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Published: March 13, 2008
Updated: 03/14/2008 04:32 pm
Correction
In the story, "Who Should Hold Power On the Board," Sun'N Lake of Sebring resident Dick Miller was misquoted about population estimates.
Miller actually said there are 6,200 year-round citizens, and another 2,000 winter residents.
Highlands Today regrets the error.
SUN N' LAKE — When Sun'N Lake of Sebring was created by Highlands County in 1974, clear rules were established about how the improvement district would elect its board of supervisors.
Apparently, the law isn't lucid enough, because now there's a fight between landowners and residents, about which deserves more seats on the five-member board.
The landowners currently have three, and two are popularly elected. Resident Dick Miller, a former urban planner, thinks four supervisors should be elected by people who live in the subdivision between Sebring and Avon Park.
Drawn into the struggle are County Engineer Ramon Gavarrete and District Engineer Dale Polston. Each has prepared maps of the district, which should have settled the question, but the engineers came to different conclusions.
Florida law requires the district engineer to prepare maps that count the population and the unimproved lots every five years. Polston did that, but resident Dick Miller, a former urban planner, objected to it.
So Al Greishaber Jr., general manager of the district, asked Gavarrete on Jan. 30 to prepare four maps. Gavarrete submitted his work on Feb. 28.
The maps contain four methods of determining how many supervisors should be elected by landowners, and how many should be elected by residents.
The problem is centered on the one-man, one-vote principal. Each lot owner gets a vote, and National Recreational Properties Inc. of Irvine, Calif. owns thousands of lots. Other groups own hundreds, and thus are able to elect three out of five supervisors, and control the board membership.
Possible Litigation
After looking at Gavarrete's maps, Greishaber contacted the district's lawyer, Terry Lewis.
"The county engineer appears to use the population data and treat the district as a whole, while the district engineer used each unit individually," Greishaber wrote to Lewis. "We may be in for litigation."
Miller, in an interview last week, drew the same conclusion. "If the landowners reject this, then we go to court."
Greishaber asked if Lewis would represent the board if a challenge was filed, if the county commissioners could overturn the Sun'N Lake supervisors, if the county can revoke the charter and take over the district, and if the county can change the charter and require all the supervisors to be popularly elected.
"If those questions are asked to me by the board, I've got to answer," the general manager reasoned.
In a letter to the editor, published March 11, Miller asked why Greishaber presumed to call Lewis for help, and why the general manager assumed there would be a lawsuit. In the interview, Miller assumed it meant Greishaber was predisposed to the side of the landowners, who elected the board members which hire the general manager.
Methodology
Actually, Greishaber said, in his professional experience, when engineers look at the same data, they look for commonality.
"They throw out the high, they throw out the low, and take the position of that both engineers agreed on," Greishaber said.
Miller thinks the Sun'N Lake population is 4,200 in the summers, and 6,200 in the winters.
"I would hope it's higher," Greishaber said, pointing out that there are 3,300 working water meters. He multiplies that number by an average of 2.4 residents per household to come up with 7,920. Gavarrete counts 3,559 households, and says the U.S. Census determined 2.3 persons live in each household, but that 1.79 residents "is reflective of the seasonal or part-time residential pattern of the county."
Landowners are eligible to vote if they've paid their current county taxes and Sun'N Lake assessments; residents are eligible if they are residents of the U.S. and Highlands County and their assessments are current, Greishaber summarized.
But no matter which method determines how supervisors are elected, either landowners or residents will be disenfranchised, Greishaber concluded.
The board of supervisors is meeting today, but Greishaber promised the issue won't be discussed until March 28.
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