Title: Franklin chronicle
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00089928/00068
 Material Information
Title: Franklin chronicle
Physical Description: Newspaper
Language: English
Publisher: Russell Roberts
Publication Date: August 8, 1997
Copyright Date: 1997
Spatial Coverage: United States -- Florida -- Franklin -- Apalachicola
Coordinates: 29.725278 x -84.9925 ( Place of Publication )
 Record Information
Bibliographic ID: UF00089928
Volume ID: VID00068
Source Institution: Florida State University
Holding Location: Florida State University
Rights Management: All rights reserved by the source institution and holding location.

Full Text

The Published Every Other Friday

SFr nklin chronicle

Volume 6, Number 16 A LOCALLY OWNED NEWSPAPER August 8 21, 1997

Coastal Petroleum Not

Entitled to Royalties

On Tuesday, August 5, 1997 the First District Court of Appeals de-
cided an appeal taken to them by Coastal Petroleum of Apalachicola.
This case was about a form of inverse condemnation which is an
action brought by a property owner seeking compensation for land
taken for a public use, against a government or private entity which
has the power of eminent domain. As alleged in their appeal, Coastal
Petroleum was seeking compensation from the State of Florida for
denial of an oil drilling permit. In a lower court, Coastal Petroleum
argued that they were entitled to compensation for oil royalties due to
the state's decision not to permit them to drill for oil. This amounted
to seizure of their leased property without compensation, Coastal ar-
gued. The lower court found that such action, authorized in a 1990
statute prohibiting oil drilling in state-owned submerged lands did
NOT amount to an unlawful taking of that land, and therefore no
money would be paid to Coastal Petroleum.
Coastal Petroleum appealed that decision by Judge Padovano, when
he decided the case as judge in the Circuit Court for Leon County.
Judge Padovano has since become one of the justices at the First
District Court of Appeals, but he did not sit on the three judge panel
that rendered the decision last week. The three judges led their opin-
ion with this language.
'"The trial court determined that a 1990 statute prohibiting
the exploration and drilling for oil in certain areas off the
coast of Florida did not amount to a taking of Coastal's prop-
erty interest in a percentage of royalties from oil taken from
the area which was reserved as a result of a previous agree-
ment with the state. We concur in the sound reasoning of the
trial court in determining that '...Because of Coastal's lack of
reasonable expectation that the State would lease and its
lack of ability to force the State to lease, the State's action in
protecting its' (sic) sovereign submerged land by preventing
exploration and drilling does not constitute a compensable
taking of Coastal's reserved property interest.'..."

Case History
"...The history of this case dates back more than 50 years.
On October 4, 1941, Arnold Explorations, Inc. signed an ex-
ploration contract and option to lease with the trustees of the
Internal Improvement Fund. This contract gave Arnold the ,.
right to search for and produce oil and other minerals in
lands owned by the state. Coastal Petroleum Company pur-
chased Arnold Explorations in 1947. By that time the explo-
ration contract had been modified into three separate leases-
specifically, lease numbers 224-A and 224-B encompassed
Gulf coast offshore areas, and lease number 248 covered Lake
Okeechobee and other fresh water bodies. The offshore area
defined in the leases runs from Apalachicola to six miles south
of Naples, from the coast seaward 10.36 miles, an area cor-
responding to the territorial waters off Florida's west coast.
Before conducting drilling operations, the oil company or the
operator of the project tries to determine where conditions
are favorable for the formation and accumulation of oil and
gas. The operator looks for basins, thick sediment accumu-
lation where the conditions favor formation of oil and gas. A
basin is defined as "prospective" if it has yielded or gives evi-
dence that it might yield oil or gas. It is "condemned" if it
yields evidence that oil and gas cannot exist.
"After 1947, coastal began to conduct geologic and seismic
studies to locate oil and other minerals within the area cov-
ered by the leases. Thirteen wells were drilled, but Coastal
did not find any oil or gas except in one location known as
Forty Mile Bend which was an inland area not covered by the
statute. Coastal was joined by The California Company and
later by Mobil Oil Corporation. Together they drilled nine other
offshore wells, but again no oil or gas was discovered. In all,
more than $16,000,000 was spent on the leases before 1968.
A great deal of information was gathered, but no oil was ever
produced in the offshore area covered by the lease.

Continued on Page 9


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6~ *~ U (

Commercial Fisherman Ronald Crum with the Pringle-Crum

County Approves "Preferred

Alternative" for SGI Bridge

The Franldin County Commission
unanimously approved a proposal
presented by Kirk Stull with HDR
Engineering, Inc. on August 5 for
the "preferred alternative" for the
placement of the future bridge
leading from Eastpoint to St.
George Island.
Mr. Stull informed board mem-
bers that a public hearing was
conducted on July 17 in order to
provide HDR Engineering, Inc.
with community feedback on the
placement of the proposed bridge.
'The hearing was well attended,"
he said, "and I feel like we got a
good cross-section of opinions."
The preferred "iternative for the
bridge, said all, was a "west-
shifted alignment" which con-
nected with the existing bridge
ends. He said that the preferred
alternative would also be shifted
approximately 800-1,000 feet to
the west to avoid the oyster bars.
He said that surveyors with the
engineering firm would soon be
completing a bottom profile sur-
vey of the area to determined
whether the project can be "fine
tuned" in order to avoid the reef.
"We've proposed a mitigation plan
to get out there in advance of con-
struction," Stull continued, "and
establish some new bars."
Seafood Workers Association
President Leroy Hall requested
that the bridge be moved three
miles east of the "preferred alter-
native." He stated, "it would not
effect one oyster bar at all if they
did that," said Hall. He pointed
out that barges would otherwise
be in the general location of the
oyster bars for a period of five
years. "We know that there are
gonna be some damage," he said,
"and there's gonna be some se-
vere damage."
Lee McKnight questioned whether
a tract of oyster shells could be
placed along the bridge route in
order to minimize damage to the
oyster bars. "Maybe you could
extend it past the bridge route on
both sides," he suggested, "and
create a new oyster bars. At the
same time, it would also keep
from stirring up sediment from
the bottom...if this thing is gonna
effect the bars, at least some of
the damage can be mitigated by
creating a new and larger bar."

Kirk Stull
Mr. Stull said that he could not
estimate the acreage of mitigation
that will occur until the area was
surveyed. "Our documents show
literally pages of controls we're
proposing on the contractor," said
Stull. Some of those controls, he
said, included the prohibition of
work bridges in order to avoid
damage on the bottom. In addi-
tion, he said that dredging, sand-
blasting and painting would not
be allowed; he also said that
barges would not be allowed in
waters less than seven feet deep.
Tallahassee resident Jack Phiel
encouraged commissioners to
leave the old bridge intact for rec-
reational and commercial rea-
sons. Mr. Phieb said that the old
bridge could serve as a recre-
ational-ecological greenway.
The largest contiguous oyster
beds, said Phiel, encircled the ex-
isting Bryant Patton Bridge struc-
ture. He also point out that the
water level around the structure
was extremely shallow'from one
end of the causeway to the other.
"If this bridge was to be demol-
ished and the concrete pilings
taken out," he said, "there's gonna
be immediate impacts to these
oyster beds. They're gonna come
up with these pilings and it's
gonna disturb the habitat."
Continued on page 8

Wakulla Commercial

Fishermen Seek Declaratory

Judgment for New Net

SPlaintiffs Raymond S. Pringle, Jr. and Ronald F. Crum filed a lawsuit
in Circuit Court in the Second Judicial District (Wakulla County) last
week (on July 24th) seeking a declaratory judgment involving their
new net in compliance with the so-called "net-ban" amendment to
the Florida Constitution.
Their brief, submitted by attorney Ronald A. Mowrey, alleged that the
Florida Marine Fisheries Commission (FMC) pursuant to their statu-
tory authority, have steadily decreased the types of nets that qualify
as legal nets under the so-called "net-ban" Amendment to the Florida
Constitution. This restriction has taken the form of reduced mesh
sizes, reducing the types of twine from which a net may be constructed,
.or reducing the types of non-gill and non-entangling nets that can be
used in Florida nearshore and inshore waters.
The brief further alleges,
15. These changes by the MFC have defeated the purpose of
the Amendment by not considering the effect such reduc-
tions have on juvenile fish populations. Further, the changes
are contrary to the standards the. MFC must follow in pro-
mulgating rules, which provide that in adopting a rule for the
protection and conservation of marine resources, the rule
must: be based upon the best information available to the
MFC, including biological, sociological, economic, and other
information deemed relevant by the MFC; permit reasonable
means and quantities of annual harvest consistent with maxi-
mum practicable sustainable stock abundance on a continu-
ing basis; and be fair and equitable to all the people of this
state and carried out in such a way that no individual,
corporation or entity acquires an excessive share of such
According to their legal brief, a "seine" net was previously defined as
a small-meshed net suspended vertically in the water, with floats along
the top margin and weights along the bottom margin, which enclosed
and concentrated fish and did not "usually entangle fish in its meshes."
The MFC has recently attempted to conform the Rule to the Section
16 (c) (1) definition of gill nets in the Amendment by deleting the word
"usually" from that definition. Crum and Pringle continued their ar-
gument that under this newly amended rule, a seine net may not
entangle any marine animal in its meshes or else it will be unlawful,
despite the fact that a seine net is a legal net under the Amendment.
Their argument concluded, thus "...This rule change, coupled with
the harsh enforcement of the Amendment by the FMP has, in effect,
created a complete ban on marine net fishing." The brief continued,
"Plaintiffs are thus in great need of a determination as to the size,
measurement and configuration of nets that may be used in Florida
waters in order to properly comply with the Amendment while
sustaining a livelihood for their lifelong occupations as commercial
20. In that regard, Plaintiffs have developed a net known as
the "Pringle-Crum" net which they intend to use and gener-
ally duplicate as a basis for creating a commercially-viable
net that will fully comply with the Amendment. A diagram of
one such net intended for a specifically targeted finfish spe-
Continued on Page 9

Eastpoint Group Begins Work on

Charter for Incorporation

Approximately 15 residents with
the newly formed group known as
the Committee for the Incorpora-
tion of Eastpoint gathered at the
Eastpoint Firehbuse on July 31
to begin the lengthy process of
creating ordinances and a char-
ter with the intention of eventu-
ally obtaining municipal status for
the community of Eastpoint.
During the course of a one hour
meeting, committee members ten-
tatively approved many articles
within a proposed charter. The
group tentatively approved issues
regarding the city's boundaries,
general powers, eligibility to hold
office, vacancies in office, im-
peachment procedures and terms
of office.
Discussion thickened as mem-
bers reviewed such issues as Of-
ficers and Boundaries of the City.

While committee members came
to terms with tentative bound-
aries for the area, they agreed to
table discussion concerning offic-
ers for the city.
The proposed western boundary
that was tentatively accepted
would begin at East Bay and ex-
tend east to Yents Bayou; further-
more, the boundary would begin
north from Whiskey George and
extend south to the St. George
Sound. ,
Those in attendance seemed to
generally oppose the role of the
mayor as proposed in a drafted
charter that was presented to
them. Committee Vice-Chairper-
son Jim Sisung proposed that the
mayor be a non-voting member
whose main functions would in-
clude attending ceremonies and
Continued on page 8


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Page 2 8 August 1997 The Franklin Chronicle


Published every other Friday



Notes from the August 5
Franklin County
Commission Meeting
*The board selected a bid from
C.W. Roberts Contracting, Inc. for
$246,997 to pave the C.C. Land
Road in Eastpoint. Other bids
were submitted by Mitchell Broth-
ers, Inc. ($391,571) and Peavy
and Sons Constructions Co., Inc.
County Planner Alan Pierce in-
formed the board that the county
only allocated $200,000 for the
paving project. The board directed
Pierce to attempt to negotiate with
C.W. Roberts in an attempt to
have the bid price decreased.
*Solid Waste Director Van
Johnson entered a request on
behalf of the Keep Franklin
County Beautiful. Committee to
change the amnesty days in the
county. He requested that the
days be changed from two sepa-
rate one week amnesty periods to
one day per month for yard trash,
white goods and used tires.
Mr. Johnson also requested that
yard trash amnesty be allowed
one day per week, rather than one
week per month. Specific dates
and times, he said, would soon
be determined and then adver-
tised. The board approved Mr.
Johnson's requests.
*The board unanimously ap-
proved the maintenance agree-
ment for Phase II of the St. George
Island Bike Path. The agreement
was needed before construction
could begin on the project.
*County Planner Alan Pierce in-
formed the board that Anne Mor-
gan had resigned her position as
an alternate with the Franklin
County Planning and Zoning
Committee. He requested that the
position be filled.
*County Planner Alan Pierce rec-
ommended that the board nego-
tiate a contract with the Franklin
County Senior Citizen's Center to
serve as the new administrator for
the Sadowsky Housing Initiative
Plan (SHIP) Program. Pierce also
recommended that the senior
center's board of directors serve
as the new SHIP committee. He
also informed the board that
Julian Webb and Associates had
requested to be released from the
current SHIP contract. The board
accepted Mr. Pierce's recommen-
dations. The board also agreed to
write Julian Webb and Associates

and request that they attend the
next board meeting.
*The board authorized the pay-
ment of $80 to Noah Lockley, Jr.
to make emergency repairs to the
home of Ms. Lizzie Rhodes.
County Planner Alan Pierce in-
formed the board that the house's
sewer and water lines leaked. The
home repair was a part of the
SHIP Program.
*Mike McDonald with the Florida
Power Corporation informed the
board that a substation would
hopefully be placed on St. George
Island by the middle of May of
1998. He told commissioners that
an open house ceremony would
be conducted at the facility.
*The board directed County Plan-
ner Alan Pierce to meet with Sher-
iff Bruce Varnes to determine
whether the Franklin County
Sheriffs Department would be
willing to take over the duties of
Emergency Management. Mr.
Pierce said that John Sack, cur-
rent Emergency Management Di-
rectoi had already submitted his
letter of resignation. He said that
Mr. Sack had agreed to serve as
director until the position was
filled provided that it did not take
too long to find a new Emergency
Management Director.
*The board agreed to authorize
the chairperson's signature for a
proposed grant application by the
Department of Environmental
Protection ecosystem manage-
ment team to the Environmental
Protection Agency. The grant
would obligate the county to pro-
vide some type of in-kind service.1
Pierce said.that both the planning
office and the county extension
office could be regarded as an in-
kind service provider. "DEP would
be the recipient of this grant," said
Pierce, "but since it deals with is-
sues in Franklin County, we
would benefit."
*County Planner Alan Pierce an-
nounced that the Florida Depart-
ment of Transportation (FDOT)
had recently informed Franklin
County that they would not as-
sume responsibility over County
Roads 67 and 370 as was ex-
pected when the county adopted
the local option tax on gasoline.
County Clerk Kendall Wade stated
angrily that assurances. were
made long ago that the two roads
in question would be taken over
by the state when a gas tax Was
adopted in Franklin County.
"They (FDOT) promised us they'd
take it back verbally," he stated,
"They promised the senator (Sen.
Pat Thomas) they'd take it back.
And now they're saying, 'no, we're
not gonna take it back.' I think
it's time we went up to Tallahas-
see and did something...I think
it's time that we put the pressure
on them to take (County Road) 67
:and also 370: .

The board agreed to request that
a member from the Florida De-
partment of Transportation
meet with the board at the next
*County Planner Alan Pierce in-
formed the board that no one has
yet agreed to construct basketball
courts at Eagle Park. He said that
approximately $13,000 in grant
money would go back to the De-
partment of Environmental Pro-
tection if a contractor could not
be located to build the basketball
courts by September 30.
*The board unanimously agreed
to abandon Indian Shores Drive.
County Planner Alan Pierce in-
formed the board that the road
served as an existing park around
an Indian mound that was dedi-
cated to the public. Pierce said
that neither the road or park has
been maintained by the county.
He further stated that developer
John Horan had voiced concern
that illegal dumping was becom-
ing a problem in the noted area.
*County Planner Alan Pierce
questioned whether the board
was interested in having the plan-
ning and zoning commission draft
a beach lighting ordinance for St.
George Island to help keep the
baby sea turtles from getting dis-
oriented by a false horizon. The
state law regarding beach light,
he said, applied only to those
houses under construction.
"Once a house is complete," he
said, "an owner could change the
exterior lighting and there is noth-
ing that the state can do." Pierce
said that the proposed ordinance
would be much like the state law
in regard to beach lighting. "By
being a local ordinance," he
pointed out, "the Marine Patrol
could then enforce it as needed."
Commissioner Eddie Creamer
suggested that the county not get
involved in such a matter. He said
that the federal government
should take care of the enforce-
ment of a lighting ordinance.
Lee Edmiston with the Depart-
ment of Environmental Protection;
stated that only one federal Fish
and Wildlife officer from Tallahas-
see was available to enforce the
lighting ordinance. "It's gonna be
rare that he gets down here," said
*The board tabled a request from
Steven Rash for a permit to allow
him to conduct a proposed beach
party on St. George Island in


Carrabelle Commissioners

Call CableVision to Task

By Rene Topping
The Carrabelle City Commission-
ers did not mince words at the
City Commission meeting on
Monday, August 4, as they con-
demned the CableVision company
for dragging its feet on payments
of the franchise fees owed to the
city. No representative of the com-
pany was present to hear them
express their disgust with the
treatment the city has suffered.
The company was accused of
dragging its feet on the contract,
changing the terms the city of-
fered and that it has been one full
year and still no contract. It
seemed to be the general opinion
that they had reached an
Commissioner Buz Putnal said,
"I'd rather go back to an antenna
than be held hostage." There was
talk that the city dwellers could
do just as well with some of the
small disc antennas. Also, Mayor
Charles Millender was ready to
have them get their equipment off
the city's tower.
Anger has been rising in
Carrabelle, not only with the com-
mission, but with many city resi-
dents who feel that they have little
choice in the programming offered
them. City commissioners had
asked newly appointed City Attor-
ney Ann Cowles to look into other
services. Finally, they agreed to
allow CableVision 15 days to re-
spond to the City request for a
meeting. The 15 days start at the
point where the company receives
a letter from Cowles outlining all
the demands from the commis-
sion. The commissioners say their
demands must be met or
Carrabelle will discontinue their
service immediately.
Sheriff Bruce Varnes won support
from the commissioners on his
request for use of the city hall in
case of a hurricane. It would be-

come a command post for this
part of the county. Varnes was
given a warm reception by Com-
missioner George Jackson who
said, "Come over and meet with
us if something does happen. The
Carrabelle Police Department will
work with you."
Once again, the opening for a new
employee in the Water and Sewer
Department went unfilled as the
commissioners were warned by
their attorney that they had to
follow the advertisement and look
at all applications still on file at
the city hall. There were questions
as to qualifications for the job. The
advertisement had read that the
applicant must have finished high
school, Cowles explained that if
the applicant did not have a high
school education according to the
ad, he would be ruled out imme-
diately. Commissioner Jim
Phillips and Keith Mock argued
that a man who was otherwise
suited should be able to have
some time to complete high school
or get his GED. In the end the
commissioners decided that they
would readvertise the job.
Long time resident H.A. Ras
Larsen addressed the commissi n
on a matter of some pine trees
that he felt needed to be taken
down on Three Rivers Road.
Larsen said, "I am 81 years old
and I have climbed many a hill in
this town. I have sat where you
[the commissioners] are sitting. I
have just come to say my piece
and go home." Larsen had his say
and it was simply that he want
the city to cut down trees that
were extending their roots into the
sewer lines and causing back up.
SCommissioner George Jackson
made a.motion to cut down the
offending trees, and the motion
was seconded by Jennie Sanborn
and was unanimously approved.


-. *1


,1 1

Standing (L-R): Alison
Hartley, Daniel Crum, Pam
Rush and Toni Turner.
Kneeling (L-R): Ashley Koch,
Christen Chason and Holly

The Icing on

the Cake

Six students with the WINGS Pro-
gram participated in a desert
decorating activity led by Pam
Rush on August 5 at the
Eastpoint Branch of the Franklin
County Public Library. Ms. Rush
taught the young students how to
apply icing, sprinkles and other
decorations to cupcakes.

F:i '

Plans Uncertain for Proposed

Eastpoint Golf Course

Franklin County Commissioners
neither approved or denied a
request from local developer
Morris Palmer during the board's
regular August 5 meeting to begin
work on a proposed nine hole golf
course in Eastpoint. Mr. Palmer
requested that the project be
approved subject to receiving
state stormwater permits.
The board listened to a variety of
local opinions on the matter that
listed both the merits and
demerits of the proposed golf
course. One resounding opinion
from the project's detractors was
the lack of control involved in the
matter. Proponents of the project
stressed that the county needed
such a recreational amenity.
"I do understand that there are
people who don't want this
project," said Palmer, "and I
respect their various opinions."
Lee Edmiston with the
Department of Environmental
Protection said that a primary
concern was with the direction
and velocity of the project's
groundwater. "Our concern is
with the groundwater movement,"
said Edmiston, "and the direction
it goes, the speed it goes and what
happens to the chemicals."
Mr. Edmiston said that the DEP
was also concerned with the
fertilizer used in the project.
"Some of the pesticides and
fungicides and insecticides he's
proposing to use," said Edmiston,
"have half-lives of anywhere from
three to twenty-five days."
Edmiston also pointed out that
there were five public water wells
in the project's vicinity.
"There's no black and white here,"
Edmiston concluded, "I can't give
you an absolute of what's being
proposed will not haim the bay
or will harm the bay." He
requested that more information
be provided in concern to the
depth and movement of the
County Planner Alan Pierce said
that it was preferable to have a
project in which some type of
control mechanism was available.
He said that single family homes,
for example, would offer no such
means of monitoring. "One of the
benefits of having a project where
the developer is willing to do some
monitoring is that you do have a
handle on what is being done out
there," he said.
County Planning and Zoning
Committee member Mary Lou
Short said that the proposed golf
course was a preferred alternative
to a subdivision or a large trailer
park. She also said that it was


Morris Palmer
important to have a project that
offered a means of monitoring the
County Attorney Al Shuler said
that he was not aware of any
enforcement mechanism in the
proposed project. "I have heard
that certain things are gonna be
done," said Shuler, "I haven't seen
that the county is gonna be in a
position to see that those things
are done." Attorney Shuler
continued, "frankly, I think that
calling this a park or a playground
is about to exceed the usual giggle
factor." He recommended that the
project be put through a Planned
Unit Development (PUD)
Commissioner Jimmy Mosconis
said that such a procedure would
only satisfy "a lot of bureaucratic
wishes in Tallahassee." He
continued, "it will take him
(Palmer) years and a tremendous
amount of money."
Chairperson Raymond Williams
stated that he wanted a system
of checks and balances for the
proposed project. "We certainly
have to protect the bay," he
Resident Lee McKnight warned
that the herbicide known as 2-4D
would be used excessively. "Mr.
Palmer said that he was gonna
put out 11 pounds," said
McKnight, "it turns out that he's
putting out 11 gallons." He said
that the herbicide product was
toxic to aquatic invertebrates.
'The last I heard," he said, "an
oyster is an aquatic invertebrate."
Mr. McKnight also questioned
where the herbicides and
insecticides would be mixed. 'The
Department of Agriculture," he
said, "specifies that a lot of the
pollution comes from where these
are mixed." He continued, "we're
basically dealing with a lot of 'we
don't knows.' What we do know

is what we stand to lose on one
side if the people opposing this
golf course are right."
The commission's reluctance to
conduct an evening meeting on
the matter, said McKnight,
presented a hardship to the.
working population. "Each an
every one of you is a volunteer,"
said McKnight, "we didn't draft
you to become a county
commissioner. An underlying
assumption of running for office'
is that you can balance the duties
of your business life, your
personal life and your public life
together in order to serve your
constituents. If you can't do that,
either resign or give us our night
Resident Joyce Estes voiced her
support for the proposed golf
course. "We need something here
that is positive," said Estes. She
requested that the board make a
definite decision on the matter.
Resident David Walker said that
there were many good reasons to
have a golf course. He said that
the sport was gaining greater
popularity with the youth
population due to the emergence
of pro golfer Tiger Woods. Walker
urged the board to approve the
Resident Bobby Varnes said that
he was opposed to the proposed
golf course. He warned that such
projects were detrimental to the
seafood industry. He explained
that people visited Franklin
County for the seafood. Varnes
said that the golf course would not
draw as many people to the area.
Resident Bill Hartley warned the
county against taking repeated
chances on the seafood industry
with risky development projects.
"The idea of putting the bay in
jeopardy for a little pitch-and-putt
golf course is ludicrous," he said,
"that area drains directly into the
bay...if you guys keep taking
chances, eventually you're gonna
get the bay."
Commissioner Bevin Putnal made
a motion to deny Mr. Palmer's
request. However, his motion did
not receive a second. After the
board failed to either approve or
deny the project, resident Bob
Patrick questioned whether the
board was able to make a
decision. "I thought we has some
commissioners who could make
a decision," Patrick stated.
Resident Williard Vinson
commended the board. "I'm glad
your real concerned about the
state's resources and the county's
resources," said Vinson, "the state
spends a lot of money in the

'g i~

(Left) County Planner Alan Pierce presents a map of the proposed golf course. (Right) Lee
Edmiston addresses the board as Williard Vincent looks on.

Apalachicola Bay for the oyster,
industry. We're glad you want to,
keep it that way." He encouraged
the board to take their time in
making a decision.
Mr. Palmer eventually removed
his request to approve a golf

course and asked that
commercial building and a driving
range be approved. The board
unanimously approved these
requests. Palmer said that he
would make a final decision on
the proposed golf course at a later



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Apalachicola, Fl 32320

Carrabelle Office
Hwy 98 & 2nd St
Carrabelle, Fl 32322


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.gl4~P~d~~L) 'i
"t b:: ~d~'g


Published every other Friday


The Franklin Chronicle 8 August 1997 Page 3


Sheriff Varnes and I would like to make you aware of an organization
which provides a critically needed service to residents of Franklin
county. The Florida Sheriffs Youth Ranches is a nationally recog-
nized child-care agency helping Florida's abused, neglected, or troubled
The Youth Ranches began 40 years ago when two Florida Sheriffs
drove to Texas to transport two juvenile delinquents back to Florida.
While in Texas, they heard of the success of Cal Farley's Boys Ranch
and decided the Sheriffs of Florida could start such a program. Gain-
ing the support of other Sheriffs throughout the state, they were able
to acquire 140 acres of donated property near Live Oak. In 1957 the
first cottage was built and the first boys were admitted to the pro-
gram in 1959.
Since that time, the Youth Ranches has grown into a statewide orga-
nization serving boys and girls. In addition to the Boys Ranch, we
operate the Youth Vlla/Bartow, Youth Ranch/Safety Harbor, Youth
Ranch-Bradenton/Sarasota, Caruth Camp-Inglis/Yankeetown, and
the Youth Camp/Barberville. Since 1957, the Florida Sheriffs Youth
Ranches has touched the lives of over 30,000 boys, girls, and their
The mission of the Florida Sheriffs Youth Ranches has remained the
same, to prevent juvenile delinquency and develop lawful, productive
citizens through a broad ranch of family-centered services.
We depend primarily of voluntary gifts from individuals... Sheriff
Varnes and I would like to ask for your financial support to help us
provide the boys and girls with the basic tools they need to become
productive members of society. Your support helps to provide
love...discipline...guidance...and a safe place to live.
Linda Crews
Development Officer
P.O. Box 2000
Boys Ranch, FL 32064
(904) 842-5555

Capital Gains Cut Helps Elderly

The main argument against cutting the capital gains tax has always
been that the cut would primarily benefit the wealthy. However, a
new study from the Congressional Budget Office (CBO) shows that
the benefits of reducing the capital gains tax and indexing capital
gains for inflation would mainly benefit the middle class and the
Entitled, "Perspectives on the Ownership of Capital Assets and the
Realization of Capital Gains," the CBO paper presents voluminous
data on those who realize capital gains, the assets they own, theit
ages, and the taxes they pay. Among the findings:
About half of all families own assets such as stock, bonds, ieal
estate and businesses that generate capital gains. These assets ac-
count for about 38 percent of family wealth.
Over a 10-year period, about one-third of taxpayers reported capital
gains or losses.
Although about 75 percent of total capital gains in dollar terms are
realized by those earning more than $100,000, two-thirds of those
people with capital gains made less than $50,000.
The amount of gains realized by the wealthy are inflated by those
with one-time gains, such as the sale of a family farm or business.
The elderly realize a disproportionate amount of capital gains.. In
1993, those over age 65 realized 30 percent of all capital gains,
although they make up just 12 percent of the population. They also
paid 18 percent of all capital gains taxes.
The most remarkable data in the CBO study shows the effect ofinfla-
tion on capital gains. It indicates that in 1993 every income class
except those with incomes above $200,000 suffered real losses on
their sales of capital assets. That is, the prices they sold their assets
for had not increased as much as the inflation rate. Yet billions, of
dollars in taxes still had to be paid on the nominal gains.
For example, if a good was purchased for $100 and sold for $150, a
nominal gain of $50 was realized. But if inflation increased by 75
percent between the time the item was bought and the time it was
sold, a loss of $25 was actually suffered. The item would have had to
*,.: have been sold for $175 just to break even. Nevertheless, taxes had
to be paid on the $50 "gain."
The new CBO study provides strong evidence that cutting the capital
gains tax or indexing capital gains for inflation does not benefit just
the wealthy.
Bruce Bartlett Senior Fellow, National Center for Policy Analysis
James Madison Institute

1 1 904-927-2186
S' 904-385-4003 (TALLAHASSEE)
oN' ] Facsimile 904-385-0830

Vol. 6, No. 16

August 8, 1997

Publisher ... Tom W. Hoffer

Editor and Manager ................. Brian Goercke
Sales (Tallahassee) Kevin Oaks
Contributors Sue Riddle Cronkite
............ Tom Loughridge
............ Bonnie Segree
............ Rene Topping
.......... Carol Vandegrift
Advertising Design
and Production Diane Beauvais Dyal
............ Jacob Coble
Proofreaders. Richard Bist
............ Kevin Oaks
Production Assistant Richard Bist
Circulation Scott Bozeman
............ Larry Kienzle

Citizen's Advisory Group

George Chapel Apalachicola
Sandra Lee Johnson Apalachicola
Rene Topping Carrabelle
Pat Morrison St. George Island
Dominic and Vilma Baragona ...............St. George Island
Elizabeth and Jim Sisung Eastpoint
Bedford and Eugenia Watkins ............ Eastpoin.t
Wayne Childers Port St. Joe
Anne Estes .... Wakulla

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 1997
Franklin County Chronicle, Inc.

Chamber of Commerce

"Changing, Grwing"

By Sue Riddle Cronkite

Phil Ware, President of Coastal Petroleum, in his
Apalachicola office.

Background of Coastal Caribbean

Oils and Minerals, Ltd. and Coastal

Petroleum (of Apalachicola)

Publisher's note: Without taking sides on the volatile issue of oil
drilling in the Gulf of Mexico, the Chronicle has excerpted sections
of Coastal's officially filed statements to the Securities and Ex-
change Commission regarding their corporate business for 1996.
These statements, read outside of the rumor and mindless opinion
sometimes circulating in this: area; a reader might find some light-
and considerably less heat-int6i these issues. Coastal Petroleum
has filed 12 new applications for permission to begin drilling for
oil, and three of those sites are,off of St. George Island. These are
indicated on the map accornparing this review. Site #1281 is the
current location for the peingpermit which was the subject of
litigation in the past year, and laat too, is still continuing.
Record holders of Coastal Petroleum stock, traded on the Boston
Stock Exchange, number 13,40@.

The Business without further public hearings,
and(2) whether certain royalty
Coastal Caribbean Oils & Miner- interests owned by Coastal Petro-
als, Ltd. (the "Company" or leum have been confiscated by the
"Coastal Caribbean"), a Bermuda State of Florida, entitling Coastal
corporation, is engaged through Petroleum to compensation for
its majority owned subsidiary in such confiscation. In addition,
the exploration for oil and gas re' Coastal Caribbean is a party to:
serves. At December 31, 1996' -'ne additional action in which:
Coastal Caribbean's principal as- Coastal Caribbean claims that
set was its subsidiary, Coastal certain of its royalty interests have
Petroleum Company ("Coastal been confiscated by the State.
Petroleum"). During 1996, the Company
actively pursued the Florida
Coastal Petroleum's principal as- Litigation.
sets are its nonproducing oil, gas "
and mineral leases and royaltyi i"In 1996, Coastal Petroleum con-
interests in the State of Florida. tinued its efforts to obtain a per-
Coastal Petroleum has made no r mit to drill an oil and gas explo-
commercial discoveries on the, ,, ration well on its leases. Its ap-
lands covered by these leases. ', plication for such a permit has
St.bIeen delayed by the Florida De-
Coastal Petroleum is the lessee"f apartment of Environmental Pro-
under State of Florida leases re-' tection (DEP) on the basis that
lating.to the exploration for and:.t' further public hearings are re-
production of oil, gas and miner- quired. Coastal Petroleum also
als on approximately 3,700,000 spent approximately $282,000 in
acres of submerged lands along'1 1996 in connection with its pro-
the Gulf Coast and under certain gram to identify potential drilling
inland lakes and rivers. The leases prospects.
provide for a working interest in -;
approximately 1,250,000 acres In 1990, the State of Florida en-
and a royalty interest in approxi- acted legislation that prohibits
mately 2,450,000 acres covered drilling or exploration for oil or gas
by the leases. Coastal Petroleum on Florida's offshore acreage. The
has made no commercial discov- law does not apply to areas where
series on its leaseholds. Coastal Petroleum is entitled to
conduct exploration. However, in
Coastal Petroleum has been in- those areas where Coastal Petro-
volved in various lawsuits for leum has only a royalty interest,
many years. Currently, Coastal the law effectively prohibits pro-
Petroleum is a party to two actions
in which two basic claims are be-
ing contested (1) Whether Coastal
Petroleum may obtain an oil and
gas exploration drilling permit

--E" f****

"Small town, BIG Service"

Real Estate Consultants,
Sales and Management,
Residential, Commercial
and Industrial.
Phone: 904-697-2847

A private tutoring service.
William D. Castoldi, BA
Shirley Castoldi, BA, MA
Education Specialists.
Phone: 904-697-2847
Downtown Carrabelle
Berry Street and Curtis Avenue
Carrabelle, FL 32322-0040
SFax: 904-697-4102 J

Every duty performed at the Bay
Area Chamber of Commerce office
on Market Street in downtown
Apalachicola is an effort to expand
and bring new business and in-
dustry to the area, J. Patrick
Howard, outgoing executive direc-
tor, told members of the Apalachi-
cola Rotary Club at their weekly
luncheon gathering.
"From answering telephone in-
quires about vacation accommo-
ations to gathering figures on
business and industry, that's
what it's all about," he said.
Howard introduced Anita Gre-
gory, the new executive director
of the Chamber and the annual
Florida Seafood Festival, to mem-
bers of the service club.
"The new executive director has
her work cut out for her," said
Howard. "I know she has some
new ideas to add to what we al-
ready have going. You should
have seen the pile of applications.
Forty people, from over the coun-
try, applied for the position.
Marilyn (Hogan) and I were de-
lighted. Her background just fits
the needs of the area right now."
"I'm happy to be here," Gregory
,told Rotary members. "One of the
first things I did was take my two
dogs to Lafayette Park for a walk.
They wagged their tails at every-
thing. It's a beautiful area. It is
refreshing to be in a community
this size where everybody can be
involved in what's going on. I hope
to meet you all and talk with you
Gregory, more recently with the
annual Springtime Tallahassee
promotion which draws around
250,000 people to the state's capi-
Stol city, has worked with the Mu-
Seum of Florida History on other
special events including Cultural
Arts Day at the Capitol. She be-
,gan work on July 28.
Howard said he will be concen-
''trating on a real estate career
"back in Port St. Joe," but will
'remain on the annual Seafood
Festival's board of directors
'in order to ensure a smooth
Howard said he began working
-with the Apalachicola Bay Area
Chamber of Commerce in Novem-
ber of 1995. "When I started out
theoffice didn't even have a type-
writer. now we're computerized.
We send out lots of area informa-
tion. We use the fax machirie a
great deal. We have an updated
:,mailing list and furnish mailing
labels to members for a fee.
i "Our computer data base is
topnotch." said Howard. "We're
now on the internet, which is a
set of information anyone can
=access from anywhere in the
.world. We have our own internet
site, which furnishes information
on the Apalachicola Bay area to
everyone who connects to it."

duction of oil and gas, rendering
it impossible for Coastal Petro-
leum to collect royalties from
those areas. Coastal Petroleum's
lawsuit on the issue is part of the
Florida Litigation.
Coastal Caribbean was organized
by a special enabling act of the
Bermuda Legislature passed on
January 15, 1962 which permit-
ted the filing of a Memorandum
of Association on February 14,
1962: The Company is the suc-
cessor to Coastal Caribbean Oils,
Inc., a Panamanian corporation
organized on January 31, 1953 to

Mike McDonald, local Florida
Power representative, asked
whether the Florida Power com-
puter equipment could be linked
to the Chamber computers. "I
don't know, but I don't see why
not," said Howard.
"When I came here we had 220
members, we now have 290," said
Howard. "That alone shows you
how much the area has grown. It's
now renewal time, and we've al-
ready retained 55-60 percent of
those members with the first
month's dues.
Some of the successful innova-
tions which have been added to
the annual Florida Seafood Festi-
val includes the raffling off of a
$1,000 bill. "Another successful
promotion was the Chefs Sam-
ler," said Howard. "It brought in
4,500. I hope that will continue
each year.
"We regularly deal with and fur-
nish information to major media
outlets," said Howard. "We re-
cently helped guide a reporter and
photographer around for a big fea-
ture story on Apalachicola. We're
dealing with Southern Living and
USA Today on stories featuring
the area.
"Also,. the Seafood Festival has
tripled the intake on the Commo-
dore program," said Howard.
"This is a sponsorship group who
help support the festival. For this
year's Festival music we've got Dr.
Hook and the Drifters, with shows
at 2 and at 7 p.m. Last year some
people left when the music
stopped. We don't want that to
happen again.
"This year we will have maritime
crafts," said Howard. "That com-
mittee is headed by Howard
Wesson and he's already lined up
some fascinating exhibitions. On
crafts and booths, we've already
got 3/4 of the number.we had last
Rotary President Chuck Marks
welcomed Gregory. "We're looking
forward to our association with
you as head of the Chamber," said
Marks. Mike McDonald is past
president of the service club.
James Harris is first vice presi-
dent, Cliff Butler, secretary, Barry
Brynjolfsson, treasurer, and J. V.
Gander is program chairman.
Rotary Club, a local service orga-
nization, meets each Tuesday at
noon upstairs over the Spoonbill.
"We invite area business people,"
said Marks. "We're looking for new
members." Rotary sponsors vari-
ous scholarships and other be-
nevolent activities, including re-
cently donating $250 to Bill Tho-
mas, new athletic director at
Apalachicola High School, to help
with expenses on summer work
in getting started with the fall
sports program.

be the holding company for
Coastal Petroleum Company.
Coastal Petroleum caused oil and
gas exploration to take place on
its leases prior to the onset of liti-
gation in 1968 but has conducted
more limited exploration since
that time sufficient to meet the
drilling requirements under the
leases. In 1996, the company ini-
tiated a program to identify po-
tential drilling prospects. No com-
mercial oil or gas discoveries have
been made on these properties;
therefore, the Company has no
proved reserves of oil and gas and
Continued on Page 10

George 12

1300 M-
Anclote Island #1 5

1301--- 60 S
Andote Island 12

o.0o0 7
Longboat Key #1
1303 S
cosrilfo Island 1 -- 9


\-9"- -- 4
1296 -- 1
Cope SL GeorFge I


Coastal Petroleum Co.
New Applcations


1279----. 1992 Applications

S Fderma Wotr. Wet
1300 (Penmit )
14.000 (Propoed Depths in ft.)
Anclote Islond f1



Page 4 8 August 1997 The Franklin Chronicle


Published every other Friday

Second Circuit

Felony Court

The Honorable Judge Van P. Russell
Assistant State Attorney Ron Flury
Assistant Public Defender
Kevin Steiger
August 4, 1997

James Amison: Charged with one count of Uttering a Forged Instru-
ment; Battery and Criminal Mischief, the defendant pleadedNot Guilty
to the offenses. Judge Russell continued the case for case manage-
ment on September 15. The defendant was represented by Assistant
Public Defender Kevin Steiger.
According to the probable cause report, the defendant allegedly ap-
proached, pushed and then punched a sixteen year old male inthe
face on March 15, 1997 near the Island Oasis on St. George Island.
According to the report, the defendant also kicked the left tail-light of
the victim's 1992 Pontiac Firebird. Another teenager provided the
sheriffs department with a sworn recorded statement to confirm these
According to another probable cause report, the defendant allegedly
cashed a check from the account of Nathan Donahoe in the amount
of $75 on June 3, 1997. According to the report, Mr. Donohoe signed
an affidavit of forgery on June 5 attesting that he did not endorse the
check in question. Donohoe informed authorities that he had allowed
the defendant to borrow his vehicle previously; he indicated that the
defendant had probably taken the check from his checkbook during
that time. Members from the Apalachicola State Bank informed au-
thorities that they could identify the defendant as the individual who
cashed the $75 check on June 3.
Charles Clardy: Charged with one count of Third Degree Grand Theft,
the defendant pleaded No Contest to the offense. Judge Russell with-
held adjudication and sentenced the defendant to 18 months of pro-
bation. Judge Russell also ordered the defendant to pay $255 for
court costs and $740 in restitution to Grady Leavins ofLeavins Sea-
food. The defendant was represented by Assistant Public Defender
Kevin Steiger.
According to probable cause report, the defendant was hired by Leavins
Seafood to take a delivery truck to Orlando, Florida on June 25. How-
ever, according to the report, the defendant allegedly left the delivery
truck parked at Leavins Seafood and departed with $300 worth of
expense money and a $400 cash salary advance.
Linda Goggins: Charged with two counts of DUI Involving Serious
Injuries, Driving with a Revoked or Suspended License Involving Se-
rious Bodily Injuries and one count of Leaving the Scene of an Acci-
dent and Hit and Run Involving Serious Bodily Injuries, the defen-
dant pleaded Not Guilty to the offenses.
According to the probable cause report, the defendant allegedly ran
into two vehicles on July 12, 1997 and left the scene of both acci-
dents. According to the report, the defendant drove her 1975 Ford
Maverick into the rear end of a pick-up truck that had stopped at a
stop sign on Hickory Dip near North Bayshore Drive. Two individuals
were allegedly ejected from the bed of the pick-up trick and serious
injured as a result of the accident. According to the report, witnesses
to the accident had encouraged the defendant to remain at the scene
until police officers could inspect the matter. The defendant allegedly
left the scene and later collided with another individual in the City of
The defendant allegedly drove to the home of her boyfriend, Roy
Boulanger, after the two accidents. Mr. Boulanger then allegedly con-
tacted authorities. According to the probable cause report, the defen-
dant allegedly admitted to consuming over one bottle of wine and one
bottle of beer; she alleged that she begin drinking alcohol at 9:00
a.m. that day. Officers noted that the defendant smelled heavily of
alcohol, had bloodshot & watery eyes, spoke in a slurred manner and
could not walk straight. Officers noted that the defendant had a bruise
on her chin. The bruise was allegedly obtained when the defendant's
chin struck her steering wheel during one of the accidents.
Clifford Jones: Charged with one count of Sale of a Controlled Sub-
stance and Violation of Probation, the defendant pleaded Not Guilty
to the offenses. Judge Russell continued the case for pre-trial on Sep-
tember 15. The defendant was represented by Assistant Public De-
fender Kevin Steiger.
According to another the cause report, the defendant sold seven rocks
of crack cocaine to a confidential informant on May 23, 1997 for $100.
The confidential informant (CI) allegedly met the defendant at the
Two-Spot Lounge in Apalachicola. The defendant then allegedly asked
the CI to meet him at his "place of business." According to the report,
the CI allegedly met the defendant at a trailer used to sell snacks and
soft drinks; the transaction allegedly occurred in full view of an of-
ficer with the Franklin County Sheriffs Department.
George Lowery: Charged with one count of Sale of Cocaine, the de-
fendant pleaded Not Guilty to the offense. Judge Russell continued
the case for pre-trial on September 15. Judge Russell also denied a
request for bond reduction. The defendant was represented by Assis-
tant Public Defender Kevin Steigpr.
According to the probable cause report, the defendant sold $20 worth
of crack cocaine to Deputy Kit Mashburn during a controlled buy
procedure in Carrabelle on June 18, 1997. According to the report,
Deputy Mashburn drove his own vehicle during the procedure. The
controlled buy occurred near the Magnolia Club in Carrabelle.
Bobby Martin: Charged with one count of Burglary of a Dwelling, the
defendant pleaded No Contest to the offense of Trespassing in an
Occupied Structure. Judge Russell adjudicated the defendant Guilty
and sentenced him to time served. The defendant was represented by
Assistant Public Defender Kevin Steiger.
According to the probable cause report, the defendant allegedly en-
tered the home of Loretta Harris on July 12. Ms. Harris had allegedly
filed a restraining order against the defendant. Apalachicola Police
Officer Arnold Tolliver noted that he found the defendant in one of
the bedrooms of the house.
Sandy Massey: The defendant has been charged with one count of
Third Degree Grand Theft. A written plea of Not Guilty was entered
on the defendant's behalf. Judge Russell continued the case for pre-
trial on September 15. The defendant was represented by Assistant
Public Defender Kevin Steiger.
According to the probable cause report, the defendant allegedly stole
a wallet containing $10 and two rings worth $3000 from Mr. Mack
Harbuck of Carrabelle. According to the report, Mr. Harbuck gave
Jessica Johns. and the defendant $10 to purchase hamburger meat.
Harbuck had allegedly shown Johns and the defendant the two rings
before they left to purchase the hamburger meat. The rings were al-
legedly stored in a chest drawer. According to the report, the two
individuals left Mr. Harbuck's residence shortly after they returned
with the hamburger meat. Harbuck alleged that his wallet and the
two rings were discovered missing shortly after Johns and the defen-
dant departed.
George Moss: Charged with one count of Sale of a Controlled Sub-
stance, the defendant pleaded Not Guilty to the offense. Judge Russell
continued the case for pre-trial on September 15. The defendant was
represented by Assistant Public Defender Kevin Steiger.
According to the probable cause report, the defendant allegedly sold
$20 worth of crack cocaine to a confidential informant on June 5,
1997 on Avenue L and 9th Street in Apalachicola.
Tina Nichols: Charged with one count of Uttering a Forged Instru-
ment, the defendant pleaded Not Guilty to the offense. Judge Russell
continued the case for pre-trial on September 15. The defendant was
represented Assistant Public Defender Kevin Steiger.
According to the probable cause report, the defendant allegedly cashed
a forged check from the account of Richard and Helen Strain of
Sopchoppy, Florida on January 26, 1997 at the Carrabelle IGA. Ac-
cording to the report, the defendant was allegedly requested to pro-
vide a Florida Driver's License by IGA Manager John Hall before the
check was cashed. Mr. Hall and a clerk from the IGA later identified
the defendant in photo line up as the individual who presented the
$420 check on January 26. An affidavit of forgery was signed by Mr.
& Mrs. Strain at Citizens Bank in Wakulla.

Jessica Poole: Charged with one count of Third Degree Grand Theft,
the defendant pleaded Not Guilty to the offense. Judge Russell con-
tinued the case for pre-trial on September 15. The defendant was
represented by Assistant Public Defender Kevin Steiger.
Fred Reynolds: Charged with one count of Dealing in Stealing Prop-
erty and Uttering a Forged Check, the defendant pleaded Not Guilty
to the offense. Judge Russell continued the case for pre-trial op Sep-


SGI Methodist

Church Sponsors


Rummage Sale

On Saturday, August 23, St.
George Island United Methodist
Church will sponsor its annual
Rummage Sale, to be held at the
Church, located at 205 E. Gulf
Beach Drive on St. George Island.
The sale will begin at 8:00 a.m.
and end at 4:00 p.m. Many new
and used household items, fur-
nishings and clothing will be
Persons who have items to donate
can arrange for pick-up by call-
ing Tom or Jean Gross at 927-
2284 or fundraiser chairman
Frank Latham at 927-2981.
The Rummage Sale will be fol-
lowed one week later by the an-
nual Labor Day Fish Fry, 5K Run
and Bake Sale, to be held at the
Church on Saturday, August 30.
All fundraisers will benefit the
Church's building fund.


Even though the Franklin
Chronicle listed in the past issue
the political affiliations of each
candidate running for office in the
City ofApalachicola, it should be
noted that the commission races
are non-partisan.

tember 15. The defendant was represented by Assistant Public De-
fender Kevin Steiger.
According to the probable cause report, the defendant allegedly cashed
a check from the account of Thomas Campbell on May 15, 1997 at
the Carrabelle IGA. According to the report, the defendant had at-
tempted to cash the check in question at Gulf State Bank earlier;
however, the bank refused to cash the check. Mr. Campbell informed
authorities that he did not know when the check was stolen.
Kathy Wiggins: Charged with one count of Third Degree Grand Theft,
the defendant pleaded Not Guilty to the offense. Judge Russell con-
tinued the case for pre-trial on September 15. The defendant was
represented by Assistant Public Defender Kevin Steiger.
According to the probable cause report, the defendant allegedly took
part in the burglary of Seafresh Seafood on June 6. According to the
report, Charles Benton informed authorities that the defendant and
he had been staying at his father's (Roy Horton) residence in Apalachi-
cola. Benton alleged that the defendant and he took keys from the
residence without the permission of Mr. Horton. The two individuals
then allegedly went to.Seafresh Seafood and used the stolen keys to
into the business. The two individuals then allegedly stole a vacuum
cleaner, folding knife, power saw and drill press belonging to Donnie
Wilson. The two then allegedly went to Newberry, Florida and pawned
the stolen items. According to the report, the items were valued at
$300 or more.
Anthony Williams: The defendant has been charged with two counts
of Battery and one count of Third Degree Grand Theft, Uttering a
Forged Check, Possession of a Short Barreled Firearm, Possession of
a Firearm by a Convicted Felon, Resisting Arrest with Violence, Ag-
gravated Assault with a Deadly Weapon and Aggravated Battery with
a Deadly Weapon. Judge Russell continued the case for arraignment
on September 15. The defendant was represented by Assistant Public
Defender Kevin Steiger.
Evelyn Williams: Charged with one count of Aggravated Battery with
a Deadly Weapon, the defendant pleaded Not Guilty to the offense.
Judge Russell continued the case for pre-trial on September 15. The
defendant was appointed the services of the public defender.
Maurice Williams: Charged with one count of Sale of a Controlled
Substance and Violation of Probation, the defendant pleaded Not Guilty
to the offenses. Judge Russell continued the case for case manage-
ment on September 15. The defendant was represented by Assistant
Public Defender Kevin Steiger.
According to the probable cause report, the defendant allegedly sold
$20 worth of crack cocaine to a confidential informant on 8th Street
and Avenue K on June 5, 1997.
Glenn Yon: Charged with one count of Sexual Battery, the defendant
pleaded Not Guilty to the offense. Judge Russell continued the case
for pre-trial on September 15. The defendant was represented by As-
sistant Public Defender Kevin Steiger.
According to the probable cause report, the defendant allegedly sexu-
ally assaulted a "special needs child" who was 19 years old on May
30, 1997. According to the report, the defendant allegedly requested
that the victim meet him behind his home in Apalachicola; the defen-
dant then allegedly exposed himself to the victim and then forced her
to engage in a sexual act.
The victim alleged that the defendant threatened to whip her with a
belt if she did not agreed to perform the sexual act. The victim further
claimed that the defendant had sexually assaulted her two weeks
earlier. She alleged that he has beaten her with a belt previously. The
defendant denied ever touching the alleged victim in an inappropri-
ate manner to the authorities.

Harold Braswell: Charged with one count of Aggravated Battery with
a Deadly Weapon, Leaving the Scene of an Accident and Willful and
Wanton Reckless Driving, the defendant pleaded No Contest to the
lesser offense of Battery. Judge Russell withheld adjudication and
sentenced the defendant to oneyear of probation. Judge Russell also
ordered the defendant to pay $600 for court costs. The defendant
was represented by Attorney Douglas Gaidry
O.C. "Red" Davis: The defendant has been charged with one count
of Possession of a Controlled Substance and Sale of a Controlled Sub-
stance. Judge Russell continued the case for pre-trial on September
15. The defendant was represented by Assistant Public Defender Kevin
Robert Dillon: Charged with one'count of Burglary of a Dwelling, the
defendant pleaded Not Guilty to the offense. Judge Russell continued
the case for pre-trial on Septenmber 15. The defendant was repre-
sented by Assistant Public Defender Kevin Steiger.
Johnny Gray: The defendant has been charged with one count of
Sale of Cocaine. Judge Russell continued the case for pre-trial on
September 15. The defendant was represented by Assistant Public
Defender Kevin Steiger.
James Jackson: Charged with 'one count of Possession of a Con-
trolled Substance, Possession of a Controlled Substance with Intent
to Sell and Sale of a Controlled Substance, a written plea of Not Guilty
was filed on behalf of the defendant. Judge Russell continued the
case for pre-trial on September 15. The defendant was represented
by Attorney J. Gordon Shuler.
David Johnson: The defendant has been charged with one count of
Third Degree Grand Theft. Judge Russell continued the case for pre-
trial on September 15. The defendant was represented by Assistant
Public Defender Kevin Steiger.
Sean Madison: Charged with one count of Possession of Crack, the
defendant pleaded No Contest to the offense. Judge Russell adjudi-
cated the defendant Guilty and sentenced him to 90 days in the Fran-
klin County Jail with credit for 54 days of time served. Judge Russell
also sentenced the defendant to serve six months of community con-
trol and two years of probation. The defendant was also fined $250
for court costs. The defendant was represented by Assistant Public
Defender Kevin Steiger.
Brian Miller: The defendant has been charged with one count of Third
Degree Grand Theft. Judge Russell continued the case for pre-trial
on September 15.
Timmie Richardson: The defendant has been charged with one count

called upon to assist in time of emer-
gencies or a disaster. To become mem-
ers of the DSHR they have had to
complete the required Disaster Ser-
vices Training and are now willing to
assist victims of disasters anywhere
in the United States or its territories
for up to three weeks.
If you are interested in becoming an
volunteer, please call us in Tallahas-
see at 878-6080.

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of Sale of a Controlled Substance. Judge Russell continued the case
for trial on September 17. The defendant was represented by Assis-
tant Public Defender Kevin Steiger.
Robert Thompson: The defendant has been charged with Posses-
sion of a Controlled Substance. Judge Russell continued the case for
trial on August 13. The defendant was represented by Assistant Pub-
lic Defender Kevin Steiger.
Keturah Washington: Charged with one count of Possession of a
Controlled Substance and Possession of a Controlled Substance with
Intent to Sell, a written plea of Not Guilty was filed on behalf of the
defendant. Judge Russell continued the case for pre-trial on Septem-
ber 15. The defendant was represented by Attorney William Webster.
Benjamin Whitaker: The defendant has been charged with one count
of Aggravated Feeling and Eluding, Resisting Arrest without Violence
and Willful and Wanton Reckless Driving. Judge Russell continued
the case for pre-trial on September 15. Judge Russell denied a mo-
tion on behalf of the defendant for pre-trial release or reduction of
bond. Judge Russell granted a motion from the State to revoke the
defendant's release. The defendant was represented by Assistant Public
Defender Kevin Steiger.
Freddie Woullard: The defendant has been charged with one count
of Aggravated Battery. Judge Russell continued the case for pre-trial
on September 15. The defendant was represented by Assistant Public
Defender Kevin Steiger.
Melissa Nowling: Charged with one count of Cultivation of Cannabis,
the defendant pleaded No Contest to the lesser charge of Possession
of Less than 20 Grams of Cannabis. Judge Russell withheld adjudi-
cation and sentenced the defendant to one year of probation. Judge
Russell also ordered the defendant to pay $150 for court costs. The
defendant was represented by Attorney Gordon Shuler.

Donna Glass: Charged with four counts of Uttering a Worthless Check
Over $149, Judge Russell sentenced the defendant to 60 days injail.
Judge Russell also ordered the defendant to serve five years of proba-
tion and pay $255 for court costs. The defendant was represented by
Assistant Public Defender Kevin Steiger.

Charles Alexander: Charged with two counts of VOP, the defendant
entered a denial to the offenses. Judge Russell continued the case for
a hearing on September 15. The defendant was represented by Assis-
tant Public Defender Kevin Steiger.
Horace Brown: Charged with one count of VOP, the defendant en-
tered an admission to the offense. Judge Russell adjudicated the de-
fendant Guilty and sentenced him to six months in the Franklin
County Jail. All court costs were reduced to a civil judgment. The
defendant was represented by Assistant Public Defender Kevin Steiger.
Marvin Campbell: Charged with one count of VOP, the defendant
entered an admission to the offense. Judge Russell sentenced the
defendant to five months in the Franklin County Jail with 52 days of
credit for time served. The defendant was represented by Assistant
Public Defender Kevin Steiger.
Clinton Davis: Charged with one count of VOP, the defendant was
found to be in violation of his probationary terms during a hearing.
Judge Russell sentenced the defendant to six months in the Franklin
County Jail with credit for 90 days of time served. All court costs
were reduced to a civil judgment. The defendant was represented by
Assistant Public Defender Kevin Steiger.
Daniel Forest: Charged with one count of VOP, the defendant en-
tered a denial to the offense. Judge Russell continued the case for a
hearing on September 15. The defendant was represented by Assis-
tant Public Defender Kevin Steiger.
Bobby Harris: Charged with one count of VOP, the defendant entered
a denial to the offense. Judge Russell continued the case for a hear-
ing on September 15. The defendant was represented by Assistant
Public Defender Kevin Steiger.
Raymond Parrish: Charged with one count of VOP, the defendant
entered a denial to the offense. Judge Russell continued the case for
a hearing on September 15. The defendant was appointed the ser-
vices of the public defender.
Melinda Payne: Charged with two counts of VOP, the defendant en-
tered a denial to the offense. Judge Russell continued the case for a
hearing on September 15. The defendant was represented by Assis-
tant Public Defender Kevin Steiger.
Phyllechia Daniel: Charged with one count of VOP, the defendant
entered an admission to the offense. Judge Russell sentenced the
defendant to 14 months in the Department of Corrections with credit
for 60 days of time served. All court costs were reduced to a civil
'judgment. The defendant was represented by Assistant Public De-
fender Kevin Steiger.
Laura Robblee: Charged with one count of VOP, the defendant en-
tered a denial to the offense. Judge Russell continued the case for a
hearing on September 15. The defendant was represented by Assis-
tant Public Defender Kevin Steiger.
Craig Stephens: Charged with one count of VOP, the defendant en-
teredan admission to the offense. Judge Russell sentenced the de-
fendant to seven months in the Department of Corrections with credit
for 84 days of time served. All court costs were reduced to a civil
judgment. The defendant was represented by Assistant Public De-
fender Kevin Steiger.

Apalachicola Volunteers

The Capital Area Chapter of the
American Red Cross is pleased to an-
nounce that three volunteers from
Frankdin County have joined the Di-
saster Services Human Resource
(DSHR) System. Ronald Page, Grace
Page and Valentine Webb, all of
Apalachicola, have joined the ranks
of over 14,000 American Red Cross
Disaster Services Volunteers through-
out the United States who can be

Published every other Friday


The Franklin Chronicle 8 August 1997 Page 5


The Environmental

Assessment Report on the

Replacement of the St.

George Island Bridge, Part II

Publisher's Note: This report, completed under the auspices of
the U.S. Dept. of Transportation, Federal Highway Administra-
tion and the Florida Dept. of Transportation has been publicly
available in the Apalachicola Public Library since June 25th. HDR
Engineering, Inc., Pensacola, FL, has been the environmental con-
sultant coordinating the review excerpted below. This review is a
collation of opinion and study identifying potential issues involved
the replacement of the St. George Island bridge, officially known
as the Bryant Patton Bridge, State Road 300. (Continued from
the Chronicle issue of July 25, 1997.)

.; .

Driving North over the St. Geo. Island Bridge. WET 2.0 Analysis
Wetland functions and values were evaluated according to Wetland Evalua-
tion Technique 2.0 (WET 2.0), a technique developed by the Federal Highway
Administration. A Level II assessment in terms of Social Significance, Effec-
tiveness, and Opportunity was completed for each of the three wetland types
evaluated as representative of the wetlands with the potential to be affected
by the project...
Three sites were selected for evaluation as representative of the major wetland
types which will be potentially affected by the proposed project. The evalua-
tion site numbers, types, classifications, and locations are listed below.
Site 1: Estuarine Intertidal Emergent Persistent (tidal marsh) E2EM2, NW
quadrant, existing bridge corridor
Site 2: Estuarine Subtidal Aquatic Bed Rooted Vascular (seagrass bed)
E1AB3, St. George Island Sound coast
Site 3: Estuarine Subtidal Reef Mollusk (oyster reef) E1RF2, Cat Point, East
Hole in existing bridge corridor
Site 1: Tidal saltmarsh rated generally moderate to high in terms of Social
Significance, moderate for Effectiveness, and high for Opportunity. Social Sig-
nificance for all the project wetlands may be lowered by the non-urban loca-
tion of the affected wetlands and service areas and the large watershed area.
Functions and values rating highest for this site include Sediment Stabiliza-
tion (Social Significance) marsh buffers coastal area and bridge vicinity, Sedi-
ment/Toxicant Retention (Effectiveness and Opportunity) marsh is densely
vegetated with erect, persistent vegetation, Nutrient Removal/Transformation
(Opportunity) potential source of nutrient runoff is present, Wildlife Diver-
sity/Abundance (Social Significance) listed bird species utilize marshes, Wild-
life D/A Wintering (Effectiveness) estuarine wetland with freshwater wetland
within 5 miles and good vegetational diversity, and Aquatic Diversity/Abun-
dance (Social Significance) economic importance of fishing/shellfish indus-
Site 2: Seagrass beds rated generally moderate to high in terms of Social
Significance, low to moderate for Effectiveness, and moderate for Opportu-
nity. Highest rating functions and values include Sediment Stabilization (So-
cial Significance) seagrass area also serves as a coastal buffer, Nutrient Re-
moval/Transformation (Opportunity) potential source of nutrient runoff is
available, Wildlife'andAquaticDiversity/Abundance (Social Significance) Mana-
tee and Gulf sturgeon (listed species) utilize seagrass beds as do economically
important finflsh, Uniqueness/Heritage (Social Significance) Scarcity of wet-

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land type and appreciation by society.
Site 3: Oyster beds rated generally high in terms of Social Significance, mod-
erate for Effectiveness, and high for Opportunity. Highest ranking functions
and values include Sediment Stabilization (Social Significance and Effective-
ness) protection of shoreline bridge and the consolidated bottom, Sediment/
Toxicant Retention (Social Significance and Opportunity) obviously the filter-
ing effect of oysters receives a high rating, Effectiveness inadequately rated
lower due to lack of vegetation, Nutrient Removal/Transformation (Opportu-
nity) potential source of nutrient runoff is present, Wildlife and Aquatic Di-
versity Abundance (Social Significance) economically important oyster has
narrow habitat requirements, utilized by listed species, supports great on-site
diversity of fish and invertebrates, Uniqueness/Heritage (Social Significance) -
economic importance, scarcity of resource, high producing shellfish area.
It is important to note that the tidal nature of the project wetlands precludes
high ratings of some functions and values such as Groundwater Discharge
(even though this is a high discharge area, it is difficult to predict its presence
in tidal wetlands), Floodflow Alteration (Effectiveness is low as tidal wetlands
act as buffers against floodflow only if mild storm surges occur at low tide and
Opportunity is Tow because these wetlands are lower in watershed than most
floodable properties), Nutrient Removal/Transformation (Effectiveness is low
because of presence of great flushing action and organic sediments), and Product
Export (Effectiveness depends on erect vegetation and high erosion potential).
In addition some Wildlife/Aquatic functions and values were lower than ex-
pected because the wetland types (marsh, seagrass, and oyster beds) as evalu-
ated by this program tended to be assessed in some areas on their individual
characteristics rather than as a holistic Bay system. Wetland Impacts
The aggregated patches of seagrass have generally sparse crown density rat-
ings (as determined by U.S. Department of the Interior, National Biological
Service, Florida Marine Research Lab 1997 Draft Submerged Aquatic Vegeta-
tion aerial topos 1:24000 scale) in the area of potential impact ( from Sam's
Bayou area east to Rattlesnake Cove for the southern terminus area). Either
of the two eastern alignments (FDEP 2 and FDEP 3) would have potential
impacts varying from zero to approximately 0.40 ha (1.0 act) of direct and/or
shading impact to the southern terminus area with the highest potential in
the area of Sam's Bayou (FDEP 2). The area from Shell Point east to Rattle-
snake Cove (FDEP 3) has relatively little mapped seagrasss bed area, but
saltmarsh impacts would increase in this area with up to 0.40 ha (1.0 act) of
potential tidal saltmarsh impacts for FDEP 3. According to ANERR mapping,
there are scattered saltmarshes in the Sam's Bayou area as well with the
potential for up to 0.40 ha. (1.0 act) of impacts for FDEP 2. The seagrass beds
in the area of the northern terminus are also sparse with very little coverage
in the vicinity of FDEP 2. The northern terminus of FDEP 3 could potentially
result in direct and/or shading impacts varying from zero to 0.01 ha (0.17
ac.). Total seagrass impacts for an easterly alignment could potentially total
up to 0.40 ha (1.0 act) (FDEP 2) or 0.47 hectares (1.17 act) (FDEP 3) of direct
and/or shading impacts depending on actual refined alignment. The Preferred
Alignment (FDEP1) does'not potentially effect seagrass beds due to relative
absence of seagrass beds in the corridor. The tidal saltmarsh located in the
northwest quadrant of the corridor will potentially be affected only by tempo-
rary construction impacts as the new bridge will be constructed within exist-
ing right-of-way with no direct impacts to the saltmarsh.
Oyster beds including created "planted" bars were mapped via input from
FDEP/Apalachicola National Estuarine Research Reserve. The Preferred Align-
ment (FDEP 1) was designed to minimize oyster bar impacts while remaining
in the existing corridor. Per FDEP estimates, the new bridge construction is
estimated to result in impacts of 2.83 to 3.24 ha (7 to 8 act) of oyster-produc-
ing area (less than 0.40 ha (1.0 act) of direct impact to oyster bars ) with
additional indirect impacts expected based on siltation (Lee Edmiston,, FDEP,
pers. comm.). While providing minimization of impacts, this alternative will
impact the Cat Point bar system to the north and East Hole to the south. The
eastern alignments (FDEP 2 and FDEP 3) were designed as new corridor alter-
natives with minimal potential impacts to oyster beds (less than 0.40 ha (1.0
act) due to construction in deeper, more saline waters which do not provide
conditions suitable for oyster bed habitat.
The existing bridge will be removed'from the west side to minimize impacts
(oyster beds are predominantly located east of the existing bridge), and to
restrict construction to the deeper areas of water to the west of the bridge.
Removal is estimated to temporarily affect at most 3.24 ha (8 act) of
oyster reef. These impacts are unavoidable regardless of chosen new bridge
Coordination has been ongoing with several agencies regarding wetland is-
sues including Florida Department of Environmental Protection (FDEP), Na-
tional Marine Fisheries (NMFS), The Florida Game and Freshwater Fish Com-
mission (FGFWFC), the U.S. Army Corps of Engineers (ACOE), and the US
Fish and Wildlife Service (USFWS)..., Wetland Impact Mitigation
Shellfish impact mitigation in Apalachicola Bay has been quite successful due
the high level of expertise and voluminous accessible knowledge concerning
oyster reef construction/planting and oyster relaying or relocation of live
product... *
Studies have been undertaken to locate the best areas for highest success of
planted oyster bars or new reef construction in the Apalachicola Bay. This
method of mitigation offers a high success rate coupled with cost-effective
long range mitigation. It also assures the integrity of the oyster bars. Much of
the early research was done by R. M. Iigle and updated by a report by Charles
R. Futch, DNR, in the Apalachicola Oyster Industry Conference Proceedings
in 1983. Dead oyster shell is placed iiipatterns and profiles resembling natu-
ral reefs in areas hospitable to successful oyster culture. All shucked oyster
shell is the property of the State for use as "cultch". Most of this type of work
has occurred in Apalachicola Bay. Shells are loaded onto a barge and blown
off with a high pressure hose. Harvesting of these reefs may actually begin in
18 months with full production in two years.
Oyster relaying or relocation of live product is generally undertaken to remove
oysters from polluted areas or areas qf impact to areas of good water quality.
Past oyster relaying projects have paid a per-bushel wage to move oysters.
These plantings have been highly successful. DNR contracted with fishermen
and seafood worker's associations to assist in informing the local industry of
the projects, assist in selecting harvest and relay areas, and be responsible
for paying participants on a per-bushel basis. Loads of oysters were brought
to relaying sites where they were counted and spread on the bottom. This
method of mitigation is not as successful or cost-efficient as new reef
A combination of the two types of mitigation would be most advantageous for
this project. Mitigation should occur prior to construction to further minimize
temporary losses of reef. This will reduce "economic hardships" incurred as a
result of the 18-24 month wait before harvest of planted bars can occur. The
local oyster industry could be employed in the development of mitigation sites
to further reduce economic hardship particularly since this work generally
occurs during the non-harvesting season. Although 7 to 8 acres of impacts by
new bridge construction were estimated by FDEP, a worst-case scenario of 16
acres of oyster bar affected by new bridge construction and 8 acres by existing
bridge removal is being assessed for this study. This includes all areas poten-
tially affected by construction, temporary work bridges, or bridge removal in
the 25 square mile corridor study area (from west of the existing bridge cross-
ing to east of a line from SR 65 to the State Park entrance). Costs involved
with mitigation include "planted" shell costs of $30 per cubic yard with 300400
cubic yards of shell necessary for each acre of mitigation. "Relaying" live shell
costs approximately $25 per cubic yard or slightly more depending on dis-
tance involved (Gunter, FDEP, pers. comm.). The $50,000 per acre mitigation
cost used for analysis of oyster bed creation is generous and is anticipated to
be considerably less.
Mitigation for impacts to tidal saltmarsh and seagrass could potentially be-
come necessary if either Alternative FDEP 2 or FDEP 3 are realized. Current
state legislation provides a vehicle for the FDOT to allow the FDEP and Water
Management Districts to implement mitigation strategies for a fixed per acre
fee. Under this scenario FDOT's commitment to develop mitigation strategies
would not be required. However, should the FDOT consider the development
of mitigation plans, there are a number of options for the compensation of
impacts to wetlands. Options include preservation, enhancement, restoration
of altered wetlands, creation (seagrass creation is not considered feasible be-
cause seagrass is one of the most highly protected natural communities in
Florida and there is limited success associated with seagrass planting),
off-site water quality improvements, and to a lesser degree environmental
education. Wetland Finding
...Consideration was given to alternative alignments which were determined
to not adequately serve the traffic capacity requirements of the SR 300 Bryant
Patton Bridges or were not cost effective and did not reduce or eliminate wet-
land impacts. To the extent possible, the selected typical section incorporates
features intended to minimize harm to wetlands.
Based upon the above considerations, it is determined that there is no practi-
cable alternative to the proposed construction in wetlands and the proposed
action includes all practicable measures to minimize harm to wetlands during
proposed construction.

4.3.5 Aquatic Preserves

After coordination with the Florida Department of Environmental Protection/
Apalachicola National Estuarine Research Reserve, it has been determined
that the project will not impact the Apalachicola Bay Aquatic Preserve.

4.3.6 Water Quality
The Apalachicola Bay is an Outstanding Florida Water, an Aquatic Preserve, a
Surface Water Improvement and Management priority water body, and the
largest National Estuarine Research Reserve in the United States. Most of the
Bay is designated as Class II Shellfish Propagation or Harvesting Water with
stringent water quality standards. The Apalachicola Bay is a highly produc-
tive system producing 90% of the oysters harvested in Florida as well as other
harvested species including shrimp, blue crabs, and finflsh. The economic
base of Franklin County is highly dependent on the water quality of Apalachi-
cola Bay.
The Apalachicola River and Bay drainage basin encompass 3,102 square miles
including the 200 square mile Apalachicola Bay Basin which is mostly water.
per square mile. Water quality in the Bay is good overall except for some near
shore boat basins, urban stormwater runof, canals, and shellfish processing
facilities. However, there is increasing development pressure, especially in the
cdstal zone. This includes an Eastpoint gof course, Tate's Hell Development,

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Summary Judgment Against
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Judge F.E. Steinmeyer ruled on July 25 that a motion filed by B.C.
Harrison and Jack Henderson for summary judgment against the
Lanark Village Water and Sewer District be denied.
Mr. Harrison and Henderson had requested a summary judgment in
regard to designation of customers by the Lanark Village Water &
Sewer District. Steinmeyer ruled, "although the designation of cus-
tomer classes as 'metered' and 'residential non-metered' is arbitrary
and capricious on its face, such designation as an interim measure is
justified and reasonable under the circumstances..."
Judge Steinmeyer also granted a motion from the Lanark Village Water
and Sewer District for summary judgment. "This case is dismissed,"
Steinmeyer concluded, "without prejudice if the defendant (Water &
Sewer District) shall fail to make significant progress in the installa-
tion of meters at the residential non-metered apartment units within
the district, including special assessments for installation, within a
reasonable time."

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and 1 high-density development on St. George Island strictly utilizing septic
tank systems. In 1986, the Florida Depaatment of Health and Rehabilitative
Services documented 23% of the septic tanks on the island were failing. All
new development must use aerobic treatment, and existing systems are to be
upgraded. Upstream water quality problems include increased urbanization
and agricultural uses, stormwater runoff, navigational activities, and increased
dredging and habitat destruction. Difficulties associated with the interstate
nature of the basin have further complicated water quality issues.
There are two permanently closed areas of the Bay due to high bacterial con-
centrations. The oyster bars are often closed to harvesting due to increased
indicator coliform levels caused by high river flow (upstream rainfall events)
and local rainfall events with associated runoff. Due to the relatively low con-
centrations of bacteria allowed by the Food and Drug Administration, it only
takes a small increase in numbers above ambient conditions to close the Bay.
Any increase in manmade contributions in colifrms could cause the Cat Point
area to be closed... For example, in 1993 the Bay was temporarily closed after
24 people became ill from eating oysters. Again in 1994, 45 people developed
food poisoning despite routine testing for bacteria just before oyster harvest-
ing (1996 305 (b) Report). It is apparent that the Apalachicola Bay system is a
delicately balanced system potentially affected by a diverse and ever-chang-
ing array of factors...

...4.3.13 Construction
Construction activities for the proposed project will have air, noise, water qual-
ity, traffic flow, and visual impacts for residents and travelers within the im-
mediate vicinity of the project.
The air quality impact will be temporary and will primarily be in the form of
emissions from diesel-powered construction equipment and dust from em-
bankment and haul road areas. Air pollution associated with the creation of
airborne particles will be effectively controlled through the use of watering or
the application of calcium chloride in accordance with FDOTs "Standard Speci-
fications for Road and Bridge Construction" as directed by the FDOT Project
Noise and vibrations impacts will be from the heavy equipment movement
and construction activities such as pile driving and vibratory compaction of
embankments. Noise control measures will include those contained in FDOTs
"Standard Specifications for Road and Bridge Construction" in addition to
those recommended in the Noise Impact section of this document.
Water quality impacts resulting from erosion and sedimentation will be con-
trolled in accordance with FDOTs "Standard Specifications for Road and Bridge
Construction" and through the use of Best Management Practices.
Maintenance of traffic and sequence of construction will be planned and sched-
uled so as to minimize traffic delays throughout the project. Signs will be used
as appropriate to provide notice of road closures and other pertinent informa-
tion to the traveling public. The local news media will be notified in advance of
road closing and other construction-related activities which would excessively
inconvenience the community so that motorists, residents, and business per-
sons can plan travel routes in advance...
...Access to all businesses and residences will be maintained to the extent
practical through controlled construction scheduling. The present traffic con-
gestion may become worse during stages of construction where narrow lanes
may be necessary. Traffic delays will be controlled to the extent possible where
many construction operations are in progress at the same time. The contrac-
tor will be required to maintain two lanes of traffic in each direction at all
times and to comply with the Best Management Practices of FDOT.
For the residents and businesses located adjacent to the right-of-way, some of
the materials stored for the project may be displeasing visually; however, this
is a temporary condition and should pose no substantial problem in the short
Construction typically requires excavation of unsuitable material (muck), place-
ment of embankments, and use of materials, such as limerock, asphaltic con-
crete, and portland cement concrete. De-muckingis possible at wetland sites
and will be controlled by Section 120 of the FDOT Standard Specifications.
Disposal will be on-site in detention areas or offsite. The removal of structures
and debris will be in accordance with local and State regulations of agencies
permitting this operation. The contractor is responsible for his methods of
controlling pollution and haul roads, in borrow pits, other materials pits, and
areas used for disposal of waste materials from the project. Temporary ero-
sion control features as specified in the FDOT's Standard Specifications, Sec-
tion 104, will consist of temporary grassing, sodding, mulching, sandbagging,
slopfdrains, sediment basins, sediment checks, artificial coverings, and berms.

L- I


Page 6 8 August 1997 The Franklin Chronicle

Love Center Brings the Gospel on

Home with Musical Performance

LI -

The Angel of Darkness (Jacqulyn Davis) gains support from a
couple of 'Weeds of the Spirit" during the play.

Over 100 residents made their
way to the Love Center Church on
July 30 to witness a two act mu-
sical play entitled "Home." The
play was directed by Ms.
Temolynne Wintons and
performed by the Love Center
The concept of the play, "Home,"
was adapted from both the Broad-
way Musical, "The Wiz," as well
as the classic film, 'The Wizard of
Oz." Ms. Wintons completed the
musical work in 1987.
The play features the main char-
acter, Purity Everhope; much like
Dorothy in 'The Wizard of Oz,"
Purity Everhope strives through-
out the play to find her way back
home. However, unlike Dorothy,
Purity Everhope does not find her
home in the State of Kansas. She
finds her home in church within
the grace of God.
Raevyn Jefferson, who plays the
part of Purity Everhope, leads
audience members through an
exciting spiritual journey in which
she fends off various sins and
temptations, wins over converts
to Christianity and finds her true
"Home" with God back in church.
The Angel of Light, played by
She'la White Martin, helps to nar-
rate the play and also plays an
active role in attempting to pro-
tect Purity Everhope throughout
her journey; she delivers the
Armourbearer, played by
Warrenetta Hayward, to help Pu-
rity Everhope in her time of need.
The Armourbearer provides Purity
Everhope and her friends with a
sword, shield and helmet to as-
sist in their battle against evil.
The Angel of Light also provides
Purity Everhope with a host of
spiritual virtues. These virtues
were personified by characters in
the play; they include Love
(Keasha Martin), Joy (LaShonda
Williams), Peace (Antionette

Ducker), Longsuffering (Ashley
Williams), Kindness (Tanicia
Pugh), Goodness (Avie Porter),'
Faithfulness (Colela Jones),
Gentleness (Angelita Stephens)
and Temperance (Tambra
However, the Angel of Darkness,
played by Jacqulyn Davis, also
narrates the play and takes an
active role in attempting to lead
Purity Everhope astray from the
light of God and into darkness
and despair. The Angel of Dark-
ness delivers Demonica, played by
Monica Buzbee, to divert the at-
tention of Purity Everhope from
God. Demonica unleashes "The
Weeds of the Spirit," which were
personified by several different
characters, upon Purity Everhope
and her friends. The "weeds" in-
clude Sorrow (Mario Pugh), Con-
fusion (MacKenzie Williams), Im-
patience (Kristopher, Stanley),
Meanness (Freddie Ducker), Bad-
ness (Alvin Wiley), Unreliableness
(Michael Pugh), Harshness
(Alexander Simmons) and Out of
Control (Eric Ducker).
The play's prologue begins in a
jubilant church setting. The
Preacher, played by Michael
Baucham, begins with a spiritual
message to the choir & parishio-
ners. As the choir sings and the
parishioners worship, Purity
Everhope slumbers off to sleep
next to her mother, played by
Angeline Stanley. Those real life
characters in church later become
separate entities within the dream
of Purity Everhope.
Just as the Scarecrow, the Tin
Man and the Cowardly Lion be-
came the main sources of
strength for Dorothy in 'The Wiz-
ard of Oz," the Preacher, the
Usher (Lance Rochele) and the
Deacon (Gabriel Lockley) serve as
the three main allies to Purity
Everhope in "Home"; however,
these three character take the dif-
ferent forms in the dream of Pu-


rity Everhope. They become
Dupreach Pimpnot (a pimp),
Deushuser Uneed (a drug user)
and Deconner Dealer (a drug
Scene One features the character
of Angle Girlfriend (Alma Pugh)
who encourages Purity Everhope
in "The Garden of the Fruit of the
Spirit" to remain on the straight
and narrow path. Angle Girlfriend
receives musical support in the
scene from the Pimpettes, played
by Antionette Ducker, Tanicia
Pugh and Lashonda Williams.
The real trials and tribulations
begin. Purity Everhope journeys
from the "Corner of Wrong Street"
to the "Wrong Avenue in the Worst
Part of Town" to "Crack Alley on
the Wrong Side of Town" in Scenes
2-4. She wards of the temptations
offered by Dupreach Pimpnot,
Deushuser Uneed and Deconner
Dealer in these scenes and con-
verts each of them to Christian-
ity. Purity Everhope delivers a
musical performance at the end
of each scene in which she
"praises," "presses" and "prays"
her way home to the tune of "Ease
on Down the Road."
In Scene Five, good confronts evil
in the "WeedsvlTle Forest." After an
arduous battle, goodness tri-
umphs over evil in the final scene
of Act One to achieve "Higher
Ground in Heaven." However, the
victory proves only to be tempo-
rary, for the Angel of Darkness
still has several tricks up her
sleeve. She unleashes Emp T
(LaTonya Townsend) and her sup-
porting cast of The Emptations
Freddie Ducker, Michael Pugh,
Antionette Ducker and Mackenzie
Williams) in the final act.

- W

The final act includes an all out
war between good and evil. The
Angel of Light provides Purity
Everhope and her friends with the
spiritual assistance of Angelica
Angel of the North (Evelyn Will-
iams). With this added boost, Pu-
rity Everhope finds her way back
home in church. The play con-
cludes with the spiritual hymn,
"Going Up Yonder."
Other characters in the play in-
cluded members of the choir and
parish. Those choir members in-
cluded She'la White Martin,
Jacqulyn Davis, Monica Buzbee,
Tanicia Pugh, Keasha Martin,
Mario Pugh, Kristopher Stanley,
Alexander Simmons, Angelita
Stephens, Kennard Battles, Avie
Porter, Colela Jones, LaTonya
Townsend, Warrenetta Hayward
and Alvin Wiley.
Those playing the part of parish-
ioners included Freddie Ducker,
Ashley Williams, Michael Pugh,
Tambra Ducker, Mackenzie Will-
iams, Alma Pugh, Eric Ducker,
Anastasia Townsend, Antionette
Ducker and LaShonda Williams.
Those credited with serving as the
play's production crew included
Victoria Townsend and Jonathan
Stanley (Set Design: Backdrop/
Scenery & lights), Dolores Law
(Costumes), Al O'Neal, Jonathan
Stanley Stanley, Willie McNair,
Victoria Townsend and Eddie Jo-
seph (Stage Crew).
Ms. Temolynne Wintons com-
pleted her creative, musical ad-
aptation in 1987. In college, she
became quite familiar with vari-
ous aspects of "The Wiz" as she
headlined as Dorothy in one of the
school's productions.

I '

Published every other Fridav

Sponge Exchange, Key

house Still on Market

By Sue Riddle Cronkite
For Sale: Historic Apalachicola
buildings. The Margaret Key
house and the Sponge Exchange
building in downtown Apalachi-
cola are back on the market. And
the price has gone up. A asking
price for the house left to the
Apalachicola Library by Margaret
Key is now $425,000, and the
Sponge Exchange building, con-
structed in the early 1830s, is now
"The other deal fell through," said
Clark Holmes, owner of the
Sponge Exchange building and
executor of the will in which Mar-
garet Key directed that proceeds
from the sale of her home go to
the Apalachicola Library. She had
served on the Apalachicola Li-
brary board for many years. "Of-
fers of $400,000 on the Key house
and $375,000 on the Sponge Ex-
change were retracted. Now the
prices are higher.
'The Margaret Key house on the
southeast corner of B Avenue and
13th street was built in 1894 for
a man named Mohr, who was
head of the lumber company,"
said Holmes. "The builders were
the Marshall Brothers, ancestors
to Willoughby Marshall.
"It is on three full lots and two half
lots, which make up a little more
than four city lots," said Holmes.
"Margaret and her husband
Alexander Key moved into that
house in about 1938-39.
Alexander wrote in that house.
Alexander Key wrote The Wrath of
the Wind, about a hurricane and
the yellow fever epidemic which

almost wiped out Port St. Joe in
the 1840s. He also wrote Island
Light. He and Margaret were di-
vorced. "The last 15-16 years of
her life, Margaret's sister, Bess
Lee, lived there with her," said
"The Sponge Exchange was built
in the early 1830s by a fellow
named Ruge," said Holmes. "He
was a German immigrant. There
are some prints made around the
1890s where there are sponges
draped all around.
"There was a good sponge mar-
ket for a time," said Holmes. "They
sponged the bay out, and moved
on. There are still sponges in the
bay, but not the type that people
will buy." In Tarpon Springs the
narrator of the Sponge Diving
Exhibition tells that Greek sponge
divers lived in Apalachicola and
had a good sponge market going,
* but something killed off the mar-
ketable sponges.
The Sponge Exchange building is
located on the corner of Avenue
E and Commerce Street in down-
town Apalachicola. It is 30 ft. by
50 ft., brick, with gambrel roof.
"It's been used as a warehouse all
these years," said Holmes.
Holmes said the Sponge Ex-
change would make a good com-
mercial building. 'The power com-
pany had that building at one
time and took out a place on the
side so they could drive their
trucks in there," he said. "I kinda
like it down there," he added. "It's
a nice place to just sit. A bunch
of us go down there on Friday

Purity Everhope (Raevyn Jefferson) receives valuable in-
struction from AngieGirlfriend (Alma Pugh) in the musical

Construction of Dixie Theatre

"On Schedule"

Renovation of the Dixie Theatre in Apalachicola is on schedule, according to project owner and coordina-
tor Rex Partington. The facility's roof will be completed by the end of August, said Partington. Further-
more, the walls of the renovated structure will be in place by the end of September. According to Mr. ,
Partington, the entire renovation project will most likely be completed in the early month of January of
'The project's pretty close to being done on schedule," said Partington, "we've all been kind of holding our,
breath on it." So far, the Partingtons have not determined the very first show to be staged at the historic
theatre. "We've been kicking around a lot of ideas on this," he said, "I have a list as long as my arm." Mr.
Partington hoped that the first performance would be both contemporary and provocative. "I'm hoping for
something," he said, "with thoughts and concerns that are contemporary." Partington hoped that the
theatre could eventually run two or three performances in rotation.



Ends City


By Rene Topping
Commissioner Wesley "Buz"
Putnal surprised the audience
and his fellow commissioners at
the end of the August 4 regular
meeting of the Carrabelle City
Commission by announcing his
resignation from the Parks and
Roads seat on the commission.
His fellow commissioners urged
him to stay until another commis-
sioner could be appointed.
Putnal has worked hard at his job
as commissioner, taking over su-
pervision of the Work Camp in-
mates working on many jobs
around the city and doing clean-
up on the roads and parks. He has
worked with the Sea Oats Garden
Club to make the small green ar-
eas on U.S. 98 beautiful-from
the fountain in Veterans Triangle
Park to a shelter and seat at the
park opposite Burda's Drug Store.

Commissioner Buz Putnal
He has made the "kiddie park"
into a spot used by mothers with
young children and older people
walking around its perimeter.
Putnal had two more years left to
go on the four-year term he won
election to in 1995.
Another of Putnal's accomplish-
ments was the securing of a street
sweeper and a contract with the
State Department of Transporta-
tion to sweep the full length of
U.S. 98, from the city limits west
to the eastern most end.
He said there is about $13,000 in
the funds left over and he thought

that it might be a good idea to
make a tennis court with the
money. The one near the fire sta-
tion has been very popular with
quite a few of the citizens and he
noticed that there are often:
people waiting to play.
Putnal has had a hand in plant-
ing trees and grass all along U.S.
98, and for many weeks after the
first planting he hand-watered
each and every one to keep them
alive. In making his announce-
ment Putnal said, "I'm getting too
old for this sort of thing. This job
is probably one of the least ap-
preciated jobs in the whole world.
It doesn't matter what you do-
you're always wrong." He went on
to indicate that it was not an im-
pulsive gesture, but one he had
thought about long and hard be-
fore making his decision. He said,
"I think it is really time for me to
go and thiis not a piddling deci-
sion. I want to see the best for this
town." He apologized for the tim-
ing of his resignation saying, "I
apologize. I wasn't trying to jam
people up."
Putnal can be replaced by either
a special election or an appoint-
ment by the other commissioners.
Those in attendance seemed very
surprised by the resignation.
Putnal was greeted by well wish-
ers at the end of the meeting.



Dependable Drivers with Croom's Transportation, Inc.:
(L) Granville Crooms has worked nearly four years with
Croom's Transportation while Willie Stanley (R) has
worked almost ten years with the local transportation

Croom's Transportation, Inc. was called on to serve nearly 70 world reknown scien-
tists during a conference at the local research center from July 12 through July 19.
Croom's Transportation, Inc. greeted and transported all of the visitors from both the
Tallahassee and Panama City Airports to Franklin County. Croom's Transportation
then transported the group of scientists to the DNR Research Center and to Cape San
Blas on a daily basis for the entire week. For an entire month, Croom's Transportation
planned for the event.

"This was a real challenge," said Executive Director John Croom, "the drivers were
great. This was a learning experience for everyone involved." He concluded, "our em-
ployees worked around the clock for this event." Annette Critton with Croom's Trans-
portation, Inc. added, "It was a great experience."

Corporate Events Planner Vicki Schmitz with the Promega Corporation complimented
the excellent service provided by Croom's Transportation, Inc. "We couldn't have done
it without the efficient services of Croom's," said Schmitz, "their patience with us was
much appreciated."

If Croom's Transportation can provide such quality service to the Promega Corpora-
tion, they can certainly serve other groups in an equally excellent manner. "We feel
confident that we can help other groups," said Croom, "after gaining this experience
with the Promega Corporation."

Croom's Transportation, Inc. was awarded Small Business of the Year in 1994 by Gov-
ernor Lawton Chiles. They were also recognized in 1994 for their work by the City of
Tallahassee with a Proclamation and a Certificate ofAppreciation as Florida's Finest
Small Business.

Croom's Transportation provides a valuable service to the community. They volun-
teer transportation services to such local youth groups as the WINGS Program. Croom's
Transportation also helps to serve the community's elderly population by taking them
to doctor's appointments, dental appointments, clinics and hospitals.


133 Highway 98, Apalachicola



Published every other Friday


The Franklin Chronicle 8 August 1997 Page 7

A Walk, A Thought, A Feeling of Peace
^>.--~~~~~~~~ .q^H MB aC' -^--w ia^ ^ ^ ^

i~j7J' "~&

By Sue Riddle Cronkite
There's an almost secret place just
north of downtown Apalachicola
that's largely ignored, except for
a few tourists, city crews and
Franklin Work Camp prisoners
who take care of it, and those who
seek peace and beauty for a
morning or evening's walk and
It's where birds, plants, and trees
live, as wild as they are allowed
to be, presenting a landscape as
calm and serene as life must have
been at the beginning of time.
The spot is the Chapman Botani-
cal Garden, built to perpetuate
the memory and work of Dr. Alvin
Wentworth Chapman (1809-
1899), a botanist of national and
international stature and once an
honored citizen of the town of
An engraved stone monument in
the center of the five-acre site tells
the story of the beginnings of the
garden, which contain many
plants of the sort developed by Dr.
Concrete walkways wind about,
with benches strategically placed
for a rest. A mocking bird squalls
as he dive-bombs a crow, and blue
jays pick up the sergeant-at-arms
position of protector of the birds'
Even those who never heard of Dr.
Chapman can see evidence of his
propagation of plant varieties, not
only in the Botanical Garden, but
in yards and pecan orchards over
Apalachicola and Franklin
The pecans from this area are
tough and tasty, and have an
unusual shell. Dr. Chapman
crossed a pecan variety with the
native hickory nut. The meat has
a rich flavor, akin to black wal-
nut, or a sort of'all-in-one butter
At the Garden a vanload of tour-
ists jump out for a short visit as a
light rain begins. They walk
quickly through, marveling over
the huge cypress trees, the wide
water oak umbrella limbs, and the
hanging-garden look of lacy weep-
' ing willow branches.
"I thought this place would be
filled with crowds of people, walk-
ing, sitting on benches, studying

the plants, taking pictures, just
hanging out," remarked a visitor.
"Maybe they're here when it's not
"It's not exactly filled, but people
do come by," said Wilbur Bellew,
a city employee who helps look
after the garden. "There was a
pickup load here yesterday, six
people with a Decatur County,
Georgia, tag."
Bellew said people usually just
walk through. "I've seen several
with lunch coolers," he said. "The
benches are nice places for people
to sit and rest."
Not far away is Magnolia Hall, a
historic home built in 1838, which
serves as a bed and breakfast inn.
It's within walking distance of the
garden where folks might take an
early morning stroll in the cool of
the day, before the heat sets in.
The story on the monument is
about how the city commissions
of 1985-87 and 1987-88 obtained
the design and funds to clean up
the dump site and develop the
garden through the Office of Com-
munity Development. Other
records tell how the city was or-
dered by the Florida Department
of Environmental. Regulation to
clean up and close the "non-con-
forming solid waste disposal site."
A resolution dated Jan. 5, 1987,
seeking $500,000 from the Com-
munity Development Block Grant
Program, stated that electrical
transformers had been buried on
the site, creating a "potential
threat to the city's potable water
with PCB contamination."
The site had been in use since the
mid-1930s as the town dump.
Last year after Hurricane
Josephine dumped flood waters
on Apalachicola citizens reported
that old tires and pieces of ancient
automobiles surfaced. Some of
the weeping willows were leaning
precariously or had fallen over on
the east side of the garden.
The refuse was carted away, and,
the willows now bravely stand tall,
rivaling the ancient cypress trees
for beauty and shade. Nearby are
several sweetgum trees. A lone

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magnolia, reaches out friendly
limbs covered with waxy green
Spanish bayonets march like sen-
tinels along a fence and in a cen-
ter area are huge elephant ears.
Black-eyed Susans wink at visi-
tors, smiling above scruffy leaves.
Bugle vines wave blossoms of se-
duction for humming birds near
where pines reach.for the sky and
oleanders just recently dropped
red and lavender bouquets on the
fresh-mowed grass.
A huge wild sage bush looks like
a scrub 6ak, but when you crush
a leaf the pungent odor coaxes up
r-" ',-g '

memories of Thanksgiving turkey
An altha, called rose-a-sharon
back in the '40s, valiantly waves
pink and white double blossoms,
and not far away is a Confederate
rose. At the north edge of the gar-
den wild grape vines cover much
of the underbrush.
Ask most anybody who lives in
Apalachicola about the garden
and they'll start talking about long
ago when there was a frantic
search for electrical transformers
which had been buried under the
dump debris.

The garden may be the best-kept secret on the Forgotten
Coast as a place where tourists might take a walk or sit
under a shade tree.

--- .I.

Old-fashioned lights mark the walking trails paved in Weeping willows beckon from a long view of the garden.
concrete winding among beautiful plants which appear to Under the willows are benches and a wooden structure with
be very old. It reminds visitor of the timeless coexistence an oriental influence, which serves as a reminder to slow
of people, trees, and plants, and the need for humans to down, rest, and meditate.
reaffirm that association. ..

-. *,4 .-.
J. Patrick Howard, outgoing director of the Apalachicola
Bay Area Chamber of Commerce, admires a blooming crepe
myrtle along a fence at Chapman Botanical Garden.
Morning glory vines wind among limbs of the tree, and
honeysuckle vines run along the fence.

Weyo 0 e# o

can d thins ohes ant

I -- -- -- -

Dh~I N ~ ~k0h~U U ~1AU Ii]


NO: RG0050763
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of Franklin County, Inc.
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6 P.O. Drawer JJ Carrabelle 32322

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The application Ior funas to clean
up the site back in the '80s, told
about test holes being sunk and
the determination that "the cen-
tral portion of the site, some two
acres," contained trash and de-
bris to a depth of 10 feet,
shallowing to a depth of five feet."
Surface trash was distributed
throughout the entire five-acre
tract. The report also told about
a kill-off of the pond cypress stand
to the north and east of the site.
Of concern was the city's water
from wells pumping from the Flo-
ridian aquifer under the site, and
that water draining into Scipio
Creek and Apalachicola Bay
might be contaminated.
According to the request for funds
to develop the recreational/edu-
cational park at the site, the hope
was to "reclaim the land...to cre-

ate a botanical park by revegetat-
ing the area with native plants
and other improvements."
Somewhere among the ten years
since the project was begun and
now, people sort of forgot about
the beauty. Many haven't gone to
the garden to look at how mag-
nificently nature has "reveg-
etated" the former dump site with
wild and beautiful native plants.

But the Master Gardener has
surely been busy at the quiet and
peaceful green haven built on top
of an old city dump. Take a walk
through the curved concrete
paths, sip cool water from the
mountain, drop down to a friendly
bench, and take a look around.
*^.ijkt W

I I I r

4) .Jk

.-- -'::--.
Nothing like a cool drink on a hot day. Donald Power drinks
from the fountain at Chapman Botanical Garden, while
Derek Crumpton, Matt Barineau, and Sally the dog, wait
in line.

6:00 8:00

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Historic 1877 Gulf Coast Schooner

p.m., Thursday Saturday

Group Charters, Weddings, Reunions & Special Occasions
Apalachicola Maritime Museum, Inc.
57 Market Street Apalachicola, Florida

Monuments tell the story of the garden, built about ten
years ago in honor of Dr. Alvin Wentworth Chapman (1809-
1899) who dreamed of a place for people to be able to wander
among trees, plants, shrubs, and flowers, while they
listened to the quietness of nature.

r.U. bDO 8UO

Dr"V ,o).

Pir"\V A r

Page 8 8 August 1997 The Franklin Chronicle

LVWSD Commissioners

Set Proposed Budget

By Rene Topping
After three successive two-hour
workshop meetings, the three
commissioners came to an agree-
ment at a meeting held at the Dis-
trict office at 1 p.m. August 6. The
1997/8 budget of $268,000 was
described by their treasurer,
Jeanette Pedder, as a "Bare bones
budget, with no fat." Ms. Pedder
will present this budget to resi-
dents of the district at a special
meeting to be held, August 26 at
Chillas Hall.
The commissioners have had a
busy three weeks. In addition to
the three workshop meetings,
they have also held a regular
meeting. They also had an ap-
pointment to meet with the State
auditors on July 31 to discuss the
district problems. Ms. Pedder said
they welcomed the chance to talk
to the state officials. "I don't think
the auditors are aware of what
stat.. we found this district in, and
wha'i we have begun to do start
turning it around."
Commission Chairman Jim
Lawlor said that 'They are look-
ing favorably. We have had letters
from various agencies com-
plimenting us on our cooperation
with them and our actions. It is
making life more bearable. They
are helping us in different ways.
They are opening doors and they
are working with us when at first
,hey would not." He added that
v're just had a Department of
Environmental Protection, (DEP)
sectiontin this past April and they
complimented us on our coopera-
tion," Ms. Pedder said, "We also
go a reasonably favorable report
rom the DEP. The discrepancies
they found are real minor-so
easily corrected-nothing major.
Talking on phases of the proposed
budget, Pedder also stated that
the district is up to date on things
such as it's debt service and day
to day expenses in the running of
the district finances. On the re-
serve obligations for debt service
for the year 1997/8, the district
has to have $72,080 in reserve
between October 1, 1997 and
August 8 of 1998."
Ms. Pedder went on, "Then we
have to have all our operating ex-
penses. We have.salaries. Our
people don't work for nothing."
"Then again, with the customer
base we have, we are absolutely
forced to be represented by legal
counsel at all times. We must have
an attorney." She went on to say
that the district is sued by it's own
Lawlor said, "We look at every-
thing. The problem. is .that we,
probably have as much and need
as much equipment as our neigh-
boring City of Carrabelle has, but
we don' t have the customer base
to offset the cost." At this point
Ms. Pedder said, "I don't think
some of the people in our district
understand that. Our customers
must understand that although
we are a small district, we have
all of the costs and all of the obli-
gations as a large city has. Be-
cause we are a small, special dis-
trict we don't get absolved of meet-
ing with DEP standards. We don't
get absolved of having water tests
done. We don't get absolved of
paying a lot for everything that a
large water and sewer district has
to pay. It is proportional, I will
grant you that. But certain things
are not proportional. When we
pay for our water permit, we pay
the same price as a large city has
to pay for their water permit."
Lawlor remarked, "We need
trucks, we need tractors."
"Ours are antiquated with age."
Pedder added, "We pay the same
price for chlorine as Tallahassee
does We don' t get any break on
the chlorine price. We don't get
any breaks on postage. Florida
Power does not give us a break
on our utilities and with a vacuum
system it is electricity driven." She
stated that their electricity rates
had quadrupled since the vacuum
system was put in.
Lawlor said, "It was a cheap sys-
tem to put in, but an expensive
system to maintain. We replaced
the gravity system over most of

our district, mainly in the apart-
ments, basically only because we
had to go vacuum south of 98. We
had to contract $680,000 on the
apartments to correct the infiltra-
tion and to replace the gravity
Commissioner Greg Yancey, who
acts as field manager, said that
he had a list of problems that
needed correction. Some are man-
dated. "We are mandated to buy
and install two generators in or-
der that, in case of a hurricane
and a power outage, we would be
able to shift to them for power to
continue service to the custom-
ers." As just one of a long list, He
said. "I would like to see us be able
to get training in state working
procedures for the men. For in-
stance, when one man is down in
a manhole, it is mandated that air
is pumped in to him," He said he
felt that the chlorine alarm that
has been placed on the water
plant s. necessary, but pointed
out that it is also necessary for
the sewer plant. He also indicated
that the pipes and other equip-
ment are very old and the danger
of breakdowns increase as time
goes by.
Bruce Ballister, who is acting as
district engineer, joined the meet-
ing to report on the preapplication
for construction money to expand
the system to cover most of, the
district. He stated that in order
to get the preapplication ap-
proved, it has to backed by
pledged revenue. He said erigi-
neering studies his firm will do
will include correcting problems
such as the water tower and cor-
recting the infiltration problems
in Gulf Terrace. This problem is a
hold-over from past commissions.
He suggested, "Have Mr. Yancey
make up a list of the emergency
needs that are not tied to system
building. The Legislature meets in
February and March. You com-
missioners need to talk to your
legislators and you might be in
line for a state grant." Special dis-
tricts are not able to obtain- the
Community Development Block
Grant (CDBG) monies that are
available from the Federal Gov-,
ernment to cities such as
Carrabelle, but Ballister thought
that LVWSD would be eligible for
some state money, especially for
mandated equipment. He added
that there is a need to work on
the preapplication as the rate of
interest will go up next year.
He told the commissioners that'
the proposal to expand the water
and sewer to Lanark Beach is nec-
essary, and not oinlv'for: expan-
sion of the diltrict.!iHe pointed out
fhat'thte people who live iin Lanark
Beach are obtaining their water,
at about forty feet. He remarked
that "the Janitor in a Jug" used
to flush out the sink is percolated
along with everything else into the,
water table. "I believe Lanark
Beach folks would benefit from a
good water and sewer system if
they think about it." He also
felt that the day will come when
no more septic tanks will be
Ballister told the commissioners
that the State will require a re-
serve fund to be set up for before
the preapplications be consid-
ered. The 'commissioners, after
much discussion, finally and very
reluctantly decided that the only
way would be to make a proposed
raise in the rates on the sewer
by $3.00 a month to present
Ms. Pedder said this money will
be held in a special reserve ac-
count. The proposed rate will
bring the cost of water and sewer
to a' combined rate of $43.00 All
three commissioners agreed on
the proposed budget as outlined
by Ms. Pedder, and also agreed
that a proposed $3.00 increase
would be made on the sewer bills
and placed in a special reserve
account. Ms. Pedder said, '"These
things we agreed on are at this
point only proposed. There will be
a special meeting at which I will
give the residents all of the infor-
mation on each item. Please re-
member at this point nothing is
set. The commissioners have not
yet voted."

I N.' s

I .6 I 0~)~ll: ~Lt ~ ?~~

r ;&---
f '-

- ,-r

Phiel informed commissioners
that the existing bridge could be
used as area for fishing, walking,
bicycling, skating and
sightseeing. "Any manner of rec-
reational activities could be pur-
sued here," he said.
Phiel said that the cost to main-
tain the bridge could be provided
by the state. If the area becomes
designated as a recreational-eco-
logical greenway, Phiel said, the
Department of Environmental
Protection would then by law have
to assume all liability for the
bridge. He said that the county
could also apply for grant fund-
ing to help with maintenance
costs. ,
Phiel pointed out that it would.
cost $3,640,000 to remove the
existing structure. He asked
whether the Florida Department
of Transportation would be will to
give that money to the county to
assist with maintenance costs. He
said that the bridges in Piniellas
and Escambia Counties were
maintained when new crossings
were constructed. "This would be
nothing new in the State of
Florida," he said.
Mr. Stull informed board mem-
bers that the coast guard would
probably not allow the intrac-
oastal waterway crossing to re-
main intact. He recommended
that portions of the north and
south bridge remain intact: "Fish-




Artist is

Rising Talent

14 year old Andrea Reeder from
Eastpoint is one of the
community's rising talents in the
area of fine arts. Andrea has been
drawing for approximately three
years. She has received only one
week of instruction at the art
school of Neal Smith Willow. How-
ever, with the limited tutelage pro-
vided to her, Andrea's work only
seems to be improving.
Andrea has drawn portraits of
family members that reveal in-
credible likenesses. Also, she has
completed portraits of members
throughout the community. "I just
like to do this," said Andrea," and
people tell me that I'm improving."
In her later years, Andrea hopes
to study art at a university. She
hopes to become a rich and "ex-
tra famous" artist.
Currently, Andrea is one of the
pitchers for the Junior Varsity
Softball Team for the Apalachicola
High School Sharks. She has
taken a workshop at Gulf Coast
Community College to hone her
pitching skills. In addition, An-
drea has musical talents. She is
currently taking piano lessons
and is member of the Senior
Youth Choir at the Eastpoint
Church of God.
Andrea is the daughter of Susan
and Howard Reeder.

Eastpoint Incorporation,
From Page 1
essentially operate as the city's
good will ambassador.
"There's a mayor provided in this
design," explained Sisung, "but it
is not a strong mayor city. In some
places, the mayor has all the
power and the city council rub-
ber stamps his or her work...in
this one, the decisions would be
made by the city council and not
by the mayor." Sisung said that,
in the composition proposed, a
five member commission would
elect a chairperson. Also included
in the proposed model would be
one clerk.
Chairperson Bonnie Segree ques-
tioned whether the city's mayor
would merely act as a "figure
head." Sisung explained that the
mayor would be a elected position.
"He does certain things,' said
Sisung, "largely it's ceremonial.
He gives speeches, pep talks...and
does other things."
Resident Doug Creamer ques-
tioned the purpose of such a
mayor. He opposed spending the
taxpayers' money on a position
without a specific function. "If
they're useless," he asked, "then
why pay them?" He continued, "to
me that's a waste of money." Mr.
Creamer said that he favored the
manner in which the City of
Apalachicola allowed its mayor to
Recording Secretary Michael Allen
said that he also favored the no-
tion of creating a strong mayor's
position. Mr. Allen also said that
he supported the manner in
which the City of Apalachicola
handled it's mayoral duties. "I
think that a strong mayor is a
good thing," he said. Allen con-
tinued, "I think that he (Mayor
Bobby Howell) keeps that board
from falling apart and that other-
wise they would. In Carrabelle,
you have the exact opposite in
which you have a mayor that's not
exactly strong and the board can
spend hours and hours discuss-
ing nothing."
Mr. Creamer also brought up the
issue of whether elections should
be conducted in a partisan or.
non-partisan manner. He said
:that, if the elections were parti-
san, residents would have to pay
for an additional election to
accommodate both major political
The proposed rules for eligibility
to hold office were tentatively ap-

ing piers can be established if the
local government can take over
maintenance," he said. a
Commissioner Jimmy Mosconis
said that he was doubtful whether
the Department of Tansportation
(DOT) would allocate those funds
designated for the removal of the
old bridge to the county. Mr. Phiel
said that the 'DOT was willing to
allocate such funds for the
Ocklocknee River Bridge. 'They
were willing to put it in a coffee
can...so to speak," said Phiel, "and
then you can put it into a trust."
Mosconis concluded, "we might
could save a short pier on each
The board requested that County
Planner Alan Pierce research the
matter further.



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proved at the meeting. According
to Section 4 of the proposed char-
ter, the following rules would ap-
ply in determining the eligibility
to hold office:
No person shall be eligible to hold
office in the said municipality of
Eastpoint, in Franklin County,
Florida, who at the time of his
election or appointment is not a
resident within the corporate lim-
its of the said city and shall also
be a qualified elector within the
said city and qualified to hold of-
fice under the Constitution of the
state of Florida. If at any time any
elected officer of said city shall
move his residence and reside
beyond the corporate limits of said
city, his or her office shall there-
upon become immediately vacant
and shall be filled by appointment
as hereinafter provided.
Simply stated, Chairperson
Bonnie Segree said that the such
officers would have to "reside on
the soil." Group members agreed
that an office holder could not
retain his office by obtaining a
local post office box number if he
lived'outside the city limits.
The proposed rules addressing
Vacancies in office were also ten-
tatively approved. According to
Section 5 of the proposed char-
ter, the following rules would ap-
ply to vacancies in office:
Vacancies occurring in any
elected office of said city by any
means whatsoever, shall be filled
by appointment by a majority vote
of all members of the city council
within sixty (60) days of the date
said vacancy occurs. Should the
members of the city council fail
to fill said vacancy within the sixty
(60) day period, then said vacancy
shall be filled by a special elec-
tion of the city called by the city
council. This special election shall
be held within ninety (90) days
following the date such vacancy
occurs. Any appointed or elected
official under this section shall
hold office until the next regular
election for the election of offic-
ers held in said city.
The proposed rules for impeach-
ment from office were also tenta-
tively approved. According to Sec-
tion 6 of the proposed charter, the
following rules would apply in re-
gard to impeachment from office:
The city council of Eastpoint,
Florida, shall have the power un-
der this charter to impeach any
elected officer of said city includ-
ing members of the city council,
mayor and clerk for malfeasance

in office, to include neglect of
duty, violation of their oath as of-
ficers, or any other act of which
they are found guilty which would
be detrimental to Eastpoint, and
its inhabitants thereof, and not
in keeping with their oath as
Any two (2) members of the city
council shall have the right to file
impeachment proceedings
against any said officers, and if it
be the mayor or clerk, the whole
of the city council shall be neces-
sary as a body at a special meet-
ing called for that purpose by the
present of the city council and
three (3) members of said council
shall be necessary to impeach the
above named officers, and in case
they are impeached their offices
shall at once become vacant and
shall be filled by the council as
hereinafter provided. In case said
officer is a member of the city
council, then that member shall
be disqualified to sit, but it shall
take the vote of the remaining four
(4) members to impeach a mem-
ber of the city council.
Ms. Segree informed the group
that Eastpoint was a vital area
with much potential to expand.
"We're the only one with area to
grow," she said, "we may be the
county seed one day...25 years
from now."
Mr. Sisung pointed out that the
unincorporated section of Frank-
lin County consisted of 3,792 in-
dividuals in 1980. In .1990, he
said that these areas of the county
blossomed to 5,165 residents. As
of 1994, he said that 5,934 indi-
viduals resided in the incorpo-
rated areas.
The amount of individuals who
have moved into the incorporated
areas from 1980 to 1990 repre-
sents a 36.2 percent increase,
Sisung noted. In the four year
period from 1990-94, a 14.9 per-
cent increase was noted in the
unincorporated areas of Franklin
County. "It's growing at a very
handsome rate," concluded
The Committee for the Incorpora-
tion of Eastpoint will meet again
on August 21 at 7:00 p.m. at the
Eastpoint Firehouse; the group
will continue work on approving
a charter. Some of the charter is-
sues that may be discussed at the
meeting include rules for special
elections, qualifications to regis-
ter to vote and determining the
manner and time in which elec-
tions can be conducted. The meet-
ing will be open to the public.

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-~s .'t 'Si

Jack Phiel addresses the county commission.


_ I



r o

Published every other Friday


The Franklin Chronicle 8 August 1997 Page 9

Middle School Plans Presented to

School Board
am :-' I j 4' 1 O' ,.-,:l .' ,... i .r .a n. m*

(L-R) Superintendent Brenda Galloway, Denise Butler and
Coach William Lane stand next to the mapped out plans
for a middle school at Apalachicola High School.

Apalachicola High School instruc-
tor Denise Butler presented plans
to the Franklin County School
Board for a proposed middle
school at Apalachicola High
School during the board's July 29
special meeting.
Ms. Butler presented a map to the
board which illustrated those sec-
tions at the high school desig-
nated for middle school (7th and
8th grade students) and high
school students. Certain rooms,
she explained, would be utilized
by both middle and high school
students. Such rooms would in-
clude the band, chorus and home
economics room as well as
several rooms containing
"I think it shows you that we've
made a really strong effort to keep
the students separated," said
Butler. She continued, "this is an
opportunity for us to show the
parents that we've made some

baby steps and we're ready to take
some bigger steps."
Each teacher, said Butler, will
have a "home base." She ex-
plained, "their space and their
desk and things that are very im-
portant to them...they'll know
where their materials are." The
instructors, she said, would have
to move to different classrooms
throughout the school day. "We've
made a real serious effort not to
have them flip-flop every period,"
she noted.
Board members questioned how
the high school students would be
prevented from wandering into
the middle school areas. Ms. But-
ler said that faculty members
would monitor both groups dur-
ing the school day. She said that
students would be disciplined if
caught in a prohibited area of the
high school; those students, she
said, would be first warned and
then sentenced to a period of de-

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tention. Ms. Butler said that sev-
eral signs would be placed on the
outside of the school to show
where the middle school entrance
was located.
Ms. Butler informed the board
that plans were being considered
to provide middle school students
with a separate entrance into the
high school from the school bus.
Lunch schedules, she explained,
would remain separate. Ms. But-
ler said that faculty members
were considering a morning break
period for middle school students
to be used as a time to provide
advise and consultation to the
young students. "These are all
things that don't take any money,"
she said.
"The board and community need
to understand that it will take a
commitment on the part of the
parents and the teachers," said
"I think it's wonderful," responded
board member Connie Roehr,
"Carrabelle's been doing this for
several years and it has worked.
And it's fabulous."
Board member Jimmy Gander
also complimented Ms. Butler for
her work. However, he stated ear-
lier that the middle school stu-
dents would be best served if
housed at Chapman Elementary
School. "I don't think we're pleas-
ing the parents," he explained,
"and I think we're losing students
and Full-Time Equivalent funds
because of it."
Ms. Butler provided the board
with a list of highlights by
Apalachicola High to promote the
middle school concept. Those
highlights include:
*The use of the term "middle
school" by faculty and students.
*The development of separate
awards day ceremonies.
*The primary use of "A" Wing by
middle school students.
*The decreased "crossover" pat-
terns by teachers. For example,
teachers will now be less likely to
teach both middle and high school
*Separated entrances to the high
school. This will involve a sepa-
rate drop-off point on campus.
*Separate restroom facilities for
middle and senior high school
*Only students designated to go
to a class in a different wing will
be able to go to the opposite wing;
all other students will not be al-
lowed in the hallway and will be
disciplined for failure to follow the
*Middle school students will be
escorted to the gym by the physi- .
cal education teachers for those
classes conducted in the high
school's gym.
*Lunch schedules for the middle
and high school students will be
*The development of "wheel
courses" for exploratory course
alternatives in middle school;
such courses will include Span-
ish, sign language and art classes.
*Combining reading and language
arts classes into a single unit to
enhance learning.
*The designation of a middle
school lead teacher and "core
team" for the middle school.
*The posting of appropriate signs
to designate middle school areas
and halls.
*The consideration of separate
days for the use of the media cen-
ter by middle and high school stu-
*Initiating the development of a
growth plan for the middle school
within the high school.
Ms. Butler also provided the
board with a list of exemplary
middle school benchmarks; those
benchmarks include:

*Teachers committed to the
middle school.
*Strong communication between
parents and the school.
*Exploratory course opportuni-
*Activities geared toward the aca-
demic, social, physical and emo-
tional needs for this special age
*A strong advisor/advisee
program to provide strong role
*Interdisciplinary activities as well
as hands-on opportunities.
*Team teaching.
*Opportunities for non-
competitive sports and group
*Recognition by all of the unique
qualities of the middle school
In other school board business:
*The board unanimously voted to
tentatively accept a millage rate
of 7.654 for the school district.
The rate would represent a 14.04
percent increase over the rolled-
ack rate. The rolled-back rate
can be defined as the millage rate
which produces the same revenue
from the tax base as the previous
year. The board has tentatively
approved an identical millage rate
from the previous year. However,
since the tax base has increased
from $537 million during the
1996-97 fiscal year to $630 mil-
lion in the 1997-98 fiscal year, the
district will receive more revenue.
Thus, the millage rate tentatively
adopted represents a tax increase.
The board also voted 3-1 to ac-
cept a budget of $10, 283,481 for
the school district. Board mem-
ber Jimmy Gander voted against
the majority. Gander voiced con-
cern for those instructors who
were cut from the district. "I don't
think it's equitable," he said.
A second and final budget hear-
ing will be conducted at
Carrabelle High School on Sep-
tember 4 at 6:00 P.M.
*The board voted 3-1 to table ap-
proval of the Master Schedules for
all of the district's schools. Chair-
person Will Kendrick voted
against the majority.
*The board unanimously agreed
to re-hire Spencer Tolbert as a
geography & social studies in-
structor at Apalachicola High
School for the 1997-98 school
*The board unanimously agreed
to approve the job description of
Early Intervention Paraprofes-
sional/ Child Development Asso-
ciate (CDA). The board also agreed
to advertise to hire as many as
six CDA's.
*The board unanimously ap-
proved the district's participation
in the Panhandle Area Educa-
tional Consortium (PAEC).
*The board unanimously ap-
proved the district's Code of Con-
duct for the 1997-98 school term.
Board member Connie Roehr
questioned whether the code
made provisions for those stu-
dents who unknowingly pos-
sessed an alcoholic beverage or
other prohibited substances.
"What f it's (alcohol) in a cup and
they don't know what it is," asked
Roehr, "if they take it in their
hand...does that mean they're in
possession of (alcohol)?"
Director of Curriculum Rose
McCoy explained that the "intent"
would have to be taken into ac-
count by the school's principal
when considering a violation of
the Code of Conduct. "I think you
have to think of possession as the
idea of somebody making inten-
tional use of it."
*The board unanimously ap-
proved the Pupil Progression Plan
or the 1997-98 school term.

City to Consider Monitoring

Excessive Noise Levels

The Apalachicola City Commis-
sion agreed at their regular Au-
gust 5 meeting to consider moni-
toring excessive volumes of noise.
Mayor Bobby Howell even offered
to personally purchase a decibel
meter to gage the volumes.
Mayor Howell stated that Dr. &
Ms. Malcolm Nichols had circu-
lated a petition on the matter. "I've
never signed a petition in my life,"
he said, "but I wanted to sign that
one about these boom boxes."
Dr. Nichols said that he was
opposed to people making
excessive noise at all times of the
day and night. He explained that
such noise could result in
auditory damage for community
members. Nichols presented the
board with a pamphlet containing
medical information detailing the
effects of excessive noise on one's
ears. "It's not only for us," he said,
"but it's for people who are
making the noise. It's a health
"Maybe I won't get knocked out
of bed every night with them going
to the Jr. Store," said Howell.
The board directed City Attorney
Patrick Floyd to look into the
In other city business:
*City Grant Consultant Debbie
Romulus informed the board that

they probably would not receive
state funding for either a commer-
cial or housing grant. Ms.
Romulus expressed an interest in
serving as the city's grant consult-
ant next year. "I want to come up
a winner next time," she said. She
said that the city must again ad-
vertise the position.
Mayor Bobby Howell extended his
appreciation to Ms. Romulus for
her woik for the City ofApalachi-
cola and her continued interest in
the position of grant consultant.
They unanimously agreed to ad-
vertise for a grant consultant. "We
apologize for you traveling with-
out funds," said Howell, "our sorry
is not enough to give you any
*The board agreed to advertise to
sell the Sixth Street Lodge. The
building was valued at $95,000.
*Mayor Bobby Howell voiced
concern for those individuals who
sold items on the right-of-way
areas in the city. He complained
particularly about an individual
who sold firecrackers in front of
the Red Rabbit Foodlane. "I think
we should prohibit anybody from
setting up these roadside stands
on (Highway) 98," he said.

The Pringle-Crum Net
z., fe/" IoN X4A1,

The proposed Pringle-Crum net is 3 inch stretch mesh, 1.5
inch bar. Eighteen mesher deep. This drawing shows a net
222.2 feet long by 2.25 feet deep, with a total square footage
of 499.95 feet. The net also consists of a twine size to
maximize catchability yet allow the escape of game fish
by breaking the twine, changing mesh and twine size with
seasonel changes and the targeted species.

Declaratory Judgment from Page 1
cies is attached hereto as Exhibit "C".
21. As diagrammed, the Pringle-Crum net is designed for
specific target species-specific finfish.
22. The Amendment was designed to prevent unnecessary
killing, overfishing and waste.
23. A blanket restriction on mesh size or twine type has di-
sastrous effects on the varying marine populations. A smaller
mesh size, for instance, or no mesh size in the case of tar-
paulin-type nets currently authorized by the MFC, causes
the entanglement of smaller, juvenile fish and unintended
bycatch, resulting not only in a premature depletion in the
population of juvenile stocks of the targeted species, but also
the unnecessary killing, over-fishing and waste of non-tar-
geted bycatch and game fish.
24. In order to prevent the unnecessary killing, over-fishing
and waste the Amendment sought to curtail, allowances must
be made for the type of fish targeted in relation to the net,
twine, and mesh size used. Such an approach provides for
more species-specific fishing, allows the replenishment of
depleted marine resources, and accounts for seasonal varia-
tions and differing developmental periods for certain targeted
Crum and Pringle assert that their net achieves those goals and fur-
thers the stated purpose of the Amendment because its construction
allows non-targeted fish and other bycatch of unintended species and
juvenile fish to escape, causing only the targeted fish to be harvested
in a manner consistent with high-test selectivity and catchability stan-
dards of the Dept. of Environmental Protection (DEP) and the MFC.
The Plaintiffs Crum and Pringle also pointed out in their legal brief
filed in the 2nd Circuit Court (Wakulla County) that a declaration in
their favor from the Court that the Crum-Pringle net could be legally
fished under the Amendment would "...remove the arbitrariness and
inflexibility of current net measurement calculations and would pro-
vide Plaintiffs and other commercial fishermen and those enforcing
the Amendment with a concrete guide as to how to fish in compliance
with the Amendment... In light of the Amendment's purpose of limit-
ing marine net fishing, not prohibiting it, commercial viability of
Plaintiffs net is relevant to the relief sought..."

Coastal Petroleum Royalties from Page 1

"In the late 1960s, a dispute arose concerning Coastal's right
to mine limestone beneath Lake Okeechobee. This dispute
resulted in federal litigation between Coastal, the trustees,
and the Army Corp of Engineers. The United States District
Court for the Southern District of Florida ruled in Coastal's
favor and the trustees appealed. Settlement discussions be-
gan during the course of the appeal and continued until Janu-
ary 6, 1976, when the case was resolved. The agreement was
reduced to writing in a memorandum of settlement between
the state and Coastal dated January 6, 1976.
"In the memorandum of settlement, Coastal surrendered a
substantial portion of the area covered by the leases, agree-
ing to retain active rights to explore only in the most offshore
portion of the original area to which the leases pertained (7.36-
10.36 miles offshore). The "middle strip" (4.36-7.36 miles off-

shore) was surrendered by Coastal to the state (as specifi-
cally allowed by paragraph 16 of the leases, as modified), and
Coastal retained no rights whatsoever to that area. Also, pur-
suant to section 16 of the lease, Coastal surrendered its in-
terest in the near shoe portion (coast to 4.36 miles offshore),
retaining only a "residual royalty." The residual royalty in-
terest entitled Coastal to 6.25 percent of all oil and gas pro-
duced on the offshore area until the year 2016. Additional
conditions of the settlement required Coastal (1) to continue
paying rentals on the areas where it retained an active inter-
est; (2) to comply with environmental regulations in effect at
the time of drilling; (3) to release any and all interests to the
state in the year 2016 (unless production is ongoing); and (4)
not to interfere in any state land use decisions.
The agreement is silent as to whether the trustees have a
duty to cooperate with prospective lessees or whether the
state may simply prohibit leasing, permitting, and drilling in
the royalty areas. Coastal's royalty interest could produce a
financial return only if an oil company were to lease the land
within the area covered by the royalty interest and then only
if the oil company were to locate and produce oil under the
terms of the lease. However, the agreement does not contain
any provision that requires the state to lease any of the prop-
erty. The president of Coastal Petroleum testified that he as-
sumed the state had an obligation to lease the land as part of
the overall agreement. Several witnesses testified for the state
that the state retained the discretion as to whether to grant
any leases.
The trial court made the following findings of fact:
Some experts believed that the royalty area was "pro-
spective" for oil in 1976 at the time of the settlement
agreement. However, this opinion is refuted by expe-
rience. The years before the settlement were marked
by one drilling failure after another. The lack of any
real potential for the recovery of oil in sufficient quan-
tities is further verified by events occurring after the
settlement. During the 15-year period from 1976 to
the filing of this suit in 1990, no third party had re-
quested the state to grant any leases in Coastal's
royalty area. Taking all of these facts into account,
the court finds that the royalty area was not "pro-
spective" for oil at the time of the 1976 memoran-
dum of settlement..."
The trial court (Circuit Court for Leon County) determined that Coastal
Petroleum did NOT possess a property right that could constitute a
basis for a lawsuit against the State of Florida for the purpose of
eminent domain. Secondly, in the opinion of the trial court (Judge
Padovano), there was not a reasonable expectation that the State would
lease submerged land for oil drilling, and the action of moving to
protect sovereign submerged lands did not constitute a compensable
taking. Citing other case authority, the trial court added, "...the 1990
legislation does not effect a taking of property...".
As a part of the discussion distinguishing precedent cases for both
sides, Coastal Petroleum and the State, the appeal court pointed out
that in the 15 years prior to the 1990 statute, no one had requested a
lease in the area concerned with this case. Before the 1976 settle-

ment, none of the test wells produced any oil. So, the speculations
over oil were too uncertain to claim formal protection through the
means of inverse condemnation. This portion of the opinion read as
"In fact, during the 15-year period prior to the enactment of
the law in question, no one had requested an oil lease in this
area. In addition, in the period prior to the 1976 settlement,
none of the numerous test oil wells drilled in this area had
yielded any oil. The trial court therefore made the factual
finding that this area was not prospective for oil.2 As previ-
ously mentioned, the state retained the right to control land
uses over the area in question. Under all the circumstances
existing in this case, we conclude that the trial court was
correct in determining the mixed question of law and fact
that the interest of Coastal Petroleum in the land in question
was too speculative to be protected through the means of
inverse condemnation.
JOANOS and VAN NORTWICR, JJ., concur."


Coastal Petroleum Back-
ground from Page 3

has had no production

Coastal Petroleum, a Florida cor-
poration, holds certain working
interests in nonproducing oil, gas
and mineral leases covering ap-
proximately 1,250,000 acres, and
a royalty interest in approximately
2,450,000 acres, in and offshore
the State of Florida. No commer-
cial oil or gas discoveries have
been made on the properties cov-
ered by these leases and Coastal
Petroleum has no proved reserves
of oil or gas and has had no sig-
nificant production.
Coastal Petroleum caused oil and
gas exploration to take place on
its leases prior to the onset of liti-
gation in 1968 but has conducted
more limited exploration since
that time until 1996. The amount
of exploration expenditures dur-
ing the years 1996, 1995 and
1994 was $282,000, $3,000, and
$1,000, respectively. Coastal Pe-
troleum believes all drilling and
exploration obligations imposed
by Coastal Petroleum leases have
been satisfied to date.
As a result of events discussed
below, Coastal Petroleum believes
its royalty interest effectively has
been confiscated by the State of
Florida. On July 23, 1990,
Coastal Petroleum filed a com-
plaint against the State of Florida
the "State") in the Circuit Court
of the Second Judicial Circuit in
Leon County, Florida seeking full
compensation for the confiscation
of its petroleum and mineral
leases. On August 5, 1996, the
Court ruled in favor of the State
and Coastal Petroleum has filed
an appeal of the decision. The law-
suit was initiated in response to
(1) a policy adopted by the Gov-
ernor and Cabinet on May 8, 1990
prohibiting drilling, exploration or
production of oil and gas re-
sources in the sovereign waters
of the State of Florida and (2) a
Florida statute effective August 1,
1990 prohibiting petroleum pro-
duction from offshore Florida
acreage. Pre-existing leases, such
as Coastal Petroleum's leases, are
exempt from the prohibition of
this law.
In 1941, Arnold Oil Explorations,
Inc., later renamed Coastal Petro-
leum Company in 1947, entered
into a contract with the Trustees
of the Internal Improvement Trust
Fund of the State of Florida (the
'Trustees"), in whom title to pub-
licly owned lands in the State of
Florida, including bottoms of salt
and fresh waters, is irrevocably

vested, for the exploration of oil,
gas and minerals on such lands.
Pursuant to an option to lease in
this contract, the Trustees and
Coastal Petroleum entered into
three leases between 1944 and
1946. The acreage covered by
these leases is located for the
most part along offshore areas on
the Gulf Coast of Florida and in
submerged lands under certain
bays, inlets, riverbeds and lakes,
of which Lake Okeechobee is the
In 1968, Coastal Petroleum sued
the Secretary of the Army of the '
United States in a dispute regard-
ing certain mineral rights. In
1969, as part of that litigation, the
Trustees claimed that the leases
were invalid and had been for-
feited. Coastal Petroleum and the
Trustees settled their disagree-
ment in 1976.
Under the 1976 settlement agree-
ment with the Trustees, the three
leases have a term of 40 years
beginning from January 6, 1976
and require the payment of an
annual rental of $59,247; if oil,
gas or minerals are being pro-
duced in economically sustain-
able quantities at January 6,
2016, these operations will be al-
lowed to continue until they be-
come uneconomic. Further, the
settlement agreement provides
that the drilling requirements
shall be governed by Chapter
20680, Laws of Florida, Acts of
1941, and that all other drilling
requirements are waived. Under
the 1941 Act, a lessee is required
to drill at least one test well on
lands leased in each five year pe-
riod under the term of the lease.
Coastal Petroleum believes it is
current in fulfilling its drilling re-
quirements. The Court in the
Florida Litigation has suspended
Coastal Petroleum's obligations,
pending the outcome of that
Since 1987, Coastal Petroleum
has drilled three shallow test wells
on Leases 224A and 224-B. This
exploration utilized a technique
developed and tested earlier by
Coastal Petroleum which detects
radiation emanating from phos-
phate and associated uranium at
greater depth. These tests were
inconclusive as to those minerals.
These test wells had the prior ap-
proval of the Florida Department
of Natural Resources and Coastal
Petroleum believes they met the
drilling requirements of the two
Other work during the 1987-90
period included planning for and
attempting to acquire a permit for
a seismic and gravity survey of
Lake Okeechobee. After consider-
able work, the application was
withdrawn from consideration

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because ol environmental cun-
cerns expressed by the Governor
and the Trustees.
In 1992 Coastal Petroleum was
granted an additional geophysical
permit for seismic, gravity and
magnetic work, on its offshore
leases. Magnetics were run on a
large portion of 224-A. Work was
suspended for a few months and
the DNR ruled that a new permit
application would be required to
renew operations. Coastal
Petroleum's new application for a
geophysical permit received ap-
proval in January 1997.
The following charts reflect the
acreage and annual rental obli-
gations resulting from the 1976
settlement agreement with the
Trustees and the approximate
acreage under lease at December
31, 1996:

Legal Proceedings.
Coastal Petroleum has been in-
volved in various lawsuits for
many years. Currently, Coastal
Petroleum is a party to two actions
in which two basic claims are be-
ing contested (1) Whether Coastal
Petroleum may obtain an oil and
gas exploration drilling permit
without further public hearings,
and (2) whether certain royalty
interests owned by Coastal Petro-
leum have been confiscated by the
State of Florida, entitling Coastal
Petroleum to compensation for
such confiscation. In addition,
Coastal Caribbean is a party to
another action in which Coastal
Caribbean claims that certain of
its royalty interests have been
confiscated by the State.
1. Coastal Petroleum Company
v. State Department of Environ-
mental Protection, (Case No.
96-03226, First District Court
of Appeal). Drilling Permit
In 1993, Coastal Petroleum ap-
plied to the Florida Department
of Environmental Protection (the
"Department") for a permit to drill
an exploratory oil and gas well off
Apalachicola, Florida. The pro-
posed well would be located in an
area included within Lease 224A.
The Department subsequently
denied the application for issu-
ance of a drilling permit for vari-
ous reasons including the re-
quirement for a $1.9 billion bond.
Coastal Petroleum appealed the
actions of the Department to the
Florida First District Court of Ap-
peal ("Court of Appeal"). After two
decisions by the Court of Appeal
in favor of Coastal Petroleum, the
Florida Supreme Court in July
1996 denied the Department's
petition to review an April 1996
Court of Appeal decision. The
Florida Supreme Court had also
refused to review an earlier Court
of Appeal-decision.
On August 16, 1996, the Depart-
ment notified Coastal Petroleum
that it was prepared to issue the
drilling permit subject to Coastal
Petroleum publishing a Notice of
Intent to Issue ("Notice") the per-
mit. The Notice would allow inter-
ested parties to request adminis-
trative hearings on the permit.
Coastal Petroleum refused to pub-
lish the Notice and filed a petition
with the Court of Appeal on Au-
gust 27, 1996 to order the Depart-
ment to issue the permit without
the requirement of the Notice and
without further delay.
On September 9, 1996, the Court
of Appeal issued an order to the
Department to show cause why
the permit should not be granted.
On December 18, 1996, the Court
of Appeal denied the
Department's request for an oral
argument. On February 10, 1997,
the court denied Coastal
Petroleum's petition for a writ of
certiorari. Since the ruling did not
address Coastal Petroleum's mo-
tion to have the DEP issue a per-
mit without further delay, Coastal
Petroleum is considering a motion
to clarify the decision.

Results of Operations
The Company has never had sub-
stantial revenues and has oper-
ated at a loss each year since its
inception in 1953. The Company
has been involved in litigation
since 1968 and its total legal ex-
penses have been approximately
$1,374,000 during the period
1996, 1995 and 1994. The legal
expenses incurred related prima-
rily to the Florida Litigation. These
fees can be expected to continue
at the same or a higher level until
the Florida Litigation is resolved.


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