Pensacola News Journal from Pensacola, Florida • 1

MP 5 Pi a or Monday, August 4, 1 975 easeholders ales ax AV" May Sue Over Lein and we intend at this time to sue him for damages," he said. He said each suit will probably be for more than 150,000 the amount for which Gibbs is bonded. I Iowton explained that by selling tax certificates on the delinquent assessments, it hurts the leaseholders' credit, damages their character and adds complicated technicialities that would "could the lease chain." "It's a real, rotten shame that we've got elected officials that act so irrespon-sibily," he said. "He's (Gibbs) in a very dubious positioa" Howton said he is not certain at this time how many leaseholders will file suit against Gibbs, but estimated that some 750 leaseholders may be affected by the tax certificate sales. By CAROLYN COX Journal Start Writer As many as 100 Navarre and Pen-sacola Beach leaseholders may file suit against Escambia County Tax Collector E.

J. Gibbs Jr. as an outgrowth of tax certificate sales on their delinquent but contested property tax payments. Harry Howton, chairman of the Navarre Beach Leaseholders Association, said Sunday his group will meet with attorneys today and Tuesday to discuss the prospects of filing such lawsuits. He predicted the leaseholders would ask for an amount in excess of $150,000 in damages should court action be pursued.

The leaseholders, bolstered by an opinion from the Florida Department of Revenue, claim Gibbs acted illegally in selling tax certificates on their delinquent tax payments. The leaseholders have been protesting ad valorem taxes assessed against them. Howton said Florida Statute 196.199 says taxes against ajeasehold cannot become a lien against the property. If a tax payment is delinquent, the county may create a lien on any other property the leaseholder owns in the same county. If the taxpayer does not own any other property in the county, officials have the option of pressing legal action against him, Howton said.

The law further states that no certificate can be sold on property owned by any governmental unit leased by a nongovernmental party. Santa Rosa Island, on which both areas are located, is government owned property. A letter from the Florida Department of Revenue was mailed to Gibbs Friday confirming the illegality of selling tax certificates' to the delinquent leasehold tax payments. The letter was signed by William R. Cave, director of the Division of Ad Valorem Tax.

It is the position of the department that a lien for taxes does not attach to the leasehold interest or the property itself, but becomes a debt of the individual owning such leasehold interest during the tax year in question; and the payment of the taxes is the responsibility of such individual," Cave wrote. study it and consult our attorney," Donnelly said. The tax collector's office is represented by the Pensacola law firm Beggs, Lane, Daniel, Gaines Davis. In reaction to Cave's letter, Howton said, "Frankly, it vindicates what we've been trying to tell Mr. Gibbs not only myself, but other people for the last three months.

"We told him he was acting illegally and he's still acting illegally by selling tax certificates. Frankly it's done a lot of irreparable damage." Howton said damge to the leaseholders and the leasehold titles is "literally millions of dollars." "This man is really liable for damages Cave cited Statute 196.199, (7) in writing the opinion. "Section 196.199 (7) (a) (b), F.S. (Florida Statute), provides several methods of enforcing these delinquent taxes, but does not provide for selling a tax certificate on either the leasehold interest or the property itself. "Your collection process should be governed accordingly," Cave concluded.

Gibbs is on vacation and will not return to his office until Thursday, according to Chief Deputy Tax Collector Patrick Donnelly. Donnelly said the letter would be opened Monday. "We will have to take the opinion from the attorney general's office and The Old Shell 5fi liY iY I FIT FTI XT I Illy 4V Air 1 Iii'IJaa i -a it "till MW.l.l,,W,V,t,M,a,,,,,.,,h,0 Laborer Charged In Death By BILL TENNIS Journal Statf Writer FORT WALTON BEACH An 18-year-old laborer was charged with manslaughter Sunday in the hit-and-run death of an 8-year-old boy Saturday evening across from Brooks Plaza Shopping Center. Police Chief Tommy Ray charged Robin Francis Roberts of Bayview Apartments, 726 N. Eglin Pkwy.

in the incident. Roberts' car was found parked in front of the Bayview Apartments, about a mile from the fatal accident, less than 90 minutes after the accidents. Officers quoted Roberts as saying he was headed north on Highway Avenue on the north side of the Cinco Bayou Bridge when he saw children playing in front of 247 Highway Ave. Roberts told officers he swerved into the left lane to avoid them and hit ing he thought may have been a dog. He told officers he then panicked and left the scene at a high rate of speed.

According to the officers, Roberts' car hit Harold D. Turner 8, of 247 Green-; birer Circle, and knocked him from the left' lane of the road about 28 feet into a driveway at the home of William Blizzard. The child was rushed to Eglin Air Force Base Hospital by the fire department's rescue wagon, but he was dead on arrival. Eyewitnesses gave officers a description of the car, which led to Roberts' apprehension. Sunday afternoon, County Court Judge Howard Gill set bond at $25,000 for Roberts.

Flood Evacuees Return il VT ame Stall Pholot by Bruc Graner found on Pensacola Streets long hours supplementing his monthly "disability check." 1 "You can't live by yourself," he says. "Every day you preach your own funeral," he adds implying good deeds and bad deeds live longer than men. When he's not selling peanuts Powell sometimes fishes off the Pensacola Bay bridge. "Catch some and I let them go," he says. 9 i 'P'A-k; 'a' r-' 1 'i-i- 1 'firn imiii )mnr nitu Customers for T.J.

Burdett's roasted peanuts grownup and kids Peanuf vendor T.J. Burdett says business is good Sales Viore Than Just Peanuts 'i' A Af 4tV years," says Mrs. Lloyd. "He lost his job at the Naval Air Station and my late husband got him started selling peanuts so that he could earn a little pocket money." Burdett says he started selling his peanuts for 10 cents per bag but rising costs forced him to raise the price to 15 cents. He, too, receives a monthly "disability check." And, like his fellow vender, Burdett has remained a bachelor.

Burdett speaks softly and approaches his customers almost timidly. He doesn't have a spiel. he says with his voice inflecting the one word advertisement into a question. A prospective customer's shake of the head sends him on his way down the street. The street life has been a good life according to Burdett.

"Most everybody's nice," he says. "Nobody ever bothered me on the street." However, Burdett says that on three different occasions some pretty rough customers not his peanut customers followed him home to hassle him. Burdett, an Ashland, Ala. native, says he never had much chance to go to school. "I went to about the 6th grade," he says.

"I've seen lots of folks with lots of education that's not worth a di me to them," he adds. The peanut business is still fairly good according to Burdett. "People grownups and kids still like peanuts but not as much as they did," he says. "People have a hard enough time just paying what they owe. They make it but it takes so much to live they don't have anything left over." Burdett, a devoted Christian, worships at Cedarlawn Baptist Church.

He carries the weekly church bulletin in his pocket as he walks up and down Palafox Street. "I love God," he says. "I try to be a friend to everybody." Pensacola peanut eaters get a lot more than peanuts when they buy from Powell and Burdett. The peanuts cost 15 cents. The smile and the friendship are free.

1 customers. "Known them all," he says. "Know everybody downtown in the stores, in the courthouse, at the jail. "Sell peanuts to them all. Work every day and get to know the people," he says in the sing-song cadence of the life-time hawker.

"Work every day and you don't have to ask folks to help you. You don't have to be a moocher," he explains why he spends 'JT e1A a 'JL fx'4'' t.i 1 Burdett sells his peanuts "first one place and then another." Most of the time he walks slowly up and down South Palafox Street. Sometimes he sits on a bench in front of the Escambia County courthouse where he can wave to the passing lawyers and county officials. "I know them all. I've been selling peanuts a long time," he says.

Burdett lives with his sister, Mrs. Obera Lloyd, on East Intendencia Street. "He's been selling peanuts for 21 1 Tom Powell, who has hawked his Peanuts up and down Pensacola streets for two generations, hands out a big smile with each sale of a 15 cent bag of fresh roasted peanuts. A tall, think black man, Powell suffers a congenital birth defect his right arm and leg failed to develop properly. Boarding with friends, bachelor Powell prepares his wares in a roaster of his own design early each morning before starting his 15-to-18-mile sales route, which includes a number of downtown and area businsss establishments.

He claims to know everyone in the stores, courthouse and jail and boasts them among his best customers. While he receives a disability check each month, Powell clings to the belief that "Work every day and you don't have to ask folks to help you. You don't have to be a moocher." And with his peanuts, he has a good word for everybody, "Be nice and people be nice," he says. By DOT BROWN Journal Staff Writer Peanuts might be just pigeon feed to some people something to toss from a park bench, something to throw to monkeys through zoo cage bars, something to share with circus elephants. But peanuts are the sweet taste of independence for Tom Powell and T.J.

Burdett 15 cent tickets to places in the sun, nickel and dime stepping stones to self-determination, brown bag passports to a city's heart. Powell, a tall thin black man, and Burdett, a short thin white man, both peddle roasted peanuts throughout downtown Pensacola. Both have congenital birth defects. Powell's right arm and leg failed to develop normally; Burdett's never seen much with his left eye. Nature's stumbling blocks haven't tripped either man's sense of humor.

Both hand out big smiles with their small paper sacks. And, generally, 15 cents spent with 1 1 either vendor buys a blessing bonus. Powell has played Pied Piper to two generations of Pensacolians with his piercing whistle and long, drawn out, "I've Vestiges of long forgotten street vendors' shouts echo through his rhythmic sales pitch as he pulls a few legs with, "I've got peanuts IVe got fresh, ripe tomatoes I've got a long list of produce which hehasn't. He's just got peanuts in the plastic pouch he slings over his lame arm peanuts and a good word for everybody. "Be nice and people be nice," he says.

Powell has patrolled his beat for 43 years since he was 12 years old and "that ain't long if you want to live," he says. A bachelor, he boards with friends who live on Hollywood Boulevard where he roasts his peanuts outside in a self-designed peanut roaster. "Roast them up fresh every morning," he says waving his good arm to draw a rotating drum in the air. After the daily chore, Powell packs up his peanuts and either walks or hitchhikes 15 to 18 miles over this route to serve his 1 1 By MICHAEL McEVTYRE Journal Staff Writer Most Northwest Florida and South Alabama flood refugees will be able to return to their water-damaged homes by today, according to rescue officials in both areas. But the Milton chapter of the American Red Cross will open a disaster relief center today to aid victims of flooding rivers in Santa Rosa County.

All major area roads were open Sunday as the two-state area enjoyed its first full day of sunshine since storms dumped between 15 and 20 inches of rain on the region in a four-day period. Waters of Blackwater River near Milton are receding and "most people will be able to return home Monday," according to Larry Pearson, Santa Rosa County sheriff deputy. In Alabama, the Geneva police department said Sunday persons evacuated because of flooding have moved back into their homes. A few streets are a little worse for the wear and tear of the heavy rains and flooding, he said, but no main highways remained closed. The Milton relief center will be open today and Tuesday, at Hobbs Elementary School and will remain open as long as there is a need, according to Ron Adams, Red Cross spokesman.

In addition to feeding and housing evacuees from Santa Rosa and Okaloosa counties, the Red Cross is establishing a special emergency relief fund, Adams said. He estimated 188 homes, trailers and small businesses were damaged in the deluge. Flomaton and Brewton, are recovering from their bouts with the rains, also, according to police departments thet-e. 1 -J 7 i a 1 1 1.