware-
ness. The program will be offered
to youth ages 10 12. The 4-H
Energy Education Center will pro-
vide an opportunity for young
people to explore energy related
resources through hands-on
demonstrations and activities.
Examples of activities include:
"The Science of Energy," "Energy
Cycle," solar energy demonstra-
tions, energy efficient lighting sys-
tems and compost recycling
projects.
The camp will be held at the
Cherry Lake 4-H Center, near
Madison, Florida from 7 11 Au-
gust, 1995. Through a generous
monetary gift from Chevron,
U.S.A. the cost to each camper is
only $25.00 for the five day pro-
gram.
The registration deadline for this
program is 5 June.
To receive a registration package,
or for more information, call the
Franklin County Extension Pro-
gram at 653-9337. For additional
information contact: Bill Mahan,
County Extension Director

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Nix Ruled

Incompetent

to Stand Trial

Jay Nix was involuntarily commit-
ted to a psychiatric clinic in
Chatahoochie on May 24 by
Judge P. Kevin Davey. Davey
ruled that Nix was mentally in-
competent to stand trial at the
present time.
Nix was initially arrested and
charged with second degree mur-
der in March; he was later in-
dicted on capital first degree mur-
der charges on May 3.
Psychiatrists Harry McClaren and
John Peterson were assigned to
assess the mental condition of
Nix. Both McClaren and Peterson
determined that Nix lacked the
capacity to communicate with
and receive counsel from his at-
torney. They also reported that
Nix was not competent to testify
or understand the penalty phase
of his trial. Jay Nix was diagnosed
with a severe schizophrenic dis-
order and with having acute psy-
chotic episodes.
Nix will remain in Chatahoochie
until he is ruled competent to
stand trial. Nix can be held at the
psychiatric facility for up to five
years. If Nix is held for the five
year period, he will not be re-
quired to stand trial for his capi-
tal murder charges. If Nix is re-
leased from Chatahoochie and
later convicted on his first degree
murder charges, he may receive
the death penalty.


Another Rescue

at Sea-- Coast

Guard Plucks

Two Women from

the Gulf

After 27 hours in the water,
Georgians Vicki York and
Linda Walters were taken from
the Gulf of Mexico to Panama
City on Wednesday afternoon
at 2:27 p.m. by a U.S. Coast
Guard helicopter. The pair had
been diving from a boat oper-
ated by Captain Black's Dive
Center in Port St. Joe and
when they did not reappear,
the crew notified authorities
immediately.
A search began, involving a
41-foot utility boat with Navy
divers, and two air search air-
craft. The next day, Wednes-
day 14 June 1995, the aircraft
spotted them 16 miles south-
east of the artificial reef formed
by the old ship Empire Mica,
a traditional diving spot. A raft
was air-dropped, and the pair
made their way into it until the
helicopter arrived.
Both women were taken to the
Bay Medical Center and
treated for mild hyperthermia
and released although an in-
vestigation is still continuing.
York and Walters were wear-
ing flotation collars as well as
their spent scuba equipment
when found.


St. Marks River Entrance, Fla., 1995
Times and Heights of High and Low Waters

(All daily tide predictions are based on the standard time meridian
indicated for each location. Predicted times may be converted to day-
light saving times, where necessary, by adding I hour to these data.)


June
Time Height
h m ii c'
16 0440 3.4 104
F 0955 1.4 43
1553 3.9 119
2259 -0.1 -3
17 0521 3.3 101
Sa 1047 1.4 43
1642 3.6 110
2340 0.3 9
18 0602 3.2 98
S1146 1.4 43
1740 3.1 94


19 0021
0646
1300
0 1856
20 0106
Tu 0738
1430
2040
21 0200
w 0838
1559
2221
22 0302
Th 0941
1708
2332
23 0406
F 1037
1801

24 0022
Sa 0503
1124
1844
25 0102
Su 0552
1206
1921
26 0138
m 0635
1242
1956
27 0212
Tu 0715
1316
2027
28 0244
w 0753
1348
2055
29 0316
T3 0830
1421
2122
30 0347
F 0907
1454
2149


SUBSC{llRIBE TO[0
T FRANKIN

CU0NTY


July


Time Height
h m f cm
S0418 3.5 107
Sa 0946 1.3 40
1531 3.9 119
2218 0.0 0
2 0449 3.5 107
S 1028 1.2 37
1611 3.7 113
2250 0.2 6
3 0522 3.5 107
M 1115 1.2 37
1659 3.5 107
2328 0.4 12
4 0559 3.5 107
Tu 1212 1.1 34
1759 3.2 98


5 0012
w 0642
1320
o 1916
6 0105
Th 0734
1439
2051
7 0209
F 0836
1559
2225
8 0321
Sa 0943
1709
2341
9 0433
Su 1048
1810

10 0042
M 0538
1147
1903
0133
Tu 0635
1241
1952
12 0218
w 0727
1332
0 2037
13 0258
Th 0816
1420
2118
14 0336
F 0902
1506
2156
15 0410
Sa 0948
1551
2231


Time Height
h m ft cm
16 0443 3.5 107
Su 1035 1.1 34
S1636 3.6 110
2303 0.6 18
17 0515 3.4 104
1127 1.1 34
M 1726 3.2 98
2335 1.0 30
18 0548 3.4 104
Tu 1227 1.1 34
1827 2.8 85


19 0008
w 0626
1343
0 1952
20 0049
TI 0716
1515
2140
21 0148
F 0828
1638
2305
22 0307
Sa 0952
sa1739

23 0001
S- 0425
su 1058
1825
24 0043
2 0528
M 1147
1903
25 118
fu 0617
S1228
1936
26 0151
w 0700
1303
2005
27 0221
Th 0739
1337
* 2032
28 0250
F 0815
1410
2057
29 0317
Sa 0852
1445
2123
30 0343
Su 0929
Su 1523
2150
31 0410
M 1008
M 1604
2221


Quartet, continued from
page 1
"Everyone had been so support-
ive" when interviewed at Eastpoint
on Wednesday, 14 June. She
added, "When we were notified at
6 a.m. that everyone had been
rescued, North Bayshore Drive
woke up."


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Published every other Friday


The Franklin Chronicle 16 June 1995 Page 7


MARINE FISHERIES COMMISSION

Emergency Trawl Specifications

The Chronicle is reprinting most of the Commission's official
statement on the "Emergency Trawl Specifications" as it is a
matter of wide public interest in the fishing industry.
Specific Reasons for Finding an Immediate Danger to the
Public Health, Safety, and Welfare:
On November 8, 1994, the electorate of the State of Florida adopted Article X.
Section 16 to the State Constitution. Tile provision prohibits the use of gill or
entangling nets to take marine animals and places limitation on other nets,
including shrimp trawls, in nearshore and inshore Florida waters, the consti-
tutional provision effectively changes the direction of marine fisheries in the
state.
The Marine Fisheries Commission is prepared to propose rule amendments
and a new rule to conform the Marine Fisheries Commission's shrimp and
trawl gear rules to this new direction, implement new prohibitions and speci-
fications to enhance enforcement of the amendment, and provide guidance to
Florida citizens in complying with the requirements of the new provision. The
new constitutional provision limits trawls and other nontangling nets used in
nearshore and inshore Florida waters to no more than 500 square feet of
mesh area.
This limitation on mesh area is to be applied to trawls through application of
the formula for the lateral surface area of a cone, but the amendment does
not provide further trawl specifications, A judicial construction of the wording
of Article X, Section 16 was sought in the Case of Millender, et al. v. State of
Florida, and the Florida Marine Fisheries Commission, which was not decided
until May 11, 1995. Judge Kevin Davey of the Circuit Court for Franklin County
render a declaratory judgment establishing that the length of a trawl for pur-
poses of determining the mesh area is calculated with meshes open and de-
claring a trawl with a perimeter around the mouth of 65.75 feet to meet the
500-square foot limitation of the amendment. The late date of the decision
does not allow enough time for the Commission to adopt its implementing
rule amendments and new rule for trawl fishing prior to the July 2, 2995
effective date of the new constitutional amendment by regular rulemaking.
Because the 500-square feet limitation of the amendment renders no practi-
cal guidance as to the appropriate perimeter size for trawls, emergency action
is necessary to provide such specifications. Trawl users will need to acquire
new gear or modify existing gear in order to avoid violating the constitutional
amendment beginning July 1, 1995. The Florida Marine Patrol will need speci-
fications to facilitate enforcement of the amendment. Failure to give the nec-
essary guidance would create undue hardship on shrimp harvesters and con-
fusion and conflicts in coastal communities where that atmosphere is already
volatile from the accompanying gill net ban provisions of the amendment.
Therefore, the Florida Marine Fisheries Commission finds that there is an
immediate danger to the public welfare in immediate action is not taken to
implement specifications for trawls allowed to be used in nearshore and in-
shore Florida waters, beginning July 1, 1995, pursuant to Article X. Section
16 of the Constitution of the State of Florida. The Commission also finds that
the most appropriate and least restrictive means to alleviate the hardship and
confusion created by these circumstances is to specify a maximum perimeter
of 66 feet around the mouth of each trawl used in nearshore and inshore
Florida waters. During the 90-day term of this emergency rule, the Commis-
sion intends to amend its regular rules to implement such trawl gear specifi-
cations.
Reasons for Concluding that the Procedure Used Is Fair
Under the Circumstances:
By notice published in the May 19, 1995 issue of the Florida Administrative
weekly, interested persons were apprised that an emergency rule to establish
trawl specifications according to the anticipated declaratory judgment would
be considered at the Commission's regular June 5-7, 1995 meeting in Sebring,
Florida. Additionally, a press release was distributed on May 8, 1995, to more
than 1.200 persons and organizations on the Comm-nission's mailing list, in-
cluding major state newspapers and electronic media, which press release
listed the agenda for the June meeting, including emergency rule consider-
ation on this subject as an item for decision. Public testimony was allowed at
the meeting and was solicited from the representatives of statewide organiza-
tions interested in this subject as well as trawl users in attendance. The Com-
mission also considered written comments submitted at the meeting from one
statewide organization representing commercial shrimp trawl users.
At the meeting on June 5, 1995, the Commission determined that an emer-


Marine
Fisheries
Commission
STATE OF FLORIDA

MFC Takes

Action on

Saltwater

Fishing

Issues

The Marine Fisheries Commission
held a public meeting in Sebring
6-7 June 1995 and took the fol-
lowing action:
Spotted Seatrout
The Commission received public
comment and approved a draft
rule to manage the state's
stressed spotted seatrout fishery.
This proposed rule would:
prohibit all harvest of spotted
seatrout in state waters from
the Pinellas/Pasco county lines
to the Florida/Alabama line in


January and February, and in
all other state waters in Novem-
ber and December
* establish daily recreational bag
limits of 8 spotted seatrout har-
vested in state waters from the
Pinellas/Pasco counties line to
the Florida/Alabama line, and
8 spotted seatrout harvested
from all other state waters
*establish a 15 inches, total
length minimum size limit and
a 20 inches total length maxi-
mum size limit for spotted
seatrout harvested in state wa-
ters (one fish larger than 20
inches total length would be al-
lowed to be harvested daily)
allow the commercial harvest
and sale of spotted seatrout in
June, July, and August only,
with a 50 fish daily commercial
vessel limit-only the use of
beach and haul seines, cast
nets, and hook and line gear
would be allowed for the com-
mercial harvest of spotted
seatrout
prohibit the possession spoiled
spotted seatrout on any vessel
with gill nets aboard. The Com-
mission directed staff to sched-
ule a final public hearing on this
proposed rule during its next
regular meeting, which will take
place 7-9 August 1995 at the


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agency exists with respect to the specifications for the trawl fishery and ap-
proved the wording of an emergency rule. 46ER95-1. The Commission voted
to submit the emergency rule to the Governor and Cabinet sitting as the
Board of Trustees of the Internal Improvement Trust Fund, for approval at
the June 27, 1995 meeting of the Governor and Cabinet. At any meeting of the
Governor and Cabinet in which a rule of the Marine Fisheries Commission is
to be considered, interested persons are allowed to address the merit of the
rule.
Notice of possible Governor and Cabinet consideration of an emergency rule
was distributed to all persons normally receiving the agenda of MFC items to
be considered at Governor and Cabinet meetings. The entire text of this emer-
gency rule is to be published in the Florida Administrative Weekly and distrib-
uted to the Joint Administrative Procedures Committee of the Florida Legisla-
ture as required by Section 370.54(9), Florida Statutes. Notice of the action
taken by the Governor and Cabinet in approving the rule was distributed
following the meeting to 1,200 persons and organizations, including major
state newspapers and electronic media. maintained on the Commission's regu-
lar mailing list. Permanent rulemaking proceedings will be begun to remedy
the problems addressed by this emergency rule.
The Florida Marine Fisheries Commission hereby finds that the procedures
used to promulgate this emergency rule are fair under the circumstances.
Summary of Rule:
Emergency Rule 46ER95-1, by its terms, is effective July 1, 1995. Subsection
(1) prohibits the use of any trawl in inshore and nearshore Florida waters
which has a net or bag with more than 500 square feet of mesh area. Subsec-
tion (2) prohibits the use of any otter trawl that has a perimeter around its
mouth greater than 66 feet, in those areas of the state (Northwest, Southwest,
and Northeast Regions) where larger trawls are allowed by current rules. Ad-
ditionally, in those areas where two otter trawls are allowed to be towed (North-
west Region and Tampa Bay), use of more than two otter trawls, including any
net is prohibited. Subsection (3) defines the terms "mesh area," nearshoree
and inshore Florida waters," "Florida waters," "coastline," "trawl," and try net
for purposes of the emergency rule.
A Copy of the Emergency Rule May Be Obtained By Con-
tacting:
Dr. Russell Nelson, Executive Director, Marine Fisheries Commission, 2540
Executive Center Circle West, Suite 106, Tallahassee, Florida 32301.
The Full Text of the Emergency Rule Is:
46ER95-1 Emergency Trawl Specifications-Beginning July 1, 1995:
(1) No person shall operate or fish in nearshore and inshore Florida
waters any trawl with a net or bag containing more than 500 square feet of
mesh area.
(2) Notwithstanding the provisions of Rules 46-31.010 (1) (b), 46-
31.012 (1) (b), and 46-31.014 (1) (b), F.A.C.:
(a) No person shall harvest shrimp in nearshore and inshore Florida
waters as a food shrimp producer with any otter trawl that has a perimeter
around the leading edge of the net greater than 66 feet.
(3) For purposes of this emergency rule:
(a) "Mesh area" of a net means the total area of netting with the
meshes open to comprise the maximum square footage. The square footage
shall be calculated using standard mathematical formulas and geometric
shapes. The mesh area of a trawl shall be calculated as a cone using the
maximum circumference of the net mouth to derive the radius, and the maxi-
mum length of the net, with meshes open, from the center of the headrope at
the net mouth to the tail end of the net to derive the slant height..
(b) "Nearshore and inshore Florida Waters" means all Florida waters
inside a line three miles seaward of the coastline along the Gulf of Mexico and
inside a line one mile seaward of the coastline along the.Atlantic Ocean.
(c) "Florida waters" means the waters of the Atlantic Ocean, the Gulf
of Mexico, the Strait of Florida, and any other bodies of water under the juris-
diction of the State of Florida, whether coastal, intracoastal or island, and
any part thereof.
(d) "Coastline" Means the territorial sea base line for the State of
Florida established pursuant to the laws of the United States of America.
(e) "Trawl" has the meaning specified in Rule 46-31.006(23), F.A.C.
(f) "Try net" means a small otter trawl used to test waters for the
presence or size of shrimp.
Specific Authority Art. X, Section 16, Florida Constitution: 370.027(2), F.S.
Law Implemented Art. X. Section 16, Florida Constitution; 370.025, 370.027,
F.S.
Effective Date: July 1, 1995.


Adam's Mark Hotel in Daytona
Beach.
Red Drum
The Commission received scien-
tific and public comment and di-
rected staff to draft proposed rule
amendments that-would allow the
harvest of red drum (redfish) year
round by eliminating the current
March, April, and May closed sea-
son, and eliminate the current 27
inches maximum size limit for red
drum. Dr. Russell Nelson, Com-
mission Executive Director, said,
"Red drum recovery has occurred
somewhat faster than anticipated,
allowing for increased access to
the resource now-without risk to
the overall rebuilding plan." The
Commission intends for these
proposed rule amendments to
take effect 1 January 1996, if ap-
proved.
Shrimp
The Commission considered legal
issues regarding a state circuit
court interpretation of shrimp
trawl measurement requirements
in the Constitutional Amendment
passed in November that will limit
net fishing beginning 1 July 1995,
and voted to participate in an ap-
peal of the circuit court decision
In addition, the Commission re-
ceived public comment and voted
to propose an emergency rule that
would:
* prohibit the use of any trawl in
inshore and nearshore state


other marine species, and dis-
cussed the prohibition on the use
of frame nets in southeast Florida.
Traps
The Commission received public
comment and directed staff to
schedule a final public hearing in
Daytona Beach in August on pro-
posed rules that would:
* allow baiting of blue crab peeler
traps with live male blue crabs
only
* require all blue crab traps with
I 1/2" mesh to have escape
rings
* require escape rings in wire
stone crab traps used to har-
vest blue crabs
* establish a maximum throat
size for stone crab traps as 3
1/2" X 5 1/2", using the inside
dimensions of the narrowest
point of the funnel
* establish a minimum throat
size for lobster traps as 4" X 6",
using the inside dimensions of
the narrowest point of the fun-
nel
* require stone crab slat trap
throats and lobster trap throats
to be located on the top of the
trap
* establish a maximum size for
stone crab traps as 2' X 2' X 2'
* define "untreated wood" as be-
ing pressure treated with a
maximum of 0.40 pounds of
chromated copper arsenate
(CCA) compounds per cubic foot
of wood
require degradable panels in all
non-wooden stone crab and
non-wooden lobster traps
'* define degradable panels for
lobster traps as a wooden lid
located on the top of the trap
define degradable panels for
stone crab traps as having
wooden slats with a maximum
thickness of 3/4" that covers an
escape hole at least the same
size or larger as the dimension
of the smallest opening of the
throat
define degradable panels for
black sea bass traps using the
same definition as for blue crab
traps
allow wire stone crab traps to
have the same degradable pan-
els as those established for blue


waters that contains more than rab traps
500 square feet of mesh area crabtraps


* prohibit the use of any otter
trawl that has a perimeter
around its mouth greater than
66 feet
* prohibit the use of more than,
two unconnected otter trawls,
including any try net
The Commission will take this
emergency rule to the Governor
and Cabinet for approval on
27 June 1995, and the rule would
be effective from 1 July through
28 September 1995 if approved.
The Commission also directed
staff to schedule a final public
hearing in Daytona Beach in Au-
gust on a proposed rule that.
would continue the above provi-
sions, pending the outcome of liti-
gation. This proposed rule would
also include a provision that
would allow the use of two trawls
with a perimeter around the
mouth of each trawl no greater
than 44 ft. in length in the inshore
waters of the Northeast Region,
and other shrimp fishing provi-
sions. ,
In other action, the Commission
received scientific and public
comment and directed staff to
draft a proposed rule for Commis-
sion consideration in August that
would require offshore shrimpers
in northeast Florida to use cer-
tain bycatch reduction devices to
reduce the bycatch of finfish and


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* gA rcg i3 :2gSt


- allow the harvest of the recre-
ational bag limit of fmfish spe-
cies from crustacean traps
* allow recreational fishermen to
use up to five stone crab traps,,
with a daily bag limit of 2 gal-
lons of stone crab claws
Bluefish
The Commission reviewed a draft
rule that would establish an an-
nual commercial quota of 877,000
pounds for bluefish harvested on
the state's Atlantic Ocean coast,
and directed staff to schedule a
final public hearing if requested
on this proposed rule in Daytona
Beach in August
Red Snapper
The Commission reviewed a draft
rule that would increase the 2 fish
daily bag limit on red snapper to
5 fish for all harvesters on the
state's Gulf of Mexico coast, and
prohibit the sale of red snapper
when federal sale closures occur
in Gulf waters The Commission
intends that this draft rule take
effect 1 January 1996 if approved.
Finfish
The Commission received scien-
tific and public comment and di-
rected staff to draft proposed rules
to manage several finfish species.
These rules would:


* standardize rules by setting
categorical bag limits with stan-
dard minimum sizes and bag
limits for species groups, and
standardize fish measurements
as that from the tip of the snout
or front-most part of the fish to
the rear center edge of the tail
* establish a 12 inches minimum
size limit for all harvest of floun-
ders, sheepshead, Florida pom-
pano, and permit
* a 10 fish daily recreational bag
limit would apply to species in
this group (however, an aggre-
gate bag limit of 10 fish for
Florida pornpano and permit
would apply, with one fish over
20 inches allowed)
* establish a 15 inches minimum
size limit and a 2 fish daily bag
limit for all harvest of tripletail
* establish a 1 fish daily bag limit
for all harvest of African pom-
pano, and prohibit its sale
The Commission intends that
these proposed rules take effect
1 January 1996 if approved.
Other Meeting Action
The Commission received reports
and:
Continued on page 8



BEST FOOT

FORWARD

By Dr. Stephen J. Gross

[wy r '^^-


IN-OFFICE SURGERY


U.S. hospital records show a con-
tinuing trend in scheduling op-
erations: Within a six year period,
the percentage done on an out-
patient basis increased from 25
percent to 50 percent of all op-
erations. The concept of walking
in, having surgery and going
home in the same day is espe-
cially the case in podiatric sur-
gery. Moreover, the setting often
is the podiatrist's office.
Although surgery for more com-
plex foot problems is performed
y the podiatrist in the hospital,
many foot conditions can be
treated surgically in the office.
With today s instruments and
techniques, the surgery in most
cases is done through a small
incision in the skin, which re-
quires few stitches.
Surgery is recommended by the
podiatrist only if other methods
of treatment are inadequate. In-
office surgery not only corrects
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Presented in the interest of
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Eastpoint, Florida

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Page 8 16 June 1995 The Franklin Chronicle


Published every other Friday


MFC From Page 7
* public comment and directed


staff to draft a proposed rule
amendment that would estab-
lish a 125 fish commercial daily
vessel limit for king mackerel
harvested on the state's Gulf
coast
this commercial daily vessel
limit would be reduced to 50
fish when the same limit is es-
tablished in adjacent federal
waters, and to zero fish when
federal waters close to the com-
mercial harvest of king mack-
erel
directed staff to hold a final
public hearing if requested on
a proposed rule amendment
that would continue to allow
persons to possess either the
proper South Atlantic or Gulf
permit to harvest reef fish for
commercial purposes through
31 December 1996 (contingent
upon a related federal action)
directed staff to schedule a fi-
nal public hearing on a pro-
posed rule amendment that
would correct certain coordi-
nates in John Pennekamp
Coral Reef State Park that
identify reefs where the harvest
of spiny lobster is prohibited
reviewed a progress report re-
garding Manatee County live
shell harvest prohibition re-
quests
directed staff to schedule a fi-
nal public hearing if requested
on amendments that would de-
lete the "prima facie" presump-
tion in certain Commission
rules
directed staff to schedule a fi-
nal public hearing if requested
on the repeal of several Com-
mission rules that are consid-
ered obsolete or unnecessary,
as part of an effort to reduce
agency rules requested by Gov-
ernor Lawton Chiles
* directed staff to draft amend-
ments to its procedural rules for
review by the Commission in
Daytona Beach in August




NWIS0THE
TM TO l]D
SUBSCRIBE TOll[l Il~

THE FRANKIN


Announcing Rapid
Response Meetings/
Net Ban Action Plan
and Aquaculture
Workshops

The Florida Department of Labor
and Employment Security
(FDLES) has scheduled a series
of rapid response meetings/
aquaculture workshops that will
be conducted throughout the
state for individuals affected by
the net fishing ban. The meeting
will include a discussion with the
fishers on the net fishing ban leg-
islation.
The times and locations of those
meetings are as follows:
TUESDAY, JUNE 20
7:00 pm
Broward County
Extension Service
3245 College Avenue.
Davie, FL 33314
Phone: 305-378=3725
Lynn Grafel
WEDNESDAY, JUNE 21
Aquaculture Workshop, 9:00-
4:00
Banana Bay Resort ands Marina
4590 Overseas Highway
Marathon Key, FL 33050
Phone: 305-743-3500
Lynn Grafel
THURSDAY, JUNE 22
7:00 pm
Bradenton City Hall
500 15th Street West
Bradenton, FL 34205
Phone: 941-755-8418
Wesley White
TUESDAY, JUNE 27
7:00 pm
Collier County Government
Administration Building.
3301 East Tamiami Trail
Naples, FL 33962
Phone: 941-774-8383
Wesley White
WEDNESDAY, JUNE 28
7:00 pm
4611 Pacida Road
Grove City, FL 34223
Phone: 942-473-4050
* Wesley White
THURSDAY, JUNE 29
7:30 pm
Key west Old City Hall
510 Greene Street
Key west, FL 33045
Phone: 305-292-8225
* Lynn Grafel


*Workshop Facilitator
Lynn Grafel 904-632-5037
Wesley White 904-488-9250


Net Ban Economic

Assistance Briefing

Met with Questions

and Acrimony


"-~'~A A


Frieda Scheffield conducts a briefing on retraining por-
tions of the Economic Assistance bill.


The Tuesday night meeting of fishermen and the Dept. of Labor and
Employment Security (DOLES) representatives, designed to brief all
parties on the economic assistance to be available in new legislation,
almost at the start, consisted of acrimonious statements, some shout-
ing, and some information. Wesley White of DOLES introduced him-
self to the 60 persons present, and outlined his remarks when the
outbursts from the audience began.
Freida Sheffield, of JPTA (Panama City) told the group that she was
not telling them what to do, merely advising them of help and eco-
nomic assistance and retraining that would be available under the
new law, not yet signed by the Governor. She was confronted by Deno
Millinder of Carrabelle, when he explained his frustrations in making
applications for retraining, and having to pay $600 tuition, after be-
ing informed by Ms. Sheffield that wives in "net-ban families" were
eligible for such training without charge. The crescendo of four-letter
words increased despite the more quiet protests from others to clean
up the language.
One raised a question, "Why retrain someone who is already trained?
We have been trained to fish."
The discussion on unemployment compensation, and the require-
ment that fishermen who have not contributed previously must buy
into the plan, was met with sneers and laughter from many in the
audience. About this time, several left the meeting abruptly, but
some returned later.
Millinder continued to vent his frustrations and that of his fellow
fishermen. When 1 July 1995 comes, and the "net-ban" goes into
effect, Millinder said, "I'm just going to work (with my nets). I don't
have any choice. I have two children and a wife. I know of some 75
year-old-men who do not have anything to lose. They will be out on
the Bay with their nets on 1 July and they will probably bring their
guns."


Attorney Floyd

Attacks MFC
Remarks by Pat Floyd on Friday, 9 June 1995, Sheffield's Seafood,
Apalachicola, Florida, about 3:00 p. rn.


"What we wanted to do today was to come out here...You know, this
is part of a partnership. What we've done, is that we've won a victory.
This is kind of a unique group here. You know it. Not just because of
what you do, but because of what type of people you are. We're trying
to preserve this type of fishing industry and the type of independent
people ...
You're unique because you've got a record against the Marine Fisher-
ies Commission and the State of Florida - two wins and no losses...
And, this last victory is probably the most important... It allows ev-
erybody in have an opportunity to get out there and do the shrimping
even though you might oyster part of the time, you could shrimp part
of the time, and do other things... Some of the misrepresentations
that were made are finally coming to light, and being brought to the
judicial system where we can get the help...
...You know what happens when you do get this type of victory, now
comes the Marine Fisheries Commission and the State that try to
say... We don't want you to be able to do what the people have said
you could do. And, that's what this particular phase is all about... We
knew that we had a net that was...478 square feet. That's less than
500. Even according to the Marine Fisheries Commission and their
math. And, they agreed to that. Then, they said you got to use this
calculation over here that doesn't apply to a trawl net, and according
to our (Marine Fisheries) calculations and that of the Florida Conser-
vation Association.
And, we think it was the will of the people to have that type of net
here. ...Our plain reading of the language says the people wanted to
have a net where you have up to 500 square feet of mesh area. That's
what we have. So, we feel we are not only right in this, in an area that
will preserve, based on our experts, and based on some of you guys
yourselves, that we can continue to maintain a commercial viable
operation in the in-shore waters, with this, and we've got the people
out there that would be able to say that it's 500 square feet. The
experts say we would be able to do it. ...They don't want that. I think
the intent may have been at the Marine Fisheries Commission, re-
gardless of what the people have said, that the intent of the FCA and
the Marine Fisheries Commission is still, it's apparent, at least, that
they want to put you out of business. We've know that for some time.
But the People only said "Limitation". Marine Fisheries Commission
wants to get it down to reduction to the point of elimination... What
they've done how, is that they've said "We're going to appeal this"
We've got a foothold here, and we've got to win... And, there's a lot
more to it than just being able to shrimp on the inshore waters...
..Being able to fish inshore, inside of three miles, is pretty important
(to some people)... It's significant enough to fight for... Even for those
people in cast netting, down in south Florida. They're dependent upon
this particular ruling to allow them to be able to cast net for the
mullet...
There comes a time when we got to...win and keep on fighting... With
regard to the net-ban assistance bill, not yet signed by Governor Chiles,
Floyd said, "...I think the bottom line is there is not a whole lot offered
(in this bill)... Even if there were some money (offered), it doesn't jus-
tify doing away with the people of the character that have represented
the that Florida was discovered until now... We're having to spend
our money in order to show the State that we're keeping people's
jobs, and keeping people coming to coastal places like this. ...They
don't come down here to see somebody working for the Department
of Corrections. They come down here to see the wharfs, and the shrimp,
and the people working the shrimp. Even the tourist industry.... We're
giving them (the State) the opportunity from spending unemployment
dollars by what we're doing, and they're fighting us. It's hard to imag-
ine..."


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while the highway patrol station will still remain in Franklin County,
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radio equipment will remain In the highway patrol station, but it will
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Members of the St. Marks Volunteer Fire Department
taking a well deserved rest break while standing watch
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EAST GULF BEACH


I


The Franklin Chronicle 16 June 1995 Page 9


St. George

Tract 54

Draws Flak

A number of objections were
raised at the Franklin County
Commission by neighbors to tract
54 which is owned by George
Mahr. The objections were raised
concerning development of the
tract wetlands and adjacent ar-
eas.
The construction of a permitted
dune walk-over began the com-
plaints. In a letter to the Board of
County Commissioners, E. Baxter
Lemmond, attorney, also cited
plans to build a 14-slip marina"in
a breeding ground for fish and
shrimp in the fragile Apalachicola
Bay... There are also plans that
show 13 houses to be built on only
five (5) buildable acres..."
Neighbor Larry R. Burke noticed
someone building observation
platforms on the narrow strip of
beach which forms a peninsula in
front of the Burke property.
Martha Gherardi wrote a letter to
the Commissioners complaining
of any construction in tract 54.
She said, "...This property if full
of wetlands and is a prime habi-
tat for all manner of wildlife, much
of it endangered or threatened. In
spite of the environmentally sen-
sitive nature of this area, and in
spite of the protests from adjacent
property owners and other area
property owners, permits for
dense development have, been
approved." In closing her letter,
she added, "I suggest a modifica-
tion of the Great Seal of Florida.
In the space now reserved for the
words, "In God We Trust," I pro-
pose the following: "Take para-
dise, put up a parking lot."
Sandra and Ronald Ratliff wrote,
"...Apparently, plans are in place
for an extensive boardwalk which
will feature periodic observation
decks. Observation of what? By
the time the boardwalk is in
place... there will be nothing left
to observe but discarded
condoms, disposable diapers and
empty beer cans..."
On 22 May Kevin O'Kane, Chief,
Panama City Field Office, Jack-
sonville District Corps.of Engi-
neers, wrote the Ratliffs that the
14-slip multifamily pier in St.
George Sound had been permit-
ted and such permitting "...will
not be contrary to the public in-
terest."


E. Baxter Lemmond Martha Gherardi


THE PRICE IS RIGHT


ACROSS
1. Offended
5. Key
10. Native
Egyptian
14. Boss
15. Priestly
,vestments
17. Treated with
mercy
20. $1.98
23. Insect
24. Teachers' org.
25. Wobble
26. Like a flue
28. 49er's goals,
for short
29. Explosive
31. Be compatible
34. Jerry Lewis
35. Refresher
36. Canadian prov.
39. Lin. measures
40. Capital city
41. $7,200,000
48. Contradict
49. Drink
50. Different
54. Mine entrance
55. Official
diplomat
58. Prestigious
univ.
60. Do penance
61. Jan. & Jul.
62. Bladed tool
63. Red and Black
65. So-called
67. Cosa Nostra
members
70. Sully
72. Dieted
successfully
75. Sgts.
77. However
78. The Purloined
Letter' s author
.81. It's_
Unusual Day
82. That: Sp.
84. Gems
86. Make smooth
87. Prefix for media
or vitamin
88. Like a 911 call
90. Used a
keyboard
91. $200,000
97. Otherwise
100. Old govern-
ment agcy.
101. Pompous fool
102. Controversial
defense org.
103. Short swim
104. Love, in Lyon
106. Peach or rose
107. Time periods:
abbr.
110. Type of wrap
112. Free-for-alls
117. Mr. Ayres
119. See 95 Down


120. With 107 Down, $2000
125. Addled, due to old age
126. Ape
127. German ones
128. Made a hole in one
129. Spiteful
130. Cambodian dollar
DOWN
1. Innuendoes
2. Vase with a pedestal
3. Control
4. Nest location
5. Suffix for treat or expert
6. Promptly, In the E.R.
7. Learning of traditions
8. French pronoun
9. Examination
10. Iowa's zone: abbr.
11. Take, to give
12. Do an English exercise
13. Peter, Paul & Mary, e.g.
14. Female animal
16. Mets' stadium
18. School for Rend & Ren6e
19. Discourage
20. Item that says "Welcome"
21. World Wildlife Fund
emblem
22. Socks
27. Longing
30. Mai_
32. Letters on the back
of a vitamin bottle
33. Curve


by Calvin R. & Jackie Mathews


35. Collection
36. The Sound_
37. Gallant
38. Numerical prefix
40. Cake-to-be
41. Item pushed by a nanny
42. Make over
43. Wading bird
44. Split
45. Prefix for taste or honor
46. Mistreat
47. Tree-dwelling animal
51. Greedy person
52. Traveler's dir.
53. Communist
55. Waitress' milieu
56. Word with ferric or nitrous
57. Modern: pref.
59. Desert transport
64. oneself; keeps away
66. Why don't we!.
67. If It's Tuesday,
This_ Belgium
68. Second part of Hamlet
69. Growl
71. Asian nation: abbr.
72. Zodiac animal
73. Earthbound bird
74. Monetary unit: abbr.
76. Commences
78. One of the Three Bears
79. Rara avis
80. Swirl
83. Yield
85. Z; gamut


86. Word div.
89. Italian girl's
name
90. Letter for Plato
92. On the _;
fleeing
93. Name for 13
Popes
94. Nope's cousin
95. Rower's item
96. More smooth
and shiny
97. Asner & Ames
98. Those with
forked tongues
99. Fling
104. Prank
105. Old cars
107. See
120 Across
108. Cheers
109. Mrs., elsewhere
111. Mrs. William
Henry Harrison
113. Secular
114. Ms. Bombeck
115. Blue-pencil
116. Hit
118. Major conflict,
for short
121. Grand Opry
122. Actor Beatty
123. Some
124. Ending for
exam or hero


1993 Puzzle Features Syndicate


'A *~
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Attorney Ben Watkins is
shown in his new offices on
Commerce Street, Apalachi-
cola, where he has provided
counsel for 22 years.
Watkins is also practicing
law in association with Jan
Hevier and Doug Gaidry in
the Apalachicola office. The
Watkins practice has also
been extended to Carrabelle
at 103 Marine Street were a
full-time staff will be avail-
able to make legal services
more available to Carrabelle
and Lanark village residents.


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Page 10 16 June 1995 The Franklin Chronicle

Resort Village From Page 1
Thus, the Dept. of Community Affairs is again involved in decision-
making involving land use in Franklin County, despite the thrust of
the FLWAC decision to return land use decision to the Franklin County
We ask the reader to return with us to an earlier time, when the
FLWAC decision was given, 10 April 1995. On that date, Linda Loomis
Shelley, Secretary of the Dept. of Community Affairs, her attorneys,
Dr. Ben Johnson, and his attorneys entered into a formal agreement
which concluded that Resort village had fully complied with Chapter
380 requirements and that "all conditions precedent to the granting
of a development order required by Chapter 380, Florida Statutes,
have been satisfied.


Published every other Friday


S 6 --x -
X\x


o t


(/-


S-/


Christian Gallio argues ----~-~ -
against Resort Village before
the Board of Franklin
County Commissioners on 6
June 1995.
DCA has evaluated the Recommended Order and has determined that:
to the extent it addresses state or regional impacts, Petitioners' devel-
opment (Resort Village) of their property as set forth. in the Recom-
mended Order (please remember this included multi-family residences
at the time) is within the terms of and consistent with the 1977 devel-
opment orders; all state and regional impacts of Petitioners' proposed
development have been mitigated; and development of Petitioners'
property, as authorized in the Recommended Order and this Agree-
ment will not and does not constitute a substantial deviation under
Chapter 380 Florida Statutes. The conditions of this agreement pro-
vide that "if FLWAC does not enter a Final Order adopting in full the
Recommended order as modified only by the terms and conditions of
this Agreement, unless the changes are agreed to by the petitioners
and DCA, then this agreement shall be null, void and of no force or
effect." The Petitioners and the DCA appear to have made an agree-
ment regardless of the outcome of the FLWAC decision, which in fact
rejected the Recommendations of the Hearing Officer to allow for multi-
family zoning.
Resort Village's request for approval of Phase I of its site plan is con-
sistent with the instructions in the FLWAC order and the 1977 DO.
Dr. Johnson has said on many occasions he wants to avoid another
DRI-type review, and it would appear that such an undertaking is
merely redundant, given the agreement already reached with the head
of the DCA agency. Exactly what is to be accomplished by the posi-
tion taken by J. Thomas Beck, advocating a return to DCA involve-
ment in Franklin County affairs, is a puzzle. Other concerns such as
the wastewater treatment plant would normally be addressed in that
forum with the appropriate state oversight because Franklin County
does not have agencies with such jurisdiction nor expertise.

In the plan presented on Tuesday, 6 June 1995, no specified densi-
ties had been given in the DO, nor in the Franklin County Zoning
Code for the Resort Village development. The DCA recently agreed
that up to 20 acres of impervious surfaces (such as roads) can be
developed in the Resort Village within the terms of the 1977 DO. This
would include 60 multi-family residential units, 347 inn/guest house
hotel units, and 35,000 square feet of other heated and cooled com-
mercial space. Phase I includes less than 4.2 acres of impervious
surfaces, 114 inn/hotel units and 18,350 square feet of heated and
cooled commercial space, as contained in the plan submitted to the
Commissioners.


Homeowner Cdncerns
A separate section in the docu-
ment discussed in some detail the
concerns of the Plantation
Owner's Association where the
Resort Village is located. Point one'
emphasized that Leisure Lane
would not be rerouted as once
proposed. Parking has been
moved away from the Leisure
Lane artery which services the
entire Plantation down to the
Sikes Cut. Sidewalks and paths
have either been eliminated or re-
located away from Leisure Lane
in the Village area. There are only
.,aur locations from which traffic
would enter Resort Village from
Leisure Lane, thus cutting down
)n possible traffic congestion. A
pointt which will probably be the
subject of continuing discussion
s the 7th provision which states
Construction will be compatible
vith adjacent property." Dr.
.Johnson's site request says, "Con-
struction will be similar to the
3luffs in design, quality and ma-
terials." Buildings will be limited
to 35 feet, measured vertically
from the first habitable floor.


Construction Schedule
Anyone who has ever constructed
anything on St. George Island
knows how tentative any plans
might become, given the uncer-
tainties of the bridge, weather,
materials shortages, labor short-
ages, etc. The plan stated:
The schedule below reflects our4
current planning assumptions
and estimates:

1995 Site Plan Approval

1996 Construction on
Parcels 1, 2, 5, and 6

1997 Construction on
Parcels 3, 6, and 9


The plan concludes in this sec-
tion about Homeowner concerns -
with a short paragraph on the
impact to Sea Palm Village. In
demonstration such impact as
"minimal", the plan states, "Gen- L
erous setbacks have been pro-
vided between Resort Village and ,
adjacent residential property." W. -
However, the plan does not indi-
cate the exact distances involved
in these setbacks.

Phase I will include the following parcels and buildings:
Parcel 1 .13 acres
One-story fire station
2,500 square feet
Parcel 2 .18 acres
One story Maintenance/Storage
800 square feet
Parcel 3 .59 acres
Waste Treatment Plant
Parcel 4 .45 acres
Three-story Hotel/Inn
27 units
4,500 square feet
Parcel 5 4.93 acres
One-story Clubhouse and Conference Center
85 food seats
12 beverage seats
272 conference seats
200 square feet Retail
6.000 square feet Exercise/Club
14,750 total square feet
One-story Open Air Bar
58 beverage seats
800 square feet
One-story Gazebo
280 square feet
One-story Covered Access Gate
144 square feet
One-story Storage
450 square feet
Parcel 6 1.16 acres


o I,/


Three-story Restaurant and Bar
133 food and beverage seats
1200 square feet
One-story Covered Access Gate
144 square feet.
Parcel 7 .71 acres
Three-story Hotel/Inn
27 units
6,000 square feet
Parcel 8 .66 acres
Three-story Hotel/Inn
24 units
5,000 square feet
Parcel 9 .73 acres
Three-story Hotel/Inn
36 units
24 food seats
6,500 square feet


1998 Construction on
Parcel 8

1999 Construction on
Parcel 7

2001 Construction on
Parcel 4


Thus, it appears that the empha-
sis is to build the beach club and
conference center first, quickly
followed with restaurants. Then,
the first hotel or inn would start
construction in 1997, followed by
two more hotels (Parcels 8 and 7)
in 1998, 1999, and 2001.


Plantation Homeowner's Association Board of Directors,
at the last meeting on 10-June 1995, discussed the so-
called Ben Johnson agreement with the Association in
which the Association was bound to "support Resort Vil-
lage." Since then, the contract itself has been under dis-
pute and a splinter group has formed within the Associa-
tion called the "Concerned Property Owners" in the Plan-
tation, which has attempted to deal with the commercial
development headed by Dr. Johnson. At the board meet-
ing on 10 June 1995, President Lou Vargas promised that
there would be "something' regarding the negotiations with
Dr. Johnson to present to the Association membership by
the next Board meeting in August. In the meantime, Dr.
Johnson has moved in the Franklin County Commission
to present his site plans for Phase One of the Resort Vil-
lage Development.

Pictured above, from the left, are John Gelch, Jim
Bachrach, President Vargas, Bill Hartley and Tom Outlaw.
Absent were Pamela Amoto and Hank Kozlowsky.




Excerpts of Thomas J. Beck's letter to Planner Alan
Pierce, dated 3 May 1995:


May 3. 1995
Mr. Alan Pierce
Franklin County Planner
P. 0. Box 340
Apalachicola, Florida 32329-8861
Dear Mr. Pierce:
Thank you for your letter of April 20,.1995, in which you requested the
Department's opinion on two issues regarding the Final Order by the
Florida Land and Water Adjudicatory Commission (FLWAC) for the Ben
Johnson property within the St. George Plantation development of re-
gional Impact (DRI).:
1. Was It the Cabinet's intent to require Dr. Johnson to submit a Notice
of Proposed Change (NOPC) and amend the DRI development order,
in order to receive approval for solely commercial development on his
property?
2. Would approval of solely commercial development require a land use
chang e to the Future and Use Map (FLUM) of the comprehensive
plan?
With regard to the first issue, the Final Order requires that, among other
things, the developer must submit a proposal with a "specific plan of
development, which includes the density, intensity, and location of the
proposal, and comply with other requirements in Chapter 380. F.S., and
Rule 9J-2, F.A.C. It appears that this language was intended by the
Cabinet to require the developer to submit an NOPC and amend the de-
velopment order pursuant to Chapter 380. F.S., for any development pro-
posal Including solely commercial development, as well as obtain site
plan approval and rezoning from the county. The amended DRI develop-
ment order will ensure that the state Issues are adequately addressed
and conditions of approval within the order, and will provide for future
oversight and enforcement by the Department and the local government,
pursuant to Chapter 380, F.S., and Rule 9J-2, F.A.C. the local site plan
approval and rezoning process will ensure that more specific local Issues
will be adequately address, not in conflict with the amended DRI develop-
ment order.
With regard to the second Issue. the sub ect property currently Is desig-
nated on the Franklin County FLUM for single-family residential develop-
ment. It is the Department's opinion that an amendment to the FLUM
should be initiated If commercial development Is proposed for this prop-
erty, to ensure consistency between the comprehensive plan and actual
development.
I hope that this information will be useful to you in resolving your con-
cerns. If you have any questions, or need further information, please call
me or Mike McDaniel in the Bureau of Local Planning at (904) 487-4545.
Sincerely,


J. Thomas Beck, Chief
Bureau of Local Planning


Vl










Published every other Friday


The Franklin Chronicle 16 June 1995 Page 11


Board Dumps

Maintenance Reports


Retiring Instructor Dewitt Galloway (L) with Superinten-
dent of Schools C.T. Ponder (R)



Board Honors Instructor
Dewitt Galloway was honored at the June 8 meeting of the Franklin
County School Board for thirty-three years of service. Mr. Galloway
was a Driver's Education and Physical Education instructor for both
Carrabelle High School and most recently Apalachicola High School.


After years of battling the exist-
ence of maintenance reports in
the Franklin County School
Board's agenda, board member
Willie Speed finally got his way at
the regular June 8 meeting.
"I'm trying to find what purpose
it {the maintenance reports)
serve," began Speed, "We approve
it in advance. I guess we have to
approve it again. In the mainte-
nance reports, the work has been
done, verified by the principal and
approved by the superintendent.
What else has to be done?"
Board member Jimmy Gander felt
that the reports were creating ex-
cessive work for the school prin-
cipals to write and submit to the
board. He also felt that the board
members, who were already
"flooded with sq much informa-
tion that's really needed to read,"
did not need to be weighed down
with the maintenance reports.
Board members Connie Roehr
and Katie McKnight disagreed
and stated that the maintenance
reports gave them accountability
to the community as to mainte-
nance progress in the schools.
Chairperson Will Kendrick said
that he didn't mind "doing away"
with the reports, but that he
wanted some form of mainte-
nance accountability. He re-
quested that Superintendant Pon-
der be able to provide some type
of accounting on maintenance.
"I'll do whatever the board asks
for," stated Ponder.
Kendrick responded, "If some-
thing happens with maintenance,
it makes the board look bad,
which in turn makes you look
bad, which in turn makes the
schools look bad. And nobody
wins from it."
Board member Speed stated that


the superintendent was paid to
supervise such activities and that
the board was paid to provide
policies. "That' one policy we don't
need as board members."
The board then voted 3-2
{McKnight & Roehr voting nay}) to
remove maintenance reports from
the board's agenda.
In other board business:
*The board approved the Gateway
Student System Consortium
Resolution, contract and invoice
for July 1, 1995 through June 30,
1996.
*The board approved the state's
Auditor General Report, which
reviewed the board's bus driving
records.
*The board approved performance
contracts for Exceptional Student
Education Services between the
Washington and Franklin County
School Board.
*The board approved the 1995-96
SEDNET {Severely Emotionally
Disturbed Network) Agreement to
assist with the provision of emo-
tionally handicapped and severely
emotionally disturbed students.
*The board approved the applica-
tion for IDEA (Individuals with
Disabilities Education Act} grant
*The board approved the grant
application to FDLRS {Florida Di-
agnostic Learning Resource Sys-
tem} to support services for excep-
tional student educators as well
as regular educators and parents.
*The board approved a technol-
ogy workshop for lunchroom
managers to upgrade and improve
their computer skill.
*The board approved a leave of
absence for instructors Linda
Jackson and Katti Wynn for one
year.


Rt. C-65 Eastpoint 670-4477 i -


County History
at $25.00
(Hardcover)

(20) New. William Roger's
history OUTPOSTS ON THE
GULF, St. George Island and
Apalachicola from early ex-
ploration to World War II.
Hardcover. Sold regionally
for $30 or more. Available
from the Chronicle


IN


RETBOSPECT


TlI nlICI r lID Lt ses s or IIITIaN


ROBERT S.


MCNAMARA



(26) New. IN RETROSPECT:
THE TRAGEDY AND LES-
SONS OF VIETNAM by
Robert S. McNamara. Sold
nationally for $27.50.
McNamara has crafted the
classic indider account of
Vietnam policy making, re-
vealing how the U. S.
stumbled into the Vietnam
War and why it became so
difficult to pull out.
Chronicle Bookshop price
for this hardback is $21.00.


-.- *:* .i, ~i,, i -
- *.-* ,--* .* -
(27) New. MY WAR by Andy
Rooney. Sold nationally for
$25.00. His is a story of
learning the craft of journal-
ism; a moving, suspenseful
and reflective memoir.
Rooney is a nationally syn-
dicated columnist and a
regular commentator on
SIXTY MINUTES. Bookshop
price= $19.95. HARDBACK.


SOUTH

(29) New. THE SOUTH by B.
C. Hall and C. T. Wood. Na-
tionally sold for $27.50. The
authors have traced the
spread of the Southern ide-
ology and culture from the
Tidewater through Appala-
chia, down the Blue Ridge
country, through the sunbelt
of Georgia, Alabama and
Florida. Here is the dispos-
session of the indian tribes
and full of revelation, anec-
dote, history and mythol-
ogy. Dee Brown wrote, "Ex-
plorers heading south should
throw away their standard
guidebooks and take along
THE SOUTH." Bookshop
price= $22.00. HARDBACK.

(25). New. GINGER- MY
STORY. Autobiography of
the dancing partner of Fred
Astaire. Sold nationally for
$22.50. Bookshop price=
$7.00. HARDBACK.


the

Chronicle Bookshop


Mail Order Service *


2309 Old Bainbridge Road

Tallahassee, Fl 32303


Friends of the Library

Cook Up a Successful

Fundraiser


J.R. Smith strums while a group of country starlets sing,
"Don't Take the Girl."


The Friends of the Franklin County Library hosted a barbecue
fundraiser on June 10 at the Eastpoint Fire Station. Over seven hun-
dred dollars were raised at the fundraiser and will be used to benefit
programs for the Franklin County Public Library.
"I thought they {The Friends of the Library} did an outstanding job,"
said Franklin County Public Library Director Eileen Annie, "I just
thought the event was really fine."
Ms. Annie hoped to have another barbecue fundraiser in Apalachi-
cola in July, followed by a August fundraiser in Carrabelle.
The Wilderness Coast Library sponsored the event's musical enter-
tainment, which was provided by Crawfordville resident J.R. Smith.
Mr. Smith strummed country and folk musical tunes for over two
hours and participated in musical skits with children from the Juve-
nile Justice WINGS Program.
The Franklin County Public Library extended its appreciation to the
following restaurants and businesses who helped to the make
fundraiser a success: The Shrimp, The Carrabelle &Apalachicola IGA,
The Red Rabbit, Julia Mae's Restaurant, Pat's Place, Snapper's Res-
taurant and the vegetable stand in Eastpoint.
Pat's Garden Corner in Eastpoint donated a plant, which was won as
a door prize by Lindsey Paige. The Friends of the Franklin County
Library donated a cookbook, which was won by Allison Hartley.


--__------------------_
Order Form
Mail Order Dept., Chronicle Bookshop
(Please Print)
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Address
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Book
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S book....... $2.50I I









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16 June 1995
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I All book orders must be ordered on this form. When
completed, please mail this form and your check or money
I order to: Franklin Chronicle. 2309 Old Balnbridge Road,
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Please Note
Books from the mall service of the chronicle Book Shop are new and
used, and are so-designated In each Item description. Some titles
mad be temporarily out of stock, in which case a second shipment
wi be made, normally in 14 days. Books are shipped in 48 hours.
normally. Some of our books are publishers' closeouts, overstocks.
remainders or current titles at special prices. Most are in limited supply
and at these prices may sell out fast. If any book is sold out your
money will be refunded by bank check. To offer the lowest possible
prices all orders must be prepaid. We do no billing and do not accept
credit cards.


Panacea



RV

Park

904-984-5883
Hwy, 98 Panacea


Dr. Hobson Fulmer D.V.M.
Hwy. 98 West
P.O. Box 685
Eastpoint, FL 32328
670-8306 Office
927-2510 Residence


Midway Seafood Market



Earl & Frank Coulter
I 2\ Owners


(24) New. FLORIDA SALTWA-
TER FISHING GUIDE. Sold
regionally for $8.95. The in-
side line on saltwater fish-
ing in Florida by Orlando
Sentinel writer Max
Branyon. Bookshop price=
$4.50. PAPERBACK.


(23) New. Hardcover. NAVY
GRAY-- A story of the Con-
federate Navy on the
Chattahoochee and
Apalachicola Rivers. Sold
Nationally at $27.50. Avail-
able through the Chronicle
Bookshop at $22.00! HARD-
BACK.


(22) New. FAIR TO MIDDLIN':
THE ANTEBELLUM COT-
TON TRADE OF THE
APALAC H IC 0 LA-
CHATTAHOOCHE RIVER
VALLEY. Sold nationally at
$26.95. Available through
the Chronicle Bookshop at
$21.00! HARDBACK.


Carl Va


(20) New. Carl Van Doren's
Pulitizer Prize biography
BENJAMIN FRANKLIN sold
nationally for $14.00. Avail-
able from the Chronicle
Bookshop for $13.00.


ga'K-sho;To'r 820Er-


i


M \ % p ; A! 11 N* v 11


d-34,1,
./fr, --ql









Pa2e 12 16 June 1995 The Franklin Chronicle Published every other Friday


/ ~~~.1 -i-'


After a long walk on the beach, the two of you stroll back to the Resort Village, honing your appetities. What will
you have for lunch today? A grouper sandwich? A Greek salad? Maybe just some boiled shrimp and a cold beer.
The choices are as wide as all outdoors.


The first phase of the St. George Island Resort Village
will include a boardwalk from the Beach Club over
the dunes to the gulf beach, through a wide expanse
of native greenery.

Halfway along you'll find the outdoor cafe, the
perfect spot to enjoy a leisurely meal while watching
the sea gulls and pelicans.

Like the other small restaurants in the Village, the
cafe will have a unique menu and a distinctive
ambience, with excellent food served in a relaxed
atmosphere.


Adjacent to the Beach Club will be a fully equipped
conference center, with flexible space for small
conferences and meetings by local civic groups as
well as visitors to the Island.

The conference center will also be the setting for
scheduled events such as lectures, jazz and blues
concerts, and slide shows of interest to area residents
and visitors.


St. George Island Resort Village
A Special Place


Published every other Friday


Page 12 16 June 1995 The Franklin Chronicle




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