Title: Franklin chronicle
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00089928/00046
 Material Information
Title: Franklin chronicle
Physical Description: Newspaper
Language: English
Publisher: Russell Roberts
Publication Date: September 20, 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: VID00046
Source Institution: Florida State University
Holding Location: Florida State University
Rights Management: All rights reserved by the source institution and holding location.

Full Text



...page 1

The Published Every Other Friday


Volume 5, Number 19 A LOCALLY OWNED NEWSPAPER September 20 October 4, 1996

County Tables Site Plan

Approval For Proposed

RV Park on the Point

The Franklin County Commission
tabled site plan approval of a pro-
posed RV Park on Alligator Point
for a second time during a Sep-
tember 17 Public Hearing. The
board agreed to further review the
matter to ensure that the
property's zoning was correct.
Those opposing the proposed park
contended that the property in
question (lot 46) was erroneously
zoned by the planning office in
1992. The Franklin County Com-
mission adopted a map of the
noted county-wide zoning on Sep-
tember 15, 1992. Those support-
ing the RV Park argued that the
property in question was pur-
chased in good faith with the as-
surance that it was zoned com-
County Planner Alan Pierce in-
formed board members that, if
they found the zoning maps to be
correct, then they needed to then
approve the site plan for the pro-
posed project. However, he said
that tpe board could change the
S oztning map 'if they found 'fhe'
property to be zoned erroneously.
Mr. Pierce told board members
that he believed the zoning map
to be correct. "I don't have any
documentation about what it
should have been zoned," noted
Pierce, "this is what it is zoned."
He continued, "the issue is not
rezoning so much. The issue is
whether the board is gonna ap-
prove the site plan."
Attorney Jan Hevier- argued on
behalf of the Alligator Point
homeowners. He pointed out that
the property in question (lot 46)
was deeded by John Phipps to
William Gidden in 1957 and was
only intended for residential pur-
poses. In 1981, Hevier stated that
the county established a zoning
map for the county. However, he
noted that the property in ques-
tion was not addressed in the ef-
fort. "Now, later on, the county re-
did the zoning maps," said Hevier,
"and as a result of that, some ar-
eas of the county are changed."
He argued that the contested
property was intended to be resi-
dential. 'This particular area was
not a area where a change of zon-
ing was intended," said Hevier. He
said that the intention of the 1986
zoning was to "carry the existing
zoning forward." He said that an
assumption was made at that
time that the area was commer-
cial, because no one knew the
existing zoning of the property.
Attorney Hevier conceded that
surrounding lots 48A, 49A and
50A were deeded from Mr. Phipps
in 1957 to Mathilde Turpin as
commercially zoned lots. He
pointed out that, on the noted
deed, the word "residential" was
crossed out and the word "com-
mercial" was printed above in the
grantee covenants section. "The
only lots that I can find that were
deeded out by Mr. Phipps are
these three lots that he designated
for commercial use only," said
Hevier, "everything else was resi-
Mr. Pierce admitted that he did
not research the ownership of lots
when he created the updated zon-
ing map. He said that, in 1992,
he reviewed the land surround-
ing the Pride of the Point Marina
and included lot 46 as commer-
cially zoned land. "We didn't check
private covenants," noted Pierce,
"we were trying to do the entire
county. We had an immense
County Attorney Al Shuler ex-
plained that the board was not
responsible for enforcing private
covenants. "It's up to the affected
parties to bring a suit to do that,"
said Shuler. He continued, "what
we do is enforce our zoning
codes...and we have never and we
should not undertake to enforce
private covenants." He felt that
the county was "stuck" with the
present zoning map. Shuler
stated, however, that the county

did have the authority to rezone
the property if so desired. Shuler
warned the board that, if they did
change the zoning of lot 46, the
county may have to pay damages
for property right infringements.
Alligator Point Resident Bunky
Atkinson said that lots 46 & 47,
according to the county tax as-
sessor, were taxed as single-fam-
ily residences. 'This is your record
out of the court house," said
Atkinson. She pointed out that
the contiguous lots located across
the street from the Pride of the
Point Marina were zoned residen-
Tom Vanderplaats, President of
the Alligator Point Taxpayers As-
sociation, said that neither the
homeowners nor the county were
certain as to the zoning of the con-
tested property. "One of my ques-
tions is," said Vanderplaats, "if
somebody makes a typographical
error, do we have to stick with it.
To me, it's not fair to the commu-
nity. We should correct errors and
. ppt it back the way it's supposed
to be as everything indicates." He
pointed out that, contrary to all
other records, the updated zon-
ing map was the only record indi-
cating that lot 46 was commer-
cially zoned.
David Apodaca, President of the
Pride of the Point Marina, pointed
out that the county- approved
zoning map clearly indicated that
the property in question was
zoned C-3. "If the county had not
the right to zone the property C-
3," asked Apodaca, "then should
the Marina be held responsible?"
He continued, "Clearly there is no
evidence to show that the county
acted outside of good faith, duty
and its' rights." Apodaca ex-
plained to board members that he
had invested 1.2 million dollars
in property that he, in good faith,
had been assured was zoned com-
mercially. He expressed concern
that his property rights were in
danger of being violated and en-
couraged board members to re-
view the matter closely.
Mr. Apodaca noted that, in regard
to the assessed tax amount of his
property, his property was taxed
nearly $15,000, while the Alliga-
tor Point Campground was taxed
less than $3,000. Mr. Apodaca
said that the two properties were
similar in size. He also noted that
he paid an additional $10,000 to
the State of Florida for a sub-
merged land lease.
Apodaca informed board mem-
bers that the Franklin County
Planning and Zoning Commission
previously approved the commer-
cial review of his project in June
of 1996. He noted that the board
thoroughly reviewed water, criti-
cal shoreline and septic issues
and still approved the project,
Apodaca further stated that he
had already received a permit
from the Department of HRS for
the 14 space RV Park.
Lee Schwuchow, an Associate of
Mr. Apodaca's, informed board
members that counties through-
out Florida did not normally re-
view restrictive covenants when
considering zoning. "If you do
want to consider the deeds and
restrictive covenants," explained
Schwuchow, "according to the
American Ability Record Act, all
restrictive covenants are auto-
matically removed and are null
and void after 30 years. There are
no restrictive covenants on all of
those seven lots." He pointed out
that the covenants would only be
binding if they were re-declared
in subsequent deeds. He noted
that the covenants had not been
re-declared. He said that, in 1995
and 1996, an issued title policy
indicated that the property con-
tained no restrictive covenants.
Mr. Schwuchow stated that the
contested property was listed as
vacant, and not residential, by the
Continued from page 2

s--: ~

Surfside Beach Club at

Alligator Point Burns

Franklin County Sheriff Warren Roddenberry announced Thursday,
September 18,, 1996 that the Surfside Beach Club (formerly known
as the Point Lounge) on Alligator Point, Florida has burnt to the ground.
At 5:19 a.m. on September 18th, the Franklin County Sheriffs Office
and Alligator Point Volunteer Firefighters were dispatched to the
Surfside Beach Club. Officers and firefighters arrived on the scene to
find it engulfed in flames. The lounge was totally destroyed.
State Fire Marshalls are currently investigating the cause of the fire.
Details are sketchy at this time, but the Fire Marshalls hope to have
information released by the first t,,Fnext week.

Bevis May

Sell Lease

with Port
m I a 0


3. A modification to allow an in-
crease of the property's capacity
to include 45 wetslips and a 330
dry storage ("dryslip") facility, con-
struction of a boat ramp and
travel lift facility, installation of a
fuel dock and fuel storage facil-

*i ty 4. A modification which provides
t. that, if the Assignee has been ad-
vised of additional submerged
-- lands in order to obtain approval
for the installation of 97 overall
wetslips, the application of addi-
tional submerged lands will be
recommended and actively sup-
ported in good faith by the land-

Tommy Bevis
Tommy Bevis announced at the
September 14 Carrabelle Port and
Airport Authority meeting that
he had been approached by a pro-
spective buery, Mike Hopkins,
who has expressed an interest in
purchasing the lease agreement
between the board and he. Mr.
Hopkins represents a limited li-
ability company in Florida. Mr.
Bevis said that Port Authority
Chairperson Donald Wood, Board
Attorney J. Ben Watkins and he
had met with Mr. Hopkins and his
attorney on more than one occa-
sion to discuss the matter.
Bevis noted that, if Hopkins pur-
chased the lease, he would re-
quest several items from the
board. However, Bevis noted that
Hopkins would also negotiation
the lease agreement.
'The biggest difference is that he
is willing to amend the existing
lease that I have or make what-
ever changes are necessary,.
noted Bevis. Those requested
items of Mr. Hopkins include:
1. A modification of the Sublease
requirement so that eight, rather
than twelve, individuals be em-
ployed full-time at the property for
three years from the date of clos-
ing; twelve employees would be
required only after the expiration
of the three year period.
2. A modification to allow as-
signee, as Subtenant, to exercise
at closing the existing option for
the 2.5 additional acres (without
requirement of rental to be paid
for the first three years of the
terms) and the said additional
acreage be demised under the
identical terms of the Sublease,
as amended in conformity.

5. A modification which provides
that the landlords would recom-
mend and support in good faith
the tenant's application to modify
the Development Order to allow
an increase in the dry storage ca-
pacity to a 660 dryslip facility and
to grant the tenant the option to
extend the leases for an additional
27 years.
6. A modification which provides
that, should the Assignee (as ten-
ant) be in full compliance with the
proposed Amended Sublease and
demonstrate adequate financial
ability as determined by the
tenant's commercial lender to
perform as developer and opera-
tor of Phases II and III of the site
plan, then the assignee shall be
afforded the first right or refusal
to develop, operate or lease the
7. The stipulation that if the as-
signor and landlord file in Frank-
lin County Circuit Court, the
landlord will seek to cancel the
sublease and the assignor will file
a counterclaim seeking damages
for breach of the sublease. This
will provide at a minimum:
(I) Immediately upon the closing
of the transaction contemplated
by this agreement that the as-
signor and assignee shall dismiss
with prejudice all counts of the
suit and counterclaim
(II) The sublease shall be deemed
to be valid and in full force and
effect without default. (III) The
assignee shall be acknowledged to
be a tenant in good standing un-
der the sublease; and (IV) the
landlords) shall, upon closing of
the transaction contemplated by
this agreement, accede to the
above listed requirements.
Mr. Bevis suggest the board and
he put their claims against each
other "on hold" while they consid-
ered such a negotiation. The
board neither discussed nor took
action on Mr. Bevis' suggestion.

m~ru~u 'The

Net Ban Amendment Held

Unconstitutional By

Wakulla County Judge
Wakulla County Judge Jill C. Walker found Article X, Section 16 of
the Florida Constitution, commonly known as the "Net Ban Amend-
ment," unconstitutional because it failed to clearly identify the zone
S that restricts certain nets to 500 square feet. The ruling by Judge
Walker is the first successful constitutional challenge to the amend-
A ment.
The Amendment was passed by voter initiative on November 8, 1994,
and became effective July 1, 1995. The amendment prohibits certain
fiets which exceed 500 square feet three miles seaward of the coast-
line along the Gulf of Mexico.
Florida shrimper James Conner was arrested over four miles off the
coast of the Gulf of Mexico on April 22, 1996 by the Florida Marine
Patrol. Conner was arrested because the Marine Patrol measured his
distance offshore from another coastline. Conner's catch, worth
$4,100, was seized upon his arrest.
Ronald A. Mowrey, Conner's attorney, argued that Conner thought
he was complying with the law becausehe ewas shrimping over four
miles offshore. In dismissing Conner's case, Judge Walker stated,
"Criminal laws must clearly inform citizens of the limits on appropri-
ate behavior. Laws which leave a question as to whether certain be-
havior is legal fail as void for vagueness..." because they violate the
defendant's constitutional right of due process.
Judge Walker also denied the State's request to present experts to
interpret the language of the amendment for the Court. "Experts in
the field of technical surveying will not be available to law enforce-
ment and fishermen in the performance of their daily activities," ac-
cording to Judge Walker. "The problem is the amendment is written
so poorly that nobody cantellwhere to enforce it," according to Mowrey.
'Ten different people will give you 10 different opinions. The law says
you have a right to read the law and know without question whether
your conduct is illegal."
Judge Walker also struck a rule adopted by the Marine Fisheries Com-
mission which attempted to clarify the amendment because it en-
larged the area of enforcement from three miles to the equivalent of
3.45 miles from the coastline.
James Leon Conner, Defendant, was charged with a viola-
tion of Art. X, S. 16 (b)(2), Fla. Const., for allegedly fishing
with a net containing more than 500 square feet of mesh
area in near shore and inshore Florida waters. Defendant
challenges the charging section as unconstitutionally vague
in that it does not adequately apprise a defendant of the pro-
scribed conduct and invites arbitrary enforcement Addition-
ally, the Defendant asserts the Marine Fisheries Commis-
sion (MFC) exceeded its rule making authority by materially
altering the plain meaning of the word "miles" in the amend-
ment to "nautical miles" in the implementing provisions of
46 Fla. Admin. Code 31 0035 (3)(b). The Court having re-
viewed the evidence, law and arguments of counsel, and hav-
ing been fully advised in the premises, it is hereby,
-ORDERED AND ADJUDGED that Defendant's Motion to
Dismiss is GRANTED. In so ruling, the Court makes the fol-
lowing findings of fact and conclusions of law:
The official Opinion stated, in part:

I. Procedural History
The Defendant presented oral argument on the Motion to Dis-
miss with supporting evidence (depositions, nautical charts, cor-
respondence, and memorandum of law) on June 25, 1996. The
State responded during oral argument without supporting evi-
dence or legal citation. Therefore, this Court ordered sua sponte
that the State have an additional ten days to present supplemen-
tary authority with leave to the Defendant for an additional five
days thereafter to respond. The State filed no response by July 5,
1996 nor was any request for an extension of time received. Nev-
ertheless, the State responded on July 9, 1996 by providing fed-
eral citation. The Defense followed on July 12, 1996 with a Mo-
tion to Strike and Response to State's Supplemental Filing of
Authority. On July 17, 1996, the State responded to the Motion
to Strike and incredibly, without leave of court, filed additional
authority on the original motion! Defense counsel indicated by
phone call to myjudicial assistant that a written objection would
be forthcoming, but no further pleadings to date have been filed.
Although granting the Defendant's Motion to Strike would be an
appropriate response to the flagrant violation of the Court's order
by the State, it is repugnant to the Court to rule on such an
important issue without a full and thorough review of the all the
law, evidence and argument. Furthermore, it is manifestly unfair
to any party to be prejudiced on the issues due to the neglect and
failure of their counsel to adequately prepare and conform to court
orders. Therefore, the Court is considering all supplementary
authority filed by the State after the deadline, and will address
the State's violation of its order by separate proceeding. Further,
the Court does not look favorably on the State's request to re-
open oral argument in order to better present their case. The
State has an obligation to be adequately prepared for all court
hearings n a timely manner. Accordingly, this Court addresses
the issue in the case at bar on the merits based on the entire
record. It is hereby,
ORDERED AND ADJUDGED that the Defendant's Motion to Strike
is DENIED and the State's Request For Enlargement of Time to
File Supplementary Authority. is DENIED.
In section (c)(4) of the amendment, "near shore and inshore Florida
waters" are defined as "all Florida waters inside a line three miles
seaward of the coastline along the Gulf of Mexico". The MFC,
pursuant to its rule making authority, promulgated Rule
4631.0035 (3)(b) redefining near shore and inshore Florida wa-
ters as "all Florida waters inside a line three nautical miles sea-
ward of the coastline along the Gulf of Mexico" (emphasis sup-
plied). A nautical mile is 1.15 miles and three nautical miles are
3.45 miles so the MFC's modification creates a greater area in
which fishermen are prohibited from using nets exceeding 500
square feet of mesh area Defendant Conner was arrested 3/10
ths of a nautical mile inside the Three Nautical Mile Line. Disput-
ing the proper interpretation of the word miles places the arrest
Continued from page 6

ST^IK' ^ "^ [y


Paaqn 2 9 2f inqfmhei 1996; The Fralnklin Chroniclp


Published every other Friday



Notes from the September
17 Franklin County Com-
mission meeting
*The board unanimously agreed
to award a bid of $37, 730 to the
Friends of the Franklin County
Public Library which will be used
to fund the Franklin County Adult
Reading Program.
*Emerald Coast Hospital Admin-
istrator Kenneth Dykes appeared
before the board with an update
report of the hospital. He informed
board members that he planned
to leave Emerald Coast Hospital
at the end of September after two
and one-half years of service at
the facility. "Some of things that
have happened have been very
good and progressive," Dykes of-
fered, "and I guess other things
we've taken a step forward and a
step back...and still reaching, I
hope, brightly for a better future."

Kenneth Dykes
Mr. Dykes described his work at
the local hospital as a "labor of
love." He noted, "I think the hos-
pital is certainly in better shape
today than it has been in the last
two and a half years." He com-
mended the staff members at
Emerald Coast Hospital for their
diligent work during difficult
times. "They've served sometimes
getting delayed paychecks and
sometimes having to make do
with situations that have been
challenging," said Dykes. He con-
tinued, "I don't think you'll find a
small hospital anywhere in the
country that does a better job
right now than Emerald Coast."
Dykes said that he still hoped to
assist the local hospital in srrme
capacity. "Mr. (Hu) Steely and I are
working on an arrangement that
might allow me to do some con-
sulting with him in the future,"
said Dykes. "In any case," he con-
tinued, "this is my home and I
came here to build good health
care and I'd like to think that I
made a contribution to it."
:The board previously had re-
quested that Mr. Dykes appear
beforee the commission to address
.an inventory concern at Emerald
Coast Hospital. Commissioner
Edward Tolliver complained dur-
ing an August 20 board meeting
that Emerald Coast Hospital had
moved a county-owned operating
table to Gulf Pines Hospital. Mr.
Dykes noted that the operating
table had been returned to Em-
erald Coast Hospital.
The board later agreed to draft a
Resolution of Appreciation to Mr.
Dykes for his service at the hos-
pital. Commissioner Jimmy
.Mosconis noted, "He (Dykes) has
done an outstanding job at the
hospital. I think he's gonna be
*SHARE (Self-Help and Resource
Exchange) Field Representative
Susie Dodson appeared before the
board to inform them of the
SHARE Program. She told com-
missioners that the program had
obtained a Host Site at the Car-
rabelle United Methodist Church.
Dodson encouraged board mem-
bers to look for other Host Sites
throughout the county. She in-
formed commissioners that the
program was available to all resi-
dents. "If you eat," Dodson said,
"ybu qualify." The SHARE Pro-
gram, it was noted, would be of
great assistance to those suffer-
ing financially from the net ban.
*Janice Hicks with the Franklin
County Public Health Unit re-
quested that the county provide
help with site preparation for a
proposed health department
building to be located in Carra-
belle. Ms. Hicks explained that the
HRS Office of Construction and

Design was unable to accept any
of the recent bids to construct the
new facility. The project, she
noted, would again be advertised
for new bids.
Hicks informed board members
that the lowest offer in the bid
award process was for $433,000.
She said that the county health
unit only had $500,000 to spend
on the construction project. "Now,
you've got to remember that I also
have to completely furnish that
building with all the medical
equipment that is necessary to
run a health department and all
of the computer equipment,"
Hicks stated. She said that, if the
county provided fill dirt for the
noted site, bids for the advertised
construction project may not be
as high as they were during the
previous bid process.
County Engineer Joe Hamilton
stated that Gene Langston had
offered to provide fill dirt to the
county free of charge. However, he
noted that the county would have
to load & haul the fill dirt from
Langston's property in Liberty
County to the proposed site in
Carrabelle. Mr. Hamilton said that
the county would also have to re-
move roots from the donated fill
dirt and spread it out upon the
proposed site. In order to haul the
dirt, Hamilton said that a tempo-
rary entrance would have to be
installed at Langston's property.
Ms. Hicks pointed out that, if the
county provided such labor, it
would save the local health unit
approximately $32,000.
Mr. Hamilton estimated that it
would take the county between 20
and 30 days to complete the re-
quested work project. He said
that, if the county attempted to
complete the work all at once, it
would essentially shut the Road
Department down. He :said that
the department only had few
trucks that could be used to haul
the dirt. Ms. Hicks noted that the
contractor would charge a delay
fee to the county health unit if the
dirt was not hauled to the site in
a timely manner. She informed
board members that the contrac-
tor would need the fill dirt by the
time he began compacting of the
The board unanimously agreed to
contact Mr. Langston to deter-
mine how the county could access
the donated dirt and possibly pro-
ceed with the project. The board
directed Superintendent of Pub-
lic Works Crum to measure the
county's sand pit in order to de-
termine how much fill dirt will be
needed for the proposed site in
Carrabelle. The board also re-
quested that Mr. Crum report
back in two weeks with a progress
*The board voted 3-2 to advertise
a heavy equipment operator's po-
sition at;the Road Department.
The starting pay for the roted
position will be $9 per hour.
Chairperson Dink Braxton stated
that, during a.previous budget
meeting, the board had agreed to
set the starting salaries for county
employees at $13, 200 per year.
"I'm gonna tell you, I'm.not gonna
support nine dollars an hour af-
ter what we've just been through,"
said Braxton. Superintendent of
Public Works Prentice Crum ex-
plained that the county had paid
over ten dollars per hour to the
previous heavy equipment opera-
tor. He said that the Road Depart-
ment had enough money in its'
budget to pay such a salary. Brax-
ton returned, "I go by the policy
and procedure process by the
Braxton further noted that county
employees were required to re-
ceive certification to supervise in-
mates at the County Landfill; he
said they were also required to
have a high school diploma or
G.E.D. Certificate. Crum re-
sponded, "I don't feel like...at the
Road Department that it's always
necessary to have to have an em-
ployee with a high school educa-
tion." He said that experience was
more important to the Road De-
partment than formal education.
Chairperson Braxton disagreed,
with the superintendent's view on
formal education. He explained
that the board recently decided
against requiring county employ-
ees to complete travel forms, be-
cause some of them had com-
plained that they were too hard
to complete. "Times have
changed," said Braxton, "now I
think we need a qualified, edu-
cated person operating the equip-
ment who can fill out those
forms."' Chairperson Dink Brax-
ton and Commissioner Raymond
Williams voted against the deci-
sion the board's decision. Appli-
cants for the noted position at the
Road Department will be required
to have a Commercial Driver's Li-
cense and certification with the
Department of Corrections.

*The board agreed to table a zon-
ing request from Dr. Eglward
Saunders from R-1 to R- LA for a
proposed 24 acre development
project in Lanark Village. Dr.
Saunders stated that, in regard
to concerns of public access for
district residents, he had agreed
to donate two parcels of land to
the county. In exchange, he asked
that the county install and main-
tain a road and alleyway on the
donated property. Saunders said
that he would donated 30 feet of
land from Pine to Oak Street and
60 feet from Highway 98 to Florida
Commissioner Williams said that,
due to Florida Department of
Transportation regulations, the
county would be required to in-
stall a 70 x 30 right-of-way off of
Highway 98. "That's basically the
problem," said Williams, "and I
know that we don't have paving
funds for this."
County Attorney Al Shuler stated
that the First American Title Com-
pany might possibly offer to pave
an access road. The board di-
rected County Engineer Joe
Hamilton & Attorney Shuler to
obtain an cost estimate for the
paving project. The board agreed
to review the zoning change re-
quest from Dr. Saunders at the
October 1 Franklin County Com-
mission meeting at 10:45 a.m.
*The board agreed to apply to the
Division of Emergency Manage-
ment for a Hazard Mitigation
grant. The grant would provide
the county with funds to pave the
C.C. Land Road in Eastpoint.
*County Planner Alan Pierce an-
nounced that October 1 was des-
ignated as Tate's Hell State For-
est Awareness Day. He said that
a guided tour of the forest would
be offered to board members on
the said date at 1:00 p.m. at the
State Forest Headquarters in Car-
*The board directed County Plan-
ner Alan Pierce and County At-
torney Al Shuler to review a re-
quest from Vilcom owner Bob
Evans to allow commercial use of
a facility located on property
zoned for public utility.
*The board approved a request
from Jim Sullivan to construct a
1,200 square foot package liquor
store in front of Charlie's Lounge
in Eastpoint contingent upon the
receipt of a stormwater permit
from the Department of Environ-
mental Protection. Commissioner
Tolliver noted, "We need more li-
quor stores in town."
*The board agreed to offer a settle-
ment amount to the First Ameri-
can Title Company for $45,000 for
a previous clerical error that oc-
curred six years ago. He noted
that a document was incorrectly ,
indexed by a county employee.
The employee, said Shuler, no
longer worked for the county.
Board Attorney Al Shuler in-
formed the board that he had dis-
cussed a settlement amount of
$65,000 with the title company.
He worried that, if the company
viewed the board's offer as being
too low, they may choose not to
negotiate with the county any fur-
ther. "I think they're at the point
where, if we don't reach a settle-
ment, they're gonna see what the
court will give them," said Shuler.
He informed board members that
the title company had planned to
file a suit against the county for
$155,000. He encouraged the
board to at least increase the of-
fer to $55,000.
*The board voted 3-1 to direct the
board's attorney to file a defense
in response to a suit filed against
the county and Ben Johnson by
the Plantation Homeowners Asso-
ciation. Commissioner Edward
Tolliver insisted that the county
was wrong in their decision on
Resort Village and voted against
the motion.
*The board agreed to change the
public hearing meeting for the
Resort Village Project from Octo-
ber 1 to October 3 at 5:00 p.m. in
the county courthouse.

Early operators of Florida's wild-
life attractions discovered that the
alligator would successfully breed
and thrive in captivity. Today
more than 30 Florida farms raise
alligators from egg to adult. The
white meat has a fine,
light-grained texture that many
people compare to chicken and
pork, however, alligator has its
own unique flavor. Farm-raised
alligator is low in fat and calories
and high in protein. Alligator
should be handled like fish. It is
usually frozen and sold in
vacuum-packed packaging. If
stored frozen, alligator will stay
fresh for one year or longer.

Selling the Pearl of the Panhandle
SMy Specialty area is Carrabelle Lanark -
Carrabelle Beach St. Teresa St. James Eastpoint
Let me be your guide to finding your
R .., bck "perfect pearl" of a property.
F / Rene is back-relaxed, refreshed and ready to list
and sell your property. Take a look at this bargain.

Rene $10,000 REDUCTION 4 BR home on one acre. Has 3 stories. Lowest
level partly finished. Now only $84,900. A must see! Call Rene.

Topping RusTIC IN-TOWN GETAWAY. 1 or 2 BRs, new carpet. 1 LR and
Associate 1 BR. Needs some work on 2 full city lots. Only $32,500! Call
(the name says it all)
Office (904) 697-2181 Home (904) 697-2616 FAX (904) 697-3870

County tables from page 1
tax assessor. He pointed out that
the tax assessor was not respon-
sible for zoning determinations in
either case In regard to assess-
ment amounts, Schwuchow said
that there was no disparity be-
tween any of the seven lots owned
by the Pride of the Point Marina.
"If you would simply take the
amount of the taxation, which
was about $15,000 this year, and
divide that proportionately be-
tween the lots," argued
Schwuchow, "there is no dispar-
ity between either the assessment
and the amount of tax paid on any
of the lots. They're all paid simi-
St. George Island resident Tom
Adams stated that, in regard to
Schwuchow's assessment of re-
strictive covenants, the 1977 de-
velopment orders specifically pro-
vided that the county should en-
force such covenants. The restric-
tive covenants, he continued,
were to be treated as though they
were the property owners. "This
is another example," noted
Adams, "of the outrage and the
tyranny of wealth that comes in
and violates the integrity of a resi-
dential community." He con-
cluded, "Gentlemen, don't turn
your backs on the people who live
Mr. Schwuchow responded that
the deed to the lot did not have,
any restrictive covenants. "They
have expired for at least seven
years," concluded Schwuchow.
Attorney stated that private prop-
erty rights were at issue. He said
that the property owners had a
right to develop their property.
Shuler said that, if the board con-
tested the zoning of the property,
they would be required to adver-
tise a public hearing to rezone the
property. 'This would presumably
make the property less valuable,"
said Shuler, "which the courts
may well require us to pay that
difference." He advised the board
to review the site plan and to ad-
dress any possible concerns
within the plan. "And if you don't
find anything wrong with the site
plan," concluded Shuler, "my rec-
ommendation is that you approve


City Sets

Millage Rate

Apalachicola City Commissioner
reluctantly increased the millage
rate for citizens of that city to
8.71g4 mills per thousand dollars
on their ad valorem tax. Commis-
sioner Jack Frye said that "We
have not gone up on the millage
for four years." However it was
later verified that the millage did
in increase by I/2 mills last year.
The meeting was held to an al-
most empty city chamber as the
only attendees were two local, eld-
erly ladies and two members of
the local media.
Mayor Robert (Bobby) Howell ex-
plained the need for the additional
funds saying that the city has to
set aside money for payment of
attorneys needed to defend the
city in a law suit involving the city
sewer plant. The city is currently
being sued by city residents, Eric
and Wanda Teats. The mayor
added that if they did not raise
the extra money now it is possible
that they would have to borrow
and pay interest, too.
City Commissioner for Finance,
Wallace Hill said that he would
vote for the increase but felt that
there were other avenues the city
could take. Howell asked Hill what
he was referring to and the com-
missioner replied that the city
could sell off some of it's proper-
ties. This brought an retort from
the mayor who said that he would
never be in favor of selling prop-
erty that belonged to the people
under circumstances such as the
ones the city is facing.
In other business: Day McGee
appeared before the commission
to ask permission to put a 3 foot
picket fence on city property in
front of her business as part of a
beautification and restoration
project. She will plant a hedge and
the picket fence will be made in
the same style as the 6 foot fence
in the rear. She produced a pic-
ture of the property as it was in
1906. City commissioners ap-




I have not and will not run my campaign in a negative
manner. To respond to articles, letters, conversations, etc. of a
negative nature is not positive and constructive and therefore,
I or my family will not be a part of any smear tactics.

However, we do not, above all, want to dwell on the past-we
must look to the future for a new beginning for all of us. I
want to provide a new beginning for Franklin County.

My name is Bruce Varnes and I am very proud of my 22 year
law enforcement career. Anyone interested in talking with me
may telephone me at (904) 653-9668 or visit me at my home
in Apalachicola. If you would like for me to come to your
home to visit you, I will.

The Varnes' are lifelong residents of Franklin County.
Generations have been born and raised here so, believe me
when I say that I only have the people of Franklin County at

It is my pledge to serve you and your family as a man for
change-a positive change for our community! I need your
vote and support on October 1, 1996.






Thank You! Bruce Varnes

Paid Political Advertisement Paid for by the campaign account of Bruce Varnes, Democrat
Paid Political Advertisement Paid for by the campaign account of Bruce Varnes, Democrat

la~jr, u LU ouvpte~lloul L7" 'tl~r, JI i 11if111 %111I-

proved the idea but advised
McGee that she had to get the
variance from the City Planning
and Zoning Board.
Mayor Howell then asked for a
first reading of Ordinance 96-3
which calls for raising the price
of cemetery lots from the present
S35.00 for a four grave site to
$300 for a one grave site. Local
resident May Howell protested the
move saying, "$300 for one per-
son. That is ridiculous." She
added people who were on Social
Security would never be able to
pay that amount.
Howell explained that the prob-
lem lay in the fact that people had
in times past, bought what they
considered enough sites to bury
all of their near kin. Presently it
has "been found that bodies were
seldom sent back from other
places to be buried in Apalachi-
cola." He added that about 25 to
30 percent of the grave sites in
the old cemetery do not contain a
coffin. In the new cemetery 35 to
40 per cent are empty.
In the old cemetery there are only
7 sites still owned by the city and
in the new cemetery there are only
1,900 graves sites owned by the
city. City Commissioner Grady
Leavins said he had a site for four,
yet only he himself would be bur-
ied there.. At this point a spot of
humor was brought to the meet-
ing as small bid from Fryeas as
he, tongue in cheek, attempted to
buy one or more of Leavins sites.
Howell said that he could only see
it getting more and more difficult
to obtain cemetery land and then
it would become more costly. In
the end the commission approved
the first reading. The clerk an-
nounced that the second reading
will be a public hearing on Octo-
ber 8 at which meeting the com-
mission will take action. J. Patrick
requested and was granted, per-
mission for Florida Seafood Fes-
tival Committee to stake out the
area to be used for the camping
at the Festival, He said there will
be a hot air balloon and fireworks
and this will enable the commit-
tee to ensure safety.


Published every other Friday


The Franklin Chronicle 20 September 1996 Page 3

Editorial and Commenta

Plantation Board Jeopardizes

Integrity by Failing to Fully

Disclose Facts
While the exchange of puzzled glances among the St. George Planta-
tion (POA) Board members on the question of who voted how on the
latest round of litigation (POA versus Franklin County and Dr. Ben
Johnson) seemed to have comic overtones, when it was revealed that
no vote was initially taken on that matter, the misleading statements
by President Hartley became more serious.
The Board was failing to make full disclosure to their constituents,
the membership at the Annual Meeting of Homeowners of the St.
George Plantation. Add the contradictions between POA Operations
Manger Jeff Richards and Treasurer Richard Plessinger on whether
any draws were made against the Gulf State loan, the matter has
become more serious. The fact that the Board has not allowed the
membership to review proposed litigations, as promised by candidate
Hartley (1995), Amato and Plessinger in their campaign leaflet, calls
into sharp question whether the membership can believe anything
coming from the Board.
The calls from the Board to "get on the Board", or attend "opera-
tional" meetings is a shallow response. "Getting on the Board" re-
quires running a campaign at specified intervals when elections are
held, and this could take as long as three years. If there is an ap-
pointment for an opening created by a resignation one has to be will-
ing to tow the "party line" in order to be favored by the Board, an
unlikely event with this Board.
Simply telling the dissident members, who are tired of litigation and
the escalating costs, to "get on the Board" is a simplistic way of ignor-
ing important complaints, and is likely to further polarize factions in
the ranks. An intelligent response would be to listen and act on com-
plaints instead of throwing up more barriers. Add to this the problem
of failing to fully disclose facts is more fuel to the fire of distrust. This
might lead to a recall action or worse. A case could be made for the
failure of exercising fiscal responsibility by failing to stop excessive
legal expenditures in the face of minimal results. A wise man knows
when to cut his losses.
Tom W. Hoffer



By Tiffany Shiver
Being a teen aide at the library
has opened my senses on enjoy-
ing the things in our earth that
are important. Kris and I have
recently gone to the Eastpoint
landfill and experienced the
truths on recycling. We rode the
Croom's transportation and
watched a film on recycling and
how important it can be. We were
amazed at the machines they use
and strategies that were applied.
We also got a chance to meet other
teens as well. We are currently
working on a coastal clean-up
program at Cat Point, Carrabelle
Beach and Battery Park ofApala-
chicola. The thing I've learned
while working at the Eastpoint
Library is that you can't just turn
your back on the environment
and think it's not there. You need
to do something fast or it will not
be there.

Note: The following article
is the first in a series ofcol-
umns to be published in the
Franklin Chronicle, written
by the youth of Franklin
County. The writers are
members of the Franklin
County Public Library's
WINGS program, involved
in an environmental grant
project known as
The purpose of this series
is to raise awareness in our
community about the im-
portance of listening to
young people's ideas, espe-
cially regarding issues of
the environment.
Kris Haletrom, TEENSPEAK
UNPLUGGED Coordinator
Tiffany Shiver is an Eastpoint
native and student at Apalachi-
cola High School. She is currently
employed at Teen Aide for

Medical Equipment Assists Lanark Fire Department

.aIBBj jIN


Fire Chief Bud Evans (L) with Asst. Fire Chief Gary Mallios (R)

The Lanark Village-St. James Volunteer Fire Department and First
Responders Unit recently received two semi-automatic defibrillators
to provide life saving support to heart attack victims. The defibrillator
reads and analyzes the vital signs of a patient and then provides a
shock to those heart patients in such need. Those individuals with
the Lanark Village-St. James Volunteer Fire Department who have
training to use the defibrillator include Fire Chief Bud Evans, Assis-
tant Fire Chief Gary Mallios and department volunteers Scott Babbitt
and Lisa Litton.

Poster Contest
CONCERT FLORIDA, AND COMPANY, a non-profit touring perform-
ing arts concert series, is proud to announce a poster contest for
artists of all styles. First, second and third place winning artist's work
will be considered for use on Concert Florida, and Company, posters,
T-shirts and more. Concert Florida, and Company, is a state-wide
professional touring concert series designed to bring cultural events
to rural, small population areas of the state, while showcasing Florida
talent to the entertainment industry.
Contest Rules:
Poster Art should reflect a theme of Florida and the performing arts,
(music, dance, etc.). Artworks should not be too busy in certain areas
to allow for lettering at a later time. Size should be less than 36 inches
square. Any rigid material may be used. Note: if paper is used it should
be matted on a rigid surface for display to judges. All genre from
contemporary to folk are welcome. Artists name should not appear
on artwork for judging purposes. Please place artist's name, address,
and phone on reverse of artwork. All artwork becomes the property of
Concert Florida, and Company, for use in promotion or fundraising
activities. All postage and handling costs are the responsibility of the
Deadline for Entry:
Artwork must be posted no later than October 12, 1996 for entry.
Judging of artworks will take place Saturday, October 19, 1996, at
the Gibson Inn banquet facility in Apalachicola, Florida. No cancella-
tions accepted.
Entry Fee:
The is a $25.00 entry fee for the first entry of artwork, and a $15.00
entry fee for each additional artworks by the same artist.
Prize Offers:
Concert Florida, and Company, will award the following prizes:
First Place $100.00 plus a certificate
Second Place $75.00 plus a certificate
Third Place $50.00 plus a certificate
Five artists will be awarded certificates of honorable mention.
All artists who enter will receive a complimentary Concert Florida,
and Company Gold Card, which will allow free entry to any Concert
Florida, and Company, function for a period of one year (a $50.00
Please make check or money order payable to Concert Florida, and
Company. For further information, or to enter:
Concert Florida, and Company Poster Art Contest
Chaz Mikell, Director
P.O. Box 771
Carrabelle, FL 32323-0771

~. ,-

Environmental Group Opposes
Proposed Sewer Plant for Resort

* Florida PIRG_
420 But CLU Strot, Tlllhauoo. FL 3230)
Public Interest Resource Group
September 2, 1996

Buford Braxton
County Commlssloner
Franklin County Commission
Magnolia Bluff
Eastpolnt, Fl 32328
Dear: Commissioner Braxton

This letter is to Inform you and your fellow commissioners that our
organization, representing 30,000 Plorldians Including many In Leon, Wakulla and
Franklin County, are opposed to Intense development and a sewer plant In any area
which would threaten the Integrity of Apalachicola Bay, Including the proposed sewer
plant on St. George Island In the Nick's hole area of ApalacLhcola Bay.
Our organization is totally committed to the protection of all waters, and our
concern, though now focused on opposition to offshore drilling In the Gulf, also
Includes the protection of Important shell fisheries and other "Outstanding Florda
Our research has shown that one of the largest contributors to water pollution
and estuarine ecosyst mn degradation Is the proliferation of sewer treatment facilities
and pollution caused by the Increase In storm water run-off that coincides with large
scale development. In fact, our research has documented In just one year 1,824
beach closings and/ or advisories In Florida mostly caused by malfunctioning sewer
systems and polluted runoff.
St. George Island and Apalachlcola Bay are state treasures. We should not
allow any development or activities that would contribute to both their
environmental and economic decline. As an organization devoted to the protection
of our natural resources, we fully support the public opposition to this potentially'
disastrous development.

Mark Feirulo
Coastal Issues Director

Luau for Literacy

904-385-4003 (TALLAHASSEE)
ot' Facsimile 904-385-0830

Vol. 5, No. 19

September 20, 1996

Publisher ............................ .................... Tom W Hoffer
Editor and Manager ................. Brian Goercke
Contributors ............................................. Rene Topping
............. Tom Markin
Computer Systems,
Advertising Design,
and Production ........................................ Diane S. Beauvais
........... Jacob Coble
............ Crystal Hardy
............ Christian Liljestrand
Production Assistant ................................ Jesse Charbneau
Circulation ............................................... Scott Bozem an
........... Larry Kienzle

Citizen's Advisory Group
George Chapel ......................................... Apalachicola
Sandra Lee Johnson ................................. Apalachicola
Grace and Carlton Wathen ..................... Carrabelle
Rene Topping .......................................... Carrabelle
Pat H ow ell .............................................. C arrabelle
Pat M orrison ......................................... 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
For current subscribers, back issues of the Chronicle are
available free, in single copies, if in stock, and a fee for
postage and handling. For example an 8 page issue would
cost $1.75 postpaid. To others back issues are priced at 350
each plus postage and handling. Please write directly to the
Chronicle for price quotes if you seek several different or
similar issues. If a single issue, merely add 350 to the price
quote above. In-county subscriptions are $16.96 including
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.

Limited Time Only
As Low As

$499 on Singlewides

$999 on Doublewides

2737 W. Tennessee Street
Tallahassee, Florida
Toll Free (800) 918-9663

Hurricane Storm Panels

ool Enclosures
S* Screen Porches
S* Vinyl Lattice
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Where Quality Counts
Licensed & Insured

Gulf County 904-227-3628

Betty and Alan Roberts hold up their "Goldilocks" quilt which
will be raffled off at the Luau for Literacy Event.

The Literacy Volunteers of America (LVA) will be holding its annual
fund-raising event on Saturday, September 28, at 5:00 p.m. at the
Eastpoint Fire Station.
Our theme this year is Hawaiian...So please, enter your favorite
dish in the competition.
Categories are: 1. Main Dish, 2. Side Dish/Salad, 3. Dessert
Entries must be in by 5:00 p.m. Judging will begin at 5:30 p.m. and
dinner will begin at 6:00. First, second, and third places will be
awarded in each category. This is a great opportunity to show off
your culinary skills, while giving much needed support to your Li-
Entertainment will be provided by Nancy Redig's Dance Group, "The
Hawaiian Luau Dancers." Sponsored by Wilderness Coast Public Li-
braries, and Franklin County Public Libraries.
Great door prizes will be given away throughout the afternoon. By the
way, Garfield will be taking a rest this year, but continue to look for
his appearance again in the coming year.
Tickets may be purchased from LVA volunteers, or at the following
Alma Pugh 653-2784 Holy Family Center in Apalachicola.
Bonnie Segree 670-8151 Eastpoint Branch; Franklin County
Public Library
Jackie Gay 697-2366 Carrabelle Branch; Franklin County
Public Library
Betty Roberts 697-3506 Lanark Village
Tickets are $5.00 for Adults and $3.00 for children.
We will also be selling raffle tickets for a beautiful quilt, made and
donated by Betty Roberts. Raffle tickets will be sold until the Seafood
Festival. The quilt is a full size pink quilt with Goldilocks and the
Three Bears. Tickets will be $1.00 each or 6 for $5.00.
Looking forward to seeing you all at the Luau for an afternoon of
great fun and entertainment. We greatly appreciate your support in
these events.


Messina-Day House, II Fourth Street, Apalachicola, Florida 32320
Trade discount to qualified contractors



PaPe 4 20 September 1996 The Franklin Chronicle


Published every other Friday

Second Circuit Felony


The Honorable Judge William Gary
Assistant State Attorney Frank Williams
Assistant Public Defender Kevin Steiger
September 9, 1996
George Stephen Branch: Charged with one count of Alligator Poach-
ing, the defendant pleaded Not Guilty to the charge. Judge Gary con-
tinued the case for case management on October 14. The defendant
was represented Assistant Public Defender Kevin Steiger.
According to the probable cause report, Officer Greg Morris was dis-
patched to Old Ferry Dock Landing on August 9 in response to nui-
sance complaints. Morris noted that, at approximately 1:30 a.m., he
noticed a light that shone from a boat. He reported that the light was
shone in such a manner as to disclose alligators. Morris further noted
that the light was in the complaint area. He reported that, as he ob-
served the vessel, he heard shots fired from the lighted area at 1:15
a.m. At 2:00 a.m., Morris reported that he contacted Deputy Mike
Moore with the Franklin County Sheriffs Department.
At approximately 2:40 a.m., Morris reported that the vessel had ar-
rive to the landing. He stated that the vessel's operator was George
Stephen Branch. Other occupants reported on board includedd Will-
iam Gil Tucker and Gadson Wendell Segree. Upon searching the ves-
sel, Morris reported that he recovered a SKS rifle and a cooler. He
noted that, within the cooler, the parts of two alligators were discov-
ered which included tail and leg sections. The defendant, noted Morris,
claimed to have no part in the incident. Mr. Segree allegedly claimed
to own the gun and lights, while Tucker allegedly claimed the seized
Christopher Keith Brannon: Charged with one count of Driving with
a Suspended License, the defendant failed to appear for his court
appointment. Judge Gary issued a capias for the arrest of the defen-
dant for failing to appear at his court appointment.
Horace Jefferson Brown: Charged with three counts of Lewd and
Lascivious Assault, the defendant pleaded No Contest to one count of
Lewd and Lascivious Assault. Judge Gary adjudicated the defendant
Guilty and sentenced him to six months in the Franklin County Jail
with credit for 27 days of time served. Judge Gary also fined the de-
fendant $255 and sentenced him to 18 months of probation. As a
condition of probation, the defendant will be prohibited from making
unsupervised contact with all minors under the age of 18. The defen-
dant was represented by Assistant Public Defender Kevin Steiger.
The defendant was accused of lewd and lascivious assault on August
11 upon three girls who were 9, 10 and 11 years of age. According to
the probable cause report, Carrabelle resident Evelyn Brown con-
tacted the sheriffs department on August 13 after learning of the
alleged assault upon the children. Ms. Brown reportedly baby-sits
the three girls involved in the matter. Ms. Brown allegedly ordered
the defendant, her brother-in-law, to leave her home in one hour
after learning of his alleged actions. The defendant reportedly refused
to leave the home. During the investigation, Lt. J.C. Turner reported
that the defendant admitted that he was intoxicated on August 11;
he allegedly noted that he could have accidentally touched two of the
children in their private areas during his period of contact with-them.
However, the defendant reportedly denied touching any of the chil-
dren intentionally in a sexual manner.
Gary Wayne Clifford: Charged with one count of Burglary of a Struc-
ture and Criminal Mischief, the defendant pleaded Not Guilty to the
charges. Judge Gary continued the case for case management on
October 14. The defendant was represented by Attorney George W.
Blow, III.
According to the probable cause report, the defendant and Karen
Marcionette gained entrance to the Air Tec facility located in Apala-
chicola with a key and took two computers and a telephone from the
facility. Ms. Marcionette and her husband Ken, who have reportedly
been separated for several months, own the facility. While no dam-
age was made to the exterior, entrance door of the facility, approxi-
mately $200 worth of damage was made to an interior door that se-
cured the equipment. Both the defendant and Ms. Marcionette alleg-
edly admitted during an interview with Lt. J.C. Turner that they kicked
and pushed the interior door. The defendant, however, admitted that
he had broken the door open with a final kick. The defendant and Ms.
Marcionette were allegedly found in possession of the two computers.
Ms. Marcionette allegedly claimed that she owned the computers and,
therefore, was not doing anything wrong. The defendant and Ms.
Marcionette were arrested on August 13.
Frank Garcia, Jr.: Charged with one count of Dealing in Stolen Prop-
erty, the defendant pleaded Not Guilty to the charge. Judge Gary
continued the case for case management on October 14. The defen-
dant was represented by Attorney J. Gordon Shuler.
Clifford E. Jones, Jr.: Charged with one count of Aggravated Fleeing
and Attempting to Elude a Police Officer and Driving with a Sus-
pended License, the defendant pleaded Not Guilty to the charges.
Judge Gary continued the case for case management on October 14.
The defendant was represented by Assistant Public Defender Kevin
According to the probable cause report, Trooper H.S. Cambell ob-
served a grey Escort that was traveling along State Road 300 with a
cracked front windshield. Trooper Cambell alleged that he then acti-
vated his emergency lights and siren. The defendant allegedly began
to drive his Escort faster and eventually turned down Trailer Park
Road in Eastpoint. Trooper Cambell noted that the vehicle eventually
stopped. Cambell reported that the defendant began to run from the
vehicle even though he had allegedly been warned to stop. Cambell
noted that he requested back-up assistance in the matter. Shortly
thereafter, the Franklin County Sheriffs Office contacted Cambell

City Zoning

The following items were acted
upon at the Apalachicola Planning
and Zoning Commission on Sep-
tember 9:
*The board approved a building
permit request from Wallace Con-
struction for Lot 6, Block 26 on
the corner of 7th Street and Av-
enue B to construct an 8' x 10'
gable stoop over the existing
*The board approved a building
permit request from Mark Rogers
and Ben Watkins to construct a
14' x 24' addition and to enclose
the existing roof on the corner of
Avenue C and Water Street.
*The board approved a building
permit request from Jesse
Sintikakis for Lots 3 & 4, Block
85 on 12th Street to construct a
utility room.
*The board was unable to approve
a building permit request from
Hillary Brigham for Lots 8, 9 and
10, Block 77 on Avenue E (the Old
Pink Camellia Building) to cover
the building's deck and also add
two hotel rooms on an existing
slab. The board noted that the
building was zoned C-2 and
stated that a special exception
was needed to grant the request.
*The board approved a building
permit request from Andrew
Johnson for Lot 1, Block 155 on
Avenue L to construct a 16' x 24'
storage shed.
*The board was unable to approve
a building permit request from
Dan Garlick for Lots 3, 4 and 5,
Block 1 on Avenue D to construct
a garage apartment in an exist-
ing building. The board noted that

the building was zoned C-1 and
stated that a special exception
was needed in order to grant the


and informed him that the defendant was in the custody of Captain
Jeff Vonier. Trooper Camrbell reportedly met with Vonier and posi-
tively identified the defendant as the individual who had fled from his
authority. The defendant was found to be driving with a suspended
Robert Charles Lattimore: Charged with one count of Resisting Ar-
rest With Violence, Trespassing, Criminal Mischief and Sale of a Con-
trolled Substance, the defendant pleaded No Contest as charged. Judge
Gary adjudicated the defendant Guilty and sentenced him to 18
months of probation. As a condition of probation, the defendant will
be required to complete 25 hours of community service. Judge Gary
also ordered the defendant to pay $250 for court costs. The defen-
dant was represented by Assistant Public Defender Kevin Steiger.
Karen J. Marcionette: Charged with one count of Burglary of a Struc-
ture and Criminal Mischief, the defendant pleaded Not Guilty to the
charges. Judge Gary continued the case for case management on
October 14. The defendant was represented by Attorney George W.
Blow, III.
Charles D. Newberry: Charged with two counts of Burglary of a Struc-
ture and Criminal Mischief, the defendant pleaded Not Guilty to the
charges. Judge Gary continued the case for case management on
October 14. The defendant was represented by Assistant Public De-
fender Kevin Steiger.
According to the probable cause report, St. George Island resident
Fred Green was alerted to an alleged burglary by the sound of break-
ing glass on August 14 at 3:00 a.m. Upon investigating the matter,
Mr. Green reportedly noticed two individuals with flashlights exiting
the residence of Harry Mixon on West Gorrie Drive carrying items to
their vehicle. Mr. Green reportedly confronted the individuals in or-
der to obtain their identity. One of the subjects allegedly responded
inaudibly to Green's request for identity. As the subjects left the resi-
dence, Green reportedly followed the individuals. Mr. Green alleged
that he chased the subjects around St. George Island. He further
noted that, as he followed the subjects across a bridge leading to
Eastpoint, one of the subjects allegedly began to throw several items,
one which included a television, at him.
Mr. Green reported that he followed the individuals to Carrabelle. At
that point, Green alleged that the subjects entered a driveway. Mr.
Green noted that he then went to obtain assistance from a law en-
forcement officer. He returned to the subjects' vehicle with Deputy
Leonard Martin and positively identified the defendant and William
Danford as the two individuals he had observed at the Mixon
Upon investigation of the matter, several items were recovered from
the bridge leading from St. George Island to Eastpoint. It was further
noted that damage to windows and doors of Mr. Mixon and another
neighbor were discovered. According to the probable cause report,
Mr. Mixon and neighbor Ms. Tucker both reported stolen items from
their residences.
William L. Danford: Charged with two counts of Burglary of a Dwell-
ing, the defendant pleaded Not Guilty to the charges. Judge Gary
continued the case for case management on October 14. The defen-
dant was represented by Public Defender Kevin Steiger.
William Jason Pemberton: Charged with one count of Aggravated
Fleeing and Attempting to Elude a Police Officer, Driving Under the
Influence, Willful and Wanton Reckless Driving and Driving without
a Motor Vehicle Registration, the defendant pleaded No Contest to
the charges of Fleeing and Attempting to Elude a Police Officer and
Willful and Wanton Reckless Driving. Judge Gary adjudicated the
defendant Guilty and sentenced him to six months of probation. Judge
Gary also ordered the defendant to pay $500 in court costs. The de-
fendant was represented by Assistant Public Defender Kevin Steiger.
According to the probable cause report, the defendant was observed
by Deputy Michael Moore on July 28 driving an all-terrain vehicle
(A.T.V.) at the intersection of Washington and Old Ferry Road in East-
point. Deputy Moore reported that the defendant had previously been
warned at the Eastpoint Post Office against driving the A.T.V. on the
hard surface of the road. Moore reported that, when the defendant
noticed him, he accelerated his A.T.V. to a speed in excess of 60 m.p.h.
and headed in the direction of Avenue A on Old Ferry Road. Moore
noted that he activated his emergency lights and siren.
The defendant then allegedly turned right onto Gilbert Street and left
onto a small, dirt road which was not wide enough for Deputy Moore's
patrol vehicle. Moore reported that he then, in turn, deactivated his
siren in order to discern the direction in which the operator was driv-
ing. Moore noted that there was no sound of the A.T.V. engine. He
reportedly determined that the defendant had stopped near a wooded
area and was waiting for the officer to discontinue the search.
Moore reported that he walked down the dirt road approximately 25
yards and observed the defendant walking towards his direction. The
defendant allegedly ran approximately ten feet from Deputy Moore
and stopped when he looked back and noticed that he was about to
be apprehended. Moore noted that the defendant smelled of alcohol,
had bloodshot eyes and spoke in a slurred manner. The defendant
allegedly refused to consent to a Breath Test. Moore characterized

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the defendant as "cocky, belligerent and un-cooperative-operative."
Moore concluded, "All of these characteristics are very common with
the persons that are under the influence of an alcoholic beverage."
William Riley: Charged with one count of Burglary of a Structure,
the defendant pleaded Not Guilty to the charge. Judge Gary contin-
ued the case for case management on October 14. The defendant was
represented by Assistant Public Defender Kevin Steiger.
Tyrone Russ: Charged with one count of Aggravated Assault with a
Deadly Weapon and Shooting into an Occupied Vehicle, the defen-
dant pleaded No Contest as charged to Aggravated Assault with a
Deadly Weapon. Judge Gary withheld adjudication and sentenced
the defendant to two years of probation. As a condition of probation,
the defendant will be prohibited from making contact with victims
April Turney and Nicole Hayward. Judge Gary also ordered the de-
fendant to pay $255 for court costs. The defendant was represented
by Assistant Public Defender Kevin Steiger.
According to the probable cause report, Wendy Turney and Nicole
Hayward reported that they were driving along Avenue K and First
Street on May 12 when the defendant fired three shots at their ve-
hicle. Officer Jerry Proctor observed one bullet hole in the passenger's
door and two holes behind the door in the back quarter panel.
Stephanie Lynn Scofield: Charged with one count of Burglary of a
Dwelling, the defendant pleaded Not Guilty to the charge. Judge Gary
continued the case for case management on October 14. The defen-
dant was represented by Assistant Public Defender Kevin Steiger.
Gadson Wendell Segree: Charged with one count of Alligator Poach-
ing, the defendant pleaded No Contest to the lesser charge of Posses-
sion of Alligator Skins. Judge Gary withheld adjudication and sen-
tenced the defendant to six months of county probation. Judge Gary
also ordered the defendant to donate $250 to Wildlife Alert and to pay
an additional $150 for court costs. The defendant was represented by
Attorney Douglas Gaidry.
Kenneth L. Sharp: Charged with one count of Resisting Arrest With
Violence and two counts Sale of a Controlled Substance, the defen-
dant pleaded No Contest to the charges of Resisting Arrest Without
Violence, Possession of Cocaine and Sale of Cocaine. Judge Gary ad-
judicated the defendant Guilty and sentenced him to 30 days in the
Franklin County Jail and to 24 months of probation. As a condition
of probation, the defendant will be required to complete 25 hours of
community service. Judge Gary also ordered the defendant to pay
$350 for investigative costs and $255 for court costs. The defendant
was represented by Attorney J. Gordon Shuler.
William Gil Tucker: Charged with one count of Alligator Poaching,
the defendant pleaded Not Guilty to the charge. Judge Gary contin-
ued the case for case management on October 14. The defendant was
represented by Assistant Public Defender Kevin Steiger.
Glenda Hatfield Millender: Charged with one count of Affray, the
defendant pleaded Not Guilty to the charge. Judge Gary continued
the case for case management on October 14. The defendant was
represented by Assistant Public Defender Kevin Steiger.
Carl W. Ard: Charged with one count of First Degree Arson, the de-
fendant pleaded Not Guilty to the charge. Judge Gary continued the
case for a pretrial on October 14. The defendant was represented by
Attorney James Richmond.
Dann Brown: Charged with one count of Escape, the defendant
pleaded Not Guilty to the charge. Judge Gary continued the case for
a trial on September 12. The defendant was represented by Attorney
Clyde M. Taylor..
Jesse L. Brown: Charged with one count of Aggravated Assault with
a Firearm, the defendant pleaded Not Guilty to the charge. Judge
Gary continued the case for case management on October 14. The
defendant was represented by Assistant Public Defender Kevin Steiger.
Patrick F. Bryant: Charged with one count of Aggravated Assault
with a Deadly Weapon, the defendant pleaded Not Guilty to the charge.
Judge Gary continued the case for case management on October 14.
The defendant was represented by Assistant Public Defender Kevin
Adolph Buzier, Jr.: Charged with one count of Lewd and Lascivious
Assault, the defendant pleaded No Contest to the lesser charge of
Aggravated Assault on September 12. The defendant was sentenced
to five months in the Franklin County Jail and 24 months of proba-
tion to follow the prison term. to the,charge. The defendant was rep-
resented by Assistant Public Defender Kevin Steiger.
SContinued from page 5

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quality education for our children.

Thanks also to my family and friends

and especially my husband, Mike.


Pd. Pol. Adv. from the campaign acct. of Connie Roehr

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Published every other Friday


The Franklin Chronicle 20 September 1996 Page 5

Mark Temple Watson: Charged with one count of Driving Under the
Influence Causing Serious Bodily Injury, the defendant pleaded Not
Guilty to the charge. Judge Gary continued the case for case man-
agement on October 14. The defendant was represented by Assistant
Public Defender Kevin Steiger.
Alvin E. Cummings: Charged with one count of Possession of Drug
Paraphernalia and two counts of Trafficking in Cocaine, the defen-
dant pleaded Not Guilty to the charges. Judge Gary continued the
case for a pretrial on October 14. The defendant was represented by
Assistant Public Defender Kevin Steiger.
Howard Lee Enfinger: Charged with one count of Burglary of an
Unoccupied Structure, the defendant pleaded Not Guilty to the charge.
Judge Gary continued the case for case management on October 14.
The defendant was represented by Assistant Public Defender Kevin
Lee Fichera: Charged with one count of Burglary of a Dwelling, the
defendant pleaded Not Guilty to the charge. Judge Gary continued
the case for case management on October 14. The defendant was
represented by Attorney Barbara Sanders.
Gregory Allen James: Charged with one count of Aggravated As-
sault with a Motor Vehicle, the defendant pleaded No Contest to the
lesser charge of Assault. Judge Gary withheld adjudication and sen-
tenced the defendant to six months of county probation. As a condi-
tion of probation, the defendant will be prohibited from making con-
tact with victims Terry & Tracy Walley. Judge Gary also ordered the
defendant to pay $150 for court costs. The defendant was represented
by Attorney Douglas Gaidry.
Carlos A. Morris: Charged with one count of Introducing Contra-
band to an Inmate, Escape, Resisting Arrest With Violence, Attempted
Sexual Battery Violation of Probation and two counts of Burglary of
a Dwelling, the defendant pleaded Not Guilty to the charges. On the
first three counts, Judge Gary continued the case for a trial on Sep-
tember 12. On the final counts, Judge Gary continued the case for a
pretrial on October 14. The defendant was represented by Assistant
Public Defender Kevin Steiger.
Jeremy Nowling: Charged with one count of Battery on a Law En-
forcement Officer and two counts of Resisting Arrest With Violence,
the defendant pleaded Not Guilty to the charges. Judge Gary contin-
ued the case for case management on October 14. The defendant was
represented by Assistant Public Defender Kevin Steiger.
Alan B. Ray: Charged with Violation of Probation and three counts of
Uttering a Forged Check, the defendant pleaded Not Guilty to the


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charges. Judge Gary continued the case for case management on
October 14. The defendant was represented by Attorney J. Gordon
Charles F. Tiller: Charged with one count of Falsely Impersonating a
Police Officer, the defendant pleaded Not Guilty to the charge. Judge
Gary continued the case for a pretrial on October 14. The defendant
was represented by Assistant Public Defender Kevin Steiger.
Maurice Williams: Charged with one count of Possession of Crack
Cocaine, the defendant pleaded Not Guilty to the charge. Judge Gary
continued the case for case management on October 14. The defen-
dant was represented by Assistant Public Defender Kevin Steiger.
Crystal Keith: Charged with one count of Grand Theft of a Motor
Vehicle, the defendant pleaded Not Guilty to the charge. Judge Gary
continued the case for case management on October 14. The defen-
dant was represented by Attorney Douglas Gaidry.
Bobby Clay Martin: Charged with one count of Sale of a Controlled
Substance, the defendant pleaded No Contest as charged. Judge Gary
withheld adjudication and sentenced the defendant to 18 months of
probation. Judge Gary also ordered the defendant to pay $200 to the
Narcotics Task Force and $255 for court costs. The defendant was
represented by Assistant Public Defender Kevin Steiger.

Fred Diestelhorst: Charged with VOP, the defendant entered a de-
nial to the charge of VOP. Judge Gary continued the case for a hear-
ing on October 14. The defendant was represented by Attorney James
C. Banks.
Rosemary Griffin: Charged with VOP, the defendant failed to appear
for her court appointment. Judge Gary issued a capias for the arrest
of the defendant for failure to appear at her court appointment.
David Stephen Mulkey: Charged with VOP, the defendant entered a
denial to the charge. Judge Gary continued the case for a hearing on
October 14. The defendant was represented by Assistant Public De-
fender Kevin Steiger.
James Martin Nations: Charged with VOP, the defendant entered a
denial to the charge. Judge Gary continued the case for a hearing on
October 14. The defendant was represented by Attorney Michael
Donald Page: Charged with VOP, the defendant entered a denial to
the charge. Judge Gary continued the case for a hearing on October
14. The defendant was represented by Assistant Public Defender Kevin
Herbert Braxton Tolliver: Charged with VOP, the defendant entered
a denial to the charge. Judge Gary continued the case for a hearing
on October 14. The defendant was represented by Assistant Public
Defender Kevin Steiger.
Dwayne Braswell: Charged with VOP, the defendant entered an ad-
mission to the charge. Judge Gary sentenced the defendant to 18
months of community control probation. The defendant was repre-
sented by Assistant Public Defender Kevin Steiger.



Down "Spot


Request for


The Franklin County Planning
and Zoning Commission turned
down a request to rezone prop-
erty owned by Dr. Rasoul Salman
and located on" Brownsville Road
from residential to commercial
zoning at their September 10
monthly meeting. .- ,
Greg Parmarter, Plan Operations
Supervisor for Gulf Pines Hospi-
tal, informed board members that
the hospital planned to use the
facility as a Laundromat. He ex-
plained that two 35 pound wash-
ing machines would be used at
the facility to clean linens from the
hospital. He further noted that, if
the board granted the zoning
change request, it would save the
hospital the expense of purchas-
ing another, facility to be used as
a Laundromat. He informed board
members that the hospital did
have other options if the zoning
request were denied. "It's just
such a huge difference to the hos-
pital financially," explained
Assistant County Planner Mark
Curenton said that the facility was
originally used as a church. He
said that the facility was later
used as a day care center. "And

someone, I believe, lived there at
the day care center and that was
allowed," noted Curenton, "be-
cause someone was living there."
Board member George Wood
stated that the planning and zon-
ing commission was reluctant to
allow "spot zoning" in the county.
"I think the neighbors would be
highly upset if we allowed this,"
noted Wood, "we've opposed spot
zoning in the past."
In other board business:
*The board unanimously ap-
proved a request from Jim
Sullivan to construct a 1,200
square foot drive-through pack-
age store next to Charlie's Lounge
in Eastpoint. The request was
approved contingent on the ap-
,proval of a stormwater manage-
ment plan. The new facility will
require six parking spaces, while
the, present facility requires 17
parking spaces. Mr. Sullivan
statedthat he planned to clear the
existing sign, banners and trees
from the lot and build a large,
drive-In package store. He said
that the parking area would be
paved and that Charlie's Lounge
would be converted into a filling
station. Sullivan told board mem-
bers that-the two facilities would
be connected with a breezeway.
Board member Ruth Schoelles
requested that Mr. Sullivan leave
a few trees on the lot in place.
Sullivan said that he would not
uproot some of the lot's oak trees.
*The board unanimously granted
a request from Alice Collins to
rezone 132.14 acres of land lo-
cated west of Yents Bayou from
A-2 (Agricultural) to R-3 (Single
Family Estates).

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contact your localforester or the Division of
Forestry at (904) 488-6000.

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Jury Brings in Guilty

Verdict for Carlos Morris

Carlos Morris (L) and Assistant Public Defender Kevin Steiger (R)
await verdict from the jury.

Ajury of seven deliberated for only
32 minutes at the September 12
trial of Carlos Artiz Morris in or-
der to return two guilty verdicts
for the charges of Introducing
Contraband to an Inmate and
Assistant State Attorney Frank
Williams encouraged jury mem-
bers to concentrate on the con-
sistency of evidence and to use
common sense in determining a
verdict for the defendant. The case
presented by Mr. Williams re-
volved around the testimony of
several law enforcement and cor-
rectional officers. Each witness
provided the prosecution with
small but significant pieces of evi-
dence that were used to build the
case against Mr. Morris.
Mr. Anthony "A.J." Smith, an in-
vestigator with the State Fire
Marshall's Office in Tallahassee,
provided the foundation of the
case. Mr. Smith stated that, on
April 22, he sat in the parking lot
of the Red Rabbit in Apalachico-
la; he noted that he was off-duty
at the time. Smith said that he
observed the defendant driving a
tan Pontiac with Mississippi li-
cense place about the parking lot
in a somewhat suspicious man-
ner. He said that the defendant
temporarily parked about ten feet
from his vehicle.
Mr. Smith further noted that he
particularly recalled that the de-
fendant was playing his music
loudly, that he had several gold
teeth and that he had a large nod-
ule behind one of his ears. He tes-
tified that, as the defendant drove
out of the parking lot to Highway
98, he tossed a plastic baggie out
of the passenger side of the win-
dow in the direction of a group of
inmates who were working on the
city's lawn. Smith said that one
of the inmates then kicked the
baggie under an idle lawnmower.
He said that he walked over to the
grounds maintenance supervisor
and informed him of the situation.
Officer Clay Clark with the Fran-
klin Work Camp said that he was
supervising approximately seven
inmates in Apalachicola on April
22. He said that he was walking
towards his van when the defen-
dant allegedly threw the contra-
band to the inmate. However,
Clark said that he previously ob-
served the defendant, who he
knew as "Famie", in the parking
lot. After being alerted by Mr.
Smith of the contraband situa-
tion, Officer Clark said that he
recovered the baggie and then
contacted his supervisor. In ad-
dition, Apalachicola Police Chief
Warren Faircloth was also alerted
of the situation. Officer Clark
noted that anything that was sup-
plied to an inmate without prior
approval was considered contra-
band. "It's all contraband," said
Chief Warren Faircloth stated that
he was fairly certain as to the
identity of the defendant when
contacted by Smith and Clark.
Faircloth said that Smith and he
went to the Southern Villa Apart-
ment Complex to search for the
defendant. The defendant, noted
Faircloth, was standing in front
of his apartment when he arrived
at the facility. Faircloth said that
the defendant voluntarily came
over and spoke with him. He
noted that he then contacted the
Franklin Work Camp to inform
the appropriate personnel that he
had detained a possible suspect
in the matter. Major Royce Pippin
and Officers Curtis Cook and Clay
Clark later arrived at the apart-
ment complex. Both Clark and
Smith identified the defendant as
the individual who had provided
contraband to one of the work
camp's inmates. Chief Faircloth
said that Mr. Smith and he in-
formed the defendant that he was
under arrest. Faircloth said that
the defendant broke free and ran
away as he grabbed the

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defendant's left arm and at-
tempted to apply handcuffs.
Assistant Public Defender Kevin
Steiger argued that none of the
law enforcement officers had dis-
played proper credentials prior to
detaining the defendant. He
pointed out that only Mr. Smith
testified to showing the defendant
his badge and credentials. How-
ever, Steiger argued that Smith's
testimony was not supported by
any of the other witnesses. Steiger
pointed out that Smith was wear-
ing shorts and a t-shirt. He fur-
ther noted that Chief Faircloth
was not wearing a uniform, nor
driving a marked vehicle. He fur-
ther noted that none of the indi-
viduals from the Franklin Work
Camp participated in the attempt
to detain the defendant.
Chief Faircloth insisted that the
defendant and most other resi-
dents understood that he was a
law enforcement officer. He said,
since the defendant and he were
familiar with each other, he did
not bother to identify himself nor
show his badge and credentials
to the defendant. Faircloth further
stated that the defendant typically
referred to him as "Chief."
Waiving his hands about and
speaking in an exaggerated tone,
Mr. Steiger mocked the explana-
tion provided by Chief Faircloth.
"I don't wear a uniform, I don't
drive a marked car and I don't
show my badge to people," de-
clared Steiger, "but everyone
knows me as Warren Faircloth,
the Chief of Police for the City of
Mr. Steiger also questioned the
testimony provided by Mr. Smith.
He questioned whether the defen-
dant could have thrown 3 or 4
grams of the bagged contraband
the length of.the car and all the
way onto the city's lawn. He fur-
ther questioned whether Smith
was able to identify the defendant
or just merely his vehicle. Steiger
pointed out that, according to tes-
timony provided by Chief
Faircloth, Mr. Smith was only
"pretty sure" that he had posi-
tively identified the defendant at
the apartment complex.
In questioning Officer Clark, Mr.
Steiger asked whether he had ob-
served the defendant after the
contraband incident but prior to
visiting the apartment complex
with his supervisors. Clark testi-
fied that he had seen the defen-
dant at a basketball court as he
returned to his work shift from a
lunch break.
Steiger told jury members that the
evidence in the case did not fit
together. "They want you to close
your eyes and click your heels and
hope that it will fit," noted Steiger.
He said that the prosecution
wanted the jury to believe that the
defendant was the "bad man" who
committed all of the charges
against him. He reminded jurors
that the defendant was innocent
unless proven guilty beyond a rea-
sonable doubt. "It's not kind of
guilty. It's not sort of guilty. It's
not close enough for government
guilty," stated Steiger.
Mr. Williams referred to the argu-
ment of his counterpart as
"Steiger's version" of the truth.
He said that Steiger's argument
that the defendant did not know
that he was being detained by law
enforcement officers was "humor-
ous." Mr. Williams declared that
the prosecution had proven its'
case against the defendant be-
yond a reasonable doubt. He ex-
plained that a reasonable doubt
was not a forced or imaginary
doubt. 'The presumption (of in-
nocence) no longer exists," said
Williams, "because he has been
proven guilty beyond a reasonable
Following the verdict, Assistant
State Attorney Frank Williams
credited the consistent testimony
and "outstanding" investigative
work by law enforcement officers
in successfully building a case
against the defendant.
Assistant Public Defender Kevin
Steiger later noted that the case
would be appealed. "I think there
were issues brought up in thejury
selection that may be grounds for
appeal," Steiger said.

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Page 6 20 September 1996 The Franklin Chronicle

"r -p-----,--


Published every other Friday

Net Ban Continued from Page 1

of the Defendant in a 4 zone. Accordingly, the IDrltri.l-.I. has the proper standing to bring
a constitutional vagueness challenge and dispute the exercise of
the MFC's actions.
This Court finds the MFC's modification of the term miles to read
nautical miles was an invalid exercise of its delegated authority.
This finding is supported by a review of references to miles/nau-
tical miles and their accepted usage in the Florida Constitution
and statutes, the rule of lenity that penal laws are to be strictly
construed in favor of the accused, and the prohibition placed on
administrative rule making to enlarge, modify or contravene the
provisions of a statute.
First, this Court examined the usage of the terms miles/nautical
miles in other passages in the Constitution and statutes. De-
scriptions of distances over the sea use both nautical and statute
miles. For instance, the term "approximately 9 nautical miles" is
used in a description of an area that is closed to shrimping in
S.370.15 Fla. Stat. By comparison, in S. 376 121, Fla. Stat., pol-
lutant discharges are under the jurisdiction of the Dept. of Natu-
ral Resources if they are in an area "extending seaward from the
coastline of the state to a point 1 statute mile seaward of the
coastline." On the other hand, distances over land use the term
nautical miles. In S. 330.30 (3)(b) Fla. Stat. the reference is to
"any public ultra light airport located within 5 nautical miles of
another public airport..." See 333.025, Fla. Stat. Over 200 times
the word miles appears in the statutes and the Constitution. Most
are without any qualifying adjectives and would appear to mean
a statute mile. Inasmuch as the reference to miles in the amend-
ment is without qualifiers, it should be construed to its plain and
simple meaning.
Second, the amendment section in dispute is a penal law that
carries criminal penalties. The amendment must be strictly con-
strued in favor of the person facing criminal penalties and any
doubt should be resolved in favor of the rights of the accused.
The term mile should be given its plain and ordinary meaning as
submitted to the voters when placed on the Nov. 1994 ballot for
voter approval or rejection. The inclusion of the term nautical
could have been incorporated and its absence is significant in a
strict construction analysis. Either the intention of the drafts-
men was to assume its plain and simple meaning, statute mile,
or its absence resulted from inertial drafting which should not be
held against the Defendant. Traditionally, criminal laws passed
in derogation of the common law can only be passed by the Leg-
islature and the legislative intent can be used to clear up any
ambiguities. If the legislative intent is in doubt, the rule of lenity
guides courts to resolve that doubt in favor of the accused. The
criminal law at hand was passed unconventionally by the politi-
cal power inherent in the people pursuant to Art. 1, S. 1, Fla.
Const. There is no legislative intent to be examined and it would
be an impossible and absurd supposition to interpret the collec-
tive minds of the voter majority. The law requires that such be
interpreted in favor of the Defendant The interpretation of the
term miles in its plain and simple meaning does not create an
absurd result.
Third, the MFC in modifying the constitutional reference to miles
to mean nautical miles in 46-31.0035 enlarged the area of en-
forcement from three miles to the equivalent of 3.45 miles (using
a statute mile application) from the coastline. An administrative
rule is an invalid exercise of delegated authority when it enlarges,
modifies or contravenes the provisions of a statute. State Dept. of
Business Regulation v. Salvation, 452 So2d 65 (Flat 1st DCA 1984).
Adding .45 miles to the linear calculation from the coastline re-
sults in a significant and substantial increase in the total square
miles of enforcement all along the Gulf Coast.
B. Defendant challenges the definition of "near shore and inshore
Florida waters" and the related definition of "coastline" as void
for vagueness and in violation of the Defendant's right to due
process. The amendment bans nets containing more than 500
square feet of mesh area in near shore and inshore Florida wa-
ters. Near shore and inshore Florida waters are defined as "all
Florida waters inside a line three miles seaward of the coastline
along the Gulf of Mexico and inside a line one mile seaward of the
coastline along the Atlantic Ocean, Art. X, S. 16(c)(5) (emphasis
supplied). Coastline is defined as the "territorial sea base line for
the State of Florida established pursuant to the laws of the United
States of America", Art X, S. 16(c)(3). The heart of the vagueness
argument rests on establishing where the territorial sea base line
lies, order to calculate the location of a line. No other reference
name, definition or manner of calculation exists in the amend-
ment to determine the location of a line. The Code of Federal
Regulation states:
Territorial sea baseline means the delimitation of the shoreward
extent of the territorial seas of the United States drawn in accor-
dance with principles, as recognized by the United States, of the
Convention on the Territorial Sea and the Contiguous Zone, 15
U.S.T. 1606. Charts depicting the territorial sea baseline are avail-
able for examination in accordance with s 1.105(b) of this chap-
33 C.F.R S. 2.05-10. Pursuant to 33 C.F.R 1.10- 5, which covers the
public availability of records and documents, the Defense requested
charts from the Commandant of the U.S. Coast Guard depicting the
territorial sea baseline. The response from Chief Warrant Officer Wil-
son states, "All nautical charts picture the territorial sea 'baseline' on
the chart, as a solid black line around the coastline." Officer Wilson
directs the Defendant to contact the Office of the Florida State Boat-
ing Law Administrator in Tallahassee for detailed information. The
letter also states that nautical charts depicting such are available
from most marinas. Nevertheless, and with assumed due diligence,
neither party was able to present to the Court a nautical chart that
identified a territorial sea base line:
Contrary to the Coast Guard's assertion, the State posits that the
territorial sea base line is marked on nautical charts as a dotted line
along the coast and islands based on the testimony of Lt. Louis Earl
Whaley, the arresting officer, whom states at deposition.
Q. So your testimony is this dotted line that I can see
around these islands out in the Apalachee Bay
A. Or anywhere. Anywhere.
Q. The dotted line, what is that called?
A. That's the territorial sea base line.
Q. Can you show me on the map where it identifies that
it's the territorial sea base line?
A. Well, I can't. You're just going to have to take my word
for it.
Lt. Whaley stated he was not aware of any publications or maps avail-
able to the public that identifies the territorial sea base line as the
dotted line. Interestingly, he arrested the Defendant not because of
any measurement from the territorial sea baseline or coastline but
rather because the Defendant was inside the Three Nautical Mile Line.
There is no reference 'in the amendment to the Three Nautical Mile
Line. The State postulates the three nautical mile line is the preemp-
tively correct location for a line. The state further submits the territo-
rial sea base line is the low water line. For supporting authority, the
State cites the definition for "baseline" as found in 33 C.F.R S.329. 12
Baseline defined: Generally, where the shore directly contacts
the open sea, the line on the shore reached by the ordinary low
tides comprises the baseline from which the distance of three
geographic miles is measured. The baseline has significance for
both domestic and international law and is subject to precise
definitions. Special problems arise when offshore rocks, islands
or other bodies exist, and the baseline may have to be drawn
seaward of such bodies.
Also cited as supporting authority by the State, the Convention on
the Territorial Sea and the Contiguous Zone defines the term "nor-
mal baseline":

Except where otherwise provided in these articles, the normal
baseline for measuring the breadth of the territorial sea is the
low water line along the coast marked on large scale charts offi-
cially recognized by the coastal State.
Part 1, Sec. 11, Art. 3, 15 U.S.T. 1608 (1958) The definition for "straight
baseline" also appears therein:
In localities where the coastline is deeply indented and cut into,
or if there is a fringe of islands along the coast in its immediate
vicinity, the method of straight baselines joining appropriate points
may be employed in drawing the baseline from which the breadth
of the territorial sea is measured.
Part 1, Sec. II, Art 4. In sum, there exist definitions for "baseline",
"normal baseline", and "straight baseline".
Chart No. 1 issued by the National Oceanic and Atmospheric Admin-
istration (NOAA) entitled Nautical Chart Symbols Abbreviations and

Terms (9th Ed., Jan. 1990) shows a solid heavy black line as the
symbol for a straight territorial sea base line. No other symbols ap-
pear for a normal baseline, a baseline, or a territorial sea baseline.
Interestingly, if the solid black line (the Coast Guard's assertion)
is accepted as the territorial sea base line as referenced in the
amendment, Defendant's response to the State's supplemental
filing of authority, dated July 12, 1996 (p.5) asserts the
undisputed facts showing the Defendant was more than three
nautical miles from the coastline as represented by the solid
black line.
State's position that fishermen are placed on notice from the amend-
ment that fishing with a net in excess of 500 square feet inside the
Three Nautical Mile is prohibited is not supported by the wording of
the amendment. First, the Three Nautical Mile Line is clearly marked
on nautical charts and has been a recognized and well known bound-
ary. The drafters of the amendment were presumably free to make
reference to and cite the Three Nautical Mile Line as the seaward line
in the Gulf of Mexico. The drafters failure to do so belies the State's
reliance thereon. Second, the Three Nautical Mile Line is a calculated
boundary which assumably uses nautical miles as measurement and
its use would be contrary to strict construction of the word miles (see
A. above). Third, there is no similar fixed line off the coast of the
Atlantic coast, i.e. a One Nautical Mile Line, to guide law enforcement
and fishermen.
Criminal laws must clearly inform citizens of the limits appropriate
behavior. Laws which leave a question as to whether certain behavior
is legal fail as void for vagueness. If the definition section of the amend-
ment does not place fishermen on notice of the boundaries of re-
stricted fishing areas, the State cannot clear up the confusion by
citing the Three Nautical Mile as clearly marked line on nautical charts
that should serve as the seaward boundary.

New Grant Awarded

to Public Library

t: ;
d P

or Kris Halstrom (L) with teen aide Tiffany Shiver (R).
Coordinator Kris Halstrom (L) with teen aide Tiffany Shiver (R).

By Kris Halstrom
The Franklin County Public Li-
brary was recently awarded a
grant called TEENSPEAK UN-
PLUGGED by the Florida Com-
mission on Community Service.
The focus of the new grant will be
to encourage expanded knowl-
edge of environmental issues for
the youth population. The Friends..
of the Franklin County Public Li-
brary, Inc. will serve as the fiscal
agent for the $9,000 grant.
allow the library's WINGS pro-
gram to continue its'4 newly
formed teen council. Tjie teen
council, which was formed last
spring, will be instrumental in
leading Franklin County towards
some much-needed attention to
environmental issues.
Through the leadership and ini-
tiative of the council, the young
people of the WINGS program will
have big plans for Franklin
County. Working with various
community groups and individu-
als in the County, the council will
tackle such issues as recycling,
beach cleanup and earth-
friendly organic gardening. The
council will be involved in writing
articles for publication in the lo-
cal newspapers. In addition, they
also plan to produce a short movie
to document their environmental
efforts; finally, the group plans to
meet and speak to various com-
munity groups. The council wil ll
also participate in arranging field
trips and guest speakers.
One of the ways the young people
hope to achieve their goals will be
to enlist the help of fellow resi-
dents who also have environmen-
tal concerns. The first project
planned will be a beach clean-up.
This statewide annual event has
been sponsored by the Keep Fran-
klin County Beautiful (KFCB) or-
ganization. On September 21, a
group from each WINGS site will
take to the local beaches and pick
up as much junk as they possi-
bly can in a few hours time. KFCB
will distribute garbage bags and
flyers to groups involved in the
Mr. Van Johnson, Solid Waste
Director for the Franklin County
Landfill, has already hosted a
September 6 workshop on recy-
cling for members of the teen
council. The workshop helped to
educate young people as to the
cycle of reusable trash as it flows
from the grocery store shelf to our
homes and then on to the land-
Franklin County Extension Agent
Bill Mahan will be conducting
workshops at the three WINGS
sites for the month of September.
Majken Peterson from the Florida
Prevention Association will be
conducting a series of workshops
of journalism and techniques for
marketing their ideas to the com-
munity. Brian Goercke with the
Franklin Chronicle will also lead
the group in a workshop on writ-
ing and editing. An important part
of the environmental projects will
be to successfully communicate
each of them to the community.
The council will have the oppor-
tunity to write articles for the
newspaper, speak to community
groups, work on the production
of the movie and write poetry for
their newsletter.

In addition to employing a part-
time coordinator, the grant also
employs a part-time teen aide. Tif-
fany Shiver, a native Eastpoint
resident and sophomore at Apa-
lachicola High School, has been
hired for the job. Shiver will as-
sist the coordinator in directing
activities. She will also act as li-
aison between the program and
the community.
courages input from community
members concerning issues that
affect the environment. Volun-
teers are also needed for the re-
cycling project. Those interested
in participating with TEENSPEAK
UNPLUGGED may contact the
Eastpoint Branch of the Franklin
County Public Library at 670-


Apalachicola Office

New Teen Aide at

Eastpoint Library

Eastpoint resident Tiffany Shiver
has been selected as the newest
teen aide at the Eastpoint Branch
of the Franklin County Library.
Ms. Shiver, a sophomore student
at Apalachicola High School, will
serve as program liaison in con-
junction with the TEENSPEAK
As teen aide, Shiver will seek to
bring environmental issues as
recycling and litter control to the
forefront of public awareness. She
will set up meetings with commu-
nity leaders and write articles for
local periodicals to ensure that
environmental issues have been
presented to the public. One of
her present plans will be to par-
ticipate and promote the coastal


Eeydymoer es
ar 7turning to th

clean-up on September 12. The
clean-up effort will include areas
as Catpoint, Battery Park and
Carrabelle Beach.
Ms. Shiver, who hopes to one day
make a career of environmental-
ism, said that she also has strong
beliefs on the protection of ani-
mals. When people pollute the
waters, noted Shiver, they do not
realize the negative impact they
can have on those living creatures
that depend on the water for their
refuge and their home. "I'm really
big on animals," explained Shiver.
Asked if many of her other peers
had similar environmental con-
cerns, Shiver responded that the
environmental awareness of most
people her age was rather poor.

Volunteers Needed at
Senior Center
Franklin County Senior Citizens
has a special need at this time for
home delivered meal volunteers.
A person can contribute as little
as 1 hour per week. If you want
to volunteer, please contact
Marjorie Creamer at Franklin
County Senior Citizens Center in
Carrabelle. Please phone (904)
697-3760 or 697-3792.

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Published every other Friday


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St. George Plantation

Owner's Annual Meeting

Long Minutes of Tedium Interrupted
with Tumultuous Shouting
A Report and Commentary by Tom W. Hoffer
President Bill Hartley kept the Annual Meeting of the St. George Plan-
tation Owner's on track last Saturday, September 14, 1996 but dissi-
dent members still pushed their views to the Board about the pend-
ing litigation and other matters.
The meeting began at 10:04 a. m. and ended about 3 1/2 hours later,
not counting recess, lunch and smoke breaks.


Bill Hartley: "...You can see me bobbin' and weav-
ing-I want to present a moving target... Tommy Day
called me yesterday (and told me)...that somebody is
going to murder me today... (laughter).
Pamela Amato introduced Plantation employees who have been given
special recognition by the Board of Directors. Two employees were
recommended as being "outstanding in their function." Kevin Newell
was recognized for his outstanding performance in the Security De-
partment. Ron Barnes was also recognized for his outstanding work
in the Maintenance Department but was not present at the meeting.
Bill Hartley: "I think personally that the Plantation
has a really strong and diverse Board. We have Pam
who is a retired federal employee. Dick Plessinger is
a retired businessman. Charlie Manos is an environ-
mentalist. B. L. Cosey who is a retired contractor.
Bob Guyon who is a retired... executive... And, Rick
Watson who is a lawyer and a ... lobbyist. ... This
Board has held an incredible amount of meetings...
Everyone on the Board has put in an awfully (large)
amount of work this year. We'll be losing B.L. (Cosey)
today who has .... I can't tell you how sad I'm to lose
B. L. on the Board. He's been a real asset and he's
worked tirelessly and consistently, and I hope he'll
continue to serve on the committees he's (been) on..."
Being on the Board is very time-consuming and a
thankless job. And the pay stinks..."
Hartley continued, "On most issues, there seems to
be a strong, vocal opinion on either side of each is-
sue. But there is a large, silent majority out there
that is difficult to get to because a lot of people don't
live here... A lot of people just don't talk about things,
and it's very hard to figure out just how everybody
stands... I went to a great deal of trouble myself and
sent out a survey-sent out a questionnaire, trying
to figure out how people stood on one of the
issues...The results indicated that people were over-
whelmingly opposed to too much growth, and they
were for growth management...within the Plantation
(Turning to Bob Guyon) Is that the right word? Bob
Guyon: Right on. Hartley, continuing: Out of the 640
cards, I got back 352, which is 55 percent, and ap-
proximately 90 percent said that they were opposed
to condos, hotels and' shops in the Plantation. My
actions have been guided accordingly. I hope that
that is still what the vast majority of the people who
are Plantation owners (want)....
I truly believe that this board is representing that
vast silent majority..."

r "


Charles Manus-"Fllp" Froelich
The two Board nominated candidates were elected by the member
with Phillip Froelich earning 260 votes and Charles Manos 278 votes
There were about 100 members actually present in the Clubhousc
casting votes for a large variety of other candidates. Three other coy
enant changes were approved, and a vote on the assessment proce
dures for the Bob Herron judgment was decided after a long discus
sion about the legality of a special assessment to pay off this judge
ment. The membership voted to finance the"debt" by paying for
through dues instead of a one-time special assessment.
Comment: In the August meeting of the Board of Directors, the dis
cussion brought out that a special assessment would levy equally o
all lot and home owners for this debt, now paid out of cash reserveE
If the judgment were to be paid from incoming dues, those ownin
homes would actually pay more than lot owners because of the due
payment schedules and weights. However, these distinctions wei
not brought into the annual meeting discussion.


Sarah '
Rodrique t

The meeting began with unanimous approval of last year's minutes.
A quorum was established according to Hattley's announcement, fol-
lowed by an announcement of the Board'snewly appointed member
Bob Guyon, who is replacing Christon Gallio, recently resigned


Bob Guyon
Bob Guyon said: "Prior to coming down here, I
thought I had seen and heard everything. Mv first
meeting back in December...I realized very quickly I
hadn't. As time went on, I realized that there was a
great deal of energy being shown by various factions...
for an against certain things that had happened and
that were going to happen. I must have asked 200
people to walk me through the time line...of what
was true. And, I had 200 different versions..."
Guyon continued: "I agreed to get in the loop on this
thing because I think we've got to do the things that
are most important for all of here, however you may
be leaning on certain topics and that's we have to
manage the growth of the Plantation, and with that,
the growth of the Island, into the future..."

mN-"'iI"; i7
*w~ .' ;K^ \



Sarah Rodrique questioned the loan requirements and read her
attorney's letter indicating that a special assessment could not be
levied for such a debt. The Board persisted on holding the balloting
on this issue pointing out that the result could be discarded if judged
illegal later. Jeff Richardson, Association Manager indicated that funds
had already been drawn for operational needs; Richard Plessenger,
Association Treasurer, indicated that no money had been drawn from
the loan. Some confusion resulted from these contradictory state-
ments as brought out by Sarah Rodrique, bringing the Board's cred-
ibility into question. Plessinger explained that the "loan" was a line of
credit, to be drawn upon, if the Association needed operational funds
before the end of the year. Other than the $300 closing costs, no
funds had been drawn upon and the Association's operational costs
were still being paid out of cash reserves. With regard to the Bob
Herron judgment, Plessinger explained that this debt came out of
several years of past litigation, and the Association lost the lawsuit
last year. He did point out that the Herron property did have to pay
dues to the Association and that would continue into the future. Mr.
Herron started his counter-suit for tortious interference by the Board
and won on that point The matter is now closed.

Dick Plessinger, standing

Dick Plessinger added: "Please understand one thing.
We had a $143,000 obligation. We had to pay it...The
thing falls to the bottom line. How do we offset that?
To me, it's very, very simple. I don't think we should
kick each other around. This occurred on many
Boards back. Nor should we dig up that Board. We've
got an obligation to pay, and that's it...We consid-
ered it in your best interest, we did pay it.

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Phone (904) 670-8423 Approved

Tallahasse Attorney Richard Moore (left) and Association Manager
Jeff Richardson(right)
Discussion eventually followed to the basis for litigation which, ac-
cording to Dr. Tom Adams, involved a complex series of events involv-
ing a previous Board and attorney.
Lou Vargas: "Barbara (Sanders) is not here to defend
herself. I'm not going to engage in that right now.
But, it's outrageous. It's reprehensible... Mr. Adams
likes not only to be lawyer now, but also Judge... Do
not accept his propaganda and that's exactly what it
is, it is his position.... The real issue is how much of
your money...and 3 million dollars may not be
enough, if this thing really spirals out of control...are
you willing to spend, so that a small group of indi-
viduals carry on their personal war. The Board sur-
vey is not a Board survey...That is an absolute bald-
face lie. That was Mr. Hartley's survey."
Hartley: 'You're absolutely right Vargas: Then, why
is this written down as a Board survey?" (Noise and
much confusion follow.)

Dr. Tom Adams Lou Vargus

President Hartley admits that he paid for the survey he cited earlier.
Lou Vargas, Past President of the Board said: "We
had an agreement that essentially resolved the dif-
ferences between a majority of the membership and
Dr. Johnson. The biggest mistake I made when I was
President was trying to reach a consensus (with a)
small group of people out there who never agreed to
anything but single family homes, in my opinion. They
may say something different but there's a small group
of people... (noise). ...We had a viable agreement. We
had an agreement that eliminated all of the covenants
(mentioned)... I didn't do something without going to
the membership. That small group of people wanted
to start the lawsuit on the declarative Judgment with-
out going to the membership. Forget the surveys. You
can't say that those surveys authorized the Board to
file the lawsuit ..."

Tommy Day (on left) and Dominic Baragona (right)

Continued on page 11

- --~--- Y

Lou Vargas: "Nobody is questioning that, but it is the
way you put the question on the ballot..."
Following a brief break, Larry Lane, CPA and Association Auditor,
presented his Financial Report, joined by Treasurer Richard Plessinger.
His review covered the period from December 31, 1995 and 1994. His
report did not cover the period from 1 January 1996 to present. An
addendum prepared by the Assistant to the Operations Manager, Ms.
Mary Baird, was prepared to show revenues and expenses for 1996,
attached to Lane's report. This showed legal fees totaling $56,694.05,
and an additional $18,000 recently billed by Amundson and Moore
in the last few days before the meeting. That brought the total billings
to $74,694.05. Tommy Day said he had reviewed the actual bills in
the office and calculated the totals to be $88,000. These findings
stimulated considerable comment concerning legal costs for 1995 and
1996, with President Hartley stating that he thought these costs would
not exceed $80,000 but it was unclear if he meant for the next year,
or the total fees. Mr. Hartley had circulated a 1995 memorandum
that he and other Board candidates at the time would not consider
litigation without consulting the membership first, a concern that
was raised at the Annual meeting by several speakers to the Board.

Larry Lane
(on left)
and Bob
(on right)

The Legal Committee report brought more comment on the Bob Her-
ron judgment and litigation with Dr. Ben Johnson. The actual report
by the lead attorney, Richard W. Moore of Tallahassee law firm
Amundsen and Moore was five pages long and consisted of a review
of Association legal activities for 1995-1996. The fees paid to the law
firm totaled $48,890, excluding costs, and an hourly rate of $74.52
per hour. An additional bill of some $18,000 was due Amundsen and
Moore. The Tallahassee law firm of Cooper, Coppings and Monroe
were paid an additional $9,823.12. Thus far, before the end of the
year, the POA has paid, or is owing, $76,713.12 in legal fees. Another
$60,000 for legal fees has been budgeted for the next calendar year to
be drawn from dues.
The attorney also explained some aspects of the Board's Errors and
Omissions insurance policy which it recently increased the limits of
liability to $3 million.
The Association is now involved in two major litigations. The first is a
lawsuit seeking a declaratory judgment concerning the legality of a
contract between the Association and Dr. Ben Johnson.


Page 8 20 September 1996 The Franklin Chronicle


Published every other Friday

Community Gathers to Participate in

SHARE Program


(L-R) Commissioner Bevin Putnal, SHARE Field Representative
Susie Dodson, SHARE Participant Shorty Mesick and Host Site
Coordinator Pastor Michael Kelly.

Officer Kosier


"Employee of

the Month"


The Franklin Work Camp honored
Correctional Officer Cynthia
Kosier with the recognition of
"Employee of the Month" for Sep-
tember. Officer Kosier, a Gulf
County resident, has worked in
the Department of Corrections for
over seven years. She began her
career in the Department of Cor-
rections at Gulf Correctional In-
stitution in 1989. In 1992, Kosier
was reassigned to the Franklin
Work Camp.
Officer Kosier said that she was
proud to work in the Department
of Corrections, because she felt
that her efforts helped to benefit
and protect the community as a
whole. One of the personal ben-
efits of working in corrections,
said Kosier, was the continual
education and training that help
in many other facets of daily life.
Officer Kosier commended her
superiors for encouraging each
staff member to remain informed
and well prepared for the future.
She also applauded her fellow of-
ficers for working together as a
unit for the benefit of the entire
work camp and community.
One of most challenging aspects
of working in the Department of
Corrections, said Kosier, has been
the supervision of an entire male
inmate population. "As a female,"
noted Kosier, "It's very challeng-
ing to supervise male inmates and
to earn their respect and to do
your job." Kosier stressed the im-
portance of remaining firm, fair
and consistent with all inmates.
She also pointed out that effec-
tive counseling techniques best
help to diffuse heated situations
at the work camp. 'Through good
counseling techniques, you help
to prevent a lot of things from
happening," stated Kosier, "I'm a
firm believer in preventive tech-
niques. It helps us and it also
helps them."
Officer Kosier presently works as
a relief officer for the Franklin
Work Camp. As a relief officer, Ms.
Kosier has the opportunity to gain
first hand knowledge of the vari-
ous positions at the work camp.
Some of her random positions in-
clude Dormitory Officer, Internal
Security and Perimeter Officer. "I
feel that every officer should have
the opportunity to work every po-
sition," concluded Kosier, "it will
give them a broader knowledge of
the whole institution."
Major Royce Pippin and Lieuten-
ants C.W. Smith and Mike Todd
jointly nominated Officer Kosier
for the honor of "Employee of the
Month." In a letter of commenda-
tion, Superintendent Ron
McAndrew at the Gulf Correc-
tional Institution noted, "In nomi-
nating you for this honor, Mayor
Pippin stated that you are a dedi-
cated officer. You know your job
assignments and perform them in
a timely manner, showing a con-
tinual pursuit to exceed at each
task given without complaint... He
further states that you are will-
ing to assist other staff members
with various tasks for completion
of team effort, asking no credit for
yourself, always displaying a pro-
fessional attitude."

Approximately 50 residents gath-
ered at the Carrabelle United
Methodist Church on September
16 to learn more about a non-
profit, non-government and non-
denominational program known
as SHARE (Self Help and Re-
source Exchange).
SHARE Field Representative
Susie Dodson informed those in
attendance that the program's
aim was to encourage community
involvement. "We are an organi-
zation that is based on
volunteerism," said Dodson, "the
purpose behind SHARE is to get
people out into their communities
helping one another, getting to
know your neighbors and at the
same time you get a break on your
groceries." She stated that, for
just $14 in cash or food stamps
plus an additional two hours of
volunteer service, residents could
receive approximately $25 to $35
worth of groceries. The program,
noted Dodson, was not limited to
those with limited financial re-
sources. "If you eat," said Dodson,
"then you qualify. Anyone can
participate, because everyone can
Volunteer service, said Dodson,
can include many different facets
of work that have been freely pro-
vided to the community. Benefac-
tors of such volunteered services
could include the local library,
senior center, volunteer fire de-
partment or any of the various
youth groups in the county. Vol-
unteer service can be defined as
"any good deed or service that you
do for someone outside your fam-
ily for free."
SHARE participant Shorty Mesick
applauded the community food
distribution program. He told au-
dience members that SHARE
packages varied fiom month to
month. Mr. Mesick also comple-
mented the fresh quality of the
food provided by the SHARE Pro-
gram. Trish Mesick said the
SHARE Program provided unity
within the community. "It's so
good to see everyone get together
on distribution day," said Ms.
Mesick, "everyone just pulls to-
gether to make this happen."
The program, noted Dodson, op-
erated much like a co-op. She ex-
plained that, with added partici-
pants in the program, it allowed

professional buyers to purchase
more food for the program from
the sale wholesale producers.
However, Dodson stressed that
the SHARE Program was not ac-
tually a co-op, but a community
food distribution program. The
food could be purchased at a
cheaper price, said Dodson, be-
cause of those volunteers who
worked with the SHARE Program.
Such volunteers provide service to
the SHARE Leadership Team.
Each leadership team requires six
to eight volunteers who help en-
sure that their local SHARE Pro-
gram runs smoothly. The differ-
ent aspects of the leadership team
include the Host Site Coordina-
tor, Registration Leader, Volunteer
Service Leader, Outreach Leader,
Trucking Team Leader and Dis-
tribution Leader.
The Host Site Coordinator pro-
vides overall supervision of the
Host Site and acts as a contact
person for SHARE Tampa. The
Registration Leader collects those
funds received by program par-
ticipants and returns them to the
SHARE Program. The Registration
Leader also maintains records of
the program's participants. The
Volunteer Service Leader directs
participants to the various volun-
teer service opportunities within
the community. The Outreach
Leader promotes the program in'
the community by various public
relations activities (i.e. handing
out fliers, public presentations
and press releases to the media).
The Trucking Team Leader pro-
vides transportation support by
picking up the food from SHARE
on a monthly basis and return-
ing it to the Host Site for distri-
bution. The Distribution Leader
supervises the setup and distri-
bution of food at the SHARE Host
Ms. Dodson explained that the
program was founded by Deacon
Carl Shelton in 1983. Deacon
Shelton was a successful busi-
ness owner in San Diego who
chose to sell his business and
decided to study with Mother
Teresa for several years, noted
Dodson. "When he was ready to
leave her," explained Dodson, "he
asked what he could do to allevi-
ate human suffering and she told
him to go out and feed the hun-
The SHARE Program has 26 af-
filiates throughout the United
States. These affiliates serve well
over 350,000 participants every
month. Additional programs serve
SHARE participants in Guate-
mala and Mexico.
The Carrabelle United Methodist
Church will operate as the
program's local sponsor. The lo-
cal SHARE Leadership Team in-
cludes: Host Site Coordinator Pas-
tor Michael Kelly, Host Site Co-
Coordinator Elizabeth Demastus,
Registration Leader Audrey Kelly,
Outreach Leaders Jackie Gaye
and Cathy Ramsey, Trucking
Team Leader Shorty Mesick and
Distribution Leader Trish Mesick.
The Eastpoint and Carrabelle
Branches of the Franklin County
Public Library will serve as regis-
tration sites for the program on a
weekly basis.
Those interested in learning more
about the SHARE Program may
contact Pastor Kelly at the Carra- :


The City of Carrabelle is planning to extend water
service to Timber Island, Carrabelle Beach, River
Road, North State Road 67, and East Highway U.S.-
98 if the City determines that the customer base in
each area is adequate to support the system costs.
The City is holding a subscriber sign-up period until
4:00 p.m., October 7,1996. Those who sign up before
the deadline can do so with a $50.00 deposit. Those
who sign up after the deadline will be subject to a
substantial tap on fee. Sign up forms are available at
City Hall during normal working hours.


Licensed Real EsTaTe BRokel

Historic Apalachicola
St. George Island Carrabelle

Dog Island Cape San Bias

17 1/2 Avenue E Box 666 Apalachicola, Fla 32329



Artist Of The Month

Sf hung at the Carrabelle Branch of
the Apalachicola Bank for the
_entire month.
\ ,,, Peggi is a sixth generation of Flo-

S'. a recurrent theme of her paint-
Sings. Her special love are the flow-
ers, animals, and the natural
beauty of Florida lakes, rivers and
Beach front.
.A She said, "My grandfather taught
me a lot about the natural won-
New VISTA' Dolly Sweet (L) and ders of Nature and the sea. The
Becky Melton (R) at Carrabelle women in my family taught me
Branch of the Franklin County love of family value, respect for
Public Library people. the gentleness and won-
derment of children d nd a rever-
ence and love of Cod."
New Literacy Workers to

Assist Local Reading Program
A A&-7 X% %ondatertagh

The Franklin County Adult Read-
ing Program became two mem-
bers stronger in early September
with the addition of two new and
highly motivated VISTA (Volun-
teers in Service to America) work-
ers, Dolly Sweet and Becky
Melton. The new VISTA's will be
instrumental in recruiting tutors
and students into the adult read-
ing program. In addition, they will
help to provide support in such
areas as fund-raising and public
Carrabelle residents Dolly Sweet
and Becky Melton recently ob-
tained their VISTA certification
training in Orlando. Ms. Sweet
will be sited in Apalachicola at the
Holy Family Center, while Ms.
Melton will work from the Carra-
belle Branch of the Franklin
County Public Library. Both said
they were ready for the challenges
in store for them in their quest to
boost educational services
throughout the county.
Ms. Sweet said that she was in-
terested in providing more edu-
cation in the home setting and
also working in the prison system.
"I thought that maybe I could
make a change by going into the
homes and help family members
help their children," said Sweet,
"or even go into the prison sys-
tem to help them get their
G.E.D.'s." She added, "I feel that
it's very important to read in or-
der to comprehend and get a bet-
ter life."
Ms. Melton looks forward to re-
cruiting tutors and students
throughout the county, while also
coordinating other important
functions with the adult reading
program. "Ever since I came to the

belle United Methodist Church at
697-3672, Cathy Ramsey at 697-
3906 or Jackie Gaye at 697-2214.
Those interested in registering for
a SHARE package for October
must register before October 14.
The next Distribution Day (D-Day)
of groceries for the month of Oc-
tober will be on October 26. Those
participating in the program were
encouraged to bring their own
boxes and bags to collect their

area," said Melton, "I've realized
that the need for improving read-
ing and education was enor-
Both of the new literacy workers
came to Franklin Coupty within
the last ten years. Ms. Sweet was
raised in Binghamton, New York.
Her daughter, Candice Sweet,
graduated last year as the Vale-
dictorian of Carrabelle High
School. Ms. Melton was raised in
an area located outside of Tampa
Bay in Citrus Park, Florida. She
presently provides home instruc-
tion to her nine year old son,
Caleb Melton. Both VISTA's noted
that their homes were located in
rural areas.
Both of the new literacy workers
also have backgrounds in volun-
teer work. Ms. Sweet said that she
was previously involved in a lead-
ership position with the 4-H Pro-
gram. She further noted that she
has volunteered as an activity di-
rector in Florida and has per-
formed sing-alongs in the various
nursing homes. Ms. Melton said
that she has previously volun-
teered with the ministry by coor-
dinating fellowship organizations
for her church. "It was a lot like
this," said Melton, "you were
pretty much on your own with
average supervision. And you had
a goal and objective to start a fel-
lowship in your area and then
leave and have a fellowship that
was supporting itself."
Acting Literacy Director Bonnie
Segree said that the addition of
the new VISTA's will provide an
invaluable service to the adult
reading program and to the com-
munity. "They're just going to all
work so well together," stated
Segree, "They're so dynamic."

Peggi has complete professional
art training with two years at the
University of North Florida; pen
and pencil work with Mark
Henderson; oil painting with
Courtney Hunt and Evelyn
Moesser, all of Jacksonville. She
adds thetas to the rest of the arts,
such as acrylic, pastel, charcoals
and carving in these skills she is
She has won First Place and Best
of Show honors in Jacksonville
Women's Art League. Third place
and Honorable mention in the
Times Union Art Show in Jack-
sonville. Most recently she won
Honorable Mention at the North
Florida Fair in 1995.
She has clients in many states
and to mention a few, she has
paintings hung in New York, New
Jersey, Ohio, Colorado, Arizona,
South Carolina Georgia. New
Mexico, Mississippi, Tennessee,
Florida, N. Carolina, Wisconsin
and Vermont. Overseas she has
work in Budapest Hungary and
She presently owns the Three Riv-
ers Art Gallery on Highway 98 in


Available Programs:.
Individual instruction in reading, writing, math
and study skills
Reading/Writing Workshops (Small groups of
Private tutoring for various exams from Job
Placement to G.E.D. h

Assistance in writing Resum6s.
Adult Literacy.

Castoldi's Office Complex
Downtown Carrabelle
(Next to the Georgian Motel)
Phone: 697-2847 Fax: 697-4102
Mon. Thurs. 9:00 a.m. 8:00 p.m.
Fri. Sat. 8:00 a.m. 3:00 p.m.


Shirley S. Castoldi, B.A., M.A., Ed. Spec., Teaching 33 years,
State Certified
William D. Castoldi, B.A., Teaching 9 years, State Certified

Call for Reservations
and Information

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te 227-7116 i
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Bring in this adfor discount 10 a.m. to 7 p.m. Eastern Time


Aboard The Governor Stone
A fully restored 7877 Gulf Coast
Schooner and an "historic londmork, "
the Governor Stone Is the South's
oldest active sailing vessel.


Published every other Friday A LOCALLY OWNED NEWSPAPER

The Franklin Chronicle 20 September 1996 Page 9


Bil a s tud
iv, ... .

NEW LISTING! "21st Street, Greater Apalachicola" This
well maintained, 12 yr. old, two story home is situated on a large
corner lot in a quiet neighborhood. Features include: 4 large
bedrooms, 2 baths, open living & dining area, private patio, and
much more. Call today! $75,000

S- .jc '

"Perfect Peace" 708 West Bayshore Dr. Newly Remodeled!
This lovely 3BR/2BA home is situated on a 1/3 acre bayview lot.
Features include: low maintenance vinyl siding, large storage
area, 2 car garage, private sun deck, and much more. Priced to
sell $139,800

Sam Gilbert
(904) 653-2598
Billie Grey
(904) 697-3516
Tommy Robinson
(904) 653-9669
Ron Bloodworth
(904) 927-2127
Mark H. Browne
(904) 653-8315
Michael Bloodworth
(904) 927-3551
Larry W. Hale
(904) 927-2395
Walter J. Armistead
(904) 927-2495

C ^D

Expect the best
HCR Box 2 St. George Island
Florida 32328-9701
Phone (904) 927-2282
Fax (904) 927-2230

Bill Mayhanaddresses students
from the WINGS Program



Agent Meets

with Library

Youth Group
Franklin County Extension Agent
Bill Mahan met with students
from the WINGS program at the
Carrabelle and Eastpoint
Branches of the Franklin County
Library on September 10 & 11 to
discuss present environmental
Mr. Mahan explained to students
that environmental issues perme-
ated from land to air to water-
based concerns. During his pre-
sentation, Mahan introduced a
film to the youth that chronicled
the impending environmental
threat of the destruction of the
rain forest. "The film shows,"
noted Mahan, "that in reality
we're all very connected."
A portion of the presented film
documented the South American
cattle farmers who continually
cleared sections of the rain forest
to raise their cattle. Students dis-
cussed that, in order to stop the
farmers from clearing the forest,
another means of livelihood had
to be offered to them. "One of the
ironies of the situation," explained
Mahan, "is that we tell them not
to chop down the rain forest while
we go out and clear cut the pa-
cific northwest." He pointed out
the United States utilized nearly
one-third of the global energy.


Sets Millage

For 1997
A small crowd of about twenty
persons was present at the Car-
rabelle City hall as the city's com-
missioners set the millage rate at
8.2914 per one thousand dollars
of property value. John Halyak,
who lives in Bayou Harbor Sub-
division, asked commissioners
what he called, a simple question,
"What exactly are we getting for
our money? I live on Timber Is-
land and I see nothing, absolutely
The area Halyak lives in was an-
nexed to the city in an single-
owner requested annexation at
the time that Timber Island was
being swapped by the state for
land down in South Florida. Luke
McKissack president of
McKissack Properties, owned all
of the land on Timber Island and

an adjacent 600 or so acres. The
land stayed fallow until the Bayou
Harbor Subdivision was opened.
The subdivision has dirt streets,
no street lighting, no city water
or sewer. There is a good possi-
bility that water will be extended
by the city in the coming year.
Commissioner Jim Phillips ex-
plained that the City provides
police and fire protection. Fire
Chief Bonnie Kerr told Halyak
that her department stands ready
to go to any fire in the area and
had responded in minutes to a
rapidly spreading grass fire on
Timber Island Road.
Phillips also noted that the mill-
age had been brought down over
the past few years by the existing
commission. "When I first came
on the commission 5 years ago the
millage was at ten mills," he said.
He added "He (the commission-
ers) catch it from both sides and
both my cheeks are getting tired,"
Commissioner Buz Putnal re-
marked, "I want to ask you (the
audience) a question. What do
you want us to do?"

In answer to a suggestion that the
city abandon the city police go to
county sheriff and pay for their
police department that way, City
Attorney William Webster said
that in Wakulla County the City
of Sochoppy have dropped having
their own police department and
are protected by the county
Sheriffs department. He added
that when that first happened the
crime rate went down, However he
did remark that he felt it "went
down when one family moved."
In response to a question from
Blanche Cox who owns the B.P.
station at the corner of C67 and
Marine Street, Putnal said that
sweeper sweeps all along US 98
from the bridge to city limits. Cox
said that the brush is lifted in
front of her business. Putnal re-
plied that if that be so he will look
into it and remedy the situation.
At that point Phillips moved that
the millage rate he set at 8.026
and it was so adopted. The com-
mission went on to adopt the bud-
get which will allow for a small
reserve of about S19,000.

Tk"h o/ 2iabad 5

I would like to thank
everyone that voted for and
supported me during my
campaign. The next four
years you and I together will
try\ to make the best for our
schools, children, and their
future. I will work hard,
remain dedicated, and make
you as proud of our school
system as I possibly can.
Thanks to my family and
friends and to my husband,

Thank You, Katie McKnight

Pd. Poi Ad Pd for b\ the campaign acct. of Katie lNlicKncht iDENlil




King mackerel
The Governor and Cabinet ap-
proved on September 10, 1996

that Marine Fisheries Commis-
sion proposed rules regarding
trap buoy/vessel marking, fishing
gear, and shrimping. In addition,
the Commission has scheduled a
series of public workshops to re-
ceive comment on the manage-
ment of the Atlantic king mack-
erel fishery. The following is a
summary of the rules approved by
the Governor and the Cabinet
(these rules take effect Septem-
ber 30, 1996):
Trap Buoy/Vessel
Marking Rules
These rules will reestablish pre-
vious state rules regarding trap

buoy and vessel marking require-
.ments. For persons using com-
mercial stone crab,. blue crab and
lobster traps, these rules will re-
quire the color and trap number
of marking buoys to be perma-
nently and conspicuously dis-
played on vessels so that they are:
*readily identifiable from the air,
with the approved buoy design
displayed affixed to the upper-
most structural portion of the
vessel and displayed horizon-
tally with the painted design up
(for vessels with an opening de-
sign, such as skiffs from which
blue crab traps are fished, one
seat instead shall be painted
with buoy assigned colors with

permit numbers, unobstructed
and no smaller than 10 inches
high, painted thereon in con-
trasting color); otherwise, the
display will be required to ex-
hibit the harvester's approved
buoy design, unobstructed, on
a circle 20 inches in diameter,
outlined in contrasting color,
together with the permit num-
bers affixed beneath the circle
in numerals no smaller than 10
inches hioh.
readily identifiable from the
water, with the approved buoy
design displayed and affixed
vertically to both the starboard
and port sides of the vessel near
amidship; the display will be re-
quired to exhibit the harvester's

approved buoy design, unob-
structed, on a circle 8 inches in
diameter, outlined in contrast-
ing color, together with the per-
mit numbers affixed beneath
the circle in numerals no
smaller than 4 inches high.
Fishing Gear Rules
These rule amendments and the
repeal of obsolete rules will con-
form current fishing gear rules
with recently enacted Constitu-
tional provisions.
Counties Shrimp Rule

This rule will repeal an obsolete
special act that establishes cer-
tain season and area closures for
shrimp harvest in specified waters
of Ban and Okaloosa Counties. An
emergency rule that temporarily
repeals this special act is cur-
rently in effect.
The Marine Fisheries Commission
reminds persons that it has
scheduled the following public
hearings to receive comment on
its proposed amberjack rule: Sep-
tember 23/Destin City Hall, Sep-
tember 24/Atlantic Beach City
Hall, September 26/Sarasota City
Hall, and September 27/Pompano
Beach Civic Center.


October 1, 1996

'The People's Choice for Circuit Judge"

I am well qualified to serve as your circuit judge. I want to
make our circuit court system responsive to the public's need
to have a criminal court that discourages recidivism, encour-
ages the first offense to be the last offense, and provides
alternatives and direction to those citizens at the crossroads. I
want to make citizens feel that in civil court they have an equal
opportunity to prove their case and that the judge tried to
render a fair and just decision. Finally, in family court, I want
to resolve family disputes as swiftly and fairly as possible
without further destruction of the family unit.




Pd. Pol. Ad. Pd. for by Campaign Account of Marva A. Davis

/ Lawyer over 19 years Pensacola to
/ Diverse Civil, Criminal
Administrative Appellate
/ Trained To Be Circuit Court
/ Judge for Teen Court
/ Nominated for Appointment Judge
First District Court of Appeal
/ Nominated for Appointment to
Parole & Probation Commission

/ All Florida State Courts
/ U.S. Northern District
/ U.S. Middle District
/ U.S. Eleventh Circuit
/ U.S. Ct. of Military Appeals

Legal Experience:
/ Own & Operate Private Law Firm
/ Assistant Public Defender Juvenile/
Felony Misdemeanor/Traffic
/ Midway City Attorney
/ Assoc. General Counsel
/ Florida A & M University
/ Community & Economic Develop-
ment Organization
/ CEDO Housing Development Corp.
Z Florida Commission on Human
Community Service
/ Incorporated City of Midway
/ Board of Directors:
Children's Home Society
/ Big Bend Hospice
/ Legal Services of North Florida



I'r r -(t-




I ,

Published every other Friday


PDm 10 an 2 ontemhpr 1996 The Franklin Chronicle


Published every other Friday

2; ^ V-Z. t
Dr. Saunders addresses Village Association at their September

Zoning Issues Are

Focus of Village

Association Meeting
building become? If you run Bob
Evans out, what is going to re-
Splace it?"
"He is breaking,a zoning ordi-
-" nance for Franklin County," said
Dietz, "most of the people I've
talked to do not want any busi-
Sness being done out of that. And
-' one more thing, let me tell you
i i Bob Evans and the feeling I've got
k from a lot of people. They do not
trust Bob Evans. That's the big
word, 'trust.'"'

Ralph Dietz
In a widely attended meeting of
the Lanark Village Associa tion on
September 9, residents addressed
two major zoning concerns in the
district. Residents took issue with
the new Vilcom Communications
building, which has been located
at the old water and sewer
district's building. In addition,
association members met with Dr.
Edward Saunders to discuss ac-
cess and buffer issues in relation
to his proposed 24 acre develop-
ment on the east end of Lanark
Lanark Village Association Presi-
dent Ralph Dietz informed resi-
dents that Bob Evans, owner of
Vilcom Corrimunications, had
planned to obtain a liquor license
fr his business. He said that Mr.
Evans had also planned to re-
quest that the county planning
and zoning committee change his
property from public utility to
commercial zoning.
Association members applauded
Franklin County Commissioner
Rayimond Williams. who was
presei t it the meeting, when
Dietz explain d that the commis-
sioner had alerted him to Mr.
Evans' plans prior to the county's
planning and zoning meeting.
Dietz stated that over 100 signa-
tures had been gathered on a pe-
tition opposing the commercial
zoning of Evans' property. He said
that, at present, Mr. Evans had
withdrawn his rezoning request.
'That don't mean that the battle
is over," warned Dietz. He in-
formed residents that Mr. Evans
was presently operating a retail
business on property zoned Z-1
(public utility). "Bob (Evans) was
receiving pressure from a lot of his
so-called friends to back off,"
added Dietz, "he was told in the
beginning to talk to his neighbors
to see how they felt about what
he wanted to do. He didn't do
At the suggestion of Mr. Dietz, the
association agreed to send a let-
ter to the Franklin County Plan-
ning and Zoning Committee on
behalf of the citizens and prop-
erty owners of Lanark Village in
opposition to Mr. Evans' business
operations. The letter further re-
quested that County Planner Alan
Pierce visit the business without
notice to the owner to observe its
daily operation.
Resident Ray Courage argued that
the organization should wait un-
til the "snowbirds" return to the
district to gain added input be-
fore sending the letter to the plan-
ning and zoning committee. He
told association members that the
building was not suitable for resi-
dential use. He challenged, "What
is it that you want to see that

No Bids On

Library Roof

By Rene Topping
Carrabelle City Commissioner
Ginnie Sanborn announced at the
special meeting held September
16 at city hall, that there were no
bids to put a new roof on the Fran-
klin County Public Library at the
Community Center building. The
commission have a set aside of
money in their new budget to pay
for the roof which is still leaking
badly despite the efforts of Ron
Mock who made an emergency
repair. The contract will be rebid
and Sanborn urged contractors to
please put in a bid. Any bids re-
ceived will be opened at the Octo-
ber 7 regular meeting.
Commissioners voted not to retain
a special attorney to represent the
city in a declaratory action law-
suit that has been filed by the
Carrabelle Port and Airport Au-

Mr. Dietz voiced concern that Mr.
Evans would probably sue Fran-
klin County and the Lanark Vil-
lage Association over the zoning
matter. He said that, Evans had
previously requested a list of as-
sociation members. "He wanted
every one of your names so that
he could subpoena you...I said,
'Bob, you're playing hardball.' He
said, 'I am if that's what it takes.'"
Dietz said that, after speaking
with an attorney on the matter,
he decided against giving Mr.
Evans a list of names from the
Maggie Weber stated that she
wanted to set a precedence in the
matter. "What he is doing is not
under the current zoning of that
property," noted Weber, "he is go-
ing to cause additional parking,
additional traffic and additional
The organization then turned to
the business of Dr. Saunders' pro-
posed development plans. The
proposed development project,
said Saunders, would consist of
approximately 32-40 units on a
24 acre parcel of land. He in-
formed association members that
he had offered to donate two par-
cels of land to the county with the
provision that the county install
roads and take ownership of the
property. Saunders said that an
alleyway,- which would connect
Pine to Oak Street, would provide
access to residents from the vil-
lage to the highway. In addition,
Saunders said that a road from
Highway 98 to Florida Street
would also provide a means of
access. The buffer area from the
village to the proposed subdivi-
sion, noted Saunders, would be
approximately 47 feet.
Resident Jeanette Pedder stated
that, if the association did not
object to the rezoning of Dr.
Saunders' proposed development,
then Saunders would be able to
develop as much as three units
per acre. Otherwise, noted Pedder,
Saunders would only be allowed
to development one unit per acre.
"When you build this up," warned
Pedder, "you're gonna use every
inch because every inch is a dol-
Mr. Dietz pointed out that water
and sewer services were available
to the proposed subdivision. "So,
there's really no reason that we
cannot put three (units) to an
acre. An I agree with what they're
trying to do. My argument is that
how can you use density as your
argument about that subdivision
when we here in the village have
density. We've got density coming
out of our ears. Them houses are.
gonna help. They're gonna help
the county and our water depart-
Commissioner Williams informed
association members that it was
not a "foregone conclusion" that
the zoning change request from
Dr. Saunders would be granted by
the county. He said that, in re-
gard to taking ownership of the
alleyway, the county did not have
funds in its' budget for paving
roads. "The State requires that
you have a 70 foot by 105 foot
turn-in radius," noted Williams,
"and it's highly unlikely that will
happen for us."

thority until the possibly of an
attorney being paid for by the
city's insurer has been thoroughly
The commissioners approved a
memorandum of understanding
between the City and the Organi-
zation of Artificial Reefs (OAR) on
the sinking of two vessels off shore
from Carrabelle. The City will have
no responsibility until these boats
are sunk and approved by State
City residents were advised by
Commissioner Jim Phillips not to
pay any increase in garbage col-
lection rates on any Argus Bill, Ho
and the other commissioners
agreed that no rate increase has
been approved by the city.
Commissioners approved certifi-
cation of the flood insurance pro-
Commissioner Ginnie Sanborn
said complaints were coming in
on the animal control program.
Several people said that the ani-

School Board Adopts

Millage Rate and

Addresses Transportation

and Construction


The Franklin County School Board met for a public hearing and regular
meeting on September 5 at the Carrabelle High School.
During the regular meeting, the board voted 3-2 to accept the pro-
posed village rate of 7.654 for the 1996-97 school year. Board mem-
bers Connie Roehr and Katie McKnight voted against the proposed
rate. The approved millage rate was identical to the rate of the previ-
ous year. However, due to an increase in assessed property values,
the rate also posed a 12.43 percent increase in revenue for the dis-
trict in the 1996-97 school year.
Board member Willie Speed asked hypothetically what the board would
do if the annual millage was rejected. Finance Officer John Rieman
stated that the board could then adopt a decreased millage rate.
"I want the board members to know that this could have been devas-
tating to the Franklin County School System," said Speed. He said
that, if the board was compelled to reduce its' annual millage rate,
the district may have been required to lay off instructors and also
refrain from giving three percent raises that were promised to all
Prior to the regular meeting, board member Willie Speed complained
that the school board had misled the public by conducting a public
hearing prior to 6:00 p.m. in order to discuss the adoption of the
millage rate. He pointed out that the board normally met at 6:00 p.m.
'To me as a board member, starting a meeting before six o'clock when
the public was not invited is misleading," said Speed. Superinten-
dent C.T. Ponder objected to Speed's statement. He said that the school
district printed in a notice that the regular meeting would follow a
public hearing.
In other school board business:
*The board reviewed a letter of concern from resident David Butler. In
his letter, Mr. Butler noted that elementary school students were be-
ing released from school 15 minutes early. "I believe this early release
is being caused by a bus transportation problem," Butler noted in his
letter. He encouraged the school district .to address the noted trans-
portation problems to ensure that students received a complete day
of schooling.
Superintendent Ponder said that he had met with Principal Clay
Wooten and Nan Collins at Carrabelle High School and reviewed the
matter. "What we came down to is that we need to either not trans-
port some children that we've been traditionally transporting within
the one mile zone in the afternoons," said Ponder, "or we either add
on another bus driver to handle this situation." Ponder requested
that Mr. Butler discuss the matter with the School Advisory Commit-
tee (SAC) for Carrabelle High School. Ponder noted that Mr. Butler
held the position of SAC Chairperson for Carrabelle High School.
Mr. Butler, who was present at the September 5 meeting, said that
the matter had been discussed at the noted advisory committee. "It
has been brought up to the advisory council," noted Butler, "as we've
had the elementary school disrupted all of last year from the buses
leaving early." He pointed out that, by sending the matter down to the
advisory committee, the board would essentially be delegating a seri-
ous school-related matter to a committee with no money and with
only an advisory capacity. "We're not the engine that makes the edu-
cational process run," expressed Butler, "we're kind of a think tank
that brings in community leaders, teachers, parents and students
who try to take a look at what we're doing and what we can do better."
He concluded, "It's got to be the school system that embraces this
and carries out the initiative to make it work."
Board member Willie Speed concurred with Mr. Butler's assessment.
'The bottom line is that it starts with the school board." He noted
that board members in the Carrabelle area had failed to inform him
of the transportation situation at Carrabelle High School. "I've never
heard any one of them address this issue," said Speed, "and I'd like to
hear from them to see how they would respond to this."
Board Chairperson Will Kendrick said that matter was somewhat new
to him. However, it was pointed out that the issue.was an expressed
problem in the previous school year. Kendrick resumed by stating
that education should not be compromised for any. reason. "And I
sort of resent this being sent back to the SAC Committee," said
Kendrick, "when that's sort of the reason why we don't have a PTO
(Parent/Teacher Organization) and other committees in our district.
It's because, when we ask them to do things, nothing is ever done.
So, what's the use? It's not gonna have an effect anyway."
Superintendent Ponder objected to Kendrick's assertion that nothing
was ever done by the school district. "I think that's covering a wide
latitude when you say that nothing is ever done, because that's not
true," said Ponder. He continued, "the district might not be able to
handle everything, but quite a few things are done."
The board then unanimously agreed to use another bus to transport
Carrabelle elementary students. The board also agreed to hire a tem-
porary bus driver. Mr. Butler requested that the board also review the
transportation situation for other schools in order to determine
whether similar problems were occurring.
*Board member Jimmy Gander complained that the district was pro-
crastinating in the completion of the area high schools' field houses.
He pointed out that board member Willie Speed had made a motion
several months ago to have the field houses completed by the begin-
ning of the present school year. "And it won't be ready until next
August," complained Gander. He continued, "all I want is a plan of
what it will look like when it's through." Board member Willie Speed
stated that he would not vote in favor of any new construction until
the new superintendent assumed office on November 19.
Mr. Ponder later commented that the district would soon be receiving
an estimate from the contractor in terms of a change order on the
wall of one of the field houses. He added, "we're still doing construc-
tion on the field house at Apalachicola High School. But, the archi-
tect is taking a stronger role where that's concerned and we're asking
for a plan."
Mr. Gander noted that the wall on one of the field houses had col-
lapsed. He questioned as to who was responsible for the collapsed
wall. Mr. Ponder stated that, after speaking with the architect, he was
informed that the wind may have caused the problem when the trusses
were being set. He said that he had requested the architect to look
into the matter further. At present, Ponder said that he had not re-
ceived a response from the architect. "I really did press him about
whether or not the contractor was at fault," added Ponder, "and he
said, 'no.' That was his feeling." Mr. Gander commented, "well, I'm
not paying anybody $69,000 who just tore my building down." He

mal control officer has been work-
ing in Carrabelle. Sanborn was
advised to call the sheriffs office.
Mike Robeluck asked if the school
could select some of the senior
classes to attend the city meeting
and to participate with the com-
mission,. He was advised the city
meetings are open to everyone.
Commissioner Buz Putnal told
residents a cemetery census is
being undertaken by Jackie Gay
and there will be stakes in the
ground. These will be removed as
soon as the census is completed.

Long Dream Gallery

Fine Art Jewelry

Small Sculpture
Hand-made by Contemporary Artlete

32 Avenue D, Suite 201
In the Historic Butterfield Building
Downtown Apalachlcola

requested to know the amount of money that was invested in the
Apalachicola High School field house. Mr. Speed said that the board
should be provided a progress report periodically for any new con-
struction, renovation or remodeling projects.
*The board members voted to adopt a 1996-97 agreement for consul-
tative services with Paul Fetsko, a certified hearing impaired teacher.
*The board agreed to adopt the Earth Science textbook series by Merill
for the use in grades 9-12. The board previously adopted the text-
book series' use for middle school students.
"The board approved a tentative agreement for 1996-97 with the Fran-
klin Education Support Personnel Association. The tentative agree-
ment will provide a three percent across the board salary increase.
*The board approved the Apalachicola River & Bay Stewardship Pro-
gram at Apalachicola High School.
*The board approved the Florida High School Activities Association
*The board agreed to hire Charles H. Seay for a middle school social
studies position at Carrabelle High School. The decision was made
contingent upon the instructor receiving State certification.
*The board agreed to hire two Apalachicola High School students from
the Diversified Cooperative Training Program for the temporary posi-
tion of secretary's aide at the Franklin County School District Office
in Apalachicola. The students will be paid minimum wage. Superin-
tendent Ponder noted that the J.T.P.A. (Job Training and Partnership
Act) Program may fund one of the temporary positions. 'That would
be really good if we could get them pay for that," noted Ponder.
*Board member Willie Speed said that, in the past, he discussed
school-related information with the school superintendent prior to
attending board meetings. He announced that, for the benefit of the
new superintendent, he would not continue that practice. "I want my
information to appear in the minutes so that my great, great, great
grandchildren might see what I'm doing now." He said that his great,
great uncle served on the Franklin County School Board from 1869
to 1886. He pointed out that his uncle had made a motion to con-
struct the first school for African-American students in Franklin
County. Speed further noted that his uncle had been instrumental in
gaining the services of contractor Ezekial Walton, the great, great
grandfather of Rose McCoy, to construct the noted school. 'That kind
of information I would not have known had it not been in the min-
utes," concluded Speed.
*At the request of board member Willie Speed, Superintendent Pon-
der agreed to examine a support pole located at Chapman Elemen-
tary School's playground to determine whether the pole posed a threat
to the children's safety. The noted pole belongs to the Florida Power
*The board agreed to accept the resignation of Ms. Margie White,
secretary of superintendent.

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Published every other Friday


The Franklin Chronicle 20 September 1996 Page 11

Mayor Millender Cites

"Underhanded" Actions

in Bid Process

Mayor Charles Millender made accusations of "underhanded" deal-
ings in reference to a bid process during the September 6 meeting of
the Carrabelle City Commission. Without reservation, Millender ac-
cused fellow board member George Jackson of acting inappropriately
towards a bid that involved the county's two local banks.
Mayor Millender complained that Jackson, who was not present at
the September 6 meeting, had asked Carrabelle Port and Airport Au-
thority Secretary Mary Jane Kitamura to contact the Apalachicola
State Bank in order to determine their interest rates.
"He (Jackson) put Mary Jane (Kitamura) up to it to call and say that
it was May Lou that was calling," explained Millender. He continued,
"To me, I don't think it's right. The whole situation was underhanded.
I didn't like it when I heard what went on and I still don't like it." He
said that the action taken by Commissioner Jackson was a "conflict
of interest" because the commissioner held a board position at Gulf
State Bank.
Apalachicola State Bank representative Will Kendrick informed board
members that Mary Jane Kitamura had contacted him approximately
one week after the regular meeting in August. He said that Ms.
Kitamura had informed him that she was calling on behalf of another
city employee, Mary Lou Mathes, to determine the interest rates of-
fered by the Apalachicola State Bank. "I gave her the rate because it
is public record," noted Kendrick. He said that he later contacted Ms.
Mathes about the matter. Ms. Mathes, noted Kendrick, said that she
did not request anyone to contact the Apalachicola State Bank on her
behalf. Kendrick said that he then contacted City Clerk Charles Daniels
about the matter. "That's when we found out that George (Jackson)
had been at Mary Jane's office," noted Kendrick, "and he must of had
her do it."
Commissioner Wesley "Buz" Putnal questioned Kendrick as to whether
the action taken by Ms. Kitamura had affected his bid to the city.
Kendrick responded that Ms. Kitamura's actions had no affect on the
"I don't say there was any change in the interest rate or nothing about
it," responded Millender, "but still it was underhanded." Mayor
Millender suggested that the board give each banks another oppor-
tunity to make formal bids for the two accounts. "Let's give them
another chance and do it right," urged Millender.
City Attorney William Webster said that the information received by
Ms. Kitamura was public information. "I may not be happy about the
way the situation was handled and I'm not making a comment one
way or the other about that," noted Webster. He continued, "The cir-
cumstances of the call doesn't make any difference, because it was
public information that anyone is entitled to."
The Carrabelle City Commission then voted 3-1 to select Gulf State
Bank as the City's depository for those funds received from the State
wastewater treatment and stormwater management revolving loan,
projects. The board also agreed to establish a checking account at
Gulf State Bank for the said projects. In addition, board members
selected Gulf State Bank as the City's depository for State funds re-
ceived from the Riverwalk Park Project. A checking account will also
be established for those funds. The annual interest rate offered by
Gulf State Bank was 4.95 percent for each account. Mayor Charles
Millender voted against the decision.
In other City business:
*Commissioner "Buz" Putnal complained that too many street signs
in the city were being knocked down. He told board members that the
county had recently purchased a sign machine for Enhance 911 and
that the City could purchase 15 street signs per week. "But they way
they're tearing them (signs) down," explained Putnal, "15 (signs) is
not gonna do us." He said that, in the last two weeks, the city lost five
signs on U.S. 98. Putnal asked, "Is there anything in the world that
Swe can do to control this?" He concluded, 'This is going to get serious
Because some of this is in the neighborhoods where you have elderly
People and the ambulance service is going to depend on these street
*The board unanimously voted -d establish a checking account at
Gulf State Bank to receive donation funds for the roof at the Carra-
belle Branch of the Franklin County Public Library. The account will
account will receive an annual interest rate of 4.95 percent.
*The board agreed to finance approximately $25,000 from the Apala-
chicola State Bank to purchase a new fire truck at an annual interest
rate of 5.5 percent.
*The board disapproved the first reading of a proposed ordinance
granting the U.S. Cable Television Group a 15-year non-exclusive
right to create, maintain and operate in the City Towers, cables, an-
cillary facilities for the purpose of constructing, maintaining and re-
pairing Broadband Tele-Communications Network, Transmission and
Distribution by cable or television signals. Board members complained
that there were no representatives from the cable group at the meet-
*The Carrabelle City Commission set the tentative millage rate at 10.
Board members informed residents that the city needed to repair the
roof on the Carrabelle Library, remodel the old gymnasium and bring
the City Hall up to the standards of the Americans with Disability
Act. Boards members, however, assured residents that the millage
rate would not remain at 10. Commissioner Jim Phillips explained
that the board could not raise the rate after it was tentatively set.
However, he noted that the board could lower the millage rate at the
next meeting. The second public hearing to approve the millage rate
will be held on September 16.
*The board granted a request from J. Ben Watkins to conduct a pub-
lic hearing for a small scale land use change from residential to com-
mercial. The board will consider a zoning change from R-5 (Limited
Residential) to C-1 (mixed use commercial) of the remainder of the
McKissick property along U.S. 98.
*The board agreed to pursue a Commercial Revitalization Grant for
$500,000 from the Department of Community Affairs/Department of
Housing and Urban Development. The board also appointed Com-
missioner Virginia Sanborn as the City's contact for the grant.

Charles Manos (left) B.L. Cosey and Bill Hartley (far right)

Vargas denied Hartley's claim that one stumbling block was an as-
sertion that Ben Johnson reserved the right to sue the Association
but the Association could not by the revised with the litigation. This
incident appears to have widened the breach between the Board and
some members in the Association, with these dissidents now pro-
claiming that the Board is not fully disclosing their actions to the

Mary Lou Short

/ i

Mary Lou Short addressed the Board: "I have been a
member of this Association since 1989. I have seen
almost a million dollars in Association dues paid for
legal actions...The point I am trying to make is that
we have gone ahead with these legal actions without
allowing the membership to review these actions..."
The second litigation is an appeal from the County Commission ac-
tion, seeking an injunction to prohibit the county from proceeding
with their plan to conduct a final hearing on Phase I of the Johnson
project. The suit also includes Dr. Ben Johnson. Association man-
ager Jeff Richards insisted that this was not a new lawsuit but merely
a continuation of the "process" of appeal from the County Commis-
sion action in early August.

S, Attorney

The issue of "attorney-client" privilege came into the discussion.
Attorney Richard Moore said: "One of the difficult
things I have to tell everybody is I cannot give indi-
vidual horiieowners advice regarding the Board be-
cause I'm hired to represent the Board, and I cannot
represent two different clients in that way..."
Question from the floor: "If we, the homeowners, pay
all the legal fees, why is the Board your confidential
client, and we don't know (what is(discussed)?" Ap-
plause. I
Hartley: "99 percent of the stuff, you can have. The
point is that there are strategic things that are in-
volved with the legal proceedings we have going, ob-
viously you just can't pass them out..."
Comment: The attorney Richard Moore reiterated that because the
Chronicle was videotaping the proceedings, these could become gen-
eral knowledge. He overlooked that fact that one of the POA's litigants
was sitting in the front row throughout the entire discussion, Dr. Ben
The action to appeal was up to the Homeowner's Board of Directors
to take, based on their vote. Ostensibly, this was not an action that
could be continued without the Board's approval. The appeal was
indeed a separate action, but some members saw this conclusion as
irrelevant and complained, instead, about the Board's action because
of the climbing legal costs and the lack of disclosure. Sarah Rodrique
led the series of questions asking who voted for the appeal but the
Board remained silent; no one was admitting anything.
Questions about finding the records were put to Association Manager
Richards, but he told the Chronicle he could not look up the record
after the meeting. What about Monday? His answer was that Monday
was his birthday and he was not coming in to work. Tuesday he could
handle the request.
In the days since this matter was first raised, Association sources
have indicated that the Board did not have a meeting at all, and no
vote was taken but a meeting Tuesday, September 17, 1996 was held
to "reaffirm the vote". In effect, the Board, on Saturday, September
14, 1996, could not tell the membership how the Board voted be-
cause they had not formally met to decide on the question of the
appeal. The membership had not been consulted either. Mr. Richard
Moore, attorney, said that there was no time to notify the member-
ship and stay within the 30-days given for the decision to appeal,
after the Franklin County Commission's August 6, 1996 hearing on
the Resort Village matter.
President Hartley: "I strongly feel that what we're
doing is in the best interests of a majority of people
in the Plantation, and that we have a mandate by
virtue of the fact the last two elections the candi-
dates have been...are opposed to...or are for "man-
aged growth."

Commissioners could not have been accomplished in time to make
the appeal. Attorney Moore added that there was a "time crunch",
within 30 days, from August to early September. He added that the
Board could have withdrawn the petition at anytime. Mr. Hartley then
turned the discussion to: "I would have to say that anybody who
wants to be on this Board, all you have to do is run. It is a very simple
thing. If you want to have an opinion on what this Board does, go out
get votes and...(interrupted by audience who disagreed with his state-
ments)... We think we're doing the right thing."
Question from the floor: "Could we please know who
on the Board voted for this litigation last week?
Hartley: "Look in the minutes. I don't recall."
Jeff Richards: 'This action is a continuation of the
participation in the development process. It's not a
new suit. It's an appeal. A normal process for
challenging..,An appeal of the county's decision. It's
not a new lawsuit..."
Question from the floor: "Did everyone vote for it?"
Hartley: "Do you want to research the record? I don't
(noise and confusion)
Question from the floor: "(Sarah Rodrique) It will only
take a minute."
(noise and confusion)
Charlie Monson: "We're getting into a disruptive stage
that is not productive here."
Hartley: "Did Dick dissent?" (Nod from Plessinger)
"Dick dissented, otherwise it was unanimous."
Sarah Rodrique: "I don't understand why you don't
want us to know..."
(more noise and confusion).
Hartley: "If you really want to check the records, check

7 --- \ iU

Days later, the Chronicle was informed that there was no formal meet-
ing on the decision to take the appeal and sue the Franklin County as
well as Ben Johnson, nor was there any formal vote. Attorney Rich-
ard Moore recommended that the Board meet by next week and "re-
affirm the vote" on this issue. Someone on the Board is presumed to
have told the attorneys to prepare their briefs and proceed agreement
sue Ben Johnson.

B.L. Cosey, outgoing Board member

Bob Shriver

The Security Report, presented by Bob Shiver, indicated there were
three major complaints noted during the past year. High on the list
was the complaint that jet skis were running faster than an idle speed
next to the beach. The second most noted complaint was the tres-
passing of people under houses and over lots in hiking to the beach.
The third most noted complaint was the failure of power and cable
TV. The total number of houses completed in the Plantation number
287 with eleven still under construction. July was the busiest rental
month with a total number of 1100 guests.
A Firehouse Committee Report, presented by member Rod Davis, re-
viewed the history of fire problems on the island and in the Planta-
tion in particular. Some progress has been made on site selection
and building drawings and specifications.

Richard Plessinger

...no matter where you are-
Sours is a service you can trust.
serving all of Franklin County
653-2208 697-3366

Mr. Hartley u uuoley
Ben Dooley challenged the President with Hartley's broadside in the
1995 elections for the Board by reminding him that Hartley, Amato
and Plessinger were opposed to, major litigation unless those plans
were reviewed by the membership. Hartley replied that "...it depends
upon what you consider 'major'", which drew catcalls from the audi-
ence. He said "Do you really want to get into this?" but the "yes" calls
from the audience drowned out his voice. "I recommended three people
to the Board. Two of them voted against, seeking the declaratory judg-
ment. I happened to have been President of the Board and didn't even
vote... Charles Manos pointed out that soliciting membership opin-
ion on the appeal litigation against the Fianklin Board of County

Richard Plessinger presented a status report on the Plantation road
system. The POA contracted to rebuild 1.5 miles of Leisure Lane start-
ing at Schooner's Landing to Hammock Lane ranging from $6.00 per
yard for re-asphalting areas, and $11.50 for completely rebuilding
A new packet, unlike the one sent to POA property owners before the
meeting, was presented to everyone attending the meeting, Those
desiring this packet are invited to write for one by sending their re-
quest to Jeffrey Richards, Operations Manager, in care of the

I -- I

i.ri I



Pane 12 20 September 1996 The Franklin Chronicle


Published every other Friday

The Truth About The

St. George Island Resort Village

A Special Place

The Resort Village is a well planned, environmentally sound project featuring small
boutique hotels and bed and breakfast inns that will be visually compatible with the
existing homes in the Plantation.

Our project will provide luxurious, full service accommodations in a secluded
beachfront setting. It will bring more Franklin County more visitors, who will spend
their money here and help create more jobs for local residents.

Like the small inns and hotels in historic Apalachicola, each of our hotel/inns will
have a distinctive personality and unique charm. These attractive local
establishments will be introduced gradually, as the Resort Village becomes better
known, much as a typical village would grow over time. The first phase, to be
developed over the next half dozen years, will include four small hotel/inns, a few
small restaurants, a conference center, and a beach club that will offer memberships
to local residents and vacation homeowners.

The Battle

During the past five years, we have listened carefully to the concerns and opinions
of people in the community. We have made numerous changes to our plans, trying to
improve the project and be responsive to constructive criticism. Yet, despite our
many efforts to accommodate the concerns of our neighbors, a small group of the
Plantation owners continues to oppose us at every turn.

When our project was before the Governor and Cabinet, our opponents successfully
argued that the remaining issues should be resolved at the local, rather than state,
level. When we complied with this requirement last year, the County Commissioners
initially voted to move toward finalizing our plans at the local level.

Then, our opponents changed their mind and demanded that our plans be
resubmitted to the state and regional agencies for still another round of detailed
review. We complied, resulting in many months of additional delay and expense.

After nine months of intensive scrutiny, the state and regional agencies once again
gave us the green light, and we resubmitted our plans to the Board of County
Commissioners. Not satisfied with the results of the review process they themselves
had insisted upon, our opponents then urged the Commissioners to reject our plans,
thereby ignoring the advice of the state and regional experts.

In their most recent procedural twist, our opponents have filed a lawsuit in Circuit
Court in an effort to take the issue out of the hands of the County Commissioners, or
at least to burden our project with further delays and legal expenses.

Throughout this lengthy and circuitous process, we have repeatedly adjusted our
plans in an effort to accommodate our opponents. But whenever we dispose of a
particular objection, often at considerable cost, they always find new issues to
complain about. Whatever procedure we follow, it is apparently never the right one--
even though we are following the exact procedure advocated by our opponents, and
required by the Commissioners and the agencies.

In an effort to build political support for this unyielding opposition, our opponents
have developed an expensive, professionally orchestrated campaign of public
opposition to our project. However, the success of this effort has been built upon
false and grossly exaggerated claims concerning the status of our project and its
potential impact.

The 1977 Development Order

The Resort Village property was selected for this development because it is
approved under the 1977 Development Order for "one or more high quality resort
hotels or motels, together with such affiliated uses as may be appropriate or
desirable, such as tourist shops, restaurants, recreational amenities and similar

We acquired the Resort Village site and accompanying development rights in a
series of purchases beginning in January 1991. During the past five years, we have
diligently obtained all of the necessary permits for the Resort Village--in most cases
by exceeding the standard permit requirements by a huge margin.
Due to the provisions of the 1977 Development Order, and our success in fulfilling
the stringent environmental requirements set forth in that order, we clearly have a
vested right to develop the Resort Village.

Don't just take our word for it--consider the opinion of our opponents' attorney.
During a presentation to the Governor and Cabinet last year, when speaking in
opposition to our earlier plans for multi-family residential development, our
opponents' attorney admitted we were "vested to develop commercial," and "vested
to develop hotels."'

Under Sections 163.3194 and 163.3202, Florida Statutes these vested development
rights supersede any inconsistent or contrary provisions of Franklin County's
Comprehensive Plan and zoning ordinances.

Consider Our Size

Altogether, the four small hotel/inns in Phase I will include just 114 rooms and
suites, sleeping approximately 285 people. To put this into perspective, realize that
there are.already hundreds of houses, apartments, and motel rooms on St. George
Island that are being commercially marketed as overnight accommodations. All told,
these existing accommodations sleep approximately 4,250 people, and the total has
been expanding rapidly as more and more visitors discover the area.

Comparing our proposal with the existing market, it is apparent that our first phase
will increase the total quantity of tourist accommodations on the Island by less than
7%. We don't think this is excessive, especially since the number of visitors to the
Island is growing rapidly each year, and our accommodations will be phased in
gradually, over a number of years.

Our Density is Reasonable

While some of our opponents claim our proposals involve "high density," this is not

a fair characterization. This term inaccurately conjures visions of high rise
development in Panama City Beach and similar areas, where densities are far, far
greater than the Resort Village.

In fact, the Resort Village will have approximately half the density allowed
under the 1977 Development Order as it has been interpreted by the Board of
County Commissioners and other agencies. (We will have less than 15 units
per acre, compared with 25 to 30 hotel units allowed per acre.) This is
moderate density in absolute terms, and low density in a commercial context.

Protecting the Bay

By our willingness to exceed the standard permit requirements, to reduce our
density below previously approved levels, and to establish unusually large
setbacks from the marsh, we have demonstrated our strong commitment to
protecting the Bay.

We have spent over four years researching, planning and designing a low-
density, environmentally-sensitive development, including a state-of-the-art
wastewater treatment plant. We are confident this facility will be more reliable,
and provide a higher level of protection, than any other facility in Franklin
County. But the inescapable truth is that all development results in some
impact, and it all carries some risk of pollution. To fairly evaluate our project,
it is necessary to place it into perspective.

Compare Pollution Risks

Despite any claims to the contrary, our advanced wastewater treatment facility
will introduce a much smaller quantity of potential pollutants into the
groundwater than other development on the Island. Taking into account the
benefits of its vastly superior technology, upon buildout this plant will emit
potential pollutants that are equivalent to the output of approximately 30
aerobic septic tanks of typical household size. We don't think that is excessive
in the context of a 58-acre site.

In comparison, the Plantation already has roughly 300 homes on septic tanks,
and it will have approximately 750 at buildout, (roughly one per acre). Thus,
the houses in the Plantation are producing up to 25 times more potential
pollution than our project. Those houses aren't hurting the Bay, and our project
woi't either.

It should also be recognized that the Gulf Beaches commercial area in the
center of the Island is being developed on septic tanks, without significant
opposition. Yet, that development emits a far higher volumes of potential
pollutants than our project. In fact, the Resort Village involves a much lower
level of pollution risk than development of a similar size elsewhere on the

Sometimes a graphical comparison helps. The graph below shows the amount
of potential pollutants' generated by the Resort Village treatment plant,
compared to those generated by septic tanks in the Plantation and in the Gulf
Beaches commercial area. To facilitate direct comparisons, we've shown the
daily amounts of nutrients and other potential pollutants produced per acre.

Effluent Comparison


0.40 -

0.30 -

Gulf Beaches


Resort Village

[0 BOD 3 Suspended Solids Nitrogen U Phosphorus

A Pledge Revisited

This newspaper recently printed our pledge to help pay for an independent
environmental expert for Franklin County, whose only loyalty would be to the
Bay and the people of this community, provided our opponents in the
Plantation would pay the other half.2 This expert could criticize poorly planned
development projects and compliment those that deserve praise. He could work
with the community in finding ways to protect the working waterfront and to
maintain the beauty and productivity of the Bay.

We thought this was an idea worth trying, and hoped the Plantation owners
would agree. Cooperating to fund an expert would cost a small fraction of what
it costs to maintain the 24 hour security force that protects their privacy. We
hoped they would agree that the Bay deserves protection just as much as their

To date, they haven't accepted our challenge. When it comes to actually
protecting the Bay, rather than fighting our project, their wallets have remained
uncharacteristically closed.

Some Closing Thoughts

The Resort Village will be a rare, unspoiled oasis of beauty and tranquility.
Once people actually see our project, we think they will wonder what all the
fuss was about-and why so much energy and treasure was spent opposing it.

Please take the time to learn the facts. If you have any questions or concerns, or
would like additional information or documentation concerning our project,
we'd be happy to talk with you. Please call us at (904) 893-3000.

1. The graph compares Biological Oxygen Demand (BOD), Suspended Solids, Nitrogen and Phosphorus.
Another important potential pollutant, Fecal Coliforms, cannot be readily compared on the same graph, since
it is not measured in pounds. Our facility will remove essentially 100 percent of this pollutant, while aerobic
septic tanks are far less effective in removing this pollutant. Therefore, a graphical comparison of potential
pollution from Fecal Coliforms would favor the Resort Village even more dramatically than the nutrient
comparison shown here.
2. This commitment is limited to a maximum of three years, or $50,000, whichever limit is reached first.
Thereafter, if the concept has proven successful, we will work with the local community in developing a
permanent source of funding.

Paid Advertisement by Resort Village Utility Company, Inc. and The St. George Island Resort Village



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