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Item N2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 9. 2015 (KL) Department: County Attorney's Office Bulk Item: Yes X No Staff Contact /Phone #: Lisa Granger, (305) 292-3470 AGENDA ITEM WORDING: Approval of a resolution requesting the Supervisor of Elections to place a School Board referendum question on the March 15, 2016 Presidential Preference Primary Election Ballot to determine whether the School Board of Monroe County should be authorized to enact a yearly ad valorem tax of 0.5 mill, for four (4) years beginning July 1, 2016, for operating purposes pursuant to Sections 1011.71(9) and 1011.73(2), Florida Statutes. ITEM BACKGROUND: On November 18, 2015, the Monroe County School Board forwarded a copy of their Resolution No. 807 adopted on November 17, 2015 calling for a special election on March 15, 2016 for the qualified electors of the Monroe County School District to vote on an ad valorem miliage increase for operating expenses of the School District as authorized by Section 1011.71(9) and directing Monroe County Board of County Commissioners to place the referendum question on the March 15, 2016 ballot pursuant to Section 10I 1.72 (2). Section 1011.73(2), Florida Statutes requires the Board of County Commissioners subsequent to the School Board's adoption of resolution, to call an election at which the electors within the school district may approve an ad valorem tax miliage as authorized under Section 1011.71(9) and 1011.73(2), Florida Statutes. Such election shall be held at any time, except that not more than one such election shall be held during any 12-month period. The School Board shall advertise the referendum at its cost. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: Not applicable. STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No_X DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Attorney OMB/Purchasing _Risk Management _ _ _______ . DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 6/15 RESOLUTION NO. - 2015 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA REQUESTING THE SUPERVISOR OF ELECTIONS PLACE ON THE MARCH 15, 2016 PRESIDENTIAL PREFERENCE PRIMARY ELECTION BALLOT THE SCHOOL BOARD'S REFERENDUM QUESTION DETERMINING WHETHER THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA SHOULD BE AUTHORIZED TO ENACT A YEARLY AD VALOREM TAX OF 0.5 MILL, FOR FOUR (4) YEARS, BEGINNING ON JULY 1, 2016, FOR OPERATING PURPOSES PURSUANT TO SECTIONS 1011.71(9) AND 1011.73(2), FLORIDA STATUTES. WHEREAS, Section 1011.71(9) Florida Statutes authorizes a school district to levy, by local referendum, additional millage for school operational purposes up to an amount that, when combined with nonvoted millage levied under the Section, does not exceed the 10 mill limit established in s. 9(b), Art. V1I of the State Constitution; and WHEREAS, Section 1011.73 (2) authorizes a school board, by resolution adopted a regular meeting, to direct the Board of County Commissioners to call an election at which the electors within the school district may approve an ad valoreum tax millage as authorized under Section 1011.7](9). Further such election may be held at any time, except that not more than one such election shall be held during any 12 month period. Any millage so authorized shall be levied for a period not in excess of 4 years or until changed by another millage election, whichever is earlier; and WHEREAS, pursuant to Sections 1011.71 (9) and 1011.73 (2) on November 17, 2015, the School Board adopted their Resolution No. 807, attached hereto as Exhibit A to this resolution, to levy a yearly ad valorem millage tax increase of 0.5 mill, for four (4) years beginning July 1, 2016, for operating expenses of the School District; and WHEREAS, the School Board has presented their Resolution No. 807 to the County requesting the County place their referendum question concerning the School Board's levy of a yearly ad valorem tax increase of 1 0.5 mill for four (4) years on the March 15, 2016 Presidential Preference Primary Election Ballot; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida that: Section 1. Pursuant to 1011.73 (2), Florida Statutes, the Supervisor of EIections is hereby requested to place on the March 15, 2016 Presidential Preference Primary Election ballot the referendum adopted by the School Board of Monroe County, Florida in its Resolution No. 807 (attached hereto as Exhibit A). Section 2. The Clerk is directed to send a certified copy of this Resolution to the Supervisor of Elections. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 9"' day of December, 2015. Mayor Heather Carruthers Mayor pro tem George Neugent Commissioner Danny L. Kolhage Commissioner David Rice Commissioner Sylvia Murphy BOARD OF COUNTY COMNHSSERS OF MONROE COUNTY, FLORIDA By: Mayor Heather Carruthers (SEAL) ATTEST: AMY HEAVILIN, CLERK By: Deputy Clerk P] EXHIBIT A RESOLUTION NO.807 WHEREAS, capital funding is adequate to meet the district's current needs, given the current and contemplated continuance of the ad valorem tax; WHEREAS, the Monroe County School District had operation budget shortfalls for teachers' salary increases, insurance, teacher benefits and classroom materials prior to the enactment of the increase in ad valorem taxes in 2004; WHEREAS, the state funding formula does not allow for the Monroe County public schools to have flexibility between operation funds and capital funds; WHEREAS, the School Board continues to require sufficient revenues to maintain and improve its high quality schools; WHEREAS, although, Florida law provides for an increase in ad valorem taxes for four (4) years for operating purposes pursuant to voter referendum; and the District does have the flexibility to reduce ad valorem taxes for specified capital expenditures to an amount equal to the ad valorem tax increase for operating expenditures; thereby creating a tax neutral shift after a successful referendum under 1011.71(6), Florida Statute. NOW, THEREFORE, BE IT RESOLVED by the School Board of Monroe County, Florida, in a public meeting duly called and assembled: That pursuant to Section 1011.73(2), Florida Statutes, the Board of County Commissioners of Monroe County is hereby directed to call a special election for March 15, 2016, for the qualified electors of the Monroe County School District to vote on an ad valorem millage increase for operating expenses of the School District as authorized by Section 1011.71(9) Florida Statutes. 2. The substance of the millage referendum and the ballot title shall read: RENEW FLEXIBLE FUNDING FOR MONROE COUNTY SCHOOLS: The District's objective is to continue to make available a portion of the existing capital ad valorem tax levy for operations — such as teachers, school nurses and classroom materials. The District intends to continue its reduced millage for capital projects, and continue to make available the equivalent amount for operations. Shall the district continue to enact a yearly ad valorem tax of .5 mill, for four (4) years beginning July 1, 2016, for operating purposes? YES mm LvASSED AND DULY ADOPTED this aday of -A ILI, 2015. THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA By: k h a i �riTa rn Attest: Superintendent Mark T. Porter ADDITIONAL BACKUP VERNis &BowLING ATTORNEYS AT LAW • EST. 1970 819900VER5CAS 11WY 3A0 FUL ISLAMORADA, FLORIDA 33036 : TEIEPHONF.. 305-664-4675 • FACSIMILE 305-664-5414 11/18/15 Via Overnite Mail & Email Bob Shillinger, Esq. Monroe County Attorney's Office I I I i 12'h St., Suite 408 Key West, FL 33040 RE: Monroe County School Board Mill Resolution Resolution #807 —Flexible Spending Dear Mr. Shillinger: Enclosed, please find Resolution #'807, adopted by the School Board of Monroe County, Florida on November 17', 2015, providing for the levying of 1/2 mill subsequent to further approval by the voters on March 15'h, 2016. In accordance with Florida Statute § 1011.73, it is mandated that the School Board direct the County Commissioners to call an election at which the electors within the school district may approve an ad valorem tax millage as authorized under § 101 I 31 o As such, please place this matter on the agenda for approval and directing the Supervisor of Elections, Joyce Griffin, to place the question on the referendum for consideration. For your convenience, I have included the following documents for your review: 1) Resolution #807; 2) Referendum 3) Notice of Election In closing, if there is any question or problems with the referendum or enclosed items as framed, please let me know as soon as possible so that I may address any concerns in advance of our impending deadlines. As always, we thank you for your time and assistance with this matter. Sincerely, Theron Simmons, Esq. School Board Legal Counsel Tcs inclosures cc: Mark Porter. suPerintendcni Lisa Granger, Esq. DELANb. FL IACKSONVILLF, Ft. PI NSACOIA. FL MOSILF: Al. FoRI MYIRS. FL KLY WLsI. FL I S'I PrumatIRG, 1`1 GULIIP0RI MS HOLLYWO011 I L MIAMI. Ft. TAMPX FL CItARLOIUo TTF, NC ISLAMORADA. I L NORTH PALM BIAi L Ft.BIRMINComm-A# COIL='MBIA. SC www. NA rIONA1- LAw.com 2015-Z016 LIrirMw f 4irk SCHOOL BOARD AGENDA ITEM RATIONALE DATE OF BOARD ACTION: November 17, 2015 DISTRICT DEPARTMENT: Finance DIRECTOR/SUPERVISOR'S SIGNATURE: SUBJECT: W Mid' Resolution ID AGENDA ITEM TITLE: Approval of 112 Wl Switch - Resolution to SOCC for Referendum BACKGROUND INFORMATION: Since 2004, the District has utilized funds from a voter approved 112 Mill for operation costs white agreeing to reduce property ad valorem taxes an equal amount, creating a neutral tax shift and allowing greater flexibility In District funding. Based upon Supervisor of Election timelines, the Resolution would go to the BOCC for approval on Dec. 9th, and then be transmitted to the Supervisor of Elections by December 1Sth. ITEM BUDGETED: ❑ Yes ❑ No ❑ N/A Total Cost: RECOMMENDATION: Recommend Approval of Resolution 807, requesting that the BOCC call a special election for the millage referendum. REVIEWED BY ADMINISTRATION: Yes: ❑ REVIEWED BY ATTORNEY: Yes: MCSD-ADMOI B Reused o9101n01 s Executive Director �yiJy,rnlb IFw.Sra�wa. t+a r .. -. 1}kp�1lwriMw�wtWl �-tr+� VFRN d 7V�YINU �w..orus Signature Required RENEW FLEXIBLE FUNDING FOR MONROE COUNTY SCHOOLS: The District's objective is to continue to make available a portion of the existing capital ad valorem tax levy for operations — such as teachers, school nurses and classroom materials. The District intends to continue its reduced millage for capital projects, and continue to make available the equivalent amount for operations. Shall the district continue to enact a yearly ad valorem tax of .5 mill, for four (4) years beginning July 1, 2016, for operating purposes? YES NO NOTICE OF SPECIAL SCHOOL DISTRICT MILLAGE ELECTION FOR THE DISTRICT OF MONROE COUNTY, FLORIDA ON MARCH 15, 2015 By the following referendum, the District's objective is to continue to enable the District to obtain additional funding for operations — such as teachers, school nurses, and classroom materials. The District intends to reduce millage for specified capital projects and make available an equivalent amount for operations. The following is the official ballot. RENEW FLEXIBLE FUNDING FOR MONROE COUNTY SCHOOLS: The District's objective is to continue to make available a portion of the existing capital ad valorem tax levy for operations — such as teachers, school nurses and classroom materials. The District intends to continue its reduced millage for capital projects, and continue to make available the equivalent amount for operations. Shall the District continue to enact a yearly ad valorem tax of .5 mill, for four (4) years beginning July 1, 2016 for operating purposes? YES NO This notice shall be published on 219116, 2/23/16 and 3/8116.