Regular Meeting - August 14, 1975 The Board of County Commissioners of Santa Rosa County, Florida, met in regular session on the above date with the following members present: Chairman Butler, Vice Chairman Payne and mambers Lewis, Godwin and Smith. The Attorney and Deputy Clerk were also present. The meeting was called to order at 9:00 A.M. CDT by Chairman Butler and opened with prayer by Rev. Fred Johnson. The audience joined the Board in the pledge of allegiance to the flag. Mr. Gasper with the Department of Transportation met with the Board to obtain approval of a map desgnating and establishing an urban area for Milton. Since the designated area includes areas outside the Milton City Limits it is necessary for the Board to approve it. It was felt that sufficient information was not available for the Board to act, and Payne moved the matter be tabled for further information, which was seconded by Lewis and carried by unanimous vote. Mr. Gasper said additional information would be furnished by the DOT. Mrs. Christie met with the Board in another effort to acquire approval for, the purchase of a new bookmobile. She said the old vehicle is not in use now and the library would not be able to provide service unless a new one is purchased. This item has been deleted from the budget due to limited funds and the fact that it was felt the bookmobile could be repaired and used for another year. After some discussion, the Board authorized the shop to repair the bookmobile, and agreed to consider a new one in next years budget from Federal Revenue Sharing Funds. Mr. J. W. Hawkins met with the Board concerning a contribution for the Association of Retarded Children. He said they need someone to set up guidelines, rules and bookkeeping system, such as an Administrator. The Board suggested that perhaps this is a school function and he should contact the School Board. Mr. Hawkins said these are children who do not qualify for a retarded school and they are trying to start a workshop for those in this catagory. Since the Board did not know if the law provided for this type participation, Attorney Johnson was asked to review the law and render an opinion. Mr. Johnson said he would be glad to do this as soon as additional information is furnished to him such as whether or not the association is incorporated, how is it, funded, who owns the land and buildings, etc., and suggested Mr. Hawkins come to his office for a conference. Mr. Jim Mallet, Engineer representing Mr. Browder, who is the Developer of Pine Glades Subdivision, made a recommendation to the Board for a permanent solution to the water problem. He had prepared drawings which he explained and which provided for permanent easements across private property to drain the water from the subdivision to Pine Street. He also suggested as a temporary solution the ditch along pine glades and pine street be deepened. Another problem is created by an 1811 and 2411 drainage pipe emptying into a 1511 pipe. Lewis asked Attorney Johnson for an opinion as to whether or not the County would be authorized to go onto private property and Sssist people in cases of emergency such as the excessive rain has created. Mr. Johnson answered no and elaborated. After much discussion, it was determined that it would be the responsibility of the Developer and/or the property owners to get the water to Pine Street and the County would have the responsibility of getting it from there to S-191 for final disposition. Mr. James F. Lee, Library Board Member from Gulf Breeze, represented the Friends of the Library in Gulf Breeze and expressed appreciation for the new library. Now he said they need additional books, reference books and encyclopaedias, and in an effort to acquire this material they have been able to get $1,500. donated from individuals, $600 from Civic Clubs and a committment from the City Council for $2,000. Now they are requesting the Board of County Commissioners to match that with $4,000 for a total of $8,100. After some discussion, it was noted that the Board has not finalized the budget for the 75-76 fiscal year, but at this time it could not act favorably on the request. Godwin suggested no committment be made now, but it be left open and look at it later in the year and make a contribution if possible. The Board agreed. Mr. Willie Carr discussed a water problem on his property which he says was caused by the county when a road was constructed and the ditches closed. This causes water to back up on his and his neighbors property. This is in District #4 and located in the Forest. Much discussion was had on the problem and he was referred to the Forestry Department. It was noted that approximately $100,000 h-- been collected from the sale of timber with the total amount going to the School Board for school purposes and nothing allocated for road maintenance. Mr. Carr also mentioned that canoe unloading in the road has created a safety hazard - they have signs posted no parking on road, however, they are ignored. Lewis said he would talk to the Sheriff and Park Rangers about patrolling the area more frequently. Lewis moved approval of a resolution to unify the county road forces to work in the Districts with the most damage caused by recent heavy rain until the roads are repdired to a state so the people can get in and out and the roads are safe to travel, and all employees go on a 10 hour a day x l day work week until the problems are resolved. It was noted that the districts with the most damage is # 3-&s4;, however, Godwin said he had most of his roads passable and his men had been working 10 hours a day and sometime more. The motion died for lack of a second. Mr. James Hinote discussed with the Board a water problem on the roadi into his property, and said he couldnt get in and out due to the excess rain over the past 21 days. This is in District #4 and Lewis said he cant do anything until it dries up where the equipment can get in to work on it without bogging down. He assured Mr. Hinote it will be taken care of just as soon as possible. Mr. Bean presented for approval of the Board two change orders-one on the new administrative center and one on the new library in Gulf Breeze. The one for the Administrative Center was change Order No. I and added the Civil Defense Office, including required insulation, desk, soundproof door, electrical and hook-up for radio tower. Gulf Power Hook-up, Telephone & Power requirements, including required manholes and underground conduit, addition of a sump pump and drain pipe for a total increase of $41,699.00. The utility site plan was revised, including the septic tank and field drain which reduced the total bid in the ,amount of $1,411. for a total change order increase of $40,288. bringing the total contract price to $732,008. Godwin moved approval, which was seconded by Smith and carried by majority vote with Payne against, stating that he felt the cost could be cut by deleting such unnecessary items as the sound proof door. The one for the Gulf Breeze Library was change Order No. 2 and was brought about by requirements of the Building Code in the City, which required a 400 amp main breaker in the main panel and substitute 500 MCM copper THW for a total increase of $1,601.33. Payne moved approval, which was seconded by Lewis and carried by unanimous vote. The next item on the agenda was the bids for the ditching machine, four 5000 diesel tractors and four rotary cutters, and construction of a bathroom with facilities and repair to the cooler at the Allentown Canning Plant. Bids for the ditching machine were received from Leary and iowens Equipment Company &Tractor and Equipment Company. Before the bids were opened it was determined that the approved specifications called for a machine with an elbow when the county needs one with an extending arm instead. The extending arm will be best suited to the work it is intended for. After some discussion, Lewis moved the bids be rejected and returned unopened to the bidders, specifications be prepared for an extending arml in lieu of the elbow and call for bids again. Godwin seconded the motion and it carried by majority vote with Godwin, Lewis and Butler in favor and Payne and Smith against. Payne said while the county does have need for an extending arm, it very definitely has a need for the machine with the elbow. Bids for the Tractors and rotbiry cutters. Bids were received from Tieco Gulf Coast, Inc. Pensacola, Smith Tractor Co., Inc., Jay, Fla. Smith moved the bids be tabled for tabulation, which was seconded by Payne and carried by unanimous vote. Only one bid was received for construction of the bathroom and repairing the cooler at the Allentown Canning Plant, and it was from Sandifer & Sons Construction Company in the amount of $2,450. After some discussion, and it appearing to be a reasonable bid, Lewis moved the bid be awarded to ISandifer & Sons, which was seconded by Payne and carried by unanimous vote. Dr. Joe Edmisten reported on the possibility of using the Bagdad Borrow Pit for a proposed landfill site and suggested this site be rejected as a possible site and continue to use the present location. He said he has made no further contact with residents involved in this site, but would contact them and the Avalon Beach Water System concerning complying with the requirements of DPC if it is the desire of the Board. Smith moved Dr. Edmisten be authorized to contact the residents and the water system and report his findings and recommendations to the Board as soon as possible. Lewis seconded the motion and it carried by unanimous vote. Dr. Edmisten also reported on the Pace Landfill and advised that the present life of that location is approximately 1 to 1-1/2 years due to the limited cover material. To continue use of this site will require additional material. Butler said he has contacted St. Regis to determine the possibility of acquiring some property, but it does not join the county property. He also discussed with Grover Robinson, who is handling the Robinson Estate and he agreed to discuss this possibility with the others involved and get with Attorney Johnson if they are favorable to selling some of the property they own, which does join the county property. Butler suggested since the Bagdad Site cannot be used for a landfill, the dozer work there cleaning it up every time it is not busy somewhere else and the county consider it as a county-widei recreation area. The next item on the agenda was the opinion from Attorney Johnson as to whether or not the Board of County Commissioners has the authority to create a beer district, and Attorney Johnson ruled that the Board does have the authority to create a beer district outside the corporate limits of Jay, Milton and Gulf Breeze. Smith said he still feels the same as when this issue first came up, he cannot go along with the sale of beer on Sunday and moved the petition be denied. Payne seconded the motion and it carried by unanimous vote. Butler noted the wheelchair ramp at the front entrance to the courthouse is complete, is a very nice job and has been dedicated. He entertained a motion that the City of Milton be requested to designate three spaces at the ramp on the highway, two foir parking and one for unloading. Godwin made the motion, which was seconded by Payne and carried by unanimous vote. Mr. Alton Harris met with the Board concerning the Three Rivers Project. The work plan has been reviewed and approved by all other agencies and now requires approval of the Board. Godwin moved this Board, as sponsors of the Three Rivers Resource Conservation and Development Project, sign a memorandlin of agreement between the RC&D Sponsors and the West Florida Regional Planning Council, which was seconded by Smith and carried by unanimous vote. Mr. Harris said the projected date funds will be available is September, 1975. Payne moved approval of the surety for the following bonds, which was seconded by Payne and carried by unanimous vote. 1. Richard Smith Auxiliary Deputy Sheriff $1,000. Reserve Insurance Company Godwin moved approval of the travel expense for Mr. I. B. Lewis and Mr. T. D. Salter to attend the Florida Association of Conservation District Supervisors Annual Convention in Cyprus Gardens, Florida on August 20, 21 and 22, 1975. Mr. Lewis is Chairman and Mr. Salter is Vice Chairman of the Blackwater Soil and Water Conservation District. Payne seconded the motion and it carried by unanimous vote. It was called to the attention of the Board that the terms of the members of the Manpower Planning Advisory Board will expire in November and the Office of Manpower Plafining has asked that three names be submitted for consideration by the Governor. Godwin said he feels the present members have done an outstanding job and moved they be recommended for re-appointment, which was seconded by Payne and carried by unanimous vote. These are (1) Commissioner Robert Smith (2)John Temple (3)Nadine C. Griswold. Lewis brought up for discussion the specific duties set out by the Board for Lamar Shelton and noted specifically one of the items not included in his duties which read Patrolling the, garbage dumps is not your duty, necessary checking on these locations is the responsibility of Mr. Pooley. Lewis said he felt this should be changed and moved it be amended to read Patrolling the garbage dumps is not your duty. However, you will make periodic checks of landfill sites when requested to do so by Mr. Pooley or a Commissioner. Regular checking on these locations is the responsibility of Mr. Pooley Payne seconded the motion and it carried by unanimous vote. Lewis called to the attention of the Board a water problem on a portion of the Manning Creek Road and moved approximately 1000 feet of the road be relocated on higher ground. He said Mr. Adams has agreed to donate additional right of way for this project is the county will have the survey made and the deed prepared. Payne seconded the motion and it carried by unanimous vote. It was noted that approval for the survey is necessary, and Lewis moved approval for Gulf Coast Surveying to make the survey and prepared the deed, which was seconded by Payne and carried by unanimous vote. Smith noted the outstanding job the Pensacola Optimist Club is doing with the youth of our area. Volunteers spend many hours planning and supervising activities for the young people. At the present time they have 68 teams consisting of approximately 2,000 boys ages 9-15, Smith said he felt they deserve some recognition and moved approval of a resolution of appreciation, which was seconded by Lewis and carried by unanimous vote. Butler called to the attention of the Board that Mr. Al Levy, Executive Director of Escambia County had called him to make us aware that the inmates at Camp S had volunteered their services to help Santa Rosa County during this time of disaster caused by recent rainfall. He said this will be after regular working hours and Mr. Lewis Turman, who is the Supervisor, has also volunteered his time to guard and supervise the men. Butler recommended the Board accept the offer; however, Attorney Johnson suggested that some kind of agreement should be worked out between the Escambia County Board of Commissioners and the Santa Rosa Commissioners first since these prisoners come under the Commissioners. Mr. Johnson said he was not questioning Mr. Levys authority to make this committment; however, there was some question in his mind as to the legality and scope, and he would like additional information before proceeding. Butler entertained a motion for approval for any Commissioner to rent a distributor as needed until the flood damage is completed so long as it does not run more than $50.00 per day. Lewis made the motion, which was seconded by Payne and carried by unanimous vote. It was also decided that the cost would be paid from the district renting the equipment. Mr. John Broxson, President of Forest Lawn of Santa Rosa, Inc., requested that the county construct drainage facilities to alleviate a water problem in Santa Rosa Ranchettes Subdivision. He also agreed to dedicate a fifteen foot easement for this facility. It was noted that the water problem is on private property over which the Commissioners have no jurisdiction or responsibility-Attorney Johnson ruled that this is not a problem for the County, it is unfortunate that problem exists; however it is not within the jurisdiction of the Board of County Commissioners. The Board requested that Mr. Johnson write a letter to Mr. Broxson explaining the matter. Mr. Marble gave a report on the progress and remaining problems caused by excessive rainfall. He reported good cooperation and assistance in efforts to give at least temporary relief. The damage is extensive and it will be a long time before permanent solutions can be worked out - some problems may never have a permanent solution, but all in all we are very fortunate that the damage is no worse than it is now. The Board expressed appreciation to Mr. Marble for his efforts and commended him on the job he has done. The Board also expressed its appreciation to all the volunteers who assisted, and for the combined effort to give assistance in time of need. It was noted that the bids for the tractors and bush hogs have been tabulated with Smith Tractor Company the apparent low bidder meeting specifications for a total bid of $36,396. for the four tractors and 4 bush hogs. Smith moved the bid be awarded to Smith Tractor Company as the lowest and best bid meeting specifications, which was seconded by Payne and carried by unanimous vote. A designation and agreement of county depository for the First National Bank of Winter Garden was approved by the Board of County Commissioners. This agreement is required for any and all banks where county funds are deposited in order for the Comptrollers Office to be sure that sufficient collateral is pledged. The Committee on Growth and Energy submitted for the information of the Board a booklet containing a summary of the Local Government Comprehensive Planning Act of 1975, which mandates that all units of local government prepare and adopt comprehensive plans dealing with the issues of growth by July 1, 1979. Mr. J. W. Godwin requested approval to move the center location of the new pier at Oriole Beach approximately fifteen feet due to difficulties created by broken off piling left from the old pier and holes left by removal of some old piling. Godwin moved approval, which was seconded by Payne and carried by unanimous vote. The direction to which the pier would be moved was left to the discretion of Mr. J. W. Godwin, Northwest Florida Marine Construction Company. The agreement for improvements at the Milton T Field Airport between the Board of County Commissioners and Barrett Daffin and Figg had been prepared and submitted to the Board for approval. Godwin moved it be referred to Attorney Johnson for review and comment before approval, which was seconded by Payne and carried by unanimous vote. Payne moved approval of Budget Amendment #4 for the Mosquito Control State 2 Funds, which was seconded by Smith and carried by unanimous vote. This amendment was brought about by an, increase in percentage participation, and increases the budget by $1,429.67. The Department of Tramsportation advised that the Mays Meter run on SR 191 has been completed and the results are as follows: OLD NEW Milton City Limits to Bridge 43A 58 53 Bridge 43A to Juniper Creek 65 so Juniper Creek to Munson 72 63 Mr. Elmer Hawsey had been appointed to serve on the Indigent Committee as a representative from the Jay area; but Mr. Hawsey advised he would not be able to serve, and Mr. Arlie Nowling was appointed to replace him. Next on the agenda was the item of redistricting. Attorney Johnson had been requested to render an opinion on the question of redistricting the county into five districts during 1975. Mr. Johnson made available to each member of the Board a copy of a written opinion on the matter, and read it in its entirety. OPINION FOLLOWS: TO: Santa Rosa County Board of County Commissioners FROM: A. L. Johnson, County Attorney MEMORANDUM RELATING TO THE QUESTION OF REDISTRICTING THE COUNTY INTO FIVE DISTRICTS AS PROVIDED BY ARTICLE 8, SECTION I OF THE 1968 CONSTITUTION AND SECTION 124.01(3) OF FLORIDA LAWS, VOLUME 26A. At your request, I beg to advise that I have analyzed all pertinent matters available for the purpose of arriving at an opinion based upon available information regarding the feasibility of the Board of County Commissioners redistricting the County in five Commissioner districts during the year 1975 and wish to state: 1. That in the year 1974, a petition was filed by a number of residents of Santa Rosa County, Florida, in the Circuit Court of Santa Rosa County, Florida, seeking a writ of mandamus directing the Board of County Commissioners to make a survey and redistrict the County of Santa Rosa, in which said allegations were made by way of estimation that there were as many as 10,000 people in Gulf Breeze area along and that the entire population of the County had increased, but the portion of the Gulf Breeze area had increased faster than any other area. There were no facts to substantiate the allegations; consequently the court dismissed the cause of action, thereby denying the petitioners the right to require the Board of County Commissioners to redistrict. 2. Redistricting is predicated upon two governing laws. First is Article 8, Section 1of the 1968 Constitution which reads as follows: 11(e) Commissioners. Except when otherwise provided by county charter, the governing body of each county shall be a board of county commissioners composed of five members serving staggered terms of four years. After each decennial census the board of county commissioners shall divide the county into districts of contiguous territory as nearly equal in population as practicable. One commissioner residing in each district shall be elected by the electors of the county. Second, 124.01, Florida Statutes, which reads as follows: 11(3) The board of county commissioners shall from time to time, fix the boundaries of the five districts so as to keep them as nearly equal in proportion to population as possible; provided, that changes made in the boundaries of county commissioner districts pursuant to this section shall be made only in odd-numbered years 3. A sufficient description of the area of Santa Rosa County is as follows: That area lying East of Escambia River and West of the East line of Range 26 and bordered on the North by the State of Alabama and on the South by the shores of Santa Rosa Sound. ALSO: That part of Santa Rosa Island and Santa Rosa Sound comprising a right of way of a bridge from the mainland of Santa Rosa County near Navarre to Santa Rosa Island said right of way being two hundred (200) feet wide plus such additional width as may be required for fills and other construction and a road right of way on Santa Rosa Island one hundred twenty (120) feet wide running from the West line of Section 27 in Township 2 South, Range 26 West, Westerly to the West line of Section 36, Township 2 South, Range 27 West on the island, and that part of Santa Rosa Island lying between a line dividing ranges 25 and 26 West and a parallel line exactly three miles West of such range line, together with adjacent waters, is hereby included in Santa Rosa County; provided that Santa Rosa and Escambia Counties shall have concurrent jurisdiction of offenses committed in that area of the island comprising the road right of way. COMMENTS: 1. You will also recall that in the year 1971 following the last decennial census as required by law, the County Commissioners of Santa Rosa County, Florida, divided the County into five (5) districts, under which said system and districts the County is presently operating, 2. The County employed Plantec for the purpose of furnishing the County with sufficient reliable data upon which the County could base an opinion as to whether or not there was any real reason for a redistriction of the County into five (5) districts, by changing the boundary lines of the said districts for whatever purpose the Board might figure would justify the change. 3. I have had an opportunity to study this work as prepared by Plantec and have gone beyond the report and gained information from citizens of Santa Rosa County, Florida, including people who were knowledgeable of the event Plantec used in the accumulation of the data upon which it based its decision. 4. There is no indication that Plantec went beyond the casual undertaking to ascertain the data by any means beyond that set forth in its report to you which seems to be based primarily upon help given to the company by local electric utility comparnies and it is shown on a page in the back of the booklet under the heading Investigation as follows: That the investigation for the Board required the determination of the population of Santa Rosa County during April, 1975. In calculating the population of Santa Rosa County for April, 1975, Plantec Corporation, in cooperation with the specific electric distribution offices listed below, completed a detailed electric meter field survey. The assisting offices were: (1) Gulf Power Company, Milton, Florida; (2 )Gulf Power Company, Pensacola, Florida; (3) Escambia River Cooperative, Jay, Florida; (4) Choctawhatchee Electric Cooperative, DeFuniak Springs, Florida. Plantec related that they used the meter routes in counting the meters and then compared them with the meters existing for 1960 and 1970 and came up with an arbitrary figure of the number of households in Santa Rosa County, Florida, and the average number of people in each house- hold. Finally, the detailed population by meter route was aggregated into three (3) alternative five county commission plans as defined by Florida Statutes. The summaries of the plans and the tables are set forth in the booklet. 5. In further commenting on the matter, I wish to say that the number of meters installed in any particular unit does not necessarily furnish a definite predicate for the number of le using the facilities. Some people have more than one meter upon their premises for peop various reasons and I am well acquainted with factual situations in this County where there are no meters for water and the volume of water is estimated for a number of units such as trailers in the area as well as houses and, therefore, the use of the utility facilities does not furnish sufficient basis for the determination of the population of the County. 6. In fact, I advised you before you embarked upon the effort to ascertain a population of this County that could be used as guidelines, that you had to have more than a mere gathering together of statistics based uponutilities and other factors furnished by private and governmental organizations and that it would almost necessitate a head count of each individual in the county. 7. It is further amazing to me that on all three of the plans submitted that Plantec included in said area the controversial Navarre Beach Administration which is in controversey as to 25 or 30 children who are coming into Santa Rosa County, Florida, schools and Santa Rosa County is not getting the benefit of ad valorem taxes, but also due to the controversial ad valorem taxes as well as the leaseholders having to pay leases, that Plantec included said area which constitutes a strip of land approximating four (4) miles in length and anywhere from 1/4 to 1/2 mile in width and approximately 600 to 700 acres of land. This should not have been done. This area is in Escambia County and not in Santa Rosa County, with the exception of a narrow strip of highway which is 120 feet in width from the East end to the West end and which is used for right of way purposes and no one lives thereon as a resident. There is a bridge fact that is also in Santa Rosa County, but no one lives on the bridge area. It is a little wider than the highway. I do not know how many meters were counted and included in the aggregate, and in the estimation of the population of this County that are situated and located upon Navarre Beach area, but whatever number it was, should never have been included and it leaves you with a matter of conjecture as to what is really the situation in that particular area. 8. The general change of the overall districts is the entire five districts do not materially change the area and it is rather difficult to determine that there has actually been a slight shift in the population for instance of districts 1 and 3, as well as district 4 during the period from 1971 until 1975. (a) In the Jay-Milton area, the population in 1971 was 7,438 which came as far South as the North line of the old Spencer Field Navy Airport out near pace whereas Plan 1 of Plantec has moved the boundary line Northward to include about three sections in the area of property and yet they have shown an increase up to 10,184 people in this particular rural area, or a difference of 2,746 people. This is an increase of approximately twenty five percent (25%). (b) In the Gulf Breeze area, the population in 1971 was 7,719, whereas Plan I of Plantec shows an increase up to 9,345 people, or a difference of 1,626 people. This increase is very minimal and excludes a part of Harold and an area lying South of the Hickory Hammock Church Road. 9. This pattern of procedure seems to be rather minimal when you compare the existing boundary lines of the various five districts with those of the newly proposed districts. OPEN FACTS RELATING TO REDISTRICTING: 1. There has been a number of decisions of the Supreme Court of Florida on this particular matter and we find in the case of State ex rel Schweitzer v. Turner. 19 So. 2d 832, that the court stated that where a suit in mandamus has b ga nst the Board of County Commissioners for the purpose of requiring that the Board redistrict, the court has said that in such instances the law confers discretionary administrative authority upon the officials or boards and makes the exercise of such discretion a prerequisite to action taken, such action will not be controlled by mandamus unless discretion conferred is baused and illegally violates the rights of complaining parties. It does not appear that the present district violates any of the rights of private parties, but might well result in what has been inferred in the previous mandamus suit and in an argument to this board that gerrymandering had been in operation. It has reference to the fact that by commiting an act of gerrymandering one of the county Commissioners may be removed from an existing district. 2. In the present situation, there are circumstances which justify the retaining of the present districts in their present status which are applicagle mainly due to the fact that certain areas of the County are agricultural, others appertain to the growing of trees for forestry, to-wit; Blackwater Forest area, others are semi-indistrual and others are residential and trade areas. These factors may well be taken into consideration by the Board in determining the matter of redistricting. 3. In R nty ss ionerie 2, which n;rC is s 11 al vs State ex rel, Pord, 60 So 2d 188, decided in 195 a shah d7zued acnodmfind the law and that it has been changed, had a situation in Volusia County where the board redistricted in about 1952 as follows: District I - Population 19,2S9 District 2 - Population 13,257 District 3 - Population 12,686 District 4 - Population 15,501 District 5 - Population 13,011 In this case, the late Justice Glen Terrell, was known for his wise decisions and was honored first as a country school teacher and last as Judge of the Supreme Court of the State of Florida wrote the decision and in that decision he stated:The dominant purpose of Section 5, Article Viii (which is presently Section I of Article VIII of the 1968 Constitution), is equality of re- presentation as near as can be attained within a reasonable range of discretion. It is not required that the Districts must be equal in population. After consideration of the elements shown to have been brought into play in this case, we cannot say that the County Commissioners abused their discretion. There was approximate equality of representation in four of the districts and, while there is variance as to the other, some good reasons are shown for it. The reasons, although not recited in this case, were in the head notes and were as follows: Under constitutional provision requiring county board to divide county into five districts, numbered 1 to S, inclusive, and being as nearly as possible equal in proportion to population, when one ion of the county was predominantly agricultural, and other four had as their dominant in- port terest the tourist trade, with population in the latter four undergoing more rapid increase than the agricultural district, separation of districts in accordance with dissimilarity of interests was not an abuse of discretion, even though agricultural district had resultantly larger population i than did the other four. 4. Therefore, I wish to emphasize, that you have a somewhat similar situation in that you have an agricultural section in the Northwest Quarter of the County, you have a Forestry Department in the Northeast Quarter of the County, you have a business, industrial and residential area in the mid-section of the County and you have a residential and tourist area in the Southern part of the County. Therefore, in conclusion, I wish to state that it appears that whatever your decision may be in this particular case, based upon your sound judgment and discretion, will be the proper decision to make and that it will be recognized by any tribunal reviewing the same. After some discussion, Payne moved all three proposals be rejected and the Board continue with the present district lines, the figures shown by the survey by Plantec are only estimates and it has not been shown that redistricting is warranted. Lewis seconded the motion and it carried by majority vote with Payne, Lewis and ,Godwin in favor, Smith against and Butler not voting. Smith said he had supported redistricting during his campaign and still supported it. The Chairman appointed the following members to the Tax Adjustment Board: 1. Commissioner Smith, Chairman 2. Commissioner Lewis 3. Commissioner Godwin Two members will be appointed from the School Board. A request for the county to accept for maintenance the streets in Highland Subdivision was tabled for inspection of Engineer Peden and Commissioner Smith. Godwin moved approval of the following welfare donation, direct relief, which was seconded by Smith and carried by unanimous vote. (1) Forest Monroe Dozier $25.00 Godwin moved approval of a letter to Watkins, Morrow & Co., Inc. requesting a written report on the status of the oil severance tax bonds, which was seconded by Smith and carried by unanimous vote. The Personnel Committee reported that it had met with James Thurman concerning the incident at the Holley landfill when he refused to load the trucks. The Committee had heard from both sides and recommended the dismissal stand, insubordination cannot and will not be tolerated. Pay-.- moved approval of the Committees recommendation, and Mr. Thurman be notified in writing that the charges were upheld and his dismissal will stand, unless he wishes to appeal the decision and have a hearing before the entire Board. Smith seconded the motion and it carried by unanimous vote. Smith moved approval of the expense of Commissioner Godwin to attend the Agriculture Committee meeting in Kissimmee on August 16, and Chairman Butler to attend the Ways and Means Committee meeting in Orlando on September 5, 1975. Payne seconded the motion and it carried by unanimous vote. Mr. Pooley advised the Board that Richard Radford had terminated his employment with Mosquito Control, and he had a vacancy for a fog truck operator. Smith moved Harold Barnhill be employed to replace Radford, which was seconded by Godwin and carried by unanimous vote. The Deputy Clerk was also instructed to send out memorandums to employees for a replacement for James Thurman. The Commissioners had made an on-site inspection of the bad curve in the extension of Glover Lane, determined that it was a safety hazard and should be eliminated. Mr. Gilbert Broyles had been contacted and.agreed to sell the necessary right of way to straighten the curve for $5,Soo. It was determined that this would be far less expensive than going to court, and would also save time in the completion of the road. After some discussion, Smith moved approval of the purchase, which was seconded by Godwin and carried by unanimous vote. Godwin moved approval of the budget for the fiscal year beginning Oct. l, 1975 and ending September 30, 1976, broken down as follows: General Revenue Fund $5,725,416.05; Road and Bridge Fund $2,269,000.00; Capital Outlay Fund $SOO,000.00; Courthouse Bond I & S $93,110.63; Federal Revenue Sharing Account $594,635.00. Total millage levied is 3.25, broken down as follows: General Revenue Fund 2.30 Mills; Road and Bridge .20 Mill; Courthouse Bond I & S .20 Mill; Hospital Maintenance .28 Mill; Public Health .27 Mills. It was also noted that the total assessed valuation is $827,510,415. with $ 495,822,847.00 in litigation, and millage was levied on $ 331,687,578.00. Also approval of the Supplemental Budget for the fiscal year ending September 30, 1975 as presented with a public hearing scheduled for both budgets on September 11, 1975. Smith seconded the motion and it carried by unanimous vote. There being no further business to come before the Board at this time the meeting adjourned.
Posted on: Thu, 14 Aug 2014 23:00:01 +0000
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