A LOCALLY OWNED NEWSPAPER I Ine rI' i an1izn %.IR utlc 10 December 2004 Page 5 Carrabelle City Council Meeting December 2, 2004 Architectural Harbor Plan Previewed Presented to a full house; :Later, Attorney Bails. 1 Carrabelle residents and visitors 'may be able to walk the entire city side of the river on a public board- walk, if the latest development ,plan passes. An almost 'standing-room-only crowd at the Senior Center heard Sam Justice, of Justice Architectural Systems 'of Greenville, SC highlight a new master plan for the downtown 'area. Although the developers (Kay :Eubanks and others under the ;name Forgotten Coast Develop- ,ment, from the Mexico Beach of- fice of Coldwell Banker) are not 'making offers on the entire town, :the plan includes a vision of a :near-complete rework of several 'blocks, from the water back. The :concept presented was explained by Mr. Justice as a logical thought process that would produce a well-thought out and designed look and function for Carrabelle. Importantly, he emphasized that this process would include citi- zens of Carrabelle in all phases of planning. The project is appar- ently a morphed outgrowth of the more modest plan shown last month that featured the Georgian Motel's change into a multi-use commercial and residential area. The evening was full of develop- ment challenges to the existing zoning and land use laws, caus- ing City Attorney Dan Cox to make repeated recommendations that the existing Comprehensive Plan was out of date and must be fixed, by law, before some of the current projects can go forward. Several Issues were passed by the commission in spite of the warn- ings., The climax of the evening, right, at adjournment at 11:15 p.m., was the suggestion from Mr. Cox: that the city "Advertise an RFP for a City Attorney". It took some time for the meaning of the statement to, sink in, helped by Mr. Cox adding that he was ten- dering his resignation. The com- mission voted to accept. Approval of Bills All approved. Commissioner Reports Mayor Brown: Noted that sewer deposits for new projects have not all been paid, and that the city would be enforcing that require- ment. He also stated that Rebecca (Becky) Jackson, long-time City Clerk, would resign effective 2/ 25/05, and the commission voted to maintain her payroll status until June. Stated reason was health issues. Becky's suggestion that Courtney Millender, Assis- tant Clerk, be promoted into the slot, was tabled by vote. Board of Adjustment Mary Lawhon's request for a vari- ance at Phase II of Mariner's Landing, repeating the variance granted previously for Phase III to change public restrooms to ground level, was passed. Planning and Zoning Roger Bybee, engineer, made sev- eral observations at this point. He said that the city was allowing il- legal spot zoning, that the Comp Plan was out of date and must be revisited, and that the city codes need revision. He cited statistics on development projects: that of the 668 approved multi-family dwelling units that are, part of new approved projects, only 50 units (7-1/2 %) are currently under construction. His recommenda- tions are apparently in line ,with those of exiting city attorney Dan Cox. Public Hearing Public comment from Dr. Lewis, Roger Bybee, Donald Wood and CalAllen strongly objected to pro- posals from Lee Morris and Bar- bara Stokes to begin zoning change work in the R-1 East Carrabelle area around' highway 30A (Gulf Avenue). Mr. Bybee con- trasted the quiet residential na- ture of the stretch to the plan of' high-density construction that would come with the multi-family proposals. He observed "inconsis- tencies" with the Coastal High- Hazard areas on the Comp Plan "current best data". His interpre- tation is that 2 units per acre is the current allowable, whereas proposals show 15 per acre; and that much study and change musl be done before proceeding. Barbara Stokes, with consultants CLAIM OF LIEN NOTICE Per Florida Statutes 713.78 (3) (b) File No. Date of this Notice 11/22/04 Invoice No. 9915 Description-of Vehicle: l, Che. ,- I.:-.jel S ". .P g Color Blue Tag No E16YBZ Year 1986 State FL vin No. 1G1JC35POG7146296 To Owner: Laura Jean O'Neal To Lien Holder: P.O. Box 213 Carrabelle, FL 32322 You and each of you are hereby notified that the above vehicle was towed on 11/16/04 at the request of FHP that said vehicle is in its possession at the address noted below. They the undersigned claim a lien for towing, storage and cost. The vehicle will be sold after 35 days from the date of impound free of prior liens. Payment by the above date of notice in the amount $ 230.00 plus storage charges occurring at the rate of $ 20.00 per day from the date hereof will be sufficient to redeem the vehicle from the lien of the lienor; that subsection (4) of Florida Statute 713.78. NOTICE OF FORECLOSURE OF LIEN AND OF INTENT TO SELL' VEHICLE PURSUANT To subsection (5) of Florida Statute 713.78 You and each of you are hereby notified that on 12/23/04 at 12:00 noon o'clock, the vehicle described above will be sold at public auction at: 620 Houston Rd., Eastpoint, FL' From the proceeds will first be paid all towing and storage charges plus all costs including cost for this sale. Any excess will be deposited with the Clerk of the Circuit Court. You and each of you are urged to make satisfactory arrangements to pay all charges and take possession of the said vehicle. In order to obtain a release of the vehicle you must present personal identification, driver's license and PROOF OF OWNERSHIP (title, registration, etc.) at the address below and pay the charges. SHADE TREE TOWING P.O. Box 971 Eastpoint, FL 32328 (850) 670-8219 Eastpoint Bay Front: "Yesterday's Dream," 55 S. Bayshore Dr. Magnificent 4BR/3BA, 3300 +/- sq. ft. home offers gourmet kitchen, custom cabinets, fireplace, Andersen and Pella windows, bamboo floors, beautiful landscaped yard with koi pond, enclosed hot tub and pool. Approx. 224' Bay frontage, wonderful sunsets! $1,499,000. MLS#102071. Select Land Value Magnolia Bluff Bay View-Lot 1, Block 1, approx. 100' frontage x 200' $189,900. MLS#102564. y Prudential Toll-Free: 800-974-2666 Resort Realty Phone: 850-927-2666 123 Gulf Beach Drive West e-mail: info@stgei St. George Island, Florida 32328 www.forgottencoastrealtor.com -ogeisland.com An Independently Owned and Operated Member of The Prudential Real Estate Affiliates, Inc. Gene Langston and Alan Plerce Sspokee goal to bring nec families to Carrabelle, anAr' showed density plans and we't- land areas. Some heated cross-commentary led to no coa clusion. <.. Ben Watkins objected to Daft Ausley's request to annex prop-' erty on Highway 98 near the old Julia Mae's site into the city. Sparse comment on the change ' of 9.9 acres in Baywood Estates. from A-1 to R-1. Unfinished Business ..., 1. (See top of story) 2. Long Pointe, the area west of the bridge on the north side, was approved to proceed to advertisE itself as a PUD (planned Unit D- - velopment). First reading of the,, ordinance to be at a special meet- ing in December to shorten the; time period to.begin development,: - *. , "' f !.'' 3. Baskerville-Donovan updates ,. ,a.Phase I water and sewer: 98e complete. Roadpatching remains . b. Phase IV Timber Island: 33%'.& c. Storage tanks: 86%. 8 days to go. ' d. Phase III: shop drawings ap- proval going slowly; has started. : e.. Lake Morality. Road: slightly; r behind schedule . f. Elevated storage.tanks: 3%. , 4. Jesse and.Mayne MillendeIr request water ani sewer on 16, , lots. B-D to evaluate. . 5. Carraway: L'anding and Carraway Bay' Plantation Finald.' Plat 'was approved' New Business ,':',: '^^ 1. Alan Pierce andMike Robulock were approved' to advertise 25 acres at the end of River Road for annexation and to rezohe to PUD. Tentative approval of PUD contini, gent on annexation. 2. Dan Ausley approved to go to, public hearing to vacate/abandon a portion of 13 St W and Ave A between 12 and 13.St. 3. Barbara Stokes 'Carrabelle Waters was tabled to January. 4. Gene Langston's R-5 to R-1 application for 28. acres on Air- . port Road met with Attorney Cox'si note that the Comp Plan must be' amended first for land use. 5. Long, extended comments on Robert Nicholson's request td" build a Moose Lodge at,106 SE" 12 St. Rita Preston, David Jack-' son, Gene Spivey. Carolyn Spivey. Clifford 'Holcomb and George- JaOdkstit0(twide& poke against due to proximity to school and child' traffic. Mayor Brown admonished,, Mr. Nicholson that although itf ' was his right to present drawings,-. etc. to begin the process, that "1'T have to wonder if it would be wise for you to try to do it". 6. Steve Watkins received prelimi- nary plat approval for The Moor- ings rework and redevelopment. To retain a public boat ramp on- the property. 7. Paul Osterbye got final plat approval on the 123 River Road property bought from the city. " 1 8. Approved to send the city back- hoe for repairs. 9. Tabled the possible hire of an office assistant for the City. To go ,to the workshop/ meeting 12/14 nat 6PM. '10. Discussion of FY 04-05 bud- get. Ordinances 'Approved 349, 350, 351, 353, and .,354. First readings of 356, 357, 358, and 359. Public Comment Rta Preston suggested that the 'city legislate a defined distance from certain places of business to schools and churches. Attorney. Cox resigned. Adjournment 11:15 p.m. .Penalty TariffS On ShrimpP Imports Upheld 'Last week, the Bush Administra- tlon upheld the imposition of pen- alty tariffs on imported shrimp from China and Vietnam. iThe ruling was, a part of a case brought by the Southern Shrimp ;Alliance that ihas been trying to ' cope with low prices for imprrted "shrimp for :the-past three years. The Alliance has chargedithat the- U.S. shrimp Industry was being destroyed because of the flood of cheap imported foreign -shrimp. On the other hand, some foreign shrimp producers argue that the SU.S. needs foreign imports be- cause the domestic supply Is not large enough- to meet demand. They also deny that they are sell- ing shrimp at low enough prices in order to capture the U.S. mar- ket , The eight states represented in the Southern,Shrimp Alliance are Alabama, Florida, Georgia, 'Loui- siana, Mississippi, North Caro- lina, South Carolina and Texas. A final decision on shrimp duties from four other countries, Brazil, Ecuador, India and Thailand may be made in late December. Alto- gether, these countries, including China and Vietnam, provide about 75% of the shrimp eaten by Americans. The U.S: Commerce Dept. issued the tariffs against China and \'let- nam after reviewing the results of a yearlong investigation which showed that farm-raised shrimp from those nations were dumped in the U.S. markets. The shrimp- ing business in those nations is subsidized,by their governments and in some cases by the World Bank and foreign aid from the U.S. The wholesale price of a pound of shrimp in the U. S. has fallen from $5. to $3.50 a lb. in the last five years, due largely to dumping. '*" d9I( jfIF /i SWin ELECTRONICS ICOM RADIOS ri e FURUNO, GARMIN, RAY MARINE Fibpr glass & paint supplies, fishing tackle, trailer parts. frozen bait, live bait, rope, team fish line, dpep sea & flat rods & reels. Coming soon: Diesel & gas motor repair, new t-tops and canvas and repairs. Adding over'7,000 sq. ft. CLAIM OF IEN NOTICE Per Florida Statuies' 713.78 (3) (b) File No. Date of this Notice 11/29/04 Invoice No. 8833 Description of Vehicle: Make Model amar Color Blue TagNo No Tag Year 1984 s F,, vinNo. 1G1AP8714EL194883 ToOur.er Don Julian Penlon. Jr 'r To Lie. ,:.le, " 23 Lake Aenue Panacea. FL 32346 ' You and each of you are hereby notified that the above vehicle was towed on 11/05/04 at the request of .:eA.-D/FCSO that said vehicle is in its possession at the address noted below. They the undersigned claim a lien for towing, storage and cost. The vehicle wifltbe sold after 35 days from the date of impound free of prior liens. Payment by the above date of notice in the amount $ 230.00 pius storage charges occuring at the rate of $ 20.00 per day from the date hereof will be sufficient to redeem the vehicle from the lien of the lienor; that subsection (4) of Florida statute 713.78. NOTICE OF FORECLOSURE IEN AND OF INTENT TO SELL VEHICLE P PURSUANT To subsection (5) of 0torida Statute 713.78 You and each of you are hereby notfiifi !|at on 12/16/04 at 12:00 noon o'clock, the vehicle described above~illbe sold at public auction at: 620 Houston Rd., Eastpoint, FL iom the proceeds will first be paid all towing and storage charges plus all c'ts Including cost for this sale. Any excess will be deposited with the Clerk of th-i-Ccuit Court. You and each of you are urged to makl saisfactory arrangements to pay all charges and take possession of the said vehicle. In order to obtain a release of the vehicle you must present personal indint'ication, driver's license and PROOF OF OWNERSHIP (title, registration, etc.) at the address below and pay the charges. SHADE Tif TOWING P.O.,Bfx 971 Eastpoinft,| L 32328 (850-61-8219 Apalachicola River Litigation from Page 1 The impact of dam and reservoir operation on the ACF Species neces- sitates careful coordination with the Services. The Jim Woodruff Lock and Dam on the Apalachicola River completely restrict Gulf sturgeon migration. Prior to dam construction in 1957, the Gulf sturgeon mi- grated approximately 200 miles upstream in the ACF system. Be- cause of the effects of dam and reservoir operation, the GSRP indi- cates a need to re-evaluate existing dam operations and encourages cooperative efforts among the Services and the Corps "to identify ways. to restore and protect natural river habitat diversity." Florida does not advocate removal of the .dams. This notice is di- rected toward the Corps' operation of the ACF dam and reservoir sys-, tem, the downstream impacts of which must be carefully evaluated at all times under all applicable laws, including the ESA. Designated Gulf sturgeon critical habitat includes "units within the major river systems that support the seven currently reproducing subpopulations and associated marine habitats. These river systems include the Apalachicola River, which along with the other critical habitat units, "collectively represent habitat necessary to provide for the conservation of the species." One hundred fifty-eight river miles of the Apalachicola are designated as critical habitat for the Gulf stur- geon. Critical Habitat Unit 13 includes portions of the Apalachicola Bay in the Gulf of Mexico. This unit provides winter feeding migration habitat for the Apalachicola River Gulf sturgeon subpopulation. The species is believed to migrate from the Apalachicola Bay into the Gulf of Mexico following prevailing currents. According to the Services "the value of critical habitat is appreciably diminished when an action considerably reduces the capability of designated or proposed critical habitat to satisfy requirements essen- tial to the conservation of a listed species." In particular: "[A]ctions that may destroy or adversely modify Gulf sturgeon critical habitat may include, but are not limited to, dredging; dredge material disposal; channelization; in-stream mining; land uses that cause ex- cessive turbidity or sedimentation-, water impoundment; hard-bottom removal for navigation channel deepening, water diversion; dam op- erations; release of chemicals, biological pollutants, or heated efflu- ents into surface water or connected groundwater via point sources or dispersed non-point sources; release of chemical or biological pol- lutants that accumulate in sediments; and other physical or chemi- cal alterations of channels and passes."' The Endangered Fat Threeridge and Threatened Purple Bankclimber On March 16, 1998, FWS listed the fat threeridge as "endangered" and the purple bankclimber as "threatened" under the ESA. The fat threeridge and purple bankclimber are endemic to eastern.Gulf Slope streams draining Apalachicolan region of southeastern Alabama, southwestern Georgia, and northern Florida, with their center of dis- tribution being the ACF Basin and the Ochlockonee River system. The fat threeridge historically occurred in the mainstreams of the Flint, Apalachicola, and lower Chipola Rivers. Current populations Remain in the Apalachicola River. The purple bankclimber was his- torically found throughout the mainstream of the Flint River system and some of its tributaries. The species .was also historically located in both the Apalachicola and the Chattahoochee Rivers. Current Popu- lations remain in the Apalachicola River. In listing these mussel species, FWS explained "[mluch riverine habi- tat in the ACF system has been converted to slack-water impound- ments." Neither of the two mussel species was located in surveyed reservoir sites, and [n]one of these species are known to successfully reproduce and recruit under impoundment conditions. Expanding, on the problems presented by impoundment FWS explained that the mussels, habitat requirements "generally consist of stable channels with substrates. Usually gravel, and other rocky materials in stream currents. Habitat conditions created in impounded rivers consist of softer sediments (i.e., silt, mud, sand) and minimal currents (except at reservoir heads). Impoundments also change other physical and chemical characteristics of rivers." "[FWS] believes significant changes in water quality, including large increases in sediments, decrease in flow due to impoundments, and nutrient increases, have been generally detrimental to the native mussel fauna." ('The mussel fauna in much of the Apalachicolan Re- gion has been negatively impacted by impoundments, siltation, channelization, and by water pollution.") "Impoundments affect mus- sels by altering current substrate, and water chemistry, factors which are important to riverine mussels." Approximately 248 miles of the lower main stem Chattahoochee River are inundated slack-water habitat. An additional 53 miles of main stem habitat are impounded upstream of Atlanta. Fully 69% of the Chattahoochee River is effec- tively impounded. Similarly, impoundments have altered approxi- mately 109 miles (29%) of the main stem Flint River. The Endangered Florida Torreya FWS listed the Florida torreya as an endangered species over twenty years ago. This plant species, a coniferous, evergreen tree reaching 18 meters In height, is endemic to the ACF Basin in Florida and Geor- gia. The Florida torreya is part of the rich flora within the Apalachicola bluff system. Florida torreya occurs in ravines along the eastern side of the Apalachicola River from Lake Seminole in Georgia to Bristol, Florida. The species occurs on public land administered by the Corps and is impacted by Corps operations. Additional Species of Concern Many additional federally protected threatened and endangered spe- cies are known to exist in the ACF Basin. See, e.g., Working Draft, Fish and Wildlife Coordination Act Report for the Apalachicola-Chattahoochee-Flint River, Basin Water Allocation For- mula (June 5, 1998), Appendix D (listing "Federal and State protected species within the ACF"). One or more of these species may also be adversely affected by the Corps' dam and reservoir operations. It Is incumbent on the Corps to make such determination, by following the procedures of ESA Section 7. Alleged Effects of Corps Operations In listing the Gulf sturgeon, the Services observed that the "Federal actions most likely to affect the Gulf sturgeon are the permitting pro- Continued on Page 8 Now is the time to subscribe to the FRANKLIN CHRONICLE The Chronicle is published every other Friday. Mailed subscriptions within Franklin County are $16.96 including taxes for one year, or 26 issues. The out-of county rate is $22.26 in- cluding taxes. Subscriber Address City State Zip Telephone E-Mail L Renewal* Basic Subscription, 26 issues. 0 Out of County 0 In County Date: *If renewal, please include mailing label Please send this form to: Franklin Chronicle 'Post Office Box 590 Eastpoint, Florida 32328 850-670-1687 or 850-927-2186 rFZl, Pirrorldin ChranieFe