Title: Franklin chronicle
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Permanent Link: http://ufdc.ufl.edu/UF00089928/00277
 Material Information
Title: Franklin chronicle
Physical Description: Newspaper
Language: English
Publisher: Russell Roberts
Publication Date: February 17, 2006
Copyright Date: 2006
 Subjects
Spatial Coverage: United States -- Florida -- Franklin -- Apalachicola
Coordinates: 29.725278 x -84.9925 ( Place of Publication )
 Record Information
Bibliographic ID: UF00089928
Volume ID: VID00277
Source Institution: Florida State University
Holding Location: Florida State University
Rights Management: All rights reserved by the source institution and holding location.

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Volume 15, Number 4 A LOCALLY OWNED NEWSPAPER February 17 March 2, 2006


Court reserves jurisdiction to determine
Applebee's entitlement to attorney's fees and
costs

North Florida Medical

Centers, Inc. Claim for
Injunctive Relief Against
Larry Applebee, Physician
Assistant, Denied

Claim for Damages Against Larry Applebee And
Attorney's Fees And Costs Also Denied
The plaintiff in this Second. Circuit civil litigation was North
Florida Medical Centers, Inc. against Defendant Larry Applebee,
where North Florida Medical Centers sought injunctive relief
against Applebee together with damages, costs and attorney's
fees. Circuit Judge William L. Gary denied North Florida the
injunction and their attorney's fees and costs. He did reserve
jurisdiction to determine Mr. Applebee's attorney's fees and
costs.
The background of this case was contained in Judge Gary's
written opinion, as follows:
Plaintiff and Defendant entered into Uniform Mid-Level Pro-
vider Agreement on November 25, 2003, with the effective date
of the agreement being November 1, 2003. Plaintiff by letter
dated May 26, 2005, terminated Defendant's employment pur-
suant to Section 3.2.1 of the Provider Agreement which pro-
vided that Plaintiff could terminate the agreement dining the
first two (2) yeas of employment without notice. Plaintifffur-
ther advised Defendant that post-termination conditions re-
mained in effect and that Defendant would not be responsible
for repayment of relocation expenses, CME expenses and li-
censure expenses.
Defendant thereafter became employed by Doctors Shezad
Sanaullah and Helen Nitsios in Apalachicola, Florida, and at
Weems Hospital which is also located in Apalachicola, Florida.
Plaintiff in seeking injunctive relief and damages relies on Para-
graph S of the Provider Agreement which provides, in part:
"...Therefore the Provider expressly covenants and agrees that
he/she will not during the term of his/her employment with
NFMC and for a period of two (2) years immediately following
the termination (for any reason).of his/her employment with
NYCM, directly or indirectly own, manage, operate, control, be
employed by, participate in, or be connected in any-manner
with the ownership, management, operation or control of any
medical services business, or contact any patient of NFMC for
the purpose of providing medical services,.within the primary
and secondary, markets of the Providers primary practice lo-
cation. The primary market'is defined as the physical bound-
aries of the zip code in which the primary practice is located.
Secondary markets are defined as the physical boundaries of
any zip code other than the primary market from which NFMC
patients travel to receive medical services."


Inside This Issue
12 Pages
North Florida Medical Lawsuit........................1, 12
St. Marks Lighthouse ............L.......................... 1, 6
Wakulla Fishermen Litigation........................... 1, 3
County Churches ............................................... 1
Franklin Briefs ...........................................2, 3
Editorial & Commentary .................................3, 4
Book Review ......................................................5
Draft Bylaws for Weems Hospital........................ 7
FCAN ............................................... ............. 8
Business Card Directory .................................... 9
Carrabelle Excerpts ..................................... 10. 11
Arm yBand .................................................... .. 12


Wakulla Fishermen File
For Rehearing In
Litigation Against Florida
Fish And Wildlife
Conservation
Commission

Circuit Judge Janet F Ferris Ruled against commercial
fishermen in a lawsuit they filed challenging net fishing
regulations
Fishermen's brief claims the Judge "gravely
mischaracterized" their arguments, "...misinterpreted
the facts, misapplied the law, and failed to consider
Plaintiff's true argument..."


A Report and
Commentary
By Tom W. Hoffer


The Wakulla Fishermen have
refiled a motion for Rehear-
ing on February 13, 2006 fol-
lowing Judge Janet Ferris's
Denial of their claims chal-
lenging the net regulations
created by the FFWC (Florida
Fish and Wildlife Conserva-
tion Commission)
The case is a continuation of
litigation against the FFWC
filed in the Second Circuit
Court in July 2005 by The
Wakulla Commercial


Continued on Page 12


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Fishermen's Association ana
Ronald Fred Crum.
In their brief for rehearing,
filed by attorney Ron Mowrey,
(Tallahassee and Crawford-
ville), the Fishermen Plaintiffs
claim:
The Amended Complaint, filed
on July 28, 2005, contains
four counts: Count I, for a
declaration that certain of
Defendant's rules are uncon-
stitutional; Count II, -for in-
junctive relief; Count III, an
"action" asserting that those
'rules : were "impropgetly.
adopted"; and Count IV, an
"action" to declare the rules
"unconstitutional as applied."
Essentially, Plaintiffs seek a
declaration, presumably un-
der Chapter 86, that
Defendant's rules 68B-4.002,
68B4.00SI, and 683-39.0047,
F.A.C., are invalid in that they
violate the Florida Constitu-
tion. Counts II, III, and IV are
merely reiterations of; and
supplemental to, Plaintiffs'
contentions about the uncon-
stitutionality of the rules, and
injunctive relief was at least
initially sought to enjoin en-
forcement of those same
rules...
The rules at issue prohibit the
use of nets with meshes
greater than two inches
stitched; define gill and entan-
gling nets; and limit the gear
available to mullet fishermen
to a specified list. That list of
gear does not include a net the
Plaintiffs seek to use, which
is called the "hybrid" net.
Plaintiffs assert that these
rules violate Article X, 16;
.Article 1, 9; and Article LI,
7 of the Florida Constitution)
113 Count III, Plaintiffs also
claim that the rules "violate"
the provisions of two statutes:
Section 370.093, Fit Stat.,
which is entitled "illegal use
of nets," and various subsec-
tions of Section 370,025,
which purports to de5ne cer-
tain policies and standards
applicable to marine fisheries.
Plaintiffs are an organization
of fishermen based in Wakulla
County and an individual
Plaintiff, Ronald Fred Crum.
The Defendant, the Florida
Fish and Wildlife Conserva-
tion Commission is an agency
of the State of Florida created
and empowered to act
through Article IV, 9 of the
Florida Constitution. The
Constitution has established
the Commission as the body
that "shall exercise the regu-
latory and executive powers of
the state with respect to wild
animal life and freshwater
aquatic life, and shall also
exercise regulatory and ex-
ecutive powers of the state
with respect to marine life."
Because the Commission's
actions are not reviewable
under the Administrative
Procedures Act, a Commis-
sion rule is "tantamount to
a legislative act"...
The Commission is there-
fore vested with exclusive
legislative authority to
adopt reasonable rules to
regulate marine life in this
state, and the legislature is
constitutionally prohibited
from adopting Statutes in
conflict with such rules...
Continued on Page 3


PHOTO BY GERI MOORE
The St. Marks Lighthouse
In the 1820's, St. Marks, Florida was considered an
important port of entry. The town served as a port
for the prosperous planting region of middle Florida
and some of the counties in Southern Georgia.
Growers brought their crops down to St. Marks and
they were loaded aboard boats for shipment to New
Orleans. However, in many places both the bay and
the St. Marks River were shallow and it was not
uncommon for boats to run aground. Finally on May
23, 1828 the U.S. House of Representatives passed
an act that authorized $6,000 for the construction
of the St. Marks Lighthouse.


St. Marks National
Wildlife Refuge And
Lighthouse
By Geri Moore
When Hernando de Soto and his army of 600 men arrived in
Florida in 1539, little did he know that the banners he hung in
the trees to clearly mark the entrance to the St. Marks river,
would become a beacon of light for mariners through the ages.
The St. Marks Lighthouse is now a National Historic Site and
it is located at the end of the County Road 59 that winds its
way down through saltwater marshes and tidal creeks, with
abundant wildlife everywhere. This road passes through part
of the St. Marks Wildlife Refuge and will charge all of your
senses. If you are a bird watcher, this place is-the place to
visit. The refuge is a wintering habitat for migrating birds and
home to over 250 species, so bring your spotting scope and
cameras outfitted with a good zoom lens! St. Marks Refuge is
the only major Canada goose wintering area in Florida. The
seasonal rotation brings about marked changes in both the
species and abundance of birdlife. Shore birds are most abun-
dant during late spring and early fall. Songbirds will arrive in
the early spring, around April and brighten up the refuge with
their bright colors and songs. There is a wonderful website
online that lists all of the birds, when they visit St. Marks and
even a check list at the bottom for you to mark the birds you
have seen. The online website can be found at: http://
www.npwrc.usgs.gov/resource/othrdata/chekbird/r4/
stmarks.htm
St. Marks Wildlife Refuge was established in 1931 to provide a
wintering habitat for migratory birds and waterfowl. It is one
of the earliest such area acquired by the Government for con-
servation purposes and encompasses over 68,000 acres spread
out between Wakulla, Jefferson and Taylor counties along the
Gulf Coast of northwest Florida. St. Marks Wildlife Manager,
Joe White, enthusiastically brought about changes in the for-
est management practices that had been more economic than
environmental. "It took about 15 years to divert from the For-
est management program to one that favors the ecosystem",
said White, "and now the Forest Service is trying to change it's
practices too."
Continued on Page 6


County Churches Still
Responding To Dennis/
Red Tide Victims
Now that most federal, state, county agencies and the Red
Cross have declared an end to their Hurricane Dennis and red
tide disaster assistance efforts in Franklin County, the county's
mainline Christian churches continue to respond as they have
throughout history in past county disasters.
In this report to the people, ,we the Catholic (St. Patrick/Fr.
Roger Latosynski;.The Martin House/Sr. Sheila Griffin), Epis-
copal (Trinity/Rev. Martha Harris/Deacon Kay Wheeler), and
United Methodist (Apalachicola/Rev. JeffTate; Eastpoint/Rev.
Julie Stephens; St. George Island/Rev. Ray Hughes) churches
are pleased to announce that, to date, more than 700 persons
have benefited from more than $265,000 committed to direct
cooperative financial and/or other humanitarian assistance
efforts. Our ability to respond has depended upon our Catho-
lic, Episcopal and United Methodist state and national chari-
table agencies as well as private donations.
Immediately following Hurricane Dennis, this cooperative
Christian effort responded with cases of fresh water, flood
buckets/cleaning supplies, medical kits, baby supplies, cloth-
ing, bedding, etc., and then subsequently with counseling and
financial assistance involving rent/mortgage payments, util-
ity bills, medical prescriptions, transportation, and more re-
cently with Christmas food vouchers. Based on the liriited
statistics available, more that 70% of those requesting assis-
tance were from low income families, and more than 50% of
all applicants indicated they were either uninsured or
underinsured. Interestingly, more than 34% of all applicants
reported they were not members of any church, 40% claimed
membership in one of the county's many Pentecostal/Holi-
ness churches, 16% claimed they were Baptist, and just 10%
stated they were members of the sponsoring Catholic, Episco-
pal or United Methodist denominations. Geographically, 52%
of all applicants were from Apalachicola, 45% from Eastpoint,
and the remainder from Carrabelle.
Through this cooperative Christian humanitarian effort these
past few months, Franklin County's Catholic, Episcopal and
United Methodist churches now have in place a coordinated
and trained disaster response team prepared to address in
part the County's future needs. Thus this private sector group
contributes a significant long-term element to Franklin
County's emergency management infrastructure.
Our efforts to provide financial assistance to those affected by
Hurricane Dennis and the red tide will continue, for we cur-
rently have documented unmet needs of more than $75,000.
Until further notice, applications for financial assistance will
be received Mondays, 10:00 a.m.-noon and 1:00-4:00 p.m. at
the First United Methodist Church, 75 5th Street in
Apalachicola.
For more information contact: The Rev. Dr. John D. Sink,
Franklin County UMCOR Coordinator at 323-0718.


Centuv,
21


. .-V


" aim









Page 2 17 February 2006


A LOCALLY OWNED NEWSPAPER


The Franklin Chronicle


Franklin

Briefs

February 7, 2006

Present: Chairperson
Cheryl Sanders;
Commissioner Jimmy
Mosconis; Commissioner
Bevin Putnal;
Commissioner Noah
Lockley, Jr. and
Commissioner Russell
Crofton.

Solid Waste and
Recycling, Animal
Control
Van W, Johnson made the fol-
lowing report to the Commis-
sioners:
On January 20, the Sheriff
Department called out Animal
Control Officers to remove ten
bull dogs from an
Apalachicola resident follow-
ing the arrest of the dog's
owner. Seven of the dogs were
scarred and a local veterinar-
ian has confirmed that they
had been used for baiting. In
the interest of public safety, I
am requesting Board approval
to allow the County Attorney
to petition the Courts for cus-
tody of the animals. Dogs
used for fighting are more
likely to attack humans and
other animals while being
unprovoked.
Mr. Johnson presented the
report from Dr. Hobson
Fulmer.
Apalachicola Bay Animal
Clinic
187 Highway 98
Eastpoint, FL 32328
Hobson Fulmer, D.V.M.
Between 1-23-2006 and 1-31-
20061 saw a total of 7 dogs
presented to me for evaluation
by Margaret Barber, A
Franklin County Animal Con-
trol officer.
Dog # 1 Tan female with blaze
on face. Noted numerous
scars on face feet and legs.
Also dental disease, ear infec-
tion and a heart murmur In-
juries consistent with fighting.
Dog #2 solid brown female.
Note numerous bite wounds
to ears (recent events) scars
on face, legs, feet, shoulders,
dental disease ear infection.
Aggressive toward other dogs
in clinic. Wounds consistent
with fighting. -
Dog #3 Tan Male. 2 minor
scars on face. Physical exam
unremarkable otherwise
Dog #4 Male, red with white
face/chest. Febrile, bite
wounds to face and front legs.
Ear infection, dental disease.
Wounds consistent with fight-
ing.
Dog #5 Male White/Brindle.
Recent and old bite wounds
to face, ears, trunk and front
legs. Ear infection. Injuries
consistent with fighting.
Dog #6 Female Black with
white blaze. Note one bite
wound to forehead, fresh.
Dog #7 Female Tan with white
tips of toes. Young adult, ear
mites, skin infection between
toes. Ear infection. No bite
wounds found.
Hobson Fulmer D. V.M.
ACTION REQUESTED: Mo-
tion to authorize the County
Attorney to petition the Courts
for custody of the ten bull
dogs picked up by Animal
Control Officers.
The Board approved the rec-
ommendation.

Debris Accumulation on
New School Site
FOR BOARD ACTION: The
Franklin County School Dis-
trict is requesting that the
Board waive the tipping fee for
debris that has accumulated
on the new consolidated
school site. There are vast
amounts of debris that needs
removing in order to prep the
site for construction. ACTION
REOUESTED: Motion waiving
the tipping fee for debris re-
moved from the new consoli-
dated school site as requested
by the Franklin County
School District. The Board
approved.

Carrabelle Park Update
FOR BOARD ACTION: The


time allotted to expend the St.
Joe Community Foundation
grant to aid in the construc-
tion of the Will S. Kendrick
Sports Complex, expired on
December 31, 2005. I have for
the Boards approval and the
Chairman's signature a letter
and a construction schedule
requesting an extension of
those grant funds. I am're-
questing approval for the ex-
ecution and submittal of the
documents. ACTION RE-
QUESTED: Motion approving
the Chairman's signature and
submittal of documents re-
questing an extension of St.
Joe Community Foundation
grant funds. The Board ap-
proved.


MILLSTONES:
County crews have completely
grubbed the site with 85 per-
cent of the 49-acres cut and
filled. Survey crews from
Preble-Rish have established
the elevation for final grading.
We have purchased sports
clay for the ball fields and
bleachers and scoreboards.
*We have obtained an estimate
for lighting the fields and the
City of Carrabelle has agreed
to supply the complex with
wafer and sewer. Temporary
site signage has been com-
pleted and an official ground
breaking is in the planning
stage. ,

IFAS Extension
Extension Agent Bill Mahan
made the following report to
the Commissioners:
ISSC 2006 Membership: At-
tached, please find a copy of
Ken Moore's memorandum on
the 2006 ISSC membership.
If you have any questions
about membership of the
committee list please let me
know. The Board approved
membership.
ISSC Spring Meeting: The
ISSC's Spring Meeting is
scheduled for April 5-7, 2006
in Salt Lake City, Utah. Meet-
ings will be held for the Vibrio
Management Committee, Vv
Education Subcommittee, Vibrio
parahaemolyticus Subcom-
mittee,. Vv State Facilitators,
and the Executive Board.
Gag, Red & Black Grouper
Update: The commercial grou-
per fishery for gag, red &
Black grouper will dose Feb-
ruary 15 March 15 in the Gulf
of Mexico federal waters. In
addition during the closure,
the recreational bag and pos-
session limits for gag, red &
black grouper aboard vessels
which have been issued a
valid federal commercial Gulf
reef permit is zero.
Seafood Workers Association
Elections: The Seafood Work-
ers Association met last week
and elected new officers. Rob-
ert Millender was elected
President, Johnny Richards
was elected VP and Katie
Green was elected Secretary/
Treasurer.
Gulf Coast Oyster Industry
Council: This week Grady
Leavins, Tommy Ward,
Smokie Parrish, Dave McLain
and Dr. Steve Otwell are in
Washington, D.C. to work
with members of the Gulf
Coast Oyster Industry Coun-
cil to request hurricane recov-
ery funding to help rebuild the
Gulf-wide oyster'industry..'
RESOLUTION -.....
OF APPRECIATION
FRANKLIN COUNTY
BOARD OF COUNTY
COMMISSIONERS
WHEREAS, Apostle Shirley C.
White came to Apalachicola
over 35 years ago, and
WHEREAS, Apostle Shirley C.
White has selflessly served the
community of Apalachicola
and Franklin County for 27
years in conjunction with her
ministry at The Love and War-
ship Center Church, and
WHEREAS, Apostle Shirley C.
White has recently left the
position of pastor of The Love
and Worship Center Church
to assume the position of Gen-
eral Overseer of the Love Cen-
ter Ministries, Inc., and
WHEREAS, Apostle Shirley C.
White's wisdom, compassion,
and dedication will be sorely
missed locally, but will be ap-
preciated by a much larger
community in her new posi-
tion,
NOW, THEREFORE, BE IT
RESOLVED THAT THE
FRANKLIN COUNTY BOARD
OF COUNTY COMMISSION-
ERS congratulates Apostle
Shirley C. White on her new
position of responsibility and
gives her our best wishes on
er new endeavor.
This Resolution of Apprecia-
tion adopted by the Franklin
County Board of County Com-
missioners this 7th day of
February 2006.
By: Cheryl Sanders, Chair-
man
Attest: Marcia M. Johnson,
Clerk

Director of
Administrative Services
.Alan Pierce made the follow-
ing report to the Commission-
ers:
Inform Board that the DOT
has responded to Board re-
quest for improvements at in-
tersection of US 98 and SR 65.


According to Ms. Kathy
Gibson, DOT, the following
improvements are going to be
made: Installation of 2 Over-
sized Stop Ahead signs, one
Oversized Stop Sign, Rumble
Strips, and one Dead End sign
with reflector panels.
The Board was informed that
a County incentive grant was
submitted to DOT for widen-
ing CR 67 from Carrabelle city
limits to Liberty County line,
and raising the approaches at
Pine Log Bridge. Estimated
costs of improvements is
$2,287,000.00.


The Board approved raising The Board accepted Preble-
the speed limit on CR 67 to Rish Engineer's recommenda-
45 mph and Cora Mae Road tions on test results on new
back to 45 mph. Request sub- road construction and have
mitted by the City of Cunty Attorney release Let-
Carrabelle. ters of Credit. Subdivisions
accepted are: Kelly's Landing,-


The Board approved Carra-
belle Ventures, LLC to pay for
the last section of River Road
to be extended into The Re-
treat at Three Rivers consis-
tent with county road stan-
dards.
The Board approved a list of
$706,242 worth of improve-
ments requested to be made
at Weems Hospital. The re-
quest will be submitted to
Congressman Boyd's Regional
Health Care Committee, on
which Commissioner Lockley
sits. The list of improvements
was provided by the Hospital.
The Regional Health Care
Committee meeting will take.
place in Tallahassee on Feb.
13, and the county request
will be competing-with other
requests from other sur-
rounding counties.
Inform Board that AHCA has
provided a revised Hospital
License to January 1, 2006,
which is the date consistent
with when the county took
over the Hospital. The county
has also submitted a request
to Florida Medicaid for a
change of ownership.
Mr. Wolff was present to re-
port on the status of the Hos-
pital and to present to the
Board the proposed by-laws
for the Hospital Board.
Ms. Gayle Dodds is here to
speak on behalf of the Health
Council and to request the
Board replace some members
and expand the Board to in-
clude a few additional mem-
bers. These are the changes:
Recommend Dr. Miniat to re-
place Dr. Sanaullah for the
physician seat; recommend
Skip Chormicle to replace
Maria Crump for the ambu-
lance provider seat (Emergystat);
add a representative from Big
Bend Hospice; and a repre-
sentative of the hospital staff;
which at this time is Pat Kelly,
Director of Nursing. The
Board approved the recom-
mendation.
The Board was provided with
a copy of grant request by the
City of Apalachicola to the
DEP State Revolving Loan
Program for funding for a
wastewater re-use system. It
appears the City is asking for
$16 Million dollars to build
system. The county has an
opportunity to comment if it
would like. The county has no
role in the construction or
operation of system so it is
strictly the discretion of the
Board if it wants to make any
comment.
The Board approved a resolu-
tion to turn over the Battery
Park Marina Improvement
Grant to the City of
Apalachicola. The Grant is
entirely in the City and needs
to be managed by the City.
The City could have been the
applicant but for some reason
I was under the impression
that the county had to apply.
The Fish and Wildlife Com-
mission have confirmed that
the City can be responsible for
the Grant so long as the Board
transfers it by Resolution.
Board action.
Inform Board that Michael
Shuler and I met with Ms.
Helen Sporhrer and her attor-
ney, Barbara Sanders, regard-
ing the possibility of the
county enacting a public ac-
cess channel with Mediacom
through Ordinance 95-3, Sec-
tion XI. Staff will continue to
research issue and report
back.
At a meeting in November,
Board authorized Mr. David
McClain to assist in collecting
oyster meat samples for a
separate test of Red Tide. As
part of that test, Mr. McClain
contacted Dr. Livingston and
he assisted in the collection
and analysis of the Red Tide.
He has requested payment of
$300 for his efforts. The Board
approved the payment.
The Board approved a resolu-
tion on Travel and Per Diem
Policy consistent with IRS
guidelines. This is recom-
mended so that county em-
ployees and commissioners
who receive travel reimburse:-
ment will not have to report it
as income. This policy will
become effective Feb. 8. It
authorizes 44 cents/mile and
$7, $12, and $20 for food.
The Board approved the FRS
Environmental Remediation
to install a temporary moni-
toring well on Pine St. R-O-W
on St. George Island consis-
tent with DEP guidelines for
the purpose of groundwater
monitoring at the Express
Lane on St. George Island.
The Board was informed that


Mr. Chris Holley, FAC Execu-
tive Director, has responded
to the county's request for
assistance on the Article V
funding issue raised at the
last Board meeting. According
to Mr. Holley, FAC is submit-
ting legislation to correct the
issues raised by the Board.
The Board was informed that
bids will be opened on the
Bluff Road Bike Path on.
March 7 BCC meeting.


New River Run, and St.
SGeorge's Bluff. All of these are
private roads.

Alligator Point
"I met with a group of state
and FEMA representative on
Friday. I am trying to develop
an expeditious path through
state and federal permits to
get some protective barrier for
that part of Alligator Point
road that we are not moving.
At this time it looks like FEMA
will fund emergency sand
berms that will be designed to
be "sacrificial." This means
that the berms will not be per-
manent, and therefore will not
have the same permitting is-
sues. The idea is to get some
more sand down there as soon
as possible."
Every year an audit is per-
formed on the county's finan-
cial records and in cases
where state and federal funds
are involved the audit report
is submitted to the appropri-
ate state or federal agencies
for their review. The audit re-
port for the period ending
Sept. 30, 2004 has been re-
viewed by the appropriate
agencies and a Notice of Man-
agement Decision: Response
to Findings has been issued
to the county. The Board must
respond. The Clerk's Office'
and the Planning Office have
responded to most of the
items, but one item requires
input from the Board. Once
again, the county's revolving
loan program has been cited
by the Dept. of Community
Affairs. County Attorney
Michael Shuler was asked to
respond by letter.
Board action to sign two Joint
Participation Agreement (JPAs)
and Resolutions for the air-
port. The first is a JPA for
$27,000 to rehab runway 13/
31. The second is a JPA to
build a Corporate Hanger/Of-
fice for $636,000.
The Board was informed that
the Planning Office has issued
two building permits, one sev-
eral months ago, and one just
recently, for residential struc-
tures on land that has previ-
ously been discussed by the
Board. The land in question
is some R-4 land on Bluff
Road for which there was dis-
cussion regarding the suit-
ability of boat storage on .the
property: No permits for boat
storage'have beeh issued. The
Board discussed boat storage
on pri-perty ori March l15
2005, and at the time I stated
I would bring the matter back
to the Board "before anything
was approved or a permit was
issued..." The context of that
discussion was about boat
storage and not about resi-
dential uses, but in order to
make sure the Board is aware
of what the Planning Dept.
has done I am now informing
the Board of the two permits
for residential structures.
The Board was informed that
the United Way has kicked off
their fund raising campaign.
Last year United Way raised
$10,000 but allocated
$13,000 in Franklin County.
Additionally, the'United Way
worked with the American
Red Cross to provide some
$95,000 of assistance to sea-
food workers. I have bro-
chures and pledge forms for
those interested in contribut-
ing.
Board action to approve a
Resolution of Appreciation for
Ms. Shirley White for her ser-
vice to the community.

Clerk of Court
Marcia Johnson informed the
Commissioners that total pay-
roll and operating expenses,
year to date, for Weems Hos-
pital, have totaled
$401,192.15. Payroll expen-
ses have totaled $279,743.54.
The breakdown was as fol-
lows:


February 7, 2006

By Richard E. Noble

Bids on Boat Ramp
There were two bids on the
boat ramp which will be a river
access boat ramp at the north
end of Bluff Rd. in
Apalachicola the old Box "R"
Ranch. Property donated by
St. Joe. One was from DCL
Civil Contractors and the
other was from Randell
Teddar Construction. The bid
from DCL Civil Contractors -
was $198,582. The bid from
Teddar Construction, of Ocala
Fl. was $130,000. Teddar
Construction will get the con-
tract.

Public Hearing Richard
Dowden Carrabelle
To refresh your memory: At
the previous county commis-
sion meeting Mr. Watkins, the
lawyer for the Dowdens, had
made a request to construct
a single family dwelling within
the Critical Habitat on prop-
erty described as a 1.32 acre
parcel lying in section 18
Township 7 South, Range 4
West, 570 River Road,
Carrabelle. Richard Dowden
owner. The Advisory Board of
Adjustment had voted to deny
this request. The issue had
been discussed and then
tabled
The question before the Board
remained: Did Mr, Dowden
have the right, via an exemp-
tion from the County, to build
his desired 2300sq.ft. home
as he had planned, or must
he revise his plans and con-
form to the County's Critical
Habitat Policy of an 1000lsq.ft.
footprint.
A Ms. Peppers, an alleged en-
vironmental expert, had ques-
tioned the legitimacy of the
County's policy. There was
also the question of a DEP
permit allowing Mr. Dowden
to fill in a Critical Habitat
area.
Mr. Steve Watkins explained
that Mr. Dowden had followed
all of the rules; had gone to
the DEP for the proper per-
mitting for his fill and his
building "When he went to
get his building permit (from
the County), after he had got-
ten his septic tank permit, he
was told that he would need
to get a variance from the
Critical Habitat Zone," Mr.
Watkins offered. "At that
point, he was told that there
was a County Policy of an 1000
sq.ft footprint-and that is
where Ithedilenmma cpmesini
If he had known this ahead! of
time, he would not have' re;
quired as much' fll' for .is
footprint and he wouldn't
have spent the money for his
building plans and the extra
fill." Mr. Watkins explained
that Mr. Dowden then went to
the Board of Adjustment and
was refused his 2300 sq.ft.
proposed home and told that
he would have to conform to
the County's 1000 sq.ft foot-
print. "Now a County Policy is
not a County Ordinance There
are no storm water require-
ments as it (proposed 2300
sq.ft. home) currently sits or
with the 1000 sq.ft. require-
ment. He has already put over
one acre into conservation. He
will do whatever the County
requests of him regarding pro-
tecting the wetlands prevent-
ing run-off building bermes
whatever the county wants. In
other words, he will eliminate
the impact that the public
policy is in place to reduce. He
has a letter from his engineers
showing that we can reduce
that impact. We are not ask-
ing the County to change their
Public Policy; we are just ask-
ing the County to make an ex-
ception based on the hardship
of Mr. Dowden. These' were
low quality wetlands ... This
is not going to be an issue in
the future. This is just an ex-
ceptional circumstance here
and we are willing to do what-
ever it needs to make it right."
"Personally I like both of you,"
said Mr. Crofton. "Mr.
Dowden is a nice fellow, but I
think that the policy that the


County has, needs to be main-
tained the way it is with 1000
foot limit for people who are
going into the wetlands. We
have fought lawsuits over this,
The State doesn't have the
setback from the wetlands -
the County does. And the rea-
son the County does have this
setback for as long as it has,
is because of all the seafood
that is caught and distributed.
There are a lot of people here
who rely on it for their income,
The county has been protect-
ing the Seafood Industry in
the Bay for as long as they
could. And to make an excep-
tion means that you are not
going to protect the Bay any-
more-that's what this
amounts to. From what I see,
if we let that go we are just
throwing out everything and
saying that we are not going
to protect the Bay. The
Carrabelle River flows out into
the Bay-the next thing the
Carrabelle River will be gone;
the Apalachicola River will be
gone. We might just give it all
up and then we will all be liv-
ing in an open cesspool-
which I don't want to do. Now
maybe I have exaggerated
somewhat, but that is the rea-
son the county has the fifty
foot setback. It is important
that we maintain the fifty foot
setback. I have a lot of people
in district #1 who rely on the
Seafood Industry for their in-
come, They are looking to me
to protect the Bay and that is
what I am going to have to do."
Steve Watkins defended his
position by stating that he was
not attempting to get the
County to change its Policy.
He was asking for an excep-
tion with the added proviso
that Mr. Dowden would do
whatever else the County de-
manded of him to protect the
environment. He offered the
argument that what Mr.
Dowden had agreed to do, if
granted the exception, would
be far above and beyond what
the 1000lsq.ft footprint was
proposed to accomplish.
The County Attorney agreed
with Mr. Crofton and ques-
tioned the hardship claim pre-
viously made by Mr. Watkins.
A debate then followed com-
paring the Mullis case with
Mr. Dowden's predicament.
The County Attorney then
made a plea for the County
Policy to be enforced and that
no exception be granted in
this case. Mr. Shuler ex-
plained that Mr. Dowden was
not being denied his right to
develop his property. He
would be allowed to build in
accordance with the Policy
(1000lsq.ft. footprint). He
wuild'not' be allowed to con-
inue with his 2300sq,ft plan.
Mr.- Shuler also gave. his ar-
guments as to why any "hard-
ship" involved in this case was
not the responsibility of the
County. "This is not a situa-
tion where Mr. Dowden is be-
ing told that his property is
not buildable it is buildable.
He can build a thousand sq.
ft. and if he wants 2000
sq.ft.-he goes up to a second
story."
"How did it get this far?" asked
Mr. Lockley.
"It got this far because ... I
think ... we did issue a site
permit," explained Man
Pierce. "We do not go out
ahead of time on the sites to
evaluate each and every site."
Mr. Dowden then defended
that he had provided a copy
of his DEP wetlands filling
permit to the County.
"All I can say is that it was in
the files," Mr. Pierce re-
sponded, "...we just didn't
appreciate what it was at the
time."
Dan Townsmiere, Riverkeep-
ers; Gale Dddds, P&Z advisory
board; Ms. Butterworth, pri-
vate citizen and Mr. Allen
Feifer, private citizen, all
spoke in favor of the County
enforcing its present rule and
denying Mr. Dowden his
2300sq.ft. proposed home.

Continued on Page 3


HOSPITAL EXPENDITURE
I I I 4 I


HOSPITALPAYRO L


1/13/2006 Payroll


sing


HOSPITAL OPERATING
TOTAL YTD DATE DESCRIPTION
.26 84,108.26


136.25
102,361.86


279.743.54


0-i


pxenditures


EXPENDITURES YTD
TOTAL PAYROLL
AMOUNT TOTAL YTD ,& OPERATING EXP
84,108.26
13,077.81 13,077.811 190,323.24
39.374.62 52,452.43' 229,834.11
5.040.00 57.492.43;


1,411.74
3.,454.67
595.35
879.25


58,904


83,833.44!


Will S. Kendrick Sports Complex Construction


2005 2006 2007
TASKS Aug Spt Oct Nov Dec Jan Feb Mar Apr May Jun July Aug Sept OC Nov Doe Jan Feb

SITE WORK (Grubbing, CutFil, Sury & Final Grading)

FIELD LAYOUT
PLUMBING (Water & S lewr Stub Out)
ELECTRICAL (Bll Field Lighting)
CONSTRUCTION (Concession Sand. Dugout S&
BackltopIFencndng)
FINAL GRADING & SODDING
PROJECT COMPLETION
LEGEND
PLANNED DURATION
/ ACTUAL DURATION PREPARED BY Van W.0 Johnson. Pars & Recreation Dir 7 eo
DATE: Janury 31. 2006









The Franklin Chronicle


A LOCALLY OWNED NEWSPAPER


17 February 2006 Page 3


EDITORIAL & COMMENTARY


Briefs from Page 2

They all made their protests
with apologies to Mr. Dowden.
Mr. Watkins summed up his
argument by stating once
again that he was not against
the County Policy and that his
client was asking for an ex-
emption not an abandonment
of the entire policy. He then
suggested that if it is the de-
sired intention of the Board to
enforce this policy without
exemption, then the Board
should take steps to change
this policy to an Ordinance.
"We say that this man can
build a house," queried Mr.
Putnal. "But he can't build it
the way he wants to; we are
now going to tell him how he
can build his house? Is that
the way I'm reading this?"
Mr. Shuler then reiterated his
understanding and purpose of
the County's Policy, closing
with the fact that Mr. Dowden
was not being denied his right
to build on his property; he
was simply being restricted.
"He is already giving away half
of his lot as it is to conserva-
tion," offered Mr. Putnal.
Mr. Mosconis then suggested
that Mr. Dowden had agreed
to take other steps to satisfy
his request for an exemption
that more than compensated
for his violation of the County
Policy. The suggestion being
that there was more than one
way to meet the goals of the
intended policy.
The County Attorney then
suggested that Mr. Dowden
not only be required to con-
form to the 1000 sq.ft. Policy
but that he be required fur-
ther to establish the other
safety measures that he had
been arguing to do at his own
expense in compensation for
his requested variance.
"If you try to help this poor
man any more, he ain't going
to be able to build any house
at all," suggested Mr. Putnal.
"I'm just trying to protect the
Bay," offered Mr. Crofton,
"That is the compromise ...
1000 sq.ft. If you don't want
to do that, you can build a
dock on your property you
don't have to build a house.
That's the compromise."
Commissioner Sanders ,then
asked the, Board- to, .make a
decision,. Mr. ,Croftqn recoqm-
mended to deny Mr. Dowden's
request for a variance. There
was no second offered to his
motion.
"Okay Franklin County
Chronicle and the
Apalachicola Times," Mr.
Crofton chastened.
Mr. Mosconis then made a
motion to adopt the County
Policy as an Ordinance. "This
has to be clarified. This has
to be made clear to the pub-
lic. These people here have
been done an injustice, we
need to compromise. We need
to take the recommendation
of our staff but not today.
These people need to be com-
pensated."
Mr. Mosconis's motion to
make the County Policy into
an Ordinance was seconded


by Mr. Putnal and then ap-
proved by the Board without
objection.
On the issue of Mr. Dowden's
variance, Mr. Mosconis ex-
plained his position. "I have
no reason to doubt what Mr.
Dowden has said or what his
engineer has said. This is an
arbitrary number that we
came up with (fifty foot set-
back) there is no such State
law. I can't see that anybody
here has beentrying to pull
the wool over anybody's eyes.
He (Mr. Dowden) went and got
his permit from the DEP for
his fill. The staff has got to
come back here with some
kind of a recommendation for
an exception."
"I think too, Jimmy," offered
Mr. Putnal. "This man can
build his house and it is not
going to affect our Bay one bit.
I can see if you built five thou-
sand of them."
"Which will happen," sug-
gested Mr. Crofton.
"No it won't because we just
passed a law saying that you
can't do it anymore. This was
unclear to this man. It was
unclear to me. But now it is
clear."
Mr. Mosconis then made a
motion that the staff get to-
gether with Mr. Dowden and
his engineers and that some
sort of agreement be compro-
mised. Mr. Putnal seconded
Mr. Mosconis's motion. Mr.
Crofton opposed.
"I am opposed to that motion
because he has already had
the opportunity to build an
1000sq.ft. house and he
wanted a bigger one." The
motion was carried over Mr.
Crofton opposition.

Seafood Feasibility
Study
"This is not a bid that I have
here, it is a request for quali-
fications. What I am recom-
mending to you all is to turn
it right back over to Mr.
McLain and the Task Force to
have them negotiate with this
person-Lampel/Herbert and
Associates, Linda Lampel the
signature name. That group is
the one who has made the
presentation of qualifications.
They are from Tallahassee.
With the approval of the
Board, I would like to turn
this over to Mr.-: McLain: arid
the Task Force.'"A motion was
made to approve Mr. Pierce's
ffqub'st. The fli6tfofi'wa'pl
proved.




Health

Council

Meeting

The Franklin County
Health Council will hold
its regular meeting on
February 16, 2006 at 5:30
p.m. at the Franklin
County Health Depart-
ment. The office is located
at 106 NE 51" Street,
Carrabelle.


,, Mu,,, POST OFFICE BOX 590
.-nib EASTPOINT, FLORIDA 32328
850-670-1687 (OFFICE)
Facsimile 850-670-1685
hw e-mail: hoffer531 @gtcom.net

THE FRANKLIN COUNTY CHRONICLE, INC.
Vol. 15, No. 4 February 17, 2006
Publisher ................... ..Tom W. Hoffer
Director of Operations ......... .Andy Dyal
Contributors .............. .. Skip Frink
Geri Moore
Carol Noble
Richard Noble
Dawn Radford
Advertising Design and
Production Artist .............. Diane Beauvais Dyal
Circulation Associate .......... .Jerry Weber

Citizen's Advisory Group
Rand Edelstein ................... Alligator Point
Karen Cox-Dennis ................ Apalachicola
Skip Frink ......... ............Carrabelle
David Butler ................... Carrabelle
Elizabeth and Jim Sisung .......... Eastpoint
Bedford and Eugenia Watkins ...... .Eastpoint
Barbara Revell .................. Lanark Village
Richard Harper .................. St. George Island

Back Issues
For current subscribers, back issues of the Chronicle are
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postage and handling. For example a 10 page issue
would cost S2.00 postpaid. Please write directly to the
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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 2006
Franklin Chronicle, Inc.


Boyd Decrys Proposed

Cuts In Healthcare

Administration's budget slashes funding for Medicare
and Medicaid
Congressman Allen Boyd (D-North Florida) today criticized the
Administration's 2007 budget for the proposed cuts to Medi-
care, Medicaid and other important healthcare programs. The
President's budget reduces Medicare by $36 billion over the
next five years and by $105 billion over the next 10 years. This
includes cuts in payments to hospitals, skilled nursing facili-
ties and ambulance services and increases in Medicare pre-
miums for certain beneficiaries. In addition, the budget slashes
Medicaid by $13.7 billion over the next five years.
'The Administration's budget makes cuts to the Medicare pro-
gram at a time when seniors, pharmacists and hospitals are
struggling with the new Mede2 are prescription drug plan and
that just doesn't make sense," Congressman Boyd said. "Se-
niors, children and people with disabilities depend on Medi-
care and Medicaid, and these cuts undermine these extremely
beneficial programs."
The President's budget also underfunds the National Institutes
of Health (NIH), our primary center for health research, by
proposing an overall freeze to the NIH budget at the 2006 level,
Additionally, the budget eliminates several key health pro-
grams, including the Preventive Health Block Grant, the
Healthy Communities Access Program, the Emergency Medi-
cal Services for Children Program, and the Universal Newborn
Screening Program.


Wakulla Fishermen
from Page 1


The Commission's rules come
before the court with a strong
presumption of validity and
must be. upheld if they are
rationally of reasonably re-
lated to a legitimate state in-
terest. Because no fundamen-
tal right or suspect class is
involved in this case, the rules
in question will be analyzed
using a rational basis test.
Under this test, the validity of
the rules must be upheld if
"any state of facts may be con-
ceived to justify [them]"...
Further, the Court is not per-
mitted to question the wisdom
or efficacy of the Com-
mission's decisions. Instead,
"...where there is a'plausible'
reason for a legislative enact-
ment, it is constitutionally ir-
relevant whether that reason
in fact underlay [sic] the leg-
islative decision."...
...Here, both the Plaintiffs and
the Defendant have moved for
summary judgment.
The facts :l4so .reveal, thaitin
March,, 2.003, ,... Plaintiff
Ronald Fred Crum petitioned
the Commission for a declara-
tory statement regarding the
legality of the use of the "hy-
brid net" which was con-
structed using meshes three
inches or larger. In that Peti-
tion, Plaintiff Crum argued
many of the same issues
raised here. Citing to the long
history of litigation over nets
and mesh size, and the
Commission's consistent con-
clusion that any rectangular
net with meshes larger than
two inches are considered
prohibited gill or entangling
nets, the Declaratory State-
ment again rejected Plaintiff
Crum's assertion that the two
inch mesh net was unconsti-
tutional or in conflict with
other statutory provisions. In
addition to the "plethora" of
reported appellate decisions
upholding the two inch mesh
rules, the Commission's deci-
sion was based on historical
information about the con-
struction and definition of
nets, scientific research pa-
pers, the similarity of the sub-
ject net to the nets previously
used in the mullet fishery (ex-
cept for the size limit of 500
square feet, the nets were
identical) and the expertise of
the Commission staff. The
Declaratory s Statement was
affirmed by the i1" DCA with-
out an opinion...
...The record in this case also
reveals that subsequent to the
First District's affirmance of
the Declaratory Statement,
the Commission agreed in
2005 to test Plaintiffs' "hybrid"
net The "Net Working Group"
charter established that any


nets tested could not exceed
500 square feet of mpsh and
the primary harvest method of
the net must not be killing or
entangling, The three inch
mesh net was tested to deter-
mine if it harvested fish by
some manner other than by
killing or entangling. The net
was deployed and retrieved in
tandem with a legal two inch
net in the manner dictated by
the fishermen. The data from
this test showed that both the
two inch and the three inch
net gilled similar amounts of
fish. (Publisher's note: the
motion for rehearing disputes
this conclusion. Also, video
demonstrates dispute the
Ferris conclusion.) The three
inch net gilled legal size mul-
let and the two inch net gilled
juvenile mullet too small to be
caught and sold commer-
cially, i.e., fish less than 1
inches. From the information
gleaned during the test, Plain-
tiffs argue that if the three
inch net is a gill net, then the
two inch net also must be a
gill net. They then assert that
if both nets are gill nets, the
Commission's rule allowing
meshes of two inches or less
is therefore unconstitutional.
All nets are unconstitutional,
Plaintiffs argue, because gill
nets arq banned, and because
use-of. the two, inch, net 'will
harmi-the resource by killing
largb numbers of'juverile
mullet. (Publisher's note:
other demonstration clearly
dispute the Ferris conclu-
sion.)
Returning to the two initial
propositions on which the
parties agree, that gill nets are
banned and that all nets gill
marine life, Plaintiffs' argu-
ment leads to a construction
of Article X, 16(b)(l) that
would ban all rectangular
nets. Such a construction of
the Constitution produces an
absurd result, and is clearly
inconsistent with the plain
words and the intent of the
constitutional provision itself.
The Court is compelled to
point out that it is also incon-
sistent with the position Plain-
tiffs have taken in this case
regarding use oi the three
inch mesh net, and flies in the
face of their persistent re-
quests that the Commission
approve the three inch mesh
net. Were this Court to accept
Plaintiffs' argument the Court
would declare that all nets are
prohibited by the Florida Con-
stitution, and that mullet fish-
ing with nets other than hand
thrown cast nets is over. It is
hard to understand why
Plaintiffs have advanced an
argument that is so clearly ad-
verse to the interests of mul-
let fisherman. Such an argu-
ment falls squarely within the
admonition of being careful
about what you ask for, since
finding the rules unconstitu-
tional would not lead to the
conclusion that any net is
therefore available to fisher-
men. The argument is also le-
gally flawed. (Publisher's note:
the same conclusion could be
said for the flawed conclusion
reached by Judge Fen-is.)


Allyn Jasper,
Realtor





Custom built home with
lots of closets and stor-
age with Gulf views
that are second to none. 3 bedrooms and 2 baths. Master
bedroom has a screened porch. Large storage area under
house with a wash station and shower. Home is one year
old. This is a fantastic buy in a great area. Call for an
appointment.


Office: (850) 697-9000
Toll-Free: (800) 613-5962
Cell: (850) 899-0582


'314 St. James Street
Carrabelle, FL 32322
Fax: (850) 697-4311


Email: allynj@florida-beach.com


The Commission was, and is,
required to interpret and
implement this constitutional
provision in a manner that
harmonizes all of its parts and
fulfills the intent of the people
as expressed in its plain lan-
guage, which is to protect the
made fisheries resources of
the.state by banning gill or
entangling nets and limiting
the size of all other nets in the
near shore and inshore waters
of Florida to 500 square feet
or less. In order to accomplish
this goal, the Commission
chose to limit the size of
meshes to two inches. Based
on the previous decisions
from the First District Cot31t
of Appeal. addressing this is-
sue, the Constitutional status
of the Commission, the doc-
trine of primary jurisdiction,
and the record in this case,
this court simply cannot find
the Commission's rules are
irrational, arbitrary, or clearly
erroneous.
Excerpts from Judge Ferris'
opinion rendered February 3,
2006, were as follows:
The function of a motion for
rehearing is to present to the
court matters.which it over-
looked or failed to consider.
See Pigree v. Quaninance, 394
So. 2d 161 (Illa. 1st DCA
1981), citing Diamond Cab.
Co. of Miami v. King, 146 So.
2d 889 (Fla. 1962).
It is clear from the Order that
the Court has gravely
mischaracterized Plaintiffs
Arguments, and has there-
fore overlooked and necessar-
ily did not correctly consider
Plaintiffs evidence and argu-
ments in their case.
The Court bases a majority of
the Order on the contention
that the Plaintiffs believe nil
nets violate the constitution.
This presumption is
entirely false. In light
of this belief the Court
misinterpreted the
facts, misapplied the
law, and failed to con-
sider Plaintiffs true ar-
gument-the Commission
failed its obligation to ratio-
nally and reasonably adopt
rules to implement the Florida
Constitution, specifically fail-
ing to adopt a rule that mini-
mizes killing and the unnec-
essary killing of the resource.
The Court relies on n whati.s
ter rmed a "plethora* of, cae's,,
all in which petitioners sought
judicial validation i-fr a vari-
ety of now-obsolete seine nets
,that the Defendant would not
endorse.
The Court's reliance of these
cases is dependent upon the
incorrect presumption that
the Plaintiffs' motivation in
challenging the constitution-
ality of the Defendants admin-
istrative rules is to gain the
ability to legally use a "hybrid
net."
Plaintiffs' unique case chal-
lenges rules enacted by De-
fendant in July 2005 that defy
the Florida constitution's arid
undermine the state's efforts
in marine resource conserva-
tion and preservation as dem-
onstrated by independent
tests provided to the Defen-
dant and by the Defendant's
own scientific tests.
The purpose behind Plaintiffs'
case is purely to see that
Florida's limited natural re-
sources arc protected as pro-
vided by the state constitu-
tion, and more precisely, that
Article X, 16 of the Florida
Constitution be implemented
in a manner that prevents the
unnecessary killing marine
life in accordance with the
Supreme Court's interpreta-
tion of the amendment in ad-
visory Opinion to the Attorney
Genera-Limited Marine Net
Fishing, 620 So. 2d 997, 998
(Fla. 1993).
At no point throughout this
challenge have the Plaintiffs
requested validation of any
net. Rather Plaintiffs' com-
plaint asked for the
Defendant'S two (2) inch mesh
rectangular net rules be held


I) facially unconstitutional; 2)
unconstitutional as applied to
the plaintiffs; and 3) invalid
for being adopted in violation
of Florida Statutes. Plaintiffs'
Motion for Summary Judg-
ment and Memoiandum of
Law minor the complaint's e-
gal contentions.
The Court's Order states that
agency rules created by the
unique authority of the Defen-
dant can only be invalidated
if they wore irrationally cre-
ated or are clearly erroneous.
The tests undertaken by the
Defendant and Plaintiffs,
which identify for every five (5)
marketable targeted fish
caught in Defendant's two (2)
inch mesh nets seventy (70)
unmarketable illegal juvenile
fish are unnecessarily caught
and killed, and the unim-
peached expert affidavits sub-
mitted by the Plaintiffs in sup-
port of their summary judg-
ment motion show clearly the
erroneous premise and basis
for the rules adopted by the
Defendant.
The Order states that the two
inch and three inch nets gilled
similar amounts of fish. Not
only did the larger mesh net
gill approximately two-thirds
the number of fish as the two
inch net, but the Court over-
looked the significance of the
type of fish gilled. Nearly all
of the fish caught byte larger
mesh net were of legal size
and useable by fisherman
under the law; whereas a sub-
stantial majority of the fish
caught with the two inch net
were unusable juvenile
bycatch that were unneces-
sarily killed.
The Court failed to con-
sider that the Defendant's
own expert biologist,
Brent Winner, stated in
his sworn deposition that
nets that catch largely
unusable juvenile bycatch
are inconsistent with re-
source protection and
preservation and are, in
general, "not a good
thing." See Deposition of
Brent Winner.

The Order also states that
Plaintiffs failed to support
their arguments regarding
Article II, 7 of the Florida
Constitution. Article II,
7(a) of the Florida Consti-
tution reads, "It shall be the
policy of the state to con-
serve and protect its natu-
ral resources ... Adequate
provision shall be made by
law....for this conservation
and. protection of. natural
resources." Plaintiffs pro-,
vided to the Court rpsultsof,
tests conducted by the De-
fendant and independent
scientists that indicate that
the Defendant's two inch
mesh fishing net rule violate
the constitutional policy
mandated in Article II, 7 of
the state constitution.
Plaintiff should be given
the opportunity to develop
these issues through a
trial on the merits to dem-
onstrate the Defendant is
incorrect in its positions
and that this Court seri-
ously erred.

WHEREFORE, Defendant re-
spectfully requests this Court
grant the motion for rehear-
ing on the summary judgment
and schedule this matter for
a trial on the merits.
RESPECTFULLY SUBMITTED
this 13th day of February,
2006.
RONALD A. MOWREY



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Page 4 17 February 2006


A LOCALLY OWNED NEWSPAPER


The Franklin Chronicle,


EDITORIAL & COMMENTARY

S MYTHS AND FACTS ABOUT THE USO


Myth:
"The USO is part of the
Government, isn't it?"
Fact:
No, the USO is not part of
the U.S. Government. We
depend on the generosity of
individuals like you.
The USO is a non-profit
charitable organization,
chartered by Congress.


Myth:
"The USO ... all they do is
entertain the troops, right?"
Fact:
Not at all! Of course,
we're famous for bringing
top-flight entertainment
directly to our troops
...wherever they are!
But the USO also provides
essential and unique services
to support not only our GIs,
but also their families.


Myth:
'The USO, that's something
from World War II... I think?"
Fact:
Although it was first started
in 1941, the USO now
provides critical services
that are as vital today
as they were back then.
For GIs all over the world,
the USO is their "key link"
to home and family.


Please Help The USO

Provide These Services... and More!


like crochet to get it done right. r. Taylor grum-
1i





PHOTO BY GERI MOORE
The hands of Sopchoppy resident, Lambert Taylor,
work steadily sewing the one inch gill net to the
float line. It takes counting and stitching, much
like crochet to get it done right. Mr. Taylor grum-
bles about the one inch mesh net "not being able to
catch more than baby mullet, but now this is the
new law so we all do what we have to do."


For Their Families

Celebrity Education Program
Stars visit kids, too! Whether they're from the
Movies, TV, Music, Sports, or the Arts, we bring
famous people to overseas D.O.D: schools to
meet in-person and to work directly with the
children of military families.
Help Us Reach Out To The Troops!
When you see a GI in an airport, or anywhere,
take a moment to offer your hand and say...
"Thanks! We appreciate what you're doing for
us!"It'll make their day, and you'll be helping the
USO do its job.You can also tell them about the
services listed here.To find out more about USO
Services, or to find the location of our Centers
go to: http://www.uso.org

Overseas Community Centers
When GIs and their families are transferred
overseas, our Community Centers offer libraries
reading rooms, computers, get-togethers ... and
just plain advice; to help them cope with the
difficulties of moving to a strange country and
living in a foreign land.
Childcare Services
When a GI is wounded we can help arrange
for childcare services, to make it easier for
Smom or dad to travel overseas to be with their
Sspouse.They can'then rest assured that'the kids
. at..home are ,safe, and will. be OK until their
parents return home.


For Our Troops
Operation Care Package
You can't buy sunscreen in the desert! We hand
out hard-to-get personal items, toiletries, snacks,
books, CDs ... all the everyday needs that folks
back home tend to take for granted.
Mobile Canteens
If troops can't get to us, we reach out to them!
Our special ATVs go anywhere .with hot coffee,
doughnuts, and Internet access, so GIs can "chat"
and e-mail with friends and family back home.
USO Entertainment Tours
It's what everyone thinks of when they hear,
"The USO." The music has changed over the
years, but we still go right to the Front! So our
troops can hear, "Thank You!" directly, from
America's greatest Stars.
Operation Phone Home
What do our GIs want the most? To phone home!
So we buy and distribute pre-paid phone cards so
our troops can call home fast ... and for free!
Cyber Canteens
Today's version of the fabled "USO Canteen" -
not just coffee and conversation, but also
computers with Internet access, so troops can
"surf the web" or e-mail family and friends any-
where in the world!
S ,, Operation Enduring Care ,
Meeting the special needs of troops wounded in..
the War on Terror, this USO program supplies
clothing and toiletries to injured soldiers and
sponsors "USO Day Rooms" in military hospitals,
where troops can relax and be entertained.


PHOTO BY GERI MOORE
Chris Bennett, of Sopchoppy, works steadily sewing
the one inch mesh gill net to the sink line. He works
with his father-in-law Lambert Taylor to finish up
this gill net for Eastpoint resident, Joe Nichols.


Want to purchase minerals
and other oil/gas interests.
Send details to:

P.O. Box 13557
Denver, Colorado 80201


THE -

FTRUCING

The Waggoners Trucking-Established 1951
Now Recruiting drivers for our SE Auto Transport Division.
Drivers must have a valid Class A CDL,
1 year and 100K verifiable OTR miles.
Stable work history and clean MVR is a must.
Great Pay, Great Benefits,_Matching 401K.
Contact Susan or John at (866) 413-3074 EOE


USO WORLD HEADQUARTERS
PO BOX 96860
WASHINGTON DC 20077-7677
For Credit Card Gifts:
Charge my donation to: O Visa [ MasterCard O American Express D Discover
Account Number: I I I
Exp. date:__ / Signature:
Address Information:
Please make any changes necessary to correct and complete your contact information.'
Name:
Address:
City: State: Zip:
Phone:( ) E-Mail address (if any):
The USO wullprovide you with a "Gift Acknowledgement"for any gift of $10.00 or more.
"Gift Acknowledgements" are for your records and to help you receive yourful tax deduction,


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850-926-5592
Installation
Service
Repair
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Serving Franklin and Wakulla Counties since 1988


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i
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The Franklin Chronicle


A LOCALLY OWNED NEWSPAPER


U C


17 February 2006 Page 5


Realtor Association of Franklin and

SSouthern Gulf Counties

Recognizes Top Prudential Resort Realty Agents


S Prudential
Resort Realty



JEFF GALLOWAY TEAM
TOP PRODUCER, FRANKLIN COUNTY
1ST PLACE TOTAL TRANSACTIONS
1ST PLACE TOTAL SALES VOLUME
PLATINUM AWARD


HELEN SPOHRER TEAM
2ND PLACE TOTAL TRANSACTIONS
2ND PLACE TOTAL SALES VOLUME
PLATINUM AWARD
PATTY DURHAM-PRESIDENT'S AWARD


KARA LANPISS
PLTiNUAr I o WAgbla

-aa~~~~-


ANNA-MARIA CANNATELLA
GOLD AWARD


LADONNA INGRAM
SILVER AWARD


HATCH WEFING
BRONZE AWARD


CHARLIE & SHERRY
BUETTNER
BRONZE TEAM AWARD


JERRY THOMPSON TEAM
3RD PLACE TOTAL SALES VOLUME
PLATINUM AWARD


PANDORA SCHLITT
PLATINUMUM AWARD


MIKE HOWZE
GOLD AWARD


JANICE MCFARLAND
SILVER AWARD


A.4
CHARLES GUNTER
BRONZE AWARD


ALISA RUSHING
BRONZE AWARD
OUTGOING DIRECTOR


G.LD; LRANWDtiLS:, .
GOLD 1WARD .., ,,..; ,.-.; :
a -


STUART WHITE
GOLD AWARD


dii


AL MIRABELLA
BRONZE AWARD



^^ .^ *_ *


S-


SUSAN BASSETT
BRONZE AWARD


JAMEY WEAVER
BRONZE AWARD
PRESIDENT'S AWARD


to divulge at this time, that
Bill has played a big part in
changing the music for Diane
over the years as he has been
"coming of age" himself
I'm sure that you can get a
copy of "The Year the Music
-Changed" at either the
Eastpoint or Carrabelle Li-
braries and any of your favor-
Ite local-bookstores. You can
also go to Diane's web site and
order the book "on line", as
.they say today. Her web site
js \lww.dianecoulterthomas.
com.


The Year

the Music

Changed


By Richard E. Noble
The year the music changed,
according to author Diane
Thomas and many other mu-
sic enthusiasts and musicolo-
gists was 1955. "Ah, I remem-
ber it well as..." Maurice
SChevalier once crooned.
SMs. Thomas was reminiscing
about the year 1955 at the hall
.t' the Eastpoint Fire Station
to a capacity crowd of enthu-
siastic bibliophiles. Most were
a little gray around the edges,
but still bouncing and burst-
ing into a 'Twist' every now
and then as a young man
played Elvis tunes in the
background.
And Elvis was a very appro-
priate choice when you un-
derstand that he was one of
the main characters in Diane
Thomas's latest creation, "The
'Year the Music Changed".
Elvis was, incidentally, also
Sone of the main characters in
actually "changing" the music
in the year 1955 one of the
main 'white" characters, as
M's. Thomas pointed out,
Ms. Thomas, who is a resident
of St. George Island, was pro-
.moting her book in a fund-
raising effort sponsored by the
"Friends of the'Library". Tick-
ets, which included a deli-
cqious buffet lunch and a copy
of "The Year the Music
Changed" sold for $35.00.
.Diane Thomas is a profes-
sional writer who has worked
for the Atlanta Constitution
and Atlanta Magazine.
Ms. Thomas gave a speech
and read excerpts from her
book. Her presentation was
;filled with nostalgia and poi-
,gnant insights and informa-
tive tips for aspiring writers in
'the audience. At one point she
Seven burst, briefly, into song-
which I thought to be very
courageous.
The main character of Ms.
!iThomas's book is a young girl
,who, as Ms. Thomas states it,
was "coming of age". I don't
quite understand that par-
:,iftip;ular.phrase, since I am now
,Ijn. my._sixtieiapd ,feel that I
an still "coming of age" on a
Sanity' ~bsib.m1NeVertheless,
rAchsa, was coming of age, and
as a part of this process she
,heard an exciting new vocal-
ist on her radio. She immedi-
ately dashed off a fan letter
and, surprisingly enough, she
received a response from the
up-and-coming, "rock and
roll" singer, who turns.out to
be, none other than the fifties
heroic figure, Elvis Presley,
This first letter precipitates a
chain of.letters and an ongo-
ing communication between
Elvis and Achsa McEachern.
The letter-writing format,
though well established in lit-
erature, is very difficult to
'master. Diane glides through
'it with-many unique tech-
niques and original twists -
even her editing skills and
training are put to creative
use.
As the story evolves Achsa's
mother becomes a more and
more prominent figure. Her
present marital relationship is
brought forward from the sen-
sitive viewpoint of her loving
and admiring daughter. This
is followed by a rather myste-
rious ... and I'll tell you no
more, least I give away the
O'Henry-ish surprise ending.
,Ms. Thomas's book was com-
pared to Harper Lee's, "To Kill
a Mocking Bird" and I might
.add, could very easily be
placed aside The Bridges of
Madison County" for its style,
sensitivity and romantic trag-
edy. Although the story is
brought to the reader via the
youthful eyes of Achsa, the
hook will also intrigue the
mature reader.
:Many local "celebrities" and
..amiliar faces from the library
- staff and business community
.,Were present at the signing.
1Noted smoozing the crowd,
was another published, and
soon to be well-known author,
Mr. Bill Osher. Bill beside be-
ing a published author him-
self in academia, responsible
foi- several successful texts,
has the unique distinction of
being married to Diane Tho-
mas. I have been told by pri-
vate sources, which I refuse


Library Happenings

By Judi Rundel
The Franklin County Public Library's calendar of events and
happenings is as follows:
Sunday, February 19th: Beginning at 3:00 p.m. at the
Carrabelle branch, TOCAMOS MAS, featuring Yazid, returns
to Franklin County to delight audiences with African-Carib-
bean rhythm and percussion music. This is the first of six free
performances of Seasons of Music at Your Library a Commu-
nity Libraries in Caring Program grant, funded by the Florida
Department of State, Division of Library and Information Ser-
vices. For more information about this and upcoming events,
call 670-8165.
Sunday, February 19th: As part of a women's enrichment
program, the FROG Family Learning Program will be taking a
few fortunate women to hear Roscoe Lee Browne and Anthony
Zerbe perform Behind the Broken Words. This event is part of
FSU's Seven Days of Opening Nights. All Tickets are spoken
for but if you would like to be placed on a waiting list or have
ideas for women's enrichment programs, please call Jhakl at
670-4423 or Marlene at 697-2091.
Monday, February 20th: The Franklin County Public Library
Advisory Board will hold its monthly meeting at the Carrabelle
branch beginning at 5:30 p.m. The public is welcome to at-
tend.
Thursday, March 2nd: The library's Carrabelle Book Social
begins at 5:30 p.m. This month, participants will read and
discuss any book by an author that he or she has not read
before. All are welcome. Call Carolyn at 697-2366 for further
information. Every Monday and Friday, 10:00 a.m. 12:00
Noon: The FROG Family Learning Program holds GED classes
in Apalachicola at the Library's program site (148 8th Street
in the New Life Center): Call Jhaki at 670-4423 for more infor-
mation.
Every Tuesday and Thursday, 5:00-6:00 p.m.: The FROG
Family Learning Program holds GED classes at the Eastpoint
branch of the library. Call Jhaki at 670-4423 for more infor-
mation.
Every Thursday: "Read To Me" reading to pre-school children
will be held at the Eastpoint branch from 11:00 11:30 am.
Ms. Tonia will delight young children and their caregivers with
one half hour of stories from the many books in the library's
collection. For further information, call Tonia at 670-4423.
Every Friday: The young adult book club at the Carrabelle
branch, held from 2:30-4:00 p.m. will help young people find
the best books to read. The TIGERS students will participate
in this new activity but all teens are welcome to get involved.
For more information, call Tonia at 697-2366.
The Franklin County Public Library's programs-FROG, WITH-
IT! and TIGERS-are offered at no cost to participants. Regis-
tration however is required. For information about the Library
and any of its programs, please call 697-2366, 670-8151, or
653-2784 or view the Library's website located at
www.franklin.lib.fl.us.


Boyd Fights For Veterans

Administration's budget increases fees for veterans'
healthcare
Congressman Allen Boyd (D-North Florida) today criticized the
Administration's 2007 budget for snubbing veterans by estab-
lishing a new enrollment fee and nearly doubling veterans'
prescription co-payments. While the President's request boosts
"the VA budget by 10 percent it also proposes a $250 VA
healthcare user fee and an increase in drug co-payments from
$8 to $15 per prescription for certain veterans.
"At first glance the VA budget looks like a step in the right
direction, but this is clearly misleading with new fees and in-
creased co-payments heaped onto our veterans," said Con-
gressman Boyd. "Once again, the Administration's budget pro-
poses enrollment fees and c-payments that Congress has re-
jected in the past, and I will work on behalf of our veterans to
reject these proposals again."
Last year, the Department of Veterans Affairs acknowledged a
$1 billion shortfall for covering veterans' healthcare needs in
2005, and Congress had to fix the problem with the passage of
an emergency supplemental appropriations bill. The VA fund-
ing problem also continues into this year as the Administra-
tion claims that an additional $1.5 billion will be needed to
provide timely, high quality care to veterans.




Boyd Staff Holds Office

Hours In Carrabelle And

Apalachicola

A member of Congressman Allen Boyd's (D-North Florida) staff
will be visiting Carrabelle and Apalachicola on the fourth
Wednesday of every month so the people of Franklin County
have the opportunity to personally discuss issues concerning
them. Congressman Boyd's staff is trained to assist constitu-
ents with a variety of issues relating to various federal agen-
cies. It is important to the Congressman that his staff is avail-
able for those who are not able to travel to either his Panama
City or Tallahassee offices.
Office Hours with Congressman Boyd's Staff
Wednesday, February 22, 2006
10:30 a.m. 11:30 a.m.
Carrabelle City Hall
Carrabelle
Wednesday, February 22, 2006
1:30 p.m. 3:00 p.m.
Franklin County Courthouse
Clerk's Office
Apalachicola


- limilimmi









Paee 6 17 February 2006


A LOCALLY OWNED NEWSPAPER


The Franklin Chronicle


One of the many alligators you will see lying near
the road as you pass by on your way down to the
lighthouse at the St. Marks Wildlife Refuge.


St. Marks from Page 1

Justifiably proud of the reforms, White says that selective
harvests, tree thinning and replacement of remaining slash
pine with native longleaf pine are the basic elements of the
ecosystem approach. "Benefits of a forest are most evident in
its under-story because most wildlife use is on the forest floor.
We can't have a good under-story without sunshine," says
White, accounting for the end of the dense commercial stands
and use of periodic burning to replicate the benefits of natural
fires caused by lightning.
Joe White left St. Marks Wildlife Refuge as one of the best-
managed and most popular refuges in the system after a 40-
year career with Florida Wildlife Service.
The refuge was established in 1931 for wintering migratory
birds with several fund sources and grew to contain 64,934
acres of land and water, 23,000, which is forested. Seven riv-
ers and numerous creeks help keep nearly 39,000 in wetland.
Shortly after the refuge was established, the CCC, Civilian.
Conservation Corps was brought in to build bridges, roads
levees and culverts for the purpose of 'creating pool for the
wintering birds. These additions have' becone 'erv important
habitats for many of the wild creatures,;,with waterfowl,'wad-
ing birds and shore birds among them. On clear cool days,
you can see the river otter and bobcats in the early mornings
and late afternoons. Spotting alligator, white-tailed deer, cot-
tontail and marsh rabbits, Florida Black Bear, kestrels, red-
tailed hawks, armadillo, feral hogs and bald eagles is not un-
common. Knowing when to visit is important and the park
will provide you with a wildlife calendar to assist you in plan-
ning your visit and maximizing your chances of spotting wild-
life. Alligators are common with some 2,500 estimated to be in
the refuge. During my drive down County Road 59, I passed
by a very large alligator just sunning by the side of the road!
Keep your cameras ready! The refuge includes coastal marshes,
islands, tidal creeks and estuaries of seven North Florida Riv-
ers. Fishing and crabbing are some of the favorite sports of
locals visiting the refuge with plenty of water access available.
The refuge hosts over 300,000 visitors each year, all with di-
verse interests and a love of nature. The best wildlife diversity
you will find anywhere in Florida is in this refuge.
Shortly after entering the refuge, the East River Pool may be
seen on the right and Stoney Bayou in the left. The next body
of water on the left is Mounds Pool and.it is a favorite haunt of
egrets and limpkin. The wail of the limpkin, or "crying bird", is
indescribable and once heard is said to never be forgotten.
From Tallahassee, FL-323 south to US 98, east on US 98 to
Newport and South to County Road 59. It is east of the St.
Marks River and the fire tower, well marked with signs. It is
just a few miles down to the Refuge Visitor Center where you
pay your entrance fee of $4.00. At the Visitor Center you can
purchase tour booklets to guide you. There are over 75 miles
of nature trails throughout the park for hiking or biking, boat
ramps, piers to fish from, picnic areas, and overlook towers
built to assist you in viewing wildlife. A scenic seven mile drive


St. George Island
United Methodist Church


YOU ARE INVITED TO
SUNDAY WORSHIP 9:30A.M.


201 E. Gulf Beach Drive on the Island
Phone: 927-2088 Website: sgiumc.org Pastor: Ray Hughes


:fl



from the Visitor Center will take you to the lighthouse. This is
also a wonderful place to ride bikes and there were several
groups riding together last week. Whenever you visit, insect
repellent is advised.
Congress appropriated money for the building of the lighthouse.
Winslow Lewis built St. Marks Lighthouse in 1830 at a cost of
$11,765. Lewis was the "official lighthouse builder" for the
national government. It is reported that some of the lime-
stone blocks used for construction of the lighthouse were taken
from the nearby ruins of the old Fort of San Marcos de
Apalache. Controversy surrounded the lighthouse from the
moment it was declared finished. The builders were charged
with deliberate fraud against'the United States because the
walls were hollow, not solid as called for in the contract. The
tower was rebuilt and restoration completed January 1831.
Samuel Crosby lighted whale oil lamps for the first time that
year. He had been appointed the first Keeper of the St. Marks
Lighthouse.
Similar to many other lighthouses constructed in that time
period, the St. Marks Lighthouse was built a bit too close to
the water. In 1841-42, erosion threatened the lighthouse and
the contractors dismantled the lighthouse and removed the
lantern and tore down the original brick tower. Another site
was selected farther inland, away from the water and a new
tower was constructed. Then the original lantern and illumi-
nating apparatus were reinstalled. Winslow Lewis made fur-
ther modifications in 1860.
The Superintendent at the St. Marks Lighthouse reported in
June 1843, that the tower was in excellent condition, but men-


PHOTO BY GERI MOORE

there were no reported causalities. The "Tahoma" again shelled
the area on June 29, when a company of Confederate artillery,
consisting of four to five field cannons was sighted at a fort
some 200 yards from the lighthouse and the artillery company
was driven out and the fort structures at San Marcos de
Apalache were burned to the ground.
The Confederate Army even attempted to blow up the light-
house in order to deny it as a lookout for the Union forces, but
only succeeded in damaging an eight-foot section of its lower
walls. Although, they were unsuccessful in destroying the
tower, nevertheless, the damage was substantial. It was re-
paired immediately following the war and returned to service
January 8, 1867. The new tower was heightened to its present
focal plane of 82 feet above sea level and the original lighting
apparatus was restored. The 2,000 candlepower flashing light
is visible for 15 miles shining from the top of the white conical
tower located on the east side entrance of the St. Marks River.
The St. Marks Lighthouse sets on 65.60 a&res of land in that
portion of land that is not yet surveyed in Wakulla County. It
is in the midst of the St. Marks National Wildlife Refuge. The
U.S. Coast Guard now owns the lighthouse and surrounding
property.
The St. Marks Lighthouse was automated in 1960 and remains
an active aid to navigation for vessels on the Apalachee Bay.
Congressman Allen Boyd introduced H.R.372 on January 26,
2005, to transfer the ownership of the St. Marks Lighthouse
from the U.S. Coast Guard to the U. S. Fish and Wildlife Ser-
vice. This will ensure better protection of this historic struc-
ture and is the first step toward restoration.


tioned the difficulty of keeping it whitewashed and suggested
coating it with cement. Whatever choice was made to remedy The St. Marks Lighthouse was officially listed on the National
the poor appearance 'of the'tower, the improvement wa. ;of Register of HistoricPlaces in January 1973.
short duration. On the night ol September 13, 1843, "... this Brig yr p c lch,
place was visited by a st.,)rm i preceden led in the, hitoryof Arrive early and leave late. Bring your picnic lunch, your cam-
this country". The tower was battered and the dwellirig in ; era and your binoculars. It is a.wonderful place toget back to
this country". The tower was battered and the dwelling, nature and unwind from your everyday life.
shambles. The lighthouse keeper and his family saved them-nature and unwd from your everyday le.
selves by clinging to the garret floor of the house, but fifteen For more information, you may write to: St. Marks Wildlife
others who had taken refuge in the dwelling were drowned. Refuge; P. O. Box 68; St. Marks, FL 32355. Or call: 850-925-


The lighthouse survived the destructive hurricanes of the
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War.
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of the blockade activity being centered around the St. Marks
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lighthouse for several hours. After the shelling ceased, "fire-
boats" were sent ashore and the lighthouse and dwelling struc-
ture were burned. The confederate army had a small guard
detachment at the lighthouse at the time of the burning, but


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The Franklin Chronicle


A LOCALLY OWNED NEWSPAPER


17 February 2006 Page 7


Draft Bylaws For The Weems Hospital
Advisory Board Presented To The
Board Of County Commissioners At
Their Meeting, Tuesday, Feb. 7, 2006
By CEO, Ron Wolff

ARTICLE I
These bylaws constitute the code of governing body guidelines and
rules recommended by Blackhawk Apalachicola, L.L.C. and adopted
by the Franklin County Board of County Commissioners dba George
E. Weems Memorial Hospital (the "Hospital"), to govern the Hospital
Advisory Board (the "Board") to oversee the operations of the Hospi-
tal.
ARTICLE II
Purpose
The purpose of the Board is to serve in an advisory capacity to make
recommendations to the Hospital regarding the services provided at
the Hospital, review and approve medical staff privileges, review and
advise on other matters related to the operation of the Hospital in the
Franklin County community, review and approve preliminary operat-
ing and capital budgets for subsequent approval by the Franklin
County Board of County Commissioners (the "County"), and handle
other matters regarding the hospital as may be delegated by the.
County. The County, at its sole discretion, may elect to enter into a
management agreement with an outside firm to manage and direct
the operations of the Hospital The Board shall work cooperatively
with the Hospital CEO and designated members of management, and/
or the designated management firm to assure that the Hospital oper-
ates in a productive and efficient manner, and strives to achieve and
maintain financial viability to minimize or avoid use of taxpayer funds
to sustain the Hospital.
ARTICLE III
Hospital Advisory Board
3.1 Powers of the Board. The Board is vested with the following
powers:
A. Review and advise management and administration on matters
related to the mission and operations of the Hospital.
B. Review and recommend operating and capital budgets, for subse-
quent approval of the County.
C. Review, evaluate and approve recommendations from physicians
and practitioners for appointment and reappointment to the Medical
Staff including approval of clinical privileges.
D. Oversee the quality and efficiency of care provided to Hospital Pa-
tients through review of patient safety reports, incident trending re-
ports and Medical Staff peer review processes.
E. Assist the hospital in external marketing and public relations pro-
grams where practical and feasible.
F. Actively participate in Board education and orientation programs
conducted by Hospital or other professional personnel.
G. Advise hospital management and administration on the scope,
availability and accessibility of patient care services and community
health care needs.
H. Assure that hospital management establishes and maintains suf-
ficient policies, procedures, processes and systems to accurately bill
and collect for services rendered to Hospital patients, regardless of
payer class.
Periodically review and appraise the performance of the CEO.
I. Review and approve amendments and changes to the Medical Staff
Bylaws, Rules and Regulations to assure consistency with the mis-
sion and purpose of the Hospital.
3.2 Limitations on the Powers of the Board. The County retains
the sole discretion to make the final decisions on all matters affecting
Hospital operations except as may be delegated in Article 3.1 above.
The Board shall be advisory in nature and shall have only those pow-
ers designated in Article 3.1 consistent with the mission and purpose
herein and such other powers as may be delegated by the County
from time-to-time. The Board shall not have the authority to:
A. Authorize the sale or disposition of land, buildings or functionally
usable capital equipment without County approval.
B. Purchase, make commitments to purchase or enter into agree-
ments to purchase any real estate, real property o r capital improve
ments without County approval.
C.' Enter into long term leasehold agreements.for. capital,equipment
not listed on authorized capital equipment budgets without County
approval.
D. Enter into long term rental or lease agreements for more than one
year without County approval.
E. Unreasonably interfere with the management firm and/or the CEO's
day-to-day authority to operate the Hospital and supervise hospital
employees in accordance with the terms of their management agree-
ment with the County.




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3.3 Qualifications. Membership on the Board shall not be denied to
any person on the basis of race, creed, sex, religion, or national ori-
gin. Members of the Board shall be residents of Franklin County.
Board members shall not be employed by, investors in, or associated
with any other organization in competition with or otherwise pos-
sessing a conflict of interest with the Hospital. Individuals under the
age of twenty-one 21 and employees of the Hospital are ineligible to
serve on the Board. Notwithstanding anything herein to the contrary,
the Hospital Chief Executive Officer shall serve as an ex officio non-
voting member of the Board.
3.4 Number of Board Members. The Board shall consist of five (5)
members. Upon resolution of the County, the number of Board Mem-
bers may be increased or decreased from time to time, but in no event
shall a decrease In the number of Board Members have the effect of
shlit-ritiniii: t Ir Irm of an incumbent Board Member, or decreasing
the t.oril mniiit r of Board Members to less than three Board Mem-
bers.
3.5 Term of Board Members. Board Members serve terms of three
years. Terms will be staggered to reduce the possibility of multiple
terms expiring the same year. There are no term limits and Board
Members may serve any number of consecutive terms.
3.6 Appointment of Board Members. The Board shall be appointed
as follows: The County Manager in consultation with the Hospital
CEO and the contracted management organization shall select a slate
of representatives residing in Franklin County to serve as the initial
members of the Board. All Board members must be approved by the
Franklin County Board of County Commissioners. The Hospital Chief
Executive Officer shall serve as an ex officio non-voting member of
the Board. Appointments for Board Members filling expired or va-
cated terms shall be recommended by the CEO and the contracting
management organization following consultation with the remaining
Board members and nominees shall be submitted to the County for
approval at their next regular meeting. When a re-appointment or
replacement is made, the appointment or replacement shall be con-
sidered effective on the date that the prior term expired (i.e., the new
term does not begin on the date ofthe election). Board members whose
terms have expired may continue serving until they are either re-
appointed or until their successors are chosen.
3.7 Resignation. Any Board Member may resign at any time by de-
livering written notice to the Chairperson of the Board andthe County.
Such resignations shall take effect upon receipt or, if later, at the
time specified in the notice.
3.8 Absences. Any Board Member missing three meetings in one
year shall be automatically removed from the Board. The vacancy
shall be filled pursuant to Section (5) above.
3.9 Removal. Any Board Member may be removed with or without
cause, at any time, by majority decision of the County Commission.
Any Board Member under consideration for removal must first be
notified about the consideration by written notice at least five days
prior to the meeting at which the announcement is made and have
the opportunity to meet in person with the Hospital's managers to
discuss the removal decision. All County decisions regarding removal
are final.
3.10 Vacancies. Vacancies shall be filled by the County as design
nated in Section (5), and the Board Member filling the vacancy shall
serve for the remainder of the term of the Board Membership that
was vacated. Vacancies shall be filled as soon as practical. Any Board
Member may make nominations to the County to fill vacant Board
positions.
3.11 Compensation. Board Members shall not receive compensa-
tion for their services. The Hospital shall not loan money or property
to, or guarantee the obligation of, any Board Member.
3.12 Voting. Each member of the Board shall have one vote on any
items requiring Board action. A Board member shall be required to
abstain from voting on any item in which he/she may have a conflict
of interest.
ARTICLE IV
Board Meetings
4.1 Place of Board Meetings. Meetings of the Board will be held at
any location within the Apalachicola, Florida city limits designated
by the Chairperson.
4.2 Regular and Special Meetings. Regular meetings of the Board
shall be held at least on a quarterly basis. Special nreetings may be
called by the Chairperson. Unless otherwise excepted under Florida
Statutes, all regular meetings of the Board shall be open and avail-
able to the public in accordance with ES 286.011 and 24 (b) and
Article I of the State Constitution,;and Chapter 119 and ES 24 (a)
respectively. Closed meetings and/or sections of meetings may be
held where allowed by law to conduct Medical Staff peer review and
credentialing activities, review and approve risk management and
patient incident report as may ,e required to mornonr and assess
tle qiualit\ and cI ll: irner \'.i -gre ro'c i-d a 'thi i Hi.sp al "p :, il
'4.3 Notice of.Board Meetings. Notice of the date; tim e, and placq of
Regular and Special Meetings shall be given to each Board Member
by regular mail, telephone, facsimile, or e-mail no less than three (3)
business days prior to the meeting.:
4.4 Waiver of Notice. Attendance by a Board Member at any meeting
of the Board for which the Board Member did not receive the required
notice will constitute a waiver of notice of such meeting unless the
Board Member objects at the beginning of the meeting to the transac-
tion of business on the grounds that the meeting was not properly
noticed
4.5 Quorum. A majority of the incumbent Board Members (not count-
ing vacancies, if any) shall constitute a quorum for the purposes of
convening a meeting or conducting business. At Board meetings where
a quorum is present, a majority vote of the Board Members attending
shall constitute a recommendation-of the Board unless a greater num-
ber is required by any provision of these bylaws.
4.6 Minutes. A copy of the previous Board meeting minutes shall be
mailed to each member at least seven days before the nextRegular
Board meeting. The time, date, place and tentative agenda of the up-
coming meeting will be included.
ARTICLE V
Officers
5.1 Roster of Officers. The County shall annually select a Chairper-
son and the Board shall elect a Secretary to serve as officers of the
Board. The Chief Executive Officer of the Hospital shall be an ex-
officio member of the Board.
5.2 Chairperson. The County shall appoint a member of the Board to
serve as Chairperson of the Board who shall hold such position for a
term of one (1) year unless and 'until such term is voluntarily re-
scinded or the incumbent is removed by a majority vote of the County.
5.3 Duties of the Chairperson. The Chairperson shall:
A. Preside at all Board meetings and shall exercise parliamentary
control in accordance with Roberts Rules of Order:



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B. Serve as the primary liaison between the Board and the Hospital.
C. Officially call special meetings of the Board in consultation with
the CEO
D. Add or delete Items on the Board agenda in consultation with the
CEO.
In the case of the absence or disability of the Chairperson, or the
Chairpersons refusal or 'rS alr to fulfill his or her duties, the Board
may appoint another i:. t;i 5! muber to act in the capacity of Chair-
person.
5.4 Secretary. The Board shall elect a member of the Board to serve
as Secretary of the Board .i ....,,;. .,. shall hold such position for a
term of one (1) year imi"- .... i,,, ,such term is voluntarily re-
scinded or the incumbent is remwed by a ,.,,r. vote of the Board
or the County.
5.5 Duties of the Secretary. The Secreiay shall:
A. Take or ensure the preparation of minutes of all meetings of the
Board, and shall keep copies of all minuWes at the principal office of
the Hospital:
B. Keep a record of the names and addresses of the Board Members
at the principal office of the Hospital:
C. Shall assure that all meeting notices are duly given n accordance
with these bylaws.

In the case of the absence or disability of the Secretary, or the
Secretary's refusal or neglect to fulfill the duties of i.. ,r'-. ir, the
Chairperson shall appoint an employee of the Hospital .. '.-'.r-'iii the
functions of the Secretary.
5.6 Duties of the CEO. In addition to managing and directing the
day-to-day operations of the Hospital in accordance with the terms of
any applicable management contract with the County, the CEO shall
have the following responsibilities with regard to Board activities.
A. Prepare the agenda for all Board meetings in consultation with the
Chairperson.
B. Prepare the agenda for all closed meetings and sessions held by
the Board to assure that agenda items may be legitimately withheld
from public view in accordance with State laws and regulations.
C. Present a summary of hospital operations and financial reports at
regular meetings oftthe Board.
D. Perform such other duties and activities as may be specifically set
forth in his/her job description and/or the Management Agreement.
ARTICLE VI
Medical Staff
6.1 Appointments to the Medical Staff. The Board shall review,
evaluate and approve appointments and reappointment of a medical
(and dental) staff composed of physicians (and dentists) who are gradu-
ates of recognized medical (or dental) schools; physicians assistants
and nurse practitioners: shall see that they are organized into a re-
sponsible administrative unit, and adopt such bylaws, rules and regu-
lations for government of their practice in the hospital as the Board
deems to be the greatest benefit to the care of patients within the
Hospital. In the case of the individual patient, the physician duly
appointed to the medical staff shall have full authority and responsi-
bility for the care of that patient subject only to such limitations as
the Board may formally impose and to the bylaws, rules and regula-
tions of the medical (and dental) staff adopted by the medical staff
and Board. All initial appointments to the Medical Staff shall be for
one (1) year and may be renewed by the Board every two (2) years
thereafter upon timely reapplication of the practitioner.
6.2 Quality of Care. The Board shall, in its exercise of its overall
responsibility for the delivery of health care, shall grant to the Medi-
cal Staff such authority and responsibility deemed reasonably neces-
sary to provide appropriate and high quality health care to the
Hospitals patients. The Medical Staff shall conduct an ongoing re-
view and appraisal of the quality of professional care rendered in the
Hospital and shall report such activities and their results to the Board
through the President of the Medical Staff or his/her designee. The
Medical Staff shall make recommendations to the Board concerning:
(i) appointments, reappointments, and other changes in Staff status:
(ii) the granting of clinical privileges: (iii) disciplinary actions: (iv) all
matters relating to a practitioner's professional competency: and (v)
such specific matters as may be referred to it by the Medical Staff.
6.3 Applications for Medical Staff Membership. All applications
for appointment and reappointment to the Medical Staff shall be in
writing and addressed to the Chief Executive Officer of the hospital.
.Allapplications sihiill be- proce csed in 4 r i. I acco rdaincr With the't les,
-standIrds procedres nirrd t'Irrle IilT I sel I horth n th-L Melc'dc.-icfStaff
B\ lav. s A.n\ pra(ciiloncer v hoi m;\ be rnriied meinbership oi the Mndli-
caT Stai'- shall b- ptrO .-wid--d noilitail Iir. 6f'slc h' denial withi fithi~'ty
(30) days of such action complete with a full explanation of the rea-
sons for such denial and any rights of appeal that may be accorded to
the practitioner under the Medical Staff Bylaws.
6.4 Confidentiality of Patient Information. All patient records shall
be considered confidential and shall not be disclosed without con-
sent of the patients or as may otherwise be allowed under the provi-
sions of ES 395.3025. Discussions of or copies of individual patient
names, records, incidents and other private health information shall
not be disclosed in any public meeting unless otherwise exempted or
required by State laws or rulings by a court of competent jurisdiction.
ARTICLE VII
Amendments
The Board shall be permitted to recommend changes and amend-
ments to these Governing Body Bylaws. These Bylaws may be amended
only by written instrument properly reviewed and executed by the
County.
CERTIFICATION
I hereby certify that these bylaws were adopted by the Board of County
Commissioners at its regular meeting held on February 7, 2006.


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Page 8 17 February 2006


A LOCALLY OWNED NEWSPAPER


The Franklin Chronicle


'CA


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Oeauforn.SC Ollenngdnopsavefrtunl danikble lidaI creekandprlaevr
oodcdlots ialnimni from S.900Call (S77)929-.2837


DOUBLE YOUR INVESTMENT IN ONLY 1 YEAR!


Builders Lots Available in the -


Fastest Growing Areas in Florida 0




95i L]!4-556-5_3:00[. I


JOHN'S

CONSTRUCTION


Licensed & Insured

RG0050763
RC0051706


Quality Craftsmanship For Over 40 Years

SERVING FRANKLIN COUNTY SINCE 1982

Specializing in Custom Homes-Remodeling

Additions-Repairs-Vinyl Siding


850-697-2376

Fax: 697-4680 P.O. Drawer JJ Carrabelle, FL 32322







































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AUTO ACCESSORIES
3140 COASTAL HWY.
WWW.MIKESPAINTANDBODY.COM CRAWFORDVILLE, FL 32327


Real Estate


E Tennessee Lake Properties Homes from S200.000 to
S1.000.000 Lakefront lots front $100.000 LaksVicw lots from
355.000 Call Lakeside Really (423)626-5820 or visit
wsw lakesidrealtv-in comr

NIURPHY.NORTH CAROLINAAAHCOOLSUMMERSMILD
\VINTERS Afnbrdable Homes & Mountain Cahins Land CALL
FORFREE BROCIURE(877)837.2288 EXITREALTYiMOUN-
TAIN VIEW PROPERTIES -0 ssilmnurivIom.

LAKEFRONT BARGAINS! Waterfront PropertiesfromS99.900
Lake Guntersville. Alabama Exclusive Goose Pond Island Pre-
mier bass fishing destination ONE DAY ONLY LAND SALE!
-Saturday. February I lih- 90 minutes from Atlanta, I hour or
less from Birmingham. Huntsville, Chattanooga. Call NOW for
early appointment! (888)LAKE-SALEx914.

O1 E TOTENNESSEE! Looking forLake Lots.Lake
Homes. Land. Famis, Victorians, Investment or Marinas? We
havcitall aaffordablepriccs EXECUTIVECHOICE REAL
ESTATEsi Ternncse( 865)717-7775 CHARLOTTE
.BRANSON Agent or visit my website"
WWW FXFCLn' lFCHOICFRF.Ml EST.\TFCOMor
WWW CHARI OTTFBR-ANS9ONCOM

ALOTOFLOTSAVAILABLEINSOUTHWES' 5FLORIDA.
Cape Coral, Lehigh and Lake Placid. Waterfmont. Multi-faunuly.
single family and commercial, wviw hmppropenies con or call
(239)707-0888.

EASTERNTENNESSE.M MOUNTAIN HOM SITES Gated
lakeside community. I to 5 acre wooded and lake viewv sites
from the S40s, Planned amenities. Minutes fro Chattanooga.
Call loday (866)292-5769 Gates of the River


largee lMmn. l.and Bargains, High Elevation. Adjoins Pristine
State Forest. 20-AC to 350 AC. Sweeping Ntn. Views, Streams,
-w"i lirvinwv com.

NC MOUNTAINS 10.51 tcr on moiniain lop in gated com-
ilunity, view, Irees. walertfll & large public lake nearby, paved
privateaccess,S 119.500o ner(8661)79-8535svwNC77 coli1

TENNESSEE LAKEFRONT RERET.EATS Newly released
[lakclrotl. wooded aid niounlinviiewIi es I to6 acre tfromn he
40s 90 minute to Nashlille. Don't Inss tle sunsets over thle
lake' Call (866)339-4966 Eagles Ridge.

ASHIEV\lI.E.NCAREA llOMIESITfES SOwiaprivaiemoun-
tain ertreal. Gited ri\erfiont coinlnnityl Sl iungl mountain
\-i-s. I to s acre, I ron the S60s Four-irason climate. Call
(866)292-5762 SBar Rier LoJge

SLAND AUCTION 200 Props M.us hbe Sold' l.oi Down / E-Z
FmancingFreeCaIalog(100)937-1603W\VW I ANDAI'CTION COM


OCA.AORI.ANO,FL.ORIlAREA SIS l.00DISCOUNT I 7-21
Acres from S149.900 Rolling hills. ic rails Only 2 miles 175
Discounienld.2:28 Broker:Owner (35S2330-0022

NC AND VA N1mouit ain Land Avalablr. 4 ac -MlIchani Cou C -
SloneMin SialePk Aroc-A-Frame Apt &Garaer-l.ala-buiLHoliiu
-3.olfcourses nearby -ustiS249.90 00-Call Susan(3J3b)78-292' 4
ac -Suer Co NortnhCarolina Bottsm Land- )4 i )fton hisherRier
-Ueauhrul c)tdlanld. hnmiirce- PuisaielocaIuion- SpsnstB ranchese
S225.00000 -Call OBrackyO (3.)79-202o 8i6 L, ap SuIr Co
- NoCh Carolina Bcautllil remodeled house all i:ncd siteam -old
cabin- timber privaie- outbuildings 4S99.0000o Termsavailable
Call Suan (3i1)79-.2026 70-i-ac BulahCouniliy -SurS, Co -
North Carolina All cleared, rasped & cncled panoramic sie of
sucnoundingmlns -pond-rabuloiviewsS6.250 Operiac -call iracky,,
(336)789-2926 215+/-ac -CarrollCo Virgniaa-Hw.2jiin'nhinorf
Mt Airy. honh Carolina Brck hone -needs updating count) water -
longhwy frontage-p9ossiblycommercial-Sl.300000 00 0wnerlinanc-
i1S-CallMark(336)789-2926

.ASTTENNESSEE a ounaini Proplter.Onlyniynues fr Fm Glainurlc.
TNc 7 acrs & Sreamn S39,900 0 acres Wooded 579.900 Opcnilu
March41li (800)770-9311iex. 321


GEORGA -BLAIRSVILLEIN TIE NORTH GEORCI \ MO'1N-
T.INS.Land, Homes.Commercial&Investenti *EVERY\THINGWE
TOCH TL'RNS TO SOLD Jane Bacr Reali. (06)745-;226 .
(800)820-7829ww jalebairrcaltl com lanebaer alli nei

%1 ATERFRONT 2 acres /- S159.900.Gorgeous acrea great ls,
pestmc sor i ch n dl p oatplha s atri Ner ealh \C Enoys auccsso
ICW. Sound. Adlante Psced road undrgniiind uliii. cllw r.
sepuc appred Exceilent financing Oy appointmcni anl Call now
(800)72;-6601x1497

COASTALNC DEFPWATER: Off-scason Special- Sae BSg'
10 acres- S139.900 Beautifully wooded. deep botable wat.r.
longpnrstmeshoreline AccesstoICW. Atlanic, Sounds Power.
phone, perked. Excellent financing Call now (800)732-6601 x
1458

HORSE FARM LIQUIDATION 20 acres- S9.900 Lush pas-
lures. bcaurfld trout stream. spectacular upsiate NY sluing'
Ideal summerlumne site! Terms avail' Call no' (877)909-526.
-www upstaieNcYand coni

Tired of Hurricanes? Buy the last of Georgia Coast. Water-
front. low 300's; Marshfront. 200's; GolfCourse. Mid 150s
Great Investment property. Call Charlie & Partners, (912)25.-
4561

GOV'T HO1ES! SO DOWN! BANK REPS & FORECLO-
SURES! NOCREDITOR' SO/LW OWDOWN' Call for Lisings
(800)498-8619.

BLAL TIIULNORTH HCAROLINS.WINTERSLASONISHLRE!y
MIUSTSEETHE BEAUTIFUL PEACEFULMOLNTAINS OF
WESTERNNCMOULNTAINS Homte.Cabins.Aereae&lnvest-
ments Cherokee Moun.alin Realty GI.\C Real Ersta. c.lurpI
vw wcherokeemountainrelltv coin Call for Free Brochure
(800)841-5868

Waterfront Land Sale! Direct Waterfrotl Parcels from only
S9.900! 2 acres dockable with Log Cabin Pkg. from S89,900'
4.5 acres dockable waterfront only S99,900! All propcnies are
new to the market! Call toll-free (866)770-5263 e'l. 8.

, MOUNTAINS OF NOR'H GA. The Very Best of Rierfron,
Lakefront, AcreageTracts, BuildingParcels From Ito 195 Acres
Direct From Owners (706)276-7773.

WESTERN NC MOUNTAINS NorthCarolina Where there is.
SCool Mountain Air. Views & Streams, Homes, Cabin, & cre-
age.CALLFORFREEBROCHUREOFMOUINTAIN PROPERTY
SALES (800)642-5333. Realty Of Murphy 317 Pcichtree St
Murphy. N.C. 28906. www realivofnurpliv coin


Steel Buildings

*BUII.DINGSAL.E! "BearNextlnerease" 20x26NowS334
25x30 54790 30x44 S7340 40,66 511.490 Factory Direc
.26 Years Many Others. Endsiaccessories optional. Pirne
(800)668-5422.

SSTE EL. BUIIDINGS,Factory Clearance. New. never ret
30x40. 4060. 0x100 and 60x100. Will Sell for balance C.
.Frank (8001803-7982.

Travel

CRUISE- 7 NIGIITS, EASTI'ERN C ARIBBEAN. Brald ne
ship sailing rl fronli Ft Landerdale Nouetber 2006- Mar
2007 Froim S499 (pon taxes included) with FREE BU:
(1800)7411-1770, wwu allaboardtra, Ielco


Home For Sale


I.og IlnamAucin, Tallhaslse. FL.-sMarch 1 Ih TTnimp.FL.-Mar
12lh. 26 Ne Log Home Packbaes ofCTerd One absolue to hghce
bidder' I'ackake includes sub-noor, logs. ,indows, doors. rfitrt
ocfgia Daniel Boone Log tiome (800)766-9474.


Advertsement

Homeowners with money worries

may qualify for low-interest loans
I law you been turned down fora ban?o? bills? IRS liens?///, n/c,/i e/er1r/:'
D you need more than $10,00 for c/f /) Ifou are a homeowner wilhsufficicnt
reIaon? Are you paying more than 7 % equity, there's an excellent chance you
intereston another loans orcrcditcards? will quality for aloan- stua/Aivn'//'/i?24'1
If you are a homeowner and answer- /ours.
ed "yes"to any of these questions, they You can find out over the phone-and
can tell you over the phone and nz/i///l free of charge-if you qualify. I loncy
,, ,.iyo Mae Home on Loans is licensed by the
////ti ou qualify. the Fl Dept. of Financial
Higceoditcad debt? LIess-lhan-pcrfcct Services. Open7 days a wecck for
credit? Self employed? late house pay- your convenience.
ftents? Financial problems? Medical 1-800-700-1242 ext. 278


MARKS INSURANCE


AGENCY, INC.










WRITING:

Home, Auto, Life, Business, Marine, Bonds

and Other Lines of Insurance

See us for your insurance needs at:
61 Avenue E
Apalachicola, Florida 32320

850-653-2161 *800-586-1415








RECREATIONAL VEHICLE


FOR SALE


0.

ecr


ed
nll


Now is the time to


subscribe to the



FRANKLIN



CHRONICLE


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 includ-

ing taxes.


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850-670-1687


Pay The County Bills


The Franklin County Commission approved the expenditure of
$1,627,339.73 at their February 7, 2006 meeting. The bills are
listed as follows, published for the Board by the County Fi-
nance Office.


ACS GOV'T FINANCIAL SYSTEM
02/06/2006 15:
BANK VENDOR
BANK GENERAL BANK ACCOUNT


001121
000100
0010315
002157
001670
002467
001104
002468
h 002483
S! 002469
000214
001462
000255
002172
002281
.04173
001000
001536
000209
000455
002470
000194
001150
002426
000547











004185
002485
600205
,',4 a ,
Bir,.2 S I:s


r.0.") 7
9.'I... I .





001849
002185
000872
002485
S.04178
000202
002451
002005
S002473
002474
001853
000557
002488
001921
001053
002284
001830
000136
.04185
000184
002429
002073
002454
.04179
.04180
001900
002285
000138
.04181
000140
000635
001079
001937
002465
000273
002482
000626
000144
001502
001455
002329
002271
000283
000211
002099
002475
002392
002476
002360
002455
001503
000705
002477
001600
001222
.04182
002 63
002 82
002 30
001 60
000 10
001 01
002 34
002 64
002 43
000 86
002 78
002 79
002 21
001 78
002 60
002 45
000 48
002 03
000 39
002461

001272
001972
001489
002486
000168
001977
002410
001837
000217
002463
001798
000729
0021 29
002 80
002 79
002 87
000 12
000 32
001 42
001 29
002 81
002 86
000 24
.04 76
001995
000 75
000 3
001 5
000 0
000 7
001 6
000 4
002 5
.04 7
002 8
002,!7
001036
002215
002490
002377
001993
.04183
002450


Check Register


AARON'S ELECTRIC INC
ACTION FIRE & SAFETY EQU
ADAPCO, INC.
AIRGAS SOUTH
ALLTEL
ALSO
AMERICAN LIBRARY ASSOCIA
AMERICAN RED CROSS
AMERICAN'SYSTEM TECHNOLO
AMERIFILE
AMERIGAS
ANIMAL CARE EQUIPMENT
APALACHEE CENTER, INC
APALACHICOLA ACE HARDWARE
ARAMARK
AXNER CO INC
BAKER AND TAYLOR
BAKER JR./WILBURN L.
BAY MEDICAL CENTER
BCC HOSPITAL FUND
BECKMAN COULTER INC
BLUE CROSS BLUE SHIELD O
BRODART COMPANY
BRYCO ENTERPRISES LLC
C.W. ROBERTS CONTRA,'Tih.
CIH PDTTPTBIrTOPCp 1.





LLAMRr VOTING L.P.
.-[.s '22"* fi-H r,-'i-. ilo.:
D:Er., IlrC



SASTP[FiN L LLA ER 2 -' ,
TEMERGYSTAT INCAL:n.:L
ENVIROMp AOL BAY COUNTY
st--eT. *'-r c: i 'jl.L
'i..EXPRESS SYSTEMS & PRT
i:,".:,l, 1 T[ i r,:.r",:. O. ijnu^

R:I.ILL i':,Tl
OR: .' sOMB E
DELL MARKETING L.P.
DEMCO. INC
DEPT OF MANAGEMENT SERVI
DICK BLICK
EASTPOINT WATER & SEWER
EASTPOINT WATER & SEWER
EMDEON BUSINESS SERVICES
EMERGYSTAT INC
ENVIROMED OF BAY COUNTY
EXPRESS SYSTEMS & PARTS
FAMILY DOLLAR STORE
FEDERAL EXPRESS CORP.
FLORIDA COMBINED LIFE IN
FULMERDVM/HOBSON F.
G&N PAINTING
GANDER'S GULF SUPPLY HAR
GEORGE WEEMS HOSPITAL
SGIBBSDORIS S.
GIBSON/REBECCA D
GILBERT PRINTING
GRAYLINK WIRELESS
GT COM
GT COMMUNICATIONS
GULF COAST AGGREGATES LL
GULFSIDE I.G.A. (APALACH
GULFSIDE IGA
H & B INDUSTRIES, INC.
HARRIS,JR./JAMES A.
IIGHSMITH, INC.
HILL MANUFACTURING COMPA
HSBC BUSINESS SOLUTIONS
HUNT INSURANCE GROUP
INSTRUMENTATION LABORATO

JACKSON-COOK
JIMMY'S ALTERNATOR 6 STA
JOHNSON/MARCIA M.
JUDITH RUNDEL
KETCHUM, WOOD & BURGER
KIMBAIL MIDWEST
LAKE/NANCY K
LANARK VILLAGE WATER &



LIBERTY COMMUNICATIONS
LIBRARY JOURNAL
LIPPINCOTT WILLIAMS & WI
LOCKLEY JR/NOAH
MAXWELL COMMUNICATIONS
MEDIACOM
MEDIACOM
MBTEORLOGIX
MOCK/MIKE
MUNICIPAL SUPPLY & SIGN
NATIONAL BUSINESS FURNIT
E-RO TIRE & BRAKE SVC,
NEFF RENTAL INC
NEXTEL PARTNERS INC
OFFICE OF THE STATE ATTO
OSBURN/SUZANNE
OSCEOLA SUPPLY INC
PAGE/LISA
PARKER SERVICES, INC.
PAUL'S PEST CONTROL, INC
PAYROLL SYSTEMS
PEAVY & SON CONSTRUCTION
POUNCEY/PAKULA
PREBLE-RISO, INC.
PREMIUM ASSIGNMENT CORPO
PROGRESS ENERGY
PROGRESS ENERGY FLORIDA,
PUBLISHERS WEEKLY
QUALITY WATER SUPPLY
QUILL CORPORATION
REGISTER/PAMELA
RING POWER CORPORATION
ROBERT'S SAND CO., INC.
RUNDEL/MICHAEL
SCOTT/WILLIAM E.
SHAM K MANGALVEDKAR
SHIVER/KELVIN
SHULER/THOMAS M.
SIGN DE-SIGN
SIMPLEX GRINNELL
SKYLINE ENGINEERING
SOUTHERN STATES TOYOTALI
SPEARS SMALL ENGINES & T
SPIRIT SERVICES COMPANY
ST.JOE RENT-ALL, INC.
STANDARD INSURANCE COMPA
STAPLES BUSINESS ADVANTA
SUWANNEE RIVER SUPPLY, I
TALLAHASSEE MEMORIAL RMC
TAX COLLECTOR
TAX COLLECTOR, FRANKLIN
TAYLOR'S BUILDING SUPPLY
TECH CARE X-RAY
TERHINIX
THE APALACHICOLA TIMES
THE LIBRARY STORE. INC.
TIRE DISPOSAL SERVICES
TOMMY'S GLASS & MIRROR C
UMI LLC
UNIVERSITY OF FLORIDA
UPS
URS CORPORATION
VIKING OFFICE PRODUCTS
WARD INTERNATIONAL TRUCK
WARD/JESSICA SMITH
WARD/LAURA
WATER MANAGEMENT SERVICE
WILLIAM HUMP1REY
WOLFF/RONALD


CHECK# DATI


34557 02/07/
34558 02/07/
34559 02/07/
34560 02/07/
34561 02/07/
34562 02/07/
34563 02/07/
34564 02/07/
34565 02/07/
34566 02/07/
34567 02/07/
34568 02/07/
34569 02/07/
34570 02/07/
34571 02/07/
34572 02/07/
34573 02/07/
34574 02/07/
34575 02/07/
34576 02/07/
34577 02/07/
34578 02/07/
34579 02/07/
34580 02/07/
:H "s,1 r',

i 51 4 '2 '
,0i'4 5 2
154;sa A c I.


34590 02 07/
34591 02/07
34592 02/07/
34593 02/07/
34594 02/07/
34595 02/07/
34596 02/07/
34597 02/07/
34598 02/07/
34599 02/07/
34600 02/07/
34601 02/07/
34602 02/07/
34603 02/07/
34604 02/07/
34605 02/07/
34606 02/07/
34607 02/07/
34608 02/07/
34609 02/07/
34610 02/07/
34611 02/07/
34612 02/07/
34613 02/07/
34614 02/07/
34615 02/07/
34616 02/07/
34617 02/07/
34618 02/07/
34619 02/07/
34620 02/07/
34621 02/07/
34622 02/07/
34623 02/07/
34624 02/07/
34625 02/07/
34626 02/07/
34627 02/07/
34628 02/07/
34629 02/07/
34630 02/07/
34631 02/07/
34632 02/07/
34633 02/07/
34634 02/07/
34635 02/07/
34636 02/07/
34637 02/07/
34638 02/07/
34639 02/07/
34640 02/07/
34641 02/07/
34642 02/07/
34643 02/07/
34644 02/07/
34645 02/07/
34646 02/07/
34647 02/07/
34648 02/07/
34649 02/07/
34650 02/07/
34651 02/07/
34652 02/07/
34653 02/07/
34654 02/07/
34655 02/07/
34656 02/07/
34657 02/07/
34658 02/07/
34659 02/07/
34660 02/07/
34661 02/07/
34662 02/07/
34663 02/07/
34664 02/07/
34665 02/07/
34666 02/07/
34667 02/07/
34668 02/07/
34669 02/07/
34670 02/07/
34671 02/07/
34672 02/07/
34673 02/07/
34674 02/07/
34675 02/07/
34676 02/07/
34677 02/07/
34678 02/07/
34679 02/07/
34680 02/07/
34681 02/07/
34682 02/07/
34683 02/07/
34684 02/07/
4685 02/07/
4686 02/07/
4687 02/07/
0688 02/07/
4689 02/07/
c690 02/07/
'691 02/07/
'692 02/07/
'693 02/07/
1694 02/07/
3 695 02/07/
3'696 02/07/
30697 02/07/
30698 02/07/
30699 02/07/
3,700 02/07/
4701 02/07/
4702 02/07/
4703 02/07/
4704 02/07/
4705 02/07/
4706 02/07/
4707 02/07/
4708 02/07/
4709 02/07/
4710 02/07/
4711 02/07/
4712 02/07/
34713 02/07/
34714 02/07/
34715 02/07/
34716 02/07/
34717 02/07/
34718 02/07/


GENERAL BANK ACCOUNT
FUND RECAP:
FUND DESCRIPTION

001 GENERAL FUND
120 FINE AND FORFEITURE
137 FRANKLIN CO PUBLIC LIBRARY
140 ROAD AND BRIDGE
141 LOGT ROAD PAVING
142 MOSQUITO CONTROL
163 ENHANCED 911 FUND
170 AIRPORT FUND
180 AFFORD.HOUSING ASSIST TRUST
201 GEORGE E WEEMS HOSPITAL FUND
TOTAL ALL FUNDS


BANK RECAP:
BANK NAME

BANK GENERAL BANK ACCOUNT
TOTAL ALL BANKS


FRANKLIN COUNTY
GL540R-V06.71 PAGE 1
E AMOUNT


06 4,550.00
06 175.00
06 1,832.90
06 424.69
06 971.88
06 2,104.50
06 140.00
06 744.00
06 1,131.13
06 20.55
06 780.16
06 606.66
06 2,033.33
06 455.96
06 240.53
06 104.64
06 .219.60
06 280.50
06 5,183.90
06 700.000.00
06 1,035.54
06 78.243.12
06 1,440.60
06 3,412.00
,3 154,778.67
239.83
06 228.00
5'-, 163.80
S210.o 00
105.06
"* 420.00
747.90
s* 1,245.09
06 42.07
06 18.50
06 2,535.75
06 45.80
06 144.80
06 652.50
06 125.00
06 3.486.15
06 231.03
06 155.29
06 1,064.33
06 100.68
06 1,859.15
06 134.80
06 15,500.00
06 280.70
06 88.00
06 93.00
06 210.82
06 1,500.00
06 7,254.12
06 117.00
06 3,331.66
06 1,465.05
06 2.85
06 243.44
06 18,457.00
06 1,035.00
06 194.10
06 176.82
06 278.49
06 2,146.33
06 2,867.86
06 4,784.22
06 233.68
06 130.50
06 308.36
06 41,724.00
06 83.60
06 137.00
06 588.77
06 1,807.92
06 2,047.94
06 947.68
06 79.95
06 1,554.54
06 23.90
06 27,047.00
06 221.60
06 2,290.00
06 2,283.00
06 386.88
06 475.00
06 54.00
06 514.50
06 32.59
06 946.30
06 510.55
06 1,247.75
06 99.00
06 191.16
06 71.16
06 55.00
06 500.23
06 23.00
06 687.00
06 404,574.00
06 1,146.00
06 268.00
06 500.53
06 4.830.00
06 100.00
06 263.62
06 1,765.63
06 35.64
06 694.37
06 1,228.79
06 1,167.00
06 60.00
06 136.25
06 2,997.00
06 180.00
06 22,560.83
06 1,411.74
06 250.20
06 8,922.45
06 169.00
06 339.95
06 1,854.36
06 103.44
06 2,424.66
06 416.00
06 260.00
06 2,561.98
06 274.32
06 9.520.00
06 313.02
06 6,565.60
06 565.00
06 2,394.00
06 91.64
06 359.98
06 61.93
06 439.84
06 1,175.34
06 588.00
06 1,490.31
06 189.84
06 2,526.76
06 21.60
06 466.62
06 1,459.60
06 102.00
06 271.00
06 1,203.75
06 998.11
06 1,410.00
06 415.79
06 5,000.00
06 475.00
06 13.50
06 1,750.00
06 815.92
06 321.36
06 436.59
06 300.00
06 252.93
06 116.55
06 1,536.98
1,627,339.73

DISBURSEMENTS

411 547.55
453,249.19
9.156.53
29,577.58
672,430.00
3,661.24
2 577.22
2,106.11
5 ,419.14
37,615.17
1,627,339.73




DISBURSEMENTS

1,627,339.73
1,627,339.73


FZ Y/) 27


1992 Georgie Boy, 33 feet long with Ford V-8 engine at

46,000 miles, in very clean condition. Shown at 33

Begonia Street, Eastpoint. Sleeps five, microwave stove,

gas operated stove, color TV, refrigerator plus the usual

shower/toilet amenities; lots of cabinet space. Four

extra tires. $16,000.


Call Cora Russ at 850-653-8486




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The Franklin Chronicle


A LOCALLY OWNED NEWSPAPER


17 February 2006 Page 9


Flamingos!
A full-service Restaurant and Bar
at Juice & Java
Hours:
Mon. Tues. Wed: 8A-2P
Thurs. Fri.: 8A-9P
Sat.: 8A-10P IAUAN
Live Music Sat. 6-9P
49 W. PINE AVENUE ST. GEORGE ISLAND
850-927-3925 02-17/03-03



Stacy's Hair Design

85o070-1772
Hours: Tues-Fri 10-5, after 5 by apt. Sat. 10-until


Stacy Williams,
Stylist
347 Highway 98
P.O. Box 977
Eastpoint, FL 32328


* Espresso
* Pastries
* Coffee
* Sandwiches


S ALL YOUR HAIR
CARE,
MANICURES,
PEDICURES &
ACRYLICS


* Ice Cream
* Soups
* Salads


Carrabelle Junction


88 Tallahassee Street 697-9550
Across from the Post Office


@l "^

Ji,
` 4^.

.'


02-03/02-17


PHOTO BY GERI MOORE


Pottery
Sandra Castillo, right, visiting from Colombia,
taught First Baptist Christian School students
about making pottery. She had 46 students in her
pottery classes and all brought their art to show
Friday, February 10, 2006 at the Coombs Armory.
On the left, Maranda Moses, 12 years old attends
6th grade. On the right, Christina Collins, 10 years
old, attends 5th grade. Both enjoyed the pottery
classes.


CLAIM OF LIEN NOTICE
Per Florida Statutes 713.78 (3) (b) File No.
Date of thi Notice 01/24/06 Incoice No, 12608
DescriptionofVehicle: Make Datson Model 280XZ Color Brown
Tag No.NFE-55U Year 1983 State FL Vin No. .INICZ06S2CX601808
To Owner Jack E. Lewis To Lien Holder'
P.O. Box 673
Eastpoint, FL 32328


You and each of you are hereby notified that the above vehicle was
towed on 01/29/06 at the request of FCSO that said
vehicle is in its possession at the address noted below. They the under-
signed 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 S 230.00 plus storage
charges occurring at the rate of $ 20.00 per day 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
VEHICLE PURSUANT
To subsection (5) of Florida Statute 713.78

You andl each of you are hereby notified that on 03/03/06 at 12:00 noon
o'clock, the vehicle described above will be sold at public auction
at: 620 Houston Rd., 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 charges.
SHADE TREE TOWING
P.O. Box 971
Eastpoint, FL 32328
(850) 670-8219


The BUSINESS CARD DIRECTORY in the Chroniclepages is an
efficient way to promote your business to the public and save money
at the same time. These ads are strictly business cards magnified
to 2 columns by two inches, offered to you at 50% discount for two
insertions. Send your business card or copy to: Franklin Chronicle,
P.O. Box 590, Eastpoint, FL 32328 or fax 850-670-1685. Your
check for $15.00 will guarantee position in the next issue.


HOME TOWN BP & DELI
113 ST. JAMES AVENUE, JUST OFF
HIGHWAY 98 IN CARRABELLE 697-5111
Friendly atmosphere and
the best chicken and burgers'--
in town!

LIVE BAIT FOR SALE
Now serving 7 days a week full breakfast
02-17/03-03



Wholesale Mattress Company

Double Sided Jumbo Pillow Plush Pillow
Topped Mattress/Box Sets
MSL $859.00, Sell Price: $248.00

850-528-1422 or 850-528-5426
02-03/02-17



HELP WANTED

ROYAL FLUSH PLUMBING is accepting applica-
tions for new construction, service and plumber's
helpers for a new satellite office in Port St. Joe
area. Our company offers numerous benefits.
Please call 850-236-5852 for appointment (we will
come to you) or apply in person at 1736 Bayview
Avenue, Panama City, FL.
02-17/03-03/03-17/03-31


CLAIM OF LIEN NOTICE
Per Florida Statutes 713.78 (3) (b) File No
Date ofthis Notice 02/01/06 Invoice No. 12591
DescriptionofVehicle: Make ISuzu Model Amigo Color Black
TagNo.2C5011MY Year 1990 State AL VinNo. JAAB101EXL5852963

I 54, I 1 s.1*4ll ul ..
,_i ra r, B ,j L -'3 4 4 1


You and each of you are hereby notified that the above vehicle was
towed on 01/30/06 at the request of FCSO that said
vehicle is in its possession at the address noted below. They the under-
signed 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 $ 230.00 plus storage
charges occurring at the rate of $ 20.00 per day from the date
hereof wiltbe 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
VEHICLE PURSUANT
To subsection (5) of Florida Statute 713.78

You and each of you are hereby notified that on 03/09/06 at 12:00 noon
o'clock, the vehicle described above will be sold at public auction
at: 620 Houston Rd., 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 charges.

SHADE TREE TOWING
P.O. Box 971
Eastpoint, FL 32328
(850) 670-8219


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FAX: 850-670-4901
02-03/02-17






Styling Salon

KELLEY & PATTI

Phone: 850-927-3500
on St. George Island 1703-03
02-17/03-03


* Ard's Service *

407 Highway 98

(850) 670-8463


New and Used Tires and Rims
Gasoline and Diesel
02-17/03-03


~;l


African Art
Paula Kneller, center, brought a bit of African Art to;
Apalachicola. She is on leave as a museum profes-
sional to work on her own personal projects. While'
here, she decided to share time with local students
and teach them about African Art. Here, on the left,
is Torrionto Fuller, age 10 and on the right is;
Aaliyan West. Both are students at Chapman,
Elementary School. Both students learned to create'
African masks at the Girls and Boys Club. Their art
was on display Friday, February 10, 2006 at the:
Coombs Armory in Apalachicola.




S" 4, t14'' 6. 1 r,, z


AFTER $50 REBATE
Do It Yourself and SAVE!
If You Plan to Build or Purchase a Carport
DON'T MISS THIS SALE!
At Your Participating
WAL*MART'
FOR FACTORY REBATE
li. SEND RECEIPT and COPY OF THIS AD TO
hod. 00 FUNK MANUFAC DURING
le. PO BOX 7110
le SHERWOOD.AR 72126
800-643-8728


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Statewide $1200
Regional or National
Placement also available
Regions: North, South, Central
Total Circulation: 2.2 Million


2x4 Rates
Statewide $2400
Regional Placement
also available
Regions: North, South, Central
Total Circulation: 2.2 Million


a-,,,4 w 'A*= ,. -.. -. .. .r Sa -..-

Blue Grass Gospel Music

The Rivertown Girls will perform a live concert at-
the St. George Island United Methodist Church:
(SGIUMC) on Saturday. February 25 at 6:30 p.m.

The Rivertown Girls are a trio of young teens from.
Blountstown who perform bluegrass and gospel
music. The group consists of Sharlyn Marie Smith,:
Mary Cathryn Smith and Carolyne Van Lierop. The'
girls sing and play mandolin, fiddle and banjo. They.
are accompanied by Buddy Smith on acoustic guitar.
and Angus Hall on bass.
Each Year SGIUMC hosts a live concert for the:
community to enjoy. Everyone is invited to attend-
the concert. Refreshments will he served after the-
performance.


HELP WANTED
TRINITY EPISCOPAL CHURCH

Secretary wanted for Trinity Episcopal Church in
Apalachicola, Florida. Must have computer
knowledge, some financial background and excellent
people skills. Please send resume to P.O. Box 667,
Apalachicola, FL 32329.


I -










Page 10 17 February 2006


A LOCALLY OWNED NEWSPAPER


The Franklin Chronicle


Perspective
On Upcoming
Amendments

To The
Carrabelle

Comprehensive
Plan As

Described By
Dan Cox,

Carrabelle

City Attorney

Excerptedfrom the transcript
of the Carrabelle City
Commission meeting,
January 5, 2006

MR. DAN COX: At the last meet-
ing there was a bit of discussion
during one of the agenda items
about what your responsibilities
are as a Commissioner in apply-
ing the Land Development Code
in comprehensive planning, and
there were several statements
that were made; and I am not
sure were ... complete.
There's quite a bit of information
that I would like to share with you
about that. It won't take a whole
lot of time; and in that discussion
I would like to also kind of give
you a summary of a meeting that
Mr. McInnis and Ms. Millender
and Mr. Greer and I attended at
DCA with some of the planners
and legal staff of DCA regarding
our upcoming amendments to the
Comprehensive Plan if I can have
your indulgence that is.
I would like to start with just a
little bit about your responsibili-
ties in applying the Comprehen-
sive Plan and Land Development
Regulations to your consideration
of site plans or Request to Change
Zoning on properties. Now, I think
it's always kind of a good idea to
look at this stuff from a histori-
cal perspective, because then you
understand why we got to where
we are with the Growth Manage-
ment Act and the requirements
that have been announced by the
Courts in interpreting the Growth
Management Act.
Back in the turn of the 20th Cen-
tury, zoning was not something
that was widespread or even in
effect in hardly any cities at all.
Generally when making decisions
of how land was going to be used,
there was a standard that you
could not apply a more intense
use to your land than your neigh-
bor applied to theirs, but it was
more based on the law of nui-
sance than it was on anything
having to do with zoning or com-
prehensive planning. It was in the
early 20's that the first zoning
refilations were adopted, and the
eir6iest case that finds that zon-
:ng is a legitimate of an exercise
of a municipality or a county in
regulating the use of land, it
didn't violate the principles of a
regulatory taking if you want to
put it in' that kind of concept. In
other words, it wasn't a violation
of the Personal Property Right,
because it was well founded in the
health, safety and welfare of the
community. That case was from
the US Supreme Court 1226 and
it really laid the foundation for
municipalities and counties to
begin using zoning ordinances as
a way to regulate the use of land.
The case clearly established that
when you are adopting the zon-
ing regulations that have general
impact over the community as a
whole, that you are acting in a
legislative capacity. Now, kind of
as an aside there, you know, in
our State and Federal Govern-
ments that we have three
branches of government. We have
our Judicial, our Executive, our
Legislature, and it's the role of the
Legislature to make policy. It's the
role of the Executive to implement
policy and the role of the judiciary
to review the policies and the
implementation of those policies
and make sure that they are done
in accordance with the law.
At a City level or a County level
we only have one branch of gov-
ernment and that's you as a Com-
mission, but when you act, you
act in each of these three capaci-
ties at some time or another.
When you are formulating policy
that is going to be generally ap-
plicable to future actions, you are.
acting as the legislature. When
you implement those policies
through your staff or through
actions of the Mayor, that is act-
ing in an executive capacity, and
when you look at specific projects
or facts and apply these policies
that you have adopted, you are
acting much like a judge does in
determining whether these facts
meet the requirements of your
policies; and it's the character of
what you are doing as to whether
you are acting in a legislative
function or a judicial function.
There, again, if you are setting
policy, it's legislative and if you
are measuring the application of
that policy, you are acting as a
judicial branch.
This is important for several rea-
sons. When you are acting as a
Legislature. the separation of
powers concept is that a court will
not second guess your legislative
determinations of what is best for


your community. As long as those
legislative decisions are based on
competent and substantial evi-
dence, the courts will apply what
is called a fairly debatable stan-
dard. In other words, if reason-
able people could disagree, then
the decision of the legislative body
will be upheld; and competent
and substantial evidence is the
type of evidence that you or I just
in our day-to-day going about life
would rely on in making a deci-
sion.
The adoption of these general
policies, again, has always been
a legislative function for the City.
Back in the Early 50's there be-
gan to be a lot of debate about
whether this loose judicial scru-


tiny, this highly deferential judi-
cial scrutiny was adequately con-
trolling how legislative decisions
were made. A lot of commenta-
tors were making remarks like
that, what we call NIMBYism now
they called neighborhoodism
back then or on the other extreme
undue political influence often
drove zoning decisions to be made
in an ad hoc basis that wasn't
really founded on long range-
goals and didn't in any way coun-
teract the local pressures for pref-
erential treatment; and it also
didn't provide courts with any
type of way to give a meaningful
review to decisions that were
made in the context of zoning.
This debate continued for prob-
ably the next 25 years before
communities began, states began
adopting requirements that there
be long ranged plans that lay out
the policies by which courts can
judge whether you have made
appropriate decisions on zonings,
site plans and matters that re-
quire variances.
So the State of Florida adopted
its Growth Management Act in
1985, and I would like to read for
youjust a little bit about what the
Legislature said was its intent in
adopting the Growth Manage-
ment Act and requiring Compre-
hensive Plans to be adopted at the
local level.
The Legislature says in Section
163.3161, Florida Statutes, "That
it's the intent of the Growth Man-
agement Act, that its intent or
that its adoption is necessary so
that local governments can pre-
serve and enhance present ad-
vantages, encourage the most ap-
propriate use of land water and
resources consistent with the
public interest, overcome present
handicaps and deal effectively
with future problems that may
result from the use and develop-
ment of land within their juris-
dictions. Through the process of
Comprehensive Planning, it is in-
tended that units of local govern-
ment can preserve, promote, pro-
tect and improve the public,
health, safety, comfort, good or-
der, appearance, convenience law
enforcement, fire prevention and
general welfare, prevent the over-
crowding of land and undue con-
centration of population, facilitate
adequate and efficient transpor-
tation, water, sewage, schools,
parks, recreational facilities,
housing and other requirements
and services and conserve, de-
velop, utilize and protect natural
resources within their jurisdic-
tion."
The word "Regulate" did not ap-
pear anywhere in that paragraph.
Comprehensive Plan is not about
regulation of land. It's about the
appropriate planning of the use
of land consistent with the pub-
lic interest.
The Courts have even said, you
know, that Comprehensive
Plans are not intended to pre-
clude development, only to
ensure that it proceeds in an
orderly manner.
Now, later in Chapter 163,
there is.a requirement that
Land Development Regulations
have to be adopted, but these
Land Development Regulations
have to be consistent with your
plan. The plan doesn't act only
to require that the develop-
ment is consistent with the
Comprehensive Plan, it also
requires that regulations be
consistent with the Compre-
hensive Plan.
The Comp Plan doesn't just con-
trol development. It controls regu-
lation, it controls you as much as
it does the people who prepare -
appear before you who want to
have decisions made in regards
to how they can use their land.
The adoption of the Comp Plan
has been determined to be legis-
lative just like general zoning or-
dinances work, because it's a for-
mulation of policy that is going
to be applied proactively.
The Legislature also made it clear
in 163.3194 that after the Com-
prehensive Plan or any element
or portion has been adopted all
development has to be under-
taken in regard, and all actions
taken in regards to development
orders by Government Agencies
must be consistent with the plan.
Consistency is defined as the
action taken furthers the goals,
policies and objectives that are
stated within the Comprehen-
sive Plan and until your Com-
prehensive Plan is amended
and that amendment found to
be in compliance, the Compre-
hensive Plan that is in effect
has to be applied. Okay. Those
are some very important prin-
ciples there.
Compliance with the Comp Plan
is mandatory, and it's mandatory
in all stages of development.
There are cases that define it as
being mandatory at the point
where site plans are being ap-
proved. In other words, it doesn't
just apply to rezoning. It goes on
through. When the site plans are
reviewed, that they have to be
consistent with the Comprehen-
sive Plan. Building permits issued
have to be consistent with the
Comprehensive Plan.
The determination of consistency
is made by reference to the plan
and not to any other action that


was taken without regard to the
plan. That's important, too, be-
cause we are talking about this
being legislative and as you sit
here as a Commission when site
plans come before you, any other
type of approval comes before
you, you have to refer to the Com-
prehensive Plan, because you
can't in judicial capacity change
legislative policy. The only way
the plan can be changed is
through an amendment that is
adopted in strict compliance with
the procedural requirements of
Chapter 163.
So if a determination or a ruling
on a site plan was made that was
inconsistent with the Compre-
hensive Plan, further develop-
ment approvals related to that
project are still based on whether
they are consistent with the Com-
prehensive Plan, not with the
prior approvals, okay.
Decisions regarding the applica-
tion of these general policies then
once you are getting to the appli-
cation of these policies are quasi
judicial. Now, remember we
talked about if a Court is review-
ing a legislative decision, it does
it in a deferential manner if it's
fairly debatable, your decision
would be upheld. In a quasi judi-
cial setting, the standard review
is much stricter. In fact, because
all development approvals must
be in compliance with the Com-
prehensive Plan, the Courts have
applied what's called strict scru-
tiny to judicial decisions that are
implementing the Comprehensive
Plan.
There you have to have clearly
ascertainable standards, which
are the standards found in your
plan and your Land Development
Code implementing your plan on
which you base your decisions. I
think that probably I can read
this better than I can summarize
it, because it's one of the most
concise statements that we have
found in the law on this.
Comprehensive Rezonings which
affect a large portions of land are
legislative. Rezonings which im-
pact a limited number of persons
in which the decision is contin-
gent upon evidence presented at
a hearing is quasi judicial. In a
quasi judicial proceeding this
is when someone comes to you
and wants to have a change in
zoning for your consideration of
a site plan the landowner, the
person asking for the change, has
the burden of proving that the
proposal is consistent with the
Comprehensive Plan and com-
plies with all procedural require-
ments of the zoning ordinance.
Once they show consistency, the
burden then shifts to you as the
local government to demonstrate
either maintaining the existing
zoning or the status quo accom-
plishes a legitimate public pur-
pose. Okay.


Now, all of that is a lot of infor-
mation thrown at you'pretty
quick, and it's a good place to ask
if you have any questions about
that.
MAYOR KELLY: I have a request.
I would ask the court reporter,
who we discussed with earlier, I
would ask the court reporter to
prepare a transcript of Mr. Cox's
comments and make it available
as soon as possible to the clerk
so that she may distribute it to
the zoning members who are not
here, the Commission members
who are not here and for distri-
bution to any developer who may
wish to have that policy clearly
spelled out for them for future
work.
MR. ROGER BYBEE: And to the
public.
MAYOR KELLY: Of course, al-
ways to the public.
MR. DAN COX: The other day,
staff had a meeting with DCA.
SMAYOR KELLY: Department of
Community Affairs.
MR. DAN COX: Right. The De-
partment of Community Affairs
and what precipitated this meet-
ing was Mr. Greer called and ex-
pressed a concern to me that
there had been a lot of changes
in Carrabelle in the last few years,
that DCA was not aware of... one
example would be the annexation
of the property where the prison
is. Okay. The City annexed that
property but never adopted an
amendment to its Future Land
Use Map to show the incorpora-
tion of that property within the
city, and there were a couple of
other instances of this. What
raised concern was that when if
we just transmitted our amended
plan that we are working on, in
three or four months DCA was
going to get this Future Land Use
Map that looked like nothing that
it had ever seen before.
There was a couple of other is-
sues that we wanted to discuss
with them, and we felt like it
would be better if we came to
them before and got guidance
from them on what they would
like to see and suggestions with
them on how to best present this
so that we could hopefully get a
finding of consistency, faster and
get the whole process of amend-
ing this plan over with quicker.
At that meeting, we identified two
or three projects that were
adopted that are noncon-sistent
with our existing Comprehensive
Plan. They were identical. We
kind of got a little bit of a go forth
and sin-no-more speech from the
DCA. We didn't really get a lot of

MAYOR KELLY: Like what?
MR. DAN COX: -again, we un-


UdstanllU. VWllat We alr IlacdC WILII
What this is saying in the long then is a situation where either
and short of it is that even if a the plan has to be amended to
person can show that there is correct these past decisions or we
consistency with the plan that are stuck in a position where we
they are proposing, it's not can't approve further develop-
enough. If you can show as a City ment on the property until the
that there' are legitimate public!,; plan, either.the plan has changed ,
purposes for approving, some- or the projects are changed, and
thing less than what is being there's not a lot of projects that
asked for, but yet something that this affects, but there are some
is still consistent with the Cor- and there are some that know
prehensive Plan. If you've got two that they were inconsistent with
competing consistencies, there, the Comprehensive Plan.
again, as long as there is compe-
tent and substantial evidence, And so I want to explain to you
and your decision is based on another topic, that is called, you
ascertainable standards, the know, for lack of a better word,
maximum does not have to be it's called equitable estoppel and
given. The maximum doesn't es- what the Court says is that, first
off, is that if, if any approval was
tablish a minimum entitlement. given for illegally-
Purchasers of land are deemed to MAYOR KELLY: Illegal?
have knowledge of what is in your
Code of Ordinances and in your MR. DAN COX: -in others words
Comprehensive Plan. The defense it's not in compliance with the
of- we didn't know-isn't appli- Comprehensive Plan, that is -let
cable. me back up a second. You as a
municipality or the county that's




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created by a legislature, too, there
is some Constitutional basis for
municipalities, but there are no
powers granted to municipalities
in the Constitution of the State
of Florida. What it says is munici-
palities may exercise all powers
consistent where it is granted to
them by law. Where Franklin
County can exercise any power
that is not inconsistent with the
State Law, so they have broad,
what we call, home rule powers.
They can do anything unless
there is a specific state statute
that says County, you cannot do
this. This commission on the
other hand can do only what the
legislature says you can do, and
the Legislature says that you
have to approve developments
consistent with the Comprehen-
sive Plan. So if an action was
taken that is not consistent with
the Comprehensive Plan, it ex-
ceeds the authority that this
board has, and it's as if it never
happened.
Now equitable estoppel would
apply in a situation where if the
City was to attempt to revoke a
building permit'or a zoning ap-
proval in a circumstance where
a property owner has relied on
those approvals to their detri-
ment, the City could be stopped
essentially from revoking those
approvals, or the Courts may al-
low the approvals to be revoked,
but the City may be subject to
damages, but, here again, that's
not applicable where the approv-
als were improperly given. Okay.
MR. ANDY DURHAM: Specifi-
cally what projects?
MAYOR KELLY: If you wait a
minute, Mr. Durham, until he fin-
ishes, and then we will ask for
questions.
MR. ANDY DURHAM: Yes,
ma'am.
COMMISSIONER RANKIN: I've
got one.
MAYOR KELLY: Are you pausing


were the ones that were not done
properly?...
MR. DAN COX: I am not going to
specifically name any projects
right now, but there are, there
have been projects where people
have admitted on the record here
that their project was inconsis-
tent with the Comprehensive
Plan, and I think they know who
they are. There are projects out
there that by far and above ex-
ceed the 16-unit per acre Resi-
dential cap in the Comprehensive
Plan; and I think those project
owners know who they are.
MR. ANDY DURHAM: Well, I'm a
project owner. Mine is not one of
which I hope.
MR. DAN COX: Did you fit Into
either of those categories?
MR. ANDY DURHAM: No, I
didn't. So I'll take that as a, no,
my project-
MR. DAN COX: But it's not going
to stop me from if I find that it is,
like I say, otherwise later.
MR. ANDY DURHAM: I under-
stand, but for right now -
MR, DAN COX: Breathe easy.
MR. ANDY DURHAM: Great.
Thank you, very much.
MAYOR KELLY: Mr.
Bauchaman? Mr. Bauchaman is
a member of the Zoning Commit-
tee.
MR. JIM BAUCHAMAN: Yes. I
have a question for Mr. Cox. Mr.
Cox, as I understand it in your
dissertation on this that actually
the burden of proof lies though
with the person applying. Is that
not true? In other words, they are
supposed to know beforehand,
and they went into it with full
knowledge, so really, how can the
City be liable if the initial burden
of proof, belongs with the initial-
izing individual?


at the moment? MR. DAN COX: Absolutely, and I
think that's what the or I know
MR. DAN COX: Yeah. that's what the case law says in
regards to that initial burden of
MAYOR KELLY: All right. Com- proof. It is on the property owner
missioner Rankin? to show that their project is con-
sistent with the Comprehensive
COMMISSIONER RANKIN: You Plan, and by consistent we mean
told us about the properties that that it furthers the goals, policies,
have been approved. Was there and objectives contained within
any that has not been approved the Comprehensive Plan. If they
that falls under the/same cat- meet that burden, it then shifts
egory? to the City to show that a legiti-
MR. DAN COX: Not that I am mate public purpose is furthered
aware of. by approving something less than
e what they are asking for, so if
COMMISSIONER RANKIN: somebody comes in say asking for
Okaten units on two acres. It's five-
Okay.units per acre, if the City finds
MAYOR KELLY: I hope that most that there is some measurable
of you were able to hear what At- criteria within the. Land Develop-
torney Cog said, because it has ment Codes and the Comprehen-
huge ramifications for our corn- sive Plan's Goals, Policies and Ob-
munity. I hope it makes some of jectives that would suggest that
you angry, and I hope it makes that density should be limited to
you pay attention to what comes three-units per acre, as long as
next. Mr. Durham, if you would that could be articulated on the
like to come up to the front, we record and shown in, you know,
would be happy to hear your cor- in as being consistent also with
ment? the plan, that reduction of den-
sity is permissible, and that is
MR. ANDY DURHAM: Yes,; just an example.
ma'am. Thank yod.'Oi:ce a'am.a "
I'm Andy Durham, and I was just-
wanting to know what projects Continued on Page 11



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The Franklin Chronicle


A LOCALLY OWNED NEWSPAPER


17 February 2006 Page 11


Carrabelle from Page 10

MR. JIM BAUCHAMAN: That's-
yeah, but exceeding that amount?
MR. DAN COX: Exceeding the
maximum density in the Compre-
hensive Plan is -
MR. JIM BAUCHAMAN: Now,
just a hypothetical -
MAYOR KELLY: Say that again.
Say that again, Dan, please.
MR. DAN COX: Exceeding the
maximum density within the
Comprehensive Plan is a violation
of the State Statute.
MAYOR KELLY: Thank you.
MR. JIM BAUCHAMAN: So just
hypothetically if an individual
comes in and says I want to build.
20 units on an acre and that was
passed by the City, and the indi-
vidual knew to begin with that he
exceeded what the Comprehen-
sive Plan, would the end result if
the City passed it, still fall on the
City as being the responsible per-
son to be able to have to make
amends for that?
MR. DAN COX: You used the
word does the City have to?
MR. JIM BAUCHAMAN: Well, are
they required to?
MR. DAN COX: What they are
required to do is that all develop-
ment approvals have to be con-
sistent with the Comp Plan, so if
you have got a site plan that was
approved that is inconsistent
with the Comp Plad, and some-
body comes in for a building per-
mits, that's the next step, that
next development approval that
has to be made. That building
permit cannot be issued because
it furthers the inconsistency un-
til the plan is amended or the
project is amended to be consis-
tent with the Comp Plan.


MR. JIM BAUCHAMAN: Well, I
was just trying to really establish
the liability of the City involved
in it because of this err in judg-
ment, so-to-speak.
MR. DAN COX: Oh-huh. I haven't
found anything that says that a
city has todo anything other than
make development approvals,
'decisions regarding development
approvals consistent with the
Comprehensive Plan.
MR. JIM BAUCHAMAN: Okay,
but you've alluded to the fact that
the City may be involved in hav-
ing to give -
COMMISSIONER RANKIN:
Damages.
MR. JIM BAUCHANAN: -dam-
ages.
MR. DAN COX: Yeah. For ex-
ample, there's, one of the classic
cases dealt with a project down
in Hollywood that a developer
went to the City and told them he
had plan to buy this piece of prop-
erty and to develop a hotel; and
he was going to put, I think the
density was somewhere say 15-
units per acre; and the City ini-
tially told him, yeah, that sounds
like a really good idea. He went
through the planning depart-
ment. They said this seems to
meet everything. It's consistent
with the Comprehensive Plan. He
starts forward with the planning
for the project, and goes before
the City Commission and gets
preliminary approval. There was
an election, and two of the people
that voted for the project'- the
project was approved on a split
decision, 3/2 two of the people
that voted for it were voted off the
City Commission and two people
who had campaigned actively
that they would repeal that ordi-
nance were elected to the City
Commission. They notified the
property owner that they were
intending to repeal the ordinance.
The property owner appeared be-
fore the Commission and told
them that, look, I have expended


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some 8200,000 in reliance on
these approvals and representa-
tions that have been made to me
beforehand; and the City said
that's nice, and repealed the or-
dinance; and the Court has said
that in a situation like that where
a person was reasonably relying
on what were the rules, I left out
one thing. When they started to
repeal the ordinance, they actu-
ally did it by adopting a density
limitation that the approvals that
were given couldn't have been ap-
proved. The guy couldn't get a
building permit for it, so the Court
said basically in no less terms
certain than this that, you know,
you can't be subject to the politi-
cal will changing just because
new people get elected: that there
has to be some certainty and
some reliance in moving forward
with projects and knowing that if
you expend these funds in reli-
ance on these approvals, that the
City is not just going to arbitrarily
change its mind or come back
and deny you the opportunity to
realize your investment backed
by expectations, but the case law
is equally clear that concept does
not apply where an approval was
initially given that exceeded the
authority of the City Commission.
MR. JIM BAUCHAMAN: Okay.
MR. DAN COX: For instance, in
those circumstances it's been
held that where a building per-
mit was issued that was im-
proper, that the City could go
back in and revoke the building
permit no matter even if building
had commenced.
MR. JIM BAUCHAMAN: Very
good. That answers my question.
Thank you.
MAYOR KELLY: Are there any
other comments?
COMMISSIONER RANKIN: Uh-
huh.
MAYOR KELLY: I know that the
subject would not be complete
without Mr. Bybee's input, and I
say that all with love and kind-
ness, because I attended 100
meetings with Mr. Bybee who
fought desperately against some
of the development, which was
approved in direct conflict with
the current Comprehensive Plan,
which was and is in force, and so
any conclusion on this subject
would not be complete without
hearingfrom him. Mr. Bybee?
MR. ROGER BYBEE: I just have
a couple of items. They, I believe
that you said 16. You probably
misspoke. The maximum density
is 15 per acre, correct?
MR. DAN COX: Correct.
MR. ROGER BYBEE: But also in
the Coastal High Hazard area it's
two units, two dwelling units per
acre under the Comp Plan.
MR. DAN COX: Well, that's true,
but the problem that we have is
that a lot of the approvals that
were given in what are areas that
will now be in the Coastal High
Hazard area: At the time those
approvals were given they were
not.in the Coastal High Hazard.
MR.-ROGER BYEEE: May be
they were and may be they
weren't.


MR. DAN COX: Some of them.
MR. ROGER BYBEE: They were
certainly in the Flood Hazard Or-
dinance Management Area,
which were V Zones, so I'm just
saying that the densities are a
condition of the particular prop-
erty upon which this application
is being reviewed; and any of this
it requires that first of all the ap-
proval has to be legal and I think
that you had said in March of
2004, there was a meeting here
in this auditorium and that there
was a concern and question
about some of the things that had
been approved by the Commis-
sion, and that those were, in fact,
problematical. I'll put it that way.
and many of those have gone on.
Now what happens in a situation
where we have some facilities,
some approvals, for example, in
which they were, projects were
built with densities in excess of
15-units per acre, and some of
those have been built. In that
situation, as I understand what
you have just said, this is not a
situation in which those people
would have to remove those fa-
cilities, or maybe it is. I don't
know what you are saying.
My problem is that if, in fact, that
has occurred, and there is dam-
age or an intent to expand such
uses would those expansions or
the renovation or remodeling
from damage then be controlled
by the existing rules, 15-units per
acre? Let's say you had 28 units
or 18 units on less than an acre,
what happens in a situation like
that?
MR. DAN COX: That' s going to
be one of the things that we are
going to have to discuss through
part of our Comprehensive Plan
Rewrite, or if you choose as, in
your legislative discretion to leave
that cap as it is and not exempt
these properties by policies, they
become nonconforming uses and
nonconforming structures. Non-
conforming uses and structures
cannot be expanded without be-
ing brought into conformance
with the Comprehensive Plan. If
they are substantially damaged,
they cannot be rebuilt except for
in compliance with the Compre-
hensive Plan.
MAYOR KELLY: Thank you, Dan.
I am going to make a personal
.comment and probably risk and
I will take that. I understand
there was a meeting of develop-
ers held today. I know it's not the
first meeting of the developers,
and I know it won't be the last
and this is America and anybody
can meet anywhere with anybody
if they want to do it, and I under-
stand that, and I appreciate that.
I would like to make the point that
those of us who were elected in
this last election, I believe a very
clear message came from the
people of Carrabelle as to the elec-
tion of the four of us. We were not,
none of us were elected by two or
three votes. Those of us who were
elected were elected by a sizable
number, if not a large majority. I
think that's an important mes-
sage that the people who went to
the polis wanted to give the lead-
ership of this City, and so I-say.
allof that in thecontext of'Dan's;,
comment that the will of his Hol-
lywood example is simply be-


cause two people were changed
on the commission and that did
not necessarily affect the out-
come. I think in our case where
four were elected and where it is
very clear that projects have been
approved in direct conflict to the
existing Comprehensive Plan of
this City, I think that there will
be repercussions, and I say that
for all of us, not just for those of
us who were elected in this last
election. That's not meant to be
a warning or a threat, or I guess
maybe it's nothing but an obser-
vation, but I want the people to
know who or attempting to take
this City in a direction that some


voters have chosen they do not
wish it to go: and I guess my com-
ments are simply directed that
those of you who are interested
in adding to the economic devel-
opment of this community in one
way or another, please be on no-
tice that we ask you to be on your
best behavior and conform to the
Comprehensive Plan, which is
currently on the books, and
which was approved for the de-
velopment of this City, and with
that sermon, I have been asked
to take a five-minute break, and
so I will do so. Thank you.


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I -








Page 12 17 February 2006


A LOCALLY OWNED NEWSPAPER


The Franklin Chronicle


Applebee from Page 1

Defendant's primary practice location as defined in the Pro-
vider Agreement was Eastpoint, Florida, and the zip code at
that location is 32328. Defendant's current employment is in
Apalachicola, Florida, and the zip code at that location is 32320.
Defendant did not violate Paragraph 8 of the Provider Agree-
ment as it relates to the primary practice location.
Judge Garj continued, "Whether or not Defendant violated
the non-compete agreement as it relates to the secondary
market location is dependent on whether the terms of the agree-
ment are reasonable in time, area and line of business. Clearly,
defining the secondary market as the physical boundaries of
any zip code other than the primary market from which Plain-
tiffs patients travel to receive medical services is so broad and
ever-changing with the treatment of new patients from differ-
ent areas that it cannot be said that such definition is reason-
able in defining the area covered by the agreement. The evi-
dence is clear that patients are seen at Plaintiffs place of busi-
ness from counties other than Franklin in Florida, such as
Gulf. Calhoun, Liberty and Wakulla Counties, as well as from
other States. The definition of secondary markets as set forth
in the non-compete clause of the Provider Agreement is not
only onerous and overbroad, but subject to change on a daily
basis and thus is unenforceable and against public policy.
If the non-compete agreement contained in Paragraph 8 of the
Provider Agreement was valid and enforceable, Plaintiff has
failed to demonstrate that Defendant solicited patients or that
patients transferred from Plaintiffs facility in Eastpoint as a
result of Defendant's new employment in Apalachicola. The
evidence presented by Plaintiff relating to its loss of patients
and damages was speculative at best. Further, while Plaintiff
claims to have a legitimate business interest justifying the
existence of the noncompete clause of the Provider Agreement,
the evidence clearly shows that Plaintiffs selective enforce-
ment and drafting of the noncompete clause with other em-
ployees belies the existence of any special facts that would
demonstrate irreparable harm.
While the non-compete clause of the subject provider agree-
ment as it relates to the primary market location is valid and
enforceable, the part relating to the secondary market loca-
tions is so onerous and overbroad that it is not subject to
modification by the Court.
Plaintiff is not entitled to recover attorney's fees and costs
pursuant to Paragraph 9 of the Provider Agreement. However,
Defendant may be entitled to recover attorney's fees and costs
pursuant to Section 57.105(7), Florida Statutes.
Additional perspective is provided in this litigation from the
written closing arguments contained in the brief filed with the
Court written by Applebee's attorney, Garvin B. Bowden (Tal-
lahassee).
Summary of Evidence Presented at Non-jury Trial
Under the guidance of the National Health Service Corps
("NHSC") and pursuant to a scholarship with the NHSC, Mr.
Applebee went to work for the Plaintiff in November of 2003.
Among the numerous health care facilities operated by the
Plaintiff in North Florida, Mr. Applebee was assigned to the
Eastpoint, Florida location where he worked as a Physician
Assistant. Because Franklin County, Florida was, and still is,
designated by the federal government as a Health Professional
Shortage Area ("HPSA"), Mr. Applebee could earn credit to-
ward his two-year commitment to the NHSC to work in a medi-
cally underserved area.
Some time after relocating to Franklin County, Florida from
the State of Washington, and after at least one pay period of
employment with the Plaintiff Mr: Applebee was required by
the Plaintiff to sign an employment agreement that included a
noncompete clause (Plaintiffs Exhibit #1). The noncompete
clause provided that for a period of two years following the
termination of Mr. Applebee's employment with the Plaintiff,
Mr. Applebee would be prohibited from practicing in the "medi-
cal services business" in either the "primary market" or the
"secondary market". Contrary to any new or inconsistent as-
sertion by the Plaintiff at trial, the "primary market" was clearly
defined in the noncompete clause as "the physical boundaries
of the zip code in which the primary practice is located." At
trial, the Plaintiffs representative, Joel Montgomery, admitted
that Mr. Applebee's primary practice location was Eastpoint,
Florida and the zip code at that location is 32328. The
noncompete clause defined the "secondary market" to be "the
physical boundaries of any zip code other than the primary
market from which NFMC (Plaintiffs) patients travel to receive
medical services." Mr. Applebee's initial request to remove the
noncompete clause was denied by Mr, Montgomery. Mr.
Applebee reasonably believed that his subsequent request to
remove the "secondary market" from the noncompete clause
was granted by Mr. Montgomery. Mr. Applebee later found
that this request was not granted.
The circumstances surrounding Mr. Applebee's termination
from the Plaintiffs employment are inexplicable. It is clear that
Mr. Applebee inquired about the possibility of being released
from his employment agreement to explore potential employ-
ment with a clinic that served the homeless in North Carolina.
What is unclear is why Mr. Applebee was terminated two days
after he notified the Plaintiff that he would not be accepting
the North Carolina job and wished to remain in the Plaintiffs
employ. In the termination letter dated May 26, 2005 (Plain-
tiffs Exhibit #2), the Plaintiff cites the probation clause in Mr.
Applebee's employment agreement as grounds for termination.
Contained in paragraph 3.1.1 of the employment agreement,
the probationary clause espoused to grant Plaintiff the unilat-
eral right to terminate Mr. Applebee without cause and with-
out notice within the first two years of his employment. Al-
though not cited as grounds for termination in the May 26,
2005 termination letter, evidence was presented at trial that
Mr. Montgomery and Plaintiffs management found Mr.
Applebee to be disruptive to and unsuitable for the Eastpoint
clinic.
At trial, Mr. Montgomery admitted that Mr. Applebee had con-
sequently lost his value as an employee and that the decision
to terminate Mr. Applebee was in the Plaintiffs best interest,
regardless of Mr. Applebee's exploration of employment in North
Carolina. Mr. Applebee testified that he was devastated by his
abrupt termination. The further testified that the Plaintiff failed
to pay him performance bonuses earned prior to his termina-
tion, failed to pay him the value of earned vacation time, and
failed to pay him withheld, or "golden handcuffs", bonuses.
Based upon his understanding of the noncompete clause in
his employment agreement and his knowledge of other former
employees of the Plaintiff working in the "secondary market",
Mr. Applebee sought and obtained employment in Apalachicola,
Florida. The Plaintiffs demands to cease such employment and
the filing of this lawsuit followed.

The Plaintiff Failed to Show Irreparable Harm
Before the issuance of an injunction enforcing the noncompete
clause in Mr. Applebee's Employment Contract, the Plaintiff
was required to make a showing of irreparable harm. The Plain-
tiff has failed to do so. Although there is a statutory presump-
tion under section 542.33 5,
Fla. Stat., that there is irreparable harm where a valid non-
compete agreement is breached, the 1990 amendment to sec-
tion. 542.335 made that presumption rebuttable. See Don King
Productions. Inc. v. Chavez 717 So. 2d 1094 (Fla 4th DCA
1998).


Although the Plaintiff may have shown breach of the
noncompete clause as written, the evidence presented by the
Plaintiff and the Defendant rebutted any presumption of harm
to the Plaintiff caused by such alleged breach. Although Plain-
tiff offered evidence that patients left the Eastpoint clinic and
transferred to Mr. Applebee's new place of employment, there
was no real proof that such transfers were caused by Mr.
Applebee or would have happened in the absence of Mr.
Applebee's relocation. There was no evidence of solicitation by
Mr. Applebee and no real explanation given for these trans-
fers. In fact, the Defendant offered alternative explanations
for the Plaintiffs alleged injury, including the high volume of
patient transfers in Franklin County, Florida, the Plaintiffs
inability to keep a physician employed full-time at the Eastpoint
clinic, and the Plaintiffs lack of staff privileges at Franklin
County's only hospital.
The Plaintiff also attempted to show harm through testimony
that it incurred relocation expenses and continuing education
expenses on Mr. Applebee's'behalf. It was clear from the testi-


mony at trial and a simple reading of Mr. Montgomery's May
26, 2005 termination letter to Mr. Applebee, that the Plaintiff
waived its right to recover such monies. (Plaintiffs Exhibit #2).
Paragraph 2.10 of Mr. Applebee's employment agreement fur-
ther clarifies that such expenses would only be reimbursable
to the Plaintiff if Mr. Applebee terminated his employment
during the first two years of his contract (Plaintiffs Exhibit
#1). This of course was not the case. Such expenses are not
recoverable by the Plaintiff and cannot be properly character-
ized as damages.
Even assuming arguendo that the Plaintiff was harmed by Mr.
Applebee, there was no evidence that such harm was irrepa-
rable. Although the Plaintiff alleges that the number of patient
visits to the Eastpoint clinic declined after Mr. Applebee's ter-
mination, the Plaintiffs own representative witness, Mr. Joel
Montgomery, testified that the patient volume at Eastpoint
clinic recovered recently and continues to fluctuate. By its
very nature, that is not irreparable harm and injunctive relief
can not and should not be granted to the Plaintiff.
The Plaintiff Failed to Establish a Legitimate
Business Interest
In order to enforce the noncompete clause of Mr. Applebee's
employment agreement, the Plaintiffs must have pleaded and
proven a legitimate business interest justifying the noncompete
clause. See Section 542.335(1)(b), Fla. Stat. To show that an
employed has a legitimate business interest that is entitled to
protection, there must be special facts present over and above
ordinary competition. These special facts must be such that
without the covenant not to compete the employee would gain
an unfair advantage in future competition with the employer.
Hapney v. Central Garage. Inc.. 579 So. 2d 127 (Fla. 2nd DCA
1991) disapproved of on other grounds.
Selective enforcement and inconsistent drafting of the
noncompete clause for other employees of the Plaintiff is the
best evidence of the Plaintiffs lack of legitimate business in-
terest: As presented at trial and unrebutted by the Plaintiff
Dr. Nancy Chorba, formerly employed by the Plaintiff at the
same Eastpoint clinic where Mr. Applebee worked, had the
"secondary market" revised to exclude the Apalachicola zip
codes where Mr. Applebee works now. In fact, Dr. Chorba ac-
tually took a substantial number of patients from the Eastpoint
clinic to her new practice, alleged by the Plaintiff to the type of
irreparable harm the Plaintiff cannot allow. Dr. Peter Obesso
had the "secondary market" removed from his agreement en-
tirely. Physician assistant and current employee of the Plain-
tiff Taylor Peaden has an exemption in his noncompete agree-
ment for "orthopedic work" regardless of the market. Dr.
Charles Franson had no mention of the "primary market" of
"secondary market" in his noncompete agreement. Dr. Claire
Arment, who was also employed by the Plaintiff at the Eastpoint
clinic, had no noncompete clause in her employment agree-
ment whatsoever. Physician assistant Ken Plumley negotiated
out the secondary market entirely and Dr. Mary Thomas was
released from her noncompete agreement to workwith a County
health department that directly competes with the Plaintiff for
Medicaid patients. It should be noted that these examples are
only for the years 2002 through 2005 and by Mr. Montgomery's
own admission, enforcement and drafting of noncompete agree-
ments was even more inconsistent in years prior.
If the Plaintiff has a legitimate business interest in preventing
its physicians.and mid-level providers from practicing in the
"primary market" or "secondary market", then why were the
aforementioned noncompete clauses ever waived or revised. It
is clear from the record that Mr. Applebee has not attempted
to practice in the "primary market", defined by the Zip Code
where the Plaintiffs Eastpoint clinic is located, but that his
current employment could fall under the definition of the "sec-
ondary market". Not coincidentally, it is in the "secondary
market" that the Plaintiff has most often compromised or
waived its claims to enforce its noncompete agreements. This
course of conduct begs the question: How could there not be a
legitimate business interest in preventing these practitioners
from working in the "secondary market", and there be such a
legitimate business interest in preventing Mr. Applebee from


98th "Silver

Wings"

Army Band

Is Coming

To "Camp

Gordon

Johnston

Days" In

Carrabelle

Through the efforts of state
and local officials Senator Al
Lawson and Representative
Will Kendrick, the 96th Army
"Silver Wings" band will per-
form as a featured attraction
of the Camp Cordon Johnson
Days Parade on Saturday,
March 11, 2006.
The Band will begin its ap-
pearance on Highway 98 at
10th Street and will continue
east to Marine Street where it
will continue playing until the
parade procession ends.
Established in 1942 as the
40th Engineer Regiment
Band, the 98th Army Band
received its present designa-
tion in 1947. Now popularly
known as the "Silver Wings"
Band, its heritage includes
seven campaign streamers
and the band has been per-
manently stationed at 17 dif-
ferent locations to include
Germany, Italy, Africa,
France, and various locations
in the United States. The "Sil-
ver Wings" Band is now lo-
cated at the Army Aviation
War fighting Center at Fort
Rucker, Alabama.
The primary mission of the
"Silver Wings" Band is to pro-
mote and enhance the morale
and esprit de corps of the mili-
tary community through par-
ticipation in official ceremo-
nies, formal concerts, and rec-
reational events. The band
also provides buglers at fu-
nerals for our veterans' fami-
lies in the southeastern re-
gion, promotes recruiting and
public relations, and repre-
sents the United States Army
at local and national activities.
The public is invited to attend
this special event and enjoy
the performance of this his-
toric musical group.


being employed as such? Especially in the case of providers
that worked at the same Eastpoint clinic as Mr. Applebee, Dr.
Chorba and Dr. Arment, the Plaintiff has demonstrated that it
is willing and able to conduct its business with competition in
the "secondary market". The Plaintiffs failure to establish that
Mr. Applebee's current employment would actually be detri-
mental to the Plaintiffs legitimate business interest should
bar enforcement of the non-compete clauses until and unless
such detriment can be proven. University of Florida, Board of
Trustees v. Sanal. M.D. 837 So.2d 512 (Ha. DCA 2003)...
By its own actions in releasing other employees from the
noncompete, or by drafting the scope of other noncompete
agreements differently, the Plaintiff has demonstrated that it
is not reasonably necessary to prevent Mr. Applebee from work-
ing in Apalachicola or any location iq the "secondary market".
Where a noncompete agreement only serves to prohibit com-
petition and prevent a former employee from gaining employ-
ment, the restriction rises to the level of an unreasonable pro-
tection. Austin v. Mid State Fire Equipment of Central Florida.
Inc.. 727 So. 2d 1097 (Fla. 5th DCA 1999). This is even more
true if the former employee has little control over the acquisi-
tion of customer price setting or operation of his new employer's
business. Id. at 1098. As a physician assistant, Mr. Applebee
is very limited in his ability to compete with the Plaintiff. He
cannot have, patients on his own and he has little or no con-
trol over the operation of his new employers' practice. The Plain-
tiff has not deemed it necessary to prevent all former employ-
ees from practicing in the "secondary market", and it would
not be reasonable to ask any different of Mr. Applebee.
Enforcement of the Noncompete Agreement would
be Detrimental to Public Health. Safety and Welfare
and Contrary to Public Policy
The 1990 amendment to section 542.335, Fla. Stat., further
weakened enforcement of, restrictive covenants in Florida by
requiring courts to consider non-enforcement of such agree-
ments when the injunction would be contrary to the public
health, safety or welfare...
Even prior to that amendment, Florida courts had held that
the compelling need for medical services iti a area outweigh
the interests of a fornier employer and the enforcement of a
non-compete against a medical provider ... A significant amount
of evidence was presented regarding the shortage of health
care professionals in Franklin County, Florida and the impact
it would have such shortage if Mr. Applebee were prohibited
from working in Franklin County. At trial, the primary care
health care shortage in Franklin County and the harm result-
ing from loss of Mr. Applebee's services were corroborated by
testimony of the state director of the NHSC, several disinter-
ested Franklin County medical practitioners, the head of the
Franklin County Health Counsel, and a member of the Franklin
County Board of County Commissioners. 'It is clear from all of
their testimony that enforcement of the noncompete clause
against Mr. Applebee would be detrimental to the public health,
safety and welfare of the citizens of Franklin County, Florida.
Coincidentally, such enforcement would also be contrary to
the primary mission of the Plaintiff and the federal Bureau of
Primary Health Care to "increase access to primary health care
in Franklin County.
Enforcement of a noncompete agreement that generally vio-
lates public policy is also prohibited by section 542.335, Fla.
Stat. An injunction will not be rated when it plainly appears
,that it will result in confusion and disorder and will produce
injury to the public that outweighs the individual.right of the
plaintiff to the relief. Stanberry v. Escambia County, 813 So.
2d 278 (Ha. DCA 2002) citing Fredricks v. Blake. 382 So. 2d
368 (Ha. 3rd DCA 1980). Testimony was offered establishing
that Franklin County is a federally designated Health Profes-
sional Shortage Area (HPSA). Although there appears to be no
cases in Florida dealing specifically with. enforcement of a
noncompete agreement in a HPSA, or the public policy against
such enforcement, at least one New York case is persuasive
on such particular matters...


IXIE

THEATRE


A Not-For-Profit

Theatre Presents


APALACHICOLA, FLA.




Driving Miss. Daisy






by Alfred Uhry






February



17, 18, 19 24, 25, 26



Friday & Saturday 8:00 p.m. Sunday 3:00 p.m.

with Friday Dinner by Paul Gant Bar-B-Q

Limited Seating -Make Reservations Early





850-653-3200


www.dixietheatre.com Schedule subject to change


Supported in part by the
Franklin County Tourist
Development Council. Call for
your free vacation guide and
calendar of events
(850) 653-8678.
www.franklincountyflorida.com


Don't Miss The DIXIE Does Nashville in March


C (7) (--1 N TY F LC7) R; I $ -f

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I 1 I


- -I




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