SNL ripe for voting change

The possibility that the Highlands County Board of County Commissioners could vote this January on an ordinance to change the number of popularly voted seats on the Sun 'n Lake of Sebring Improvement District Board of Supervisors pleased board President Bob Severino.

"The board supports it," said Severino. "A few years back we tried to do it and it was rejected by the county."

The change was rejected because of the issue of population density, he said.

There has been a longstanding dispute in the district over how Sun 'n Lake's voters should choose supervisors. The current status is there are three landowner elected seats and two popular vote elected seats.

Under the old system, during the landowner elections anyone living anywhere in the world, who owns property within the district with their assessments paid up to date, got one vote for each lot they owned.

Some residents argued that system was unfair because it gave large out-of-town landowners like National Recreational Properties Inc. the votes to sway elections in their favor based solely on the number of lots they owned.

In April commissioners substituted the one-lot, one-vote rule, in essence giving property owners with an acre or less of land one vote, according to a previous report.

Sun 'n Lake called it a violation of its equal protection rights and sued the county.

Popular vote seats are chosen by people with their assessments paid up to date who live in the district and are registered voters in Highlands County.

The district office began receiving many complaints over this change, prompting a lawsuit against the county, said Severino.

The county commission met with the board of supervisors and concerned citizens looking for a way to avoid litigation.

A committee was formed that made a recommendation to the board, which passed it on to the county commission, said Dick Miller, a Sun 'n Lake resident who has run for a landowner seat and lost. He felt this is a good compromise.

"I'm pleased," he said. "I think it represents the best deal for the various factions out here. The residents have wanted a third popular seat for a long time. The one dollar, one vote is not a great deal but it offers an opportunity for everybody in the community to contest for a landowner seat."

Severino gave Highlands County Attorney Ross Macbeth credit for coming up with a plan that would give landowners a vote for each dollar they paid in operation and maintenance (O and M) assessments to the district.

As a compromise solution and one he said was "fair and reasonable," Macbeth recommended that the county consider every dollar of O and M assessment paid as one vote.

For example, if a property owner paid $703 in O and M assessments to the district, they would get 703 votes. If they own two like properties they get 1,406 votes.

Macbeth reasoned that Sun 'n Lake has a complex system of assessments, one that spans from 32 to 40 categories, and the only thing common among all the assessments was the dollar factor.

The dollars they pay to the county in ad valorem taxes would not be counted for voting purposes, nor would assessments on property improvement bonds. Those with unpaid 2008 assessments would not get a vote in the next election either.

"It cancels out the density issue," said Severino. "So we're able to transfer that third seat to the people."

"The lawsuit will be resolved through this effort if it goes through," said Severino.

That's right, said District Manager Al Grieshaber.

The next election for the landowner seat held by Severino will be held on Jan. 22. Assuming the commission approves the ordinance at its Jan. 5 meeting, the election would be based on the operating and maintenance assessments paid up for 2008.

If the board of commissioners does not approve the ordinance, the election would be held in the manner decided by the commission in April, and the lawsuit would in all likelihood continue until a judge decides.

Supervisor Frank Guglielmi said he has no problem with the district going to three popular seats and two landowner seats, even though he felt the Florida statutes as they apply to the district should be rewritten.

"I feel the landowners should have a seat that doesn't go away until we are 90 percent populated," he said. "The board has the best interest of the community at heart because they all live in the community."

The next election in January of 2011 would be for the landowner seat of Bud Puffenberger. That seat could actually be contested sooner, possibly as soon as the primary election in August, as a popular vote seat, according to Miller.

"We save a lot of money if we conduct our elections in concert with (Highlands County Supervisor of Elections) Joe Campbell's office," said Miller.