Franklin chronicle

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Franklin chronicle
Russell Roberts
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United States -- Florida -- Franklin -- Apalachicola
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The Franklin Chronicle


Volume 4, Number 7

Published every other Friday

7 April 20 April 1995

Countdown on Resort

Village Appeal Begins

as Concerned Property

Owners Intervene

On 30 March 1995, Dr. Tom Adams and the Concerned Property
Owners of St. George Island Plantation (CPO) filed a brief in opposi-
tion to the Recommended Order issued by the Division of Adminis-
trative Hearings (DOAH). The DOAH Order recommended that the
Governor and Cabinet, sitting as the State of Florida Land and Water
Adjudicatory Commission (FLWAC) overturn Franklin County's deci-
sion to den Dr. Ben Johnson and the Resort Village project permis-
sion to build multi-family housing (condos) in the commercial area
inside me isiana's Plantation development. Earlier efforts involving
Dr. Johnson, the Governor's aides, Concerned Property Owners, the
Dept. of Community Affairs, and other entities in negotiations for a
solution to the building controversial Recommended Order have been

Mr. Lee Williams, attorney
representing the interest of
Dr. Ben Johnson and Resort
Village, as he spoke before the
Cabinet Aides, Wednesday, 5
April 1995. Williams said of
the interests fighting the
Resort Village development on
St. George Island, "They will
give you a bunch of baloney
about this being a local land
use issue...because that is a
Lu----.h aLs_1_ II




This chart shows the leasehold for Coastal Petroleum, a
u [ / \ band about 3 miles wide, extending from Apalachicola down
through Naples, 7.4 to 10.4 miles off-shore.

coastal Petroleum
poised for Test
rill Off St. George
land ,In Apalachicola, has held leases
under Gulf water since 1947.
Each year, Coastal pays the State
of Florida about $59,000 for those
leaseholds, extending out to about 1 a >
iile federal permits are pend- 10.3 miles from the coast. Only
i, the Department of Environ- the last 3 mile zone is open for
;ntal Protection's (DEP) impo- possible drilling and this would
ion of additional cleanup guar- put test wells within four miles of | w.. .-
tees were thrown out of the St. George Island. The site in-
st District Court of Appeals last volved in the recent DEP case was
ek, as the court sent the mat- number 1281 lust a few miles rm
back to the administrative south of the Sikes Cut, St George [\i
ency for a new ruling. Previ- Island. \K \ (
sly, DEP had told Coastal Pe-
leum that to obtain a permit Some have asserted that Coastal
drilling in the Gulf of Mexico, Petroleum is more interested in \
its leased acres, the company litigating with the State of Florida,
uld have to guarantee up to perhaps in hopes of compensation
15 million in cleanup costs- under the theory of a "wrongful
would there be an oil spill. taking" because of excessive regu-
lation and denial of permits. The
t, Coastal had argued that they attorney representing Coastal Pe-
Id into a Petroleum Exploration troleum in the la test litigation,
d Production Trust Fund, Robert J. Angerer, Tallahassee,
ich satisfied the requirement of argues strongly that this is not the
>rida law, and the First District case In his view a most viable

On Wednesday, 5 April, at the Capitol (Tallahassee) Dr. Ben Johnson's
attorney, Lee Williams, dug in his heels on the Resort Village appeal
to the Land and Water Adjudicatory Commission. The first stage of
the appeal involves briefing the Cabinet Aides, who will brief their
bosses in time for next week's Governor and Cabinet meeting (11
April 1995). Williams led off the arguments calling the Franklin
County's assertion that the entire matter was a local land-use matter
which ought to be left to the County to settle "a bunch of baloney."
Williams reminded the Cabinet aidesthat the appeal from the Frank-
lin County decision denying Dr. Ben Johnson permission to build
multi-family housing in his commercial development on St. George
island was not a hearing nor a political decision-making forum. "This
is a judicial proceeding," he emphasized. By invoking that status,
Williams was seeking to reiterate that the Resort Village side of this
case entered inio evidence certain testimony and documents, subject
to the usual rules of judicial proceedings, including the concept of
due process and cross-examination. He said further, that the Frank-
lin County Commissioners had a "...mind-set...they believe that they
have the unbridled discretion, regardless of what the law is, to turn
down a request to develop...that property, multifamily, for no reason,
regardless of what the evidence is..."

If negotiations fail, the Governor and Cabinet will be faced with a
dilemma of overturning a local county's land use decision by approv-
ing the Recommended Order from an administrative Officer, Michael
Ruff, or modifying the Order to allow the County's January 1994 Land
Use decision to stand. The appeal route from the FLWAC would be to
the First District Court of step Appeals, the first step in the judicial
ladder of review. Continued on page 8

continually having problems
maintaining a rinlcipal; she felt
that the school was experiencing
a leadership problem, which she
noted negatively impacted the
students of Apalachicola High
School. School board member
Willie Speed concurred with Ms.
Creamer and said that
' Apalachicola High School has had
almost twenty principals in the
S' last twenty years. The board de-
.. cided at the special meeting to
Begin advertising for a new high
School principal.
TI 'thr JLh1 n l1 b d b..,jIUU1 .

Principal Duggar

The Franklin County School
Board announced at a special
meeting on 30 March that
Apalachicola High School Princi-
pal Ed Duggar had submitted his
resignation. The resignation,
which was dated 6 February,
listed personal conflicts for rea-
sons of leaving. Chapman El-
ementary School teacher Kathy
Creamer complained that
Aoalachicola High School was

IlI ULIITl 01-I1UU1 LUUi:.I UU0i11C*;
*The board unanimously agreed
to approve resolutions supporting
the opening ofa Carrabelle prison
and maintaining the Nemours
Children Clinic.
*Board member Willie Speed said
that he had met with several state
legislators to speak about sparcity
funding for Franklin County
Schools. Mr. Speed also stated
that he was planning to attend the
state School Board Association
meeting and requested that fellow
board members give him sugges-
tions for discussion at the meet-


Lofton Resigns
The Carrabelle City Commission
met on 3 April with one less city
commissioner. Carrabelle Com-
missioner Tommy Lofton submit-
ted his letter of resignation to the
board on 29 March and listed
ongoing health problems as rea-
son for resignation. Commis-
sioner Lofton suggested a replace-




ment for his seat in nis letter of
resignation. The board of city
commissioners will presently be-
gin accepting applications for the
vacated seat The board expects
to announce a replacement for
Commissioner Lofton's seat at
their next regular monthly meet-
In other Carrabelle city news:
*The city commissioners approved
the hiring of full time police of-
ficer Anthony Scott Alligood un-
der the Cops Fast Program.
*The board decided to reject all
previous bids for the artificial reef
construction and re-advertise for
new bids.
*The board accepted a bid from
Tom Beavers of ERA Apalach to
rent the old U.S. Coast Guard
Dock. Mr. Beavers will rent the
dock on a month-to-month basis
for one hundred dollars per
*The board agreed to halt con-
demnation procedures on prop-
erty owned by Mr. Arthur David
Oman, contingent on a letter of
approval from city building in-
spector Roscoe Carroll that Mr.
Oman is working to refurbish the
lot 5, block 75 property in accor-
dance to city standards.
*The board approved the concep-
tual agreement of Carrabelle's
Riverwalk and Tidal Basin Park

Court of Appeals agreed.
They refused to reconsider their
decision and refused to move
the case forward to the Florida
Supreme Court.
However, the State of Florida,
through the Office of Attorney
General, has filed a request to
stay the order as a preliminary
move to appeal to the Florida Su-
preme Court, on Friday; 31 March
The DEP decision is the latest in
a long line of litigation involving
Coastal and the State of Florida,
including one for compensation
under the controversial theme of
taking of privately held lands
without ust compensation, by im-
posing regulations which impinge
upon an owner's ability to exploit
that land.
Florida has banned off-shore drill-
ing since 1990, but this prohibi-
tion does not apply to Coastal Pe-
troleum, which has held leases on
a band of undersea land extend-
ing from Apalachicola south to
Naples. The 1990 statute ex-
empted existing leases, and
Coastal Petroleum, with an office



The trial ofJennette Kirvin-Floyd
ended in a mistrial on 29 March.
Ms. Floyd, a sixty-one year old
Leon County resident, was ar-
rested on 25 October, 1994 and
charged with resisting arrest.
At the 29 March trial, Ms. Floyd
testified that she was stopped by
Officer Michael Moore of the Fran-
klin County Sheriffs Department
while she was driving her friend,
Edie Jernigan, to her home on St.
George Island. Ms. Floyd stated
that a police cruiser had begun
driving behind her vehicle very
closely on ninth street and that
the cruiser's high beam lights
were shining against her vehicle.
After several blocks, Ms. Floyd
said that the police cruiser began
flashing its lights.
Ms. Floyd said that once she was
stopped by Officer Michael Moore,
she requested to know why she
was being stopped. Floyd said
that Officer Moore did not answer
her question, but told Ms. Floyd
to present her driver's license to
him. Ms. Floyd said that she in-
formed the officer that she had
Continued on page 6

prospect of discovering oil as part
of the "Jurassic Track" is more
likely, and the production of oil
would be, be far, more valuable
for the company than compensa-
tion from the State of Florida. Put,
in the last two decades, test wells
along the Coastal leasehold
"track" have not produced any oil
discoveries. Yet, there are viable
fields producing oil for other cor-
porations at either end of the "Ju-
rassic Track".
According to a DEP circular "1992
and 1993 Florida Petroleum Pro-
duction and Exploration", Just re-
leased, oil production in the west-
ern panhandle began with the dis-
covery of Jay field in June 1970.
Eight panhandle oil fields are lo-
cated in Escambia and Santa
Rosa counties. Five fields are ac-
tive and three are plugged and
abandoned. The second major oil
producing area in Florida Is the
Sunniland Trend in south Florida,
which includes 14 fields. South
Florida production began with the
first oil discovery at Sunniland
Field in September 1943. Out of
the 14 south Florida fields, seven
are active, four are temporarily
"shut in" and three are plugged

and abandoned. These tields are
oriented along a northwest-south-
east trend through Lee, Hendry,
Collier and Dade Counties, with
production principally from
rudistid reefs found in the upper
one hundred feet of the Lower
Cretaceous Sunniland Formation.
The peak for Florida oil produc-
tion was at 47.5 million barrels
in 1978 and since then has been
declining. Production in 1992 was
about 5,424,516 barrels, up
about 15 % since 1991. The in-
creased production is attributed
primarily to the Jay field. Off-
shore drilling activity has involved
19 wells drilled in Florida state
waters between 1947 and 1983.
Only one company, Coastal Petro-
leum, has pre-existing lease ar-
eas and mineral-rights 'eases in
Florida State waters. Coastal has
held these leases Since 1944 in a
three-mile wide band, 7.4 to 10.4
miles offshore, extending from
Apalachicola Bay to Naples.
Only one of the wells drilled in
state waters had a significant oil
Continued on page 4

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Pase 2 7 Anril 1995 The Franklin Chronicle

Published twice monthly on the 10th and 26th

Sheriff Reports Lanark Residents

Overcrowding Up In Arms Over
Building Addition

Franklin County Sheriff Warren
Roddenberry reported to the
Franklin County Commission on
4 April that the county jail was
experiencing problems with over-
Sheriff Roddenberry told commis-
sioners that the county jail had a
capacity of seventy-six inmates.
Roddenberry said that the Jail has
had as many as ninety-eight in-
mates and presently had eighty-
six inmates. Sheriff Roddenberry
noted that forty-six of the inmates
were county inmates and the re-
maining forty were state inmates.
With the overflow of inmates,
Franklin County has had to turn
to Bay and Gulf counties for help
in housing the inmates. Gulf
County, said Roddenberry, can't
house anymore of Franklin
County's inmates. "And my wife
don't want me to bring any of
them home," joked Roddenberry.
Presently, Bay County is housing
ten of Franklin County's inmates.
While the cost for housing an in-
mate in Bay County is forty one
dollars and forty-nine cents, Fran-
klin County is only being paid
thirty-two dollars per bed from its
state contractor. Sheriff
Roddenberry felt that the current
overcrowding problem would be
a short-term problem.

County Employee

Franklin County Labor Attorney
Lucille Turner addressed the
board of county commissioners
on 4 April to recommend the ter-
mination of county employee
Leonard Brownell.
Labor Attorney Turner stated that
she had met previously with Mr.
Brownell and had asked for sug-
gestions for alternative work with
the county. Leonard Brownell had
lost his Non-Department of Cor-
rections Supervisory certification
in January of 1995. The loss of
certification has prohibited Mr.
Brownell from supervising in-
mates. Brownell had suggested to
Ms. Turner the possibility of work-
ing as a mechanic's helper or as
a driver for the public works de-
partment. Turner stated that the
county could not provide full-time
employment for the mechanic's
helper position and that the driver
position would require supervi-
sion of Inmates.

Mr. Brownell complained that he
was unfairly singled out by the
Department of Corrections. He
stated that other members of the
public works squad had worse
criminal records than he did.
Franklin County Work Camp Ma-
jor Tim Whitehead said that Mr.
Brownell's record was investi-
gated on the basis of "allegations
and some factual records." La-
bor Attorney Turner suggested
that Mr. Brownell's only course of
action was to challenge the De-
partment of Corrections' decision
to revoke certification.
Mr. Brownell stated that the re-
cent inmate allegations against
him were also made against other
employees at the public works
department Brownell noted that
no action was taken against the
other county employees. "It think
it's a sad day in Franklin County
when we take the word of an in-
mate over a county employee,"
remarked Commissioner Ed
Tollver. Commissioner Braxton
countered stating that both Solid
Waste Director Van Johnson and
Superintendent of Public Works
Prentice Crum agreed with the
allegations made by several in-
mates against Brownell and that
they recommended the termina-
tion of Leonard Brownell. Chair-
man Mosconis concurred, "Some
allegations were made and action
taken that we don't have any con-
trol over." Commissioner Putnal
requested that the board allow Mr.
Brownell more time to investigate
the Denartment of Corrections'
decision to revoke his certifica-
tion, before voting to terminate
him. "He's (Leonard Brownell} had
three and a half months since he
was initially notified. If he wanted
to do an investigation, he's had
ample time to do it," said Attor-
ney Turner.
The board of commissioners then
voted to terminate Mr. Brownell
with a majority of three votes to
two (Commissioners Toliver and
Putnal voting no).

By Bonnie Dietz
The Lanark Village Association
met for their monthly meeting at
Chillas Hall on 2 April at 7:00pm.
Betty Neylon thanked all those
that helped with the Corned Beef
Dinner. Betty also announced
that Ralph & Ruth Dietz agreed
to take over the Coffee Hour Com-
mittee, saving it from certain ex-
tinction. Summer coffee hours
will be 8:30am 10:30am from
May through August. Ann Bailey
has also agreed to take back run-
ning of the Covered Dish Dinner.
Next Covered Dish will be on Eas-
ter Sunday. Everyone was invited
to come and fellowship with their
A letter of resignation from Vice
President William Purser was read
by President Neylon who informed
those present that the Board had
accepted his resignation effective
immediately. The Board is now
hunting for someone to finish out
the term as Vice President.
Ms. Neylon informed the members
that the Franklin County Health
Department will be available on
Thursday in Carrabelle but ar-
rangements could be made to
have a group come to Chillas Hall.
Neylon requested input from the
Community as to what health ser-
vices they would be interested in.
Fred Hart informed the member-
ship that County Ordinance 73-2
(Nuisance Ordinance) would be
up for vote for amendment before
the County Commissioners in the
near future. The amendment will
include a fine that can be imposed
on those found guilty of violating
the ordinance. It was also men-
tioned that there is now a double
yellow line on Hwy 98 from Spring
Street past Heffernan Drive. Mr.
Purser was commended for his
efforts and work with the County
commissioners and D.O.T. to get
the double yellow line on Hwy 98

Gulf Commissioners
to Pare Down Paving

Each Commissioner given
$70,000 to spend in their
districts on roads

By Laura Rogers
C.W Roberts who did not submit
a bid in the first go-around for
Gulf county's proposed paving
project, came inwith the accepted
bid at the 26 March County Com-
mission meeting. The Hosford
construction group, while over the
county's projected amount by
$157, 864 was the only one that
came even close to what the com-
missioners had decided to spend.
The decision was made unani-
mously to accept this bid and give
each commissioner $70,000 for
their district. It will then be up to
the individual commissioner to
decide which roads will be cut in
order to bring costs down the ap-
proved $350,000. The district
with the most to cut is District 2
with $126,538 in costs. The dis-
trict with the least to cut will be
District Four with $88,737 in es-
timated costs.
The Gulf County Chamber of
Commerce will use a donation of
$2,500 to aid fisherman fighting
the net ban. Other counties are
also donating to the legal costs of
the fishermen, and private dona-
tions are also being accepted.
Local young citizen Charlie Cole
will benefit from the commission's
generosity as it was agreed that
he would be paid $650 each for
three demonstrations of the sci-
ence project he will be exhibiting
in Canada this spring at the In-
ternational Science Fair Compe-
Citizen Linda Daniels read a
lengthy summary of complaints
and allegations regarding her re-
peated efforts to get St. Joe Natu-
ral Gas company to move a natu-
ral gas substation from Hwy 71,
and the shoulder of CR 386. She
mentioned many car accidents
that had occurred due to the sta-
tion being there. Commissioner
Traylor pointed out that every ac-
cident that had occurred in the
area had occurred at Hwy 7], and
had nothing to do with the sub-
station. Ms. Daniel's then replied.
"That doesn't mean it couldn't
Commissioner Hammond stated
that St. Joe Natural Gas had done
everything they were supposed to
do prior to placing the substation
in its present location. Commis-
sioner Traylor then responded to
the effect that while it might not
be entirely safe, many situations
in life were unsafe, and the com-
pany had satisfied all the commis-
sioners concerns.

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here to tell you," emphasized
Dunkley, "This is not Just a St
George Island problem, it's a
county problem." Mr. Dunkley
then presented petitions to pro-
hibit both the construction of the
multi-family complex and the
water treatment plant.

Betty Neylon informed the mem-
bers that the next Yard Trash
pickup will be on 12 April. Bonnie
Dietz will check on the possibility
of an appliance drop cite in
Carrabelle. Ralph Dietz gave a
report on the Community Patrol
of which he is the Commander.
He says that the patrol has no-
ticed that people are not obeying
the new 15mph speed limit and
stated that the patrol will stop
motorists to make sure they are
aware that the speed limit has
been changed. He also informed
US that there have been reports
of robberies and stated that mem-
bers of the patrol should not get
out of the vehicle. They should get
a license number when possible
and radio any suspicious vehicles
or behavior to the Sheriffs Office.
There was a question asked by Mr.
Jones as to what happened to the
phone which used to be outside
the Post Office. Ms. Neylon in-
formed him that at the request of
the Post Master, the phone has
been removed because the users
of the phone have caused prob-
lems with the operation of the Post
Office. Ann Marshall has agreed
to have a phone installed by the
Village Cafe and Laundromat.
One of the residents asked
whether there was anything that
could be done about people park-
ing all over the grass along the
roadway. The resident also asked
if something could be done about
abandoned cars. Ms. Neylon told
the resident that abandoned cars
should be reported to the Sher-
iffs Office at 697-2113. As far as
the parking on the grass, Ms.
Neylon said that no action could
be taken concerning the parking
alonn the roadside without a Dub-
lic hearing.
The owner of apartment 9-7 has
been invited to go before the
county commissioners with a
complaint against the resident in
apartment 9-8. Evidently the
gentleman in apartment 9-8 has
uilt an addition to the apartment
he is renting which is 16 feet in
length from the original wall,
which makes it in violation of a
county ordinance that only per-
mits buildings to be erected 11
feet from the original building
wall. According to Joe, resident
and owner of apartment 9-7, the
adjacent building looks like a
scrap yard with cars and motor-
cycles parked all over the place.
The hearing will be at 10:00am
on 3 April at the Franklin County
Court House. President Neylon
urged residents to go and support
Joe and show their concern.
As a summary of what's happened
so far; Jim Lawlor, owner of apart-
ment 9-6 filed a complaint ivith-
the county commission when he
noticed a slab had been poured
at apt. 9-8 exceeding the 11 foot
rule. He also complained to the
commissioners as each step of the
building was put up. The county
finally admitted it was in error and
Mr. Lawlor dropped his complaint
after the county agreed to appoint
a 4 member committee which will
have final approval on permits
requested before a building per-
mit is issued.
It was also brought up that the
resident in apt. 9-8 also wishes
to build a double car port to be
used for the repair and storage of
motorcycles. Joe, owner of apt. 9-
7 had a petition in which he asked
property owners to sign. Joe has
pictures of gasoline which has re-
portedly been dumped on the
ground. Environmentalists have
been called out as well as the
Sheriffs Department but nothing
has yet been done. There has been
a stop work order placed on the
posts which were put up for the
car port until after the hearing.
The occupant of 9-8 has hired a
lawyer and is fighting the com-

Governor's Board


At the meeting of Emerald Coast
Hospital's Governing Board on 22
March, Chairperson Jennette
Pedder received the monthly fi-
nancial data from Emerald Coast
Hospital that she requested at the
previous meeting. Ms. Pedder, af-
ter looking at the data, requested
that Emerald Coast Representa-
tives Dallas Shiver and Paul
Sandhu provide the governing
board with a simpler breakdown
of money earned, expended and
the overall balance of Emerald
Coast Hospital's accounts each
month. "According to the descrip-
tion of the Governing Board," said
Ms. Pedder on 5 April, "we have
oversight capacities. We'll be find-
ing out in the future just what
those oversight capacities entail."


Pleads to Charges

Ex-County Commissioner Tom
Saunders pled no contest to the
charges of Grand Theft on 3 April.
Mr. Saunders agreed to one year
of probation, with the condition
that he initially complete the eight
week Natural Bridge Drug Treat-
ment Program in Woodville. Assis-
tant State Attorney Frank Will-
iams requested that Mr.
Saunders' drug treatment not be
limited to theeight week program,
if the Natural Bridge Program rec-
ommends further treatment.
Saunders objected saying that the
felony charge that was against
him was not drug related. Judge
P. Kevin Davey disagreed stating,
"When you start stealing from
your family, you've hit rock bot-
tom." Ex-Commissioner
Saunders responded, "This is not
drug related as everyone assumes
it is." Mr. Saunders explained
that he had borrowed a car from
a family member and had forgot-
ten to return the vehicle. Judge
Davey responded, "Bingol"
Mr. Saunders then agreed to the
conditions of probation outlined
by the prosecution. Maintaining
that his grand theft charge was
non-drug related, Saunders did
confess, "I'm an addict. I'm here
to tell you that. I'll always be an
addict and you'll (Judge Davey}
never be able to change that."
Judge Davey accepted Saunders'
plea and withheld adjudication.

Seafood Workers


Review Amended

Emergency Rule

The Seafood Workers Association
ISWAI met on 27 March to review
the recently amended and De-
partment of Environmental Pro-
tection {D.E.P} approved Emer-
gency Rules that will govern the
working conditions of Florida's
oyster harvesters for at least thirty
and up to ninety days.
SWA Representative Monica
Lemelux told the small group of


for Another

Four Years

Apalachicola Mayor Robert L.
Howell was among five Northwest
Florida Water Management Dis-
trict Board members (NWFWMD)
reappointed to four-year terms by
Governor Lawton Chiles.
Reappointed were E. Hentz
Fletcher, Jr., of Quincy, Bennett
Eubanks of Blountstown, M.
Copeland Griswold of
Chumuckla, Robert L. Howell of
Apalachicola and George Willson
of Tallahassee. Originally ap-
pointed to the NWFWMD Govern-
ing Board in 1991, their terms will
now be extended through March
1, 1999.
Continuing members include
Charles W. Roberts of Bristol,
John O. de Lorge of Cantonment,
John R. Middlemas, Jr., of
Panama City and Roger H. Wright
of Valparaiso. Their four-year
terms expire March 1, 1997.
The nine-member Governing
Board oversees and guides Dis-
trict activities. One board mem-
ber is appointed to represent each
of the District's five major hydro-
logic basins and four are selected
at-large. Board members serve
without compensation.
NWFWMD Executive Director
Douglas E. Barr indicated that he
was "very pleased with the reap-
pointments and the opportunity
given to the District to continue
with its commitment to manage
the water resources within its 16-
county jurisdiction under the di-
rection of an experienced and ef-
fective board."
All reappointees were sworn in at
the March Governing Board meet-
ing and are pending confirmation
by the Florida Senate.
Current Governing Board officers
also were reappointed to their re-
spective offices at the March
meeting. Continuing to serve as
chairman is Charles W. Roberts,
E. Hentz Fletcher, Jr., as vice
chairman and Bennett Eubanks
as secretary.

Hwy 98


STEP BACK IN TIME-Charming Apalachicola home with a front porch
swing to relax In and a huge back deck for entertaining. Completely
renovated-new roof, plumbing, wiring with central heat and air-
$59,500 (RV258)

904/653-2555 (Apalachicola Office)
904/697-HOME (Carrabelle Office)
904/653-9161 (FAX)
904/653-2589 (Evening)
Member of the Frankin County
REALTORS Ajsocialion

Apalachicola, FL
Each Offce Independently
Owned and Operajed

AL "r., 1, AdI I

assembled harvesters that their
oyster products would require
some type of covering on their
boats and also on the vehicles that
they used to transfer their prod-
ucts to a certified seafood dealer.
The harvesters, said Lemelux,
would also have to have their
products to a registered dealer by
6 P.M. for each working day. Ms.
Lemeiux also told harvesters that
they would need to purchase wa-
terproof tags to record their time
and location of harvesting. Ms.
Lemeiux said that the SWA would
look into bulk rate prices for the
waterproof tags. According to
Mark Collins of the DEP, the tags
would be instrumental in pin-
pointing cases of vibrio vulniflcus.
He stated that, with the help of
the harvester's tags, if cases of
vibrio vulnifus do arise, the DEP
will be better able to find the lo-
cation of the disease and close
down only the oyster bars that
have been found to be tainted.
J.T.P.A. (Job Training and Part-
nership Act) representative Mr.
Varner announced that the
J.T.P.A. program would pay for
displaced seafood workers to ob-
tain their captain's licenses. Mr.
Varner stated that the program
would only pay for two individu-
als at a time to obtain their
captain's license. Furthermore,
said Varner, the two individuals
obtaining their captain's licenses
would have to secure employ-
ment, before the J.T.P.A. would
pay for additional captain's li-
censes. Mr. Varner also stated
that the J.T.P.A. would pay for
books, tuition and mileage for dis-
placed seafood workers to attend
aney or Lively Vocational
Schools. An individual would have
to attend Haney three days per
weeK to quauiy or i.r.A. assis-
tance, though only have to attend
Lively once per week to receive
similar assistance. Varner added,
"There's a test at Lively they make
you take. If you flunk it, you can
go there for free."
St. George Island resident Chuck
Dunkley spoke to those in atten-
dance about the multi-family con-
AInmlnlim rL-PPlnnmr nt nnd
ninety thousand gallon treatment
plant that is planned for construc-
tion near Nick's Hole in St. George
Island. Mr. Dunkley said that the
treatment plant would be an en-
vironmental hazard that would
affect all of Franklin County. "I'm

St Geo Water

Rates Ease Up


Water rates to St. George island
utility customers are likely to in-
crease again, but about 1.55 per
cent. On 1 February 1995, the
utility filed its notice of intention
with the Florida Public Service
Commission (PSC) to increase
rates as a result of legislation per-
mitting utilities to do so under
certain circumstances.
In July of 1980, the Florida Leg-
islature adopted provisions per-
mitting water and waste water
utilities to adjust, twice a year, the
rates and charges to its custom-
ers without those customers bear-
ing the additional expense of a
public hearing. These adjust-
ments in rates would depend on
increases or decreases in noncon-
trollable expenses subject to in-
flationary pressures such as
chemicals and other general op-
eration and maintenance costs.
Also in July of 1980, with subse-
quent amendments, the Florida
Legislature passed a law permit-
H irr wtfr andr wastewater utill-
ties to pass through, without a
public hearing, a change in rates
resulting from utility services re-
ceived from a governmental
agency or another regulated util-
ity and which services are redis-
tributed by the utility to Its cus-
tomers; an increase or decrease
in the rates that it is charged for
electric power, the amount of ad
valorem taxes assessed against its
nlPd and isefill nronertv. or the
regulatory assessment fees Im-
posed upon it by the Commission;
and costs incurred for water qual-
ity or wastewater quality testing
required by the Department of
Environmental Protection.

qa m ....

MA -SaI 9:30-5:30
Ja tL" hwv oj hiijatc 4palahiucA,

Second one for 1!

Althea (Rose. of Sharon) $1.99-

2nd for 1C

Philodendron Selome $2.49-

2nd for 1

...and many other plants on sale


The Franklin Chronicle 7 April 1995 Page 3

ruUiisIneu LtIco 1II JRILIIIJ V 1 CII I CI

Editorial and Commentary

Retraining for What?

Administrators from the Franklin County School District met with
the County Commissioners this week at the regular meeting of the
Board. They have offered their offices and services to assist in the
must discussed "retraining" proposals which are part of the disaster
funds made available from the federal government. Indeed, the Com-
missioners went on record to recognize the need for retraining, but
Jimmy Mosconis, the Chairperson of the Board, raised an important
point in that process. He said, in effect, "We want t6 know what you
would do with the money." Pause. His question is most appropriate
at this time, despite the windfall of negative news about budget-cuts
and slashed funds. Marie Marshall also rose to the occasion by add-
ing that more citizen input was also required on these decisions. I
suggested that more of the alphabet soup organizations still reason-
ably active, such as the Economic and Tourism Council, be involved
in the process of developing a retraining plan.
There are two categories of funds seemingly making their way into
the County: (1) Disaster money, which has inched abit closer to the
County Treasury, and (2) additional state and federal dollars involved
in adapting to the so-called Net Ban, although the eventual forma- J
tion of those funds is still uncertain. Under (1), about $700,000 is
slated for a revolving loan fund. The balance would be split between
the shell program, economic development and retraining. Under (2),
this assistance is still being&scussed in the Legislature and else-
Some basic questions about the county's current economy, and what '
appears to be most viable as future economic developments, and of i ,
course the specific concerns of those seeking to remain in Franklin RO .
County, to make a living, need to be asked and answered. As C. T. M :.
Ponder, School Superintendent indicated, a rigorous "needs assess- i
ment" (to use the Jargon of the planner) mustbe completed before
any "retraining" effort would be put into place. A lot of other answers 'I
would be forthcoming on related matters such as the identified needs I
for facilities in which to "retrain." I do not think it fair to place this i
entire burden on the School District. but the initial thrust for such .

planning must come from the Board of County Commissioners. Mr.
Mosconis seems to be headed in the right direction, with his initial
question. I would also suggest that he convince the Commissioners
to revisit their close decision on aquaculture leases, and allow limited
plots to be formed in Apalachicola Bay. These would NOT harm, nor
take away from existing oyster beds. The Commissioners might sur-
prise themselves by discovering private money might also flow into
this activity,for investment in small farms growing clams and oysters
and perhaps fin fish. This is the time to think boldly, and discard old
superstitions and suspicions to the wind. There is more at stake here
than the County's future. The county must survive now.
Tom W. Hoffer

What's Different in
Lanark Village?
By Bonnie Dietz
You may have noticed something
different around the village the
last several weeks. First of all the
speed limit in the village has been
reduced from 35 mph to 15 mph.
Hopefully, reading this article will
inform those who haven't seen
the 15MPH speed limit signs that
they are now posted throughout
the village.

Also; along Hwy 98 from Spring
Street past Heffernan Drive, there'
is now a solid double line that
makes that section of Hwy a "No
Passing Zone". The residents I
have talked to say this was long
overdue and hope that it will make
turning into the village from Hwy
98 and onto Hwy 98 from village
side roads safer.
Several residents have also ex-
pressed to me that they thought
the speed limit on Hwy 98 should
be decreased to 35 MPH as it is
in Carrabelle and Eastpoint.

S904-385-4003 (TALLAHASSEE)
'fio Facsimile 904-385-0830
Vol. 4, No. 6 7 April 1995

Publisher Tom W. Hoffer
Editor and Manager Brian Goercke
Contributors Carole Ann Hawkins
............ Paul Jones
............ Randle Leger
............ Bonnie L. Dietz
............ Rene Topping
............ Lee McKnight
............ Judy Corbus
......... ...Darl R. Ostrander
............ Wayne Childers
............ Laura K. Rogers
............ Holly Gallups
............ Amanda Loos
Survey Research Unit Tom W. Hoffer
............ Eric Steinkuehler
Sales Manager Theresa Williams
Computer Systems,
Advertising Design,
Production and Layout Christian Liljestrand
............ Eric Steinkuehler
............ Audra Perry
Proof reader .................... Various
Circulation ............ ............. W ill M orris
Video Production David Creamer
Citizen's Advisory Group
George Chapel .... Apalachicola
Sandra Lee Johnson ................................. Apalachicola
Grace and Carlton Wathen ......................Carrabelle
Rene Topping .. Carrabelle
Pat Morrison St. George Island
Tom and Janyce Louthridge .................... St. George Island
Elizabeth and Jim Sisung Eastpoint
Brooks W ade ........................................... Eastpoint
Wayne Childers ............. Port St. Joe
Back Issues
For current subscribers, back issues of the Chronicle are available
free, in single copies, if in stock, and a fee for postage and
handling. For example an 8 page issue would cost $1.60 postpaid.
To others back issues are priced at 350 each plus postage and
handling. Please write directly to the Chronicle for price quotes
if you seek several different or similar issues. If a single issue,
merely add 35g to the price quote above. In-county subscriptions
are $16.00 including tax. Out-of-county subscriptions are $22.26
including tax.
All contents Copyright 1995
Franklin County Chronicle, Inc.

Vandalism Is a Waste

The headline is not likely to engender much controversy in these parts
but vandals leave their landmarks around Franklin County each
spring, it seems. The photo is more likely to generate a little pain
when we realize that some time and effort will be needed to set things
right, and complete the repairs. And, some of us are likely to suspect
the new waves of visitors to Franklin County as having something to
do with this damage. The Sheriffs office suspects vandalism as well
but there is no evidence as to whom the responsibility and account-
ability for that damage should be assigned. Actually, we all need to
maintain some kind of vigilance and watchfulness to prevent these
events since the law cannot be everywhere in Franklin County at a
given moment in time when someone thinks it would be neat to un-
earth an important landmark, or perhaps raid an old graveyard and
pull up aging tombstones. We lament such thoughtless, cowardly and
Just plain dumb acts of vandalism. Perhaps by showing this damage,
we might renew our resolve to work harder to surveille our environ-
ment more often, and the culprit who did this deed can reflect a cheap
pride in ruining the environmentjust a bit, and hopefully obtain some
perspective on on growing up in a more civil manner. This "monu-
ment" to maturity might also reflect a lesson to those persons who
are having problems coping in an adult world, regardless of their
physical age. The uprooted plaque dedicated to the island bridge in-
flicts damage on the County, and runs roughshod over the intentions
of many people who sought merely to recognize the name and the
effort it took to complete such a gigantic task of spanning the
Apalachicola Bay, and all of the warm memories this geography rep-
resents. ,
Tom W. Hoffer ....

"Use or Lose"

Funding for

Governor Lawton Chiles' Commu-
nity Redevelopment Task Force
(CRTF) is urgin communities
damaged by floods last summer
to apply for some $21 million in
federal funding before it falls to
the budget ax.
"Use it or lose it never rang more
true for these communities, said
CRTF chair Toni Riordan. "If these
funds are not committed within
the next few months, it's quite
likely we'll lose them to budget-
cutters in Washington."

summer's floods. Projects poten-
tially eligible to receive EDA dol-
lars include those that would cre-
ate new jobs and/or retain exist-
ing jobs. Projects can be related
to either commercial businesses
or local infrastructure. The pro-
gram requires a 25 percent local
Because the funding is limited,
smaller projects'costing between
$500,000 and $750,000 are ex-
pected to have a better chance of
receiving EDA funds.
Incorporated cities and counties
wanting to propose projects
should contact their regional
planning council as soon as pos-
sible to initiate the funding pro-
cess. Project identification should
be completed and submitted to
the EDA by the middle of next
month. In May the agency will
invite communities' to apply for
funds. The formal application
deadline will be sometime in July.

The U. S. Economic Development Communities wanting further in-
Administration (EDA) is making formation should contact either
approximately $21 million avail- Larry McDonald of the West
able for economic development Florida Regional Planning Coun-
projects in communities in cil at (904) 8910 or Mariah
Florida, Georgia, and Alabama Hutchins of the Apalachee Re-
that received a presidential disas- glonal Planning Council at (904)
ter declaration because of last 674-4571.

Dear Editor:

M.A.D.D. D.A.D.S.
Of Franklin County, Inc.
P. O. Box 672
Apalachicola, FL 32329

We would like to publicly thank the City Officials and Police Department in
The City of Apalachicola, and the Franklin County Sheriff s Department, for
the increased patrols on the streets during the nighttime hours. The increased
activity has resulted in more arrests and a visibility that is appreciated by all
concerned citizens of our community.
By continuing the pressure on the drug dealers and other criminals, we will
hopefully be able to once again feel free to travel throughout our community
without fear of being a victim of a violent act or seeing one of our children
taken advantage of by those selling illegal drugs. We encourage the continu-
ance of the high profile law enforcement campaign, and support all the efforts
to make a huge dent in the crime that has besieged Franklin County.
Our thanks to all those responsible.
Harrison Jones
M.A.D.D. D.A.D.S. of Franklin County. Inc.

ottos needed for First

and only salon on
The Unsrnkables St. George Island.
Ladles' Casual
Clothing A Super location.

,' llV fr

Hwy. 98 Carrabelle, Fla.

uonrii, YL2/LUU'4

., S.,e

The Age of "Lerch"

Comes to a Close

The students called him Lerch, named after the character from the
Adams Family. Though I have always called him Mr. Principal Ed
Duggar, named after the character from Apalachicola High School.
Franklin County will soon be selecting another Principal for
Apalachicola High School, as Principal Ed has stepped down from his
guardian role. Principal Duggar, although certainly a fighter, will not
be accepting any popularity awards at the annual parent/faculty
awards dinner. Duggar was not the worst disciplarian to be hatched
in the school system, either; but his public relations abilities rivaled
Nixon in Watergate.
What does the community want out of a principal? Many community
members will now be requesting a disciplinarian, a visionary, a great
pacifier or someone with more movement in their face than Vice-Presi-
dent Gore. Perhaps they don't want any of that. I just want someone
who can talk to the kids, parents and the press and not act like it
hurts them to do so. In fact, I want a principal who can pontificate
about quantum physics, Shakespeare, Shaquille O'Neal and Sally
Jessie Rafflel Monday through Friday with both hands on the paddle
doing his {or her) best imitation of Elvis in Las Vegas. I want that and
more invitations to the complimentary faculty luncheons. Of Course,
I've been looking for these qualities in my state legislators, county
clerk and city building inspector, but you just can't get what you
want these days.
In addition to the character issue, it's also important that the
county finds a principal who will take his {or her} shoes off and stay
a while. Do you know that Apalachicola High School has had more
principals in the last twenty years, than the New York Mets have had
third basemen? Principal Duggar was Apalachicola's Principal for over
two years...and many consider that an incredible feat. It was incred-
ible that he was able to keep that straight face (or scowl) for every bit
of that time. It was also incredible that an underground student/
faculty junta wasn't formed with democrat elections following.These
are hard times, my fellow citizens, to write commentary and not smirk.
The time will seem quite short, indeed, between the period that the
Franklin County School District advertises for a principal and the
time in which a principal is hired. It is important for residents to
contact their school board members and let them know what kind of
principal they want. Otherwise, ...
Brian Goercke

State Flo


A Brief History of Florida...

A Series

European Arrival
Within a decade of the first Columbus voyage to the New
World, the Florida peninsula was known to mariners. The
first record of landing is that of Juan Ponce de Leon, in
1513. For some 50 years Spain attempted to establish a
permanent settlement in La Florida, a name that origi-
nally meant that part of the continent from Chesapeake
Bay to the Gulf. Explorers like Narvaez, deSoto, deLuna,
and Menendez sailed and trekked the length and breadth
of Florida attempting to repeat the fabulous conquests of
Mexico and South America, but the southeast offered no
gold and the natives successfully resisted their attempts.
With the establishment of St. Augustine in 1565, Spain
gained a foothold on the east coast, a location which was
important mainly for the protection of the treasure fleets
that sailed up Florida's coast carrying valuable cargoes back
to Spain. For two centuries Spain maintained its hold in
Florida, keeping St. Augustine militarily secure and estab-
lishing missions at Indian villages in outlying areas. Fort
Mose was established just north of St. Augustine by the
Spanish government as a free black community and as a
bastion against British aggression.
With the destruction of the mission chain in north Florida,
Spain's presence in Florida was reduced to the area around
St. Augustine. The native tribes of Florida failed to sur-
vive the European diseases and disruptions caused by ex-
ploration and colonization. By the middle of the eighteenth
century, very few Indians remained in the peninsula.

UiCUa Wa^~~

gifts, 4nvtiques, & Collectibles


29 Ave. E.
Apalachicola, FL 32329


Pinililc:,ad fwiiirip ma,,thiv an t ho I fit h and 26th

Published twice monthly on the 10th and 26th

DPa, d *7 a A7 Ari 199;The Franklin Chronicle

rage 14 j J 7o w x illiu jL ai ---a--- l-L -

Rick Taylor's Astro Tables


Sun 2
Mon 3
Tue 4
Wed 5
Thu 6
Fri 7
Sat 8

Sun 9
Mon 10
Tue 11
Wed 12
Thu 13
Fri 14
Sat 15

NOTE: II your water is above 70 degrees (ie: in the south), disregard "Heat-of-the-Day" period.
BEST II 2nd Best II 3rd Best I 4th Best 5 SthBest



555 HEAT/DAY 0 NOON Q DAWN t12:34.3:14a





I -C


$ E4ii2a

555 HEAT/DAY Otib'i09 50 0 NOON a DAWN
555 HEAT/DAY c NOON Q DAWN 7i5214'T6132a'
s5s HEAT/DAY 0 NOON DAWN 8:45-"11:15a
555 HEAT/DAY 0 NOON Q DAWN 9:401.1:56a'
555 HEAT/DAY 0 NOON Q DAWN 10i38612:38p
555 HEAT/DAY i 1:I:12l* Q DAWN DUSK
555 HEAT/DAY 22422021t Ip TR Q DAWN

555 HEAT/DAY ~1O:42-2:54p O NOON I
555 HEAT/DAY 2.46-348p 0 NOON Q DAWN
3:49-4:45p"* 0 NOON Q DAWN i DUSK
$55 HEAT/DAY -450s"'46 0 NOON Q DAWN
555 HEAT/DAY S'i496: 1 5'. 0 NOON DAWN


SNOON 6:4f747tp*

55 HEAT/DAY WeI: 7:30-8:46p; 0 NOON

0 25 50 75100
0 25 50 75100









555 HEAT/DAY ER 0 NOON I Q DAWN I 8:16O942p

555 HEAT/DAY 0 NOON Q DAWN 85 6-10'40p
555 HEAT/DAY 1 NOON Q DAWN Pi-l 9136 11'32p
555 HEAT/DAY l t0 NOON 0 DAWN N 10:15p-12:25a
555 HEAT/DAY I Q DAWN 0 NOON '10:53i1:17a


n DUSK Q DAWN 1;,:32p-2:08a

555 HEAT/DAY IQI DAWN I 12:13:2:59a: | DUSK
I 0:001 MOON


Rick Taylor's Astro Tables 2000 adds a new, more accurate dimen-
sion to predicting fish and game activity.
* While the overhead and underfoot moon and sun are still large
factors in the best times of any day, this calendar is the first to in-
clude your area's hourly changes in light and temperature levels, as
generated by the sun. The three new periods are dawn (darkness
turning into light and the coolest time of day), heat-of-the-day, and
dusk (light turning to darkness). By itself or coinciding with a lunar
period, each can be instrumental in daily fish and game movements.
* The "Best" column in the "Daily Periods" section suggests which
period may have the most potential for that day. The "2nd Best" col-
umn shows the next best choice, and so on. The top pick each day
gears more to fish and depends mostly on seasonal water tempera-
ture; some adjustment may be needed for your purposes in spring
and fall.
* Every 24-hour stretch has six or seven potential periods, but due
to space limitations only the best five are shown here.
* Each day's evaluation (see "Daily Ratings") is determined by the
ever-changing positions of the sun and moon. On a sliding scale of 0
to 100, the higher the number (see "Value" column or black bars) the
more solar/lunar influence it is experiencing.
* Astro Tables 2000 is based on the PrimeTimes Wall Calendar, which
* in turn is based on solar/lunar research at a leading college of astro-
physics, radio-tracking studies, and the general consensus of expert
outdoorsmen. Annual astral data is supplied by the U.S. Naval Ob-
servatory. All lunar times are adjusted to the center of your time zone
and for Daylight Saving Time.
The PrimeTimes 1995 Wall Calendar, with its FREE take-it-with-you
1995 Pocket Calendar, are available to Franklin County Chronicle
readers. This first-ever, fullcolor, 22" x 9" wall calendar uses a graphic
format of peaks-and-valleys to accurately show fish and game activ-
ity periods. It includes special summary charts, "Timely Tips," and a
look ahead at 1 996. The Free pocket calendar uses the Astro Tables
2000 format seen here. Both: $9.95.
Also available, "Under the Solar/Lunar Influence" by Rick Taylor. This
informative book offers the scientific facts and theories behind the
solar/lunar phenomenon, provides honest answers to your questions,
and has good tips. Over 12,000 words and well illustrated. $7.95.
SPECIAL OFFER-Get both the book and calendar package for
$ 15.95
Send to: PrimeTlmes 95
Dept. FC
P.O. Box 395, Ankeny, IA 50021
For MasterCard or Visa orders, call (5 1 5) 964-5573

Beach R

y Quality Work Counts in the 1
135 East Gulf Beach Drive
St. George Island, FL 32328

Dale Anderson C
B. S. Architecture

ustom Sp(


*I ----I

New Oyster


The Department of Environmen-
tal Protection (DEP) announced
new rules designed to reduce
risks to those who consume oys-
ters which become effective 1
April 1995.
Last month in Orlando, members
of the Interstate Shellfish Sanita-
tion Conference (ISSC), the Na-
tional Shellfish Sanitation Pro-
gram and DEP officials met and
voted to implement two emer-
gency rules in an effort to coun-
teract the U.S. Food and Drug
Administration's recommended
seven month closure for oyster
The ruling comes at a critical time
to oyster harvester- with water
temperature rising, the marine
bacteria Vibrio' Vulnificus be-
comes more prevalent. Vibrio oc-
curs naturally, rather than as a
result of pollution, and therefore,
may be present in clean waters
that are approved for oyster har-
vesting during warm months
When added to existing rules re-
quirement oyster shellstock tags
and retail distributors to bear
warnings to high-risk individuals
of the potential danger from con-
suming the raw product, the po-
tential for Vibrio should be dras-
tically reduced.
The new rules include:

3 0056325 *A six-hour cut in handling time
to assure the consumer a fresh
product Oyster harvesters, as
of 1 April, must have their prod-
ucts delivered to the processing
use plant by 6 p.m. on the same day
House as harvest. Past rules allowed the
harvester to continue to harvest
until sunset and deliver by mid-
cialist night the same night.
*A termination date for
unshucked oysters- Under the
-k M new rule, unshucked oysters will

including P. 1281 -2811961
h1947 / 14,332 p-28-

P17,009 --387 19

teshow. A drillngs and new sites of the Gulf 1
PBincluding P-1281 Po1961 .

P-3837 0 1

Coastal Development 1967 c a
from page 1 P-382
show. A drill stem test of the Gulf 1967
Oil-Florida State Lease 826-Y lo-
cated near the. Marquesas Keys off
Monroe County recovered 15 bar-
rels of 22 A. P. I. gravity oil and yelled "We are sinking." The crew
14.1 barrels of saltwater from the got on the radio and called for P-304
Lake Trafford Formation. elp. 1963
Exploration wells in Florida State Two pumps were sent initially but
waters, including Coastal even when a third pump arrived
Petroleum's proposed well loca- they were still in trouble. A Coast
tons. Last week, the First District Guard Jet dropped yet another
Court of Appeals discarded the pump by parachute. Even with -
Department of Environmental four pumps going full force the
Protection's additional require- "Amanda Bell was still sinking. P1
ments on Coastal and returned
Coastal's application for test drill- Here is where Ron came into the
ing at site P-1281, ,ust offofSikes picture; he had heard the radio P-1278
Cut, St. George Island. A request call and now it was his turn to P-375---
has been filed to Stay the First help. Ron advised the Captain of 12,910 -
District Court's decision, which the sinking vessel that he had two 1967 P-97
would freeze the application to pumps. Ron met the vessel 1961 P-289
test drill. Coastal still has to ob- Christi Ann," put the pumps on 13,961
tain federal permits, but the Feb- her deck and off she went. 1960
ruary and March decisions reduce P-1277
the delays. After putting SIX pumps on the
e a"Amanda Bell" she began to rise.

United States

Coast Guard


By Holly Gallups

On the Water
At 2:30 pm Sunday, 19 Marc;t
Paul Gallups of Flotilla 1-1 i;.:
ceived a C8 that a 24 foot pow v
boat was disabled approximate;i
5 miles south of Dog Island, Pa:,!
called Shell Point and asked 192
Foxtrot Charlie, Auxiliary Aircrail
from Flotilla 1-3, to spot the ves-
sel for him and advice on the co-
After getting in touch with Harolk
Brown they met at Alligator Poini.
to launch. Auxiliary vessel 11135
was in the water and in Radio con-
tact with the aircraft in minutes.
Within 30 minutes, vessel 11135
was on scene with the disabled
vessel, the "Deep End." Because
of the assistance of the Pilot of 192
FC, Jack Rosenau, and his ob-
server Marge Jones, Vessel 11135
had no problem finding the dis-
abled vessel. The Aircraft circled
several times to make sure every-
thing was O.K. They made a few
more passes while vessel 11135
was towing the vessel to the Ma-
The owner of the disabled vessel,
Mr. James Morton, was very im-
pressed with the Auxiliary person-
nel of Vessel 1135 and 192 FC's
-quick response and the way the
rescue was handled. Mr. Morton's
son Jamie, Lamar Prince, and
Jerry Cook were also aboard the
"Deep End".
It was close to 8:30 pm before they
pulled into Pride of the Point Ma-
rina. All were tired but glad all
went well.
One More for the
Ron Meloche, Flotilla Com-
mander, FL 1-5 Apalachicola, had
a two day experience he won't
soon forget.
On Saturday, Ron had driven over
10 hours to pick up two water
pumps, never dreaming he would
use them so soon. Sunday- a
beautiful day- all was still until
it broke loose. A cry for help was
heard. "We are sinking."' The
Shrimp boat "Amanda Bell," was
pulling her nets when someone

Continued on page 9

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Bits of News

Now that the weather s getting
nicer by the day and the fishing
has picked up, we are sure to see
many boats on the water.
This year's National Safe Boating
Week will be 20-26 May. The
dates have been changed so they
will be combined with Memorial
Day Weekend activities. The
theme this year is Life Jackets: "It
Won't Work if You Don't Wear It,"
The theme fits perfectly with a
new Life Jacket Rule that goes
into effect 1 May. A"Wearable life
jacket, rather than a flotation
cushion, be carried on board for
each person on boats under 16
feet. If you are in the boat you
should be wearing it. Verify your
boat's life support systems.
Personal Flotation Devices, (PFDs)
shall be Coast Guard approved,
in good condition and of right size
for the wearer. They are to be ac-
cessible at all times for use.

Boats 16 feet or longer must have
one Type 1, 11, or 111 (PFD) for
each person aboard and I type IV
(throwable) in each boat A mini-
mum of three PFDs is required
regardless of number of persons

Division Conference,
24 and 25 June 1995

The Jume Division 1 Conference
will be held in Panacea, Florida.
Mark your calenders and make
your reservations. Hotel Rooms:
Dead line on reservations is 13
June 1995, The Price is $31.95
lus each room occupant must
ave a tax exempt paper with
Banquet: Deadline on Reserva-
tions is Tuesday ,20 June 1995,
The price is $15.00 each.
Send Reservations to: Maxine
Fisher Project Officer P,O. Box
854 Panacea, Fl. 32346 (904-984-
Location of Conference: Posey's
Beyond The Bay Panacea, Florida

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Pulse twc monthl onte1t n 6hTeFaki hoil ri 95*Pg

FSU Symposium on

Marine Conservation and

User Conflicts Presents

Inventory of Continuing


tion of the resources is the num-
ber one threat.
Ted Forsgen, Executive Director-
Florida Conservation Association:
Reading from an editorial pub-
lished in the Tampa Tribune, Mr.
Forsgen said "...Florida lawmak-
ers are at it again, trying to un-
dermine Florida Coastal regula-
tions. Every year the Legislature
seeks to intimidate, weaken or
abolish the Marine Fisheries
Commission, the agency which

basis (for the) formulation of ra-
tional plans to manage fishery re-
sources... (What) is especially per-
tinent today is whether or not sci-
entists ought to be engaged In ad-
vocacy and lobbying as profes-
sionals for particular positions on
resource conservation.... This is
a hotly debated Issue inside of
professional organizations... Some
people argue fwe don't advocate
for fish, then who will?..." Others
argue that scientists ought to re-

._:N ... .. ..

~~~~ ~ ~ ,. a, :. -f,..,, .., ,. ,.. ,.,

The Panel, from the left, Dr. Churchill Grimes, Dr. Felicla Coleman, Dr. Russell Nelson, Ted Forsgen, Dr. Elizabeth Peel

Billed as a review of Florida's fish-
eries and their problems seven ex-
perts attempted to provide an-
swers to the moderator's four
cluster of questions "...without
the controversy and passion of the
net ban issues..." Panel Modera-
tor Dr. Joseph Travis, Chairper-
son of the FSU Dept. of Biological
Science announced that
Dr. Steve Bransteder from the
Gulf and South Atlantic Fisher-
ies Development Foundation was
also planning to attend but the
Board of Directors advised him
not to participate in the FSU fo-
rum. "So, we do have a gap in the
program," lamented Dr. Travis.
Which are the critical factors
threatening Florida's marine re-
Dr. Felicia Coleman, FSU Dept. of
Biological Science: "Habitat de-
struction, overfishing, changes in
water flow and pollution and in-
troduced species, not necessarily
in that order..."
Ellen Peel, Acting Regional direc-
tor-Center for Marine Conserva-
tion: "...Let me begin by saying
that when I refer to marine re-
sources, I'm not limiting my com-

ments to those that are within
state waters. I'm also,
addressing...those within federal
-waters, (out) to 200 miles) and
those in international waters.
...(There are three)...different
threats to marine resources.
Over-exploitation, which is the
least mentioned ...This is a very
big problem globally, not only in
Florida. ...The FAO reports that
most of the commercially ex-
ploited species are overfished. In
1992, the Dept. of Commerce said
of the 150 species for which stock
assessments do exist, ...43 per
cent are overfished, and 40 per
cent are fully utilized. The Marine
Fisheries Commission (In
Florida)...also reports that many
species are overfished. The sec-
ond the physical de-
struction of habitat. You see this
everyday when you walk along the of condo-
miniums, marinas, piers, dredg-
ing and filling of Marinas...
Building on the beach itself and
... armoring (building a seawall)
creates problems for sea turtles.
...The National Research Council
came to the same conclusion on
a global basis just within the last
few months...that over-exDlolta-

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formulates State fishing regula-
tions. ...Florida marine life has
suffered too long from lax rules
and meddlesome politicians. The
State needs a strong independent
Marine Fisheries Commission.
This irresponsible, voter-defying
effort to scuddle coastal fisheries
management should be killed..."
Forsgen added, after reading the
Tampa Tribune editorial excerpts,
"...But that's the kind of thingthat
happens on a regular basis. We've
gone through this every year.
Fights over issues who's gonna
regulate fisheries, how they re go-
ing to be regulated, and this type
of political Interference is what
caused and generated the
Amendment...(net ban)... So,
people...are the root of our prob-
lemin terms of marine fisheries.
People are also the solution too..."
Over-fishing was still a problem,
especially in federal waters,
Forsgen concluded, and while the
net-ban amendment would help
improve some fish species, the
amendment only pertained to
coastal waters. The near-collapse
of other fisheries due to over-fish-
ing was still occurring in federal
water, he said. Forsgen also called
for more "restrictive regulations"
on recreational fishermen, par-
ticularly as it relates to sea trout.
He insisted fisheries management
works, citing the "recovering stock
of red fish" as an
example."...That's simply because
we quit taking so many out of the
water. We took them off the com-
mercial market (too)..." The ben-
efits Forsgen cited was a "catch-
and-release" fishery.
A second cluster of questions fo-
cused on the role scientists
should or might play in manag-
ing natural resources, followed
with a host of related questions
about data gathering and analy-
sis and who should pay for such
Dr.Churchill Grimes, Laboratory
Director of the Southeast Fisher-
ies Science Center in Panama
City, responded to those ques-
tions by first pointing out that
there was no federal perspective
on the net-ban but he gave his
own opinion. "...Generally, the
practicing scientist is cast devel-
oping the scientific and technical

and Dr. Donna Christie
strict themselves to scientific and
technical questions, Grimes said.
...We ought to be real careful
what we advocate and how we ad-
vocate, and if we do, we ought to
ensure we're on sound technical
He pointed out that what might e
a simple conservation Issue could
turn out to have facets of alloca-
tion based on competition for re-
sources, or competing users.
Grimes added, "...(some) organi-
zations are frequently looking for
support from scientists on a
position...on occasion these
people are not constrained to deal
strictly with the facts the way a
scientist ought to be, and that can
be damaging to your reputation..."
Grimes concluded by saying that,
in his opinion, users have not fully
paid for "their fair share" in main-
taining fisheries management or
Anne Whitfleld, Executive Direc-
tor, Florida Public Interest Group,
pointed out that political deci-
sions are driven by special inter-
ests, sometimes impatient for de-
cisions. Science, on the other
hand, tends to take time, tends
to be complex, and has lots of
shades of gray, and does not lend
itself easily to an "up or down
vote." She sees part of her Job as
trying to get politicians to consider
science in their decisionmaking.
Dr. Russell Nelson, " the in-
terest to be as incendiary as pos-
sible..." (laughter) "...what I have
to say are my personal views and
not the views of the people I work
for..." Dr. Nelson is Executive the
Marine Fisheries Commission.
Conservation Is a peculiarly a
western concept, determining val-
ues. Collectively, we have evolved
a conservation ethic, comprised of
values for consumptive use, and
non-consumptive use. The start-
ing point of management of our
wild resources arises from shared
values which have goals. Science
gives us the tools and techniques
to achieve the goals. But, there is
an inherent conflict between man-
agers and scientists, he added.

Continued on page 7


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Eastpoint 670-4477

St. Marks River Ent., Fla., 1995

Times and Heights of High and Low Waters

Height A

1 0249
Sa 0828

2 0324
Su 0854

3 0359
M 0921

4 0437
Tu 0950

5 0520
S 1023

6 0616
Th 1105

7 0036
F 0736

fl cm
3.3 101
0.6 18
3.7 113
-0.3 -9

3.2 98
0.7 21
3.7 113
-0.2 -6

3.0 91
0.9 27
3.6 110
-0.1 -3

2.9 88
1.1 34
3.5 107
0.1 3

2.7 82
1.3 40
3.3 101
0.3 9

2.5 76
1.5 46
3.1 94

0.5 15
2.3 70
1.7 52
2.9 88


9 0319
Su 1023







13 0027
Th 0632

4 0113









3ril Time


h m

17 0328
M 0848

18 0415
Tu 0923

19 0505
S 1002'

20 0602
Th 1047

21 0032
S 0712
( 1742

22 0145
Sa 0834

23 0303
Su 0949

24 0412
M 1044

25 0507
Tu 1126

26 0002
W 0551

27 0048
Th 0627
T 1233

28 0127
F 0659



30 0237
Su 0758










2.8 85
1.6 49
3.6 110

0.0 0
2.6 79
1.8 55
3.2 98

0.3 9
2.6 79
1.8 55
2.8 85

0.6 18
2.8 85
1.6 49
2.7 82

0.7 21
3.0 91
1.2 37
2.9 88

0.8 24
3.2 98
0.7 21











Tide Corrections For Your Area
High Low High Low
Steinhatchee River -0:15 -0:03 Dog island +0:07 +0:06
Aucilla River +0:03 +0:05 St. George Island (East End) -0:15 +0:06
Shell Point +0:05 +0:03' St. George Island (Sikes Cut) +0:49 +1:32
Dickerson Bay +0:16 +0:20 Apalachicola +2:00 +2:44
Bald Point +0:33 +0:19 St. Joseph Bay -0:24 -0:51
Alligator Point -0:08 +0:11 Panama City -0:43 -0:44
Turkey Point -0:12 -0:18 St. Andrews Bay (Channel Entrance) -1:31 -2:02


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Sunday, April 16, 1995

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<1I "

The Franklin Chronicle -, 7 April 1995 Page 5

Published twice monthly on the 10th and 26th

Published twice monthly on the 10th and 26th

- A ruiu.... (1liw.oiu le.

Page 6 7 April 195 v ranI ~in t-nuotm

Second Circuit Felony Court

Judge P. Kevin Davey

Assistant State Attorney Frank Williams

Public Defender Nancy Daniels

3 April, 1995

Thomas L. Zawonda: Charged with one count of Grand Theft, one count of
Burglary of a Structure and one count of Uttering a Forged Check, the defen-
dant pled no contest to Grand Theft and Uttering a Forged Check. Judge
Davey adjudicated the defendant guilty and sentenced him to three years of
probation. Judge Davey also fined the defendant two-hundred and fifty-five
dollars and ordered him to pay an additional two hundred and fifty dollars to
Franklin County for Public Defender's services. The defendant was represented
by Nancy Daniels.
Macarthur Hall: Charged with one count of Aggravated Battery with a Deadly
Weapon, the defendant pled Not Guilty. Judge Davey continued the case for
trial on 22 June.
The defendant was represented by Nancy Daniels.
David Hall: Charged with one count of Dealing in Stolen Property, the defen-
dant pled Not Guilty. Judge Davey continued the case for trial on 20 April.
The defendant was represented by Nancy Daniels.
Ruby C. Shell: Charged with one count of Sale of Cocaine, the defendant pled
no contest to the lesser charge of Possession of Cocaine. Because the defen-
dant had no prior record, Judge Davey withheld adjudication and sentenced
the defendant to eighteen months of probation. Judge Davey fined the defen-
dant two hundred and fifty-five dollars and ordered her to pay two hundred
and fifty dollars to Franklin County for Public Defender's services. The defen-
dant was represented by Nancy Daniels.
Ross Edwards: Charged with one count of Burglary of a Dwelling, two counts
of Battery and one count Violation of Injunction for Protection, the defendant
pled not guilty to the charges. Judge Davey continued the case for trial on 18
May. The defendant was represented by Nancy Daniels.
William Foster Wright: Charged with one count of Shooting into a Building or
Dwelling, one count of Aggravated Assault with a Firearm, one count of Bat-
tery, one coufit of Aggravated Assault with a Deadly Weapon and one count of
Criminal Mischief, the defendant pled not guilty. Judge Davey continued the
case for trial on 22 June. The defendant was represented by Nancy Daniels.
Joseph Milton: Charged with one count of Grand Theft Auto and one count of
Third Degree Grand Theft, the defendant pled no contest to Grand Theft. Judge
Davey withheld adjudication and sentenced the defendant to two years of
probation. Judge Davey fined the defendant two hundred and fifty-five dollars
and ordered him to pay two hundred and fifty dollars to Franklin County for
Public Defender's services. Judge Davey also set a restitution hearing for the
defendant on 2 May. The defendant was represented by Nancy Daniels.
Julian Vann: Charged with two counts of Uttering a Forged Check, the defen-
dant pled no contest. Judge Davey withheld adjudication and sentenced the
defendant to one year of probation. Judge Davey fined the defendant two hun-
dred and fifty-five dollars and ordered him to pay two hundred dollars to
Franklin County for Public Defender's services. Judge Davey also ordered the
defendant to pay one hundred and fifty-six dollars to Gulfside I.G.A. as resti-
tution. The defendant was represented by Nancy Daniels.
Anthony J. Sanders: Charged with five counts of Uttering a Forged Check, the
defendant pled no contest. Judge Davey adjudicated the defendant guilty and
'sentenced him to two years of probation. Judge Davey fined the defendant
two hundred and fifty-five dollars and ordered him to pay two hundred dollars
to Franklin County for Public Defender's services. Judge Davey also ordered
the defendant to pay four hundred and eighty-two dollars to Gulfside I.G.A. as
restitution. The defendant was represented by Nancy Daniels.
Timmy Richardson: Charged with one count of Sale of Cocaine, the defendant
pled no contest. Judge Davey withheld adjudication and sentenced the defen-
dant to two years of probation. Judge Davey fined the defendant two hundred
and fifty-five dollars and ordered him to pay two hundred dollars to Franklin
County for Public Defender's services. The defendant was represented by Nancy
Cynthia Tuberville: Charged with one count of Burglary of a Structure and
one count of Criminal Mischief, the defendant pled no contest. Judge Davey
'adjudicated the defendant guilty and sentenced her to four years of probation
and sixty days in the county jai with forty-eight days of credit for time served.
duidge Davey also fined 'the defendant two hundred and fifty-five dollars and
ordered her topay two hundred dollars to Franklin County for Public Defender's
services. The defendant was represented by Nancy Daniels.
Anthony L. Williams: Charged with one count of Possession of a Firearm by a
Convicted Felon and one count of Discharge of a Firearm in City Limits, the
defendant pled not guilty to the charges. Judge Davey continued the case for
pre-trial on 22 June. The defendant was represented by Nancy Daniels.
Sean R. Madison: Charged with one count of Possession of Cocaine and one
count of Possession of Cannabis, the defendant pled not guilty. Judge Davey
continued the case for pre-trial on 2 May. The defendant was represented by
Nancy Daniels.
Jermaine J. Earl: Charged with one count of Second Degree Murder, one count
of Possession of a Firearm by a Convicted Felon and one count of Aggravated
Fleeing and Eluding, the defendant pled not guilty to the charges. Judge Davey
continued the case for pre-trial on 5 June. The defendant was represented by
Nancy Daniels.
William Bryant Mintz, Jr.: Charged with one count of D.U.I. with Serious Inju-
ries and one count of D.U.I. Property Damage, the defendant pled not guilty.
Judge Davey continued the case for trial on 18 May. The defendant was repre-
sented by Nancy Daniels.
Robert Clyde Law, Jr. : Charged with one count of Second Degree Murder, the
defendant pled not guilty.. Judge Davey continued the case for pre-trial on 2
May. The defendant was represented by Nancy Daniels.
Larry Davis: Charged with one count of Burglary of a Structure and one count
of Petit Theft, the defendant pled no contest to Burglary of a Structure. Judge
Davey adjudicated the defendant guilty, revoked his probation and sentenced
him to two years of community control. "Community control is not a souped
up version of probation," said Judge Davey, "You've (Larry Davis) got nine toes
hanging in Raifford (Prison) and one toe in Franklin County. If you violate
this, you'll very likely end up in the Department of Corrections." The defen-
dant was also fined two hundred and fifty-five dollars. The defendant was
represented by Attorney Ben Watkins.
Bobby Joe Duncan, Jr. Charged with one count of Resisting an Officer with
Violence, one count of D.U.I., one count of Possession of Cannabis and one
count of Battery on a Law Enforcement Official, the defendant pled not guilty.
Judge Davey continued the case for trial on 22 June. The defendant was
represented by Nancy Daniels.
Eugene James Cooper: Charged with one count of Sexual Battery, the defen-
dant pled no contest to the charge of simple battery. Judge Davey adjudicated
the defendant guilty and sentenced him to probation. Judge Davey also fined
the defendant one hundred and five dollars and ordered him to pay one hun-
dred and fifty dollars to Franklin County for Public Defender's services. The
defendant was represented by Nancy Daniels.
Rufus Eugene Townsend. Jr. : Charged with one count of Sale of a Controlled
Substance and one count of Battery of a Law Enforcement Officer, the defen-
dant pled not guilty to the charge. Judge Davey continued the case for pre-
trial on 2 May.

Charles E. Thompson: Charged with Uttering a Worthless Check over one
hundred and forty-nine dollars, the defendant pled not guilty. Judge Davey
continued the case for pre-trial on 2 May.
Frederick Bryan Braswell: Charged with one count of Burglary of a Convey-
ance and Petit Theft (Second Offense), the defendant was found guilty by trial.
Judge Davey sentenced the defendant to five years in the Department of Cor-
rections under the Habitual Felony Offenders Act and gave him one hundred
and one days credit for time served. Judge Davey also sentenced the defen-
dant to three years of probation upon release from the Department of Correc-
tions. The defendant was fined two hundred and fifty-five dollars and ordered

to pay five hundred dollars to Franklin County for Public Defender's services.
Prior to sentencing, the several individuals spoke on behalf of the defendant.
Dr. Sereebutra Chal said that he knew that the defendant suffered from alco-
holism and recommended treatment for his problem, rather than incarcera-
tion. Ms. Sonny Barrett said that she conducted a generic assessment that
she referred to as the Jellnick Assessment with the defendant. Ms. Barrett
said that, from her assessment, she recommended a long term residential
alcohol treatment program. Ms. Barrett, who presently works at the Rainbow
Inn, stated that she had previously worked over ten years in the health care
system. Mr. Bryan Braswell also testified on his own behalf. Public Defender
Nancy Daniels pointed out that Mr. Braswell's prior record was non-violent.
Mr. Braswell stated that his previous crimes were all alcohol related. Braswell
stated that he was so intoxicated during his most recent arrest that he did not
remember committing the 19 December crime that he was charged with. "I'm

Just a young man now," said Braswell, "I don't think that habituallzation will
serve me or the state." Mr. Braswell said that he applied for drug treatment
during his previous incarceration, but was released before he could attend
the program. Assistant State Attorney Frank Williams stated, "The Habitual
Felony Offenders Act was created for people like Mr Braswell. He has shown
that he will not conform to the law. The system has of yet failed to protect
society from Bryan Braswell. We were willing to give him five years in ex-
change for a plea. Mr. Braswell wanted a trial. He rolled the dice...and he
didn't win." Judge Davey noted that Mr. Braswell's record dated back to 1986.
"This wasn't the theft of the century, said Judge Davey, "He took a cooler,
which he probably thought contained beer. The hardest thing about this case
is that the family has done all they can do to help Mr. Braswell and he has
continued to let them down." Judge Davey stated in his sentencing that he
would make recommendations to the Department of Corrections that Mr.
Braswell receive a level two or three drug treatment program. "You have to
change your behavior yourself," concluded Judge Davey, can't do it for you
and your mom can't do it for you."
Calvin Burns: Charged with one count of Sale of Cocaine, the defendant pled
not guilty. Judge Davey continued the case for trial on 20 April. The Defen-
dant was represented by Nancy Daniels.
George Frederick Cargill: Charged with one count of Sale of Cocaine, the de-
fendant pled not guilty. Judge Davey continued the case for trial on 20 April.
The defendant was represented by Nancy Daniels.
Ernest Green: Charged with two counts of Sale of Cocaine, the defendant pled
not guilty. Judge Davey continued the case for trial on 20 April. The defen-
dant was represented by Nancy Daniels.
Sharold Adams Langston. Jr. : Charged with one count of Aggravated Battery,
the defendant pled not guilty. Judge Davey continued the case for trial on 20
April. The defendant was represented by Attorney Alfred Shuler.
Andy Geoge Lowery: Charged with one count of Sale of Cocaine and one count
of First Degree Principle Sale of Cocaine, the defendant pled not guilty. Judge
Davey continued the case for trial on 20 April. The defendant was represented
by Nancy Daniels.
Steve Cummings: Charged with one count of sexual Act with a Child under
Sixteen, the defendant pled not guilty. Judge Davey continued the case for
trial on 22 June. The defendant was represented by Nancy Daniels.
Johnny Lee Jones: Charged with one count of Sale of Cocaine, the defendant
pled not guilty. Judge Davey continued the case for trial on 18 May. The
defendant was represented by Nancy Daniels.
Daniel Wallace: Charged with one count of Burglary of a Dwelling and one
count of Petit Theft, the defendant pled not guilty. Judge Davey continued the
case for trial on 18 May. The defendant was represented by Nancy Daniels.
Curtis Monroe: Charged with one count of Third Degree Grand Theft, the
defendant pled not guilty. Judge Davey continued the case for pre-trial on 2
May. The defendant was represented by Nancy Daniels.
Billy Gene Bryant: Charged with one count of Uttering a Forged Check, one
count of Uttering a worthless check over one hundred and forty-nine dollars
and one count of forgery, the defendant pled not guilty to the charges. Judge
Davey continued the case for pre-trial on 5 June. The defendant was repre-
sented by Nancy Daniels.
Derrick Kennedy: Charged with one count of Resisting an Officer with Vio-
lence, Fleeing and Attempting to Elude a Police Officer, Battery, Criminal Mis-
chief and Wilful and Wanton Reckless Driving and Violation of Probation, the
defendant pled no contest to Fleeing and Attempting to Elude a Police Officer,
Battery and Criminal Mischief. Judge Davey adjudicated the defendant guilty
and sentenced him to forty-three months in the Department of Corrections
with one hundred and eighty-eight days of credit for time served. Judge Davey
also fined the defendant one hundred and five dollars. The defendant was
represented by J. Gordon Shuler.
Leroy Yarrell, Jr. : Charged with one count of Resisting an Officer with Vio-
lence, the defendant pled no contest to the charge. Judge Davey withheld
adjudication and sentenced the defendant to eighteen months. Judge Davey
also fined the defendant two hundred and fifty-five dollars and ordered him to
pay two hundred dollars for Public Defender's services. The defendant was
represented by Nancy Daniels.
Gordon Keith Orr: Charged with one count of Attempted Burglary of a Dwell-
ing and one count of Possession of Burglary Tolls, the defendant pled not
guilty. Judge Davey
continued the case for trial on 18 May. The defendant was represented by
Nancy Daniels.
Tanya R. Walden: Charged with Burglary of a Structure, the defendant pled
no contest to the lesser charges of trespassing. Judge Davey withheld adjudi-
cation and sentenced the defendant to six months of probation. Judge Davey
fined the defendant two hundred and fifty-five dollars and ordered her to pay
one hundred and fifty dollars to Franklin County for Public Defender's ser-
vices. Judge Davey also ordered the defendant to pay four hundred and four

Mistrial Continued from page 1
forgotten her driver's license. made an assertion that Ms. Floyd
Floyd said that when she tried to hadn't been underthe influence
explain why she had forgotten her ofalcoholon the night of her ar-
driver's license, Officer Moore de- rest; he requested the opportunity
manded that she move to the far to refute Ms. Floyd's assertion.
end of his car. "I felt threatened,"
said Ms. Moore, "I mean you hear Judge Van Russell then spoke
about people who dress up in an with both attorneys privately for
officer's uniform and...this man approximately thirty minutes.
was not acting like an officer of After his private meeting with the
the law. I didn't feel served and attorneys, Judge Russell thanked
protected as you should." the Jury for their service to the
countv court then announcedl

Ms. Floyd said that when she re-
fused to go to the end of the car,
Officer Moore grabbed her arm
and began handcuffing her. Ms.
Floyd said that she again began
asking why she was being ar-
rested. Floyd said that Officer
Moore responded that she was be-
ing arrested for resisting arrest.
When you haven't been arrested
or told what you've been arrested
for ...that's a misnomer {to be
charged with resisting arrest),"
said Ms. Floyd to the jury. Floyd
testified that she repeatedly asked
what she being arrested for and
that Officer Moore had told her,
"If you don't shut up, you're go-
ing to the ground." Floyd said
that when she began speaking to
Officer Moore, he pulled her to the
ground and later pushed her
forcefully over the police cruiser.
Defense Attorney Ben Watkins
asked Ms. Floyd if she had been
drinking alcohol on 25 October,
1994. Ms. Floyd responded nega-
tively and added that she not been
feeling well on that evening.

Prosecuting Attorney Eddie Evans
first suggested that the high beam
lights that the defendant had
complained of were actually just
a more potent level of halogen in
the regular low beam lights of the
police cruiser. Attorney Evans
also questioned whether Ms.
Floyd had any alcohol in the car.
Ms. Floyd responded that there
might have been a bottle of wine
in the trunk or back seat, but
could definitely answer affirma-
tively or negatively on the matter.
Attorney Evans then brought in
Officer Crum of the Franklin
County Sheriffs Department to
testify that Jennette Kirvin-Floyd
had been drinking alcohol on the
evening of her arrest. Officer
Crum stated that she could smell
alcohol on the breath of Ms. Floyd.
Attorney Ben Watkins objected to
the line of questioning by Attor-
ney Eddie Evans. Attorney
Watkins told Judge Van Russell
that the court had agreed to lis-
ten to testimony concerning only
information during and prior to
the arrest of Ms. Floyd. Attorney
Evans noted that the defense had

[ofmes (904) 653-8878

Middlfeb rookS FuneralHome (904) 60-


that a motion for mistrial had
been requested by the defense
and that he had granted the mo-



- Of St. Georc

dollars in restitution to the Jr. Store and perform twenty-five dollars in com-
munity service. The defendant was represented by Attorney Barbara Sanders.
Kris G. Kelley: Charged with one count of Burglary of a Structure, the defen-
dant pled guilty to the charge. Judge Davey withheld adjudication and sen-
tenced the defendant to one year of probation. Judge Davey also fined the
defendant two hundred and fifty-five dollars, ordered her to pay four hundred
and four dollars to the Jr. Store as restitution and to perform twenty hours of
community service. The defendant was represented by Attorney Doug Gaidry.
Terrance Holt: Charged with one count of Burglary of a Structure, the defen-
dant pled no contest to the charge. Judge Davey withheld adjudication and
sentenced the defendant to one year of probation. The defendant was fined
two hundred and fifty-five dollars and was ordered to pay two hundred and
fifty dollars to Franklin County for Public Defender's services. Judge Davey
also ordered the defendant to pay four hundred and four dollars in restitution
to the Jr. Store and perform twenty five hours of community service. The
defendant was represented by Gordon Shuler.
Thomas Randall Hudson: Charged with one count of Possession of a Firearm
by a Convicted Felon, the defendant pled not guilty. Judge Davey continued
the case for trial on 20 April. The defendant was represented by Nancy Daniels.
Mekesha McKinney: Charged with one count of Battery of a Staff Member of a
Detention Center [Inner Harbour Hospital}, the defendant pled not guilty to
the charge. Judge Davey continued the case for pre-trial on 2 May. The defen-
dant was represented by Nancy Daniels.
Michele Scott: Charged withone count of Battery on a Staff Member of a De-
tention Center (Inner Harbour Hospital). the defendant pled not guilty to the
charge. A motion was made on behalf of the defendant for pre-trial release. A
friend of the defendant's from St. Petersburg stated that he could find the
defendant a job and that he would take responsibility for the defendant. As-
sistant State Prosecutor Frank Williams objected stating, "This is a friend who
can give Ms. Scott a job. I don't think that he'll be able to supervise her ad-
equately." Judge Davey denied the motion for pre-trial release and continued
the case for 2 May. The defendant was represented by Nancy Daniels.
Lori Jones; Charged with one count of Grand Theft and Violation of Probation,
the defendant pled guiltyto the charges. Judge Davey adjudicated the defen-
dant guilty and sentenced the defendant to twenty days in the county jail with
13 days of credit for time served. Judge Davey also ordered the defendant to
continue community service. "Ifyour come back here again," Said Judge Davey.
"You're going to go to jail for a long time." The defendant was represented by
Nancy Daniels.
Catherine A Tucker: Charged with seven counts of Uttering a Forged Check,
the defendant pled not guilty to the charges. Judge Davey continued the case
for trial on 18 May. The defendant was represented by Attorney Edgar Lee
Elzie. Jr.
Michael Gloner: Charged. withone count of Burglary of a Structure and one
count of Grand Theft, the defendant pled not guilty to the charges. Judge
Davey continued the case for pre-trial on 2 May.



Apalachicola resident Billy Ray
Simmons was released from the
care of Apalachee Mental Health
Center on 30 March by County
Judge Van Russell.
Mr. Simmons was arrested for
trespassing on the business of Dr.
Photis Nichols on 19 July, 1994
and later found not guilty of the
charges by reason of insanity.
According to a 19 July police re-
port prepared by Apalachicola
Police Chief Warren Faircloth,
"Billy Ray came in (to Photis
Nichols' office) wanting to know
who called the police on him. Billy
Ray told the girls that he would
be back one day and wipe them
all out."

Mr. Simmons was released after
successfully identifying himself,
his home residence an the insti-
tution that he had been residing
at for the past three months.
Judge Russell released Mr.
Simmons contingent on the prom-
ise from Simmons that he take
required medication every two



Our organizational membership is
open to any person who has an,
interest in the betterment of our
local community and who is will-
ing to make a contribution of their

time and resources towards the
goals of the group and purposes
for which it was founded. In con-
sidering membership, are you
committed to the following prin-

*Are you willing to devote up to 6
hours of your time per month to-
wards regular ,organizational
meetings, fund raising events and
community awareness activities?

*Are you willing to serve as an of-
ficer or director of the organiza-
tion when called upon to do so?

*Are you willing to devote up to 5
hours per month as an adult
leader or chaperone for events in-
volving young people, such. as
basketball, volleyball, night sail-
ing on Governor Stone and so

eDo you have sufficient interest
in the local community that you
would wish to get involved to help
plan and implement activities for
our young people as an recre-
ational alternative to drugs, de-
struction and social disorder?

*Are you convineed there is a limit
to the amount of influence our
public officials and law enforce-
ment can have on our younger
generations, and that our per-
sonal involvement in the direction
of their lives will provide better
Interested individuals should re-
spond by writing to: M.A.D.D.
D.A.D.S., Post Office Box 672,
Apalachicola, FL 32329 request-
ing a membership application.
Annual dues are currently $10.00
per person.

ge Island, Inc.

HCR Box 126

St. George Island, FL 32328-9703

Office: (904) 927-2821

Fax: (904) 927-2314


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-- -A-OW-


Published twice monthly on the 10th and 26th

The Franklin Chronicle 7 April 1995 Page 7
Sa"i"- ".'. :'.,- "" '".. 'i~,N(^ ".S .l..'S i lAlrC .



Chronicle Bookshop

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t* tht'.
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iWn y HxpK Ii

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fn, p pO *i if..L.LA

(2) New. DON'T GET MAR-
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TIONARY. Sold nationally for
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(20) William Roger's history
Island and Apalachicola from
early exploration to World
War II. Hardcover.. New.
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ally sold by TAB Books at
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(5) New. MONTHLY IN-
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_~ -Al


FOR THE 1990s. Nearly
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tome is an up-to-date guide
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Symposium Continued
from page 5
"...Managers seek to solve prob-
lems... Scientists seek to provide
new knowledge... So, what I want
from a scientist Is old knowledge
that hasn't been applied to a par-
ticular situation. To the scientist,
that's going to be quite boring..."
The third series of questions in-
volved the resolution of conflicts
between private property rights
and the conservation and use of
public resources. Ann Whitfield
said that private property and tak-
ing issues are hot right now. Nu-
merous bills have been filed in
other state legislatures and the
Congress. "...Our opposition did
a good job of packaging. Who's
against private property rights?
How can you lobby against that?
Everybody's for private property
rights. They have the 30-second
sound bite. We have the five
minute explanation...That is our
fundamental problem. "
A concluding fourth series of
questions revolved around the
central question, How do we pro-
tect Florida's resources, which in-
clude its people, while we develop
a management strategy for sus-
tainable use of our marine re-
sources?" Dr. Russell Nelson said,
"Well, my personal view is that
we're not going to be able to do
any of this. And, it's all gonna go
down the tubes... As we look to
the year 2010, I expect we will see
an increase of the order 60 to 70
per cent the number of
people...who want to go recre-
ational fishing... words of the
great American poet, Aretha Fran-
lin, Who's suing who? We can
see where things are going here.
We will see in the next near term,
essentially the decline and phas-
ing out of the concept of using
fisheries of the means of really
supplying people with food... We
will see decreases in the amount
offish recreational fishermen will
be able to catch and keep, and the
amount of time they will be able
to go out (to flsh)...In the next 10
to 20 years down the road, If your
name starts with an "A" through
"L" you be able to go out and fish
on Monday, Wednesday and
Fridays...if it starts with an "L"
through "Q", and so forth..."

"...In the year 2025, in Florida,
you...may be allowed to go out on
some days of the week and catch
and keep a single fish... A fishing
trip off Florida's coast will prob-
ably involve pulling teaser baits
and having the Captain and crew
take a videotape of a com-
ing up behind the boat .... That's
what you will take home from that
trip..." "...Essentially, access to
these resources on a consumptive
basis will become more and more
limited..." Moderator Dr. Joseph
Travis thanks Dr. Nelson "...for
*' that uplifting view...". Dr. Donna
Christie, Associate Dean of Stu-
dent Affairs, FSU College of Law,
offered another view on fisheries
management, in response to that
of Ted Forsgen. "A few minutes
ago...(we heard the view that) fish-
eries management works. I'm
afraid I have to disagree with
thatt..(Fisheries Management) has
been a big experiment and it
largely has not worked. The Fish-
ery Conservation Management
Act of 1976 looked like it was go-
ing to make everybody happy.
Kick the foreigners out. There's
going to be plenty of fish left for
everybody in the United States.
We're going to harvest them on
what they called 'optimum yield'
(not maximum sustainable yield
based on science but maximum
sustainable yield as
economic, social and environmen-
tal factors)... Nobody really knew
how to manage fisheries. We
didn't have history to speak
of...It's been a case of hit-and-
miss...We've had collapse after
collapse of fisheries...because we
don't know how to do it. We may
be getting slightly better in some
areas... we still have a long way
to go... In 1976, when we kicked
all the foreigners out...we decided
that we wanted to have a great
big, viable fishing industry. So,
the United States Government
was going to underwrite this, pro-
vide cheap loans and get lots more
fishermen into the industry, pay
for a lot more boats...
We're now buying those boats
back. "

.. . ,, r. .*

r, 0 .a
Mayor Bobby Howell with Willoughby Marshall inspect
the landscaping and flowers in Lafayette Park in 1994

Historic Apalachicola

Foundation Holds

Preservation Conference
Fifty registrants participated in Historic Apalachicola Foundation's
(HAF) 1995 Historic Resource Preservation Conference, held at the
Apalachicola National Estuarine Research Reserve on 27 March.
Foundation president, Marie Marshall, opened the day with a de-
tailed description of why HAF was established. HAFwas incorporated,
Ms. Marshall said, in 1989 as a 501-C3 Not for Profit Corporation
dedicated to Apalachicola's economic development through preserva-
tion of its historic resources. These resources include both the man
made resources of architecture and city's historic plan and the natu-
ral resources of the region, including the river, wetlands, the bay, the
forests, and fish and wild life. Mrs. Marshall pointed to HAF's past
projects, including the design and funding of the city's Lafayette Park
and HAF's Preservation Project of 1991 that dealt primarily with the
historic aspects of the city's downtown area and with sections of the
city's comprehensive plan relating to the city's historic assets. Ms.
Marshall pointed further to projects with which HAF is currently oc-
cupied including a special effort to save the St. George lighthouse,
the upgrading of the Chapman Botanical Garden to a garden truly
representing Chapman's botanical work and writings, and the pur-
chase and restoration of the Fry-Conter-Mabry House for public use
as a house museum. HAF membership is, Mrs. Marshall said, open
to anyone. Annual membership dues are $15 for individual/family

Wesley Chesnut, who gave a uniquely captivating brief survey of
Apalachicola's history, spoke first Chesnut noted that the town was
recently "discovered" by Yankees but this was really the second time
this had occurred having happened first in 1830.
Chesnut's history was followed by brief introductions to Apalachicola's
assets both man made and natural. Willoughby Marshall, HAF's Di-
rector of architecture and planning, addressed man made assets of
architecture and city plan. Marshall, through lecture and slides, di-
vided the architectural assets into three periods: 1820-1860, 1860-
1915, and 1915 and beyond. The 1820-60 period was the cotton era,
while 1860-1915 was primarily the era of lumbering with some sea-
food; and 1915 and beyond were primarily the seafood period. Most
of the architectural assets in the first period, plus the city's 1835
plan, are related, Marshall said, to New York and to New England in
design and often, in builders, as was the city's economy.
Woody Miley, HAF member and former board member, addressed the
natural assets, reminding those present that both natural and man
made assets must be saved and cared for if the region is to continue
to be an area exemplifying these valuable and irreplaceable assets.
Miley described in detail the extent and value of the "most productive
estuary in the northern hemisphere."
Following lunch, the afternoon program addressed the topic of heri-
tage tourism and regionalism in historic preservation by Katharine
Dickenson, trustee of the National Trust for Historic Preservation,
"Protecting Your Regional Historic Resources," and tax credit and
abatement for historic preservation by Roy Hunt, Professor of Preser-
vation Law at the University of Florida and HAF Board Member. The
Historic Chattahoochee Commission as a regional preservation orga-
nization and how that group and the Apalachicola region might coop-
erate to the benefit of each region was addressed by Douglas Purcell,
Executive Director of the Historic Chattahoochee Commission, an
Alabama Georgia founded agency with offices in Eufaula, Alabama.
Ms. Dickenson pointed out that heritage tourism is rapidity increas-
ing in economic impact and that these affluent tourists are seeking
an "authentic experience" as opposed to the theme park variety. She
emphasized the need for all segments of the community to work to-
gether in order to preserve the authentic assets to which the group is
Roy Hunt, who has been active with HAF since its Inception, pre-
sented the key elements of his report to the National Trust for His-
toric Resources, "Critical Issues. The report focuses on growth's
impact on historical and cultural resources. He addressed the neces-
sity of a preservation plan based on the guidelines of the Secretary of
the Interior.Among the topics reviewed were vistas and other scenic
views, heritage corridors,(the Tri-rivers system) the importance of pre-
serving good city plans, regulation of signage, protection of trees and
the adoption of a landscape ordinance. Hunt stated that a city's plan
is often its' most valuable historic asset, for example, that is true of
St. Augustine where the plan is more important than the historic
architecture. He encouraged Apalachicola to preserve and restore its
historic plan, one of its most important elements.
Douglas Purcell, after describing the twenty year history of the His-
toric Chattahoochee Commission, posed for consideration the inclu-
sion of Florida in this regional group for enhanced effectiveness.

The day concluded with a membership reception at the Hodges-Willis
House on Bay Avenue.

(16) New. ANDREW: SAV-
sembled by the staff of the
Sun-Sentinel, Fort Lauder-
dale, Fla., on ANDREW. Sold
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Published twice monthly on the 10th and 26th

Pane 8 7 ADril 1995 The Franklin Chronicle

Winners in the
Public Speaking

The Franklin County Extension
Program would like to announce
the following Classroom, Division
and County winners in the 4H/
Tropicana Public Speaking Pro-
gram. The county winners T.J.
Jackson and Celeste Elliot and
their parents will now be invited
as Tropicana's guests to attend
the 4H/Tropicana State Public
Speaking Finals at Disney's Con-
temporary Resort in Orlando on
19-20 May 1995.
Chapman Elementary
Classroom Winners
4th Grade:
Mrs. Mirabella
1. Kara Watkins
2. Jarret Elliot
3. Krystal Shuler
Ms. Wintons
1. Meghann Gunter
2. Jenny Edminston
3. Stephen Watford
5th Grade:
Mrs. Faircloth
1. Angela Hardy
Mrs. Creamer
1. Mellissa Rucker
6th Grade:
Mrs. Mount-Simmons
1. Celeste Elliott
Mrs. Parrish
1. Chip Sanders
2. Amanda Glass
3. Markeith Daniels

Division Winners
4th and 5th Grades:
1. Jenny Edminston
2. Jarrett Elliot
3. Kara Watkins

6th Grade:

1. Celeste Elliot
2. Amanda Glass
3. Chip Sanders
Carrabelle Elementary

Classroom Winners
4th Grade:

Mrs. Morris
Randi Lynn Brannan
Caleb Cambell
Dana Strakel

5th Grade:
Mrs. Morris
1. T.J. Jackson
2. Melissa Jochim
3. Lorretta Strange
6th Grade:
Mrs. Clark
1. Brooks VanCamerik
2. Jessica Glass
Division Winners
4th and 5th Grades:
1. T.J. Jackson
2. Randi Lynn Brannan
3. Melissa Jochim (Tie) *
3. Lorretta Strange (Tie)
6th Grade:
1. Brooks VanCamerik
2. Jessica Glass
County Winners
4th and 5th Grade Division:
1. T.J. Jackson "My Bratty
2. Jenny Edmiston "Teachers"
6th Grade Division:
1. Celest Elliot "Six Flags Over
2. Brooks Van Camerick "In-
line Skating"

146 *

Carrabelle Student Participants with Instructors



*JLciiihIst in
Home Elevators
& Dumbwaiters

Principal Burns poses with Chapman Student Participants

Carrabelle Student
Wins District Public
Speaking Program

In what is commonly believed to
be the most frightening activity a
person can be involve in, the art
of public speaking, four of Fran-
klin County's boldest and bright-
est elementary students gave
flawless presentations at the
Tropicana 4-H public speaking
tournament on 31 March.
Carrabelle fourth grader T.J.
Jackson talked his way to district
honors in front of a panel of four
Judges and a room full of peers
in the Chapman Elementary
School Auditorium.
On the strength of his "Bratty Sis-
ter" speech, Mr. T.J. Jackson con-
vinced a panel of fourJudges that
his public speaking abilities were
thebest In.the county. T.J. spoke
for just over two minutes about
his sister, who he said used all of
his personal belongings with the
permission of his parents. "Be-
tween me and you," concluded
T.J., "I think she practices."
Chapman student Celeste Elliot
was chosen as best public speaker
for the sixth grade with her trib-
ute to "Six Flags Over Georgia."
Other contestants included
Chapman's Jenny Edmiston,
whose topic of "Teachers" in-
cluded the assertion that "every
one of them has a face that looks
like an alien," and Carrabelle's
Brooks Van Carmerik, who out-
lined safety measures for line
The Tropicana 4-H Public Speak-
ing Program was coordinated by
Franklin County's Extension
Agent Bill Mahan. The panel of
judges included Franklin County
Commissioner Dink Braxton,
Franklin County School Board
Chairperson Will Kendrick, Fran-
klin County Juvenile Justice
Chairperson Sandra Lee Johnson
and Local Radio Host of the pro-
gram "For Teens, By Teens,"
Pamela Amato. Coordinator Bill
Mahan concluded the tourna-
ment by encouraging other el-
ementary students present to
participate in future public speak-
ing events.

301 Reid Avenue
Port St. Joe, FL 32456
(904) 229-9090

By Laura Rogers
Emerald Coast Hospital is proud
to announce the appointment of
Dr. Mahmud A. Sheikh to its
medical staff. Dr. Sheikh's spe-
cialty is internal medicine.

Dr. Sheikh and his family are re-
locating from Michigan where he
worked for the Mercy Hospitals.
He is a native of Pakistan and
studied Medicine in England be-
fore coming to the United States.
Dr. Sheikh, as an internal medi-
cine physician, has a lot of expe-
rience working in the Emergency
room. He specializes in non-
invasive cardiology, geriatric
medicine, critical care and chemo-
therapy in both in-patient and
out-patient settings. Dr. Sheikh is
available for consultations and is
now accepting new patients at
Emerald Coast Hospital,
Riverview Medical Clinic in
Carrabelle, Ray Medical Clinic in
Eastpoint, and Magnolia Medical
Clinic Apalachicola.

Superintendent C.T. Ponder, Assistant
Superintendent Mikel Clark and Red
Cross representative Chris Floyd
unload boxes of Red Cross information
from the "ERV (Emergency Rescue
V vehicle ; "

Sonjia Raffield

S Nationwide


Utmt For More Information
Call Toll Free

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Saunder's Chiropractic Center
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SlQiI LrmFaIwiE 697-3314









I -


Published twice monthly on the 10th and 26th

The Franklin Chronicle 7 April 1995 Page 9

Executive Director of Elderly Affairs Henry Taylor, Franklin County Senior Citizen
Director Joanne Mahaffey and keynote speaker Carl Petteway

Senior Center

Honors Donors

and Volunteers

"It's just a good indication to the
elderly that the people of their
community care and that their in-
stated Executive Director of Eld-
erly Affairs Henry Taylor at the
Donor & Volunteer Appreciation
Program on 28 March.
Over one-hundred individuals at-
tended the appreciation program
that was highlighted by keynote
speaker Carl Petteway's address
on commitment. Mr. Petteway
spoke about the commitment of
Pete Gray, a one armed outfielder
who played for the St. Louis
Browns. Mr. Petteway noted that,
Brad Suber' if individuals put forth in their
community the effort that was ex-
CRC036726 ended by Pete Gray in the major
leagues, incredible progress could
be accomplished.
The following awards were then
given to community volunteers:
Route 2, Box 4640-8 Phone: 599-6323
Spring Creek, Florida. Fax: 926-2633 Distinguished service: Carl G.
Community Service: Joyce
Terrell Timmons

Bay Area Choral
Society in reher-
sal at Trinity
Church, 1 April

Outstanding Organization:
Carrabelle Golden Girls Quilting
Telephone Reassurance: Philaco
Woman's Club and members,
Hazel Robinson, Diane Dieter and
Martha Pearl Ward
Companionship: Rev. Ron Barks
Senior Center Awards: Doris
Allard and Parson Moore
Craft Award: Rose Cope
Exercise Instructor: Dorothy
Chef Awards: Julia Mae Putnal
and Merle Brannan
Outstanding Board Member:
Helen J. Schmidt
Board of Directors Plaque: Helen
J. Schmidt (President), Shirley
Walker (Vice President), Betty
Judy (Secretary), Donna Spacey
(Treasurer), Hagar Price, Jim
Lawlor and Raymond Williams.

Heath Support: Carrabelle Med- Easter musical
cal Center Easter Musical

Home Delivered Meal Award:
American Legion Auxiliary Post
106 and Members, Lorainne
Browne, Barbara Hall, Inez
Johnson, Lee Howell, Tootsie and
Ted Landrum, Willie Henry,
George Malone, Curt and Shirley
Kelgren, Earl Hall and Edith



By Dr. Stephen J. Gross


Diabetics are susceptible to
several kinds of serious foot
problems infections are
among the most dangerous.
One study found that foot in-
fections are the cause of 20
percent of hospitalizations of
diabetics. Proper personal and
professional care can reduce
the risk of infection or im-
prove the chances of control-
ling an infection if one gets

For this and other reasons,
diabetics' primary physicians
increasingly refer these pa-
tients to the podiatrist for in-
struction in home foot care
and for regular checkups, di-
agnosis and early treatment of
any developing foot problems.
In addition to checkups at
least twice a year, the diabetic
patient should see the podia-
trist any time a change is no-
ticed in the condition of the
feet. Prompt evaluation and
treatment may be crucial in
dealing with a diabetic's new
foot problems.

Presented in the interest of
better foot care by:

Dr. Stephen J. Gross
Hwy. 98
Eastpoint, Florida



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I I I I *I

To Be Presented

at St. Geo United


On Wednesday, 12 April 1995, at
6:00 p.m. the St. George Island
United Methodist Church till be
presenting a musical for Easter
entitled "Risen to Save." James
B. Phillips, choir director of the
Lanark Community Church,
Martha Gherardi, pianist/organ-
ist and Luciano Gherardi, string
bassist, will be featured in the pre-
The participating choirs include
the Lanark Community Church
choir, members of the Sacred
Heart Catholic Church and
Carrabelle United Methodist
There will be a reception held at
the church after the concert.
For further information, please
contact Sandra Ratliff, 1655 East
Gulf Beach Drive, St. George Is-
land (904) 927-3257.

Oyster Rules from page 4

also be required to have a "last
sale" date on it, similar to milk
and dairy products. In the past,
shelf life rules have applied only
to shucked oysters. As of 1 April,
both shucked and unshucked
oysters must be pulled from
shelves if not sold after 14 days
from harvest.
As always raw oysters should
NEVER be consumed by those
persons in high-risk categories.
Steaming or blanching oysters
does not always provide enough
heat to kill all the Vibrio bacteria.
Thorough cooking kills the Vibrio
bacteria and markedly reduces
the risk of becoming ill..
In addition to those individuals
considered high-risk due to liver
disease other high-risk categories
include persons who have the fol-
*Compromised immune sys-
*Chronic alcohol abuse
*Cancer (especially if taking anti-
cancer drugs or radiation treat-
*Chronic kidney disease
*Inflammatory bowel disease
(or any person receiving immuno-
supressive drugs)
*Steroid dependency (as used for
conditions such as chronic ob-
structive pulmonary disease, etc.)
*Achlorhydria (a condition in
which the normal acidity of the
stomach is reduced or absent).
Persons interested in the obtain-
ing a copy of the rule changes
should contact: Mark Collins,
Environmental Administrator,
DEP, Division of Marine Re-
sources, 3900 Commonwealth
Blvd., MS 205, Tallahassee, FL
32399-3000, 904/488 5471.

(A Review)

Bay Area Choral Society,
Chapman Boys Chorus and Ilse
Newell Series Presented Special
Concert 2 April

By George Chapel
The Apalachicola Bay Area Choral Society, the Chapman Boys
Chorus, and the Ilse Newell Fund presented an afternoon of music on
Sunday, April 2nd, at Trinity Church in Apalachicola, that was stun-
ningly beautiful. Before an audience of over 200 people the perfor-
mance of a Latin Mass dedicated to Fray Junipero Serra, the 18th
century Apostle to California, by contemporary composer, Richard-
Keyes Biggs, directed by Nancy Totman; The Seven Last Words of
Christ," by Theodore DuBois, sung in English, directed by Alice Lang
Hall; and traditional and spiritual selections sung by the Chapman
Boys Chorus under the direction of Nancy Totman, resulted in one of
the most outstanding concerts of the season. Dr. Bedford Watkins
was the accompanist.
A culturally central concert, its roots were deep. The full ritual drama
of the Mass enshrines the entire Gospel. Commencing with the Kyrik,
(Lord have mercy), a solemn greeting by God's people of the Lord
coming to meet them in His temple, used by the ancient Greeks,-iden-
tical to the Hebrew, Hosannah, the music proceeded to the Gloria.
Ritualistically not sung during Lent, this fourth century Greek hymn,
known as the Major Doxology, praises the glory of God and the com-
ing of salvation. Beginning with an antiphon from Luke,(Luke 19:38),
contains an ancient Messianic song of the Jews, (Psalm 118:26). music
of theg redo,(Nicene Creed), expressing the fullness of unity with God
from the Liturgy of the Faithful, would liturgically follow readings
from the Laws, Prophets, and Writings, the Epistles, and the Gospel.
The Eucharistic action takes place in the heavens with the anthem of
the Sanctus, from the Seraphic vision of Isaiah, (Isaiah 6:1-3), later
used in the liturgy of the Jewish synagogue, and the Messianic ac-
claim of the Benedlctus.(Matthew 21:9). Liturgically, this would lead
into the Consecration Prayer climaxing in the Lord's Prayer. The Agnus
Del, (Lamb of God), (John 1:29), brought the Eucharistic music to a
The Chapman Boys Chorus sang "Ride on, King Jesus," a traditional
spiritual arranged by Larry F. Pugh, "Wondrous Love," an old south-
ern folk hymn from "The Sacred Harp," arranged by Norman Johnson,
"When Jesus Wept," by William Billings, arranged by Douglas E.
Wagner, "Calvary," a traditional spiritualarrangedby Nancy Totman,
"O Sacred Head, now wounded," by Hans Leo Hassler with harmoni-
zation by J. S. Bach, and "Dona Nobis Pachem," (Give us peace), a
traditional canon in which both
the audience and the Bay Area Choral Society joined in the singing.
Bernard Simmons was a soloist. Members of the Boys Chorus are:

Michael Allen
Matt Barineau
Markeith Daniels
Jason Fincher
Glenn Martlna
Allen O'Neal
Kevin Pitts
Lawrence Ray
Kris Stanley

Claude Banks
Ryan Beavers
Freddie Ducker
Devin Gay
T.C. Myers
Mayson Page
Donald Power
Lance Rochelle
Shaun Barfleld
Toney Becton

Elec Fincher
Ezekiel Johnson
Francisco Nunez
Smokey Parrish
Michael Pugh
Bernard Simmons
Daniel White
Bedford Watkins, Accompanist

The "Seven Last Words of Christ," (1869), was by Theodore DuBols,
who succeed 'J Cesar Franck and Saint-Saens in their respective
chairs as organists. Working with the greatest concentration of alle-
gory to be found in the Scriptures, this outstanding oratorio with its
consistent expression of strength amidst cacophony and turmoil, pro-
vides the opportunity for a beautiful, emotional experience. The open-
ing narration sung by Nancy Totman,(Soprano), was followed by the
First Word, (Father, forgive them) sung by Jimmy Miller,(Baritone).
The contrasting clamor of the chorus at this point demonstrated the
skill of DuBois as a master of harmony. The Second Word,(Thou shall
be in paradise today with me), going before time began, was beauti-
fully sung in a duet by Dr. Tom Adams, (Tenor), and Wesley Chesnut,
(Baritone). The Third Word,(Behold thy Son), involved the entire cho-
rus, and was sung by Margaret Boone, (Soprano), while Virginia
Harrison,(Soprano), sang the expressive twelfth century poem, Stabat
Mater,(The mother was standing). The Fourth Word, (God my
Father,why has Thou forsaken me ?) was sung with majestic dignity
by Wesley Chesnut The Fifth Word, (I thirst), was sung by Hess Hall,
(Baritone), while the chorus musically expressed discord, violence
and confusion.
Nancy Totman, accompanied by the chorus, sang the Sixth Word,
(Unto Thy hands, I commend my spirit). Tom Loughridge, (Baritone),
sang the Seventh Word, (It is finished), accompanied by Nancy Totman
and the chorus. The oratorio ended as the chorus quietly sang the
exquisite Christus, "Christ we do all adore Thee." Members of the Bay
AreaChoral Society are:

Farris Aston
Margaret Boone
Alice Lang Hall
Virginia Harrison
Olga Nichols
Ethel Parish
Mary Virginia Robinson
Nancy Totman
Dody Slaght

Ruth Eckstine
Edith Edwards
Susan Galloway
Barbara Hartsfleld
Judi Little
Ina Meyer
Carol Lemmond
Ellie Jones
Elizabeth Sisung

Tom Adams
Hess Hall
Jimmy Miller
Margaret Boone
Virginia Harrison
Wesley Chesnut
Tom Lougnridge
Nancy Totman

Tom Adams
George Chapel
Michael Guthrie
Glenn Totman
Wesley Chesnut
Dewitt Galloway
Hess Hall
Tom Loughridge
Jimmy Miller

Currently supported by some 83 members of the community, the Ilse
Newell Fund, now in its ninth year, is a publicly supported effort to
bring community concerts into the area. It operates under the um-
brella of the Apalachicola Area Historical Society, a non-profit, 501-
(c)-3, corporation serving the community through museums, pro-
grams, and publications. Its business address is P.O.Box 342, East-
point, Florida, 32328. The last concert of the season will be the
"Fiegenshuh Social Orchestra," conducted by Professor Charles
DeLaney in LaFayette Park in Apalachicola on April 30th. It will be a
toe-tapping program of turn-of-the-century waltzes, two steps, pol-
kas, quadrilles, and rags. A gift oflits sponsors, it is open to all.

r Now is the time to

subscribe to the

Franklin County


Page 10 7 April 1995 The Franklin Chronicle

Published twice monthly on the 10th and 26th

Resort Village from page 1

The petition filed by the Concerned Property Owners, a group of hlme
and lot owners in the Plantation (a single-family residential develop-
ment on St. George Island) charges that the conclusions of law reached
by Ruff in his Recommended Order are flawed. Their brief contained
a summary of their position, as follows:
In the Recommended Order, the Hearing Officer sets forth, among others.
conclusions of law which the Intervenors assert are not supported by Florida
statutory or case law. The Intervenors request that FLWAC reject these con-
clusions of law for the following reasons:
*The burden is on the Petitioners to prove why the 1977 development order
should be amended, not on Board of County Commissioners to justify its
denial of the requested amendment.
*Pursuant to the terms of the 1977 development order, the Petitioners' prop-
erty must be held to a higher standard of review during the site approval
process than other commercial or multi-family development in Franklin County.
*The 1977 development order does not statutorily vest the Petitioners with the
right to develop multi-family residential units as part of the Resort village and
multi-family residential development on the Petitioners' property is not con-
sistent with the Franklin County Comprehensive Plan.
*The Board of County Commissioners is not stopped from denying the Peti-
tioners' requested amendment to the 1977 development order because the
Petitioners are not vested to develop multi-family residential units under the
common law doctrine of equitable estoppel.
*The language in the 1977 development order is not a "special exception" to a
zoning ordinance and the issue of whether the Petitioners are entitled "special
exception" is not before FLWAC in this proceeding.
For FLWAC to adopt the conclusions of law in the Recommended Order would
be to adopt a dangerous precedent that would restrict the ability of local gov-
ernments to exercise control over land use provisions in a development order
duly Issued pursuant to Chapter 380, Florida Statutes. Thus, FLWAC should
reject the conclusions of law described below, affirm the decision of the Board
of County Commissioners denying the requested amendment, and remand
the matter to the County for further action, if any.
The Cabinet aides were scheduled to review the entire appeal for the
Governor and their Cabinet bosses on Wednesday, 5 April, at the
Capitol, Tallahassee.
Specific responses to the conclusion of law made by Michael Ruff in
his Recommended Order were addressed in the Concerned Property
Owners Brief.
-FLWAC should not interfere with the discretionary function of the
County Commissioners authority to amend or alter a condition in a
development order...
...The Florida Fifth Circuit court of Appeal has specifically found that it is
within the discretion of local governmental entities to place conditions in a
DRI development order to ensure that a project is compatible with surround-
ing residential areas and the local government's growth management plan.
Thus, it must also be within the local government's discretion to determine
whether to amend, or otherwise alter, a condition in a development order. The
Board of County Commissioners' decision to deny the Petitioners' proposed
amendment to the development order was based on local concerns which are
appropriately withinthe jurisdiction of the local government. The discretion-
ary function of the Board of County Commissioners in addressing an issue of
local concern is one with which FLWAC should not interfere.

-FLWAC cannot require Franklin County Commissioners to follow the
same procedures and guidelines in the site approval process for the
Ben Johnson property as it does for all other commercial and multi-
family developments in Franklin County because Dr. Johnson's prop-
erty is not like all other property in Franklin County. It is subject to a
DRI development order (DO)and conditions set forth therein.

-The declaratory statements by DCA, and cited Florida Statutes do
not support the conclusion that the Resort Village project is "vested"
to develop multi-family residential units.
While the Hearing Officer correctly concluded that the Petitioners have a
vested right under chapter 163 to develop their property in accordance with
the 1977 development order, the Hearing Officer ignores the specific prohibi-
tion, on the development of multi-family residential units in the Plantation
Commercial Areas. The right to develop multi-family residential units has not
been "authorized" or "ranted" in the 1977 development order. In fact, multi-
family residential development is expressly prohibited without the consent of
the Board of County Commissioners. Thus, there is no statutory vesting of
multi-family residential units on the Petitioners' property pursuant to Chap-
ter 380, Florida Statutes, and therefore, the development of multi-family resi-
dential 'units must meet the consistently and concurrency requirements of
Franklin county's current comprehensive plan.
...In reaching this conclusion, the Hearing Officer suggests that because the
1977 development order vested the Petitioners with the right to commercially
develop their property and Exhibit "D" to the development order reflects high
densities and intensities of use, the Petitioners are also vested with the right
to develop multi-family residential units on their property. This conclusion is
flawed in numerous respects...

...Reliance on Exhibit "D". The hearing officer relies on the testimony of the
Petitioners' alleged expert that specific densities could be calculated from Ex-
hibit "Dl." Exhibit "D" is a hand-drawn preliminary master plan of the Plan-
tation Commercial Areas which illustrates the location of possible develop-
ment. It does not, and was not intended to, establish densities of intensities of
use for the Petitioners' property. Thus, the testimony of the Petitioners' al-
leged expert regarding the possible densities and intensities of use contem-
plated by Exhibit "D" is speculative at best and cannot form the basis for the
establishment of vested rights. Further, even if Exhibit "D" is sufficient to
establish the Petitioners' vested right to commercially develop the property
within certain densities. Exhibit "D" cannot form the basis for a legal conclu-
sion that the Petitioners have a vested right to develop the Resort Village, as a
multi-family residential development.
-The proposition that Franklin County is stopped from approving
the multi-family land use because it previously approved other multi-
family developments should be rejected by FLWAC.
-The burden should be on the Resort Village project to prove why the
amendment for multi-family housing is consistent with the 1977 de-
velopment order, and not on the board of County Commissioners to
justify the denial of the amendment.
In conclusion, the Concerned Property Owners called on the FLWAC
to act, as follows:
The Petitioners do not have a vested right to develop multi-family residential
units on their property and it was within the discretion of the Board of County
Commissioners to refuse to amend the development order. A change in the
permitted use of the proposed Resort Village site could have a significant im-
pact on Nick's Hole and the other environmentally sensitive areas surround-
ing the proposed Resort Village site. The 1977 development order expressly
prohibits multi-family residential development on the proposed Resort Village
site and reserved to the Board of County Commissioners the right to review
proposed multi-family development to determine if, and when, such develop-
ment would be desirable. The Board of County Commissioners properly took
into account the concerns of the residents of the County and environmental
issues in denying the Petitioners proposed amendment. FLWAC should not
interfere with this local decision appropriately made by the local governmen-
tal entity.
Thus, we request that FLWAC reject the conclusions of law in the Recom-
mended Order that are described above and affirm the decision of the Board
of County Commissioners denying the Petitioners' amendment to the develop-
ment order. The Petitioners are then free to apply again for an amendment to
the 1977 development order and as stated by the Board of county Commis-
sioners in its January 4, 1994 Order, "adequately address" issues of local
concern and "provide reasonable assurances that the quality and productiv-
ity of Apalachicola Bay will be maintained."

Background Statement in the
Concerned Property Owner Brief

This matter involves a Notice of Proposed Change ("NOPC") ffied by Ben Johnson
& Coastal Development Consultants, Inc. (the "Petitioners") requesting an
amendment to a Development of Regional Impact ("IDRI") development order
issued by the Board of County Commissioners of Franklin County. Florida
(the "Board of County Commissioners") on September 20, 1977 pursuant to
the authority delegated to the Board of County Commissioners by Chapter
380, Florida Statutes. The Petitioners seeks to develop a Resort Village which
would consist of a variety of uses including: condominium and multi-family
residential, hotel and inn, and retail development, such as shops and restau-
rants. The St. George Island Plantation currently consists solely of single-
family residential homes. The site of the proposed Resort Village has always
been zoned singlefamily residential. The amendment sought by the Petition-
ers would permit the development of multi-family residential structures on
the Petitioners' property in the Plantation Commercial Areas.
The proposed location of the Resort Village is within the site described in the
development order as the Plantation Commercial Areas. The specific location
of the proposed Resort Village is near Nick's Hole in the St. George Island
Plantation. The 1977 development order recognizes the highly unique nature
of the Nick's Hole area which is one of the most environmentally sensitive
areas in the Apalachicola Basin and undoubtedly the most sensitive area on
St. George Island. Nicks Hole is a small horse-shaped lagoon that is fairly
shallow and has limited circulation. It is surrounded by an extensive salt
marsh and is a major spawning and nursery area for shrimp, oysters, flnfish
and blue crabs.
Nick's hole, including its surrounding upland and marsh, has been acquired
by the State of Florida through its CARL program in order to preserve and
protect the productivity of Apalachicola Bay. The State is also considering the
purchase of additional property adjacent to Nick's Hole under the CARL pro-
gram, including the marshes on the bayside of the proposed Resort Viage
site, because of the inextricable linkage of this property to the Nick's Hole
ecosystem. Any impact from nutrient loading, ground water alteration or storm
water run-off has the potential to interfere with, and ultimately destroy, the
fragile ecosystem that currently exists at Nick's Hole.
The 1977 development order specifically provides that final plans had not
been developed for the commercial areas and that the development order con-
stituted "conceptual approval only." In order to get final approval, the devel-
oper is required to meet certain specified criteria, With regard to the Planta-
tion Commercial Areas, the development order authorizes one or more high
quality resort hotels or motels and affiliated tourist shops, restaurants, and
recreational amenities. It specifically addresses multi-family residential uses
and conditions any such development on the express approval of the Board of
County Commissioners. Paragraph 3.B.(V) states:


Condominiums and multi-family residential structures will not be allowed
...without the prior consent of the Board.
Following a public hearing on the Petitioners' proposed amendment, the Board
of County Commissioners voted to deny the Petitioners' proposed amendment.
In its Order Denying Amendment to St. George Island Development of Re-
gional Impact order dated January 4, 1994, the Board of County Commis-
sioners notes that there was strong opposition from the property owners in St.
George Island Plantation to the inclusion of multi-family residential units within
the proposed development.' The Order further states that:
Future application for development orders should adequately address storm
water, sewage disposal, fire safety. emergency evacuation and water supply.
and provide reasonable assurances that the quality and productivity of
Apalachicola Bay will be maintained.
The Petitioners appealed the Board of County Commissioners' decision to
FLWAC which referred the matter to DOAH. Following a formal hearing, DOAH
hearing Officer P. Michael Ruff issued his Recommended Order in this matter
on January 11, 1995. This matter is now before FLWAC pursuant to Section
380.07(6), Florida Statutes. The recommended Order advises FLWAC to issue
a final order that amends the 1977 development order to specifically allow
multi-family use for the Petitioners' property.
Martha A. Barnett of Holland and Knight law firm represents the
Concerned Property Owners and Dr. Tom Adams. Gregory C. Smith
is the attorney for the Florida Land and Water Adjudicatory Commis-
Audio Tape Recording
Held in Moore Auditorium, FSU
campus, 29 March
Price: %5.00 incl sales tx
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Eastpoint, Fla. 32328
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We have the
for your
and wishes matter where you are-
ours is a service you can trust.
serving all of Franklin County
653-2208 697-3366
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SHans & Esther Nice Clean Rooms
= Highway 319 and 98 Low Rates
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- Canabelle, FL 32322 Downtown Adjacent to Carrabelle River -
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Ochlockonee Bay


Beachfront &
Riverfront Properties
Hwy. 98 Panacea, Florida


Classes Offered

By Judy Corbus
The Franklin County Cooperative
Extension Service will hold a three
class Homebuyer Education se-
ries for persons interested in buy-
ing a house. The classes will be
held on 18 April 1995, from 7:00-
8:30 pm at the County Commis-
sion Boardroom at the Franklin
County Courthouse.
The first class,"Steps in Buying a
House," will cover the steps in-
volved in buying a house, from
choosing a house to closing on the
purchase. The second class, "Your
Family Spending Plan," will cover
how to make a spending plan and
ways to save money. In the third
class, "Home Care and Mainte-
nance," participants will learn
simple repairs they can do them-
selves to maintain their homes.
Please call the county Extension
office at (904)653-9337 to reserve
a seat. Persons with disabilities
requiring reasonable accommoda-
tion to participate in the classes
should call the county Extension
office at (904)653-9337 (V/TDD,
via the Florida Relay service, 1-
800-955-8771) not later than
seven days prior to the classes.
The Cooperative Extension Ser-
vice provides educational infor-
mation and other services to in-
dividuals without regard to race,
color, sex, age, handicap, or na-
tional origin.

Left to right: Susette Wilder, ASID, Julian Mathis, ASID, Lucy Baer, A:
Ann Camp, ASID, Ginny Sharpe, ASID, Clay Sechrest, ASID

We are all experts at many design styles
from traditional to contemporary,
but our best style is what suits you.
Initial Consultation Complimentary

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1105 North Monroe Street F

I 0 R S

L. Lie. IBC000259




If you have allergies- or think you do, MARQUIS MEDICAL CLINICS are now
offering allergy testing and evaluations.

Allergy shots can now be given in clinics
-Learn what allergies are
-Learn if you have allergies
-Determine if you can become a candidate

Please call Magnolia Medical at 653-2935
Apalachee Bay Medical at 670-8100
Riverview Medical at 697-4288
for a referal appointment or more information.

We Offer Gulf-front Sales and Rentals!

Enjoy the quiet and serenity of North Florida's Big Bend area.
Located just minutes from Tallahassee, we offer excellent
hunting, fishing, birding, etc. Please call or write for a list of
our sale and rental offerings.

P. O. Box 556 Panacea FL 32346

Now is the time to
subscribe to the


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Mailed subscriptions within Franklin County
are $16 ($16.96 including tax) for one year, or
26 issues. The out-of county rate is $22.26
including taxes. All issues mailed in protective
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Franklin Chronicle
Post Office Box 590
Eastpoint, Florida 32328
04-927-2186 or 904-385-4003