Title: Franklin chronicle
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00089928/00041
 Material Information
Title: Franklin chronicle
Physical Description: Newspaper
Language: English
Publisher: Russell Roberts
Publication Date: July 12, 1996
Copyright Date: 1996
Spatial Coverage: United States -- Florida -- Franklin -- Apalachicola
Coordinates: 29.725278 x -84.9925 ( Place of Publication )
 Record Information
Bibliographic ID: UF00089928
Volume ID: VID00041
Source Institution: Florida State University
Holding Location: Florida State University
Rights Management: All rights reserved by the source institution and holding location.

Full Text

The Published Every Other Friday

franklin Chronicle

Volume 5, Number 14


Sheriff's Deputy and

Apalachicola Police Officer

Address Apalachicola


wit Q"L' .

Prentice Crum
Deputy Prentice "Bubba" Crum
appeared before the Apalachicola
City Commission on July 2 to
address a "misunderstanding"
that occurred while he was on
duty with the Franklin County
Sheriffs Department.
Deputy Crum told board mem-
bers that he had declined to an-
swer a call from the dispatcher,
because of an alleged "stump vi-
rus" that he had contracted dur-
ing the week. "There's been quite
a bit of misunderstanding and
rhetoric about it and I've heard a
lot of comments about this," said
Crum. He continued, "When
there's misunderstanding, I think
the best thing to do is to clear
them up. If a man can't stand on
his own integrity and his own
character, then...you just can't
chase rumors down and stop
them whether they're intentional
or unintentional."
Crum said that he began to feel
quite ill on his shift and intended
to visit his mother's home. How-
ever, on the way to his destina-
tion, Crum said that he received
a dispatch call. "I've been a Jaw
enforcement officer for seven and
a half years and I have an exem-
plary record. I've never failed to
answer a call. It's never crossed
my mind not to do my duty for
this county and the people of this
county." said Crum.
Deputy Crum stated that, at the
time of the dispatch call, four of-
ficers were on duty and three of
those officers were in the area of
the dispatch location. He said that
was embarrassed to speak about
his dilemma and told the dis-
patcher that he did not want to
take the call because he had a lot
of paperwork to complete. "I
thought it was no problem," ex-
plained Crum.
Crumn informed board members
that he was taking a leave from
the sheriffs department after the
week of June 16. "All during my

seven and a half years with the
sheriffs department, whenever
someone was going on vacation
or when someone was going on
leave, we always jumped in and
answered the call for the person
to keep them from having to go to
court or conduct an investigation
the next day or for several days
and ruin their vacation," said
Deputy Crum then apologized to
the city commissioners and the
chief of police for the "misunder-
standing." He concluded, "There
was no effort on my part to avoid
any work or try to do anything
that would bring harm to this
county or this community."
Commissioner Frye stated that he
knew Deputy Crum for quite a
while. He said that he did not be-
lieve that Mr. Crum would inten-
tionally decline to answer a dis-
patch call. "Everytime I've called
that man out to the I.G.A. about
a problem-we've -had," oljd Fry',
"he's always come."
Apalachicola Police Officer Andy
Williams also addressed the city
commission. He told board mem-
bers that he was being discrimi-
nated against by Apalachicola
Chief of Police Warren Faircloth.
Williams informed commissioners
that he had been assured by
Faircloth that he would not be
required to work the night shift.
In addition, he said that he was
now being required to work each
weekend shift because the police
department wanted "a white and
a black on (duty)." Williams com-
plained that, when the police de-
partment had three or four job
vacancies, an African-American
was not hired.
'"This man came and laid on my
bed and said that the days for the
police officers for me and him
were over with," said Williams. He
continued, "I'm not dumb... I'm
gonna have to do what I've got to
do to take care of myself. I'm not
-here to cause any interruptions,
but I've got a family to take care
of and I want to be treated like
anyone else."
Mayof Bobby Howell said that the
chief of police was responsible for
scheduling the work shifts of each
officer and for making recommen-
dations on those officers to be
hired by the police department.
Commissioner Jack Frye stated
that he wanted some type of
"happy medium" to be worked out
on the situation. "I don't think we
need no dissension on the police
department," said Frye. The board
then directed Chief Warren
Faircloth and Officer Andy Will-
iams to meet with Mayor Bobby
Howell and resolve the situation.
In other board business:
*Commissioner Frye complained
about an article that appeared in
the June 14-28 issue of the Fran-
klin Chronicle concerning the
Apalachicola Planning & Zoning
Committee. He noted that the
Continued on page 7

Officer Andy Williams (L) addresses City Commission as Chief
Warren Faircloth (R) looks on.

Resort Village

Responds to POA


With the presence of Plantation Owners' Attorney Richard Moore at
the Resort Village workshop before the Franklin County Board of
County Commissioners on Tuesday afternoon, July 2, 1996, the pro-
posals advanced for the Resort Village were met with advocacy rheto-
Dr. Ben Johnson has officially responded to the POA list of "deficien-
cies" and these are excerpted below, from the July 1, 1996 letter
mailed to Al Shuler, Franklin County Attorney. The workshop was
held on July 2, but the Resort Village attorney was not able to re-
spond to the allegations at that meeting. The items in bold represent
the POA allegations, and the text under them are the responses from
Dr. Johnson's lawyers.
1. (POA's Allegations) The County needs to amend its
Comprehensive Plan concurrently with approval of the
(Resort Village Response) Nothing in Chapter 380 requires that the
Board amend its Plan concurrently with approval of the NOPC. Addi-
tionally. DCA has never stated that modification of the Plan is a nec-
essary precondition for approval of the NOPC. To the contrary, in his
letter dated August 10. 1995. Mr. Beck recommends a specific se-
quence: the County should process the NOPC, then prepare and
submit a Comprehensive Plan amendment. Of course, if the County
wants to approve the NOPC and simultaneously initiate the amend-
ment process at the August 6th hearing. this can be readily accom-
plished. The Board simply needs to include this item in the notice.

Richard Moore, Attorney for the St. George Plantation Owners

As you may recall, at the request of DCA. Dr. Johnson proposed a
Comprehensive Plan amendment back in July of 1993. This was
denied by the Board, based upon the belief that it would be prema-
ture to modify the Plan before specific development plans were ap-
proved. This sequence- first the plans are approved, then the map
is amended- is consistent with the County's June 8. 1981 decision
to continue showing the Plantation Commercial areas as residential
on the zoning map "with the understanding that as specific site plans
are approved by the Board of County Commissioners pursuant to
the conditions of the development order, that the zoning map will be
changed..." It would be unfair and inconsistent for the county to
delay approval of the NOPC until the Plan can be amended (this can.
be a lengthy process).
2 (POA's Allegations) The NOPC is a substan-
tial deviation because the property is designated
residential under the County's Comprehensive Plan.
(Resort Village Response)Throughout his letter. Mr. Moore incorrectly
interprets the NOPC as a request for approval of commercial devel-
opment. This is simply not accurate. Mr. Moore is ignoring the fact
that the Board has already granted development approval for "one or
more high quality resort hotels or motels, together with such affili-
ated uses as may be appropriate or desirable, such as restaurants.
recreational amenities and similar activities..." The only "change"
requested in the NOPC is to have the Board approve specific plans
for the Resort Village. along with specific D.O. conditions, as requested
by the Department of Community Affairs.
The Resort Village development will be fully consistent with and within
the terms of the 1977 Development Order. The Resort Village will be
substantially smaller, and less intensive. than the commercial de-
velopment which was originally and cumulatively approved under
the 1977 Development Order. If the proposed plans and D.O. (Devel-
opment Order) conditions are approved, the effect will be to sub-
stantially reduce (not increase) the number of hotel/motel units and

Continued on page 6

July 12 25, 1996

ARPC Concludes

Resort Village Will

Not Create Adverse

Regional Impact

In a July 1, 1996 letter from the Apalachee Regional Planning Coun-
cil (APRC) from Coordinator Mike Donovan to Alan Pierce, Franklin
County Planner, the Council concluded that the Resort Village Phase
I proposals would NOT create "...a reasonable likelihood of additional
regional impact or ANY TYPE of regional impact created by the
change... (made by Dr. Ben Johnson) ...not previously reviewed by
the regional planning agency" (Emphasis supplied by The Chronicle).
The Phase I proposals were filed with Franklin County and interested
parties in late May, and discussed at a workshop on Tuesday, July 2,
1996. In late June, the Plantation Owners' Association, (POA) through
their counsel Richard Moore (Tallahassee) filed a list a deficiencies on
the Resort Village proposals, and argued these during the workshop.
The ARPC letter was not received in time for the workshop, but the
ARPC letter responds to a number of the POA "deficiencies". The Re-
sort Village has also responded to the allegations made by the POA as
well, discussed in another article in this issue.
In sum, the ARPC concluded the following:
1. The proposed wastewater treatment system appears to
provide the needed protection of the Apalachicola Estuarine
2. The proposals do NOT create any change in impact to the
Atlantic Loggerhead Turtle, Peregrine Falcon, Snowy Plover
or any other species.
3. There is no information showing a likelihood of significant
impact on water quality, but there is some concern that the
St. George Island Utility would be able to provide enough
water for the project at buildout. But, the ARPC report con-
cluded, "...there is an adequate supply of water on the main-
land which can be obtained without any significant regional
4. There is no regional concern with the project's impact to
the hurricane evacuation routes.
5. No change in impact on archeological sites.
6. The project is expected to have some impact on the local
economy, as that expected in 1977.
7. There will be no change in the provision of public facilities
or services.
8. The proposed project is not expected to create a significant
impact on regionally significant roadways.
9. With current plans, there is no significant regional impact
on housing.
The conclusion of the ARPC letter is as follows:
"There are several items discussed above which need to con-
tinue to be addressed by the local government. However, none
of them reach the level of significant regional impact, as this
is defined by DRI statutes and rules. Therefore, it is the opin-
ion of Council staff that this proposal does not create a rea-
sonable likelihood of additional regional impact, or any type
of regional impact not previously reviewed by the Regional
Planning Council, and does not constitute a substantial de-
viation pursuant to Subsection 380.06(19), Florida Statutes.
Council staff recommends that the amended D.O. include the spe-
cific amount of development approved, and that all conditions in the
recommended amendment be included. Other suggestions may be
made at the workshop and public hearing."
The hearing is scheduled for August 5, 1996.
The regional planning council did point out that the exact figures as
to the numbers of hotel units and the size of the retail/commercial
space did need more specificity. The ARPC conclusions do not involve
the matter of the size of the development or whether the recent plan
is smaller or larger than previously submitted plans. Further, the
question about the capacity of the St. George Utility Company to fur-
nish enough water for drinking or fire protection is still in doubt and
is a question for local authorities to address.

Emerald Coast Fined

For Violations

In a jointly signed statement for
settlement and dismissal of ad-
ministrative complaints issued by
the Agency for Health Care Ad-
ministration, Emerald Coast Hos-
pital and Provident Medical Cor-
poration have agreed to pay the
Agency $5000 and conduct in-
service training to educate staff
and physicians concerning access
to emergency health care. The
four incidents involved in the fine
and training requirements
occurred on November 7, 1994,
March 23, 1995. May 28, 1995
and September 7, 1995.
The stipulation documents
released by the Agency did refer-
ence having received documenta-
tion from Emerald Coast which
indicated "...a considerable and
good-faith effort on the part of the
administration and staff of Em-
erald Coast Hospital to be aware

of and comply with the provisions
of Section 395.1041 and
395.1021, Florida Statutes...", the
recent stipulation signed June 13,
1996 was to address particular re-
quirements of Florida Law.
The incidents first came to public
attention when Marshall Kelley,
Director of the Division of Health
Quality Assurance in the Agency
for Health Care Administration,
issued an administrative com-
plaint for the failure of Emerald
Coast Hospital to provide emer-
gency services to two children in
separate cases; the first case oc-
curred on November 7, 1994 and
the second occurred on March 23,
The other instances were citations
for failing to provide emergency
Continued on page 8

~1 ~c 3


*^ '~sn.

Page 2 12 July 1996 The Franklin Chronicle


Published every other Friday



Notes from the July 2
Franklin County
Commission Meeting
*Ms. Janice Hicks with the Fran-
klin County Public Health Unit
informed commissioners that the
health department and Emerald
Coast Hospital did not have an
adequate amount of parking for
both clients and staff members.
Hicks suggested that the county
create a parking lot in the grassy
area by the hospital's circular
entrance and exit. The board di-
rected County Engineer Joe
Hamilton to meet with Emerald
Coast Hospital's administrator to
discuss the matter.
*At the request of Larry Witt with
the Franklin County Public
Health Unit,-the board agreed to
write a letter to Assistant State
Attorney Frank Williams regard-
ing an alleged health hazard com-
mitted by Eastpoint resident
Francis Hand. Witt said he had
received several complaints in re-
gard to hogs that Mr. Hand has
kept at his residence. Mr. Witt
said the situation represented a
sanitary nuisance and recom-
mended that the matter be inves-
tigated. Mr. Francis Hand had
previously been a candidate for
the District 1 Seat for the Frank-
lin County Commission, but with-
drew from the race on July 5.
*County Extension Agent Bill
Mahan introduced Sheila Hinton
and Cherry Rankin with the Ex-
panded Food Nutrition Education
Program (EFNEP) to the board of
commissioners. Ms. Hinton coor-
dinates the program in Franklin,
Gulf and Liberty Counties; she
also supervises and trains those
assistants affiliated with EFNEP.
Ms. Rankin recruits students for
the program and teaches nutri-
tional education courses in Fran-
klin County.
*County Engineer Joe Hamilton
informed board members he
would apply for a permit with the
Department of Environmental
Protection for the construction of
,a dune walkover on St. George
*The board agreed to close Wash-
ington Street in Eastpoint for one
day to install pipes across the said
street. County Engineer Joe
Hamilton stated that the street
had been experiencing drainage
*The board agreed to allocate
$15,000 from maintenance funds
to help bring the county court-
house into compliance with the
Americans with Disabilities Act.
The board agreed to purchase
audio-visual signs and to also
make the bathrooms in the court-
house handicap accessible.
*The board agreed to contact the
Florida Power Corporation to re-
quest assistance for unemployed
oyster harvesters. Commissioner
Beyin Putnal requested that the
board petition the Florida Power
Corporation to allow-such seafood
workers to pay their bills at a later
date. "They need some relief," said
Putnal. He continued, "I know
that some of these people have
little kids and, without power and
as hot as it's getting, they.could
do some suffering."'
*County Planner Alan Pierce an-
nounced thatthe Florida Division
of Emergency Management was
compiling documentation from
businesses in Gulf, Franklin,
Wakulla and Taylor Counties in
the attempt to justify the alloca-
tion of Small Business Loans.
Pierce said, in order to receive a
Small Business Loans Declara-
tion from the Florida Division of
Emergency Management, at least
County must document a 40%
revenue loss as a result of the fish
kill and/or red tide. He said the
target month for loss of revenue
was June of 1996. As of July 8,
Mr. Pierce noted only two busi-
nesses in Franklin County had
documented such a 40% revenue
*Assistant County Planner Mark
;Currenton and Debbie Cox with
the Tax Collector's Office received
both a round of applause from
board and audience members as
well as a Letter of Appreciation

from the board of county commis-
sioners for their work with the
"payment-in-lieu of taxes" pro-
gram. County Planner Alan Pierce
informed board members that the
work by Currenton and Cox had
generated an estimated $57,000
for Franklin County. "This money
came from the payment-in-lieu of
taxes program that the state
funds, but then doesn't tell the
local governments how to get the
money," said Pierce. He explained
that Mr. Currenton had to prove
to the Department of Revenue
that the Governor and Cabinet
had purchased land in Franklin
County and that the land had a
particular tax value. He also cred-
ited Ms. Cox for her collaboration
of compiling old tax receipts.
Pierce said that such funding
should be brought into the county
every year for the next 10 years
as long as the state legislature ap-
propriates such funds and the
county requests their share from
the Department of Revenue.
Pierce said that the county's
funds would increase by at least
$20,000 since the State of Florida
had purchased additional land in
Franklin County.
*County Planner Alan Pierce in-
formed board members that
County Attorney Al Shuler,
County Clerk Kendall Wade and
he had agreed to recommend a
$150 annual permit fee for ven-
dors at the July 16 meeting of the
Franklin County Commission.
Pierce said that the fee would be
$150 if vendors purchased the
said fee in the first three months
of the year. The fee, he said, would
be increased to $300 if purchased
after the three month window pe-
riod. Pierce suggested the board
charge a reduced rate for fees for
1996, since the year partially ex-
*County Planner Alan Pierce an-
nounced that Julian Webb and
Associates in conjunction with
Grant Writer David Hines received
a $493,000 grant for water, sewer
and road improvements in East-
*The board agreed to allocate up
to $2000 from 911 funds to help
fix the new 911 office at the Road
*County Planner Alan Pierce an-
nounced that Developer Robert
Herren was ready to plat his nine
lot project on St. George Island.
Pierce suggested that, in order for
the county to remain consistent
with they have allowed in the past,
the width of Mr. Herren's lots be
at least 50 rather than 25 feet. He
also suggested that the county
allow Herren to have five 50 foot
wide lots on the bay and four lots
on a second tier. The board agreed
to approve Pierce's recommenda-
tions. At the suggestion of County
Attorney Al Shuler, the board also
agreed to require Herren to receive
an amendment to a previous de-
_claratory judgment on the matter
which will direct the county'to plat
the project. "Otherwise, we'll have
to explain why we're violating our
one acre rule. He ordered us to
issue the building permits," said
Shuler, "but he didn't order us to
do the plats."
*The board approved the payment
of $5000 for private investigation
fees for a capital case involving
Jay Nix. "Hopefully, this will be
the last thing we have to do in the
fiscal year," said County Clerk
Kendall Wade. He noted that the
county originally budgeted
$35,000 for the case. However,
Wade stated that $65,000 had
now been spent on the capital
case. Commissioner Jimmy
Mosconis urged that the board
seek to contest the excessive ex-
pense. "They've found a deep
pocket to stick their hand into,"
said Mosconis. Mr. Wade said that
the issue was set by legal statues.
"It is an ongoing problem," said
Wade, "and it's getting worse and
worse." County Attorney Al Shuler
said that appealing the matter
would be futile and would also
incur additional legal fees.
*The board agreed to approve a
request from Donnie Wilson for
the land-use change for a 58 acre
parcel from Agricultural to Resi-
dential (R-5). Mr. Wilson will be
allowed to develop one unit per
five acres.
*River Road resident Ronald
O'Neal informed board members
that his neighbor, Taco Ordonia,
was in violation of several build-
ing and zoning codes. "As ya'll
know, I have a very belligerent
neighbor," said O'Neal. He ex
plained that Mr. Ordonia and he
had been at odds for over three
years. He also said that Ordonia
had threatened his life on several

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Phone: 904-697-3939


All Natural T-Lite with
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occasions. O'Neal said that he had
brought the matter before the
board on April 4, 1995 and that
no county action had been taken.
"I have lived in pure misery be-
cause of this individual who has
threatened me over and over
again," said O'Neal. He continued,
"He's threatened my life and my
babies lives. He said he was gonna
get me and stab me in the back.
He said he was gonna cut me with
his knife. I have lived in fear of
this individual because of the lack
of the commission's response to
what I presented when I first came

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Ronald O'Neal
County Planner Alan Pierce said
that zoning and building codes
had been violated at the Ordonia
residence since he had resident
at the River Road property. "My
opinion of the guy was that it was
safer for him to be living out where
he was living than where we were
living, which was the City of Car-
rabelle. It's a bad situation and
he's a dangerous man as far as
I'm concerned. He's volatile and
he's got a lot of dogs out there,"
said Pierce. He conclude, "I don't
have any easy way of going out
there and inspecting a building
violation without getting my head
bitten off."
The board agreed to request a
sheriffs deputy to accompany the
county planner at the Ordonia
residence for a zoning and build-
ing inspection. County Commis-
sioner Bevin Putnal also agreed
to visit the residence with Mr.
Pierce. The board also agreed to-
send a letter to the Franklin
County Sheriffs Department and
the Office of the State Attorney to
investigate the threats made on
O'Neal's life. Mr. O'Neal con-
cluded, "I'm at the end of my rope
with this. This is no longer a game
of any kind to me. My next step
after this... I fully intend to sue
the county. It's my opinion that
this guy is perfectly capable of
carrying out his intent. He in-
tends, in his own words, to 'F' me
*Seafood Workers Association
President Leroy Hall requested
that board members pass a reso-
lution hire a certified biologist to
take samples of the bay. "You
know that we're experiencing
some bad stuff in the bay."' said
Hall. He noted that the bay had
been closed for one month. "I
think the county needs to get in-
volved and get a biologist to find
out what's going on in the bay. I
think the citizens of Franklin
County deserve this," said Hall.

oyster industry," said Miley, "how-
ever, were the State to open the
oyster industry up...and we have
a few people die from the con-
sumption of those oysters and we
lose the market, then it doesn't
matter how productive the Apa-
lachicola Bay is or how many oys-
ters we can produce. If we don't
have a market, that industry is
dead. Insuring a quality product
is in the best interest of the oys-
ter industry." Miley said that he
did not oppose the request for an
added biologist, but felt that the
State of Florida already had an
excellent resource in red tide ex-
pert Beverly Roberts from the
Florida Marine Research Insti-
tute. "The numbers may be dif-
ferent, but they're not gonna be
statistically significant so that you
would be able to open the bay
based on any other numbers."
said Miley. At the request of the
board. Miley agreed to have a rep-
resentative from the estuarine
reserve attend future board meet-
ings to provide commissioners
with a continual update on the
condition of the bay. Mr. Miley
said that he would attend any
meeting of the Seafood Workers
Association. He also encouraged
Mr. Leroy Hall to visit him at the
estuarine reserve if he had any

LeRoy Hall
Eastpoint resident Ricky Polous
felt that the county could not af-
ford to hire an independent biolo-
gist to take samples from the bay.
SPolous suggested that, when the
SDepartment of Environment Pro-
tection has pinpointed the cause
of the fish kill. the board should
consider funding an independent
test to verify the Department of
Environmental Protection's find-
ings. He said such a test would
only cost approximately $150.
*County Attorney A] Shuler in-
formed board members that the
county did own the right-of-way
located between the office of Dr.
SStephen Gross and Charlies
Lounge. At the request of Jim
Sullivan, the board agreed to open
the said right-of-way to traffic. Mr.
Sullivan acknowledged that he
would be the future owner of the
property at Charlies Lounge.

By Rene Topping
The Carrabelle City Commission
met on July 1 on regular session
and were greeted by a roomful of
people wanting to talk about the
community building and the li-
brary. Anne Lindsey spoke on
behalf of a group of 13 people who
had met at The Moorings on the
previous Friday. She spoke most
eloquently on behalf of the urgent
need to do something to save the
old building and to get a new roof
for the library.
After a short reiteration of the
need to safeguard building from
more harm she reminding the
commissioners that the Carra-
belle Branch of the Franklin
County Public Library was a part
of that building. Ms. Lindsey de-
clared that if something were not
done soon there was a grave pos-
sibility that the library could be
lost. She then announced that, "I
care so deeply. Here is a check for
$500 to help repair the Library
roof." Some monies have already
been coming in to the City and
the library from interested citizens
and are being held in a special
fund at the Gulf State Bank. Ms.
Lindsey added that she had "Wor-
ried and worried and prayed
about what might happen to
16,000 books, audio tapes and
other library equipment if the roof
were not soon attended to."
She was joined in her concerns
by Joe Butler, a long time sup-
porter of the library and propo-
nent of keeping the old building.
He said that he felt the building
could become part of the Down-
town Economic Development. He
added that "You (the city commis-
sioners), have committees in place
and I think you should use them."
He said that he would help all he
could. In the end the commis-



*. .'- .
, .. .

The light keeper's house in Carrab
Out Dream Projects" on Page 4).


sioner voted for getting prices on
reroofing or repairing the roof li-
brary part of the building, with
one abstention from Commis-
sioner Jim Phillips who said,
"First, I would like to see a design
for the rest of the building." Add-
ing that he felt something should
be done he said, "I'd sing even
dance if it would get us a new roof
on the building." Commissioner
Ginnie Sanborn was appointed by
her fellow commissioners to
handle the project. On a motion
from Phillips and seconded by
Buz Putnal the commission
agreed to work with the newly
formed group on a project to save
the community building.
The commissioners held a public
hearing on a zoning change mak-
ing cottage industry possible, by
special exception, in any R1 zone
in the city with the commission-
ers reserving the right to approve
on a one by one basis. There had
been several objections to the
change at previous meetings by
residents who felt that the com-
missioners needed to keep the R1
zoning in order to have places
where new housing could be built.
Some felt it was essential to the
City tax base to reserve at least
some areas where only single fam-
ily homes would be permitted. The
county offers cottage industry
under a C4 zoning and no busi-
ness is permitted in R1 zones. The
commission passed the change
with little opposition at the hear-
Another zoning change was made
at a second public hearing when
the commissioners unanimously
passed a change to permit cottage
industry as a special exception in
R2 single family mobile home resi-
dential districts.
Continued on page 3

'y '

elle (See "McCartney Spells,


Woody Miley
Woody Miley with the Natural Es-
tuarine Research Reserve said
that the reserve had been work-
ing closely with the Florida Ma-
rine Science Center in St. Peters-
burg. He explained that the red
tide was a naturally occurring or-
ganism that was present in the
bay constantly. "Something trig-
gers massive blooms," noted
Miley. He stated that the red tide
phenomenon was a public health
threat. "It is really tough on the

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July Carrabelle

City Meeting


i. Z

__ _

Pihih1chpd Pverv other Fridav

I r L5Ri13sivL. '- V t ,'yMIMI AI


The Franklin Chronicle 12 July 1996 Page 3

Gene Langston received approval
on a request for approval to in-
stall a conveyer system to load
barges with limerock, at a site the
Carrabelle River. Langwood in-
dustries having limerock from a
site several miles up C67 and at
first wanted to barge it from the
site down the Carrabelle River.
Langwood industries having been
mining the limerock from a site
several miles down the Carrabelle
River. Langston said there had
been objection from residents
along the river to that plan. He
said that there would be little dis-
turbance to city residents as the
trucks would come over the new,
Morality Lake Road to 30 A and
thence to the loading site.
Commissioners tabled a request
from Austin, Tanner and Garnett
Corporation to construct a family

County Listens to First

Round of Greenpoint

DRI Discussions

Dan Garlick illustrates development plan for Grammercy
Franklin County Commissioners took no action at their July 2 regu-
lar meeting on a request by the Grammercy Plantation to abandon
Greenpoint's DRI (Development of Regional Impact), repeal
Greenpoint's PUD (Planned Unit Development) ordinance and to adopt
a PUD proposed by the Grammercy Plantation.
Attorney Ken Tucker, who represented the Grammercy Plantation,
stated that Grammercy's development was designed to provide af-
fordable residential lots to Franklin County residents. In addition,
Tucker said that the commercial area of the development was in-
tended to be a shopping area filled with retail stores. "We've deliber-
ately reduced the density on this thine and deliberately designed it
with the greatest appeal to the local citizens." Tucker said that the
development would not include a golf course. "As you may recall, the
golf course was intending to use fertilizers, herbicides, pesticides and
treated sewage for irrigating the golf course. The golf course gener-
ated a lot of controversy and a lot of restrictions on the prior develop-
ment; and all of that is gone now." Tucker pointed out that the resi-
dential units had been reduced from 755 to 136 units. The hotel
units, he said, were reduced from 114 to 80 units. The commercial
area, however, was increased from 90,000 square feet to 200,000
square feet. The commercial area, said Tucker, would be located at
the intersection of State Road 65 and Highway 98. "We did design
this to avoid a future DRI," said Tucker, "In our view, it's not a DRI."
Commissioner Bevin Putnal questioned the legality of abandoning
the Greenpoint's DRI. "We've alreadygot aDPRth4t they've (Greenpou-tt
been workirig on for many years," noted, Pptnal, "now we're looking at
a completely different DRI on the same property." County Attorney Al
Shuler said that Greenpoint's DRI had probably expired, but that
their PUD ordinance was still in effect. He explained that, because
the Grammercy project had been scaled down, they did not necessar-
ily need to apply for 'a DRI. He said that the developers were only
seeking a PUD ordinance.
Dan Garlick presented a master plan of Graminercy's proposed project
to the board of county commissioners. He explained to board mem-
bers that the proposed development was spread across 404 acres.
Garlick said that 44% of the acreage, which he said included wetland
areas, would not be disturbed. He said that the development would
include residential, retail commercial and conservation zoning cites.
The commercial area would encompass 20 acres of the proposed
project, which he said included the stormwater area. The residential
area, said Garlick, included 136 acres. He noted that a 200 foot
conservation area adjacent to Highway 98 would not be disturbed.
Garlick also indicated that a flood plain north of the 200 foot conser-
vation cite would not be disturbed. "The idea is that, even though this

> 904-927-2186
904-385-4003 (TALLAHASSEE)
1*ko S SFacsimile 904-385-0830
Vol. 5, No. 14 12 July 1996
Publisher .............,.................................. Tom W Hoffer
Editor and Manager ..............Brian Goercke
Contributors .................... ..................... Rene Topping
............ TomlMarkin
Computer Systems,
Advertising Design,
and Production ................................ Diane Beauvais
............ Jacob Coble
............ Crystal Hardy
............ Christian Liljestrand
Production Assistant ................................ Joe Kassman
Circulation ... ............... Scott Bozeman
............ Larry Kienzle

Citizen's Advisory Group
George Chapel ... ..... ....................... Apalachicola
Sandra Lee Johnson ........... ........... Apalachicola
Grace and Carlton Wathen ...................... Carrabelle
Rene Topping ...... ............... ......... Carrabelle
Pat Howell .. ................. ........... Carrabelle
Pat Morrison .... ............ ........... St. George Island
Tom and Janyce Louthridge .................... St. George Island
Elizabeth and Jim Sisung..... ............. Eastpoint
Bedford and Eugenia Watkins ... ............. Eastpoint
W ayne Childers .................... ........... Port St. Joe

Back Issues
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tax. Out-of-county subscriptions are $22.26 including tax.
Changes in subscription addresses must be sent to the
Chronicle in writing.
All contents Copyright 1996
Franklin County Chronicle, Inc.

residential dock on Lot 10 in River
Bluffs. They said that the city had
not yet received approval on the
roads in the subdivision. Phillips
said that the roads are in and are
made of lime rock paved with as-
phalt. "The (River Bluff Owner
Dan Ausley,) has done everything
we asked him to do. He's not at
fault. The water lines are all in,
Williams said he would discuss it
with the Lions Club. There was
agreement between the commis-
sioners that such a station would
be of great value to tourists and
residents alike. It was suggested
that the KNOA Weather station
would probably be the first of it's
kind in the nation and would at-
tract as many people as has our
"Smallest Police Station in the

is a wetlands area, you can do some work on a Corps of Engineers
wetlands area and we are," said Garlick. He continued, "We're gonna
keep it to .89 acres total. That's a substantial drop from before. We're
trying to conserve as many wetland areas as we can." Garlick in-
formed board members that water would be made available to the
cite from the Eastpoint Water and Sewer Department, but sewage
would not necessarily be made available. He said that the Grammercy
Plantation has proposed placing their development cite on an aerobic
system. He said that any such system would be at least 700 to- 800
feet away from the bay.
Chairperson Dink Braxton questioned whether the Franklin County
Sheriffs Department had been contacted concerning police protec-
tion of the proposed development cite. Mr. Garlick replied that he had
not contacted the sheriffs department. Braxton also asked Garlick if
the project would have an affect on the local school system. Garlick
agreed that the site would have an affect on the school system; how-
ever, he stated that the effect would not be as dramatic as would the
originally proposed'project of 755 units.
Grammercy Plantation representative Olivier Monod said that the
project would be completed by the year of 2001. 'There would be no
tie-in at this point projected between purchasing a lot and having to
build within a certain time frame," said Monod. He estimated that the
entry price for lot and a house in the development cite would be
San Jorge Corporation and Greenpoint Development President Jack
Dodd stated that both San Jorge and Greenpoint interests were op-
posed to the abandonment of the Greenpoint DRI, the repeal of the
Greenpoint PUD and the establishment of the Grammercy PUD. Dodd
said that he owned one of the three parcels that encompassed the
Greenpoint DRI.
Chairperson Braxton questioned whether the board could abandon
part of the DRI and maintain the remainder which affected the
Greenpoint Developmient site. Attorney Shuler stated that the DRI
had probably expired, but had never been formally declared to be
expired. He said that the board could probably abandon part or all of
the Greenpoint DRI depending on the wishes of various concerned
owners within the DRI. "I don't think that any one of the three owners
should have a veto of the uses that the other people want to make of
their property," said Shuler. Braxton stated that the DRI was required
for development projects with 200 or more units. He pointed out that
Mr. Dodd had been left with 30 acres of land and could not possibly
construct'200 units on that land. "Really, he has no use for the DRI,"
concluded Braxton.
Mike Donovan with the Apalachee Regional Planning Council affirmed
that the board could abandon part of the Greenpoint DRI. "We don't,
however know what that means and what happens when you do (aban-
don part of a DRI)," said Donovan. He said that the 30 acres owned
by Dodd would still remain within the DRI and subject to the DRI
Susan Anderson with the Department of Community Affairs (DCA)
said that the conditions of the Development Order was that, if no
development occurred during a continuous three year period from
the initial time of approval in 1991, then the DRI would expire. "But
that expiration does not mean that the (DRI) approval just automati-
cally goes away," said Anderson. She continued, "It requires some
action on the part of the board to establish land-use approval for that
parcel. The abandonment that has been submitted to the department
is a partial DRI. It leaves in question the remaining two parcels and
what development approvals might exist for those two parcels; and
they would have to be considered at the same time the abandonment
was considered in order to determine the level of development for the
existing parcels." Anderson noted that there were more questions than
answers that remained on the matter. The board, she said, needed to
first determine whether development had ceased on the Greenpoint
project before the decision to either activate or abandon the DRI.
"You should either abandon the entire DRI or establish what develop-
ment approvals exist for the portions that are not abandoned," said
Anderson. "The department is required to look at the entire DRI in
terms of what the development impacts will be after the
abandonment...not just for the land portion of the property but for
the entire parcel." Anderson pointed out that the DCA did not have
the information to determine whether the criteria for DRI abandon-
ment had been met.
Greenpoint Development representative Dave Tuplin pointed out that
the Greenpoint DRI should not be abandoned until the proposed
SGrammercy project has been approved in writing by the various state
agencies. "We've got a DRI that exists in the county now," said Tuplin.
He continued, "Surely that DRI should not be abandoned until you're
absolutely certain you've got it in writing from each one of those agen-
cies that you're clear to go before you ask the gentlemen here to aban-
don our DRI."
The Franklin County Commissioners will revisit the request from
the Grammercy Plantation at a second public hearing on August
20 at 5 p.m. in the Franklin County Courthouse.

The Legal Sinkhole

gets Larger

I'm told that the decision for the St. George Plantation owners' Asso-
ciation (POA) to participate in the workshop hearing Phase I of the
Resort Village Project on Tuesday, July 2, 1996, was made at a very
recent meeting of the Plantation Board of Directors. The lawyer rep-
resenting the POA, Mr. Richard Moore of Tallahassee, would address
only the procedural matters involved.
With the POA's appearance at the meeting, there is now a first-time
public "opposition" to the Ben Johnson project, quite at variance to a
set of agreed upon stipulations for the POA under previous discus-
sions embraced in an agreement with Ben Johnson. Namely, the POA
would "support" the project and certainly not publically "oppose it."
In the spring of this year, the POA Board discussed among them-
selves the prospects of litigating the controversial agreement which,
if validated, would bind the POA into an unusual position of support-
ing the development of Resort Village. Since there have been well
documented bases to challenge the legality of this agreement, the
POA Board decided to seek a declaratory judgement from a court of
appropriate jurisdiction. While such litigation is now underway, with
an answer filed by developer Ben Johnson and his attorneys, the
POA also decided to violate one of the contract elements anyway, and
proceeded to complain at the workshop of Phase I for Resort Village.
Resort Village has responded to these "deficiencies" in procedure in
an article printed elsewhere in this issue. And, the Apalachee Re-
gional Planning Council, as a part of the procedural review, has also
rendered several conclusions related to many of the items raised by
the POA.
Only problem is that the POA membership had to pay for this attor-
ney-involved exercise, and the state-created agency involvement was
borne by the general taxpayers.
These issues are rising to the level of a forest fire out of control if you
bother to speak to some members of the Board of Directors of the
Plantation Owners' Associatidn. Some are driven by fear and para-
noia instead of reason; others are trying to reach some reasonable
basis to negotiate a solution instead of driving up legal bills, only to
have this money taken out of the county as it lines the pockets of
Tallahassee attorneys. If you speak up, complaining about these ex-
penditures, other Board members will vilify you by '.putting a spin"
on what you say or write, and glossing over their accountability for
committing association funds to such questionable activity. Perhaps
it is time to dust off the rules in the Covenants that have to do with
impeachment, and remove those who impede progress toward some
accommodation with Dr. Johnson. There are also other sanctions for
those Who do not serve; the highest fiduciary accountability connected
with managing the hundreds of thousands of dollars entrusted to
their care.

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Carrabelle City From page 2

In the meantime, the roads do not get resurfaced; because the Asso-
ciation is paying off lost cases or allocating more money fighting new
Lou Vargus, former President and member of the Board of Directors,
Wrote at one time all of these recent events would happen when the
declarative judgment litigation was started. The sink hole is now en-
larging. And, there might be some additional problems such as the
language contained in the brief: "...The oral presentation made by
Mr. (Tom) Royal was both incomplete and materially inaccurate, as
compared with the final written version of the agreement..."
This statement appears to defame Mr. Royal, former Board President.
But, disassociating the Board from past Presidents and past policies
is more normal for the current Board than might meet the eye. For
example, President Vargas committed the Board to a policy of seeking
membership approval before any lawsuits were started. This was
thrown to the wind by the current Board (consisting of four elected
and three appointed members). The appearance of Mr. Moore in the
workshop on July 2, 1996 amounts to formal opposition to the Re-
sort Village project, and a reversal of Board policy in regard to mem-
bership involvement in this workshop. True, a workshop is not a law-
suit, but I invite anyone to view the videotape of these proceedings
and conclude that this was not an adversary proceeding, complete
with allegations and attendant falsehoods.
I will readily admit that as one Florida citizen, I am not happy over
the role of the Department of Community Affairs (DCA) and the exer-
cise of their legislative mandate to create all sorts of administrative
rules which slow, sometimes stifle or destroy development. The Leg-
islature has inadvertently created a paper fantasy, in which proposers
and opposes point fingers at each other as to the proper procedures
to be followed in this paper tiger which exists at the sufferance of
taxpayers. Procedural matters are not substantive matters, but are
placed in to law to ensure fairness. The controversy in the POA ver-
sus Resort Village is a microcosm of the paper fantasy, costing every-
one time and money. That does not mean I am against some kind of
reasonable mechanism for environmental safeguards.
But, in the case of the POA, and their participation in the workshop,
the actual list of"deficiencies" amount to nothing more than a smoke
screen of opposition to the project. I did not pay homeowner assess-
ments to contribute to such questionable activity, directed princi-
pally by a minority of POA members. The Apalachee Regional Plan-
ning Council (APRC) already addressed most of the "deficiencies" in
their July 1, 1996 letter to the County Attorney and Board of County
Of course, this can be construed as criticism of the POA Board of
Directors, and they appear to be supersensitive to most criticism unless
they agree with it. I know they work hard, but I would also like to see
them work smart.
Tom W. Hoffer
Member, POA

Hwy. 98 Eastpoint FL 32328 (904) 670-8808

Editorial and Commentary



Paee 4 12 July 1996 The Franklin Chronicle


Published every other Friday

McCartney Spells Out

Dream Projects

By Rene Topping
Baskerville and Donovan engineer
Bill McCartney spelled out for the
commissioners and the audience
present at the July 1 Carrabelle
City meeting, several dream
projects that could get funded to
enhance the City of Carrabelle. He
said that he is working to get
money on a historic grant to buy
and restore the last of the local
lighthouse keeper's homes. He
said that he would like to see it
saved and moved to the small
park to be built at the end of the
Riverwalk. The house is the last
of what were several such homes
built in the late 1800s and at one
time was one of two at the
Crooked River Lighthouse site
just west of Carrabelle. The other
one burned in late 1995. Others
like the one on Little St. George
are already gone. He said this is
the very last one and he feels it
can be saved for posterity.
If the house can be bought (the
owner has it on the market for

Zoning Board

Angered by



The Franklin County Planning &
Zoning Board were united in their
indignation of the Franklin
County Commission at a July 9
monthly meeting. Zoning board
members expressed anger at the
county commission for sending a
previously approved agenda item
back to the zoning board and for
also canceling a public meeting at
the last moment.
On June 11, The Franklin County
Planning and Zoning Board had
approved a request from David
Apodaca to construct a RV park
in front of the Pride of the Point
Marina on Alligator Point. The
board voted 3-2 to approve the
On June 18, the Franklin County
Commission was persuaded by
small group of Alligator Point resi-
dents who were critical of the pro-
posed development plan; the
board unanimously agreed to
send the item back to the plan-
ning and zoning board without
specific recommendations. The
county commission also directed
Franklin County Attorney AlI
Shuler to attend the July 9 zon-
ing board meeting.
As the July 9 meeting of the plan-
ning and zoning board began, Al-
ligator Point residents were well
represented with petitions and
zoning maps in hand. Assistant
County Planner Mark Currenton
announced, however, that a pub-
lic hearing on the matter had been
canceled, much to the outrage of
both board members and Alliga-
tor Point residents. Zoning board
members questioned whether a
public hearing could legally be
canceled at the last minute.
Board member Annie Mae Flow-
ers expressed frustration with the
county commission for flagrantly
disregarding the zoning board's
recommendation on the RV Park.
"We spent a good bit of time last
month on this and we did the best
that we knew how," said Flowers.
She continued, "Now here they
are sending this back to us and
we've already looked at it. I think
they're just trying to pass some-
thing off on us and these (Alliga-
tor Point residents) people got
caught up in it."
Alligator Point residents ques-
tioned whether the proposed
project was located in R-1 or C-3
zoning. "The only records around,
other than the new zoning map
which was drawn, shows that it
was single-family residential,"
explained one resident. Residents
explained that the old county zon-
ing map had "disappeared" and
that a new map was created in
1992. "The question is," asked a
resident, "how did it become C-3
Board Chairperson Gayle Dodd
informed the residents that the
zoning board members had made
the best decision that they were
able to considering the informa-
tion that was available to them at
the June 11 meeting. She noted
that, even though she voted
against the proposed project, she
considered the county's actions to
be an "insult." She continued, "If
they (the Franklin County Com-
mission) don't want our advise,
please don't bring it back to us."
Board member Donald Woods
also noted that the zoning board
members were "lay people" who
were without legal counsel. "The
county commission has legal
counsel," said Woods. He contin-
ued, "If you have a legal question,
they are the ones who would have
to address it."
Alligator Point resident Bunky
Atkinson said that she under-
stood the zoning board's predica-
ment and did not blame the com-

mittee. "Somebody dropped the
ball, but it wasn't you," said
Atkinson. One resident com-
plained, "I drove 140 miles and
now I'm down here and there's no
Mr. Woods then made a motion
to inform the county commission
that the Franklin County Plan-
ning and Zoning Committee was
an advisory board and did not
have the authority to call or can-

$53, 000.00), McCartney pro-
poses that it could become a cen-
terpiece at the small park located
near the river mouth. In addition,
McCartney said that he is also
investigating the possibility of
obtaining the shut down Crooked
River Lighthouse and moving it to
the same location. The light was
turned off several months ago. It
had been a beacon for homecom-
ing fishing vessels for over 100
years and is already on the list of
Historic Places.
He said, "This is the very last of
these historical homes and is well
worth saving. It could become a
community house at the new lo-
cation after it had been completely
restored." He said that the addi-
tion of the lighthouse would be a
good tourist attraction for the
Those people who are in favor of
this project can send in their sig-
natures on a advertisement pub-
lished in the local weekly paper
or check with city hall to see what

cel public meetings. He recom-
mended that the county commis-
sion conduct a public hearing on
the matter. The board unani-
mously approved Mr. Woods' mo-
In other board business:
*The board unanimously ap-
proved a request from David Ward
to remodel the old Marine Patrol
building in Carrabelle. Mr. Ward
will construct three townhouses
on the said property. Mr.
Currenton told board members
that Ward would have to receive
a variance from the City of Carra-
belle because the project extended
into the setback zone.
*Chairperson Gayle Dodd an-
nounced that Rene Topping had
submitted her resignation from
the Franklin County Planning and
Zoning Committee. Ms. Dodd fur-
ther noted that Topping had rec-
ommended that Carrabelle resi-
dent Deane Cook fill her vacancy
on the board. The Franklin
County Commission will be ex-
pected to appoint a new member
to the planning and zoning com-
mittee at its July 16 meeting.

they can do.
McCartney came down solidly in
favor of trying to get grants for
rejuvenation of the Community
House and said that he will do all
he can obtain grants to that end.
He also reported on the extension
of the water lines to the River
Road and the Carrabelle Beach
area. If it is approved, it will bring
in money to the city with the ad-
dition of more subscribers. He
touched on the project to build a
motel and restaurant, similar to
a Day's Inn, recently proposed by
Nita Molsbee, for a piece of land
just east of the Carrabelle Beach.
He said that, and other commer-
cial establishments already in
place could help the city water
department with more income. It
is also not beyond the realm of
possibility that the city could get
a new city hall. McCartney said
and added that the town has to
be ready for the growth expected
to take place in the near future.




At the request of board member
Jim Lycett, the Carrabelle Port
and Airport Authority unani-
mously agreed on July 11 to ad-
vertise for new appointees to the
board one month before the expi-
ration of an existing board
member's term. "As long as the
public is notified," said Lycett, "It
satisfies me."
Board member Frieda White an-
nounced at the board's regular
July 11 meeting that her term had
just expired. However, she agreed
to serve an additional month
while the board advertised her
soon-to-be vacant position. "If you
don't really care about this city,"
advised White, "you don't have a
bit of business up here (on the
port authority board), because
you're not gonna take anything
but grief There's no pay for it.
There's no thanks. There's no
nothing. All you're gonna take is
grief." Lycett joked, "I'll second
In other board business:

1 *The board unanimously agreed
to disapprove the minutes for the
month of June and to request
Board secretary Mary Jane
SKitamura to submit more compre-
hensive minutes to the board.
SBoard member Jim Lycett com-
plained that, in concern to a with-
drawn motion during the last
month's meeting, Ms. Kitamura
simply wrote "lengthy discussion."
He noted, "that won't get it for
Lycett asked if Ms. Kitamura had
made the decision to personally
write the minutes as such; Chair-
person Donald Woods replied
Ii ^ that, since the motion was with-
drawn, he advised her that the
discussion on the motion did not
have to be written at great length.
l "It would have involved a tremen-
dous amount of work for her," said
-.. WWoods. Lycett told Woods that he
should have consulted with the
S board before making such a per-
sonal decision. "For you to uni-
laterally go in and suggest this
isn't important is...I don't think it
Goes along with the way we've
done things in the past," said
;-f' : Lycett.
,,h i *Bill McCartney with Baskerville-
..Donovan informed board mem-
bers that he had submitted a
grant application to acquire the
Sold light keeper's house in Carra-
belle. He told board members that
<.. a $50,000 in-kind match would
be required. The board then
S signed a letter that acknowledged
that, if the grant was awarded to
the City of Carrabelle, the board
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Counsel Sought for

Seafood Workers

- -: **
Seafood workers sign a petition to secure legal cousel (L) as
Ricky Polous (R) addresses the closure of the bay.

Eastpoint resident Ricky Polous hosted a workshop on July 1 to gen-
erate support for a petition to the Franklin County Commission that
requested $5000 for legal council to challenge the Department of
Environmental Protection's model concerning the closure of the bay.
The July 1 workshop was attended by over 60 individuals, which
included Franklin County Commissioner Bevin Putnal, Department
of Environmental Protection representative David Heil and State Rep-
resentative Candidate Gene Hodges.
Mr. Polous suggested that the group recruit Attorney J. Patrick Floyd
as primary counsel and Attorney Alfred O. Shuler as assistant coun-
sel. When Polous asked if anyone in the audience had an objection to
the requested counsel, no one voiced opposition. He urged seafood
workers to get directly involved in the struggle to keep the seafood
industry vital. "We have got to get everyone involved in this. As indi-
viduals, you don't mean anything to the state. You're gonna have to
form an association. You're gonna have to get the fire started and
keep it burning, because no one's gonna do anything for you." urged
Polous, "you have to do it yourself or it won't never get done." He told
the seafood workers that their industry could soon be destroyed. "The
problem is that the DEP's model doesn't work for the commercial
fishermen," said Polous. He continued. "And it's put you out of work
this winter pretty well. If something doesn't get changed, next winter
is gonna be just as bad or probably worse. After next year, you may
be out of business totally."
Pointing to the polluted waters in Mississippi and Louisiana, Polous
noted that seafood workers continued to work in the said states. "Ev-
ery state has to meet FDA (Food and Drug Administration) guide-
lines. I don't know Louisiana's model says, but apparently it works
for the commercial fishermen." said Polous. "Our Apalachicola River
may need help," said Polous, "but I know it's cleaner than theirs. I
feel that we have a lot of rules applied upon us that just do not work.
I feel that they (the rules) need to be changed."
Mr. Polous said that those in the seafood industry needed to develop
closer contact with the Department of Environmental Protection to

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get a better understanding of why the bay was being continually closed.
He noted, "I've asked David Heil for more water samples, but he said
that the department does not have the funding for it. If that the case,
maybe we can work on a petition to the Governor to see that D.E.P.
gets the funding." Polous said that the D.E.P. could close the bay for
precautionary reasons without taking water samples."I think that the
moment this bay is closed that a water sample should be taken," said
Polous. He continued, "You're shutting down a million dollar indus-
try here on an assumption. Now it may very true that there may be
problem...I think we've had something out there beside red tide."
Mr. Hell encouraged seafood workers to develop a strong organization
with a vocal spokesperson to petition state legislators. He said that a
single spokesperson from a cohesive organization. "A thousand indi-
viduals could call, but that does not give as much weight as one
organization that represents a good section of the community," said
Seafood Worker Peter Buzier complained that a member from the
Department of Environmental Protection has referred to members in
the seafood industry as "you people." He addressed Mr. Heil, "Do you
remember what happened to Ross Perot when he referred to the Afri-
can-American as, 'you people?' That happened to us at your D.E.P.
office." Mr. Heil apologized for the alleged statement and said that it
was a mistake.
Mr. Polous then requested that those in attendance consider signing
Sthe petition to the Franklin County Commission. The meeting gener-
ated 42 signatures. Polous noted that a total of 103 individuals had
signed the petition.

8'/2 x 11-201b White 0 (

Ing 4th

... Celebrations

Ted Mosteller
... .....


Following the meeting, several seafood workers including Gene Webb
and Robert Russell expressed an interest in forming an organization
independent of the Seafood Workers Association (SWA). They noted
that effective leadership had not been demonstrated by the SWA.
I, -- "'--'-

Those responsible for the succulent roast and barbercued pork
were (from left) Gene Osburn and Bob Patrick, both from
Apalachicola. Others helped serve the soft drinks, beans, bread,
and other delicacies for $5 per plate.

I i k :

"f ll
County Commissioner Bevin Putnal (L) with State
Representative Candidate Gene Hodges attend the July 1
Seafood Workers meeting.

Public Water Service

The City of Carrabelle is pursing the extension of its
potable water service to:
To reserve a water .;-!ce connection, each potential user
must execute a Take-or-Pay Agreement with the City.
The cost to reserve water service is a $50.00 deposit and a
minimum charge for two years after service is available.
Subscribing during the current sign up period will exempt
the user from a Tap-on-Fee after this initial enrollment
period has expired.
Should the City determine that there is not a sufficient
customer base to support the expanded water service,
the City may cancel the project and return each deposit.
Sign up forms are available at City Hall
or they may be obtained by mail at
P.O. Box 569, Carrabelle, Florida 32322.

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$ 4,000 9,999.99 4.54%
$ 10,000 29,999.99 4.75%
$ 30,000 99,999.99 4.85%
$100,000 AND OVER 4.95%
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In Apalachicola, just
below the bridge, the
volunteers and viewers
assembled to prepare
for, and watch, the
fireworks scheduled for
a half hour after dark.
Gary Barber explained
that the organization
and funding originated
with the Seafood
Festival, supported by
area merchants and
businessmen. Those
helping in the daytime
and that night included
John Drew, William
Scott. Marc and
Jonathan Kelley.




Bill Rule, head of the fixed base
aircraft operation at the airport,
Apalachicola, explained that
the chief activities were $5
plane rides, visiting aviators
from other areas, sky divers and
the Patrick-Osburn feed at the
Franklin County airport in
Apalachicola on the 4th of July,
1996. He,thought, the "open
house" would best show the
community the progress the
airport is making. The two
5,200 foot runways are
complemented with a non-
directional beacon, runway
lighting, a new facility at fixed
base operations, approach
lights, ramp lighting and an
approved Master Plan are
among the items on the airport
brag sheet. There are about 500
"operations" per months,
takeoffs and landings. A third
runway will be opened by the
end of the year. There is also a
computerized weather system
installed at the base. And, 24
T-hangers to provide protection
from the salt-air environment
are being built. -

Dr. Hobson Fulmer and Woody


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The Franklin Chronicle 12 July 1996 Page 5

Published every other Friday


Page 6 12 July 1996 The Franklin Chronicle


Published every other Friday

4th of July Celebrations
At St. George Island, the beaches were thinly populated but there
was ample scenery on the decks at Finni's.

-a,. --- l- ...' -- .
-.--- -. "

.- -. .. -- .- .-

.. -.

POA Continued from page 1.

". ....... .... .-.. .. ..

I. :

Over at St. George Island,
hundreds of autos also
accumulated around the
old marina in anticipation
of both shows. Michael
Cates organized this year's
group of businessmen who
sponsored the fireworks.
The team setting them off
included Woody Miley, Lee
Edmiston, Ricky Moseley,
W. K. Saunders, Wayne
Bonada, Hobson Fulmer
and John Ficklen. The
truck used to launch the
rand finale was furnished
y Lubertb's Sand and
Gravel operation. The "big
one" was 16 inches in
diameter, hurled 2000 feet
into the air. George Chapel
assisted in the taking of
these pictures, completed
in complete darkness.

AsS s^ J



Lt. Warren Revinowitz and his wife Karen were helping out with
ticket sales and general coordination at the Apalachicola airport
on July 4th. Lt. Revinowitz was a victim in an unusual helicopter
accident over Liberty County two years ago last March 1994. He
was flying for the Florida Marine Patrol, and just married two
weeks earlier to Pharmacist Karen, who operates stores in
Eastpoint and Carrabelle, when his helicopter crashed after an
engine explosion. "I got pretty close to the ground, about 27 feet
off the ground then the trees just closed in on me and I literally
fell with the helicopter from 27 feet," he recalled. The forest was
so dense he was not rescued until the following day, 18 hours
later. He suffered a broken back. He said he still walks with a little
bit of limp, and attributes his survival writh redundant training in
emergency procedures. He was hospitalized for 6 weeks, in
rehabilitation for another 4 weeks, and retraining the balance of
the time before returning to work for the Florida marine patrol.
Frank Stephens, candidate for school superintendent, told an
interesting story of the rescue as the mission coordinator of the
search air r escue organization responsible for locating the young
Lieutenant deep in the Liberty County woods. The helicopter sent
out distress signals picked up by U. S. and Soviet satellites, and
the signal info was coordinated at Langley Air Force Base. Stephens
received the information and dispatched teams to the area where
the distress signals originated.

*L .. .- ,. .:tM .. -

The sky-divers who provided the stunt and diving
"entertainment" over the Apalachicola airport on Thursday, July
4, 1996 were Bill Leseman, Tracy Dover, Kyle Jones and Jeff
Seiverth, all of Tallahassee. The group performed twice that day,
at 1:30 p.m. and 3:30 p.m. After their circles and other stunts,
they flew in under absolute control, landing at the airport with
feather-tip accuracy.

-. ..'. "''.-,- 5.

affiliated uses, and the amount of retail space, relative to the level
originally and cumulatively approved by the Board.
3. (POAs Allegations)The NOPC does not ad-
equately address the entire 58 acres by providing
specific development plans for the entire project.
(Resort Village Response) This is not a valid criticism. The NOPC
includes of the information needed to review the projectinclud-
ing specific plans for the entire Resort Village. which are attached at
Exhibit 3. As required by FLAWAC's order (Florida Land. Air and
Water Adjudicatory Commission), this exhibit includes the "density,
intensity and location of the proposal and also complies with the
other requirements'in Chapter 380. Florida Statutes, and Rule 9J-2.
Florida Administrative Code." Dr. Johnson is only requesting ap-
proval of plans for the first.phase of the Resort Village. However, if
the Board wants to approve the plans for the entire 58 acres, it has
this option.
4. (POA's Allegations) The NOPC does not ad-
equately address impacts to wetlands.
(Resort Village Response) The 1977 D.O. requires protection of Apa-
lachicola Bay, and Dr. Johnson is fully complying with this require-
ment. It is obvious from a review of Exhibit 3 (which includes spe-
cific plans for the entire 58 acres) that Dr. Johnson has provided
very generous setbacks from the marsh. Additionally, potential wet-
land impacts were fully considered by DEP in reviewing and approv-
ing the wastewater and storm water plans.
Phase I includes only a few small isolated wetlands. On May 9. 1995,
Dr. Johnson was informed by the Department of Environmental Pro-
tection that no DEP permit would be required to fill these and cer-
tain other isolated wetlands. (Copy attached). On May 17, 1995, the
Army Corps of Engineers authorized Dr. Johnson to fill these iso-
lated wetlands, pursuant to Nationwide Permit Number 26. (Copy
If the Board decides to approve plans for the entire 58 acres, we
would suggest adding the following language to the Development
To the extent any wetlands are dredged or filled, other than
as authorized by nationwide Permit number 26 on May 17,
1995. the Applicant will create a fresh water pond and/or
wetlands of equivalent size. The creation of a fresh water
pond and/or wetlands will serve as mitigation for additional
dredging and filling provided that the cumulative area af-
fected by the dredging and filling does not exceed the size
of the fresh water pond and/or wetlands created by the
5. (POA's Allegations) Dr. Johnson is only vested to
develop his property with residential uses .
(Resort Village Response) Again. Mr. Moore has failed to recognize or
deal with the specific language in the 1977 D.O. approving commer-
cial development. While the 1977 D.O. also allows the property to be
developed single family residential on septic tanks, this is clearly a
fallback option for the developer- not the primary land use approved
for the property.
It is interesting to note that the plantation owner will argue either
side of this issue, depending upon.which aspect of Dr. Johnson's
development they are trying to block. For example, when the issue of
multi-family residential was before the Governor and Cabinet, the
attorney for Tom Adams and a group of POA members known as the.
"Concerned Property Owners" stated: "Dr. Johnson was only vested
to develop commercial, and Mr. Johnson is vested to develop hotels."
However, now that Dr. Johnson has submitted plans which are lim-
ited to these vested commercial uses, the plantation owners have
hired a new attorney, who argues that the property is only vested for
residential uses.
Dr. Johnson is clearly statutorily vested to develop his property as
requested. Section 163.3167(8), Florida Statutes, provides that
nothingig in this act shall limit or modify the rights of any person to
complete any development that has been authorized as a develop-
ment of regional impact pursuant to Chapter 380..." These vested
rights are valid in regards to any "consistency" or "concurrency" re-
quirements of Franklin County under Section 163.3194. Florida Stat-
utes, or Section 163.3202, Florida.Statutes...
Mr. Moore cites In Re: Petition for Declaratory Statement by Sarasota
County, 14.F.A.L.R. 7222 (Department of Community Affairs. Janu-
ary 10, 1992) as the sole authority for his argument. In this case.
Sarasota County filed a petition seeking a declaration from the De-
partment of Community Affairs on various matters relating to DRIs
which were then in effect in Sarasota County. The Department held
that Sarasota County's petition sought the Department's opinion on
questions not limited to Sarasota County and on the interpretation
and applicability of a particular provision in Sarasota County's ordi-
nances. For these reasons, the Department declined to answer any
of the questions raised by Sarasota County and denied its petition.
In its general comments leading up to its holdings and rulings, the
Department stated at page 775 that "...it is the Department's opin-
ion that under Section 163.3167(8); Florida Statutes, development
rights specifically granted in a DRI development order issued prior
to the effective date of a revised comprehensive plan are vested from
the currency and consistency provision of Chapter 163, Florida Stat-
utes. The Department further stated at page 775:
In applying Section 163.3167(8), Florida Statutes, local gov-
ernments should bear in mind that although this vesting
provision i- statutory in nature, it does not replace the com-
mon law doctrine of equitable estoppel. Equitable estoppel
still remains a remedy to owners and developers which lo-
cal governments should consider on a case by case basis. *
The POA's reliance on this case is misplaced. and the POA has mis-
stated the holding and effect of this case...
6. (POAs Allegations) The statement in the NOPC
that there are no lands purchased within 1/4 mile
of the original DRI site is incorrect because the State
of Florida has purchased land adjacent to the Nick's
(Resort Village Response) Paragraph 8 of the NOPC form provides:
"Describe any lands purchased or optioned within 1/4 mile of the
original DRI site subsequent to the original approval or issuance of
the DRI development order." Mr. Moore has misinterpreted this pro-
vision of the NOPC form. The purpose of this provision is to notify
the county and reviewing agencies of any additional land owned or
controlled by the applicant within 1/4 mile of the original DRI. Fur-
thermore, the land in question was included in the original DRI. and

thus would not appropriately be listed, even if it had been purchased
by the applicant, instead of the State.
7. (POA's Allegations) Failure to address the use of
Leisure Lane is "tantamount to a taking."
(Resort Village Response) Numerous individuals have the right to
use Leisure Lane either through ownership or easement rights. Dr.
Johnson is in no way proposing to interfere with these rights.
8. (POA's Allegations) The permitted AWT may be
too small to serve the entire Resort Village.
(Resort Village Response) Mr. Moore's reasoning is flawed. With re-
gard to estimated flows, he cites a rule promulgated by HRS. This
rule is intended for application to septic tanks, where actual flows
cannot be monitored, and thus a high-end figure is appropriate, in
order to provide a generous safety margin. This rule does not apply
to central treatment facilities permitted by DEP. like the AWT plant
which has been permitted for the Resort Village. DEP will monitor
operation of the plant, and ensure that its capacity is not exceeded.
In any event, there is no statutory provision, agency rule or county
ordinance that requires the developer to have enough permitted waste
water capacity to serve all future phases of development prior to
approval of an NOPC. In fact, the 1977 D.O. clearly contemplates
that waste water permitting may occur after final site plan approval.
Section 3.B.vi. of the 1977 DO. provides: "Upon final approval, the
Board will cooperate with (the developers in obtaining any necessary
State or Federal approvals." However, Dr. Johnson has already re-
ceived a permit for a 90,000 gallon AWT facility, and he is confident
this will be large enough to serve the entire Resort Village.
9. (POA's Allegations) The NOPC does not ad-
equately address: hurricane preparedness; impacts to
plant and wildlife; impacts to potable water; and im-
pacts to transportation.
(Resort Village Response) Mr. Moore is apparently unaware of, or is
ignoring, several years of discussions between Dr. Johnson and the
state agencies which culminated in the previous NOPC. during which
all of these issues were thoroughly discussed and resolved. Form
RPM-BSP-PROPCHANGE- 1 does not require a discussion of these
issues in the present NOPC.
With regard to hurricane preparedness, to accommodate DCA. we
included Section "L" of our proposed development order amendment.
This section requires the developer, prior to occupancy of any habit-
able portion of the development, to submit an evacuation plan which
meets the requirements of Rule 9J-2.0256(5)(b)1.
The NOPC will not create any adverse impacts to plant and wildlife,
both because it involves a reduction in density and intensity of de-
velopment, and because the plan has been so carefully designed to
protect these precious environmental resources. Note, for example,
the large areas which have been set aside for open green space, and
the extremely conservative approach which has been taken to storm
water and waste water treatment.
With regard to potable water, County Ordinances require satisfac-
tory proof that water will be available prior to issuance of a building
permit. Dr. Johnson intends to fully comply with this requirement.
In fact, Dr. Johnson has already purchased 15.000 gallons of com-
mercial water capacity from St. George Utility, which should suffice
for the next several years. He can not reasonably be expected to
purchase in advance all the capacity he will ever need for the entire
Resort Village especially since build-out is projected to occur more
than 10 years from now. Obviously, if there is no capacity available,
Dr. Johnson will not be able to receive a building permit. Therefore.
the risk is entirely on him to ensure that adequate water is available,
if he wants to continue to develop his property.
With regard to transportation impacted, this issue is addressed in
Section 9, subparagraph 15 of the NOPC. We have demonstrated
that traffic generated by the proposed development will be lens than
contemplated by the 1977 D.O. Additionally, this issue was addressed
during earlier reviews of this project. In his November 23..1993 let-
ter to Alan Pierce. Mike Donovan states that "it remains the opinion
of Council staff that the proposed Resort Village project will-not cre-
ate a substantial impact on the regional roadway system..."


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Published every other Friday


The Franklin Chronicle 12 July 1996 Page 7

: Gander



S:- with School


r Statement

Franklin County School Board
Member Jimmy Gander took is-
sue with those staff and faculty
members in the Franklin County
School District who make degrad-
ing comments towards students
S- at a June 2o special meeting. Mr.
'\-,^- Gander urged that members
within the Franklin County
School District remain mindful of
Sthe tenets within the School Im-
.provement Plan.

Artist of

the Month

By Rene Topping
Patricia Moore was chosen as Art-
ist of the month by her fellow
members of the Carrabelle Artists
Association. Ms. Moore came to
Carrabelle in 1994 from
Homosassa, Florida. She has es-
tablished her business just west
of Carrabelle giving it the appro-
priate name, "Moore's Treasures."
Her shop features her paintings,
many of which feature underwa-
ter scenes. The water looks so real
a person might expect the canvas
to be wet to the touch. It is a com-
bination of a deft use of just the
right coloration and a true per-
ception of the watery element. In
one of her pictures, the dolphins'
painted faces seem ready to
spring to life. Her specialty is
marine animals.
In addition to her own works,
Moore has several original collec-
tor dolls fashioned by her mother
on display. Outside the building
are chain saw sculptures. She
also has a fine collection of her
own sculptures. Moore said that
she has never tried the chain saw
method, but added she might try
it at some time.
Ms. Moore and her husband
-worked together to remodel an old
building that had been almost
hidden under growth. They have
made a pleasant place to stop and

Mr. Gander made reference to the
salutatorian speech made by
Shelita Green at the Apalachico-
la High School commencement
ceremony for 1996. "This young
lady was the pride of our school,"
said Gander. He commended Ms.
Green for her courage to publicly
address problems within the
school system. Mr. Gander noted
that the salutatorian explained
that the class of 1996 was deemed
the "class from hell."
Gander pointed out that the
school belief statement made the
declaration of instilling self-re-
spect within the students. "I be-
lieve that we as a board ought to
do what we can do to see that it
(the belief statement) is carried
out," said Gander. He continued,
"I don't think that we should call
kids the class from hell. I don't
believe that a teacher should be
allowed to tell them that they're
the worse class in school."
School Board Member Willie
Speed said that he completely
agreed with Mr. Gander's assess-
ment. "But we'll get teachers from
time to time who are a disgrace
to their profession," said Speed.
He continued, "We do the best
that we can. We have some teach-
ers that do incredible things in the
schools and classrooms. We need

look at all sorts of "treasures."
Ms. Moore added that she has
come here to stay. "We have put
down our roots in this North
Florida place and found our home
for life." She delights in the quick
changes in weather, clouds and
light that are a part of the area
and hopes to continue picturing
the area for a long time. Ms. Moore
said the artist in her is intrigued
by the beach and waters of Fran-
klin County.

to weed them out when they're
found and located."
Superintendent C.T. Ponder in-
formed board members that they
should not publicly discuss mat-
ters involving particular individu-
als when those individuals were
not present for rebuttal. "I don't
think it's fair to throw things out
when people aren't here to re-
spond to them and who have the
information," said Ponder.
At Mr. Ponder's suggestion, the
board ceased such discussion.
In other board business:
*The board agreed to purchase
cellular phones for school buses.
Chairperson Will Kendrick voiced
concern that some of the bus driv-
ers may use the phones for per-
sonal calls. "We don't even read
the School Improvement Plan, so
we're not gonna sit down and
study the phone bill and say, 'well,
they called Aunt Mary Jane and
Uncle Joe.'" Chairperson'
Kendrick told board members
that he wanted to study the phone
log for the first 30 days of use. He
also stated that, if a bus driver
called on a disciplinary matter, he
expected them to take the time to
fill out the discipline referral
forms. "If we find that one call was
made on August 14, on that same
day, there better be a discipline
referral filled out," said Kendrick.
He concluded, 'These bus drivers
complain about it, but when it
comes down to filling out the
forms, they don't want to take the
time and the heat to do that much
of it. If they want their cake,
they're gonna have to eat it, too."
*Board Member Willie Speed com-
plained that he was not afforded
travel expenses to the meeting of
the Florida Association of School
Administrators (FASA). He noted
that he was a board member of
FASA and said that his expenses
should be paid to attend such
meetings. 'The board's approving
all these others. Why don't they
approve my going down there?I
What about Willie Speed?" Chair-
person Kendrick replied, "Now
you're a school board member
and not a district administrator."
When Mr. Speed restated that he
was a board member of FASA,
Kendrick concluded, "so take of-
fice if you want to go."

Soon after arriving, she became a
part of the Carrabelle Artists As-
sociation and relished the com-
panionship she gets from the
Several other of her underwater
paintings can be seen in the lobby
of the Carrabelle Branch of the
Apalachicola State Bank.




Barbara Yonclas, ASID


Pre-Construction Planning
Space Planning
Interior Finishes
Furniture Specifications
Window Treatments Art Accessories

140-D 1st Street West
St. George Island, FL 32328
Phone: 927-2229
Fax: 927-3495


announces the opening of his


140-D 1st Street West
St. George Island, FL 32328
Phone: 927-2229
Fax: 927-3495



*Initially, Mr. Yonclas will be here
Monday and Fridays. By the end of
the year, he will he here full-time.

School Board Reviews New

Rules and Standards for

Franklin County Students

The Franklin County School
Board addressed many of the new
rules and standards confronting
local students during a June 26
special meeting.
Director of Curriculum Rose
McCoy informed board members
that, in accordance with the Pu-
pil Progression Plan, graduation
standards and other grade re-
quirements would gradually
change in the upcoming years for
Franklin County students.
The freshmen class of 1996-97.
said McCoy, will be required to
maintain a grade point average
(G.P.A.) of 2.0 in order to gradu-
ate. All students will be required
to meet such graduation stan-
dards in order to participate in the
school's graduation ceremony. In
addition, McCoy noted that all
students for the 1996-97 school
year will be required to maintain
a 1.6 G.P.A. in order to partici-
pate in extracurricular activities;
the G.P.A. requirement to partici-
pate in such activities will be in-
creased to 1.8 in the 1997-98
school year and will plateau at 2.0
for the 1998-99 school year.
A host of new rules were also
added to the Code of Conduct
manual for 1996-97. Some of
those new rules include:
Authority of the Principal: The
principal or principal's designee
shall consider the recommenda-
tion for discipline made by a
teacher, other member of the in-
structional staff or a bus driver
when making a decision regard-
ing a student referral for disci-
Excerpt from Authority of
School Bus Driver: The school
bus driver shall have the author-
ity to control students during the
time students are on the school
bus, but shall not have such au-
thority when students are wait-
ing at the bus stop or when stu-
dents are en route to or from the
school bus stop except when the
bus is present at the bus stop.
Pupils Subject to Control of
School: Nothing shall prohibit a
district school board from having
the right to expel or to take disci-
plinary action against a student
who is found to have committed
an offense on school property at
any time if (a) the student is found
to have committed a delinquent
act which would be a felony if
committed by an adult (b) the stu-
dent has had adjudication with-
held for a delinquent act, if com-
mitted by an adult, would be a
felonl- or (c) the student has been
l'.uund guilty of a felony.
1 ( -'

Drug and Alcohol Use by Stu-
dents: After the third offense, the
school board may discipline or
expel a student who possessed or
used an illegal substance even if
a waiver condition is met.
Student Discrimination and
Grievance Procedure:
(a) Level One-A student with a
grievance shall initially present it
to the school principal or desig-
nee who shall assist the student
in completing the appropriate Dis-
trict form. The principal or desig-
nee shall inform the affected per-
son of the charge and shall inves-
tigate the complaint. The school
principal shall render a written
decision within five school days
after reviewing the written griev-
(b) Level Two-The student may
submit a written appeal of the
Level One decision to the super-
intendent or designee. The Level
Two appeal shall be filed in writ-
ing on the appropriate District
form within ten school days after
receiving the principal's decision
and shall be accompanied by cop-
ies of the original written griev-
ance and all previous supporting
statements, evidence, and deci-
sions. The superintendent or des-
ignee shall evaluate the evidence
within ten school days after re-
ceiving the appeal.
(c) Level Three-The student may
submit a written appeal of the
Level Two decision to the school
board. Such written appeal shall
be filed with the school board
within ten school days after re-
ceipt of superintendent's or
designee's decision and a copy
shall be directed to the superin-
tendent. The school board shall
thereafter, and no later than thirty
days from the date the appeal was
filed, hold a hearing on the mat-
ter. The school board's decision
in the matter shall be rendered
at the next regular school board
meeting after the hearings.
note: If the student is not satis-
fied with the school board's deci-
sion, he/she may appeal the case
to the court.
Suspension: Parent notification
procedures must be followed. The
principal is responsible for par-
ent notification. In-school suspen-
sion is authorized by the school
Serious Infractions: A law en-
forcement officer may issue a ci-
tation to any student who smokes
in, on, or within 1,000 feet of
school property between 6 a.m.
and midnight or during school-
sponsored activities.'

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*Mayor Bobby Howell clarified
that the City of Apalachicola was
justified to have state inmates
work at the home of a previously
departed resident (Margaret Key)..
He said that state inmates moved
items from the home that were
deeded over to the county by the
said resident. "Mr. (John) Lee
came with his camera and filed a
formal protest with the prison,"
said Howell. He said that repre-
sentatives from the prison in-
formed him that the City of Apa-
lachicola was permitted to use the
inmates in such a manner. Howell
also said that the city's insurance
company also verified that the
City of Apalachicola was within
its' rights to have the inmates
work at the said property. He
pointed out that the deeded items
would be sold and that the pro-
ceeds would be retained by the
City of Apalachicola.
City Attorney J. Patrick Floyd con-
curred, in accordance with
Florida Statute 732.514, that the
City of Apalachicola was justified
to use state inmates in such a
manner. Floyd said that, when the
testator died, the deeded items
became the property of the City
of Apalachicola.
*At the recommendation of the
Department of Corrections, the
board unanimously agreed to dis-
miss city employees Dana Walker
and Tony Davis, who worked with
state inmates. "I hate to see any-
body lose their job," noted Com-
missioner Frye. He later noted, "If
they've had their certificate
pulled, then we do not have a
place for them. I look at it like this,
if I need a job and I want a job
that's hard to come by ... I'm
gonna do what's expected of me
in order to keep my certificate."



Expulsion: The Franklin County
School Board had the authority
as a school board to honor the
Final Order of expulsion or dis-
missal of a student by any in-state
or out-of-state public or private
school or developmental research
school for an act which would
have been grounds for expulsion
according to the district's Code of
Removal By Teacher: A teacher
may send a student to the
principal's office to maintain ef-
fective discipline in the classroom.
The principal shall respond by
employing appropriate discipline-
management techniques.
Major Offenses: Any student who
has committed an assault or bat-
tery on school personnel shall be
expelled and placed in an alter-
native school setting for a mini-
mum of one year.
Placement Review Committee:
Each school shall establish a
committee to determine place-
ment of a student when a teacher
withholds consent to the return
of a student to the teacher's class.
Committee membership must in-
clude at least the following: (1)
Two teachers selected by the
school's faculty and (2) one mem-
ber from the school's staff who is
selected by the principal. Note:
The teacher who withheld consent
to readmitting the student may
not serve on the committee.



*Mr. Rex Partington informed
planning and zoning board mem-
bers that his proposed plan to
refurbish the Dixie Theatre had
been temporarily slowed down
due to financial difficulties. He
told board members that he
wanted to begin work on the
project before Labor Day [Septem-
ber 2). At the request of board
member George Wood, Mr.
Partington agreed to report back
to the planning & zoning board
to "restate the situation" if work
had not begun by September 2.
*Board member Wesley Chesnut
informed board members that he
would address the downtown
parking problems at the regular
monthly meeting in August.

Apalachicola City From page 1
planning and zoning board mem-
bers were described as lay people.
"When we appointed all these
people on this board, we had the
confidence that they could do the
job," said Frye, "This printout says
something about them making
stupid mistakes. I don't think they
make stupid mistakes. They put
a lot of time and a lot of effort into
what they do and I don't think
they should be cut down like
that." Mayor Bobby Howell re-
plied, "The newspaper controls
the newspaper and we control the
city." Frye concluded, "To me, it's
like downgrading them. I don't go
along with that, because they do
us a great job."
Editor's Note: The Franklin
Chronicle did not state that
the planning and zoning
board made stupid mistakes.
It quoted from planning and
zoning board member Wesley
Chesnut who stated .that,
when the planning and zon-
ing board did "obviously stu-
pid things," the city commis-
sion should intervene on
those matters. In reference
to the quoted passage, the
Chronicle did reverse the
words "we" and "when" in the
article. The quotation should
have read, "When we do ob-
viously stupid things, please
stop us."

Page 8 12 July 1996 The Franklin Chronicle


Published every other Friday

services in the case of rape
The Hospital has 90 days of the
Final Order adopting this stipu-
lation to conduct in-service train-
ing as necessary to educate staff
and physicians as to their require-
ments. Instruction that the
Hospital's obligation of "emer-
gency services and care" must be
met in cases involving complaints
of sexual assault, regardless of
whether it appears that the pa-
tient does not have an "emergency
medical condition" as defined in
Florida law, and regardless of
whether it may be determined
that the patient was not sexually
assaulted. The instruction shall
include that it is the Hospital's
obligation to arrange for the ren-
dering of appropriate medical at-
tention and treatment of victims
of sexual assault with gynecologi-
cal, psychological and medical


services as needed by the victim,
and administration of medical
exams, tests and analyses re-
quired by law enforcement per-
sonnel in gathering of evidence.
The Hospital is also required to
establish a written policy within
90 days of the Final Order adopt-
ing this stipulation providing for
the examination, evaluation and
treatment of patients presented as
sexual assault victims at the Hos-
pital. The physician involved in
the incident dated May 28, 1995.
is to be advised by Emerald Coast
that similar incidents of sexual
assault shall be handled at the
hospital. Once in compliance with
the training, Emerald Coast is to
advise the Agency of completion.
The stipulation forming the basis
of the coming Final Order was
signed June 13, 1996.

RC # 95-0026

I. ."' P.O. BOX 385
'"'' APALACHICOLA, FL 32329-0385
f (904) 653-8899
: ......FAX (904) 653-9656

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Lic. #ER0010221 Lic. # RA 0060122
*Electrical .Heating &A/C *Refrigeration *Insured
John Summerhill 697-3103
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Lic. # 94-0193


the Chronicle Bookshop

Mail Order Service *
2309 Old Bainbridge Road

Tallahassee, FL 32303

Self-portrait and
views, of Washlngton
from tRoolevelt to Clinton

(69) New. Herblock: A
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Herbert Block. An autobiog-
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spanned the era from
Roosevelt to Clinton. He
coined the word
"McCarthyism" and de-
scribes that time of fear. He
also writes engagingly
about personal incidents
and meetings with public
figures. He is the only liv-
ing cartoonist whose work
is in the National Gallery of
Art. He has been a political
cartoonist for the Washing-
ton Post for 47 years, and
his syndicated work ap-
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tions. 200 illustrations.
372pp. Published by
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(10) New. The Encyclopedia
Of Career Choices For The
1990s. Nearly three inches
thick, this tome is an up-to-
date guide to the most ex-
citing career opportunities
available. An indispensable
resource for today's job
hunter. Sold nationally for
$19.95. Bookshop price:
$12.95. Paperback.

Indian Traders
of the Southeastern
Spanish Borderlands

Panron, Lcslic 6, Compmrny
John Forbes &" Company, i7S;3-147

Iby William S. Coker and
Thomas D. Watson. Here is
truly the first rate history
of the Panton, Leslie and
Company and John Forbes
and Co. (1783-1847), the
"Sears and Roebuck" on the
Florida and southeast fron-
tier. Based on historical
records and papers of these
early trading companies in
the heart of northern
Florida. No other work is
definitive in describing the
pre-territorial history of
northern Florida prior to
! 1820, including areas later
Called Apalachicola, St.
Marks, etc. To this day.
those as far north as Talla-
hassee have abstracts to
their homes beginning with
the famous Forbes charter.
Now you can own the rich
and detailed history of
those homesteads! Sold na-
tionally for $50. Bookshop
= $26.95. 428. pp.

.. -..tosts-. -n

the Gulf

Saint George Island & Apalachicola
from Early Exploration
to \borld War II

J._ ..

(21) New. University Of
Florida Press. William
Roger's History, Outposts
On The Gulf: St. George Is-
land And Apalachicola
From Early Exploration To
World War II. Sold region-
ally for $30 or more. Avail-
able from the Chronicle
Bookshop for $25.00. Hard-

(75) New. Roget A to Z.
The definitive thesaurus of
synonyms in dictionary
form. More than 300,000
up-to-date words. Pub-
lished by Harper, 763 pp.
Sold nationally for $10.00.
Bookshop price $6.95. Pa-

(34) New. The Red Hills of
Florida, 1528-1865. By
Clifton Paisley. "A superior,
very superior, example of lo-
cal or regional history...The
research is especially
strong; it is exhaustive, solid
and first rate" (Gilbert C.
Fite, University of Georgia).
A history of Leon County,
and neighboring counties
Gadsden, Jackson,
Jefferson and Madison. Uni-
versity of Alabama Press.
290 pp. Sold regionally for
$34. 0. Chronicle bookshop
price: $18.95. Paperback.

(13) New., The Entre-
preneur's Manual. Busi-
ness Start-ups, Spin-offs;
Innovative management.
Uncovering lucrative mar-
kets and products, attract-
ing co-founders and key em-
ployees to your team, stock
distribution, approaching
venture capital groups,
money leveraging, accom-
plishing market penetration,
etc. Sold nationally for
$21.50. Bookshop price:
$12.00. Hardcover.

Now is the time to
subscribe to the
The Chronicl is published every other Friday.
Mailed subscriptions within Franklin County
are $16.96 including taxes for one year, or 26
issues. The out-of county rate is 522.26 in-
cluding taxes. All issues mailed in protective
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Please send this form to: ,ost office Box 59(
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.lnaI'kIi PaIufrt 7'./


(53) New. Picture History,
American Painting 1770-
1930. Edited by William
Ayres. Rizzoli, New York in
association with Fraunces
Tavern Museum, New York.
In twelve profusely illus-
trated chapters, scholars re-
view the masterpieces of
American history painting to
show how public opinion,
governmental patronage
and imaginative artistry
combined to record events
and shape how we interpret
history. Sold nationally for
more than $40. Chronicle
Bookshop,price = $29.00.
256pp. Large format (9.75 x
12.50 inches). Hardcover.

AM SPOCK. The long-
awaited autobiography of
Leonard Nimoy is now avail-
able through the Chronicle
Bookshop. Mr. Nimoy opens
up to his fans in ways the
Vulcan never could. He gives
the reader his unique per-
spectives on the Star Trek
phenomenon, his relation-
ships with costars and in
particular, the creation of
the pointed-eared alien that
the author knows best.'Pub-
lished by Hyperion, sold na-
tionally for $24.95.
Bookshop price = $19.95.
A fascimile and reprint of an
1875 "sales book" designed
to lure visitors to Florida
with a special introduction
designed to place the work
in perspective. Maps also
added. 141 pp. with nearly
35 additional pages of ad-
vertising in the motif of the
era. Reprinted by University
of Florida Press. Sold na-
tionally for $18.00.
Bookshop price = $11.95.

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(1) New. How To Get More
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sold by TAB Books at $7.95
Improve your gas mileage by
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(3) New. New Webster's
Crossword Puzzle Dictio-
nary. Sold nationally for
$5.95. Bookshop price:
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(54) New. The 1996 Florida
Almanac by Del and Marty
Marth. Swanee River Press:
Branford, Florida, 1996.
Sold nationally for $14.50.
Available from the Chronicle
Bookshop at $11.50. 508pp.

(22) New. University Of Ala-
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Middlin':The Antebellium
Cotton Trade Of The Apa-
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through the Chronicle
Bookshop at $21.00. Hard-

(60) New. Sarah Morgan:
The Civil War Diary Of A
Southern Woman. Edited
by Charles East. "Sarah
Morgan's diary is not only a
valuable historical docu-
ment. It is also a fascinat-
ing story of people, places
and events told by a wonder-
fully talented writer," says
the Christian Science Moni-
tor. Now published in its
entirety for the first time,
Sarah Morgan's classic ac-
count brings the Civil War
and the Old South to life
with all the freshness and
immediacy of great litera-
ture. "Refreshing-a real-life
Scarlett O'Hara," says the
Greenwood, S. C. Index-
Journal. Sold nationally for
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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
may be temporarily out of stock, in which case a second shipment
will 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
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Hospital Fined From page 1

I SE M *n t A %Xmv wW c m

a I I



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