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FTr APALACHICOLA, FL
0 PERMIT #8 I
17, 2001 Chronicle
Volume 10, Number 5 A LOCALLY OWNED NEWSPAPER March 9 22,2001
At The 19th Annual Fund-Raiser
St. Geo Charity Chili Cookoff
Hits $300,000+ Gross
Sale Of Old Firehouse Raises The Total
First place winner in Professional Chili, Diane Malancan
(Double D Chili). I
Lee Edmiston organized the professional cookers
Dark, almost black, clouds crowded.
the morning sky just as the Charity
Chili Cookoff 5K run started at 8:00
a.m., but by the end of the race, the
sun broke through. And, the breezes
continued through the morning but
the sky turned hazy and then blue as
the clouds departed while traffic on
the bridge connecting the St. George
Island with the mainland grew enor-
mously. By mid-afternoon, the crowds
had swollen to upwards of 15,000.
The 5K run results are posted inside
on page 4. The amateur crockpot com-
petition started at 9:30 a.m. and the
professional cookers were underway
in their cooking by Noon, as the auc-
tion tent, echoing the familiar
auctioneer's lines, filled to capacity.
There were 140 items to be sold by 4
p.m., including the old fire station.
The items ranged from the collectors
Budweiser beer bottle with the upside
down label, into a long list of items
such as a wicker sofa, wrought iron
stand, a gas grill, humidifier, tables
of all sorts, ice buckets, stays at area
motels, photo prints, paintings, wa-
tercolors, shell art, jewelry, a Span-
ish collectors coin (1536-1773), a por-
celain collectors doll, a 1985 Mercury
4 door car, Hobie Cat with trailer, a
Catalina sailboat with trailer, service
calls from area merchants, fish filets,
a Stetson hat, used rods and reels and
a Panasonic fax machine, plus doz-
ens of other items.
There were some items that brought
lots of laughs, and others high ten-
sion during the bidding. A 50-year-,
old box of Kings Ransom Scotch Whis-
Continued on Page 4
in Crum Case
Defendant Ron Crum Claims
Prejudice; Urges Court to Strike
State's 'Additional Supplemen-
A decision is still lingering in the
Wakulla County court case
against Ronald Fred Crum
charged with net violations. On
February 19th, Crum was on trial
for having a gill net on a vessel
less than 22 feet long, in posses-
sion of an illegal gill net fishing
with a seine net having a mesh
larger than two inches, and hav-
ing two nets tied to together.
After a recess, Crum's attorney,
Ronald Mowrey moved the Judge
for a mistrial, alleging that Assis-
tant State Attorney Jason
Maceluch held a meeting in the
hallway of the courthouse with
state witnesses. Mowrey re-
minded the Judge that witnesses
in a case may not hear other wit-
nesses, and discussing legal defi-
nitions of nets and similar mat-
ters violated the sequestration
rule. Judge Walker did find that
there was a violation but that
problem did not prejudice the
rights of Mr. Crum.
On 21 February, Mr. Maceluch,
Jr. filed his response to Judge
Walker's direction. His document
stated, in part, "Florida Statute
370.092 (2) provides that the act
of hovering, drifting and other
similar activities inconsistent with
the direct, continuous and expe-
ditious transit of such vessels
shall be evidence of the unlawful
use of such nets," He claimed that
the State demonstrated that Mr.
Crum was "Hovering" and as such
".. was in use of those nets."
Ron Mowrey's response on behalf
of his client Ronald Crum by re-
minding the Judge that the
prosecution's second response
was "long after the 24-hour dead-
line and thus, is in violation of this
Court's order for submitting
same, and accordingly, said docu-
ment must be stricken.
Defendant Crum's response also
stated that the assistant State
Attorney Maceluch had improp-
erly attempted to use a statute
dealing with the "hovering" in an
effort to create a presumption to
unrelated charges in the case.
Mowrey pointed out that defen-
dant Crum was not charged with
hovering under any statute or
rule, and the authority cited was
"absolutely irrelevant" to the case.
Finally, Crum's response re-
turned to the violation under the
Rule of Sequestration, calling for
punishment of the assistant state
attorney. "Any additional filings
by the State SAttorney's Office
should be dealt with harshly and
punished by this Court."
The Governor and Cabinet, sitting
as the State Board of Trustees ap-
proved a request to use portions
of Alligator Harbor near St. Teresa
Beach for the cultivation of hard
clams, at their meeting in Tampa
in late February.
The application process to select
qualified applicants for individual
lease parcels within the aquacul-
ture use area was deferred for fur-
ther investigation, Three methods
have been discussed thus far, in-
cluding (1) "First Come, First
Served," (2) Lottery or (3) a bid
process, The Dept. of Agriculture
and Consumer Services, Aquac-
ulture Division, is to develop a
recommendation for the applica-
tion process and bring it before
the Board of Trustees in late
The specific location now ap-
proved includes Section 27,34
and 35, Township 6 South, Range
2 West, in Alligator Harbor, Alli-
gator Harbor Aquatic Preserve,
near St. Teresa Beach. The lease
fees for the proposed leases within
the use area represent a base
annual rental fee of $15.95 per
acre or fraction thereof; and an
annual surcharge of $10 repre-
senting $10 per acre or fraction
thereof, for deposit in the General
Inspection Trust Fund pursuant
to section 597-010, Florida Stat-
utes. Commencing January 1,
2005, the lease fees shall be ad-
justed every five years, based
upon the five-year average change
in the Consumer Price Index.
The proposed aquaculture use
area includes about 75 to 100
acres of state-owned submerged
land along the northern shore of
By Tom Campbell
Ms. Cherry Rankin, President of
the Franklin County Senior
Citizens Center located in
Carrabelle, announced March 5,
2001, that the Board of Directors
of the center appointed a new
executive director, effective
February 22, 2001. The position
was vacated last fall by Ms. Helen
The Board of Directors appointed
Ms. Donna M. Butterfield as Ex-
ecutive Director. Ms. Butterfield
was formerly director of provider
services for Medicaid at the State
of Florida Agency of Health Care
Administration in Tallahassee.
In making the announcement,
Cherry Rankin said, "Ms.
Butterfield brings to Franklin
County a wealth of professional
experience in advocating for and
serving the best interests of the
senior population. Through her
leadership and service, we look
forward to being best able to serve
our senior citizens through pro-
grams tailored to their needs and
Ms. Butterfield is a certified ger-
ontologist through Florida State
University. The feld is the "com-
prehensive study of aging and the
problems of the aged." Much has
been said and written about the
"baby boomer generation" which
is about to enter the zone of geri-
atrics. Many changes will be com-
ing in the next ten years, includ-
Continued on Page 2
Inside This Issue
S 10 Pages
Franklin Briefs .............................................................. 2
Panhandle Players ........................................................... 2
Editorial & Commentary ................................................... 3
Charity Cookoff 5K Run Results And Other Winner Lists 4
Cookoff Photos ..........................................................4, 5
Carrabelle City ...................................... ........... 6
Franklin Bulletin Board ............................................... 6
Government in the Sunshine, Part I .............................. 7
FCAN and Classifieds ............................................... 8
Second Circuit Court Report .......................................... 9
Veterans Honored With Concert ..................................... 10
Quo Warranto Case Hearing Held
By Rene Topping
At 1 p.m. on February 20th a con-
troversy between members of the
Carrabelle Port and Airport Au-
thority, (CPAA) and members of
the Carrabelle City Commission
was brought before Judge
Steinmeyer. After hearing 5 hours
of testimony the judge ordered
Carrabelle City attorney Douglas
Gaidry and CPAA attorney Ann
Cowles to file briefs with him by
March 9, 2001.
Cowles set out the case for the
CPAA that there was a violation
of the Sunshine Law by Raymond
Williams, when he made a motion
to appoint four people to take po-
sitions on the CPAA and from the
motion being seconded by Com-
missioner Frank Mathes and the
unanimous vote took.only 50 sec-
onds. There was no call for dis-
cussion between members of the
commission or the public.
Cowles stated that seemed to
mean that Williams must have
spoken to others prior to the
meeting. She also said that there
was a violation of the enabling leg-
islation for staggering terms' of
candidates for office when the
CPAA was first organized. She
stated that in the past the City
had advertised and solicited for
people who wished to serve.
Gaidry referred to the Quo War-
ranto hearing and said the city
would prove that there were two
seats open, and possibly one more
and that there was no require-
ment under the city charter for
advertising or soliciting from the
public on making appointments
and those people who had been
chosen and seated were legiti-
mate. The City of Carrabelle has
not adopted Roberts Rules.
Raymond Williams was the first
witness called and he said he
made a motion on June 1, 1998,
nominating Donald Wood, Rich-
ard Molsbee, Sid Winchester and
William Massey. Williams stated
that he considered them all quali-
fied to serve. He stated that he
had not spoken to any city com-
missioner ahead of time and he
did not have anyone act as a "go
between." He stated that he knew
all of the persons. He said there
was no public discussion.
He said that Sid Winchester and
Richard Molsbee withdrew and he
had then nominated Freda White
and Ivan Backerman at the next
regular city meeting in July and
they had been accepted. He said
they had been sworn in and ap-
Cowles asked Williams if to his
knowledge the City of Carrabelle
Commission had ever solicited or
advertised and he said "No," He
said that the CPAA secretary Mary
Jane Kitamura had said, as of
June of 2000, there would be four
positions open on the CPAA.
Cowles inquired into why Sid Win-
chester and Richard Molsbee de-
cided against taking the position.
He answered Winchester said he
was too busy with other organi-
zations. on Molsbee he said that
perhaps it was because of wife
Nita, who was at that time a con-
victed felon in a Medicare fraud
case. He said he did not know if
Molsbee was also under investi-
gation at the time.
Gaidry then called Donald Wood,
who related that he had served on
the CPAA and also on the City
Commission. He stated he was
sworn in to both jobs. He said he
was resworn for extension of his
services for another term on the
CPAA. He said it was difficult to
find people to serve. He also stated
at tme present time it is ditticult
because of the controversy sur-
rounding the CPAA.
Cowles asked Wood if he was
resworn in. He responded that he
was resworn some time several
months after the term had ended.
She also asked, "Who under the
enabling legislation has the au-
thority to give the oath of office to
a city nomination?" Wood began
to talk about other things and she
.said, "You are not here for a dia-
logue. Just answer my questions."
Mayor Wilburn Messer was called
and he soon made his position
quite clear as to just how he felt
about the CPAA. When Cowles
inquired if he had talked to any
other commissioner before the
meeting he said," "I could care less
about them. Like I say I don't care
about them. It (CPAA) has always
been a thorn in the city's side. And
I will do everything in my power
to do away with them."
He added that he was going to
write the Governor a letter ask-
ing him to do away with the CPAA.
Messer made a remark to George
Maier who is presently the secre-
tary/treasurer for the CPAA say-
ing, "He called me a son of a
bitch." Cowles turned to the judge
saying. "Please ask the witness to
be responsive only to the ques-
tion." The judge said "Just answer
Cowles said, "You admit to being
hostile to the CPAA?" Messer said,
"Yes, Ma'am, I do." The mayor
added, "I've got a city to run and I
have had a rough one to run."
The mayor then said that his job
was to ask for the motion, then
take the vote. He turned to the
judge and said that he had been
mayor one other time and that he
had gone to "Mayor School" at
He stated firmly they had not
talked to anyone of the commis-
sioners and had not had any other
person discuss his vote.
Gaidry then asked him if he re-
called a subsequent meeting
when Williams appointed two
other people to replace Sid Win-
chester and Richard Molsbee.
Those named appointees were Dr.
Freda White and Dr, Ivan
Backerman. He stated that he had
never to his knowledge violated
the Sunshine Law. He denied that
the speed of the motion, veto and
the fact there was no discussion
in no way indicated that he might
have had conversation with any-
one. The mayor added that there
was no requirement that the
mayor open it up for discussion
between the motion and the vote.
Barry Wood, a previous member
of the CPAA, was the next to be
called. Gaidry asked if Woods was
on the board just prior to July 14,
1998 and was he appointed by the
commission for an additional
term. He said that he was but was
not resworn in. He resigned from
Cowles on recross examination
stated that there had been a
timeline from the records of the
CPAA, showed that Woods took
over from Joe Butler and filled out
the unexpired time of Butler's
term. She said he was reap-
pointed for another four years.
Woods said that he could not un-
derstand the timeline document
and Cowles allowed him to step
down but reserved the right to call
City Commissioner Rita Preston
was the next one called, She said
Continued on Page 6
Pa oo 7.0 March 2001
A LOCALLY OWNED NEWSPAPER
The Franklin Chronicle
March 6, 2001
By Sue Riddle Cronkite
Bill Mahan, Director
Mahan told about publications for
sale: Florida Guide to Shrubs and
Florida Guide to Bedding Plants, and
Common Florida Mushrooms. He said
money is to be made in marine orna-
mentals for the aquarium trade, in-
cluding ornamental shrimp and
clams. In his report on attending the
ISSC's Vibrio vulnificus Education.
Subcommittee meeting at Stennis
Space Center in Mississippi. Mahan
said topics discussed inc uded avail-
able funding, prioritizing the
committee's goals, establishing an
education program and completing a
draft of a Consumer Knowledge/Be-
havi6r Survey to be used to establish
the baseline knowledge of at-risk oys-
ters in the core states about eating.
Putnal said there are many bad re-
ports about eating oysters, but. there
is a lot of good in eating oysters and
that education will help. Mahan said
grant money will be used to hire a
professional writer to educate people
about eating oysters as a nutritious
and healthy food. Chairman Creamer
said it has been requested by seafood
dealers and workers that he and
Sanders attend annual meeting in
July this year. Board approved.
Link McWhinnie, Finance
Commissioners approved two law en-
forcement grants. Link McWhinnie
said the victim advocate grant in its
third year, with Clarice Gross, on call
24 hours a day, requires a 20 percent
match which will be in the sheriffs
office budget. The other is art equip-
ment grant which will be used to put
cameras in vehicles. McWhinnie said
the S30.000 grant pays Gross's sal-
ary and that the Sheriffs Office plans
to pay her benefits. She works closely
with officers and Refuge House, states
attorneys and other agencies. Gross
said she sees from 100 to 200 people
Van Johnson, Director
Putnal said he had reports of prob-
lems with dogs, that a woman was
jogging along C-30 and some people
picked her up after she was chased
by a dog. Johnson said about seven
citations have been issued and one is
going to court. In a discussion on dogs
on the beach, Putnal said Beth
Millender was chased into the water
by a dog which broke from a leash.
DOG ISLAND VOLUNTEER
Becker Boatenreiter '
Boatenreiter said he was asking for
money and for help with an account-
ing problem where Department of
Conservation District figures didn't
agree with his department's. "Money
is a problem," he said. "And we're not
accessible, we can't hardly hold Some-
thing like St. George Island's chili
cookoff." Boatenreiter asked that $100
a month be assessed households on
Butterfield from Page 1
ing the increasing numbers of
senior citizens in the nation, and
in Franklin County.
Ms. biBr.t-erfield has also been di-
rector of two r-_sident;al facilities
for the elderly in Taiahlassee.
"There are over 1,500 senior citi-
zens in Franklin County," said
Ms. Butterfield. "I hope to meet
each one, learn their names, and
be of service."
Ms. Butterfield lives on St George
Island and is married to Jerry
Buiterfield. a 5th Grade teacher
at Brown Elementary School in
Eastpoint. They have fie grown
From 1994 to 1997. Ms.
Butterfield was Medical and
Health Care Prro,'ran Anralvst in
the Dision of State Health Pur-
chasing. Agency for Health Care
Administration. The job required
her to "plan,, diev'"p and imple-
ment .rr:,,rainas and p':-hcees to
provide medially mnecessar and
apprpiate heath care benefits to
state employees, ,'Iftr,'., and re-
tirees through the purchase of
services from qualified proiders'"
In that job, she also had to pre-
pare pronider manuals and ad-
ministrative rules, coordinate
implementation of program poli-
cies and procedures, and analyze
proposed state and federal legis-
lation, rules, re-erulaji r:a.s and
guidelines to determine their im-
pact on IT-et sr- 'e- c-,ri:.B e he aliu
Dog Island to help fund the volunteer
fire department. "We only get $3.000
a year when we get it." said
Boatenreiter. "and it takes about 11
to 12 thousand a year to run this fire
department." In a discussion it was
agreed that an audit would cost more
than the discrepancy. The board voted
to ask Al Shuler to write a letter ask-
ing for cooperation.
Alan Pierce, Director
Pierce presented the board with a let-
ter he wrote to Brian Estock. DOT
on-site representative for the St.
George Bridge project, stating the
board has not directed Eastpoint
Sewer and Water District to relocate
their utilities at their expense to sat-
isfy conditions of a state permit. 'The
plans submitted to the county on
stormwater improvements they will be
doing, do not reflect the extent that
Eastpoint infrastructure will be im-
pacted," said Pierce, Marc Kelly, Jeff
Toussant, and other DOT represen-
tatives were asked to attend the meet-
ing. Eastpoint said Eastpoint cannot
afford the expense of relocating lines.
Residents have complained about
standing water and other problems.
George Allen, Eastpoint Water and
Sewer District said during last three
weeks have been trying to locate lines;
and to determine what conflicts they
have with DOT design. "'We're finding
conflicts on a daily basis," said Allen.
"In order for us to address the impact
of this proposal we would need a com-
plete engineering review of our sys-
tem." In a discussion on handling ex-
cess water, Creamer said be didn't feel
the board was told the whole story
about what was to be done. Mosconis
said Eastpoint does not have any
money to spend on what they are be-
ing asked to do. "They've got zero
money, they've got a moratorium, they
can't have any new customers, can't
have any growth," said Mosconis.
"They're between a rock and a hard
place. This eighty-million dollar job
cannot put that burden on a little ru-
ral water and sewer district. "This is
a state job," said Mosconis. "It's not a
countyjob. Eastpoint doesn't have the
money, and we don't either." Putnal
asked that Pierce show them the es-
cape road and Millender subdivision.
Toussant said from the center of the
existing bridge, that point cast is
called outstanding Florida waterways,
News From The
By Liz Sisung
On March 27 and 28 at 7:00 p.m.
at the Dixie Theatre, Apalachicola,
the Panhandle Players will con-
duct a talent search for vocalists
who would like to participate in
upcoming Panhandle Players
musical productions next fall or
All ages are welcome, and you
may bring your own tape, CD, or
instrument such as a guitar ap-
propriate to your presentation.
Thosewhohave no pariucul'ar pre-
sentation will be asked to sing a
simple well-known ,song- such as
"America The Beautiful."
Panhandle Players is a commu-
nity-based theatre group, and
eager to provide opportunity and
experience to any and all who
would like to participate. If you
are interested in singing, we are
interested in you!! We want to be
supportive and develop local tal-
ent, so don't be afraid to try sing-
ing, even if you have never sung
in public before. For further in-
formation or help, call Tom
Adams at 927-2870 or Liz Sisung
As a further incentive to support
local theatre, the Panhandle Play-
ers and the Dixie Theatre will co-
present the musical, "Kiss Me
Kate," performed by the local
Wakulla Community Theatre
Group on Saturday, April 7,2001
at 8:00 p.m. at the Dixie Theatre
in Apalachicola. We ask all of our
supporters to attend this perfor-
mance. If arrangements can be
made, an additional performance
will be given on Sunday after-
noon, April 8 at 2:30 p.m. Call the
Dixie Theatre at 653-3200 for fur-
ther information on this perfor-
and "we're not allowed to drain any-
thing in that direction." Toussant said
they would like to go back to DOT for
relief. Putnal suggested putting debris
on breakwater in Eastpoint.to build it
up. Toussant said under the present
permit the bulk of the material from
the bridge demolition is to go to shore
up the causeway. Kelly said they
would look into that. The board voted
to send a letter to DEP.
Susan Ficklen, Administrator
Ficklen brought representatives of
Emergystat, an ambulance service
interested in running the Franklin
County Emergency Medical Service.
Mike Lake had stated that DasSee
Community Healthcare would prefer
to run hospital, instead of manage am-
bulance systems, said Ficklen
Emergystat's Dave Robertson said his
company would need the $5,000
which the county presently donates
to the ambulance service and that
DasSee would match that money. He
said the present employees would re-
main, that only the name on the am-
bulance would change, that his com-
pany benefits from bulk purchases by
Operation of several ambulance ser-
vices in Alabama and Mississippi.
Sanders asked Ficklen about the hos-
pital. "We can't tell much in six days,"
said Ficklen, "but we have eight pa-
tients on the floor today, money is
coming in to pay the bills, we're hav-
ing to pay old bills. She asked about
the appointment of members of the'
commission advisory board and sev-
eral said they have their names ready,'
but no action was taken.
Pierce announced that a representa-
tive of Rep. Allen Boyd's office and
related Corps of Engineers personnel
are to visit the silting at Sike's Cut.
Without federal assistance the Corps
says the Cut will not be dredged this
fiscal year, because maintenance
dredging of the Cut was not budgeted.
"Rep. Boyd ison the house appropria-
tions committee and he hopes to be
able to find some funds somewhere,"
The board approved building a walk-.
ing path at the Tillie Miller Park in
Carrabelle, The path across the street
from the Franklin County Senior Citi-
zens Center, will be built with a
$10,000 grant from the county Health
Department to pay for the asphalt with
the county providing the base mate-
rial. The path will be about 1/4 mile-
long and will be similar to the one in
Eastpoint and at Ned Porter Park west
of Apalachicola. The difference, said
Pierce, is that the path will be done
on Carrabelle Cit' property. "I have
spoken to Commissioner Sanders
about this site," said Pierce. "and the
Carrabelle City Commission has re-
quested this site be used."
Approval was given to a resolution
authorizing that the county building
official not turn on permanent power
to a structure unless it has the proper
911 address displayed visible from the
street. 'This was requested by Florida
.power and the building official," said
Sanders asked about
getting tanks off piece of property in
Lanark Village. "If board has no prob
lem, I'll be getting with Hubert, Van,'
Maybe Alan to see about getting the
tanks off," she said. The board ap-
Sproved letters be sent to the Game and
Fish Commission, Woody Miley and
DEP about going through proper
channels on hunting rules.
Commissioner Williams asked that he
be allowed to give $400 from his rec-
reation fund to 15-year-old Brittney
Simmons to represent the Apalachi-
cola and Franklin County in Louis-
ville, KY, as a member of the state-
wide Florida PRIDE team. The school
is giving $100, Williams said. The
Florida PRIDE is a part of Ameiica's
PRIDE, an international drug preven-
tion program for high school youth,
..'Through a team structure, America's
PRIDE encourages students to reach
South to their friends, younger students
Sand the community with an assertive
drug-free massage," said Williams.
The organization pays a portion of the
cost, but each team member is re-
sponsible for the balance. Creamer
asked if she had considered fund rais-
ers. "We have kids going to all kinds
of things that they have to 'finance
themselves, They have car washes,"
he said. The action passed with Chair-
Sman Creamer opposing.
Driving on the beach was discussed,
with Shuler telling the board that the.
county ordinance makes two layers of
regulation where the state regulates
the beaches. "We can't do anything
* that the state prohibits," said Shuler,
"But if they do regulate Carrabelle
beach, the way I've drawn the ordi-
nance, driving on the beach is pro-
hibited." Putnal said he just wanted
to be sure that "we're not turning
people loose to drive on the beach.''
News From The
Apalachicola Health Care Center
150 Tenth Street
The Apalachicola Health Center has had a busy February. There was
a Valentine Party with Mernda McMillhn w.as the Queen. Willie Wil-
son was King. We had a Resident Birthdav Party with a clown, and a
family luncheon. Special Occasions Florist provided the flowers. We
would like to thank everyone who contributed their services. The
Apalachicola Health Care residents would like to invite Franklin
County residents to come and visit.
Linda Lyle and Pam Collins
FISHER IMAN'S CHOICE
F ..'. 98 Eastpc.it FVL ._' (2;28 ) -
Crickets j/' ..
Specializing in Live Shrimp -* '---U: :.. "FF-',C'., .
Hours: Mon. Sat. 6 6 ~I, -,/ 6 a.mr 9:30 amrn./ p.m. 5 p.n.
QUALITY WORK JOHN'S REASONABLE RATES
of Franklin Coun ty, Inc.
Remodeling & Custom Homes
"Roofing & Repairs
RI:..:F'.-r2-:, -,-..L 16 6St. James Avenue CARRA BELLE
P.O. Drawer JJ Carrabelle 32322
WEEMS MEMORIAL HOSPITAL
R.N.'s Lab Supervisor Lab Tes R.T.'s
E.AMS. Personnel Admissions Clerks
For iriformt n iotin. to obtain an apFpicrai~ :r to set up an
interview contact Mickey hMar- Human Resources
(850) 653-885, ex 107
Solid Ground Rules Sought
By Sue Riddle Cronkite
Environmentally sensitive lands, or
wetlands, were the subject. at a meet-
ing which packed the Franklin County
Commission meeting room Monday,
March 6, at 1 p.m. The standard 50
ft. setback specified by the state was
not considered a problem for most of
the county, as long as the right to is-
sue variances was retained. At issue
was a 237-acre site in St. James where
a setback of 25 ft. has been argued.
The Commission voted to delay action
on adopting the state language on the
wetlands rule and the right to issue
variances in order for the proposed
amendments to the County Compre-
hensive Development Plan be adver-
tised. After advertising, both measures
are to be discussed and acted upon
at the first meeting of the Commis-
sion In April.
As explained by Alan Pierce, adoption
of the state's definition of wetlands
should also have "a window to balance
It by saying we either are going to rec-
ognize the board of adjustment has
the right and the authority to grant
variances to setbacks because we
don't quite know what the rule will
mean in every case, or we will recog-
nize that on large scale developments.
the board of county commissioners
are going to look at the individual ef-
After discussion it 'was decided that
the 50 ft. setback rule would be ad-
hered to, "except, if the development
is a Development of Regional Impact
(DRI) or Planned ,UnitDevelopment .
(PUI),' The language in the Compre-
hensive Plan would reflect that vari-
ances could be issued for existing de-
Dan Garlick suggested that,
sub-divisions of the future not be cre-
ated that have lots that require vari-
ances. "Delineate the wetlands line
first, then you won't run into prob-
lems. Variances tend to address a
hardship in old lots, when you change
the Comprehensive Plan, grant vari-
ances on old ones, but not on new
Garlick explained how ditches and
canals connected to main water bod-
ies are Department of Environmental
Protection (DEP) regulated wetlands,
"If there are.no connections, it's iso-
lated, not wetlands. It's been that way
To questions' from commissioners
Jimmy Mosconis and Bevin Putnal,
Garlick explained that Isolated wet-
lands could be developed. "Could you
fill it in?" asked Putnal.
"It requires a permit from the county,"
said Garlick. "There's legally nothing
wrong with it.
Bill Hartley, president of River Keep-
ers, said he is behind the idea of hav-
ing a loophole, but recommends keep-
ing "at least a 50 ft. buffer."
To comply with the state rule Franklin
County's Comprehensive Plan Policy
3.1 of the Future Land Use Element
Goals, Objectives and Policies would
be amended to read, Development of
environmentally sensitive lands is-pro-
hibited. Environmentally sensitive
land is, defined as wetlands and all
land within 50 feet landward of wet-
lands. Wetlands are defined in Chap-
ter 373.019 (22), Florida Statutes and
Chapter 62. UO, Florida Administra-
tive Code. In the absence of wetlands,
the landward extent shall be deter-
mined by approximate ordinary high
water or approximate mean high
The county would amend the rules on
variances to give themselves, through
the Planning and Zoning Board, the
right 'to issue variances in hardship
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Thsp Franiklin Chronicle
A LOCALLY OWNED NEWSPAPER
9 March 2001 Pano 3
. Ir-a--- ---- -- -.---- -- -'- V -
EDITORIAL AND COMMENTARY
"A Boondoggle For Barges" Label
Given to ACF River Navigation
Apalachicola-Chattahoochee-Flint River Navigation Costs Over
$100 Million --
By Tom Campbell
Publisher's Note: While it nmay be fashionable to criticize the
Army Corps of Engineers in this dredging issue, the chief thrust
of decision-making in the dredging issue is in the Congress, not
the Army Corps of Engineers. The Congress is the oversight au-
thority for all Army Corps of Engineer activities in the domestic
United States, and the Congress has the ultimate responsibility
for what the Corps does along the U. S. dorhestic river systems.
By statute, the Congress provides direction to the Army Corps of
Engineers and, indeed, among their numbers are some who would
also like to discontinue dredging. But they, like all others in the
federal bureaucracy, have to respond to the "squeaky wheels"
heard from state legislators who are pressured by various com-
mercial lobbies and interests that want to see the channels main-
tained. In this respect, the Issue is somewhat similar to
base-closings initiated by the Peritagon, another whipping boy.
For years, the Pentag6t entities have generated several "wish lists"
of proposed base closings orily to have those lists ignored by the
Congress, who respond in kind to their constituents that do not
want their bases closed. Elevating these issues to the public
marketplace available to-all may provide the best forum to dis-
cuss and determine, the issues.
A research document called "GreeniScissors" has been published by
Friends of the Earth, Taxpayers for Common Sense, a U.S. Public
Interest Research Group. The document is called "Cutting Wasteful
and Environmentally Harmful Spending."
It labels as "A Boondoggle For Barges" the Apalachicola-
Chattahoochee-Flint River Navigation, and states that $100 million
over the next five years will be spent on this "navigation system."
The idea of cutting "wasteful and environmentally harmful spending"
is an extraordinarily good perception.
Consider that the Apalachicola-Chattahoochee- Flint IACF) River Sys-
tem through Florida. Alabama and Georgia is a small part of the in-
land waterway system used by ships and barges that is operated and
maintained by the U.S. Army Corps of Engineers (Corps).
According to the research document, "Although the ACF River Sys-
tem is virtually unused, federal taxpayers spend nearly $20 mil-
lion each year to maintain it."
The Corps proposes to spend an additional 846 million on structural
solutions to reduce the impacts of dumping dredge spoils in the river's
side channels. Add to that another 89.4 million annually for the op-
eration and maintenance of the river system.
The "Green Scissors' Proposal is to "Decommission this underusedc
navigation system (the monster). saving taxpayers an estimated $20
million annually or $ 100 million over the next five years."
In the year 2000, Senator Bob Graham (D-FL) and Rep. Bob Barr
(R-GA) investigated options to close the ACF to commercial naviga-
tion but faced stiff resistance "from other legislators from Alabama
and Georgia." Those legislators from Alabama and Georgia wanted to
keep the dredging alive for various political reasons.
Navigation proponerits played up "unsubstantial fears that ending
navigation on the ACF would also reduce the total water available for
municipal and agricultural water supply in the region." This is a sen-
sitive issue in the midst of a "tri-state fight over water consumption
on the'ACF" It Is also political ftiel that some politicians can use for
their own personal advantages.
Project Hurts Taxpayers
It is important to note that this "virtually unused navigation
system is a drain on the federal Treasury," according to the re-
Federal taxpayers spend nearly 820 million annually to maintain the
ACF River System, despite the fact that. ort average, fewer than two
barges use the system each day. and less than half of those barges
use the Apalachicola River alone.
In letters to Sen. Graham of Florida and Rep. Barr of Georgia in Au-
gust, 2000, Assistant Secretary of the Army Joseph Westphal stated,
"Based upon our review and conversations with the Corps, I believe
that maintaining navigation on the ACF is not economically justified
or environmentally defensible."
j L O,,o POST OFFICE BOX 590
c-- EASTPOINT, FLORIDA 32328
o n 8 -50385-4003 (TALLAHASSEE)
THE FRANKLIN COUNTY CHRONICLE NC.
THE FRANKLfN COUNTY CHRONICLE. INC.
Vol. 10, No. 5
Project Hurts the Environment
Disposal of dredge material resulting from the maintenance of the
ACF River system has already smothered one-quarter of the
Apalachicola's banks with mountains of sand, according to the docu-
State and federal wildlife agencies have raised concerns over the loss
of preferred habitats for federally protected fish and shellfish.
The Apalachicola floodplain is a biological factory fueling Apalachi-
cola Bay. This Bay is "one of the cleanest remaining estuaries in
the Southeastern United States."
The Corps ought to be concerned about keeping Apalachicola Bay
clean, so that many more millions of dollars will not have to be spent
later on in order to try to clean up the mess that has been made.
Consider the example of the marshes in southern Florida.
Apalachicola Bay is home to 15 percent of America's annual oyster
harvest" and home to "90 percent of Florida's annual oyster harvest."
Already there is a decline in gamefish populations near the dredge
material disposal sites along the river. Some estimates say "a decline
of 50 percent to 75 percent in gamefish populations" is evident near
the dredge material disposal sites.
Frankly Speialng In Franklin County
Carrabelle's City Clerk, Beckey Jackson, is pleading to all of the citi-
zens who really want to have sewer and get the installation at no cost,
to please heed her last letter. Under the program all of the pipes to
put your home on the system will be paid for and installed as part of
the program. It is a once in a lifetime kind of opportunity.
The alternative is that if you do not get your letter between now and
mid-April in to Beckey you will have a sewer line running by your
home and you will have to go on but then it will cost you to install the
piping into your house.
Some of you are saying that you don't think you ought to have to pay
$5.00 for a notary. Well, if this your hold up, see Ruby Litton at Car-
rabelle Realty or Freda.White at Bayside Realty. Both of these ladies
have already volunteered their services, and I am sure other notaries
will do likewise.
I know some of you fear signing a document but there is no plot to
take away anyone's property. The easement is for city or contractual
workers to be able to go on your property to install the necessary
The vacuum pits have been another stumbling block for some citi-
zens. I have been, assured by Beckey that they will be underground
and will not be an eyesore.
Now we come to the hard part for you. If you don't sign, YOU will miss
out on the "no cost" provision. Unfortunately, if the sewer pipes run
by your house, you will find yourself in the difficult position of having
to go on the sewer and wind up paying the cost, which might be $500
There has been unease about the wording of the letters. But no-one
is trying to take away your property.
At this moment.ther'e are 480 letters out and she has received 253
signed. So to make up 2/3 of the 480 she needs 157'more people to
sign in order to ensure adequate funds. Please don't wait too long.
If you have mislaid or thrown away the last letter that was sent to
you, do not worry. Beckey says she will copy you off a new one.
Please remember that this project is also to help save pollution of our
river and sound. This is of real interest to every citizen but especially
those amongst us who rely on the waters to provide a living.
In the next few weeks you will be receiving calls from one of the three
members of the staff at city hall. Please listen carefully to their plea.
You have everything to gain.
In the.last issue, certain names were misspelled.
The correct names are:
(1) Ed Tiley was the auctioneer at the Bbw Wow Ball. He is also
the owner of DATA TRAIN DESIGN, Apalachicola. FL 32320.
(2) Jayne Bamberg is one of the Directors of the Chili Cookoff.
employed by Century 21 Collins Realty of St. George Island.
(3) Gayle C. Dodds is President of the Franklin County Humane
Society, P.O. Box 417, Eastpoint. FL 32328.
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March 9. 2001
--- -- ci"
(From left) Volunteer St. George Fire Department Chief,
Jay Abbott, new owner of the older fire house at auction,
Steve Keasler and President of the Cookoff, Harry Arnold.
Mr. Keasler had the highest bid for the structure and is
from Cleveland, Tennessee, where he has been a 25-year
veteran of a volunteer fire department there.
From The First Baptist Church Of
St. George Island
"A Troubled Man"
A troubled man went to his spiritual advisor. "I'm a failure," said the
man. "More than half of the time I do not succeed in doing what I
know that I must."
"Oh," said the pastor. "Please give me some guidance," pleaded the
After much pondering, the pastor said, "Go look on page 930 of the
New York Times Almanac for the year 1970. Maybe there you will find
peace." So the man followed the instruction.
At the library, however, he was even more confused. At the desig-
nated page he found it contained the lifetime batting averages for the
world's greatest baseball players. Ty Cobb, the greatest slugger of
them all, had a lifetime average of .367. Even the great Babe Ruth did
not do as well.
Returning to the pastor, the man said, Ty Cobb, .367. "That's it?"
"Correct," was the response. Continuing, the pastor said, "Ty Cobb
had a lifetime batting average of .367. He didn't even hit.5001 In fact,
he made an out, two out of every three times at the plate."
Persistence, in faith, is the key to spiritual growth. Yes, we fail. Yes,
we fall short. But persistence in our faith is what brings the victories.
As the song says, 'Trust and obey for there is no other way" to find
the abundance of life, peace, that is ours in Christ.
Mike Whaley, Pastor (850-927-2257)
I've learned that...
-you can do something in an instant that will give you a heartache
-you can keep going long after you can't
-either you control your attitude or it controls you.
-money is a lousy way of keeping score
-no matter'howvgood a friend is, they are going to hurt you and we
-credentials on the wall, or claimed, do not make a decent human
Contributed by Ruth Guernsey
The Hymn Masters
On Sunday, March 25th, the southern gospel quartet, "The Hymn
Masters," will be singing and sharing their testimonies in the 11:00
a.m. service. They have been ministering and praising God, for
thirty years, in Florida, Georgia, Alabama, and Tennessee.
You will want to be a part of this special praise and worship ser-
vice. Invite a friend to share in this time together.
"Antiques and old toys cheerfully
bought atnd sold."
f* ee CTesf Lree
L J & ACCESSORIES
79 MARKET STREET APALACHICOLA, FL 32320
STORE (850) 653-2084
WESLEY & ANN CHESNUT
HOME (850) 653-8564
Publisher ........ ........................ .......... Tom W Hoffer
Contributors Tom Campbell
............ Sue Cronkite
: ..:..:... Eunice Hartmann
S.... Barbara Revell
S, .. .... Rene Topping
... Liz Sisung
Sales ....... ....- :.. : . ... ..:...... ....Tom W Hoffer
........... -Diane Beauvais Dyal
and Production Artsl ...... .......... .. Diane Beauvais Dyal
Production Associate............... ....And Dyal
Director of Circalation .. .... ........ And> Dyal
Proofreader ..., T ." "-:.... Toir Caimpbell
Citizen's Advisory Group
Rand Edelsein .. ........................... .Alligator Point
George Chapel Apalachicola
Karen Cox-Dennis .. Apalachicola
Rene Topping Carrabelle
'Pam L ce ........... .... .. ..... Carrabelle
David Butler ....... ......... . .. ........ ... Carrabelle
Elizabeth and-Jim Sisung .:..............:. Eastpoinl -
Bedford and Eugama WatRins.. ....'. ..... Eastpoint
George Thompson Eastpoiint
Pat Morrison St. George Island
Dominic and Vilma Baragoia .... ..St. George Island
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 exarfiple a 10 page issue would
cost $2.00 postpaid. Please write directly to the Chronicle
for price quotes if you seek several different or similar
issues. 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 2001
Tractor Work Foundation Pilings
* Aerobic Sewage Treatment Systems Commercial Construction
Marine Construction Utility Work-Public &
Septics Coastal Hauling Private
Apalachicola Antique & Classic
Boat Show April 28th, 2001
Apalachicola is staging its annual Antique & Classic
Boat Show April 28, 2001. If you have an antique boat
built prior to 1970, or a classic example of a traditional
vessel and are interested in showing it, please contact
the Apalachicola Bay Chamber at (850) 653-9419 or by e-
mail at firstname.lastname@example.org.
Entries must be either a classic example of a traditional
craft or built prior to 1970, sail or power. Entry fee is
$15.00. All entries will receive a plaque for participating.
Page 4 9 March 2001
A LOCALLY OWNED NEWSPAPER
The Franklin Chronicle
A B C D C 0 E I F
STim U M 41 17:10 Male Overall Winner ITallahassee
2 Bill McGuire IM 53 17:18 1st ales, 50-54 Tallahassee
3 Mike Labossiere iM 134 17:28 1st, males, 30-34 ITallahasse e
4 Sarah Docter-Williams ;F 38 17:31 iFemae Overall Winner Tallahassee
5 Slade Ward :M 137 17:35 ;1st males, 35-39 Tallahassee
15 Stephen Taul
C lJane .lnhnson
17 Arison Eagen F :21 19:13
18 Hobson Fulmer IM 45l_. .19:16
19 JerrvMy Mc niel TM 7 1 19:1
Tny Gu!ien .
30 Jeff Bowman M 39
31 Rusty Cooper M 29
32 RickAsadourian M 41
33 Hal Fravel M 20
34 Richard Parsons M 36
35 Joe Edgecombe M 51
36 GeorgePett M 33
37 Gary Cto M 45
38 Joe Dexter M 55
3 HendrikSelent M 17
40 JeffKuperborg M 40
41 Rolando Raminz M 40
Bob Prentiss M
Kiwi Voice M
Amy Cobum F
Sue Hensley F
Clint Watkins M
Seeley Lovett F
Lou Alaksin M
Mike Sims M
Brian Deffenbauah IM
A B Cl D
Jim Tully M 54
Mitch DeLong M 32
BrentJohnson M 41
Bill Heck M 677
Ann Bowman F 32
Steven Baciewski M 43
Nanc WA;riaenPr F SI
63 Lonnie Avra
4 Nathan Kenney
65 Neal Walker
-Fa -,:- LO *
72 Frank F!ynn..
74 Calvin Vannoy
1st, males. 10-14
ist, females, 40-44
1st, females, 20-24
1st SGI Resident
2nd, males, 45-49
52 20:12 2nd, m.al 5-
1st. males, 55-69
1st. males, 15-19
Ann Arbor. MI
St. George island
21:57 St. Simons. GA
21:58 ilst, females. 15-19 Tallahassee
21:58 lst, females. 35-39 Tallahassee
21:59 2nd, males, 55-59 Tallahassee
22:03 2nd. females, 20-24 Tallahassee
22:08 1st, males, 60-64 New Galilee, PA
M 10 23:28
M, '3", 23:27
1st, males. 70-74 iSt. George Island
2nd. females. 40-44 'Tallahassee
2nd. males. 10-14 jTailahassee
3rd, males, 0-14 Tallahassee
r ,, ,.-,,='- Q.RA ,.f.i.-..
David Famsworth M 50_ 24:18:00
Michael Charles M 24 24:900
77 Eddie Shirey M
2nd. females. 45-49
83 Lisa hunger
84 Meaghan Scott
a Bart ummitz
F 33 24:40:00 2nd, females, 30-34
14 24:44:00 1st, females. 10-14
U 88 24:45:00 2nd. males. 65-89
88 Ann Guillen F 32 24:46:00 3rd, females, 30-34
87 Mark Delegal M 33 24:53:00
88 Peter Bono M 45 25:01:00
89 Mark Carrell M 40 25:03:00
90 Shelley Mearas F 29 25:05:00 1st. females. 25-29
91 JohnDaniels M 15 25:07:00 2nd,.males. 15-19
92 Mike Betzner M 50 25:08:00
93 Jason Corbett M 23 25:09:00
94 Bil Longo M 46 25:12:00
95 Don Hansard M 64 25:15:00 2nd, males, 60-64
96 Matt Phillips M 33 25:18:00
97 Hap Greag M 47 25:52:00
98 Beth Alexander F 38 25:56:00 2nd. females, 35-39
99 Ann VanMeter F 48 25:57:00
100 Richard Addison M 47 26:01:00
Among the St. George Island Regional
Chili Cookoff winners were the follow-
ing: 1st Place: Diane Malancan
(Double D Chili): 2nd Place: Ray
Frederick (Tiger Bite Chili); 3rd Place:
Kojak Melancon (Cajun Chilio's): 4th
Place: Wes Carlson (Black Coyote
Chili) 5th Place: Kenny Burke (Dead
Serious Chili I).
Various chili booths were also judged
on Showmanship activity at each
booth. Winners were: 1st Place: Old
Goats Chili; 2nd Place: Atlanta Par-
rot Head Club; 3rd Place: F-14 After-
The Most Creative Booths were as fol-
lows; ist Place: Dead Serious I and I,
Sa tie; 2nd Place: Texas Outhouse Chili;
3rd Place: Tallahassee Parrot Head
Club and Boat Paddle Chili (a tie).
Those booths that raised the most
money for the Cookoff, further enrich-
ing the treasury for the all volunteer
St. George Fire Department and First
Responders were: 1st Place: Sunshine
Painting raising $1824, winning for
the second year in a row: 2nd Place:
St. George Inn ($1,348); 3rd Place:
Atlanta Parrot Head ($991.00)
Miss Chili Pepper winners were Chris
Glover (ATPC), Heather Friedman
(SGIPHC), Sharon Pittman (TPHC) and
Ann Gotheb (ATPHC).
Mr. Hot Sauce winners were: Mikey
(ATPHC), Kellan (Waterdog Chili) and
Chuck (Boat Paddle Chili).
The amateur chili competition, called
"Crock Pot Chili" winners were: 1st
Place: Jenny and Terry Wuebker
(Edina, Minnesota); 2nd Place: Peggy
Higgins (Tallahassee, FL): 3rd Place:
Shirley Sorenson (Howell, Michigan)
Ann Arbor. Ml
First Place Winners In All Categories
D:"E I", f... 31-39 Tallahassee
A B C D E F
101 Lynda Pfundstein F 5 26:12:00 females 35-39 Tallahssee
102 Robert McNeal M 539I 26:12:00 Tallahassee
103 Alan Miller M" 1 26:40:00 Tallahassee
104 Alycia Syck IF 20 26:40:00 3rd. females. 20-24 Tallahassee
108 Seth Pascarella M 23 26:48:00 Tallahassee
106 Lor Willner F 42 26:50:00 3rd, females.40-44 Tallahassee
107 Mark Taul M 45 26:53:00 Tallahassee
10To1 T y Temples F 41 26:58:00 Tallahassee
109 Shaun Donahoe M 7 26:58:00 Apalachicole
110 Kristle DeLong F 31 27:03:00 Crawfordville
111 Pamela Nelson F 38 27:03:00 Tallahassee
112 Joe Plescia M 72 27:11:00 2nd. males. 70-74 Tallahassee
113 Carol Rhodes F 52 27:13:00 3rd. females. 50-54 Tallahassoe
114 Shomden McCloud M 48 27:16:00 Bu. Bnswick, GA
115 Jena Brooks F 42 27:20:00 Tallahassee
116 Eric Johnston M 43 27:20:00 T Crawfordvlle
117 Robertl MMialan M 85 27:21:00 3rd, males,65-890 Hunstville, AL
118 Jaclde McDaniel F 46 27:29:00 Tallahassee
11 Gerry Rose M 59 27:32:00 Tallahassee
120 Alan Pierce M 45 -27:42:00 Apalachicola
121 Ray Sholar M 38 27:43100 Por St. Joe
122 John Shelby M 47 27:47:00 St. George Island
123 Dana Brown M 29 27;52:00 Tallahassee ..
124 Christie Koontz F 51 27:59:00 Tallahassee
125 Gan Griffin M 51 27:59:00 Tallahassee ...
T12 Susan Brooks F 40 28:02:00 Tallahassee
127 Jennifer Mock F 23 28:07:00 Tallahassee
128 David Baczewski M 10 28:14:00 _____ Tallahassee
129 Melissa Zapata F 21 28:16:00 Tallahassee
130 Art Wad M 67 28:34:00 Tallahassee
131 Shelley Fletcher F 24 28:39:00
132 Don Gunther M 58 28:40:00 Signal Mt TN
133 Jenie Johansen F 48 28:49:00 Tallahassee
134 Juliet Stack~ny F 47 29:07:00 Tallahassee
138 Chasa Brownk M 11 29.10.00 Tallahassee
136 Peg Griffin F .45 2 11 00 I Tallnaassee
137 Alfred Bean M 145; 2911.00 Tallanssee
138 Nadine Dexter F 41 2 300500 rallanasee
139 Dawn Brown jF 52 300900 I ITaliihassie
140 Michelle Factor .F 34 30 1500 ITallina ~se
141 Sandy Berg F- 39 301800 IGe.nssvlie
142 Gary Bulecza M 48 30 28 00 ITfiiahaiire-
143 Dick Henske iM 65 30r8 00 iMan.i.n,jl Waters W'
144 Mike Carpenter IM 60 30 4200 3r males 60-6r IS1 George Ildana
145 Jane Webb IF 59 304400 l4 -mrles 55.59 ISI George isla
146 Sarah Baczewski 14 305700 2.id lemas 10-14 Tallanasee
147 Kay Holland, f a 1 31 1400 2. d femaes 55-59 Tillararseet
148 Jay Fischer M 7 3'1 3200 Si CGeorpe Iyard
149 Marel Henske F 59 31 :,r 00 .3rd emalas 55-59 Mai1,i..sr WdVaier WI
150 Linda Gunther IF" 54- 31 3600 IS.Irnal M TN
Red Pepper 5K
Run at Charity
Chili Cookoff Has
179 Finishers: A
Under the direction of Nick and
Barbara Yonclas, St. George Is-
land, the 2001 Cookoff Red Pep-
per 5K Run had a record 179 fin-
ishers, with the Overall Male Win-
ner, Tim Unger, of Tallahassee.
His time was 17 minutes, 10 sec-
onds (17:10). The Overall Female
winner was Sarah Williams of
Tallahassee with' 17:31, The first
St. George Island Finisher was
Hobson Fullmer, 19:36.
The complete results are pub-
lished below, compiled by Barbara
and Nick Yonclas and their assis-
tants. Names are listed in column
A, sex in column B, age in col-
umn C, times in column D, entry
category in column E, and city of
residence in column F. There were
a scattering of states represented
with the vast majority from Talla-
In column E, Bill McGuire was
second with 17:18. taking first
place among males age 50-54.
There were five age ranges in the
The tables were constructed by
Nick and Barbara Yonclas.
MargaretGiaimo F 57 50:07:oo
Phillip Brachman M 73 50:08:00
1, females. 60-64 Tallahassee
St. George Island
Charity Cookoff from Page 1
key gave some pause in the proceed-
ings as W. K. Sanders and Harry
Arnold contemplated the results, but
that too went under the auctioneers
hammer, ably shouted by Wayne
Clark, assisted by Chuck Spicer and
Buddy Frederick among others.
As a stuffed and very large pig's head
was shown to the crowd, someone
shouted "Imagine what SHE will say
when you bring this into the living
room for display." and the crowd
roared. There were also some antics
as Woody Miley swiped the hat from
the head of a deputy Sheriff and that
too was auctioned off.
Total Income of the Charity Chili
Cookoff thus far is $120,990.90. The
sale of the fire house by Steve will
bring $180,000. Expenses have not
been tabulated by press time, but it
would appear that a substantial
amount of money *ill be available to
pay for most of the construction of the
new fire house and civic center on the
The corporate sponsors who donated
S I000 each totaled S32 000 Sales of
jackets and hats brought !st326.
Dominic's Chili contributed $1,862,
Ollie's Gumbo, $1,153, and the
Spratt's. Chicken and Dumplings,
$2,170. T-shirt sales came to $13,861,
and the Chill competition, $7,047. The
auction was the biggest contributor
to the grand total, with $32,042. Beer
sales brought in another $5,414. In-
cluding the sale of the fire station, the
grand total was $300,990 as of 6
March. Jayne Bamburg was in charge
of accounting and finances, and pro-
vided these figures.
Untabulated expenses include
awards, postage, license renewals,
wholesale costs for clothing premi-
ums, equipment rentals, supplied in-
Ssurance, ICS dues, repairs and small
is thetime t
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A LOCALLY OWNED NEWSPAPER
rvik . iwvankli ChronicleP1
9 March 2001 Pag~e 5
Pnp 6 9 March 2001
A LOCALLY OWNED NEWSPAPER
The Franklin Chronicle
By Rene Topping
The Carrabelle City commission
held their regular monthly meet"
ing at 7 p.m. on March' 1 at the'
Franklin County Senior Center in
Carrabelle. Four commissioners
were present. Commissioner
Rankin was out of town.
Mark Payne, of James Moore
Company, brought good news .to
the commission whenfiie said that'
on the audit he had brought them-
was what is known as a "Clean
He pointed out some highlights
beginning with the Assets and Li-
abilities page. He said "As of Sep-
tember 2000, the cash and invest-
ments the city had was' right at
$2,500,000, of that possibly
$1,800,000 of money is sittifig
there for future payment of the
debt on the bonds for prificipal
and interest payments."
He added that in 1998/1999 the-
city received $700,000 ifi legiasla--
tive money in each year and they'
are now showing that money as
reserve for debt service making
that category $1,800,000.Cle said'
in 1999 Revenue was $717,000
and 2000 it is $1,700,000.
He said that the firm had been
doing the audit since 1990.
On the city's assets he said that
the city has a $2,700,000 land
value in the Thompson Field Car-
rabelle Airport that has never in-
the past been "booked." He said
in as much as it had been a "no :
cash" deal with the state it could
easily have been missed by prior
firms doing the audit.
He also reported on expenditure
of financial assistance, and that
on contracts out there is:
$3,500,000. Last year the city'
expended $1,800,000, and that is
from Waste Water Disposal Sys- ,
tem for Rural Communities.
He said there was a couple of in-
stances of Non Compliance. The
city is required to make mohthlv
contributions to the reserve fund.
These had not been made for first
two months of the fiscal year.
Payne said he came out and spent
a day with the City Clerk and now
contributions are being made. He
said that was the gist of the audit.
and commented an the growth of
the city in the pastyear.
Julian Webb of'Julian"Webb As-'
sociates said that Phase' I of the
Downtown Streetscape. project
has been closed out. He stated
that he would be holding apubliec
hearing on March 8 at 6'p.m .This
phase will encompass suchiitenms
as sidewalks, Pedestrian Mi lls,
and parking facilities on U.S. 98.
The city also approved the
Riverwalk Park Plans and Webb
said the Bid Package on that
project will go out the first week.
in April. There will be none of the
waste water problems that hap-
pened on the First Phase that has
been closed. He asked that the
city sewer be exterided'to the
Coast Guard Dock. This project.
will start after the Carrabelle
Commissioners approved pay-
ments to Baskerville ahd Dtfovian
Inc. (BDI) of Inroice #64352'
$10,000 and Invoice #64939 both:
on Riverwalk Park.
McCartney also spoke on the BDI
involvement with getting the
sewer to the Timber Island Devel-
opment on Timber Island. City
Doug Gaidry spoke on the rnan-i:
cial problems the city is having
with KMT Inc. on the Extended
Water project. He said, "it had
been suggested by KMT that we.
(the city) consider arbitration,
Under arbitration there w6uld-be
three arbitrators who presumably
would be engineers, or in the en-
gineering field in some way. They
would be selected and we would
pay them,and they would arbi-
trate instead of litigating. .There
would be no appeal friiofi t i'e
"The alternative is to litigate if. If
you do litigate you will- have an"
appeal, and venue, I believe;
would be in our county. So I can
see some benefit to litigating be-
fore a jury in our county. But this
is up to you all and I need some,
direction from the commissionn"
(the name says it all)
Office: (850) 697-2181
Home: (850) 697-2616
FAX: (850) 697-3870
Mayor Wilburn (Curley) Messer
asked Gaidry if that was his rec-
ommendation. Gaidry said that he
thought it was something they
should consider strongly. He
added, "The arbitrators would
likely be people from out of the
.-to.tmunity we would not know.
: AJurV would likely be made up
oi people in the county, who we
do know and I can see some ad-
vantage in favor of a jury." The
.Commissioners voted for litiga-
Commissioners turned down a
clarification of zoning on the
south side of the airport on Air-
port Road saying that they would
go with the description on file.
A special exception to allow two
. living quarters on the second floor
of the Old Gulf Bank Building was
tabled as neither the owner, the
agent, Ruby Saporito, of Anchor
Real Estate was present.
Tom Conner, owner of what will
be a small Recreation Vehicle Park
(VP) at the corner of Timber Is-
land Road and U.S. 98 wanted to
ask for relief. His property has
been on the water line since De-
cember, 2000. He said he was
being charged for each of the
seven sites and only has one mo-
tor. He in being charged the basic
bill as if there were seven resi-
dences. He was told that in the
way it is set up that each tap is a
residence or commercial estab-
lishment. Freda White who has
three separate meters said she
paid the minimum on each of
them but never used it.
Conner said his bill was $512.00
for four months. He was told that
he can have up to 14 sites and
.'that he should look at this posi-
Stively rather that negatively, as he
is the only RVP that has been per-
mitted inside the City limits.
Pat Maier asked for return of her
first two payments and. was
granted her request by virtue of
the 60 day amnesty guarantee to
hook up to the water. She is the
second person who will have the
first two months returned. The
first being Mr. Gates at the Janu-
A first reading was made of ordi-
nance 283 to close the 15 foot al-
ley in Block 84 (B14) of Pickett's
Addition. The final reading will be
Vicky Summerhill was denied, for
the present, her request for a
street light on the corer of U.S.
98 and 13th Street.
Commissioners approved a Reso-
Slution declaring March 31, 2001
for the Franklin County Senior
Citizen's Council Inc. Donor Vol-
unteer Appreciation Day.
An item on Florida's Communi-
cations Services Tax. ,Simplifica-
tion Act was tabled on the request
Discussion of a request for assis-
tance for Timmy Sapp on water
and tap fees was nullified when
the city clerk said she had re-
ceived an E-mail from Kathy
Mathes. his mentor, that she had
been able to get Sapp an interest
free loan. The city asked that the
Clerk write a letter of commenda-
tion to Ms. Mathes.
Jackson was approved for $500
expenses for an FACC Conference
tobe held in June in Jacksonville.
City Commissioner Rita Preston
said she thought it would be a
good idea if the commissioners
think about what they would like
to see on Timber Island and then
send a letter to the Governor's
office. Commissioner Raymond
Williams said, "Well, they have a
letter on file where, in the past,
Sthe city would ask to be consid-
.- ered for the lease, if they turned
the lease over, that is if they
turned the lease over to someone
else." He went on to say, "At the
Meeting I was at, there was three
Choices, There was lease or trade
the property for Timber Island. if
there is any follow up on the pre-
vious letter we sent, we can surely
send them a letter." Preston said
that her idea was to think of
things that would be a help for
Carrabelle. "Things that would
enhance. That was my idea of
what we had in mind. What we
would like." The commissioners
agreed to discuss this at an up-
The commissioners voted they will
buy an advertisement in the Car-
rabelle High School Year Book for
$45 and to give a $50 donation to
George Maier addressed the com-
mission saying that $1,200 for a
tap on fee was too much when the
water passes a person's residence.
Williams said it might be some-
thing the commissioners could
look at in the future.
The next regular meeting of the
City Commission will be held at 7
p.m. on-April 5.
More Than A
Familiar faces and new
meet me on Wednesdays
to scrutinize the latest
contributions of antiques
knick knacks, comforters
pots and pans, tools and
There's always a treasure
a once worn fancy dress,
jeans outgrown, best seller,
kitchen sink, crib, handbag,
you name it and at one time or
another it's been there.
And one must be careful to
set aside and exclaim what's
theirs or it's already out the
door and sold.
extend themselves with
helpful medical advice,
pricing, identifying the
unidentified and being
Christlike in love
Copyright 2001 Debbie Hoopeir
Quo Warranto from Page 1
she was not elected but had been
appointed by the commissioners
in February, taking the seat that
had been vacated by the resigna-
tion of Fred Massey.
She stated that she not had not
had any prior conversation by di-
rect contact with any other com-
'missioner or by use of a "go be-
!tween." She said that the speed
of the vote did not indicate any
such actions on her part, and
there had been many times when
a motion was voted on and passed
Gaidry directed her to an appoint-
ment that was made of Sid Win-
chester to the Grant and Loan.
Board. She said she chooses on a
basis of if she knows the person.
Cowles asked if the appointment
of Sid Winchester to the Grants
and Loans board was on the
agenda. Preston could not re-
member. Cowles asked how
Preston could do her homework
if it was not on the agenda and
she had not spoken with anyone.
She replied she relied on know-
ing the person.
The Judge then asked that all of
Sthe witnesses who had been heard
with the exception of two,
Raymond Williams and Barry
Woods be allowed to leave the
Under cross examination, he said
that he did not ask Williams if he
had asked about the length of
terms, the number of terms and
whether they had expressed any
wish to serve. Mathes said, "No,
because I figured that it would
come out in something like this
(the hearing). Cowles asked,
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"Wouldn't it have been simpler to
have done it to save ten minutes
at the meeting, than to go to liti-
gation?" Mathes said that he felt
that no matter how much time
they would have spent on the
motion the end would have been
'Carrabelle City Clerk Rebecca
(Beckey) was next to testify on the
June 1 meeting of the City Com-
mission, in an attempt to show it
was at that meeting at which the
first four members, William
Massey, Richard Molsbee, Sid
Winchester and Donald Woods
were appointed and she testified
all four were appointed by Will-
iams. Gaidry then showed an ex-
cerpt from the minutes of July 6,
2000 meeting to show the ap-
pointments of Freda White and
Gaidry showed her the excerpt
from the minutes of October 5.
with four certificates attached.
She testified that these were the
.certificates bearing the names of
the four people Williams had fi-
nally appointed. Cowles said, "It
doesn't matter how many certifi-
cates the CPAA can print up it
doesn't show whether it is legal
or illegal." Gaidry said he had in-
cluded the certificates to show
they had been appointed.
Cowles asked Jackson, "Did these
certificates, signed by the mayor
or not, determinate the city's ap-
pointments to fill the vacancy and
was it legal or illegal." Jackson
answered that she felt it did not
matter. "They were appointed,
certificates or not." Cowles ob-
jected to the inclusion of the cer-
tificates but the judge overruled
George Maier was called next to
witness. Gaidry asked him how he'
became a member of the CPAA
and he said he had been inter-
ested for some time, Maier was
asked if he was aware of the ob-
jections to the seating of four ap-
pointed by Williams. He was
asked if he was aware there was
a person seeking his seat and why
would he not yield up his seat?
SMaier said, "I feel that I am sit-
ting in the seat legally."
He was asked if he had at one time
submitted an application to run
an FBO at the airport." After Maier
answered "Yes," Gaidry asked,
"What was the reason that you did
not succeed in getting that FBO?"
Maier answered, "The city under-
mined me in every way they could.
I had a working agreement and
was ready to do it." He said the
Mayor and the city had a bad
Cowles on cross said that Gaidry
had asked about the fact that
some people seemed to have a
Personal dislike of the people who
1,,,have;' ;been-; nominated: 'by
Raymond Williams. He said that
he knew that the CPAA members
wanted to be satisfied that the
people in question were being
seated legally. He said his term of
office was up in July of 2002 and
he had' taken over from Barry
He said Woods was sworn in to
replace Harry Murray and at the
end of that term was appointed
to another full term by the city in
1998. He consequently, resigned
after a short time elapsed and
neither the city nor the Governor
appointed a replacement so Maier
was sworn in to fill the unused
Maier said the position on the
CPAA was a very responsible duty.
Maier was asked by Gaidry, "What
do you feel would have been fair
and proper?" Maier replied that
Woods' seat had been open for
some time and the city had not
done anything and then in a short
amount of time the selection was
made in the portion of the city
meeting that was reserved for
commissioner's reports and no
input from anyone was taken. He
added, "It does not seem proper
to me as a citizen. The Port Au-
thority even though it has been
hamstrung over the last few years
does have a considerable
Gaidry asked him "Who prepared
that timeline you testified to?" He
said he and his wife. Gaidry noted
that the Florida Legislature have
canceled the lease of the Timber
Cowles asked Maier, "Did you
know that the CPAA had asked
the state to take back the land?
Do you know why?" Maier said,
that it occurred to him that they
(CPAA) were ineffective as they
could not be effective to do any-
thing on the island because of the
After Maier left the stand, Gaidry
said that Cowles had failed to get
'her documents into the Court file
by the cut-off date of January 24.
Cowles said there was a second
cutoff date and it was February
13, and that was the date that
Cowles had used. The Judge said
in Judge's Notes it was written
that directed 'that January 24 was
the last cut off date to put names
of witnesses and documents into
the Court file. The February 13th
was for late depositions.
This prohibited Cowles from in-
troducing some evidence and also
she could not call some of her
witnesses, including Pam Lycett
and Laurel Newman.
Maier was asked by Gaidry why
he video taped each Carrabelle
meeting and Maier said it was to
have a record of the meetings. He
said that using the video he was
able to time the motion and vote
on the first four appointments
with a stop watch.
Pat Maier was called and she tes-
tified that she'had helped Cowles
put together a timeline. She pa-
tiently went through the timeline
for each seat on the Authority
along with Cowles. Maier noted
every appointment, resignations,
reappointment and terms of
each person who had occupied
each seat. Maier patiently ex-
plained each seat. She said she
had researched it from docu-
ments in the CPAA files.
Gaidry asked if she was custodian
of the documents, and she an-
swered' that it was her husband.
At this point Barry Woods was
called back because he needed to
leave. He testified that he had
been appointed for another full
term and did resign almost
At one point Gaidry challenged
Pat Maier as to why she was able
to have access to the minutes of
the CPAA indicating the boxes of
documents in the rear of the
room. He objected but Judge
Steinmeyer said, "I think Mr.
Maier is custodian of the docu-
ments. I don't know whether or
not Mrs, Maier did this at his di-
F E-S T-I'VA'L
reaction and under his authority
or not, and it might make a dif-
ference," Cowles said that Maier
had also done this under her
Pat Maier said that she and her
husband went through the docu-
ments to see if there was anything
to help Cowles in her husband's
defense. 'The only way we could
establish the timeline was to go
through the documents."
The Judge said, "I am going to
consider that Mr. Maier was the
custodian of these documents
and these documents while in his
custody were reviewed on copies
of the original documents and
these represent copies of the origi-
nal documents." The documents
were reviewed for almost an hour.
Pat Maier said, 'There should only
be one Governor's candidates ap-
pointed at any time." She said it
was meant to be staggered terms
under the Act that brought the
Authority into being. She said it
is the staggered terms that is im-
portant. She added that the Gov-
ernor was sometimes slow in ap-
pointing, but he always did it 4,
3, 2, and 1 term," She pointed out
from the beginning there was
staggered terms and it has been
so until this time with a few ex-
The documents were all accepted
and Gaidry said, "We have gone
through all the data to show
which terms are which and how
they are staggered so that we can
determine who is sitting in what
seat now." He asked Maier, "Is it
your understanding that the city
has two vacancies to which they
can appoint.?" "Yes Sir." He asked
her if she saw anything that would
show that the city was not going
to live up to the terms. She an-
swered, "Yes. You are trying to
throw my husband off."
;Gaidry asked if it was important
if the city fills one seat with Freda
White. Maier said "No." The same
was asked on Ivan Backerman.
Gaidry continued this line of
In the end Gaidry said that the
City, Port Authority and The
Governor's Office had all made
errors. And the Judge will be the
one to decide after he gets the two
March 9 May 5, 2001
By Tom Campbell
March -9 11-Camp Gordon
Johnston Reunion in Carrabelle and
Lanark Village. Welcome to all Veter-
ans, families and friends on Friday.
SParade at 10 a.m. Saturday in Carra-
belle. For more information phone
David Butler or Sid Winchester at Gulf
State Community Bank, 697-3395.
March 10 11-The play "The Last
Night of Ballyhoo" will be presented
by the Visual and Performing Arts
Division of Gulf Coast Community
College on March 10 and 11. Perfor-
mances are scheduled on Saturday at
7:30 p.m. and Sunday at 2:30 p.m.
Tickets are $5 and are on sale at the
GCCC bookstore. Any remaining tick-
ets will be available at the door. GCCC
Continued on Page 7
April 28, 2001 Saturday
The 11th annual Carrabelle Riverfront Festival is scheduled for Saturday, April 28, 2001, in
downtown Carrabelle, Florida. Festival hours are 10 a.m. to 6 p.m. Admission is free. Activities
will include: Arts Festivals, Maritime Crafts Exhibits and Demonstrations, Music and Food.
Picturesque Carrabelle is experiencing it's renaissance and this will be echoed in our Festival.
Visitors will enjoy the scenery, the beaches, and the charm of Florida's Forgotten Coast, with
entertainment all day long.
Our art show will feature quality regional artists. Art exhibits will include originals, as well as
limited and open edition prints. Craft artists will exhibit and have available for sale authentic
custom designed works including fine pottery, sculptures, unique metal art, custom woodcarv-
ing, yard art and many other fun things.
Maritime Crafts Exhibits and Demonstrations.
Enjoy a variety of talents all day Saturday, sponsored by Wicked Willies.
Enjoy a variety of talents all day Saturday, sponsored by Wicked Willies.
A wonderful array of local and outside (professional)
vendors will be available to provide Forgotten Coast
specialities and old-time favorites.
FOR MORE INFORMATION CALL CARRABELLE CHAMBER OF COMMERCE AT 850-697-2585
I- iI' f-.p~ r Il,.r`-.
The Franklin Chronicle
A LOCALLY OWNED NEWSPAPER
9 March 2001- Page 7
Government In The Sunshine
Access To Public Records
Based on a Seminar on Florida's Government-in-the-Sunshine
Laws by Barbara Peterson, Executive Director of Florida's First
Publisher's Note: Ms. Peterson spoke recently at the R. J. Gray Building,
Tallahassee, on Monday, February 12, 2001. As you will learn by reading
this digest of her remarks, Florida is unique among the 50 states in the
access citizens enjoy to governmental proceedings and records. In terms
of complaints about access questions, about 40% come from the citizens
who are denied access to local government or access to records of local
government. The Chronicle will publish her talk in two parts, with Part I
devoted to access to public meetings, and Part 11 focusing on the Florida
Public Records Law.
"It's reasonable access to records, and there have been lots of rulings on what
reasonable means. The Courts have said that reasonable means the time it
takes to locate the record, to review it for exempt information and to provide a
copy to the requester. It is always "reasonable" under the circumstances, What
normally happens is that the city commission will have its first Tuesday of
every-month-meeting. Somebody will go into the City office on Thursday and
say 'I want a copy of last Tuesday's minutes. And, they'll say. Well, you'll have
to wait until those minutes are approved by the Commission at next month's
meeting.' That's not true under the Public Records Law. We don't have to
wait. They may not be the official minutes but they will be the minutes of the
meeting. And, it doesn't matter if it's a tape recording or they're hand written
... If they want the official minutes, then they'd have to wait until they're
adopted at the next meeting."
"The minutes have to be an accurate reflection of what occurred at the meet-
ing. They don't have to be verbatim unless the statute specifically requires a
verbatim transcript... For example, the litigation' exemption that allows you to
close the meeting to discuss certain aspects of litigation, requires that a court
reporter be present at the closed meeting and that the court reporter put
down everything that is said..."
"The tapes are public record and remain public record even after they have
"...We have one of the most open governments in the country. And, our public
records law is, without exception, the best in the country. It was first enacted
in 1909. one of the first public records laws in the country. Before that, the
Courts recognized the common law right of access, so we have this very long,
rich tradition of access ... in Florida ..."
"...Who has a right of access to records in Florida? It is defined in the statute
to include not only individuals but also firms, associations, joint ventures,
partnerships,. estates, trusts business, corporations, or all other groups or
combinations. Everybody has the right, of access.
"The Courts have said too that a government employee has the same right of
access as any member of the public... The Attorney General has said, even if
you know a request for public record is made for the sole purpose of harass-
ment, that harasser has the right of public access under the law. Everybody
has a right of access. You don't have to be a citizen of the State of Florida to
make a request for a public record. The Florida citizenship requirement was
taken out of the law in 1975 ...
"Who has to provide access? Any state or local government entity or any other
public or private entity acting on behalf of government agencies... So we go
through the same deliberation as we do under the Sunshine Law to determine
whether the public records law will apply to a private company doing business
on behalf of a public agency... As government increases privatizing, we want
to make sure that our rightto oversight and to hold government accountable
Sis not diminished..."
"This means that under our law that anyone regardless of identity or intent
can request a copy of a public record from any public agency (and also any
.private company doing business on behalf of a public agency.: Regardless of
identify or intent. The Court has said that a requester cannot be required to
provide proof of identity or the reason for a request. Nor can a requester be
required to put a request in writing..." A requester cannot be denied simply
because they will not fill out a form. They cannot be required to identify who
they are; they cannot be required to tell you why they want the record and
they cannot be required to put a request in writing."
There are only two instances when a requester may be required to provide
proof of identity. One is when someone is asking for an individual driver his-
tory record. The Dept. of Highway Safety and Motor Vehicle is required to keep
on file who is requesting driver history records. The second instance is ;ihen
you are requesting a school board personnel file. This applies to school board
personnel only. The school board is required to keep on file a record of who is
requesting personnel files. This applies to school board personnel records
only, Personnel records and public records in Florida. There will some infor-
mation in that records that will be exempt from public disclosure. For ex-
ample, a government personnel social security number in the personnel file.
Medical information that may be in the file may be exempt from public disclo-
sure, A law enforcement officer's home address is exempt from public disclo-
sure, The vast majority of the information in the personnel file is a public
"And, we have a reasonable right of access to those records. Reasonable means,
generally, the time it takes to locate the record, to review it for exempt
aormatlon, and to provide access to the requester."
"An agency cannot create any artificial barriers to the public's right of access.
I've seen public access policies and I'm not joking that say, 'We accept public
records requests from the third Thursday of every month between the hours
of 2 and 4. In other words, if it's not the third Thursday and at noon. you
don't have a right to make a public records request. That policy violates the
public records law..,"
"We do not have an instantaneous right of access, we have a reasonable right
of access, during normal business hours."
"You cannot create a conduit through which all public records requests must
flow. A lot of police departments have a policy that says you can only make a
public records request of our Public Information officer. A lot of cities have a
policy that says all public records requests must be approved by the City
Attorney. The law says 'Any person who has custody of a record must provide
access to that record.' Any person who has custody. This is discussed at some
length in the First Amendment Manual. ...There was a case a few years ago
where a private citizen was oh the.,State Fair Board. He was a prominent
businessman and a reporter went to him and made a public records request
for his records concerning the State Fair Board. The businessman said 'you
have to go to their office in Tallahassee to get them,' even though he had them.
That was a violation of the law."
"...There are also provisions in the law that say records must be kept in build-
ings where they are generally and routinely used. Sometimes, Commissioners
will keep records at their home. We had a Water Management District where
they kept records under the bed of an administrator. A citizen went to his
home and made a request to see thd records and he said you would have to
come back when his wife was not asleep; he was not going to disturb her. That
was a violation of the records law, because the records were supposed to be
kept in those buildings where they were normally used... They are also sup-
posed to be kept in safe places under safe conditions. I don't think it's a good
idea to keep them at home under your bed."
"That's not to say that if you receive a record at home that it's not a record
simply because you got it at home and not at the office. This happens a lot
with county commissioners-who' ieCeive mail at their homes, If it is a public
record, it doesn't matter where they receive it."
"The definition of public record is this: Those documents, papers, letters, maps
books, tapes, photographs, sound.recordings, data processing software or
other materials regardless of physical form, characteristics, or means of trans-
mission made or received pursuant to law or ordinance or in connection with
the transaction of official business by any agency. ...The courts have inter-
preted this definition to include any material prepared in connection with
official business intended to perpetuate, communicate or formalize knowl-
edge of some type... Under this definition, voice mail is a public record. Hand
written notes intended to perpetuate, communicate, or formalize knowledge
... are public records. E-mail is public record. And, the public has the same
right of access to a public;officer or, E-mail as it does to a traditional paper
record, and it doesn't matter where it is received. We get this question a
lot. County Commissioner'has. an office in his home. He pays the rent. He
bought himself a computer. He paidfor it. He has his own personal AOL ac-
count which he pays for. A constituent sends him an E-mail to his home, to
his own computer, on his own personal AOL account, having to do with city or
county business. This is a public record...."
"The opposite would be true also. His sister sends him a birthday card to city
hall. Public record? Yeah. In that card, she says something about a past deci-
sion, This is so, even if the sender of the document asks that it be held confi-
dential, and exempt."
"Only the Legislature can create an exemption to the public records law. It
doesn't matter what the sender or the creator of the document desires. It is a
public record unless there is a specific statutory exemption. It is a public
record even if the document is not signed, and even it the document criticizes
a public employee."
"There is no "unfinished business" exception to the public records law. Drafts
of documents are public records. Generally speaking, a document becomes a
public record at the point it is shared for comment or review. Say we have
three staff people working on a report. And, the report is going back and forth
among those three. And, they are revising and amending it. It is not a public
record until the documents shared for comment or review, At that point, it
becomes a public record, even though it is still in draft form..."
"When somebody calls me, saying they have made a public records request,
and the agency doesn't have thaterecbrd, I.would suggest the requester check
SFranklin Bulletin Board
from Page 6
Your community hospital, committed to providing
quality care with compassion and kindness.
Our Services Include:.
Laboratory, radiology, ultrasound, elective surgery,
acute cardiac care and cardiology services.
Physician staffed Emergency Room open 24 hours.
Weems Memorial Hospital
135 Avenue G (1 2th Street and Avenue G)
VISIT OUR TWO CLINICS
Nichols Walk-In Medical Clinic
78 11th Street
Board Certified Physicians
Photis J. Nichols, M.D,,
Stephen J. Miniat, M.D.
Open Monday Friday
8:00 a.m. 5:00 p.m.
Weems Medical Center -East
102 S.E. Avenue B
specializing in Women's
and Children's Medicine
Victoria Smith, M.D.
Dana Holton, Physician Assistant
Open Monday Friday
8:00 a,m, 5:00 p.m.
8:00 a.m. 12:00 p.m.
Accepting most insurance, Workman's Comp, Medicaid/Medicare
Franklin Couty is a 911 Community. In case of emergency, dial 911.
students, faculty and staff are admit-
ted free with identification. For more
information, call Rosie O'Rourke at
March 11-Public Invitation: Timber
Island Yacht Club invites the public
to a Farewell Barbecue honoring the
veterans of Camp Gordon Johnston
in conjunction with their annual re-
union. The event will take place on
Sunday, March 11, from 3 p.m. to 5
p.m. on the deck at Pirates Landing
Marina on Timber Island in Carra-
belle. Plates featuring Brannan-grilled
pork or chicken with slaw and baked
beans will be available for $5. Rolls
and tea or coffee will be included. Tho-
mas Lee Brannan's Famous Ribs will
be available by the slab for take-out
only. To reserve ribs, you may call
697-8149. Say a fond farewell to vet-
erans of Camp Gordon Johnston and
enjoy the beautiful weather on the
March 12-The Wilderness Coast
Public Libraries' (WILD) Governing
Board will meet on Monday, March 12
at 2 p.m. at the Wilderness Coast Pub-
lic Libraries office in Crawfordville. For
more information, please call
March 13-The Philaco Women's Club
is sponsoring the all new "Edition #5"
AARP 55/Alive, Driver Safety Pro-
gram. This effective "Driver Safety Pro-
gram is approved and encouraged by
the State ard Federal Governments
and will be held at First Methodist
Church, 317 Patton Dr. in Eastpoint
on Tuesday, March 13 from 8 a.m. till
Noon and I p.m. till 5 p.m. There will
be two four-hour sessions, a total of 8
hours for the class. To cover some of
the expenses, a fee of $10 per person,
preferably in the form of a check made
out to AARP, will be collected. Make
reservations by calling Lee Gilmore in
Eastpoint at 850-670-9964 or in
Apalachicola call Jean Nichols
850-653-8432. Walk-ins welcome, if
Continued on Page 10
the records retention schedule, It is a violation of law to destroy a record prior
to its scheduled destruction date. It is also a violation of law to -destroy a
record if there is a pending public records request. The Bureau of Archives
and Records Management... is very, very good and very helpful on helping on
records retention and maintenance questions."
"Under the public records law, the right to inspect record carries with'it the
right to have copies made of those records. Our current statutory fees sched-
ile has two prongs. The first says that the keeper of the records must furnish
a copy of the record upon payment of the fee prescribed by law. Only 8 or9
agencies have statutorily prescribed fees. The Dept. of Highway Safety and
Motor Vehicles, for example, has statutory authority to charge $3 a record.
You want the entire data base, the cost is $36,000,000. 12 million registered
drivers. $3 a record = $36 million. The Division of Corporations has statutory
fees, as well as the Department of Insurance, Clerks of Court may charge
$1.00 per page for official records. The vast majority of local agencies fall
under the general fee provisions, 15 cents p':r pii'. plus an additional 5 cents
for two-sided copy. For non-paper media, i-. ~,I- arnual cost of the material
... the supplies used to make a copy, and nothing else. No overhead. No labor.
If someone comes in with their own copying equipment, there is no fee al-
lowed. The Sun Sentinel needed to copy thousands of pages so they rented a
xerox machine. No fee allowed. Reporters may use lap-top computers and
scanners. There may however be a fee allowed under F.S. 119.07 (1) (b), which
is the second of the two prongs. (1) (b) allows the agency to charge a reason-
able fee for the extensive use of af-enr c rwirces, whether that be personnel.
information technology, or bott. t :: :,." is not defined in the statutes,
which means that every agency must decide for itself what is "extensive use of
its resources". These fees must be reasonable and must be based upon ac-
tual costs incurred. One court case Eidic "~extsive" meant 15 minutes
or more, but this applied only to th department of Corrections, not to every-
body. A lot of agencies have seized upon that measure thinking it has the
approval of the Courts. Not so. Every other agency is going to have to define
"extensive" for itself."
"The question comes up a lot. An agency is not required to create a record in
order to satisfy a request for a record. For example, you want a 10 minute
section of a 5 hour videotape. The agency is not required to search the tape for
you and provide only that section you want. They are required to provide a
copy of the entire videotape, and you can search for yourself."
"The city manager of Pinellas Park had a policy, when somebody makes a
records request for a personnel file, the office would delay the request while
the subject of the file was notified. This is a violation of the records law. "...You
can notify the subject of the file, but you cannot delay the records request
while you notify the subject; there's no automatic delay allowed. There cannot
be any artificial barriers to the public right to access. In personnel records,
there may be exempt data, but that must be omitted. The rest is open to
"There are a lot of exemptions in the records law; 750 total thus far, in the
public records law and the sunshine law. Most are under the public records
law. When there are exemptions passed by the Legislature, the omissions are
to be made on a copy of the record, not the original. In Volusia county, one:of
the clerks tired of omitting social security numbers, and home addresses of
law enforcement personnel, so she took a magic marker and omitted the data
on the originals. Their files did not have social security number or home ad-
dresses'for their law enforcement personnel-a destruction of a public record,
which is also a violation.of the public records law. "If you delete certain infor-
mation from a record, you must provide the specific statutory source provid-
ing the authority for such deletion." All denials for public records must be put
in writing to the requester if requested. The burden is on the keeper of the
record to tell the requester why the record is exempt."
Enforcement And Sanctions
"Thus far, only one public official has gone to jail for an intentional violation of
the public records or sunshine law. It was a school board member in Escambia
county; she held records at her home when the records wvee requested. Her
claim was that she was not the custodian of the records and therefore did not
have to provide access to the records. The requester called the First Amend-
ment Foundation and they suggested the Attorney General's "hot line" to ask
for mediation. This is a cheap, often quick resolution over disputes about
access. The school board member did not agree. The requester made a com-
plaint to the state's attorney, a grand jury was called, but the school board
member still refused. A criminal trial was held, with a guilty finding, and she
went to jail."
Access To Public Records In Florida
State Policy: Chapter 119, Florida Statutes, stipulates that all state, county,
and municipal records shall be open for inspection and copying by any per-
Definition: "Public records" are defined as "all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing
software, or other material, regardless of physical form, characteristics, or
means of transmission, made or received ... in connection with the transac-
tion of official business by any agency." [s1i9..0B l SL)]:FiS] .;
Fees: Generally, a publicagencynriay charge dp o .eanl,5qenta a pagefor
paper copies up to 8/2 x 14 inches, plus and additional 5 cents for two-sided
copies. For large-sized paper and non-paper copies (diskette, CD Rom, tape
recordings, video tapes, etc.) an agency may charge only the actual cost of
duplication, defined as the actual cost of materials used in making the copies.
119.07(l)(a)] However, if a public records request requires the extensive use of
agency resources (personal or information technology, or both), an agency
may charge, in addition to the cost of copying, a reasonable fee based on the
actual costs incurred in copying the requested records. [s..I 19.07(l)(b)] NOTE:
Some agencies have statutory authority to c5large a per record fee. If you don't
understand how a fee was calculated, ask for a justification of the fee, includ-
ing the specific statutory authority to charge the fee quoted.
Exemptions: There is a general presumption of openness under the Public
Records Law, meaning that all records are presumed subject to public inspec-
tion and copying unless there is a specific statutory exemption. Only the Leg-
islature can create an exemption to the public access requirements of chapter
119. The Public Records Law requires that an agency claiming an exemption
for a public record or a portion' of a public record state the basis for the ex-
emption including its statutory citation. The denial must be put in writing if
requested, [s. 119. 07(2)]
Sanctions: There are two types of sanctions provided for violations of the
Public Records Law. First, a publicofficer who knowingly violates s. 1 19.07(1),
F.S., is subject to suspension and removal or impeachment, and is guilty of a
first degree misdemeanor punishable by a definite term of imprisonment not
exceeding one year and a fine of up to $1,000. Second; a public, officer who
violates any provision of chapter 119 is guilty of a noncriminal infraction,
punishable by a fine not exceeding $500; a willful and knowing violation of
any provision is a first degree'misdemeanor.
Constitutional Amendment: Article 1, section 24
Sunshine Law: Section 286.011, Florida Statutes
Public Records Law: Chapter 119, Florida Statutes
Legislative Records: Section 11.043 1, Florida Statutes
Judicial Records: Florida Rule of Judicial Administration 2.051
Government in the Sunshine Manual
Florida Public Records Handbook
To order, call the First Amendment Foundation at (850) 224-4555.
SFirst Amendment Foundation/FOI Hotline
In Florida: (800) 337-3518
Elsewhere: (850) 222-3518 (Tallahassee)
The Brechner Center for Freedom of Information, University of Florida
Florida Attorney General's Office/Open Government Mediation Program
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Paoe 8 9 March 2001
A LOCALLY OWNED NEWSPAPER
The Franklin Chronicle
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Conflagration At Bay North
..... -. .'_'
It was Just about five o'clock
on Wednesday, February 28
when a blaze started in one
side of oneof the duplex
condominium buildings at
Bay North. The alarm was
sounded as the blaze began
to grow larger and larger. It
spread to buildings on either
The Alligator Point
Volunteer Fire Department
received a great deal of
assistance from neighboring
counties. Units from as far
away as Tallahassee, Leon
County and Wakulla County
and Franklin County
answered the call for help.
It was estimated that there
were finally about 50
firemen at the scene. Some
firemen stayed on the scene
until about 2 a.m. on
Thursday, March 1.
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According to a later report
in an article in the
Tallahassee Democrat dated
March 7, state investigators
don't suspect arson. They
are looking into the
possibility that the fire
started in an area of one
house where a plumber had
been using a blow torch
earlier in the day.
Damage is estimated to be
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Photos by Patricia Johnson,
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Adult Sunday School 8:30 a.m.
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The Rev. T.E. Schiller, Sr., Pastor
?e TEACH-I N
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The Chronicle is now accepting classified ads, up to 40 words each, for
$5.00 per ad. Please send your copy to: Franklin Chronicle, 2309 Old
Bainbridge Road, Tallahassee, FL 32303, by Monday on the week the
Chronicle is published. Type your ad, or print in block letters all the infor-
mation you desire in the ad. If the word and number count exceeds 40.
the cost will be an additional $5.00. Discount rates available. Please re-
member, the Chronicle is published twice monthly, with this issue carry-
ing the date of March 9, 2001. The next issue will be March 23, 2001.
Thus, ad copy, your check and your telephone number must be received
by Tuesday, March 20, 2001. Please indicate the category in which you
want your ad listed. Thanks.
Tea-cart of solid walnut with
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drawer, mounted on two wheels
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Fostoria Glass, American Pat-
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clear glass dishware housed in
cherry cabinet. Extensive set
priced not less than $1500.
Must be seen to be appreciated.
Please call 850-385-4003 for
Refuge House clients are in
need of the following in good
working condition: washer,
dryer, bunk beds and mat-
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can provide any of the above,
please contact our office at 653-
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9 March 2001 Page 9
The Franklin Chronicle A LOCALLY OWNED NEWSPAPER
December 18, 2000
By Barbara Revell
The Honorable Judge F.E. Steinmeyer
Assistant State Attorney Adam Ruiz
Assistant Public Defender Kevin Steiger
All persons listed below are presumed innocent untilfound guilty
in a court of law.
Allen, Curtis C., Jr.: Charged with aggravated assault with a deadly weapon.
According to the probable cause the following allegedly occurred: On October
2, 2000, an officer was dispatched to a residence in Apalachicola. Mr. Raymond
Kelly signed a no trespass affidavit against Curtis Allen, Jr. The officer ad-
vised the defendant of the no trespassing. Soon thereafter the victim reported
that the defendant tried to run him off the road in his vehicle. The victim
signed a sworn statement that he had to leave the road to get out of the
defendant's way. Pretrial conference scheduled for January 5, 2001.
Buzbee, Christopher B.: Charged with two counts of burglary of a structure,
grand theft, criminal mischief and petit theft. According to the probable cause
report the following allegedly occurred: On August 4, 2000, an officer was on
routine patrol when he observed the defendant standing in front of Padgett's
dental office. Shortly thereafter the officer was advised that Security Link
called and advised them they had received a break-in alarm at Padgett's of-
fice. The officer observed the door on the west end of the building had been
damaged. The officer called for back-up. When the officer entered the building
he noted coins on the floor. He followed the coin trail through the building and
out the front door. Using a K-9 the officers were led to the house across the
alley to the defendant. Several hours later it was discovered that the NAPA
store next to the house had been burglarized. The defendant was arrested the
following day. The defendant entered a plea of not guilty and pretrial set for
January 5, 2001. Steiger represented the defendant.
Buzbee, Christopher B.: Charged with burglary of a structure and dealing in
stolen property. According to the probable cause the following allegedly oc-
curred: on July 16, 2000, the Fellowship Baptist Church was burglarized by
forcible entry and several items of sound equipment were taken. The items
were located several weeks later at a home in Apalachicola. The defendant
was identified by three witnesses as having left the items in the home. The
defendant entered a plea of not guilty and pretrial conference set for January
5, 2001. Steiger represented the defendant.
Clark, Jennifer: Charged with uttering a forged check. According to the prob-
able cause the following allegedly occurred: On August 1, 2000, the victim
reported to the Franklin County Sheriffs Office that the defendant cashed
one of her checks at Register's Supermarket in Eastpoint. The defendant was
also identified by a cashier. Arraignment continued until January 5, 2001.
Attorney Barbara Sanders represented the defendant.
Cox, John Wayne: Charged with aggravated battery with great bodily harm.
According to the probable cause report the following allegedly occurred: On
September 22, 2000, the defendant was observed by several witnesses to strike
the victim with his fist in the facial area. The victim was treated at Weems
Memorial Hospital and records verify that he suffered a non-displaced frac-
ture of the left lateral orbital wall. Arraignment continued until January 5,
2001. Attorney J. Gordon Shiler represented the defendant.
Davis, Clinton W.: Charged with possession of crack cocaine, possession of a
controlled substance, dealing in stolen property, possession of less than 20
grams of marijuana and possession of drug paraphernalia. According to the
probable cause the following allegedly occurred: On November 13, 2000, offic-
ers executed a search warrant at the home of the defendant. Several items of
contraband, cannabis, drug paraphernalia and cable television paid preview
filters were found. The defendant was placed under arrest and transported to
the County jail. The defendant entered a plea of not guilty and pretrial set for
January 5, 2001. Steiger represented the defendant.
Kilgore, John H.: Charged with possession of vessel with no hull number.
According to the probable cause the following allegedly occurred: On October
19, 2000, law enforcement officers working a marine detail received a phone
call that a pilot had detected a vessel in Lake Wilmaco. An officer at the
Breakaway Lodge boat ramp observed a vehicle with a flat roller trailer at-
tached. Dispatch confirmed that the vehicle belonged to the defendant. At
approximately 1:10 AM the officers observed a black tunnel boat containing
two subjects with a large pile of net located on the stern board. The vessel was
operating without navigation lights. When the boat approached the ramp one
of the subjects got out of the boat and ran to get the truck. The subject on the
boat backed the boat away from the dock to wait for the boat trailer. They then
-loaded and pulled the boat out of the water. The officers found approximately
500 yards of monofilament (Trammel Net) and approximately 800 pounds of
mullet. Also, the boat did not have hull identification numbers and reaistra-
tion numbers displayed. Arraignment was continued until January 5,2001
-Steiger represented the defendant.
Lunsford, Autrey: Charged with D.U.I., driving while license suspended or
-revoked and failure to sign summons or citation. According to theprobable
Sales & Service
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All Types Of Trailers
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North from 98 on Bayshore Dr. to
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Eaftpoint, FL. 850-269-2824
CLAIM OF LIEN NOTICE
Per Florida Statutes 713.78 (3) (b) File No.
Date of this Notice 02/23/01 Invoice No. 6189
Description of Vehicle: Make GMC Model PK color Blue
TagNo A68RQK Year 1989 StateFL VinNo. 1GTDC14KOKE520019
To Owner: Don A. Wilson To Lien Holder:
P.O. Box 845
Carrabelle, FL 32322
You and each of you are hereby notified that the above vehicle was towed on
02/14/01 at the request of FHP that said vehicle is in its
possession at the address noted below. They the undersigned claim a lien for
towing, storage and cost. The vehicle will be sold after 35 days from the date of
impound free of prior liens. Payment by the above date of notice in the amount
$ 243.00 plus storage charges occurring at the rate of $ 15.00 from.
the date hereof will be sufficient to redeem the vehicle from the lien of the
lienor; that subsection (4) of Florida Statute 713.78.
NOTICE OF FORECLOSURE OF LIEN AND OF INTENT TO SELL
To subsection (5) of Florida Statute 713.78
You and each of you are hereby notified that on 04/05/01 at 12:00 noon
o'clock, the vehicle described above will be sold at public auction
at: 461 HWY 98 EASTPOINT, FL From the proceeds will first be paid all
towing and storage charges plus all costs including cost for this sale. Any excess
will be deposited with the Clerk of the Circuit Court.
You and each of you are urged to make satisfactory arrangements to pay all
charges and take possession of the said vehicle. In order to obtain a release of the
vehicle you must present personal identification, driver's license and PROOF
OF OWNERSHIP (title, registration, etc.) at the address below and pay the
SHADEI TREE TOWING
P.O. Box 971
Eastpoint, FL 32328
cause the following allegedly occurred: On November 18, 2000, an otiicer was
dispatched to Hwy 98 in Eastpoint because of an erratic driver. The defendant
was subsequently arrested and transported to the County Jail. Arraignment
continued until January 5, 2001. Steiger represented the defendant.
MeAnally, David E.: Charged with aggravated fleeing and eluding a police
ofllcer. According to the probable cause the following allegedly occurred: On
November 22, 2000, an officer was attempting to execute arrest warrants and
the defendant fled from the officer. The defendant went through four stop
signs at approximately 60 MPH in a 25 MPH zone. The defendant finally stopped
but ran through the bushes into the river. He swam across the river and
another officer in a boat apprehended him. He was arrested and transported
to the County Jail. The defendant entered a plea of not guilty and pretrial
conference set for January 5, 2001. Attorney Sanders represented the defen-
McKinney, Herbert Lee: Charged with possession of cocaine with intent to
sell, possession of less than 20 grams of marijuana and possession of drug
paraphernalia. According to the probable cause the following allegedly oc-
curred: On October 25, 2000, while working a check point in St. James an
officer noted that a person in a vehicle that had been stopped threw a pill
bottle out of the car window. The pill bottle was retrieved and was found to
have a large amount of cocaine in it. Cannabis and drug paraphernalia were
also found in the vehicle. The defendant was arrested and transported to the
County Jail. The defendant entered a written plea of not guilty on December
11, 2000. Pretrial set for January 5, 2001. Attorney Sanders represented the
Roberts, Dona Marge: Charged with possession of cocaine with intent to sell,
possession of less than 20 grams marijuana and possession of drug para-
phernalia. Same probable cause as for Herbert Lee McKinney. Pretrial confer-
ence set for February 19, 2001. Steiger represented the defendant.
Rogers, Douglas Bagood: Charged with sexual act with a child under 16
years of age. According to the probable cause the following allegedly occurred:
On March 29, 2000, the Franklin County Sheriffs Office received information
from the Wakulla County Sheriffs Office that a 13 year' old female had en-
gaged in sexual intercourse with the defendant on March 10, 2000, in Franklin
County. The child was interviewed by the Child Protection Team in Panama
City, Florida, and revealed details. A public defender was appointed and pre-
trial scheduled for January 5, 2001.
Shipman, Athen Patrick: Charged with possession of controlled substance,
possession of less than 20 grams of marijuana, possession of drug parapher-
nalia, possession of alcohol by a person under 21 and contributing to the
delinquency of a minor. According to the probable cause the following alleg-
edly occurred: On September 23, 2000, an officer observed a vehicle fail to
stop at a stop sign. The vehicle was stopped and a K-9 alerted officers of the
possibility of narcotics. Upon searching the vehicle officers found marijuana,
alcoholic beverage, Darvocet, a plastic bag containing cannabis and two juve-
niles. The defendant was arrested and transported to the County Jail. Pretrial
conference scheduled for January 5, 2001. Attorney Jan Hevier represented
Strops, Billy J.: Charged with aggravated battery with great bodily harm.
According to the probable cause the following allegedly occurred: On August
23, 2000, an officer was dispatched to the scene of an altercation. The defen-
dant admitted to the officer that he did strike Michael Strops. Arraignment
continued until January 5. 2001. Steiger represented the defendant.
Tatum, Eric A.: Charged with burglary of a conveyance. On October 24, 2009,
an officer was dispatched to the corner of 7th Street and Avenue C, The defen-
dant had been observed to be in a truck that belonged to someone else. Defen-
dant was arrested and transported to the County Jail. Pretrial scheduled for
February 19, 2001. Steiger represented the defendant.
Thompson, Donnie Hoyti Charged with three counts of uttering a forged
check. According to the probable cause the following allegedly occurred: On
October 27th 2000, Ms. Lucille Thompson reported to the Sheriffs Office
that several checks had been stolen from her checkbook and were cashed. A
cashier at Gulf State Bank was able to identify the defendant as the one cash-
ing two checks at the bank. Another check had been cashed at Gulfside IGA
and the cashier there identified the defendant. The defendant failed to appear
and a capias was issued and bond estreated. Steiger represented the defen-
Williams, James, Jr.: Charged with possession of cocaine with intent to sell,
possession of less than 20 grams of marijuana and possession of drug para-
phernalia. Same probable cause as Herbert Lee McKinney. The defendant
entered a written plea of not guilty. Pretrial conference scheduled for Febru-
ary 19, 2001. Attorney William Webster represented the defendant.
Ahrent, Deidra: Charged with possession of a firearm by a convicted felon,
possession of cannabis with intent to sell and'possession of cannabis more
than 20 grams. Pretrial conference continued until January 5, 2001.
Becton, Prince: Charged with throwing a deadly missile and resisting an
officer without violence. The State dropped the first charge. The defendant
entered a plea of no contest. He was adjudicated guilty and sentenced to 120
days in the County Jail with credit for 120 days served. Sanders represented
Bell, Frank: Charged with-violating the Florida Litter Law. Pretrial conference
continued until January 5, 2001 .
Boons, Daniel Ray: Charged with tampering with physical evidence, gill net-
ting while prohibited, disposing of monofilament net in State waters, gill net
and mullet/same vessel and net over 500 square feet. The State dropped the
first four charges. The defendant entered a plea of no contest to the fifth charge..
He was adjudicated guilty and forfeited the net and proceeds. Court cost waived.
Steiger represented the defendant.
Chandler, John Wesley: Charged with aggravated battery with great bodily
harm. Pretrial conference continued until February 19, 2001. Steiger repre-
sented the defendant.
Chastain, James M.: Charged with delivery of a controlled substance to a
'minor and criminal solicitation. Pretrial continued until January 5, 2001.
Sanders represented the defendant.
Chester, Joseph Leonard: Charged with driving while license suspended/
felony. Pretrial continued until January 5, 2001. Samuel H. Lewis represented
SStump and roat grind-
ing, reduced to chips. No
job too small or large.
Call Clarence DeWade in
Lanark Village at 697-
2562. FREE ESTIMATES.
Timber Island Yacht Club invites
the public to a Farewell Barbecue
honoring the men and women of
Camp Gordon Johnston in con-
junction with their annual re-
union. The event will take place
on Sunday, March 11, from 3:00
p.m. until 5.00 p.m. on the deck
at Pirates Landing Marina on Tim-
ber Island in Carrabelle.
Plates featuring Brannan-grilled
pork or chicken with slaw and
Highway 98 & 6th Street
Clark, Jennifer: Charged with battery of law enforcement officer, resisting
officer with violence and battery. Pretrial continued until January 5. 2001.
Sanders represented the defendant.
Edwards, Ross Wayne: Charged with battery and aggravated battery with a
deadly weapon. Pretrial continued until February 19, 2001. Attorney William
Webster represented the defendant.
Estes, Robert C.: Charged with kidnapping, two counts of sexual battery by
threats reasonably believed and two counts of aggravated assault with deadly
weapon. Pretrial continued until February 19, 2001. Sanders represented the
Gloner, David Allen: Charged with felony fleeing or attempting to elude and
grand theft of motor vehicle. Pretrial continued until January 5, 2001. Sand-
ers represented the defendant.
Harris, Oxharsharek: Charged with felony fleeing or attempting to elude, re-
sisting officer with violence, disorderly conduct and reckless driving. The State
dropped these charges. Steiger represented the defendant.
Harris, Omarsharek: Charged with two counts of felony fleeing or attempting
to elude. The defendant entered a plea of no contest and was adjudicated
guilty. He was sentenced to two years probation, $295 in court costs, random
urinalysis, no drinking and a curfew of 6:00 PM to 6:00 AM. He was also
sentenced to 60 days in jail with credit for 60 days served. Steiger represented
Lee, Carmia: Charged with burglary of structure while armed. Pretrial con-
tinued until February 19, 2001. Webster represented the defendant.
Marshall, Ronald George: Charged with D.U.I/manslaughter. Three counts
of D.U.I. with serious injuries, driving while license suspended involving death
or serious bodily injury and three charges of driving with suspended license.
The defendant entered a plea of no contest and was adjudicated guilty. He
was sentenced to 17 years in the Florida Department of Corrections and one
year administrative probation when released. The defendant was given credit
for 649 days served. Probation is to include no use of alcohol and random
urinalysis. This is to be followed by four years of administration probation.
Steiger represented the defendant.
Martin, Chiquetta: Charged with fraudulent use of a credit card. Pretrial
continued until January 5, 2001. Sanders represented the defendant.
McMahon, Glen: Charged with aggravated battery with great bodily harm.
Pretrial continued until February 19, 2001. Sanders represented the defen-
Melton, George,Lindsey: Charged with lewd and lascivious assault or act
and battery. Pretrial continued until February 19, 2001. Steiger represented
Orr, Keith G.: Charged with burglary of a conveyance and possession of bur-
glary tools. The State dropped the charges and the case was transferred to
County Court. Sanders represented the defendant.
Parramore, Floyd Bernard: Charged with burglary of a dwelling (reduced to
trespass of structure) and criminal mischief. The defendant entered a plea of
no contest and was adjudicated guilty. He was sentenced to 15 days in the
County Jail (credit for one day served) to be followed by one year probation
and $295 court costs. Restitution to be determined. Steiger represented the
Pennington, Dustin Wayne: Charged with possession of a controlled sub-
stance. Pretrial continued until January 5, 2001. Clifford Davis represented
Raffield, Devin: Charged with grand theft. Pretrial continued until February
19, 2001. Steiger represented the defendant.
Salter, Allmrt, Jr.: Charged with four counts of sexual act with a child under
16 years of age. Pretrial continued until February 19 and trial by jury sched-
uled for March 21, 2001. Sanders represented the defendant.
Sanders, Delanta Lionel: Charged with burglary of structure while armed
and possession of crack cocaine with intent to sell. Pretrial continued until
January 5, 2001. John Kenny represented the defendant.
Shiver, Henry Allen Eugene: Charged with burglary of a dwelling and petit
theft. The State dropped'the charges and the case was transferred to the County
Court. Sanders represented the defendant.
Smith, Keisha Nicole: Charged with forgery and driving while license sus-
pended or revoked. Pretrial continued until January 5, 2001. Sanders repre-
sented the defendant.
Sponsler, Allen: Charged with escape. Trial by jury scheduled for December
20, 2000. Steiger represented the defendant.
Suddeth, Glenn L., Jr.: Charged with armed robbery with firearm. Pretrial
continued until February 19, 2001. Sanders represented the defendant.
Thompson, Barry: Charged with stalking. Pretrial continued until January
5, 2001. Douglas W. Gaidry represented the defendant.
White, Damien: Charged with possession of cannabis with intent to sell, ag-
gravated battery with great bodily harm arid burglary'of a dwelling. Pretrial
continued until February 19, 2001, and trial bv jury on first charge scheduled
for February 19, 2001. Sanders represented the defendant.
Williams, Clifford: Charged with exploitation of elderly. The State dropped
the charge. Steiger represented the defendant.
Zabielski, Michael: Charged with aggravated assault with a deadly weapon
and stalking. Pretrial continued until January 5, 2001. Sanders represented
VIOLATION OF PROBATION/ARRAIGNMENT
Buzbee, Christopher: Charged with four counts of uttering a forged check.
Pretrial conference scheduled for February 19, 2001. Steiger represented the
Cross, James: Charged with criminal mischief/third degree felony. The de-
fendant admitted to VOP and was found in violation. He was adjudicated guilty
and sentenced to 90 days in the County Jail with credit for 86 days served.
Probation extended for one year and all conditions re-imposed. Steiger repre-
sented the defendant.
Continued on Page 10
baked beans will be available for .e
$5.00, Rolls and tea or coffee will Th
be included. Thomas Lee
Brannan's Famous Ribs will be
available by the slab for take-out
only. To reserve ribs you may call i
Join us to honor the Camp Gor-
don Johnston Reunion veterans
and enjoy the beautiful spring
weather on the deck. S
firt t 3aptist (Iurcd)
St. George Island
501 E. Bayshore Drive
R. Michael Whaley, Pastor
Join us as we praise and
worship the living Christ!
Sunday Bible Study 10:00 a.m.
Worship & Praise 11:00 a.m.
Sunday Night 7:00 p.m.
Wed. "Power Hour" 7:00 p.m.
"Walking in Christ"
Cook Insurance Agency, Inc.
AUTO HOME COMMERCIAL + LIFE
+ Specializing in Coastal Properties
from Alligator Point to Mexico Beach
23 Avenue D, Apalachicola, Fl 32329
850-653-9310 800-822-7530 / e
A ntiq ues
A u.nque blena of
antiques, nautical Items,
art, books andt many
more iLstinctive accent
Photos circa 1900, of area
LLg hthouses at St. M arks, St.
George Island, Dog Island,
Cape San Bias.
Postcards, circa 1900, of old
Extremely unique nautical
items, arc.kLtectural stars,
turtle lamps and mYtchi
A ntiques Wf E,
Lookjbfr the big tin shed on
170 Water Street along the
170 Water Street
P.O. Box 9
Apalackhcola, FL 32329
Linda & Harry Arnoldt, Owners
Pane 10 9 March 2001
A LOCALLY OWNED NEWSPAPER
The Franklin Chronicle
Second Circuit Court from
Langley, George Franklin: Lewd or lascivious assault or act. Arraignment
continued untilFebruary 19, 2001 Steiger represented the defendant.
Martin, Henry Jerome: Charged with attempted burglary of a dwelling and
battery on a law enforcement officer. A public defender was appointed to rep-
resent the defendant and arraignment continued until January 5, 2001.
Miller, IV, William: Charged with grand theft. Next hearing set for January 5,
2001. J. Gordon Shuler represented the defendant.
O'Neal, Lorenzo: Charged with possession of a controlled substance. The
defendant admitted to VOP and was adjudicated guilty. He was sentenced to
292 days in the County Jail with credit for 292 days, served. Probation was
extended for one year to include evaluation, screening and counseling for
WAKULLA PORTABLE BUILDINGS
3771 Crawfordville Highway, 2 Miles South of Traffic Light, Crawfordville, FL
(850) 926-8215 or (850) 926-2664
CARPORTS & SHOP
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SINGLE & DOUBLE
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TIMBER ISLAND REALTY
"WE HAVE THE WATER'S EDGE"
P.O. Box 1059 Carrabelle, FL 32322 1557 Highway 98
right across the road from "Julia Mae's"
Lots ranging from 1 acre to 3.36 acres some
bordering the state forest. Prices ranging
from $8,500 to $23,000.
One 5 acre tract priced at $45,000. Zoned
for mobile homes.
Audie E.' Langston Licensed Real Estate Broker
Sales Associate Mike Langston 962-1170
...no matter where you are-
ours is a service you can trust.
KELLEY FUNERAL HOME
KEJLLEY-RILEY FUNERAL HOME
serving all of Franklin County
Now is the time to
"subscribe to the
The Chronicle is published every other Friday.
Mailed subscriptions within Franklin County
are $16.96 including taxes for one year, or 26
issues. The out-of county rate is $22.26 in-
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Please send this form to:
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substance abuse and to complete any treatment recommended. Random uri-
Strops, Michael John: Charged with driving under the influence/third de-
gree felony and driving while license suspended or revoked. Next hearing set
for January 5, 2001. Sanders represented the defendant.
Rogers, Clayton Glen: Charged with aggravated battery with a deadly weapon.
Next hearing set for February 19, 2001. J. Gordon Shuler represented the
Stephens, Melvin B.: Charged with sale of a controlled substance. Next hear-
ing set for February 19, 2001. Steiger represented the defendant.
VIOLATION OF PROBATION HEARINGS
Becton, Prince: Charged with possession of crack cocaine. The defendant
admitted to VOP and was found to be in violation. Probation re-instated. He
was sentenced to 321 days in jail with credit for 321 days served. Sanders
represented the defendant.
Brackins, Samuel M.: Charged with sale of crack cocaine. Next hearing Janu-
ary 5, 2001. Steiger represented the defendant.
Brown, Elijah: Charged with leaving the scene of an accident with injuries.
Next hearing January 5, 2001. Steiger represented the defendant.
Glass, Donna: Charged with four counts of worthless checks over $150. Pro-
bation terminated. Steiger represented the defendant.
Sanders, Delanta Lionel: Charged with sale of crack cocaine. Next hearing
January 5, 2001. John C. Kenny represented the defendant.
Sanders, Mark Paul: Charged with resisting officer with violence. The defen-
dant admitted to VOP and was found in violation. He was sentenced to 90
days in jail with credit for 67 days served. Probation extended for one year and
all prior conditions reimposed. Steiger represented the defendant.
Suddeth, Glenn L., Jr.: Charged with sale of crack cocaine. Next hearing set
for February 19, 2001. Sanders represented the defendant.
Tarantino, Thomas C.: Charged with grand theft. The defendant admitted to
VOP and was found in violation. He was sentenced to 76 days in jail with
credit for 76 days served. He was also sentenced to one year of Community
Control. J. Gordon Shuler represented the defendant.
Ward, Jeff Allen: Charged with grand theft of motor vehicle. The defendant
admitted to VOP and probation was re-instatedto one year of Community
Control with all prior conditions re-imposed. He was sentenced to 196 days in
jail with credit for 196 days served. Sanders represented the defendant.
Weaver, Wendell W.: Charged with sale of a controlled substance. Next hear-
ing set for January 5,2001. Sanders represented the defendant.
Estes, Robert C.: Charged with kidnapping, two counts of sexual battery by
threats reasonably believed and aggravated battery with a deadly weapon.
Motion to reduce bond was denied. Sanders represented the defendant.
Shiver, Tracy DeWayne: Resentencing hearing. The defendant waived the
appeals and entered a plea of no contest to two counts of felony battery. He
was sentenced to a residential drug treatment program to be followed by pro-
bation. Steiger represented the defendant.
Zabielski, Michael: Charged with aggravated assault with a deadly weapon
and stalking. The defense filed a motion for pretrial release or reasonable bail
and the State filed a motion for pretrial detention. Hearing continued until
January 5, 2001. Sanders represented the defendant.
Melton, George: Charged with lewd and lascivious assault or act and battery.
Motion for pretrial release or reasonable bail was denied. Steiger represented
Rogers, Clayton G.: Charged with aggravated battery with a deadly weapon/
VOP. A motion to set bail was granted and he was released pending a further
hearing. He is to submit to random urinalysis and has a curfew of 5:00 p.m.
to 6:00 a.m. unless accompanied by his parents. J. Gordon Shuler repre-
sented the defendant.
Fedd, Jermaine: Charged with possession of a firearm by a convicted felon.
The defendant entered a plea of no contest and was adjudicated guilty. He
was sentenced to one year in the County Jail with credit for time served. He
was placed on Community Control with the condition that he reside in Gulf
County, submit to random urinalysis and to have only peaceful contact with
Franklin Bulletin Board
from Page 7
the class is not filled.
March 15-The Career Center and
Counseling Center of Gulf Coast Com-
munity College has scheduled several
transfer forums as follows: Thursday,
March 15 at 2 p.m.-Math Sciences
Room 147 Wednesday, March 21 at
10 a.m.-Math Sciences Room 147
Tuesday, March 27 at 5:30 p.m.-
Math Sciences Room 146. Each forum
will provide general transfer informa-
tion, including career choices, trans-
fer tips, foreign language require-
ments and prerequisites. For addi-
tional information, please contact
Melissa Lavender at 747-3211, Kelvin
Faison at 747-3201, Suzanne Gavem
at 872-3855, or Leigh Bailey at 769-15
5 1, ext. 486 1.
March 17-St. Patrick's Day.
March 17-Keep Franklin County
Beautiful is sponsoring a county-wide
cleanup for Saturday, March 17.
Rainout date is March 24. To volun-
teer, please call 927-4326 or e-mail
firstname.lastname@example.org and remember
they need your help. Many hands
make light work.
March 17-Blountstown: "Yesterday's
Tomorrows: Past Visions of the Ameri-
can Future," a new exhibit from the
Smithsonian Institution, will have its
Florida Grand Opening at the Pan-
handle Pioneer Settlement in
Blountstown on Saturday, March 17,
at 2 p.m. The exhibit is sponsored by
the Florida Humanities Council and
will be on display Tuesday through
Saturday from 9 a.m. to 4 p.m.
through April 21. Linda Smith of the
Settlement said, "This is a chance for
Blountstown to really shine. This ex-
hibit won't be in Tallahassee or
Panama City. If you want to see it,
you've got to come to Blountstown.
Many special activities are scheduled
around the exhibit. For further infor-
mation and to schedule group visits
call 850-674-3050. Teachers are es-
pecially urged to schedule field trips
early. During the past 100 years,
Americans have envisioned the future
as a kind of technological utopia.
From ray guns to monorails, from
nuclear-powered cars to waterproof
living rooms that could be cleaned
with a garden hose, American expec-
tations about the future centered
around rapid, breathtaking advances
in science and technology. By exam-
ining films, toys, communities, trans-
portation, advertising and other ma-
Veterans Honored In Apalachicola
By Tom Campbell
An impressive program to honor
American Veterans was held the
last Saturday in February at Bat-
tery Park in Apalachicola. Veter-
ans' groups from Franklin, Gulf
and Wakulla Counties were rep-
resented, including Regular Vet-
erans' Association Post 363 of
Wakulla County, American Legion
Post 82 of Lanark Village, Ameri-
can Legion Post 116 of Port St.
Joe, American Legion Post 106 of
Apalachicola and Carrabelle
American Legion Post 169.
Others represented were Camp
Gordon Johnston Association,
AMVETS Post 107 of Carrabelle,
Viet Nam Veterans' Association of
Apalachicola, VFW Post 4538 and
8285 of Wewahitchka, and VFW
'Post 10069 of Port St. Joe.
Tables were set up for those in-
terested in joining the U.S. Armed
1The United States Air Force Band
of Mid-America entertained the
group of about 200. On the pro-
gram, among other musical de-
lights, were "Fanfare for the Com-
mon Man" by Aaron Copland and
"Go The Distance" from Hercules
by Alan Menken.
The United States Air Force Band
of Mid-America is the principal
musical ambassador of Head-
quarters Air Mobility Command.
Its roots reach back to 1942.
This diverse group of musicians
has a heritage of performing many
styles of music for people from all
walks of life. The band plays more
than 400 engagements each year.
The United States Air Force Band
of Mid-America is composed of 60
The program in Battery Park in
Apalachicola was presented by
Gulf State Community Bank and
the Veterans Organizations of
Franklin, Gulf and Wakulla
SLester Loves Ester
By Earl McKinley
Lester's belly skimmed the water of the placid gulf bay.
Head bent down, beak in the water hoping for a fish jus to start his
The rising sun, this breeding time of year, signaled the need of a fish
to be caught.
Every muscle of his body was taut; and his mind was focused on
Ester whose love he sought.
You see, Lester had fallen for Ester, and a fish he needed for her to
Zap, into his beak he closed upon a silvered, shaking fish that he did
He tipped his wings and toward the sandy shore, the fish his head
was a shaken clear to the core.
Lester landed right in front of Ester, dropped the fish and said, "Do
you want one more?"
She stood, ate that fish and smacked her tongue around her long red
Poor Lester was so smitten with Ester that his knees grew weak.
Ester faced Lester: they flapped their wings, shrieked above the wind
and began to dance as if for fun.
They stopped and then as birds they became one. The complex act of
love was done.
My prayer for you is if you see a Lester swoop low across your car's
path you will slow.
To allow Lester, a lesser tern, to glide onward toward the bay to find
another fish for another day.
trial evidence from the late 19th
through the late 20th centuries,
Yesterday's Tomorrows offers the op-
portunity to observe how ideas of the
future from the past shed light on the
values and attitudes of the time.
Yesterday's Tomorrows will travel on
to Madison April 29 through May 27
and then to Monticello June 2 through
July 1. To find out more, contact the
Florida Humanities Council at 599
2nd Street South, St. Petersburg, FL
33701, 727-553-3802 or dreddy@
flahum.org or visit our web site at
March 17 25-Franklin County
Schools Spring Break.
March 23-College of Law symposium
at FSU Law of Presidential Elec-
tions-Issues in the Wake of Florida
2000, 'featuring the nation's top law-
yers and experts, including panel dis-
cussions. State Election Law and
Presidential Selection, etc. 8:30 a.m.
to 5 p.m. at 101 B.K. Roberts Hall.
March 24-Air Show March 24 and
25 is free and open to the public with
free parking and shuttle bus trans-
portation provided to the flightline
show area. United States Air Force
Aerial Demonstratiori Team, the
Thunderbirds, bring their special
brand of high-flying aerobatics to
Team Tyndall for the annual Gulf
Coast Salute. "We've got something for
everyone," said Major Dave Green,
Gulf Coast Salute Chairman. To see
how this year's events are shaping up,
check out the Gulf Coast Salute web
site at: http://gulfcoastsalute.
March 26-Franklin County Schools
Resume after Spring Break.
March 26 30-Gulf of Mexico Fish-
ery Management Council will take fi-
nal action on a Charter Vessel/
Headboat Permit Moratorium amend-
ment after hearing public testimony.
Public testimony on this issue is
scheduled from 8:45 a.m. to 4 p.m.
on Wednesday March 28, 2001. Per-
sons testifying must register before
the start of the testimony period. For
more information phone (813)
March 27- 28-The Panhandle Play-
ers will conduct a talent search at
Dixie Theatre in Historic Apalachicola
at 7 p.m. They'll be searching for vo-
calists who would like to participate
in upcoming musical productions. All
ages are welcome. No experience nec-
essary. Phone 653-3200 for informa-
April 7-Panhandle Players and Dixie
Theatre co-present the musical "Kiss
Me Kate" performed by the local
Wakulla Community Theatre Group at
8 p.m. at the Dixie Theatre. Call Dixie
Theatre at 653-3200 for further infor-
mation on this performance.
April 7-Sopchoppy Worm Gruntin'
Festival-Downtown 8 a.m. until mid-
night For information call 962-5282.
April 13 16-Franklin County
Schools Easter Spring Break.
April 21-Antique Car Club Race-
Panama City to Apalachicola. Phone
April 28-10th Annual Carrabelle
Riverfront Festival with Arts, Crafts,
Food, Music and Entertainment. For
more info, phone 697-2585.
April 28-Historic Apalachicola An-
tique and Classic Boat Show-Down-
town Apalachicola. For more info,
May 5--th Annual Spring Tour of
Historic Homes (Benefits Historic
Trinity Episcopal Church Restoration
and Preservation Fund) in Apalachi-
cola. Phone 653-9419.
(Above) Senior officer present, General Bobby Howell and
L. Col. David Butler. (wide view, below) L. Col. David Butler
addresses the crowd and the U.S. Air Force Band of mid-
America in Battery Park, Apalachicola.