Kurt, maybe you know something I don't (quite possible, by the way) but the only approval I know of that the commissioners gave for expansion of the SWMCD board was with the understanding that the question would be put to the voters in the special district as part of a county election.
From the January 27, 2009 BCC Minutes
Ms. J. Lorraine Bytell, Attorney, requested approval of a resolution (2009-10) approving the decision of the elected board of the South Walton Mosquito Control District (SWMCD) to increase the number of its commissioners from three to five. Since the SWMCD was enacted by the Board of County Commissioners (BCC) in 1964, a resolution adopted by the BCC is required to increase the number of members on the SWMCD Board. There is an additional process to follow with the Special Districts.
Commissioner Brannon questioned whether there were separate districts inside the main district. Attorney Bytell stated that the Mosquito Control District is defined by certain boundaries. The SWMCD commissioners must live inside their designated district.
Chairman Commander instructed Attorney Bytell to explain why an increase was being sought. Attorney Bytell stated that the requested increase was to insure that every meeting would have a quorum, and that the issues presented would have a majority vote. She said that the increase would not require a monetary contribution from the county.
Ms. Bonnie McQuiston stated that she understood that the SWMCB was voted on by the citizens of Walton County. She questioned why five members were needed when three has been sufficient. Attorney Bytell responded that a charter was not required when the Mosquito Control District (MCD) was formed. A request, in the form of a resolution, to increase the number is required to be presented to the BCC for approval. The approval will allow for a voters’ referendum to enact the MCD. She stated that with the recent dismissal of one of the members, the board was brought to a standstill and decisions could not be made. Attorney Bytell said that several steps had to be taken in order to receive final approval. She urged the Board to approve the resolution.
Commissioner C. Jones asked if a special election would be held. Attorney Bytell stated that it would run through the normal election cycle.
Motion by Commissioner Pridgen, second by Commissioner L. Jones, to adopt a resolution (2009-10) approving the decision of the elected board of the South Walton County Mosquito District to increase its number of commissioners from three to five. Ayes 5, Nays 0. Comander Aye, Brannon Aye, L. Jones Aye, C. Jones Aye, Pridgen Aye.
When the resolution was presented to the state a determination was made that the SWCMCD was not created by the BCC but by a referendum.( see bold text in minutes above ).
South Walton County Mosquito Control District is an Independent Special Taxing District. It was established on May 26, 1964 by referendum under Chapter 388, Florida Statutes, through the efforts of the South Walton Lions Club, and the Walton County Chamber of Commerce for the sole purpose of controlling disease-bearing arthropods and nuisance insects to improve the quality of life in beautiful South Walton County in Northwest Florida. It operates under Chapter 388, Florida Statutes and Rule 5E-13 under the Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control. These services are provided through the levying of a local ad valorem tax, and matching funds from the State of Florida.
This brought about another course of action by the SWMCD to expand its board from 3-5. And they passed a resolution increasing its size from 3-5 . The vote was 2 - 1. This resolution was then submitted to the local Supervisor of Elections. He had questions concerning the election cycle that the two new Board members would stand for election.
At yesterdays Mosquito Board meeting the boards attorney presented a proposal from the SOE to stagger the new terms with one being for a 2 year term and the second a 4 year term.
When that item was presented and discussed by the commissioners, the public was asked for comment and heard from those present.
A motion was made to rescind the expansion. It received a second and passed by a 3-0 vote.
A resolution will be presented to the BCC to rescind the flawed resolution (2009-10). The resolution is flawed because it assumed that the SWMCD was created by a resolution of the BCC in 1964 and not by the voters in the defined geographic boundaries of the SWMCD.