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Item R7 R.7 G BOARD OF COUNTY COMMISSIONERS County of Monroe � � Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting November 20, 2019 Agenda Item Number: R.7 Agenda Item Summary #6284 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 N/A AGENDA ITEM WORDING: Approval of a resolution requesting the Supervisor of Elections hold a special election on March 17, 2020 as directed in Monroe County School Board Resolution No. 839 for the qualified electors of Monroe County to vote on the School Board's referendum question to determine whether to continue to enact a yearly ad valorem tax of up to .5 mill for four (4)years beginning January 1, 2020 for operating expenses of the School District. ITEM BACKGROUND: On October 22, 2019, the Monroe County School Board adopted Resolution No. 839, which directs the County Commission to call a special election on March 17, 2020 for the qualified electors of the Monroe County School District to vote on whether the School District should continue to enact a yearly ad valorem tax of.5 mill, for four (4) years, beginning on July 1, 2020 for operating expenses of the School District. The School Board's resolution follows the statutory process set forth in F.S. 10 11.73 for placing a referendum question on the ballot. That statute requires BOCC authorization to place a referendum on the ballot but places the financial responsibility for any costs associated with noticing and conducting the election on the school board. The ballot question would 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, 2020, for operating purposes? Packet Pg. 2877 R.7 YES NO PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: STAMPED Res School Board Refendum BOCC 1120 19 (11 6 19) FINANCIAL IMPACT: Effective Date: N/A Expiration Date: Total Dollar Value of Contract: Total Cost to County: None. Current Year Portion: Budgeted: Source of Funds: School Board will advertise referendum at its expense. CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Bob Shillinger Completed 11/06/2019 3:01 PM Kathy Peters Completed 11/06/2019 3:05 PM Board of County Commissioners Pending 11/20/2019 9:00 AM Packet Pg. 2878 R.7.a RESOLUTION NO. -2019 cv CD cv RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY, FLORIDA REQUESTINGTHE SUPERVISOR � SPECIALELECTIONS HOLD A 7, 2 + QUALIFIED ELECTORS OF MONROE COUNTY BOARD'SI WHETHER+ + SCHOOL BOARD OF MONROE COUNTY, FLORIDA AUTHORIZEDSHOULD BE VALOREM TAX OF.5 MILL FOR FOUR( )YEARS BEGINNING JULY 1, 2020 FOR OPERATING PURSUANTTO A STATUTE 111.71( ) AND 1011.73(2). WHEREAS, Section 111.71(9) Florida Statutes authorizes a school district to levy, by local referendum, additional millage for school operational purposes up to an amount that, when (n Cr combined with non-voted millage levied under the Section, does not exceed the 10 mill limit established in s. 9(b), Art. VII of the Florida Constitution; and 4- WHEREAS, Section 1011.73(2), Florida Statutes authorizes a school board,by resolution adopted at 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 valorem tax millage as authorized under Section 1011.71(9). Further, such election may be held during any 12 month period. Any millage so authorized shall be levied for a period not in excess of four (4) years or until changed by another millage election, whichever is earlier; and WHEREAS,pursuant to Sections 1011.71(9)and 1011.73(2),Florida Statutes,on October 22, 2019,the School Board adopted their Resolution No. 839,attached hereto as Exhibit"A"to this resolution, calling for a special election to be held March 17, 2020 to continue to levy a yearly ad valorem tax of.5 mill for four(4)years beginning July 1,2020 for operating expenses of the School District; and WHEREAS, the School Board has presented their Resolution No. 839 to the County requesting the County call a special election for March 17, 2020 for the qualified electors of Monroe County to vote on the School Board's referendum question to determine whether to authorize the School Board to continue to enact the current ad valorem rate set for operating co expenses of the School District; and WHEREAS, the School Board has further provided a Spanish language translation of the U) referendum question posed in Resolution 839 to the County; and WHEREAS, a. School Board Resolution 839 and the Spanish language translation of the referendum question posed in Resolution 839 are attached hereto and incorporated into this resolution as Composite Exhibit A. Page 1 of 3 BOCC 11/20/1.9 CAY Res School Berard Ref(kp) Packet Pg. 2879 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY C14 COMMISSIONERS OF MONROE COUNTY,FLORIDA: Q C14 1. Pursuant § 1011.73(2), the Supervisor of Elections is hereby directed hold a special election on March 17, 2020 and place the referendum adopted by the School Board of Monroe County, Florida, in its a Resolution No. 839(attached hereto as Composite Exhibit A)on the March 4- 17, 2020 special election ballot along with the Spanish translation of the question as provided by the School Board. -6 0 2. The Clerk is directed to send a certified copy of this Resolution to the Supervisor of Elections. W 0 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, (n Cr Florida, at a regular meeting held on the 20th day ol'November, 2019. 2 U) Mayor 4- 0 Mayor Pro Tern 0. Commissioner 0. Commissioner Commissioner BOARD OF COUNTY COMMISSIONERS C14 OF MONROE COUNTY, FLORIDA It- (SEAL) ATTEST: KEVIN MADOK, CLERK 0 3 ® co y® Mayor E Deputy Clerk 40- 0 0 co -6 0 t,AONROE Ty ATTORNEY 0 COUN (n APPROVED A'S TO_fOR14 U) 0 );��!�R,JR. W E 0 Page 2 of 3 < BOCC 11/20/19 CAY Res School Board Ref(kp) Packet Pg. 2880 R.7.a cv CD cv I- Com . Exhibit te Resolution 839 . Monroe County School District 0 (n Cr U) 4) 4- 0 91 91 cv CO 0 CO U) 0 Page 3 of OCC 11/20/19 CAY Res School Board Ref(kp) Packet Pg. 2881 EXHIBI"FA.. C14 Q RESOLUTION NO. 839 N V.- WHEREAS, capital funding is adequate to meet the district's current needs, given the 2- current and contemplated continuance of the ad valorem tax; a WHEREAS, the Monroe County School District had operation budget shortfalls for 4- 0 teachers' salary increases, insurance, teacher benefits and classroom materials prior to the enactment of the increase in ad valorem taxes in 2004; -6 0 WHEREAS, the state funding formula does not allow for the Monroe County public 0 schools to have flexibility between operation funds and capital funds; (n WHEREAS, the School Board continues to need sufficient revenues to maintain and improve its high quality schools; W 0 (n WHEREAS, Florida law provides for an increase in ad valorem taxes for four (4) years it Cr for operating purposes pursuant to voter referendum; and the District does have the flexibility to U) reduce ad valorem taxes to an amount equal to the ad valorem tax increase for operating 4- expenditures; thereby creating a tax neutral shift after a successful referendum under 1011.71(6), 0 Florida Statute. NOW, THEREFORE, BE IT RESOLVED by the School Board of Monroe County, Florida, in a public meeting duly called and assembled: 1. That pursuant to Section 10 11.73(2), Florida Statutes,the Board of County Commissioners of Monroe County is hereby directed to call a special election for March 17 1h, 2020, for the qualified electors of Monroe County School District to vote on a continuation of the current ad valorem millage rate set for operating expenses of the School District as authorized by is 0 Section 10 11.71(9)Florida Statutes. co E 0 co -6 0 [RE,MAINDER OF PAGE LEFT INTENTIONALLY BLANK] U) W E Packet Pg. 2882 cv 2. The substance of the millage referendum and the ballot title shall read: N V.- RENEW FLEXIBLE FUNDING FOR MONROE COUNTY SCHOOLS: The District's objective is to continue to make available a portion of the existing a capital ad valorem tax levy for operations — such as teachers, school nurses and 4- 0 classroom materials. The District intends to continue its reduced millage for capital projects, and continue to make available the equivalent amount for operations. -6 0 Shall the district continue to enact a yearly ad valorem tax of.5 mill, for four (4) years beginning July 1, 2020, for operating purposes? w 0 ---YES NO (n Cr 2 U) PASSED AND DULY ADOPTED this 22nd day of October, 2019. 0w 4- 0 THE SCHOOL BOARD OF MONROE COUNTY,FLORIDA Robert Highsmith Attest: 0 MZH.Wit—er- Superintendent E 40- 0 0 M -6 0 0 (n U) 0 w a. E 0 Packet Pg. 2883 C14 CD 2. The substance of the millage referendum and the ballot title shall read: C14 V.- RENOVAR EL FINANCIAMIENTO FLEXIBLE PA RA LAS ESCUELAS DEL CONDADO DE MONROE: El objetivo del distrito es continuar haciendo disponible una parte del actual a 4- impuesto ad valorem al capital para operaciones, como maestros, enfermeras escolares y materiales del sal6n de clases.El distrito tiene la intenci6n de continuar con la baja tasa fiscal para proyectos de capital y continuar haciendo que est6 -6 disponible el monto equivalente para operaciones. 0 4EI distrito debe continuar promulgando un impuesto anual ad valorem de .5 par cada 1,000 durante cuatro (4)aflos a partir del L'dejulio de 2020 para prop6sitos de w operaci6n? 0 (n Cr Si NO 2 U) 4- APROBADA Y DEBIDAMENTE ADOPTADA este is 22 de octubre de 2019 0 LA JUNTA ESCOLAR DEL CONDADO DE MONROE, FLORIDA Por: [Signature] Robert Highsmith: presidente Testigo: [Signature] MarkT.Porter: superintendents 0 Co E C 40- 0 0 Co -6 0 0 (n U) 0 w C 0 E 0 Packet Pg. 2884