Title: Franklin chronicle
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00089928/00048
 Material Information
Title: Franklin chronicle
Physical Description: Newspaper
Language: English
Publisher: Russell Roberts
Publication Date: October 18, 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: VID00048
Source Institution: Florida State University
Holding Location: Florida State University
Rights Management: All rights reserved by the source institution and holding location.

Full Text

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...page 9

Published Every Other Friday

ra nklin Chronicle

Volume 5, Number 21


October 18 31, 1996

Ben Johnson Takes the Offensive

POA Sued for Defamation

and Breach of Contract

A Report and Commentary by Tom W. Hoffer

On October 8, 1996, Dr. Ben Johnson and his Coastal Consultant
group along with Resort Village, Inc., has opened new litigation against
the St. George Island Plantation Owners Association (POA) for defa-
mation, collectively against the Board of Directors, and individually
against Board President William "Bill" Hartley and Jeane McMillian.
Also, in response to litigation started by the POA against Johnson
and Resort Village (as defendants), Dr. Johnson has filed an Answer
to that lawsuit charging that the POA had breached their contract
with him. This second litigation is a counter-claim in the so-called
declarative judgment started by the POA in May. The POA was seek-
ing a judgment that the agreement was invalid. This lawsuit was
claimed by spokespersons from the POA not to be a lawsuit against
Johnson per se, but the parties have now been joined in litigation in
the classic sense because of Johnson's counter-suit. This develop-
ment in the continuing and controversial relationship between Dr.
Johnson and his commercial development in the Plantation and the
Board of Directors of the POA was one of the outcomes predicted by
attorneys and the previous POA President Lou Vargas. Dr. Johnson's
response generally in his counter-claim is that the agreement struck
in 1992 was a valid contract and that the POA has breached the
': agreement.
In all litigations, Johnson's attorneys are requesting the cases be
heard by juries.
The timing of these litigatlbon follows the Franklin County approval"'
of the applications of Resort Village for approvals of the commercial
development near Nick's Hole in the island community. On October
3, 1996, the Franklin Board of County Commissioners approved an
ordinance amending the Comprehensive Plan to change the permit-
ted land use from residential to commercial on a 3-2 vote. They also
approved an amendment to the 1977 Development Order approving
specific plans for development of Resort Village, Phase I. A Planned
Unit Development (PUD) was also approved by the County Board which
also contained review standards and procedures for the Phase I plan.

Defamation Defined
According to the late William L. Prosser, author of the treatise on
the Law of Torts (several editions), defamation has actually two
torts (1) Libel and (2) Slander. Libel is generally written and Slan-
der is generally oral. Both torts require, as an element of proof,
that whatever is alleged to be defamatory, must be communi-
cated to third parties and affect, as a result of the defamation,
the interest and good name of the person defamed, Prosser also
adds "It must be confessed at the beginning that there is a great
deal of the law of defamation which makes no sense." But, in
general terms, the definition includes words that tend to "injure
reputation in the popular sense; to diminish the esteem, respect,
goodwill or confidence in which the plaintiff is held, or to excite
adverse, derogatory or unpleasant feelings or opinions against

The defamation lawsuit seeks damages and punitive damages for pub-
lications allegedly written by Hartley and McMillan containing false
and misleading statements. Specifically, the pleading cites Sound-
ings, a publication of the POA, as containing "false, untrue, libelous
and defamatory statements" concerning the proposed wastewater
treatment plant for Resort Village. The statements were written un-
der the byline of Bob Guyon, newly appointed member to the POA
Board of Directors, and Charles Dorn, Association member. The Board
specifically approved the attachment of the two page note to the Au-
gust issue of Soundings. Interestingly, when another member wanted
to write a rebuttal to the Guvon-Dorn material, the Board rejected
the proposal, for fear of "establishing a precedent" one Board mem-
ber was heard to utter.
In the October 1996 issue of Soundings, under the "Legal Update"
column, the Board said:
"The Board wants to assure each POA member that we share
completely in your concern that this homeowners' association
has spent far too much in legal expenses. We are committed to
completing the remaining legal actions as soon as possible, but
with the expectation that each outcome will be favorable to our
Up to the beginning of the Johnson lawsuits, the Association had
spent at least $88,000 on previous litigation in 1996. At the annual
meeting in September, President Hartley stated he was sure the legal
expenses would not go much higher but he, of course, did not ven-
ture a prediction.
The POA appealed the incomplete actions of the Franklin Board of
County Commissioners in an August hearing and attempted to seek
an Injunction for the October continuance, but Judge Gary rejected
the injunction request. The appeal is still pending.
The Soundings newsletter concluded "Legal Update" with these words:
"We are working very hard to put these legal issues behind us. It
is important to keep in mind that these legal matters were not
created by the current board. We expect all of these matters to be
resolved in the very near future."

Comment: the Soundings statements are incomplete. The "cur-
rent board" has not completed negotiations with Dr. Johnson,
each side finger-pointing to the other as the reason for failure.
Contributing to the failure of negotiations are reports that some
board and association members are so rigid in their desire to
"stop Resort Village" at any cost, that negotiations are nearly im-
possible, according to statements made at the last Annual Meet-
ing on September 14, 1996. In the meantime, an opposition to
the litigious activity of the Board of Directors is developing in-
volving possible legal action against the Board to stop the litiga-
tions and resume negotiations with Dr. Johnson.

Continued on page 6

Annief Rall

u., a % I.

The American Library Association
(ALA) will award the David H. Clift
Scholarship of $3,000 to Eileen
A. Hall, of Eastpoint, Fla. The
scholarship is named in honor of
a former director of the American
Library Association (ALA).
Ball is director of the Franklin
County Public Library. She at-
tends the School of Library and
Information Science at Florida
State University. She has a love
of books and an interest in hu-
manities, as well as varied back-
ground as an entrepreneur. Ball
is also an award-winning poet and
published writer. She holds a
bachelor's degree in English/Writ-
ing from Long Island University
in South Hampton
The Clift Scholarship is one of
several scholarship awards under
the American Library Association
Scholarship Program made pos-
sible by funding from endow-
ments established with contribu-
tions from individuals, groups,
and companies.

/,-- *-,' -

Point resident Bunky
Atkinson presents DCA map
to the board of county


F lower


Fire Destroys Carrabelle Business
The Flower Shoppe on Tallahassee Street in Carrabelle was severely damaged on November 11 by a
fire. Carrabelle Police Officer Jonathan Riley reported that, at approximately 2:00 a.m., he ob-
served smoke coming from the noted business. The Carrabelle Volunteer Fire Department, re-
ported Riley, arrived at the burning building "about two minutes later." Tex Spradlin with the
volunteer fire department said that the fire was extinguished in approximately 15 minutes with
the help of two fire trucks and approximately 10 volunteer fire fighters. He said that, while the
State Fire Marshall believes the cause to be arson, he believes the fire looked like "spontaneous
combustion" from an electrical problem. He noted that the "spider web" crack in the facility's
1 glass indicated that the fire had smoldered for a long time. Mr. Spradlin said that the fire started in
I the rear end of the business within a closet. He said that the back door was locked when fire
fighters sought entrance into the business. Carrabelle resident Pat Howell was the owner of the
Carrabelle business.

Proposed RV

Park for the

Point Again


Following an October 15 public
hearing, the fate of a proposed RV
Park on Alligator Point still re-
mains in the balance as Franklin
County Commissioners tabled
site plan approval of the project
for an additional 30 days.
Approximately 40 residents
crowded into the Franklin County
Courthouse to express their
heavily anti-RV park sentiments
at the public hearing. Opponents
of the proposed park charged that
the park's site was located on
Residential rather than Commer-
cial property. In addition, it was
noted that the site plan request
from David Apodaca changed. The
new site plan requested that 58
RV spaces, instead of the previ-
ously requested 14 spaces, be al-
lowed for the project.
Alligator Point resident Bunky
Atkinson presented board mem-
bers with a 1987 map from the
Department of Community Affairs
(DCA) that listed the property in
question as residential. Ms.
Atkinson said that, for months,
she searched the offices of the lo-
cal tax collector, tax appraiser and
clerk of the court for an answer
to the correct zoning of the pro-
posed park site in Alligator Point.
In addition, Atkinson said that
she also checked with the offices
of the Apalachee Regional Plan-
ning Council and the Department
of Community Affairs for an an-
swer to the zoning question. "I was
invisible," declared Atkinson. She
continued, "I know I'm short, but
I'm not invisible. She declared
that, "by nefarious means," she
obtained a map from DCA that
listed that contended property as
County Planner Alan Pierce said
that the planning office "used
their best judgment" in creating
a map for the county in 1992. "I
wasn't even here in 1987," said
Pierce in regard to the DCA ap-
proved map. He continued, "I
used the records that were avail-
able." Pierce further charged that
none of the maps contained sig-
natures. Ms. Atkinson responded
that such signatures could be
found at the DCA office in Leon
Mr. Pierce told board members
that, in regardto the increased
RV space request, there were
guidelines that determined how

many RV spaces per lot that a
developer could request. He said
that he depended on the State
HRS office to guide him in such
matters. He contented that, for
property zoned C-3, such devel-
opments were allowed: boat
ramps and marinas, recreational
vehicle parking and camping, fish
camps, motels and hotels and res-
taurants. Board Attorney Al
Shuler concurred with Pierce and
told board members that the
property in question appeared to
e zoned commercially.
David Apodaca, President of the
Pride of the Point Marina, told
board members that he pur-
chased the property in question
with the knowledge that it was
commercially zoned. He pointed
out that the Franklin County
Planning and Zoning Commission
recommended approval for his
proposed project. "I have met all
of the procedures," insisted
The board unanimously agreed to
again review the site plan request
from Mr. Apodaca at their
November 19 regular meeting at
1:30 p.m.

David Apodaca

Pat Howell pleads with City
Commissioners for better
police security

Residents Complain
of Crime and Cable
Services at
Carrabelle Meeting
Carrabelle residents voiced their
opinions on such matters as
crime prevention and limited
cable services to the area at the
'October 14 meeting of the Carra-
belle City Commission.
Resident and former business
owner Pat Howell pleaded with.
commissioners to ensure better
police patrolling of the Carrabelle
business district. Ms. Howell, who
recently lost her florist business
due to a suspected case of arson,
told commissioners that someone
had previously attempted to set
fire to her business. She told com-
missioners that, following the said
disturbance, police officers did
not investigate the matter. Howell
further claimed that officers failed
to patrol the business district in
Carrabelle adequately. "Anything
Continued on page 6

Protecting Your Business Is Our Business.

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PrI6 g%


Page 2 18 October 1996 The Franklin Chronicle


Published every other Friday



Notes from the October 15
Franklin County
Commission Meeting
*The board voted 4-1 to hire
Mitchell McAlphin as a heavy
equipment operator for the Road
Department. The board hired
McAlphin at the annual entry level
salary of $13,200. Commissioner
Jimmy Mosconis urged board
members to refrain from interfer-
ing with the hiring and firing poli-
cies of the road department's su-
pervisor, Prentice Crum. "It ap-
pears that we're hiring this per-
son (McAlphin)," said Mosconis.
He continued, "when we do that,
it will be our job to fire this per-
son." Chairperson Dink Braxton
stated that the board previously
participated in the firing of road
department employee, Leonard
Brownell. Mosconis said that it
was contrary to the board's rules
to engage in firing and hiring of
such employees. Braxton coun-
tered, "let's not get into the rules,
then we're gonna' get into a big
argument. I don't think we follow
the rules to start with." Commis-
sioner Mosconis voted against the
decision to hire McAlphin.
*Commissioner Bevin Putnal
alerted board members to a po-
tential vegetation problem at Car-
rabelle Beach. He said that a large
amount of Spanish Bayonet
plants were located on the right-
of-way in Carrabelle Beach. He
question whether the county
would be liable if someone was
injured from the plants. Board
Attorney Al Shuler responded that
the county would be liable. Put-
nal stated that the Spanish Bayo-
nets were probably planted by ad
nearby business owner with the
purpose of discouraging individu-
als from driving on the right-of-
way. Superintendent of Public
Works Prentice Crum said that he
would have his work crew address
the vegetation with a grader and
"make them all disappear." The
board agreed to have the road
department address the problem.
They also agreed to contact the
owner of the Spanish Bayonet
plants to inform them of the
county's intent in relation to the
*The board agreed to direct
County Engineer Joe Hamilton to
review whether the county could
install two speed bumps on
Newman Drive in Lanark Village.
*Solid Waste Director Van
Johnson informed board mem-
bers that he had spoken to a
representative from Argus Ser-
vices in concern to the recent
price increases for commercial
businesses. He said that, accord-
ing to the Argus representative,
the business was prohibited from
raising prices in the first two years
of their contract with the county.
In the next two years of the con-
tract, he said that Argus alleged
that the billing prices have re-
mained constant. Johnson said
that, in the fifth year of the con-
tract, the company raised fees
approximately 30 percent plus the
level of the consumer price index.
"That would make it about a 40
percent increase," said Johnson.
He said that, according to Argus
Services, those who have been
charged above the 40 percent in-
crease will receive an downward
adjustment to their bills. Commis-
sioner Mosconis complained that
the noted company had raised
their rates previously. "I'm one of
them (customers)," said Mosconis,
"and I know it's (billing rates have)
gone up." At the request of Mosco-
nis, Solid Waste Director Van
Johnson agreed to find out more
about the price increase from
Argus Services.
*Commissioner Raymond Will-
iams suggested that the board
create a mandatory garbage pick-
up ordinance on Alligator Point.
He said that the point area had
been victimized by an influx of il-
legal dumping. Solid Waste Direc-
tor Van Johnson commented that
an area located near the Apala-
chicola Municipal Airport had
similarly been littered. Attorney Al
Shuler agreed to determine
whether the board could draft
such an ordinance for just Alliga-
tor Point. 'The thing about man-
datory (garbage pick-up) is that
they have to pay whether they use
it or not," said Shuler, "and you
will get a lot of flack for that." The
board also agreed to contact the
sheriffs department, the freshwa-
ter game & fish commission as
well as the marine patrol to alert
them of the situation.
*County Extension Agent Bill
Mahan announced that the
Florida Department of Transpor-
tation had agreed to fund the
statewide 4-H Seat Belt Safety
Program for the 1996-97 fiscal

year. He reminded board mem-
bers that Franklin County was
ranked number one in percentage
of students participating in the
program. Mahan said that stu-
dents from Brown and Chapman
Elementary School participated in
the event. He also noted that
middle and high school students
from Carrabelle also participated.
*The board agreed that, instead
of requiring SHIP applicants to
pass a drug test, they would re-
quire the applicants to sign a
resolution pledging to keep the
homes drug-free. County Planner
Alan Pierce said that no county
in Florida required SHIP appli-
cants to pass a drug test. He said

that only Escambia County re-
quired applicants to sign such an
ordinance. Pierce further noted
that requiring SHIP applicants to
pass a drug test would have the
legal and financial complications.
He said that each drug test would
cost the county $39. Commis-
sioner Edward Tolliver noted that
the resolution would lack the
power to enforce a drug-free SHIP
housing policy. Pierce concluded,
"I just don't want to make a slow
moving program any slower than
it already is."
*County Planner Alan Pierce in-
formed board members that, ac-
cording to the Florida Department
of Transportation (DOT), the DOT
would schedule a design and
building project for the St. George
Island Bridges in the fiscal year
of 2000-2001. The project, said
Pierce, would cost the DOT ap-
proximately 54 million dollars.
*The board agreed, at the request
of Jim Sullivan, to postpone a
hearing for a rezoning request
from Sullivan for 30 days. Mr.
Sullivan has requested that an
8.3 acre parcel of land be changed
from R-la (Single Family Subdi-
vision) to R-7 (High Density Resi-
dential). The requested hearing
will be re-scheduled for the first
week of December.
*County Planner Alan Pierce in-
formed board members that the
county engineer and he planned
to move the current location of the
heli-pad on St. George Island from
its' current location to the inter-
section of 4th Street East and Gulf
Beach Drive. He said that FAA
had agreed to the noted location
*County Planner Alan Pierce in-
formed board members that they
needed to correct an error in Sec-
tion 450.2(b) of the zoning code
as recommended by the Franklin
County Planning & Zoning Com-
mission. Pierce said that the sec-
tion dealt with limitations on com-
mercial signs adjoining residen-
tial areas. The section, said Pierce,
currently read..."except that on-
premise signs my be located
within 50 feet of the residential
district." He said that the section
should read..."except that on-
premise signs may NOT be located
within 50 feet of the residential
district." The board agreed to set
a public hearing on the matter at
a later date.
*Commissioner Jimmy Mosconis
agreed to participate with the
Franklin County Health Depart-
ment in an interview process to
hire a director for the county's
public health unit.
*The board voted 4-1 to direct
Attorney Al Shuler to research the
revenue generating difference be-
tween a one cent sales tax and a
six cent local option gas tax for
the purpose of funding county
road repairs. Commissioner Ed-
ward Tolliver voted against the
board's action.
*The board approved an interlocal
agreement between Franklin
County and the Carrabelle Airport
and Port Authority. Under the
interlocal agreement, the Plan-
ning and Building Department
and Building Officials of the
County will serve the Carrabelle
Airport and Port Authority as their
building and permit authority. In
exchange for the county's ser-
vices, all fees generated by build-
ing permits submitted from the
Port Authority will be turned over
to the county. County Planner
Alan Pierce said that the agree-
ment would make his job more
complicated. He concluded, "in-
stead of working for Port Author-
ity through the City of Carrabelle,
I'll be working for the Port Author-
ity through you all (Franklin
County Commission)."
*Chairperson Dink Braxton in-
formed board members that the
MSBU tax had generated the
noted revenue amount for the fol-
lowing volunteer fire departments:
Alligator Point ($4,591), Apalachi-
cola ($2,734), Carrabelle ($2,953),
Dog Island ($739), Eastpoint
($5,868) and Lanark Village-St.
James ($4,950).
*The board agreed to reschedule
a public hearing for the
Grammercy Plantation on Novem-
ber 19 at 5:00 p.m.
*The board agreed to table a re-
quest from Dr. Edward Saunders
to rezone a 24 acre parcel of land
in Lanark Village from R-l to
R-la to the next regular board
Dr. Saunders informed board
members that the First American
Title Company had agreed to al-
locate approximately $1,200 to
the county for the purpose of hav-
ing the access roads paved. Dr.
Saunders told board members
that he was willing to donate two
parcels of property worth ten to
twenty.thousand dollars in order
to assist landlocked residents in
Lanark Village. County Engineer
Joe Hamilton determined that it
would cost approximately $5,400
to have an access road paved.


Requests and

Recognition at

School Board


The Franklin County School
Board addressed complaints from
county residents, reviewed a re-
quest from the local teachers as-
sociation and also recognized a

high school student during the
course of a 3-hour meeting on
October 10 at Chapman Elemen-
tary School.

Sherman Thomas
Apalachicola resident Sherman
Thomas informed board members
that a new organization had been
formed through the St. PaulAME
Church to address student issues
at Apalachicola High School. The
organization, he said, was called
Students with Voices (SWV). Tho-
mas said that the group consisted
of students and parents.
Mr. Thomas said that several is-
sues were brought up at the
group's meeting in September.
Some of those issues, said Tho-
mas, included a lack of diversity
in the school's athletic program,
inadequate appliances in the
school's restrooms and a failure
to provide the school's football
team with refreshments during a
previous ball game. Thomas
pointed out that a restroom lo-
cated near the school's lunchroom
contained no running water. He
further noted that the basketball
and football programs at Apala-
chicola High School lacked in-
structional diversity. Thomas also
urged board members to ensure
that disciplinary actions were en-
forced equally.
'There is a disparity in our school
system," said Thomas, "I don't
know if many of you are aware of
this." He concluded, "now maybe
some of you here would agree with
me or perhaps you may disagree
with me that these types of issues
do not need addressing, but I
think they do."
Thomas said that the SWV group
would meet next on October 22
at the education building of the
St. Paul AME Church. He said
anyone could join the SWV com-
mittee or just participate at the
meetings if they so desired.
Ms. Elinor Mount-Simmons and
Teresa Jones with the Franklin
County Teachers Association re-
quested that the board consider
supporting a state referendum for
1998 to fund education at the pre-
lottery percentage of the general
Ms. Jones said that, if the refer-
endum was effective presently,
over $850,000 would be allocated
to the local school district. "What
we're planning on doing," said
Jones, "is being at each of our
voting precincts and participating
in a state-wide petition drive."
Jones estimated that Franklin
County would generate at least
1,000 signatures for the proposed
referendum. The board agreed to
review the matter and come to a
decision at a special meeting prior
to the November 5 general
Resident Ricky Lichardello com-
plained that several high school
students have been bothering his
son on the school campus.
Lichardello said that his son had
recently been expelled for engag-
ing in a brawl with the noted stu-
dents. "He was forced in taking
his part to fight back," said
Lichardello, "my son is a victim
of the system." He complained
that the students stole his son's
shoes and t-shirt from his locker
and urinated on the items. "Noth-
ing was done about that," said
Lichardello. He asked, "what hap-
pened to the good old days when
the one who caused it was sus-
pended?" He further questioned
board members who would reim-
burse him for the ruined t-shirt
and tennis shoes.
Lichardello told board members
that, if they did not address the
situation appropriately, he would
take the matter to a higher au-
thority. "I have three gears," said
Lichardello, "that's fast forward,
neutral and wide open. When it
comes to my kids, nobody better
get in my way." Mr. Lichardello
agreed to meet with Superinten-
dent C.T. Ponder in order to make
a formal complaint on the mat-
ter. All formal complaints must be
made at least 10 days prior to a
board meeting in order to contact
all relevant individuals for rebut-
tal purposes of a given matter.
In other board business:
*The board unanimously agreed
to purchase one new school bus
annually for the 1997-98 and
1998-99 school years. District
Supervisor of Transportation
Conrad Meyer noted that the
State of Florida recommended a
10 percent increase annually in
district transportation. He said
that, since 1988, the district failed
to purchase a new bus in four of
the years. Board member Willie
Speed instructed fellow board
members that, if they failed to vote
to purchase additional transpor-
tation vehicles, he would remind
them of their decision the next
time the district had transporta-
tion problems. He noted, "The
school board needs to furnish
adequate transportation for the
students. And, as it is now, we are
not furnishing adequate trans-
portation. That is the bottom line."

*Board member Willie Speed
urged board members to prepare
an organized list of priorities for
capital projects. He said that, on
September 5, board member
Jimmy Gander had requested
that the board be apprised of all
work that needed to be completed
in the district. "I certainly agree
with that," noted Speed. He told
board members that he wanted to
have a long-range planning com-
mittee to help organize such
project priorities. The committee,
said Speed, should consist of the
district superintendent and ad-
ministrator, each of the four prin-
cipals in the school district and
one school board member.
*The board agreed to adopt a reso-
lution for participation in the Pan-
handle Management Development
Network for the 1996-97 school
year. The network will provide
management training, technical
assistance in Human Resources
Management Development, multi-
district cooperative planning as
well as assistance with the devel-
opment and implementation of
the Human Resources Manage-
ment Development Plan.
*The board approved a coopera-
tive agreement for GED testing of
inmates. The cooperative agree-
ment will be established between
the Franklin School Board, Fran-
klin Work Camp and Franklin
County Jail. The agreement will
provide that the school board of-
er GED testing to state and
county inmates through the use
of a point pool. The point pool will
be maintained by the Franklin
Work Camp Director and Frank-
lin County Sheriff or a designee
of the sheriffs department. In the
point pool, county and/or state
inmates will credited with points
for services rendered to the school
district. Those service points will
be used in determining GED test-
ing credits for the inmates.
In order for an inmate to be eli-
gible to participate in GED test-
ing, the inmates must success-
fully pass the pre-GED test and
also receive a recommendation to
take the test by either the camp's
major or the sheriff/designee.
Over the past 3 years, the Frank-
lin County School District has
provided GED preparation classes
for inmates at the Franklin Work
Camp and the Franklin County
Jail. The GED test has been of-
fered to inmates once annually.
Funding for GED testing has pre-
viously been provided by the
Florida Literacy Coalition. How-
ever, according to a October 2 let-
ter of correspondence from Fay
Burton to Superintendent Ponder,
such funding no longer exists.
*The board approved a proclama-
tion for Red Ribbon Week. Ms. Fay
Burton announced that Red Rib-
bon Week was scheduled for Oc-
tober 24-31. She also requested
that those present at the board
.meeting sign a pledge to refrain
I from using illegal drugs or from
the illegal use of legal drugs.
*The board agreed to add an ad-
ditional hour of speech services
at Carrabelle High School. The
additional hour increased the to-
tal daily instruction to 6 hours.
*The board agreed to hire Terry
Quinn for an alternative teaching
position at Apalachicola High
School and Stephanie Beebie for
a food service manager position
at Carrabelle High School. The
board also agreed to hire Diana
Smith and Dawn Morris for par-
ent educator positions with the
.Even Start Program. The salaries
and benefits of the Even Start
employees will be paid through
federal project funding.



at City


The Apalachicola City Commis-
sion unaniriously approved two
ordinances at their October 8
regular meeting. The first ap-
proved ordinance prohibited the
dumping of garbage on or adja-
cent to any publicly owned city
property. The other ordinance in-
creased the plot price at Magno-
lia Cemetery from $100 to $300
per grave space (see ordinances
on page 3).
In Other board business:
*The board agreed to appoint resi-
dent Sandy Howze to the Board
of Adjustments. However, board
members further agreed to move
Mr. Howze to the city Planning
,,and Zoning Committee when the
first vacant seat becomes avail-
able. The board will consider pos-
sible appointments to the Com-
munity Development Block Grant
(CDBG) Advisory Task Force
Committee and Community Rede-
velopment Agency at their regu-
lar November meeting.

*John Miller announced that he
would no longer seek a permit for
a dock extending into the Apala-
chicola Bay. He said that, after a
two day hearing, he was no closer
to obtaining a permit for the dock.
"It's not gonna be accomplished
in a short term," said Miller, "it's
gonna be a long term effect."
*The board unanimously adopted
a resolution to declare November
as National Epilepsy Awareness
*The board agreed to close 4th
Street to Highway 98 on Avenue
C for the Florida Seafood Festival
on November 1, 2 and 3.
*At the suggestion of Commis-
sioner Wallace Hill, the board

unanimously agreed to allocate
$1,200 for the purchase of a new
computer for city hall.
*Mayor Bobby Howell informed
board members that the Sabal
Palm Trees at Lafeyette Park were
being affected by some type of
fungus. He said that representa-
tives from Tallahassee Nursery
would visit the park to treat the
palm trees, address weed control
problems and also replace some
of the flowers in the semi-circle
of the gazebo for approximately
$1,500. The board agreed to allo-

cated the noted funding for such
service to Lafeyette Park.
*Resident Nancy Dennis informed
board members that some of the
recreational equipment in the
city's parks had been damaged.
"It's certainly not up to standards
for safety or for playfulness for the
children," said Dennis, "and I
think there are two sectors of our
community that we need to pay
special attention to...and that is
the seniors and the children." Ms.
Continued on page 5

Student Recognized at School
Board Meeting

.; .

i \ i

I jl

(From left to right) Chairperson Will Kendrick, Superintendent
C.T. Ponder, Apalachicola High School Student Despina Will-
iams and Board member Katie McKnight in background.
Apalachicola High student Despina Williams was recognized at
the October 10 meeting of the Franklin County School Board for
service to kindergarten students. In a letter of commendation
from Director of Curriculum Rose McCoy, Ms. McCoy noted that
Despina Williams had "worked diligently" with the kindergarten
teachers in the district to design the report card for kindergarten
students. In addition, McCoy noted that Despina Williams
designed the cover for all elementary resource guides for the
1994-95 school year.


"21st Street, Greater Apalachicola" This well maintained,
12 yr. old, two story home is sitGated 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. .'
11-11 s .- A r, rl\n

Ca todaay! $75,000
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 1 D

Expect the best!

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

- : 7- -- -- -


Published every other Friday


The Franklin Chronicle 18 October 1996 Page 3

Editorial and Commentary

The James Madison Institute, Tallahassee

Florida General Elections: How

Much Choice Do We Really Have?

By Daniel F. Walker
In the 1952 case of Alexander v. Booth, the Florida Supreme Court
stated, "The primary meaning of the word 'election' is choice; the act
of choosing...The word 'election' when standing alone is defined as
the act of choosing; choice; the act of selecting one or more from
Unfortunately, when the issue turns to Florida general elections,
"choice" is more a wonderful theory than a practice.
Some weeks ago the Republican Party crowed about fielding candi-
dates for all 23 U.S. House seats in Florida, with the Democrats field-
ing candidates for 20 seats. The "nonchoice" ratio of only 13 percent
of Florida's U.S. House seats is, relatively speaking, good. But con-
sider this: In November, the two major parties will field competing
candidates for only 11 of the 20 State Senate seats to be filled, and
for only 59 of the 120 State House seats to be filled. For the 19 State
Attorney races, the two major parties will field competing candidates
in only four of them; the same ratio applies for the 19 Public Defender
Despite their substantial financial resources, millions of registered
voters, and media visibility, the major parties in Florida are unwilling
or, unable to provide what voters would like in an election: ballot-
qualified candidates vying with one another and offering competing
policy choices.
Unfortunately, this year's general election is just another chapter in
a continuing saga of Florida general elections replete with "take it or
leave it" un-races to fill partisan public offices. Of the 1320 instances
in which State House seats were filled from 1974 through the 1994
general elections, over 49 percent were captured by candidates with
no opposition on the general election ballot. Of the 201 instances of
U.S. House races during the same period, more than 30 percent had
only one qualified candidate on the general election ballot. Of 147
instances in which State Senate seats were filled in general elections
from 1984 through 1994, 42 percent were won by a sole major-party
candidate with no ballot-qualified opponent.
When this happens-when voters only get "a choice of one" in a given
race in a given general election-there is a substantive loss of the
right to vote.
One could attribute this absence of choice to a general public satis-
faction with the status quo. That theory does not jibe, however, with
citizens' strong support for term limits and assorted constitutional
initiatives designed to achieve objectives not championed by the leg-
Why the absence of choices in general elections? Where are the inde-
pendents, Libertarians, and others to fill the competitive void created
by the two major parties?
Welcome to the arcane world of ballot-access law.
According to election-law expert Richard Winger, Florida is one of the
most electorally anti-competitive states in America. In 1994, for ex-
ample, an independent or minor party candidate for a statewide of-
fice would have had to submit more than 196,000 valid petition sig-
natures just to be allowed on the general election ballot. In terms of
number required, that's the highest petition burden in America. (The
second most burdensome standard belongs to California-with more
than twice as many registered voters and citizens as Florida.) For
non-statewide offices (e.g., county commission), a minor-party or in-
dependent candidate must obtain petition signatures from at least
three percent of the entire registered voter base in the district of the
office sought and pay a qualifying fee (if he or she has the funds to do
so). By comparison, a Democrat or Republican candidate has no pe-
titioning burden unless (s)he cannot pay the qualifying fee and even
then must only obtain petition signatures from three percent of the
registered voters of his/her own party-not the total registered voter
base. A stacked deck? You bet.
Establishment politicians and commentators say that campaigns by
alternative candidates "crowd" the ballots with "frivolous" choices,
causing "voter confusion." Ah, yes-mush-minded Floridians who
manage to choose among cereals, physicians, and automobiles might
be "confused" with a choice of several candidates for public office.
Why are voters presumed capable of discerning subtle and not-so-
subtle differences among three, four or five candidates of the same
party (at the primary stage), yet presumed "confused" at the general
election upon finding a menu of several candidates from different
How ironic. Most Democrats, who love anti-trust laws when one or
two companies dominate a market, and most Republicans, who pro-
fess to be champions of competition and consumer choice, seem
to be terribly anti-choice and protectionist regarding the political

: 904-385-4003 (TALLAHASSEE).
ON ''Facsimile 904-385-0830

Vol. 5, No. 20

October 4, 1996

Publisher Tom W. Hoffer
Editor and Manager ................. Brian Goercke
Contributors Rene Topping
............. Tom Markin
Advertising Design
and Production Diane S. Beauvais
.......... Jacob Coble
S Computer Systems Consultant ............... Christian Liljestrand
Proofreader Sherron D. Flagg
Production Assistants .. Jesse Charbneau
........... Crystal Hardy
Circulation. Scott Bozeman
............ Larry Kienzle

Citizen's Advisory Group
George Chapel ...... Apalachicola
Sandra Lee Johnson Apalachicola
Grace and Carlton Wathen ................. Carrabelle
Rene Topping ... Carrabelle
Pat Howell Carrabelle
Pat Morrison St. George Island
Tom and Janyce Louthridge .................... St. George Island
Elizabeth and Jim Sisung. Eastpoint
Bedford and Eugenia Watkins.................Eastpoint
Wayne Childers Port St. Joe
Back Issues
For current subscribers, back issues of the Chronicle are
available free, in single copies, if in stock, and a fee for
postage and handling. For example an 8 page issue would
cost $1.75 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.

The Florida political pie is divided into two slices, one per major party.
Voters too often are left with an empty pie tin.

Daniel F Walker is an associate of the James Madison Institute and is
a Tallahassee attorney whose practice includes election law, estate
planning, and asset-protection planning.

The Big Picture
by James Rex

Note: The following article is the second in a series of columns 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 a Florida Commis-
sion on Community Service environmental grant project known
as Teenspeak Unplugged. The purpose of this series is to raise
awareness in our community about the importance of listening
to young people's ideas, especially regarding issues of the envi-
Kris Halstrom, Teenspeak Unplugged Coordinator

Do you know, off-hand what the big environmental picture is?. I didn't
until I needed a water filter. Even after I installed the filter, I didn't
realize that our actions caused water to be this way. Five to ten years
ago we didn't need water filters. The water we got from our faucet was
good enough for us to use. Today, the water doesn't taste as good and
a water filter is the only way to get that mountain fresh water. Many
pollutants, even in small quantities, cause our water to taste bad.
Now, I'm not the only one. Many people take our purification process
for granted. We figure that if we have to purify our water, and it doesn't
cause us a lot of problems to install the purifier, then this environ-
mental problem is solved. There are many problems, like filtering our
water, that people take for granted. Breathing smoky air, which doesn't
affect most of us, is one, or figuring that we have enough fossil fuel to
use, which seems to be in great quantity.
There are many people now that realize this, but they don't have a lot
of support. Many people are too caught up in surviving or having a
good time to care about the environment. Sure, recycling is a part of
life now, but it is only a small part of the solution. Scientists are still
developing drier diapers and better ways to brush your teeth. Even
finding cures for some of the diseases are not as important as our
environmental issues.
And politicians are not helping. The presidents and congressmen and
women are all gung-ho for the environment when it makes them look
good or the problem gets out of hand, but whenever an election comes
up they are too busy campaigning to think about new laws and regu-
lations to stop these environmental issues from going too far.
We will, over the next 20 or so years run into a HUGE environmental
situation. Whether it's air pollution, or there isn't enough pure water
to drink or even an abysmal hole in the ozone layer, we will have to
face these problems eventually. Scientists and politicians will all work
together to solve this problem, especially now that it is affecting their
We have put ourselves in danger before. A case in point is the Cold
War. But through careful negotiation, we solved the problem by agree-
ing that we wouldn't make any more warheads. With this crisis, how-
ever, we will have to make deal with the environment. If the people in
power, including the governments and the big businesses, do not do
something now, we will eventually be forced into solving it. It'll either
be that, or the environmental problems of today will get out of hand.
So I guess you're wondering, "How does that affect me?" Well, many
practices of the-businesses in the local area are good for a start. For.
example, the seafood houses burn their old oyster bags and trash
instead of paying a small fee to take the trash away or even turning
some of the organic trash into fertilizer. By helping these companies
solve their problems, we can help solve the big picture.
James Rex, 15, resides in Eastpoint and is schooled at home.

Please Note

The telephone number of the Chronicle in Franklin County,
927-2186, has been malfunctioning for several days. In
the alternative, please call 697-2519 (in Carrabelle) or
904-385-4003 (in Tallahassee). The Franklin County num-
ber will be repaired as soon as possible. Thanks for your


(General Practice)
Adoption Divorce Personal Injury
Criminal: D.U.I./Juvenile/Misdemeanor
*Toll Free*
1 (888) 529-2233
Early Morning, Evening and Weekend
appointments are available upon request
Master Card & VISA Accepted
Tallahassee, Leon County
The Hiring of a Lawyer is an Important One. Before You Hire the Lawyer to Whom You are Referred,
Ask That Lawyer for Written Information About the Lawyer's Qualifications and Experience.



Approved by the Apalachicola City Commission on October 8, 1996.
WHEREAS, the City of Apalachicola's existing cemeteries are at near capacity
and the City Commission has found it essential to expand and conserve space
for the future; and,
WHEREAS, the City has created and opened a new section of Magnolia Cem-
etery located to the Southeast of the existing cemetery on 12th Street; and.
WHEREAS, this new section shall be identified hereafter as Magnolia Oaks:
WHEREAS, the City Commission has found it necessary to increase the price
of grave spaces in all City owned cemeteries, described as follows:
Section 2,(1) of Ordinance No. 91-11, City of Apalachicola, Florida,
is hereby amended to read: The price for a cemetery lot in City owned
cemeteries shall be $300 per grave space.
WHEREAS, this Ordinance shall take effect immediately upon its adoption.
NOW THEREFORE, BE IT ORDAINED, by the City Commission of the City of
Apalachicola, that the newly opened section of Magnolia Cemetery shall be
identified as Magnolia Oaks. Also, the price of a grave space for all City owned
cemeteries being set at $300.00.


Approved by the Apalachicola City Commission on October 8, 1996.
WHEREAS, there exists within the City of Apalachicola, Florida, several par-
cels of public property owned and maintained by the City of Apalachicola, and
WHEREAS, these parcels are used for the exclusive use of public parks, cem-
eteries, ballflelds, recreation areas, marinas, and other similar uses; and
WHEREAS, it has been brought to the attention of the City Commission of the
City of Apalachicola that persons are dumping garbage, trash, and other types
of debris onto these properties, and
WHEREAS, the City Commission of the City of Apalachicola finds that this
practice is dangerous and an impairment to the health, safety and welfare of
the citizens of the City of Apalachicola and the public generally, and
WHEREAS, the City Commission of the City of Apalachicola further finds that
this practice encroaches upon the enjoyment of those persons engaging in
outdoor activities and recreation at these public sites.
Section 1. From and after the effective date of this ordinance, no person or
persons shall dump any garbage, trash or any other type of debris whatsoever
onto, or adjacent to any publicly owned city property as previously described,
with the exception of the placement of garbage and trash containers for pickup
adjacent to the nearest alley or street adjoining private residential and com-
mercial properties, only by the owner of said private property.
Section 2. Upon conviction, persons guilty of violating this ordinance shall be
punished by a fine not to exceed $500.00 or be imprisoned for not more than
60 days or both such fine and imprisonment.
Section 3. This ordinance shall take effect immediately upon adoption as
provided by law.



as Camp's


of the


tl unnfi r-" K'
Gulf County resident Marjorie
Peters was selected as the Em-
ployee of the Month for October
at the Franklin Work Camp. Ms.
Peters has served at the Franklin
Work Camp as a clerk/typist
since December of 1995. She be-
gan working in corrections as a
clerk in March of 1995 at Gulf
Correctional Institution.

"It was great to be nominated by
your peers for this honor," said
Peters, "I was so surprised." Ms.
Peters praised the "family-type
atmosphere" of the Franklin Work
Camp. "They're good, caring

people here," said Peters. She con-
tinued, "when I come here in the
morning, I'm in a good mood.
When I leave at the end of the day,
I feel the same way."
Major Royce Pippin of the Frank-
lin Work Camp praised Ms. Peters
for her "can do" attitude and
friendly disposition each day.
"Mrs. Peters improves the morale
of each person she comes in con-
tact with daily," noted Pippin,
"She is very diligent in checking
files and paperwork...this ensures
the smooth running of security
Ms. Peters serves as clerk/typist
for Correctional Probation Senior
Officer Charles Smith. One of her
main job functions has been to
monitor accuracy and movement
for the work camp. With the ac-
curacy section o her work, Ms.
Peters collaborates with security
to ensure that the inmate count
has been correctly noted. With
movement, Ms. Peters has the
responsibility of ensuring that
various inmates have been accu-
rately transferred to other correc-
tional facilities from the Franklin
Work Camp. Other duties include
screening inmate files to ensure
that correct job assignment and
gain time have been recorded. "I
ove researching the files," said
Peters, "it's such a challenge."
In addition to her regular duties,
Ms. Peters has also volunteered
to serve on the camp's Black His-
tory Committee. She was previ-
ously recognized at Gulf Correc-
Continued on page 6

Cindy's oF Canrabelle

COaTr supplies and much aoxe!

QuiTing, knzmnrn, plasnc canvas, heas, Fabhmc

painT, sTrln qlass, cRocheT, cJoss-STITch, books,

kizs, qiFTs, & silk FloweR alznanqemenTs.

Hwy 67 (near 98), Carrabelle, FL 32322

Inpoxmal Lessons on xeCuesr.
You can make ir iy you m7y!


Joyce Estes

S _, Franklin County Commission
S'.Y., District One

Joyce will work to:
* Stop haphazard county spending
* Encourage long range planning
* Update Comprehensive Planning to cope with today's development
* Provide youth activities, programs
* Work out problems in the seafood industry and promote seafood

Call 670-8931 and we will bring
you a ten minute video about

Joyce and her program.

Proven leadership in business and our community.
Pd. Pol. Adv. Paid for by the campaign account ofJoyce Estes (Rep).

Page 4 18 October 1996 The Franklin Chronicle


Published every other Friday

Second Circuit

Felony Court

The Honorable Judge William Gary
Assistant State Attorney Frank Williams
Assistant Public Defender Kevin Steiger
Clifford Jones: Charged with one count of Aggravated Fleeing and
Eluding and Driving with a Suspended or Revoked License, the de-
fendant pleaded No Contest to the charges. Judge Gary adjudicated
the defendant Guilty and sentenced him to, 18 months of probation.
Judge Gary also fined the defendant $255. The defendant was repre-
sented by Assistant Public Defender Kevin Steiger.
Daniel Dillon, Jr.: Charged with one count of Aggravated Battery
with a Deadly Weapon, the defendant pleaded Not Guilty to the charge.
Judge Gary continued the case for pretrial on December 19. The de-
fendant was represented by Assistant Public Defender Kevin Steiger.
Jerry Bunyon, Jr.: Charged with one count of Aggravated Battery
and Resisting Arrest with Violence, the defendant pleaded No Contest
to the lesser charges of Battery and Resisting Arrest with Violence.
Judge Gary withheld adjudication and sentenced the defendant to 18
months of probation. Judge Gary also fined the defendant $255. The
defendant was represented by Assistant Public Defender Kevin Steiger.
According to the probable cause report, the defendant assaulted
Pamela Estes on August 24 after a heated argument. According to
the report, the defendant struck Estes on the mouth, back, chest and
sides. Ms. Estes later contacted the local authorities when the defen-
dant left the home to visit a neighbor. Officers Jack Osburn and Jerry
Proctor arrived and allegedly made contact with the defendant.
The officers allegedly informed the defendant that Ms. Estes was beaten
badly. According to the report, the defendant responded, "I don't give
a f***, she was hitting me." As officers attempted to arrest the defen-
dant, he allegedly resisted arrest and grabbed Officer Osburn around
the neck. Officer Proctor then allegedly grabbed the defendant in a
headlock and tossed both the defendant and Osburn over his hip.
Officer Osburn then, according to the report, arrested the defendant.
Officer Proctor alleged that the defendant requested to have his hand-
cuffs removed so that Osburn and he could "go one on one." Accord-
ing to the report, the defendant allegedly warned, "I'll get you both. I
know where you motherf***ers live."
William Allen Marks: Charged with one count of Possession of Con-
traband at a Detention Facility and Escape, the defendant pleaded
Not Guilty to the charges. Judge Gary continued the case for pretrial
on November 15. The defendant was represented by Assistant Public
Defender Kevin Steiger.
According to the probable cause report, Deputy Michael Moore, Sgt.
Steve Jones and Correctional Officers John Soloman and Erika
'Wilburn were alerted to the smell of "burnt marijuana" in one of the
dayrooms at the Franklin County Jail on August 28. According to the
report, the officers investigated Dayroom C at the facility and discov-
ered the defendant "lying on his stomach with his hands underneath
him" in the noted room. The officers ordered the defendant to stand
up. When the defendant stood up, the officers allegedly discovered "a
lot of small, green leafy substance." The officers further noted that
the defendant had a plastic bag with "leafy substance" protruding
from his waistband. The leafy substance, according to the report,
tested positive for marijuana.
Sherri Hutchins: Charged with one count of Burglary of a Convey-
ance and Third Degree Grand Theft, the defendant pleaded Not Guilty
to the charges. Judge Gary continued the case for pretrial on Decem-
ber 9. The defendant was represented by Assistant Public Defender
Kevin Steiger.
According to the probable cause report, the defendant allegedly ap-
proached Edward Wilson in the parking lot of an EZ Serve facility on
August 23 and asked to borrow $100 to get her car repaired. Wilson
reported that, when he gave the defendant the requested money, she
reached into his shirt pocket and stole an additional $300.
George Richard Needer: Charged with one count of Second Degree
Robbery without a Weapon, DUI, Failure to Sign and Accept a Traffic
Summons and Possession of Less Than 20 Grams of Marijuana, the
defendant pleaded Not Guilty to the charges. Judge Gary continued
the case for pretrial on November 11. The defendant was represented
by Assistant Public Defender Kevin Steiger.
According to the probable cause report, the defendant allegedly as-
saulted Robert Ratlift on September 3 and stole $120 from the victim.
According to the report, the defendant attempted to sell a television
set to the victim. When the victim refused to buy the item, the defen-
dant allegedly beat the defendant and stole his money. Carrabelle
City Police Officer Jonathan Riley noted that the victim had wounds
to his forehead, left cheek, left eye and mouth.
Officer Riley later noticed the defendant driving a station wagon while
he was interviewing the victim. Riley pursued the defendant and
stopped him in the parking lot of the Trading Post Pawn Shop in
Carrabelle. As Riley approached the defendant, he allegedly noticed
blood stains on the defendant's left leg and foot. He further noted
that the defendant had scrape marks on his knuckles.
Officer Riley further noted that the defendant had an open container
of Ice House beer in the front seat of the station wagon. He noted that
the defendant proceeded to consume the alcoholic beverage while he
conducted his investigation. Riley finally noted that, while he con-
ducted an inventory search of the defendant's vehicle, he discovered
an envelop with a small amount of cannabis and $91. Officer Riley
concluded that, while the defendant was at the Franklin County Jail,
he refused to sign and accept two traffic citations.
Amy Sue Stiefel: Charged with one count of Burglary of a Dwelling,
the defendant pleaded Not Guilty to the charge. Judge Gary contin-
ued the case for pretrial on December 9. The defendant was repre-
sented by Assistant Public Defender Kevin Steiger.
Troy Phillip Kelley: Charged with one count of Burglary of a Dwell-
ing, Aggravated Assault with a Firearm and Aggravated Battery with
a Deadly Weapon, Criminal Mischief and Battery, the defendant
pleaded No Contest to the lesser charge of Burglary of a Structure,
Improper Exhibition of a Firearm, Discharging a Firearm in Public,
Criminal Mischief and Battery. Judge Gary withheld adjudication and
sentenced the defendant to 8 months in the Franklin County Jail
with 30 days of credit for time served. Judge Gary also sentenced the
defendant to 36 months of probation and ordered him to pay $225 in

restitution to Dana Walker. The defendant was also fined $155. The
defendant was represented by Assistant Public Defender Kevin Steiger.
According to the probable cause report, Officer Michael Moore with
Deputies Leonard Martin and Timmy Register were dispatched to East
Pine Street on St. George Island on August 6 regarding a suspected
burglary. While responding to the dispatch call, Officer Moore was
allegedly informed that the alarm company (Sonitrol) advised that
two male suspects were on the second floor of the burglarized home
and that the sound of glass breaking had been noted. Just before
arriving at the scene, the dispatch allegedly advised Martin that the
suspects had fled the home and exited from the back of the resi-
According to the report, Officer Moore recognized a dark colored, four
door vehicle traveling on 11th Street from Pine Street. Officer Moore
stopped the vehicle and interviewed Amy Sue Stiefel, Jason Dillon
and the defendant. He noted that the defendant appeared to be "ner-
vous" and "excited." He further noted that the defendant was wearing
Nike brand shoes. Officer Moore reported that the defendant and Ms.
Stiefel gave him consent to search the vehicle. While searching the
vehicle, he observed a wooden tool box and a set of binoculars. Moore
noted that he was then requested by.Deputy Register to come to the
burglarized home and help check whether anyone was left inside.
Officer Moore advised the individuals that they were free to leave but
allegedly informed them that they were still suspects in the matter.
While at the residence, Moore noted that Nike foot prints were ob-
served inside the storage room of the home. Apalachicola Police Of-
ficer Jerry Proctor and he then made contact with the defendant at
his 14th Street residence in Apalachicola. He then informed the de-
fendant of the observed foot print. Moore noted that, after searching
the defendant's vehicle, he observed that the tool box and binoculars
were missing from the vehicle. The defendant allegedly informed the
officer that the tool box was in a wooded area and that the binoculars
were in his home. Officer Moore further reported that an ax handle
covered with particles of glass was recovered from the front floor board
of the defendant's vehicle.
Officer Moore reported that the defendant accused Jason Dillon of
breaking into the home. However, noted Moore, the Sonitrol Security
Company indicated that two males were inside the home. Moore then
received a statement from Amy Stiefel. According to the report, Stiefel
alleged that Dillon and the defendant entered the home while she
remained in the vehicle.
Elex "Boss Hogg" Pugh: Charged with one count of Burglary of a
Conveyance, the defendant pleaded Not Guilty to the charge. Judge
Gary continued the case for pretrial on December 9. The defendant
was represented by Assistant Public Defender Kevin Steiger.
According to the probable cause report, resident Mary Lewis filed a
complaint that an African-American male had reached into her ve-
hicle and stolen her black purses She alleged that the purse con-
tained $650. The victim advised that she was near 4th Street in Ap-
alachicola when the incident occurred. She later identified the defen-
dant in a photo lineup.
Frank Garcia, Jr.: Charged with two counts of Uttering a Forged
Instrument and Dealing in Stolen Property, the defendant pleaded
No Contest as charged. Judge Gary adjudicated the defendant Guilty
and sentenced him to 18 months of probation. Judge Gary also or-
dered the defendant to pay $200 in restitution to the Red Rabbit
Foodlane and $80 to Glenn Buffkin. The defendant was also fined
$255. The defendant was represented by Attorney Gordon Shuler.
According to the probable cause report, Apalachicola Police Officer
Sonny Whitehurst investigated a burglary at Joe Taranto and Son's
Seafood House that allegedly occurred on September 15. According
to the report, Anthony Taranto revealed that his checkbook was miss-
ing and that two of the missing checks had already been cashed. One
of the checks, it was noted, was chased at the Red Rabbit while the
other was allegedly cashed at the Apalachicola State Bank. Officer
Whitehurst discovered that the defendant's Florida identification card
was allegedly surrendered to the bank upon cashing a check.
Whitehurst further noted that he stood behind the defendant at the
Red Rabbit Foodlane as he cashed another check.
Andrea Alexander: Charged with one count of Grand Theft, the de-
fendant pleaded No Contest to the lesser charge of Petit Theft. Judge
Gary withheld adjudication and sentenced the defendant to one year
of probation. Judge Gary also fined the defendant $155 and ordered
him to pay $150 for restitution. The defendant was represented by
Assistant Public Defender Kevin Steiger.
According to the probable cause, report, resident Kerry.Creamer re-
ported that his home had been burglarized on September 5. Accord-
ing to the report, Creamer noted that the defendant had been resid-
ing at his home. He further noted that Jennifer Hutchins had re-
cently visited his home. According to the report, Mr. Creamer spoke

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with Ms. Hutchins on September 7 about the robbery. Hutchins al-
legedly informed Creamer that the defendant had asked her to assist
in taking a VCR from his home. She allegedly told Creamer that she
refused to take part in the robbery. The defendant allegedly admitted
to Creamer on September 7 that she had taken a VCR and camera
from his home.
Todd M. Cleaver: Charged with one count of Aggravated Assault with
a Motor Vehicle and Leaving the Scene of an Accident, the defendant
pleaded to the lesser charge of Assault and Leaving the Scene of an
Accident. Judge Gary adjudicated the defendant Guilty and sentenced
him to one year of probation. As a condition of probation, the defen-
dant was ordered to refrain from making contact with Gerald Kent.
Judge Gary also fined the defendant $155. The defendant was repre-
sented by Assistant Public Defender Kevin Steiger.
According to the probable cause report, the defendant took'a vehicle
belonging to Keith Ingallis and allegedly attempted to hit Gerald Kent
with the vehicle while at an EZ Serve Store. The vehicle was later
found on Adams Street in Apalachicola. The car allegedly received
approximately $3000 of damage.
Ronald Phillips: Charged with one count of Escape, the defendant
pleaded Not Guilty to the charge. Judge Gary continued the case for
pretrial on November 11. The defendant was represented by Assis-
tant Public Defender Kevin Steiger.
According to the probable cause report, the defendant and inmate
William Marks escaped from the Franklin County Jail on September
23. The defendant and Mr. Marks allegedly escaped through the back
door of the correctional facility and into the woods.
Eric Mobley: Charged with one count of Possession of Contraband
by an Inmate, the defendant pleaded Not Guilty to the charge. Judge
Gary continued the case for pretrial on December 9. 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 pretrial on November 11. The defendant was represented by
Attorney James Richmond.
George Stephen Branch: Charged with one count of Alligator Killing
and Possession of a Firearm by a Convicted Felon, the defendant
pleaded Not Guilty to the charges. Judge Gary continued the case for
trial on December 12. The defendant was represented by Attorney
Barbara Sanders.
Dann Brown: Charged with one count of Escape, the defendant
pleaded Guilty as charged. Judge Gary adjudicated the defendant
Guilty and sentenced him to 20 months in the Department of Correc-
tions. Judge Gary also fined the defendant $255. The defendant was
represented by Attorney Clyde M. Taylor.
Jesse L. Brown: Charged with Aggravated Assault with a Firearm,
the defendant pleaded Not Guilty to the charge. Judge Gary contin-
ued the case for pretrial on December 9. The defendant was repre-
sented 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 jury trial on October 23. The de-
fendant was represented by Assistant Public Defender Kevin Steiger.
George Frederick Cargill: Charged with one count of Trafficking in
Cocaine, Possession of Drug Paraphernalia and Conspiracy to Traffic
in Cocaine, the defendant pleaded Not Guilty to the charges. Judge
Gary continued the case for pretrial on November 15. The defendant
was represented by Attorney James Richmond.
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 pretrial on November 15.
The defendant was represented by Attorney George Blow.
Alvin E. Cummins: Charged with one count of Possession of Drug
Paraphernalia and two counts of Trafficking in Cocaine, the defen-
dant pleaded No Contest to the charges of Possession of Cocaine.
Judge Gary adjudicated the defendant Guilty and sentenced him to
30 days in the Franklin County Jail with one day of credit for time
served. Judge Gary also fined the defendant $255 and sentenced him
to 18 months of probation.
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 pretrial on December 9..The defendant was
represented by Attorney Barbara Sanders.

Continued on page 5


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Published every other Friday


The Franklin Chronicle 18 October 1996 Page 5

Dockets From Page 4

Howard Lee Enflnger: Charged with one count of Burglary of a Struc-
ture while Armed and Molesting a Vending Machine, the defendant
pleaded No Contest to the lesser charges of Burglary of a Structure
and Molesting a Vending Machine. Judge Gary withheld adjudication
and sentenced the defendant to two years of probation. Judge Gary
also ordered the defendant to pay $50 for restitution. The defendant
was represented by Assistant Public Defender Kevin Steiger.
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 pretrial on December 9. The defendant was represented
by Attorney Barbara Sanders.
Virginia K. Fordham: Charged with Burglary of a Dwelling, the de-
fendant pleaded Not Guilty to the charge. Judge Gary continued the
case for pretrial on December 9. The defendant was represented by
Attorney Barbara Sanders.
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 pretrial on November 15.
The defendant was represented by Attorney George Blow.
Carlos Morris: Charged with one count of Resisting Arrest with Vio-
lence and two counts of Burglary of a Dwelling, the defendant pleaded
Not Guilty to the charges. Judge Gary continued the case for pretrial
on November 15. The defendant was represented by Assistant Public
Defender Kevin Steiger.
Charles D. Newberry: Charged with two counts of Burglary of a Dwell-
ing, the defendant pleaded Not Guilty to the charges. Judge Gary
continued the case for pretrial on December 9. The defendant was
represented by Attorney Valerie Janard.
Jeremy Nowllng: Charged with one count of Battery of a Law En-
forcement Officer and Resisting an Officer with Violence, the defen-
dant pleaded No Contest as charged. Judge Gary withheld adjudica-
tion and sentenced the defendant to 18 months of probation. As a
condition of probation, the defendant will be required to complete 25
hours of community service and successfully complete the P.A.V.E.
(Providing Alternatives to Violence Through Education) Program. The
defendant was also fined $250. The defendant was represented by
Assistant Public Defender Kevin Steiger.
Stephanie Lynn Scofield: Charged with one count of Burglary of a
Dwelling, the defendant pleaded No Contest to the lesser charge o
Petit Theft. Judge Gary adjudicated the defendant Guilty and sen-
tenced her to six months of probation. The defendant was also fined
$155 and ordered to pay $10 in restitution to Barney Amerson for a
six pack of beer. The defendant was represented by Assistant Public
Defender Kevin Steiger.
Holly Marie Strippling: Charged with one count of Trafficking in
Cocaine, Possession of Drug Paraphernalia and Conspiracy to Traffic
in Cocaine, the defendant pleaded Not Guilty to the charges. Judge
Gary continued the case for pretrial on November 15. The defendant
was represented by Assistant Public Defender Kevin Steiger.
Glenda Hatfleld Millender: Charged with one count of Affray, the
defendant pleaded Not Guilty to the charge. Judge Gary continued
the case for pretrial on November 15. The defendant was represented
by Assistant Public Defender Kevin Steiger.

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Charles F. Tiller: Charged with one count of Falsely Impersonating a
Law Enforcement Officer, the defendant pleaded Not Guilty to the
charge. Judge Gary continued the case for pretrial on October 23.
The defendant was represented by Assistant Public Defender Kevin
Mark Temple Watson: Charged with DUI Involving Serious Injuries,
the defendant pleaded Not Guilty to the charge. Judge Gary contin-
ued the case for pretrial on November 15. The defendant was repre-
sented 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 pretrial on November 15. The defendant was
represented by Assistant Public Defendant Kevin Steiger.



Chairman Robert Q. Marston, M.D., Alachua
Vice-Chairman Robert D. Woodward III, TaJlahassee
Commissioner George R. McElvy, Crystal River
Commissioner Patrick E. Geraghty, Ft. Myers
Commissioner Charles C. Kidd, Sr., Ph.D., P.E., Tallahassee
Commissioner Barbara C. Barsh, Jacksonville
Commissioner Donald R. Hansen, Sebring

MFC Proposes

An Emergency

Rule To Protect

Mullet, And Acts

On Other Salt-

water Fishing


The Marine Fisheries Commission
held a public meeting October
7-9, 1996, in Islamorada and took
the following action:

The Commission passed an emer-
gency rule for approval by the
Governor and Cabinet that would:
establish the only allowable gear
that can be used at any time for
the harvest of mullet as:
cast nets with a radius nc
greater than 12 feet, 7 inches
no more than two such nets
A i'A. A-'A A A A A A






As a lifelong resident of Franklin County, together, my wife, Debbie and I,
have raised four children. Belinda Fitzgerald, (28), lives in New Orleans and
is employed as a deputy sheriff. Dana Herndon, (24), lives in Tallahassee and
is an employee of Florida Power; Jennifer Norman, (23), is a secretary for a
local attorney; and Janalyn Shiver, (18), is currently attending F.S.U. in

I first began a career in the Seafood Industry and have spent the past fourteen
years as a deputy sheriff with the Franklin County Sheriff's Department. After
serving thirty-one years in the Florida National Guard, I retired this year as a
Sgt. First Class.

Our county needs a Sheriff with hands-on experience and knowledge of the
problems that we are faced with. I have worked in all locations of Franklin
County, not only investigating and making illegal drug cases, but also
investigations including, but not limited to, burglaries, thefts, and domestic
violence. With my years of experience I have a lot to offer the people in Franklin
County. As your Sheriff, I guarantee an open door policy and will work hard
to eliminate the drug problem,'decrease crime, and strive for a good working
relationship between all legal departments, and the community as a whole,
so that we can bond together to help achieve our goals.

A Sheriff must be a social worker, a diplomat, a tough guy and a gentleman.
Whether a Democrat or Republican, help me make our county a better place
to live and raise our children, by giving me YOUR VOTE AND SUPPORT,
on November 5, 1996.

Thank you,

Buddy Shiver

Pd. Pol. Adv. Paid for by the campaign account of Buddy Shiver, (Rep.)

could be fished from any vessel
at any time)
beach or haul seines with a to-
tal area no greater than 500
square feet-including any at-
tached material that adds to the
fishing surface of the net, such
.4 as tarpaulin/plastic (no more
than two such unconnected
nets could be fished from any
vessel at any time)
hook and line gear, and gigs
eliminate the commercial clo-
sure to the harvest of mullet on
four weekdays in late December
that fall between weekend clo-
change weekend commercial
mullet harvest closures to begin
at 4:00 p.m. on Fridays and end
at 8:00 a.m. on Mondays
A similar rule was passed by the
Commission in August, however
the rule was challenged by fish-
ermen in North Florida, and the
rule was withdrawn from Gover-
nor and Cabinet consideration
until the challenge is settled. The
effects of this proposed emergency
Action would be to prevent the
large scale introduction of alter-
native gear such as tarpaulins,
plastics, etc., in the mullet fish-
,ery for a period.of 90 days during
the current roe mullet fishing sea-
Sson, and to support the develop-
ing small scale cast net/seine
mullet fishery. The Commission
will take this proposed emergency
rule to the Governor and Cabinet
for approval on November 7,
1996, and the rule would take ef-
Sfect on this date if approved-

Final Public Hearing'
The Commission held a final pub-
lic hearing on proposed rule
amendments for amberjack that
- lower the recreational daily bag
limit for greater amberjack to
one fish per person statewide
- prohibit the sale of any amber-
jack species (greater and lesser
amberjack, Almaco jack, and
banded rudderfish) In March,
April, and May
- prohibit the sale of any amber-
jack species less than 36 inches
fork length at any time
require all amberjack to be
landed in a whole condition (in-
cluding such fish harvested
establish 14 inches minimum
and 20 inches maximum fork
length size limits and an aggre-
gate recreational daily bag limit
of five fish per person for
banded rudderfish and lesser
The Commission recessed this.
hearing until the Gulf and South
Atlantic federal fishery manage-
ment councils adopt amberjack
management plans for federal
waters adjacent to Florida waters.
It is expected that any proposed
changes to amberjack rules will
not be implemented until
mid-1997 at the earliest.

Final Public Hearing
The Commission held a final pub-
lic hearing on a proposed rule that
- allow the use from a single ves-
sel of no more than two cast
nets (each with a radius of no
more than 12 feet, 7 inches) in
nearshore and inshore state
prohibit the use of rebreathers
to aid the harvest of any ma-
rine specie
conform various gear rule defi-
nitions with Constitutional pro-
The Commission intends to take
this rule to the Governor and
Cabinet for approval in December.

The Commission received public
comment and directed staff to
schedule a final public hearing
during the commission's Decem-
ber meeting in Ft. Lauderdale on
proposed rules that would:
allow the use of legal net gear
that has a total area-no greater,,
Than 500 square feet, including
any attached material that adds
to the fishing surface of the net,
such as tarpaulin/plastic, in in-
shore and nearshore state wa-
ters (no more than two such un-
connected nets could be fished
from any vessel at any time, and

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no more than one net at a time
could be fished from shore)--the
current one hour maximum net
soak time and marking provi-
sions would remain unchanged
- require nets to be constructed
of braided or twisted nylon or
polypropylene twine, with a
minimum #9 (210/24) 85
pound test twine size, and be-
ginning January 1, 1998, estab-
lish a maximum mesh size of 2
inches for the entire seine used
- require beach or haulseines to
be legally marked and tended
- conform various gear rule defi-
nitions with Constitutional pro-
- delete numerous obsolete gear

Final Public Hearing
The Commission held a final pub-
lic hearing on a proposed rule that
would establish a zero bag and
possession limit for the captain
and crew of for-hire recreational
vessels harvesting Gulf Group
king mackerel. The Commission
intends to take this proposed rule
to the Governor and Cabinet for
approval if a similar provision is
approved by the National Marine
Fisheries Service in the near fu-
ture. The rule is expected to take
effect July 1, 1997, if it is ap-

Public Hearing
The Commission held a final pub-
lic hearing on a proposed rule that
would repeal current shad stat-
utes and instead:
- establish an aggregate daily bag
and possession limit for Ameri-
can shad, Alabama shad, and
hickory shad of 10 per person
allow only hook and line gear to
be used to harvest any shad or
river bluebackk) herring-such
fish harvested by any other gear
would have to be returned to
the water free, alive, and un-
harmed (however, the tempo-
rary possession of these fish in
order to release the fish into the
water would not be prohibited)
The Commission intends to take
this proposed rule to the Gover-
nor and Cabinet in time to imple-
ment the rule on January 1, 1997,
if the rule is approved.

The Commission received an as-
sessment of the spiny lobster fish-
ery, and directed staff to sched-
ule a final public hearing in De-
cember, if requested, on a pro-
posed rule that would establish
ari alternating trap reduction
schedule as follows: a zero per-
cent reduction for the 1997-98
season, a ten percent reduction
for 1998-99, a zero percent reduc-
tion for 1999-2000, and a ten per-
cent reduction for 2000-01. The
Commission will also continue to
annually assess the spiny

The Commission received public
comment and:
received reports regarding the
management of the BALLYHOO
and JEWFISH fisheries
considered SHRIMP TRAWL
measurement and conservation
device, issues; the Commission
will further consider these is-
sues in December
reviewed a draft rule that would
require the use of approved
VICES in all otter trawls state-
received an industry presenta-
tion of a proposal to establish
limited entry for FISHING
GUIDES in the Florida Keys
-reviewed SPEARFISHING rules;
the COMMISSION; intends to
further consider this issue in
the coming months

The Commission also received an
update on actions regarding the
RINE SANCTUARY, and unani-
mously reelected Robert Q.
Marston to serve as Commission
Chairman and elected Patrick E.
Geraghty to serve as Vice-Chair-
man in 1997.

Ordinances, from page 2
Dennis said that, out of six of the
swings at Battery and Lafeyette
Parks, only two of the swings were
functional. She further noted that
the slide at Battery Park was rusty
and contained jagged metal pieces
that protruded from the slide.
"The slide doesn't seem to be safe
and the finish is so gone that the

kids can't actually slide down it
anymore," said Dennis. She also
pointed out that the merry-go-
round at Battery Park was dam-
aged. "It's rickety and unsafe,"
noted Dennis.
Ms. Dennis requested that the
board also ensure that city police
officers patrol Lafeyette Park more
frequently to protect against in-
cidents of graffiti. "The graffiti on
the pier is a real shame after the
city put so much time in rebuild-
ing it after (Hurricane) Opal...and
the kids have gone down there
and spray painted the hell out of
that thing."
Ms. Dennis pointed out that the
city's stop signs were faded and
very difficult to identify. Mayor
Continued on page 7

~"~A ~Ai



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IC == == === =7




i i i-i i1 ii IK W W W W X W W W I R~~~ ~ ~~~


Page 6 18 October 1996 The Franklin Chronicle


Published every other Friday

POA Sued, from page 1
The publications of the Homeowners' Association, Hartley and
McMillan contained the following language alleged to be "false, un-
true and defamatory..." These were written by Bob Guyon and Charles
21. The publications of the Defendants, attached as Exhibits "E" and "F," contain
false, untrue, libelous and defamatory statements, including the following:
(a) "If the Franklin County Commission gives its permission for the planned
'Ben Johnson' development on St. George Island, a sewage treatment plant
will be spewing 92,000 gallons of treated water...per day into the Bay."
(b) "If a sewage spill were to happen in our Bay, the results would be cata-
strophic, not just for the Bay itself, but for your whole way of life. Like red tide,
only a thousand times worse."
(c) Pictures of the skull and cross bones, the 'no fishing' and 'no oystering,'
symbols followed by 'this could happen on Tuesday, August 6...'
(d) The reference that Apalachicola Bay is "not theirs alone to destroy" clearly
implying that if the Notice of Proposed Change were to be approved, Apalachi-
cola Bay would be destroyed as a result of Plaintiffs' development.
(e) The reference to the property being at "Nick's Hole" and that the August 6,
1996 hearing would involve "a sewage system capable of handling 34 and %
million gallons of sewage per year, on 9.9 acres."
(f) The contention that an "additional 34 and % million gallons of fresh water
owing into the Bay would have to have an effect on the salinity of the Bay."
(g) "Johnson's proposed development includes putting 469 hotel rooms, bars
and restaurants totaling 312 seats, 12,500 square feet of unspecified stores
and businesses, 743 parking places and a sewage system capable of han-
dling 34 and / million gallons of sewage per year, on 9.9 acres."
(h) "A sewage system that handles 94,000 gallons per day or more than 34
and % million gallons of sewage per year can't help.but affect the surrounding
land and waters."
(i) "[T]here will have to be some damage to the ecosystem from the high amount
of bleach and other industrial chemicals used by hotels and restaurants which
have to bleach laundry and sanitize bath rooms and kitchens daily, and from
the amount cf pesticides and fertilizers that Will be required to maintain the
(j) "If Mr. Johnson's current proposal is a reflection of his level of environmental
concern, perhaps we can expect a gas station, a Jiffy Lube or perhaps a lead
smelting operation."
(k) The suggestion that there will be "run-down empty buildings with neglected
grounds..." and that the only "survivor" will be a "rundown public bar."
(I) "[T]he island will become more and more like Panama City, but without the
clear water."
22. There are numerous other, defamatory statements set forth in the publications
attached as Exhibits "E" and "F" which Defendants (Hartley, McMillan and POA)
know are untrue, false and misleading, and were published in an attempt to
frighten and mislead citizens of Franklin County and put them in apprehension
of their livelihood so that they would come and speak at the public hearing on
August 6, 1996.
23. Defendants were successful in getting over 200 Franklin County citizens to
come to the August 6, 1996, public hearing and express their concern, anxiety
and fear over pollution of Apalachicola Bay because of Plaintiffs' Advanced
Wastewater Treatment (AWT) facility and the Resort Village development.
24. In addition to and including the above, the Defendants, and each of them, have
made numerous untrue, false, misleading and defamatory statements to other
persons for the sole purpose of precluding Plaintiffs from developing their 58-
acre parcel, other than single-family residential, and for the purpose of pre-
venting Resort Village Utility from constructing and operating the AWT facility.
25. All of the defamatory statements made by the Defendants, as set forth above,
were either made with the knowledge that the statements were false, or with a
reckless disregard for their veracity.
26. All of the defamatory statements made by the Defendants, as set forth above,
were made for the purpose of, and with the intent of:
(a) Preventing Plaintiffs from exercising their property rights, and destroying or
harming Plaintiffs' ecoriomic interests, including those associated with the AWT
facility; and .
(b) interfering and harming Plaintiffs' relationship with both State of Florida and
Franklin County officials, and with Plaintiffs' potential investors, employees,
suppliers and customers.
Plaintiff Johnson's attorneys repeated a lengthy history of hearings
as they sought approvals for the development, including the waste-
water treatment plant, the subject of part of the defamation litiga-
tion. Their pleadings stated:
16. Beginning September 6, 1i995, the Department Of Administrative Hearings
(DOAH) conducted a three-day Section 120.57 evidentiary hearing, and sub-
sequent thereto, the DOAH Hearing Officer entered her Recommended Order.
The Department Of Environmental Protection (DEP) accepted the Recom-
mended Order of the DOAH Hearing Officer and incorporated that Recom-
mended Order in DEP's Final Order. The DEP Final Order directed issuance of
the DEP Permit to Resort Village Utility, described in paragraph 4 above, for
the AWT facility. The Defendants, St. George Island P.O.A. and Bill Hartley, are
fully aware of the contents of the DEP Permit, the DEP Final Order, the DOAH
Hearing Officer's Recommended Order, as well as what transpired at the three-
day Section 120.57 evidentiary hearing before DOAH.
Plaintiff Johnson has identified the documation and the official state-
ments obtained in the permitting process to illustrate the alleged "un-
truths" published by the POA, cited in paragraph 21 (above).
17. The DEP Permit and DOAH's Final Order contain the following:
(a) The Permit is for the construction and operation of a .03 mgd (30,000 gal-
lons per day) waste water treatment facility with reclaimed water discharged to
an absorption bed system, issued pursuant to Sections 403.087 and 403.0885,
Florida Statutes.
(b) Even though the Permit is only for a .030 mgd waste water treatment facil-
ity, the Permit requires a land application system capable of servicing the AWT
facility after its capacity is increased to .09 mgd (90,000 gallons per day) maxi-
mum monthly average.
(c) The AWT facility will provide the highest level of treatment available for
waste water and the reclaimed product will not, on a permitted annual basis,
contain more than the following concentrations: 5 milligrams of biochemical
oxygen demand (CBOD5) per liter, 5 milligrams of suspended solids perliter, 3
milligrams of total nitrogen per liter, and 1 milligram of total phosphorous per
liter. This is commonly referred to as the "5-5-3-1" criterion, and is codified in
Section 403.086(4)(a) (Florida Statutes 1993).
(d) The treated effluent leaving the AWT facility would be drinkable and of a
higher quality than many public drinking water supplies.
(e ) The AWT facility does not directly discharge into surface waters of the
State, including Apalachicola Bay.
(f) To ensure reliability, the AWT facility is to be built in three phases, each
having a .03 mgd (30,000 gallons per day) capacity, which will increase Plain-
tiffs' costs but will allow incremental DEP review prior to the second and third
phases to ensure further compliance with all applicable DEP rules and regula-
(g) The absorption cells for the treated water have been located on the Gulf
side of the property to reduce the amount of effluent that flows toward and
ultimately reaches Apalachicola Bay.
(h) The absorption cells total approximately five (5) acres in size, which allows
a net average of effluent hydraulic loading rate of .41 gpd (gallons per day) per
square foot, well below the application rate of 1.9 gpd per square foot allowed
by DEP Rule 62-610.523(3) Florida Administrative Code (FAC).
(i) The AWT will have Class-I reliability and will incorporate other design fea-
tures not required by DEP rules designed to enhance environmental protec-
(j) Extensive computer modeling of the effects of the AWT facility, including the
absorption cells, on the underground water, simulating continuous application
over a 2 year period, coupled with an underground water elevation study, show
that at 30,000 gpd, seventy-eight percent (78%) of the treated effluent will flow
toward the Gulf of Mexico, sixteen percent (16%) of the treated effluent will
flow toward Apalachicola Bay, and only six percent (6%) of the treated effluent
will flow toward Nick's Hole.
(k) A separate contaminant transport analysis was undertaken to estimate the
long-term migration and concentration of nitrate, phosphorous and biological
oxygen demand resulting from the AWT facility. This study showed that, even
after twenty-five (25) to thirty (30) years of plant operation at 30,000 od. the

concentrations reaching Apalachicola Bay in milligrams per liter will, at most,
be .8, .5, and zero, respectively, for BOD, nitrogen, and phosphorous. These
studies also show that no measurable level of any of these elements will ever
reach Nick's Hole, even under the worst-case assumptions.
(I) In comparison, the Apalachicola River discharges on the average
16,150,000,000 gallons of water each day into Apalachicola Bay, which in-
cludes 53,876 pounds of BOD, 88,896 pounds of nitrogen, and 10,775 pounds
of phosphorous.
(m) The daily tidal exchanges alone discharge 77,500,000 gallons of water per
day into the 70-acre marsh adjacent to and north of the 58-acre parcel, and
98,800,000 gallons of water per day into Nick's Hole. For the 70-acre marsh
area, this water includes daily loadings associated with the tidal exchange of
710 pounds of BOD, 433 pounds of nitrogen, and 32.3 pounds of phospho-
rous. For Nick's Hole, these daily loadings of water associated with the tidal
exchange include 906.4 pounds of BOD, 552.07 pounds of nitrogen, and 41.2
pounds of phosphorous.
(n) Rainfall alone, on an average daily basis, contributes 300,000 gallons of
water to the 70-acre marsh north of and adjacent to the 58-acre parcel, and
382,500 gallons to the 88-acre Nick's Hole marsh area. This rainfall for the 70-
acre marsh north of and adjacent to the 58-acre parcel includes daily loadings
Continued on page 7

Residents Complain, from
page 1.

is better than nothing," pleaded
Carrabelle Police Chief Jesse Gor-
don Smith argued that the city's
police officers consistently pa-
trolled the city. He pointed out
that it was a Carrabelle police of-
ficer who detected the fire at Ms.
Howell's Flower Shoppe on Octo-
ber 11.

?F E--

Police Chief Jesse Gordon
Carrabelle Police Commissioner
George Jackson provided resi-
dents with a list of police activi-
ties for the month of September.
Those activities included police
responses to the following situa-
tions: Burglaries (3), Distur-
bances (20), Stolen Property (2),
Domestic Violence Arrests (2),
Trespassing (6), Robbery Arrests
(1), Drug-Related Arrests (2),
Alarms (34), Unlocking Vehicles
(5), Bad Checks (2), Stolen Ve-
hicles (1), Warrants (12), Assist-
ing the County (8), Answering
Calls for the County (5), Criminal
Mischief (6), Dog Complaints (5),
Accidents (4), Tickets (20), AssistA-
ing E.M.S. (3), Assisting the Fire
Department (1) and Aggravated
Assault with Deadly Weapon (1).

Ms. Howell stated that, of the
listed police activities, a response
to her vandalized business in Sep-
tember was not listed. Fellow
business owners Ken and Mary
Lou Bowman also complained
That their business had been pre-
viously disturbed, also. Other
residents complained that the city
was not keeping the kids off the
street at night or providing any
activities for them.
Commissioner Jackson said that,
when be began as city commis-
sioner, he had requested that resi-
dents work with their law enforce-
ment officers to ensure a safer
community. He said that, if resi-
dents did not cooperate, it might
be necessary to create a curfew
to give officers more leverage. Ad-
dressing Ms. Howell, Jackson
said, "no one feels worse about
this than me." He empathized, "I
don't think there's anyone who
picks up more beer cans than I
do.". Jackson said that the
community's youth typically lit-
tered in the parking lot of his Car-
rabelle business.

City Commissioner James
Commissioner James Phillips
charged that residents failed to
report criminal activity to police
officers. He further charged that,
when police officers did escort
juveniles back to their homes in
the evening, they were treated
villianouslyby the areas residents
for taking such actions.

Commissioner Wesley 'Buz' Put-
nal added that it was not cheap
to provide activities for the city's
youth. He said that, when the city
attempted to raise taxes on resi-
dents, the commissioners would
receive heat from "the other"
group in the community. He
urged residents to support the
board during budget time if they
wanted extra activities for the
city's youth.
The board finally agreed to sched-
ule a workshop on October 21 at
7:00 p.m. to discuss such issues
as creating a community watch
program and setting curfews for
the city's youth. Mayor Charles
Millender urged residents to fre-
quent the event in large numbers.
.In other board business:
*The board disapproved the first
reading of a proposed ordinance
to grant the U.S. Cable Television
Group with a 15-year non-exclu-
sive right to erect, maintain and
operate in the City Towers, cables
and ancillary facilities for the pur-
pose of constructing, operating,
maintaining and repairing Broad-
band Tele-Communications Net-
work, transmission and distribu-
tion by cable or television signals.
. Resident Keith Mock complained
that the cable service presently
offered to the city was inadequate
and boring. He requested that
residents be allowed to receive the
Sunshine Network. Mock further
requested that such channels as
Nickelodeon and ESPN 2 be pro-
vided to residents. He told com-
missioners that he wanted his
children to have the opportunity
to watch such television classics
as Green Acres and Andy Griffith.
*The board approved the cancel-
lation of a 12-month employment
probationary period for city police
officers Robbie Hogan and Fred
Jetton, Jr.

More Money

For Housing

By Rene Topping
Members of the State Housing
Initiative Program (SHIP) met at
the County Commission room at
the Franklin County Courthouse
at 5 p.m. on September 12 to con-
sider how best to spend the new
funds of $250,000. The meeting
was chaired by Cliff Butler.
There was lively discussion by the
members, with audience partici-
pation. Last year the program had
been divided between small
grants for emergency, major re-
habilitation grants of up to
$20,000 and down payment as-
sistance grants of $5,000.
David Hines, Administrator of the,
SHIP program, said; "The $3,000
allocated to each minor rehabili-
tation project does not begin to
complete the needed repairs. In
addition, I have had great diffi-
culty in getting local contractors
to bid on these smaller jobs." Con-
tractors must carry a license.
He recommended that the com-
mittee consider eliminating the'
minor rehabilitation part of the
program and concentrate the
Spending the money on major re-
habilitation programs instead.
The committee members also de-
cided that for this round of fund-
ing the major rehabilitation be
limited to those residents who are
62 years of age or older or totally
disabled persons (as determined
by the State of Florida) of any age,
and provided the qualifying per-
son is a head of household.
The committee also decided to
increase the Down Payment As-
sistance from $20,000 to
$45,000, which would permit the
number of applicants assisted to
be increased from four to nine.
Any person interested in the pro-
gram may contact the County
Planners office at 653-9783.

Peters Selected, from page 3
tional Institution in December of
1995 with the honor of Employee
of the Month.
While Ms. Peters considers the
Franklin Work Camp to be her
home away from home, she also
has a very active and gratifying
family life in Gulf County. Ms.
Peters has six children which in-
clude Byron, Joseph, John
Michael, Waymon, Stanley and
Nathan, III. Her husband, Nathan
Peters, Jr., serves as chairperson
for the Gulf County Commission.

Law Offices of

Third generation of Lawyers providing
legal services to this area.




"The hiring of a lawyer is an important decision that should not be based
upon advertisements. Before you decide ask us to send you free written
information about our qualifications & experience."


CARRABELLE RIVER Deep water, high
ground, open gulf access. 104x530. Lots of trees,
privacy, great building site. River Road.
Motivated seller.
INDIAN PASS 100x1300 gulf beach to Indian
Lagoon, one-of-a-kind building site/view high
on ridge, camp palms "old" Florida at its best.
ST. GEORGE ISLAND Wooded lot Pine
Street East. Bay view, off the beaten path.
Driveway, septic in. Easy walk to the beach.
APALACHICOLA Seventh Street, close in,
heart of Historic District. Best value in current

Llcensea Real ESTaTe BRoken

(904) 653-8330
P.O. Box 666 17 1/2 Avenue E Apalachicola, FL 32329


Available Programs:
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and study skills
Reading/Writing Workshops (Small groups of
Private tutoring for various exams from Job
Placement to G.E.D. .

Assistance in writing R6sumes.
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.
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State Certified
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II! L .i eSS'


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Published every other Friday


The Franklin Chronicle 18 October 1996 Page 7:

the Chronicle Bookshop

Mail Order Service *

2309 Old Bainbridge Road
Tallahassee, FL 32303

(120) The Image of Lon-
don: Views by Travellers
and Emigres: 1550-1920.
Exhibition Catalogue by
Malcolm Warner. Hard-
cover. Trefoil Publications,
London. 190 pp. Features
paintings, prints and draw-
ings of London made by art-
ists from abroad, comprised
of works of 100 artists.
Oversize, 10 inches by 10
inches. Originally sold for
$29.95. Bookshop price =


I >'


(123) The Choice by Bob
Woodward. New, hard-
cover, Simon and Schuster,
1996, 462 pp. Based on
massive documentation
and hundreds of interviews
with first-hand sources,
Bob Woodward (The
President's Men, et. al) has
written a behind-the-scenes
story of President Bill
Clinton and Senate Major-
ity Leader Bob Dole over the
last two years. This is a per-
sonal and political story of
how the nation's two top
leaders prepared them-
selves for the 1996 presi-
dential election. Sold na-
tionally for $26.00.
Bookshop price = $14.95.

(125) Norman Corwin and
Radio: The Golden Years
by R. LeRoy Bannerman.
Hardcover, University of
Alabama Press, 275 pp. The
fabulous "Golden Age of
Radio" embraced the period
from the mid-1930's
through most of the 1940's.
There was a sense of excite-
ment, purpose and
unpredictability that made
it a memorable era. At this
time, radio and motion pic-
tures were probably the
most challenging public
media for creative minds
and talented artists, includ-
ing Norman Corwin. Here is
Corwin's biography, and
the social history of a time
when radio was the center-
piece of family life. Here is
also the story of network
radio, its highlights and ul-
timate decline. Norman
Corwin is often associated
with radio's highest mo-
ments in the history of the
radio medium. Corwin was
also a part of the fight for
the art and integrity of ra-
dio broadcasting told in
authentic detail by
Bannerman. Sold nation-
ally for $30.00. Bookshop
price = $16.95.

SArchie & Edith,

SMike & Gloria
C ByDina McCeratn's

(118) Archie & Edith, Mike
and Gloria: The Tumultu-
ous History of All in
the Family by Donna
McGrohan. Paperback,
Workman Publishing, 280
pp. Author McGrohan
chronicles the birth, rise
and-after thirteen TV sea-
sons-the demise of the
revolutionary sitcom that
changed the face of televi-
sion. Sold nationally for
$7.95. Bookshop price =

IvIlT[l^^l a

(121) Extinct Species of
the World by Jean-
Christophe Balouet, with
forward by Jacques-Yves
Costeau. Oversize: 9 inches
by 12 inches. Hardcover,
192 pp. Beautifully illus-
trated book recounting the
history of the earth's van-
ished species, both animal
and vegetable, over the past
10,000 years. More than
300 different species are
considered with more than
180 superb illustrations,
many in color. Sold nation-
ally for $39.95. Bookshop
price = $24.95.



(124) The Expanding Vista
by Mary Ann Watson. Hard-
cover, Oxford University
Press, 273 pp. This is the
story of American television
in the Kennedy years begin-
ning with the ground-
breaking first "TV debates,"
and ending with the
muffled drums and a united
population still trying to
comprehend the unthink-
able death of its President,
united electronically in na-
tional mourning. Watson
has written an engaging
and insightful look at
American television in the
Kennedy years and the lives
of many Americans, and
how the medium emerged.
Here is also a documented
yet memorable telling of the
story fading rapidly from
the American mind. Origi-
nally sold nationally for
$22.95. Bookshop price =

(117) Railroads Trium-
phant: The Growth, Rejec-
tion and Rebirth of a
Vital American Force by
Albro Martin. Hardcover.
Oxford University Press,
428 pp. Sold nationally for
$25.00. Author of UNION
PACIFIC, Maury Klein,
praised this book: "A mas-
terful overview by the dean
of American railroad histo-
rians, written with charad-
teristic wit." Martin argues
in this book that the rail-
roads were and are "the
most fundamental innova-
tion in American Life." The
railroads created small
town America just as surely
as the automobile created
the suburbs. Thoughtful
and colorful, this book illu-
minates the impact of rail-
roads upon our lives.
Bookshop price = $12.95.

1 .- i d,

(119) Portrait of the Soviet
Union by Fritzroy Maclean.
Hardcover, Henry Holt and
Co., 230 pp. This volume is
the companion to the ma-
jor TV series of the same$
name. Illustrated wit -
black-and-white and color
photographs taken by the
author, this unvarnished
account surveys the Soviet
Union in all its aspects with
special emphasis on how
this vast nation of 100 or
more nationalities, spread
across 11 time zones, func-
tions as a modern state.
Sold nationally for $23.95.
Bookshop price = $16.95.

(122) The Adventures of
Amos 'n' Andy: A Social
History of An American
Phenomenon by Patrick
Ely. Hardcover, Free Press,
322 pp. Forty million radio
listeners indulged in a na-
tional obsession in the
1930's, eagerly tuning their
radios to a radio serial por-
traying the adventures of
two Southern black men
making a new life in a
Northern city. The "black
men" were played by two
white actors. The radio pro-
gram is among the longest
running in broadcasting
history. AMOS 'N' ANDY
survived as the most popu-
lar radio program of its era
along with its racist stereo-
typing using a variety of in-
novations and appeals. Au-
thor Ely recreates the en-
gaging, sometimes disturb-
ing genius of the characters
during the heyday of radio
and follows the transforma-
tion from white actors to
blacks on television. Ely
shows that there is nothing
new in today's inclination to
ignore the hard questions
about race that this Ameri-
can program raises. Sold
nationally for $22.95.
Bookshop price = $10.95.

Ordinances, from page 5
Bobby Howell said that the octa-
gon shape of a stop sign, as long
as it was not disfigured, was suf-
ficient in the identification of a
stop sign. "The law makes you
identify it (stop sign) by the shape
of the sign," said Howell. Ms. Den-
nis said that the color of the stop
sign was helpful to seniors in
identifying the road instruction.
Board members stated that they
were working on the concern.

Nancy Dennis
Ms. Dennis finally requested that
the board consider waiving the
$100 fee at the Apalachicola Com-
munity Center for seniors over the
age of 55 and children under the
age of 12. She said that, in the
past two years, the center did not
appear to be used frequently by
residents due to the noted fee. "I
think the community center
ought to be for the community,"
noted Dennis, "and for children
and seniors to have birthday par-
ties." Mayor Howell said that the
fee was needed to cover mainte-
nance costs.




great start with our first food
package delivery date scheduled
for October 26, 1996 at the host
site, the Carrabelle United Meth-
odist Church. Registration, at the
Carrabelle Branch of the Frank-
lin County Public Library, has
been steady. The October pack-
age will include Healthy Choice
Pasta Sauce, boneless, skinless
all breast Chicken Chunks, white
meat turkey chunks, Chef's
Choice meatballs and Caesar's
Cheese Ravioli plus fresh fruits
and vegetables and other items,
all for $14.00 and two hours vol-
unteer service. For October we
also offered a Steak package for
$12.00 and two hours volunteer
service, which includes ten (10)
6-ounce steaks, T-bone, Ribeye
and New York Strip. The final
sign-up day for these packages
will be October 10, 1996.
SHARE The Season is all set for
November and December with a
I November package that starts
with a young turkey and for De-
cember, ham. It will also include
potatoes, onions, sweet potatoes,
frozen vegetables, pumpkin or
cherry pie, stuffing mix, turkey
gravy mix, cranberry sauce and
resh fruits and vegetables. All for
$14.00 and two hours of volun-
teer service. The two hours vol-
unteer time is not required if you
are giving the package to some-
one else. The exact content of the
package will not be determined
until one week before distribution
due to the SHARE purchasing
cycle. Registration for November
will be on Saturday October 26
from 10:00 am to 12:00 noon (at
the pick up site) and at the Library
on Saturday Nov. 2 from 2:00 to
4:00 pm and Tuesday Nov. 5 from
11:00 am to 1:00 pm. Pick up will
be on Nov. 23 from 10:00 am to
12:00 noon at the Carrabelle
United Methodist Church. De-
cember dates will be posted later.
For more information please call
Mike or Audrey Kelly 697-3672,
Jackie Gay 697-2214, Ann
Shields 697-2640, Myrt Corley


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POA Sued, from page 6
of 2.75 pounds of BOD, 1.25 pounds of nitrogen, and .08 pounds ot phospho-
rous. For the Nick's Hole marsh area, this rainfall includes daily loadings of 3.5
pounds of BOD, 1.59 pounds of nitrogen, and .1 pounds of phosphorous.
(o) After 25 to 30 years of operation, no more than 6.5 pounds of BOD, 7.3
pounds of nitrogen, and zero pounds of phosphorous will reach Apalachicola
Bay on a yearly basis, at 30,000 gpd. No BOD, nitrogen or phosphorous will
reach Nick's Hole in 25 to 30 years at 30,000 gpd. Even at 90,000 gpd, the
daily loadings to Nick's Hole after 25 to 30 years of plant operation will be, at
most .07 Ibs of BOD, .03 Ibs of nitrogen, and zero Ibs of phosphorous.
(p) The amount of nutrients resulting from either 30,000 or 90,000 gpd of plant
operation is insignificant, relative to the amount of nutrients from the tidal ex-
change and rainfall, in regard to both Apalachicola Bay and Nick's Hole. Fur-
ther, the small amount of nutrients contributed by the AWT facility will not be
measurable or observable, and will not cause any degradation, quick aging, or
excessive photoplankton production of Apalachicola Bay, Nick's Hole, or the
Gulf of Mexico.
(q) To monitor the effects of the AWT facility on the ground water and the sur-
face water and Apalachicola Bay, the monitoring parameters include: total phos-
phorous (TP), phosphate (PO,), total nitrogen (TN), total Kjeldahl nitrogen (TKN),
ammonia (NH,), nitrate (NO2), and dissolved oxygen (DO).
18. Notwithstanding Plaintiffs' rights under the 1977 DO to develop their property
commercially, and notwithstanding Plaintiffs' objections and arguments to the
contrary, Plaintiffs were then required by Franklin County to file a Notice of
Proposed Change (NOPC) under Chapter 380, Florida Statutes, as a condi-
tion precedent to the issuance of further development orders by Franklin County.
The NOPC was filed May 28,1996, with the Department of Community Affairs
(DCA), the Apalachicola Regional Planning Council (ARPC), and Franklin
County. After notice, a public workshop was held in Franklin County on July 2,
1996, Public Hearings were noticed and held on the NOPC by the Board of
County Commissioners, Franklin County, Florida, on Tuesday, August 6, 1996,
and Thursday, October 3, 1996.
Counter-Claim Action
Ben Johnson, Coastal Development Consultants, Inc., and St. George
Island Resort Village are defendants in another litigation filed by St.
George POA last May. That litigation sought to determine a judgment
from the 2nd Circuit Court as to whether an agreement between the
POA and Ben Johnson was a legally binding contract.
In his answer to the "declarative" pleading, Johnson filed affirmative
defenses and counter-claimed against the POA. In effect, Johnson
was filing suit against the POA for breach of the contract signed on or
about October 29, 1992.
Defendants Johnson and Coastal Development agreed to the imposi-
tion restrictions on their right to develop their property in return for
considerations received under the October 1992 Agreement. The con-
siderations included:
A. The POA agreed to advocate adoption of the standards and restrictions set
forth in the Agreement, as appropriate resolution of issues relating to the de-
velopment of the Resort Village, and to actively support the Defendants' efforts
to persuade regulators that standards and restrictions set forth in the Agree-
ment and the other terms of the Agreement are consistent with the public inter-
B. The POA agreed that the master plan developed for the Resort Village and
referenced in the Agreement is in compliance with the 1977 Development Or-
der governing the Resort Village and is consistent with the public interest.
C. The POA agreed to actively support Defendants' efforts to have the master
plan for the Resort Village accepted by regulators as promptly as feasible.
D. The POA agreed to actively support Defendants' efforts to have the stan-
dards and restrictions set forth in the Agreement apply to all commercial devel-
opment on St. George Island.
E. The POA agreed that, to the extent regulators did not accept the standards
and restrictions set forth in the Agreement for application to the Resort Village,
-the POA would cooperate with Defendants in urging regulators to maintain the
overall balance that is achieved by the Agreement.
Defendant Johnson listed 10 ways in which the POA had allegedly
not lived up to the agreement. These allegations of a breached con-
tract are as follows:
28. The POA has materially breached the Agreement as follows:
A. The POA has failed and refused to advocate the adoption of the standards
and restrictions set forth in the Agreement.
B. The POA has failed and refused to actively support Defendants' efforts to
persuade regulators that the terms of the Agreement are consistent with the
public interest.
C. The POA has failed and refused to actively support Defendants' efforts to
have the Resort Village master plan accepted by regulators as promptly as
D. The POA has failed and refused to actively support Defendants' efforts to
persuade regulators that the standards and restrictions set forth in the Agree-
ment are in the public interest and should be applied to all commercial devel-
opment on St. George Island.
E. The POA has failed and refused to cooperate with Defendants in urging
regulators to maintain the overall balance that is achieved by the standards
and restrictions set forth in the Agreement.
F. The POA has directly opposed Defendants' efforts to obtain governmental
approvals for the development of the Resort Village. Such opposition has in-
cluded, but not been limited to, lobbying governmental authorities in an effort
to cause such authorities to impose conditions and requirements beyond the
standards and restrictions set forth in.the Agreement, contesting the fact that
the standards and restrictions set forth in the Agreement are consistent with
the public interest and should be applied to commercial development on St.
George Island and mounting public opposition to requests by Defendants for
governmental approvals.
G. The POA has directly urged regulators and governmental authorities to im-
pose conditions and development approvals that will burden and delay Defen-
dants' efforts to develop the Resort Village.
H. The POA has facilitated and encouraged opposition to Defendants' efforts
to develop the Resort Village, creating opposition by members of Plaintiff, pub-
lic opposition and opposition by governmental authorities.
I. The POA has disseminated false and misleading information concerning
Defendants' proposed development of the Resort Village; thereby creating
opposition by members of Plaintiff, public opposition and opposition by gov-
ernmental authorities.
The next step requires a formal response from the POA with regard to
the defamatory Action filed against the POA as well as a response to
the counter-claim in the "declarative judgment" lawsuit started by .
the POA. These formal responses would normally be made by the end
of October. The POA Board has its monthly meeting October 19, 1996,
in the Clubhouse at noon.



NOVEMBER 1, 2,3,1996


Jason Byrd
and 6 Bands!

The Malzshal Tuckez Ban ,

Schedule of Events:
Friday, November 1st "Hometown Day"
Noon: Gates Open No Admission Charge 1
4:00 Musical Entertainment Chaz Mikel
5:30 Arrival King Retsyo & Miss Florida 1
Seafood Aboard Governor Stone
6:00 Musical Entertainment Night Wing

Saturday, November 2nd
7:30 Red Fish Run (Gibson Inn)
8:00 Battery Park Gates Open $5
Admission (children under 12 free)
10:00 Parade (Avenue E/Highway 98)
10:00 Arts/Crafts/Food Booths Open
11:45 Musical Entertainment Jason Byrd
1:00 Oyster Shucking/Oyster Eating contest -
1:00 Musical Entertainment Restless Waters F
3:00 The Marshall Tucker Band Performs
4:30 Blue Crab Race
5:00 Blessing of the Fleet Candlelight Service
5:30 Musical Entertainment The Redwood Band *
8:30 Fireworks
9:00 King Retsyo Ball (Armory)

Sunday, November 3rd "Spiritual Day"
9:00 Gates Open No Admission Charge
Noon: Elmer Rogers Present...N.W.
Florida Spiritual Singing Groups
4:00 Festival Offically Ends

Performing many of their Hit Singles, including: Fire on the Mountain,
Can't You See, 24 Hours at a Time, Heard it in a Love Song, Take the High-
way and Desert Sky. The Group's Music was also spotlighted on the
Soundtracks of the Movies: Smokey & the Bandit, The Pursuit ofD.B.
Cooper and Shipwrecked.

On Saurday Novmber 199, th
fre doen ystrs n te hlf hel (wil

Major contributors: Florida Coast Paper Company, L.L.C., Port St. Joe, FL and WMBB News 13

lore than
00 Arts &




Published every other Friday

Page 8 18 October 1996 The Franklin Chronicle

Terrific Turnout for Fall Festival i .

The Fall Festival sponsored by the
Franklin County Senior Center
attracted an estimated 400 visi-
tors to the event on October 12.
"It did very well," noted Senior
Center Board Chairperson Helen
Schmidt, "and the weather was
great for this." Ms. Schmidt ex-
pects that the senior center will
host another Fall Festival next
year. The Franklin County Senior
Center, noted Schmidt, had not
hosted such an event since 1992.
At the sun-soaked event, visitors
were treated to a host of musical
performances, informational
booths and games. Chicken din-
ners were also available to those
event goers with hearty appetites.
Those providing musical enter-
tainment at the event included
Ivan Daniels, Evelyn McAnnaly,
Lynn Hankins and Lionel Ducker.
The performers provided such
musical diversity as folk, country,
rhythm and blues as well as soul
music to the event's listeners
A variety of vending and informa-
tional booths were also present at


NO: RG0050763
NO: RC0051706

the event. Home health agencies
offered flu shots to visitors and
also took blood pressure readings
at their booth. The Lions Club
sold pins, mops and brooms at
their booth and also provided or-
ganizational information. Lions
Club President Pat Riley noted
that the organization had sold
several brooms and 17 pins by the
middle of the afternoon. Big Bend
Hospice also had a booth at the
event. The organization handed
out organizational literature, re-
cruited volunteersan and also gave
away raffle tickets for a chance to
win a seafaring stuffed bear
known as the "we care bear." The
Lanark Village-St. James Volun-
teer Fire Department also brought
a vehicle to the event and ex-
plained to visitors how their de-
partment operated.
Several games and activities were
also available for youthful visitors.
Senior Center Advisory Board
Vice-President and Event Coordi-
nator Shirley Walker conducted
the cake walk activity. Approxi-
mately 25 cakes were donated to
the senior center for the cake

r4 4

Featuring: Joyce Estees' Original Art & Gifts
Art of the Area
We Deliver To The Greater Apalachicola Area
(904) 670-8931
Hwy 98, Eastpoint Just Across The Bridge


Remodeling & Custom Homes
Roofing & Repairs
1l5 Vinyl Siding



CAD Drafting Custom House Plans
Blueprint Copies Energy Forms
VA Certification #A-500 904-926-2821
Serving Franklin, Wakulla and Leon Counties

For Sale
Large rock for erosion control, break waters
and rock sea walls. Rock delivered and placed.
Call Larry Craft, 403 Woodville Hwy.
Crawfordville, FL 32327
Mobile (904) 545-7863 Home (904) 421-6907

John Hewitt

walk. Julia Mae Putnal conducted
the fish pond and apple bobbing
activity. Donna Spacey and Irene
Murray, dressed in Halloween
garb, conducted the face painting
booth. The senior's craft class also
had a booth at the event in which
visitors could purchase personally
crafted art works.
The food concession stand was
headed up by Jacque Williams,
Nancy Mock and Susan Daniels.
Officers Jeb Smith and Mike Mock
donated their culinary skills to the
event as they cooked the chicken.
Joe Butler of Gulf State Bank do-
nated the use of his chicken
cooker for the event.
Other individuals providing ser-
vice to the event included: Senior
Center Director Cheryl
Connaway, Senior Center Staff
members Margie Creamer and
Evelyn Pope, and Senior Center
Board members Bonnie Dietz,
Ken Mansuy and James Lawlor.

Register Number 019990

"1 WV "zL. 'Wi w -- '- -l v

e'. RC # 95-0026
...." 'r- "' P.O. BOX 385
*. ,.* ,. APALACHICOLA, FL 32329-0385
.. ; ,'; ::-, (904) 653-8899
FAX (904) 653-9656

Summerhill Electric, Inc.
PO Box 444, Carrabelle, Fla 32322
Lic. #ER0010221 Lic. # RA 0060122
*Electrical *Heating & A/C *Refrigeration *Insured
John Summerhill 697-3103
-Beeper # 422-4908

Tilton "Speedy" Edwards & Son

Licensed Plumber & Electrician



Tilton Edwards
(904) 653-8090

Lions Club President Pat
Riley (R) with club member
(and wife) Jinx Riley.

Supervisor of Elections
Honored by Secretary of State

"I think we did great," said Ms.
Gibbs, "but I hope we can do even
better in the general election." Ms.
Gibbs said that her office has at-
tempted to provide all local me-
dia sources with election informa-
tion in order to generate a large
voter turnout. "We've just been
doing our jobs," noted Gibbs.
In a commendation letter to Ms.
Gibbs, Secretary of State
Mortham indicated that the
County's voter turnout on Septem-
ber 3 was more than two times
higher than the state's average.
"For years, voter participation in
Florida has been in a marked and
steady decline," noted Mortham.
S She continued, "your voters stand
as proud reminders that this
trend does not have to continue."

Franklin County Supervisor of
Elections Doris Shiver Gibbs was
recognized by Secretary of State
Sandra Mortham on September
27 for Outstanding Voter Partici-
patiinx-for -the-first primary elec-
tion on September 3, 1996.
During the first primary election,
Franklin County received a 57
percent voter turnout. In the sec-
ond primary election, over 50 per-
cent of all Franklin County's reg-
istered voters made their way to
the polls in very rainy conditions.

W to r / 4Repairs
O ,/t* Boudoir
Sro*y Children
by Karl Weddings
3838-14 N. Monroe St. Black & White
Tallahassee, Florida 32303 Public Relations
(behind Subway at Crowder Rd & Monroe) Model Portfolios
904-562-9878 Custom Instruction
SRental Darkroom
800-779-3878 and Studio
Mobile 904-556-6365 30 Years Experience
DO.E A r-8 1111


Apalachicola, Florida

* Local Seafood
* Delicious Steaks
* Daily Specials
* Catering

11 A.M. 10 P.M.

US Hwy. 98 West
Carrabelle, FL 32322


Fine Art Jewelry

Small Sculpture
Hand-made by Contemporary Artlsts

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

S Realty
c Of St. George Island, Inc.

HCR Box 126



These programs are telecast or
WFSU-WFSG on Thursdays al
8:00 p.m. and repeated on Sun-
days at 1:30 p.m.

October 24 #904 Before It's
Too Late The South Florida Eco-
system Restoration Task Force




Lease with


The Carrabelle Port and Airport
Authority (CPAA) approved a lease
with Edward Hudson of Hudson
Aircraft, Inc., on October 10
which will allow several different
items to be brought to the Carra-
belle Airport (Thompson Field).
Mr. Hudson, the tenant, will be
allowed a five unit t-hangar com-
plex for aircraft storage, an auto-
mated self-service aboveground
aviation refueling system, ramp
improvements to accommodate at
least eight aircraft tie-downs and
an aircraft maintenance hangar
and fixed base operation complex
when needed.
In the agreement, Hudson shall
be entitled to a 25-year lease with
three successive options to renew
the lease for 5 years each option
Those services that Hudson will
be able to provide will include:
aircraft storage, tie-down and re-
fueling, light aircraft maintenance
and pilot and passenger services
and accommodations. When
Hudson determines that such'
demands have been dictated, he
will be able to provide limited air
charter services, flight training,
aircraft rental and sales as well
as car rental services.

Sales and E MS
Long Term

St. George Island, FL 32328-9703

Office: (904) 927-2821

Fax: (904) 927-2314


was established in 1993 to bring
together the broad spectrum of
groups working to address envi-
ronmental concerns in South
Florida. In cooperation with the
Governor's Commission for a
Sustainable South Florida, the
Task Force is faced with finding
ways to create harmony among a
group of often adversarial agen-
cies; and with developing a plan
that will reverse decades of envi-
ronmental degradation a result
of the area's rapid urban sprawl.
Like the problems facing the Task
Force, the area of concern is huge
-encompassing nearly 16 coun-
Sties, or 11,000 squaremiles; run-
t ning coast to coast from the ba-
- sin of the Kissimmee river all the
way to Key West. This area is
home to approximately 5.2 million
people, for 40% of Florida's total
population. Producer Holly Cook
i talks with members of the federal,
- state, tribal and local groups in-
Svolved in this monumental effort.
.: .-', .
i :

Edward Hudson
The Carrabelle City Commission
also approved the lease agreement
between the CPAA and Edward
Hudson at their October 14 regu-
lar meeting.
In other board business:
*Tommy Bevis asked that board
members provide feedback con-
cerning some of the requests that
potential lease owner Mike
Hopkins has made to the Port
Authority. Bevis previously an-
nounced that he had entered, ne-
gotiations with Hopkins with the
intent to sell his lease with the
Port Authority for Dockside Ma-
rina on Timber Island. Board
members noted that those re-
quests made by Hopkins were
more numerous than those made
by Bevis. Board member Barry
Woods commented, "I can't see
how we can give Hopkins what he
wants without giving Bevis what
he wants. Board member Jim
Lycett informed Bevis that, before
the board could consider negoti-
ating with Hopkins, they needed
to secure a lease agreement with
.the said individual. "We're mar-
ried to you (Bevis)," noted Lycett,
"before we go out with somebody
else, we've got to get a divorce.
Mr. Bevis said that he has been
"held up" from making additions
to his business for 5 years. He
said that, unless something
changes, he would have to move
his business to another town.

Property For Every Budget


41 li ,Wj 1-Y, wo Luf 'j, 14w-IjLjl lz


The Franklin Chronicle 18 October 1996 Page 9

Published every other Friday


Page 10 18 October 1996 The Franklin Chronicle


Published every other Friday

Trinity Restoration Project /


Historic Trinity Church in Apalachicola with front facings made up of tongue and groove white
northern pine simulating stone to approximate the facing of a Greek temple. The church dates to
1838, brought to Apalachicola in pieces and assembled here.

The exterior restoration on his-
toric Trinity Episcopal Church in
Apalachicola is now nearing
completion. Part of the $64,000
project, sponsored by the congre-
gation of Trinity Church, the Dio-
cese of the Central Gulf Coast,
and by an Historic Preservation
Special Category Grant from the
State of Florida, Department of
State, Division of Historic Re-
sources, has involved the resto-
ration of the front entrance of the
Originally intended to give the
outward impression of an ancient
Greek temple, the majestic door-
way at the front of the Greek Re-
vival building was designed to rep-
resent an open temple entrance
without doors. That visual effect
has been recovered by stripping
the paint off the entire doorway
all the way down to the original
dark brown stain and replicating
the original finish as it was almost
160 years ago. Painting contrac-
tor, Herbert Duggar has com-
pleted scraping, cleaning, wash-
ing, printing, caulking, and paint-
ing the exterior of the church as
it appeared in an 1838 painting
of the building by George Wash-
ington Sully, using the Historic
Preservation and Rehabilitation
Standards of the U.S. Secretary
of the Interior.
Contractor Billy Granger has
completed replacing rotted wood
and installing shutters. The scope
of work has included replicating

72 wooden shutters on the
church's six large side windows,
repainting and caulking 650
squares of antique glass, remov-
ing all plywood and non-historical
wood coverings and replacing
them with new construction ma-
terials compatible with the his-
toric character of the building,
rehabilitating the church belfry
against moisture penetration, and
evaluating and stabilizing the
overall condition and structural
soundness of the two primary
Ionic columns at the church
Throughout the years, Florida's
Division of Historic Resources,
with the support of the Florida
Trust for Historic Preservation,
has funneled some 78 million dol-
lars, not to mention millions of
dollars in private funds, into the
increasingly competitive historical
preservation efforts found about
the state. Trinity's project has
been served locally by Bob Cro-
zier and George Surratt, licensed
architects, and Senior Warden
George Chapel, Project Manager,
Trustee of the Florida Trust, and
member of the Florida National
Register Review Board.
Associated with Dr. John Gorrie,
early refrigeration pioneer, and
Dr. Alvin W. Chapman, the 19th
century South's leading botanist,
the church, adjacent to the Gorrie
State Museum, is opened daily as
a major historical building. Its
records go back to 1837. The

white northern pine structure
built cut-to-measure in 1838.
shipped around the Keys by sail-
ing vessel, and assembled at its
present site on a cypress and peg
frame, has endured the stress of
aging in its coastal location for
over a century and a half. A Res-
toration and Preservation Endow-
ment Trust Fund has recently
been established in an effort to
provide financial resources for
future needs. Every year near the
first of May, an "Historical Tour
of Homes" is held in Apalachicola
to raise the funds needed to meet
these preservation demands.
Because of its acoustical proper-
ties, the building, which still has
its 1840 Henry Erben tracker or-
gan, is used for the Ilse Newett
Community Concert series of the
Apalachicola Area Historical So-
ciety, Inc. This year's concert sea-
son will open on October 27 with
the Trio Internazionale, Martha
Gherardi, violin, Luciano
Gherardi, contrabass, and
Bedford Watkins, piano, playing
popular selections from their
classical and semi-classical
Used continuously as a place of
worship, Trinity, a relic of the
"glory of Greece and the grandeur
of Rome" which the new Repub-
lic, then barely 50 years old at-
tributed to Itself, and its active
ecumenical congregation, with its
Pennysworth Thrift Shop, Food
Pantry, and Rescue and Helps
Ministry, are ready to move into
the next century.

0 N

*I *F.*. hI 'Cr I j

The Grant included refurbishing the clapboard
siding and 72 shutter units. This view is
showing a portion of the windows, many
containing original glass, on the west side of
the historic structure.







This back porch was added in the recent renovation
to protect the rear of the building.

SI I l l l l l l l l l l l l l l l l l l l l I I l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l ll l l l
SHans & Esther
J P(ta Cn.111i TV
Special Offer 1ai Clm an )Iv o g
S Weekly Rates w l
S Free Coffee
E r e Highway 319 and 98
E P.O. Box 1337
SCarrabelle FL 32322 Downtown Adjacent to Carrabelle River
S(9 6 7-3410 Reservations Accepted Mastercard Visa
: (904) 697-3410

Messina-Day House, 111 Fourth Street, Apalachicola, Florida 32320
Trade discount to qualified contractors

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

* Crickets
* Shiners
* Squid Shrimp
*Ice *Feed

* Minnows
* Worms
* Cigar Minnows
* Tackle
* Chum


K^04^t^ 4 H~ir DtL~li(/f

The east side of Trinity showing the completed Ionic column, the front facing The front doors of Trinity were also renovated,
and clapboard side with three shuttered windows, stained and varnished in 19th century style.


Folklife Days

Rural Folklife Days will be held
November 6-9 and November 12-
15 at the Stephen Foster State
Folk Culture Center in White
Springs, Florida. In making the
announcement, Secretary of State
Sandra B. Mortham said, "The
Department of State is proud to
highlight traditional activities that
are part of rural north Florida life.
For generations, fall has been a
time for people to share the har-
vest and prepare for the coming
year. Many farm families still
grind sugar cane to make syrup,
boil lye and fat for soap, can fruits
and vegetables from home gar-
dens, and make quilts in prepa-
ration for the coming winter. Lei-
sure time is often filled with ac-
tivities such as storytelling, mu-
sic and playing games. During
Rural Folklife Days, regional fall
traditions are presented to stu-
dents and the general public.
Programming begins each day at
9:00 a.m. and lasts until 4:00
p.m. Admission is $3 per person.
Teachers and bus drivers accom-
panying classes will be admitted
free. Children under six are also
admitted free. Groups are wel-
come to bring a picnic lunch or
purchase lunch from food vendors
in the park.

Registration forms are available
from Teresa Hollingsworth, Bu-
reau of Historic Preservation, R.A.
Gray Building, 500 South
Bronough Street, Tallahassee,
Florida 32399-0250 or by calling
(904) 487-2333.



The Capital Area Chapter of the
American Red Cross has acquired
a limited quantity of Coastal Con-
struction Manuals.
This 257 page manual provides
technical guidance on how to de-
sign and construct buildings in
areas subject to coastal flooding
such that the potential risk of
damages from both flood and
wind are minimized. The techni
cal criteria contained in this
manual can be used to comply
with the performance standards
of the National Flood Insurance
Program. It is intended for use by
designers, builders, developers,
community building officials and
the homeowner.
If you would like a copy of this
manual we can mail one to you
for the cost of shipping. To order
send $5 to Disaster Services,
Capital Area Chapter, American
Red Cross, 187 Office Plaza Dr.,
Tallahassee FL 32301.

Franklin Chronicle
Now Distributed in Franklin, Wakulla
Now D and Gulf Quatiel;

A r
The Whistle Stop mid The Fix-It Shop,
re Now An All-In-One Stop
Carrabelle, Florida Call 697-3539 Hi-llwav 67 & A Street

wuw InsullAtions a or prIvs

Suppliers of:

^aLLJL r-S-i-ci &

Call for Reservations
and Information

Tues.-Sat. 10 a.m.-6 p.m.
670-4200 Eastpoint
Walk-ins Welcome

October Specials



Located behind
Fisherman's Choice off
Highway 98

We have the
l for your
and wishes.
...no matter where you are-
ours is a service you can trust.
Kelley Funeral Home
Kelly-Riley Funeral Home
serving all of Franklin County




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