City may seek award for damages

Since the late seventies, the U.S. Army Corps of Engineers systematically and illegally restricting freshwater flow down the ACF River Basin to the detriment of the environment and economy of the City of Apalachicola.

After witnessing decades of decline in the reproductive strength of the Apalachicola River and Bay, in January 2008, we filed suit in the federal district court for the Northern District of Florida challenging the Corps management and operation of the ACF facilities.

We challenged the Corps failure to complete an adequate National Environmental Policy Act (NEPA) review when it issued the original Interim Operations Plan (IOP), the modified IOP, and the Exceptional Drought Operations (EDO) modification to the modified IOP and their failure to comply with the environmental assessments requirements under the Coastal Zone Management Act (CZMA). The City was the first and only litigant to bring forth issues based upon the CZMA.

Further, the various contracts entered into by the Corps, which provides for withdrawals for purposes other than those authorized by law, and the Corps’ application of the draft water control plan violated and continues to violate the Water Supply Act, Flood Control Act, and NEPA.

After filing, the court consolidated our case with six others cases that dated back to 1990 and transferred the litigation to the federal district court for the Middle District of Florida before U.S. District Court Judge Paul A. Magnuson.

On Friday, January 23, City Attorney J. Patrick Floyd filed a motion for summary judgment, a move that could end the 20-year-old litigation. Giving the February 2008 ruling of the District Court of Appeals and the U.S. Supreme Courts recent refusal to hear Georgia’s appeal, we are very optimistic that the Consolidated Case will prevail.

Should that be the case and the suit reaches the remedy stage, I have already discussed with Floyd the possibility of the City filing a separate motion seeking a monetary award for the damages caused by the Corps illegal actions upon the economic livelihood of the citizens of Apalachicola.

ARPC January '09 Report

At the Apalachee Regional Planning Council meeting held in Tallahassee on January 29, there were two items of interest discussed that pertained to the City of Apalachicola and could have an impact of future development.

*Council members reviewed and commented on the City of Apalachicola’s recently submitted Evaluation and Appraisal Report (EAR), which included recommended changes to the following major elements of the Comprehensive Plan:

1) Affordable Housing;
2) Riverfront Land Use Conflicts;
3) Traffic Congestion on U.S. 98 and;
4) Storm and Waste Water Management

The council voted unanimously to send the EAR on to the Department of Community Affairs (DCA) and recommended that the city work with Franklin County on the implementation of the four issues listed above.

*There was also a discussion on a new requirement for local governments as it relates to their comprehensive plans. In the State of Florida, the transportation sector produces over 40% of greenhouse gas emissions. Out of the 40 percent, 80 percent comes from vehicular travel, which makes the transportation sector a major source of greenhouse gas pollution. In order to reduce the amount of greenhouse gases produced by transportation, there has to be a reduction in the miles vehicles travel.

To accomplish this, the Florida Legislature enacted HB 697 in the 2008 session, which requires local governments to implement with new land use changes and EAR based amendments, new or enhanced land use planning strategies, including planning for alternative modes of travel, more compact mixed-use development, greater jobs-housing balance, and higher densities in appropriate places.

These new requirements became effective on July 1, 2008 and the DCA is planning on posting on their website at http://www.dca.state.fl.us/ additional documents with guidance on the implementation of HB 697.

Apalachicola’s Stimulus Request List

City Administrator Betty Taylor-Webb has compiled and submitted to our Congressional Representatives an extensive list of potential city projects for funding through the $819 billion economic stimulus package passed by the U.S. House of Representative on Wednesday, January 28. To qualify during the initial funding cycle government agencies must have projects ready to bid in order to provide immediate jobs for workers affected by the downturn in the economy.

The city’s list of project totals $13,150,000 and includes the following:

Community Facilities Infrastructure
*$1,750,000 – To help fund the establishment of two Multi-Use Community Centers, which includes the renovation of Apalachicola High School to use as a Community/Activity Center and the renovation of the Historic Holy Family Catholic School building for use as a Senior/Cultural Center.
*$1,500,000 – To help fund the renovation of the old Family Dollar Store to serve as an Emergency Response Complex to house the Fire/Police Departments and Emergency Operations.

Utility Service Infrastructure
*$700,000 – To expand sewer services to areas of the city not currently served and the removal of septic tanks from the property of homes connected to the expanded service.
*$650,000 – For improvements to the wastewater collection system needed to accommodate the sewer expansion.
*$1,500,000 – To help fund the construction of the proposed Wastewater Reuse Reclamation System, the system will enable the city to remove wastewater effluent from surface water discharge.
*$1,400,000 – To fund upgrades to the existing Advanced Wastewater Treatment Facility in order to improve the reliability of the Wastewater Reuse Reclamation System once installation is complete.
*$1,550,000 – To expand the proposed Wastewater Reuse Reclamation System to offer reuse services to the broader community.
*$3,100,000 – The total amount needed to fund critical improvements to the following Storm Water Management systems: Site 1: Cato Drive Drainage System - $350,000; Site 2: US 98 at 16th Street Storm Water Quality Improvements - $1,500,000; Site 3: Avenue I Storm Water Treatment - $950,000 and; Site 4: Avenue F and Water Street Storm Water Treatment - $300,000.

Transportation Infrastructure
*$1,000,000 – To fund a road-paving project throughout the City of Apalachicola which would consist of paving existing dirt roads and resurfacing others. We have also requested improvements at the intersection of U.S. Highway 98 and Market Street, along with the adjoining multi-step curbing along U.S. Highway 98.

Letter to the Business Community

Dear Apalachicola Business Leaders,

It only takes a small shift one way or the other to make a negative or positive impact on a community, it can be the determining factor in whether a town is headed toward greater prosperity or toward troubled times. A positive approach can shift us in a direction to overcome this economic downturn we are faced with today. It requires a response not only from your federal and state officials but from your city level officials as well, carefully considering priorities and responding to current conditions in planning Apalachicola’s business and economic future.

I certainly understand this economic slowdown is putting increased pressure on your small business. Rising unemployment, mortgage woes and troubles with credit are causing people to spend less, and with that drop in spending, money to pay for employees is declining as well. We encourage you to search for ways to turn this economic challenge into business opportunities by considering new ideas to reduce costs and inefficiencies as an alternative means to improve your business cash flow rather than ending much needed employee positions when at all possible.

Along with myself and our city administrator, a group of key officials from the local banking institutions and Chamber of Commerce have partnered to search for ways to offer assistance in these challenging times. The Chamber is diligently working to promote our unique and pristine area to entice visitors that will shop and dine in your establishments. They have also initiated a “Think Local First” campaign to encourage local shopping throughout the year. Our local banks have favorable loan programs and with the current low interest rate, they assure us that now is the time to consider refinancing and/or consolidation. It has been announced by the US Department of the Treasury that approval has been granted to at least one of our local banks to receive allocations for Preferred Stock under the Treasury's Voluntary Capital Participation Program. These funds are set aside so that financial institutions can make additional loans to qualified recipients to help stimulate local economies. We encourage you to contact all three of our local banks to find out what financial assistance opportunities are available to assist you in protecting your investments.

City officials have demonstrated their willingness to help the local economy by approving the highest property tax cuts in the county over the past three years and have made some tough decisions to tighten the annual budget without cutting essential services. We are considering a temporary reduction in city service fees to businesses in an effort to offset the slack season and exploring possible incentives to assist businesses with temporary cash flow loans which can be repaid from proceeds generated during your more productive peak season.

I truly believe that through our collective knowledge, expertise, resources, and partnerships, we are uniquely positioned to help the Apalachicola business community continue to thrive through and beyond this temporary economic slowdown. I am sincerely inspired by your dedication to offer goods and services to our local citizens and visitors - Thank You!

Sincerely,

Van W. Johnson, Sr., Mayor
The Historic City of Apalachicola

Local King Day Celebration

Attachment: My Speech

Photos & footage taken by Gail D. Johnson

Happy Martin Luther King, Jr. Day

Gail and I wish all of you and your families a happy and safe Dr. Martin Luther King, Jr., Day. I also like to remind you that all city offices except for the police department will be closed today in honor of the slain civil rights leader and Presidential Medal of Freedom Recipient on this nationally recognized holiday set aside as his birthday.

Local Transportation Stimulus Projects

Received via electronic mail Friday from Greg Vickery, District Three Communications Coordinator for the Florida Department of Transportation (FDOT) on behalf of Larry F. Kelly the District Secretary was information concerning the economic stimulus package currently under consideration by President-elect Barack Obama and Congress.

The FDOT officials are requesting local governments to begin developing a list of transportation infrastructure projects that will aide in the creation of immediate jobs to help stimulate the economy. They are looking to approve for funding projects that can be let-to-contract within approximately 120 days after congress passes the bill authorizing the stimulus package.

To be eligible local governments must meet the following four criteria:

(1) Plans or design/build criteria package must be complete;

(2) All permits must be in-hand;

(3) All acquired rights-of-way must comply with the Right-of-Way Uniform Act; and

(4) Pursuant to the National Environmental Protection Act (NEPA), all federal environmental studies, and documents must be completed and approved.

In the email, FDOT officials stated that they are concentrating this effort with county government. However, cities are free to include any projects they wish. They further stated that the list of projects be submitted by January 30, so that they may review the list and contact local governments for finalization and clarification.

In addition, they cautioned only those projects that are production-ready and have completed the environmental review would probably be included at this point.

Obama is pushing Congress to pass his $800 billion economic stimulus package to help jump-start the national economy right after he takes office on inauguration day January 20.

Mayor’s Proclamation

In Observance of
Dr. Martin Luther King, Jr. Day

WHEREAS, on November 2, 1983, at a White House ceremony inside the Rose Garden, President Ronald Reagan signed a bill into law creating a national holiday named in honor of civil rights leader Dr. Martin Luther King, Jr., who is also one of the most important and recognized figures in our Nation’s History; and

WHEREAS, Dr. Martin Luther King, Jr., exemplified the values of equity, justice, and brotherly love, and through nonviolence brought an end to segregation and other forms of oppression, both in the United States of America and abroad; and

WHEREAS, the sun set early, ending the life of the dreamer but not the dream of this young thirty-nine year old preacher from Atlanta Georgia; and

WHEREAS, more than forty years after his assassination, his dream of living in a world where one is judged only by their character and not the color of their skin, has finally rung true with the election of Barack H. Obama as the first person of color elected President of these United States of America; and

WHEREAS, we celebrate the birthday of Dr. Martin Luther King, Jr., on the eve of the Inauguration of Barack H. Obama as President, let us move from this day in the spirit of brotherly love, as one Nation under God with Liberty and Justice for all.

NOW THEREFORE, I, Van W. Johnson, Sr., Mayor of the Historic City of Apalachicola, by virtue of the authority vested in me by the City Charter, do hereby proclaim and call upon all residents of the City of Apalachicola, to observe, celebrate and adopt the spirit of service on January 19, 2009, in honor of the legacy left behind by the late Dr. Martin Luther King, Jr., and to prepare for the dawn of a new era with the presidency of Barack H. Obama.

HEREBY PROCLAIMED, in the year of our Lord this 15th day of January, 2009.

FOR THE CITY OF APALACHICOLA

VAN W. JOHNSON, SR., MAYOR

1968 State Football Champions

Pictured below are members of the 1968 Chapman Sharks State Football Championship team. The City of Apalachicola is in the process of creating a High School Athletic Hall of Fame to preserve the rich heritage of past Apalachicola student-athletes. For more information, click Hall of Fame below.

Top Row Left to Right: Assistant Coach Dewitt Galloway, #35 Stanley McIntyre, #68 Jerry Mallon, #27 Woody Dean, #12 Don Powers, #11 Wayne Hicks, #80 Pat Floyd, #85 Mike Scarabin, #80 Mike Ernest, #46 Hoyt Vaughn, #67 Floyd Alford, #23 Mark Elliot, #91 Nick Mosconis, Head Coach William “Pop” Wagoner.

Middle Row Left to Right: #92 Abe Johnson, #94 Theophelus May, #77 David Silva, #81 Vincent Jones, #88 Willie Clark, #75 Rocky Bankston, #83 David Teat, #79 Wilmer Deason, #76 Choppy Hendels, #34 Victor McDonald, #78 Tine Hoffman.

Bottom Row Left to Right: #70 Thomas Allen, #21 Robbie Johnson, #55 Stan Norred, #13 George Meadows, #33 Johnny Nichols, #38 Clifford King, #25 Dan Davis, #28 Wallace Kelly, #40 Mike Sintikakis, #65 Barrs Floyd.

Photo courtesy of Coach William “Pop” Wagoner

Dr. King Day Celebration

The Love Center Ministries will be hosting their 2009 Martin Luther King, Jr., Holiday Celebration on Monday, January 19 at 11:00 AM at the Love & Worship Center Church located at 151-10th Street in Apalachicola.

The guest speaker will be Delwynn G. Williams, Pastor of St. John Missionary Baptist Church in Panama City, Florida, where he was called to the office of pastor in May of 2001. A native of Orlando, Florida, Williams graduated from Orlando’s Edgewater High School before attending Springfield Christian Bible Seminary in Springfield, Massachusetts where he received a Doctor of Divinity and a Bachelor of Theology. He currently serves as the President of the Bay County Chapter of the NAACP and the Southern Christian Leadership Conference. He’s also listed in the 1996 Edition of Strathmore's Who's Who Among Business Leaders and the 1987 Edition of Outstanding Young Men of America.

Love Center Ministries General Overseer and Celebration Coordinator Apostle Shirley C. White along with Senior Pastors Leonard D. & Sheila W. Martin welcome and invite the community to come out and join in the celebration of one of America’s most important figures.

For more information on the 2009 Dr. King Day Celebration, call the ministry at (850) 653-2203.

Supreme Court delivers blow to Georgia

On Monday, January 12, the U.S. Supreme Court refused to hear the State of Georgia’s petition to overrule the District Court of Appeals February 5, 2008 ruling in the ongoing water war between Florida, Alabama, and Georgia. In February, the lower court ruled that the reallocation of Lake Lanier’s storage space constituted a major operational change that had not been authorized by Congress.

Although the earlier decision by the lower court was a major ruling for the local seafood industry and the citizens of Franklin County. The U.S. Army Corps of Engineers has yet to comply with the ruling and it remains to be seen whether Monday’s inaction by the Supreme Court will carry any weight with the Corps.

However, the city of Apalachicola remains dedicated to the protection of our water resources and we refuse to relegate to others our elected duty to safeguard the livelihood of our citizens.

National Day of Service

Next Monday, January 19 is National Day of Service. It is a day that was set aside by Congress in 1994 to give each of us an opportunity to help make a difference in our communities and in the lives of others. On this day and in the spirit of service, thousands of people from across the country will be involved in volunteering for programs and projects to help shape and make a major impact in their communities.

This year the day has an even greater significance, it’s the day before the Presidential inauguration, and it falls on Dr. Martin Luther King, Jr. Day.

President-elect Barack Obama and his wife Michelle will be doing their part by volunteering to participate in community service activities and they are encouraging all Americans to join with them. The day will also equally serve as a tribute to Dr. King’s legacy by transforming the federal holiday honoring him into a national day of community service grounded in his teachings of nonviolence and social justice.

The goal is to make the holiday a day where all people regardless of age, gender, race, or religion come together to work toward building one community in order to improve the lives of everyone living within that community.

As Mayor, I encourage all Apalachicolian to take full advantage of National Day of Service by taking the initiative to get involved and volunteer to help in one of the following areas:

- Remove litter from the roadside;
- Clean up one of our beautiful parks;
- Help an underprivileged child;
- Take a senior shopping;
- Rake the yard of an elderly person;

Or any activity that may lend itself to improving the community in which we live. However, I must caution that random acts of kindness are addictive and may lead to further acts of kindness.

Stan Mayfield Working Waterfronts Grant

The Florida Communities Trust has finished their preliminary evaluation of the twelve applications submitted for funding through the Stan Mayfield Working Waterfronts Florida Forever grant. The intent of the grant is to assist coastal communities with the purchase of working waterfront properties that facilitates commercial fishing or that promote and educate the public about the economic, cultural, and historical heritage of Florida's traditional working waterfronts.

The twelve applicants including the City of Apalachicola submitted applications requesting a combined total of $28.4 million in funding, with the program only having $7.5 million available to fund requests during the 2008 funding cycle.

The city submitted an application for $1 million for the Apalachicola Boat Works, which entail’s the purchase of the Charlie Williamson property located on Water Street across from Hendels baseball field under the bridge. Out of the twelve applicants, the city received a preliminary score of 81 points and ranked number four.

The Florida Communities Trust Governing Board will now convene on January 29, to create a list for submission to the Board of Trustees at the first Cabinet meeting in February. The Trustees will make a final determination of the projects that will receive funding at that time.

Commission Report: January 6, 2009

The order of business before the Apalachicola Board of City Commissioners at their January 6 meeting including the following:

*Commissioners approved a request from Helen Tudor to remove the sidewalk in front of the Chapman House located at 82 - 6th Street in order to landscape the area. Ms. Tudor had received prior approval from the planning & zoning commission at their December 8, meeting for the landscaping portion of the project. After P&Z gave their blessings, she brought her request to remove the sidewalk before the city commission.

*Joe Taylor updated the commission on the cooperative effort to establish a local arts agency to serve the counties arts and cultural constituencies. He also requested and received approval for the agency to use the Cotton Exchange as a temporary office.

*Anita Grove reported that during the month of November the chamber office noticed a small decrease in the number of telephone calls received and unique visitors to their website. She further stated that the trend appear to be reflective of the current economic uncertainties prevailing throughout the country. She went on to report that the “Think Local First” campaign had produced some local shoppers and that the chamber will continue to spread the word concerning the importance of shopping at home. She concluded her report by stating that the area had received some good exposure from several magazines including Southern Living.

*Susan Clementson reported that the Municipal Library is serving the Apalachicola community as a whole; she stated that the days are gone when just little old ladies use the library. She informed the commission that during the month of December the library served 560 patrons, which included teenagers, young children, and citizens conducting historical research. She added that since last month’s report, the library board has written a job description for the librarian position and that the board will begin the interview process within the next few days. She also received city commission approval to use the interest accrued from the Key Estate money market fund to purchase books for the library.

*The Community Redevelopment Agency completed the writing of their bylaws in early December and presented them before the commission for approval. The Board granted unanimous approval.

*Chief Bobby Varnes reported the police department’s monthly activities to the commission. He stated that during the month of December the department received 167 calls, responded to nine traffic accidents, issued 10 traffic citations, made eight direct arrests, and issued six golf cart violations.

*City Administrator Betty Taylor-Webb presented a plan of action for use of the 21st Century Community Learning Centers Federal Grant for $344,200. Her plan called for and received board approval to hire Faye Johnson, as director over the program, Barbara Lewis as the site 3 coordinator, Janelle Paul to assist with administration, Temolynn Wintons to continue in her role at the Love Center site and the current coordinator at the Apalachicola Bay Charter School site.

A Letter of Commendation

On Saturday January 3, Sergeant John “Chet” Turner with the Apalachicola Police Department investigated a complaint of assault on a local individual by an unknown couple. An eyewitness reported that an African-American male along with a Hispanic female pulled a weapon on an individual and threatened his life.

After obtaining a statement from the eyewitness and retrieving the evidence, Sergeant Turner located and arrested both suspects and charged them with aggravated battery with a deadly weapon. After the arrest, Turner learned that the suspects were members of a South Florida gang, both of which are now in custody at the Franklin County Jail awaiting trial.

Tuner began his career in law enforcement with the City of Apalachicola on October 14, 2005, since then he has made several key arrests after conducting thorough investigations.

Because of his commitment toward the call of duty, at the January 6 city commission meeting, I read the attached letter into the public record and instructed a copy be placed in Turner’s personnel file.

Attachment: Letter of Commendation

Regular Meeting: January 6, 2009

The Apalachicola Board of City Commissioners will meet tonight at 6:00 PM for our regular scheduled monthly meeting at the Battery Park Community Center - 1 Bay Avenue - Apalachicola, Florida.

In addition to hearing reports from the various department supervisors, the commission will consider a request from J.P. Barber for grandfather status at the Scipio Creek Boat Basin and from staff to submit a revised application to the USDA for the Fire Station grant. The Board will also hear a request from Helen Tudor to remove the sidewalk in front of the Chapman House at 82 6th Street for landscaping purposes.

As always, members of the public are encouraged to attend.