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Item Q3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 16, 2011 - KL Bulk Item: Yes No X Division County Attorney Staff Contact Person: Suzanne Hutton, #3470 AGENDA ITEM WORDING: Approval of a resolution directing the Supervisor of Elections of Monroe County to place a referendum question, as set forth in this resolution, on the January 31, 2012 Presidential Preference Primary Election Ballot concerning whether the School Board of Monroe County should be authorized to continue to levy a .5 mill ad valorem tax for an additional four (4) years beginning July 1, 2012. ITEM BACKGROUND: Pursuant to Section 1011.73(2) and (3), Florida Statutes, this item is being presented to the BOCC at the request of the Monroe County School District (MCSD Resolution 773 Version 2-2011 adopted 10/11/2011) seeking approval of a resolution to direct the Supervisor of Elections to place a referendum question, as set forth in this resolution, on the January 31, 2012 Presidential Preference Primary Election Ballot, to determine whether the MCSD should be authorized to continue to levy a .5 mill ad valorem tax. On 12/19/2007, at the request of the Monroe County School District (MCSD Resolution No. 686 adopted 10/23/2007), the BOCC approved Resolution No. 557-2007 with the language provided by the School Board for placement as a referendum question on the January 29, 2008 Presidential Preference Election Ballot (rescinded previously approved Resolution No. 425-2007 and revising referendum language). PREVIOUS RELEVANT BOCC ACTION: 11/18/2003 BOCC approved Resolution No. 520-2003 (per MCSD Resolution No. 599) 11/14/2007 BOCC approved Resolution No. 425-2007 (per MCSD Resolution No. 686 adopted 10/23/2007) 12/19/2007 BOCC approved Resolution No. 557-2007 (rescinding BOCC Resolution No. 425-2007 to provide revised referendum language at the request of School Board) CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes No SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County AttyieOMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. - 2011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA DIRECTING THE SUPERVISOR OF ELECTIONS OF MONROE COUNTY, FLORIDA TO PLACE A REFERENDUM QUESTION CONCERNING WHETHER THE SCHOOL BOARD OF MONROE COUNTY SHOULD BE AUTHORIZED TO CONTINUE TO LEVY A .5 MILL AD VALOREM TAX ON THE PRESIDENTIAL PREFERENCE PRIMARY ELECTION BALLOT TO BE HELD JANUARY 31, 2012. WHEREAS, pursuant to Section 1011.73(2) and (3), Florida Statutes, the School Board of Monroe County, Florida, in Resolution No. 773, Version 2-2011 adopted October 11, 2011 (copy attached as Exhibit A), has requested that the Board of County Commissioners direct the Supervisor of Elections to place a referendum question concerning whether the School Board of Monroe County should be authorized to continue to levy a .5 mill ad valorem tax on the January 31, 2012 Presidential Preference Primary Election Ballot; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1: Pursuant to Sec. 10 11.73 (2)(3) and (4)(a)(b), Florida Statutes, the Supervisor of Elections of Monroe County, Florida is hereby directed to place on the ballot of the Presidential Preference Primary Ballot Election to be held January 31, 2012, the following proposition, in both English and Spanish, to be voted upon by the voters of Monroe County, Florida: 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, 2012, for operating purposes? YES 1 of 2 pages IIUOA RENOVAR FONDOS FLEX[BLES PARA EL DISTRITO ESCOLAR DEL CONDADO DE MONROE: El objetivo del Distrito es poder continuar a hacer disponible una porci6n del corriente impuesto de capital ad valorem para las funciones del distrito — tales como maestros, enfermeras en las escuelas, y materiales para las clases. La intenci6n del Distrito es continuer con un amillaramiento reducido para proyectos capitales, y continuar a hacer disponible una cantidad equivalente para las funciones del distrito. &Debera el distrito continuar con el impuesto anual ad valorem de .5 mil6simas de d61ar, por cuatro aiios, comenzando el fro de Julio del 2012, para las funciones del distrito? Si W Section 2: The Supervisor is further directed to require the School Board to obtain pre- clearance from the U. S. Department of Justice before placing the referendum on the January 31, 2012 ballot. Section 3: The Clerk is hereby directed to send a certified copy of this resolution to Harry Sawyer, Supervisor of Elections, 530 Whitehead Street, #101, Key West, FL 33040. Passed and adopted by the Monroe County Board of Commissioners at a meeting held this 16th day of November, 2011. Mayor Mayor Pro Tem Commissioner Commissioner Commissioner (Seal) ATTEST: DANNY L. KOLHAGE, CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor O'OUN : Y ,raj e 2 of 2 pages RESOLUTION NO.773 Version 2 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 need 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 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 January 31", 2012', for the qualified electors of Monroe county School District to vote on an ad valorem miilage 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 miilage for capital projects, and continue to make available the equivalent amount for operations. January 31.2012, is the tentative date set for the next Presidential Primary Election and is currently subject to change EXHIBIT Shall the district continue to enact a yearly ad valorem tax of .5 mill, for four (4) years beginning July I, 2012, for operating purposes? YES NO PASSED AND DULY ADOPTED this _Uday of , 2011. THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA By: 52�0<4'� hairman Attest: y Dr. Jesus Jam - Superintendent NOTICE OF SPECIAL SCHOOL DISTRICT MILLAGE ELECTION FOR THE DISTRICT OF MONROE COUNTY, FLORIDA ON JANUARY 31, 2012. 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 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, 2012, for operating purposes? YES NO This notice shall be published on and AVISO SOBRE LA ELECCIbN DEL AMILLARAMIENTO PARA EL DISTRITO ESCOLAR DEL CONDADO DE MONROE, FLORIDA, QUE SE CELEBRARA EL 31 DE ENERO DE 2012 Mediante el referendo siguiente, el objetivo del distrito es continuar facilitando al distrito pars obtener fondos adicionales para gastos financieros tales como maestros, enfermera escolares y articulos para las aulas. La intencion del distrito es reducir el amillaramiento pars las obras de capital y hacer disponible una cantidad equivalente para funciones del distrito. La boleta siguiente es oficial. RENOVAR FONDOS FLEMLES PARA EL DISTRITO ESCOLAR DEL CONDADO DE MONROE: El objetivo del Distrito es poder continuar a hacer disponible una porcion del corriente impuesto de capital ad valorem para las fimciones del distrito — tales como maestros, enfermeras en las escuelas, y materiales para las clases. La intencion del Distrito es continuar con un amillaramiento reducido pars proyectos capitales, y continuar a hacer disponible una cantidad equivalente para las funciones del distrito. LDebera el distrito continuar con el impuesto anual ad valorem de .5 mil6simas de dolar, por cuatro afios, comenzando el lro de Julio del 2012, para las funciones del distrito? Si Este aviso se publicari en y No 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, 2012, for operating purposes? YES NO RENOVA.R FONDOS FLELES PARA EL DISTRITO ESCOLAR DEL CONDADO DE MONROE: El objetivo del Distrito es poder continuar a pacer disponible una porcion del corriente impuesto de capital ad valorem pars las funciones del distrito — tales como maestros, enfermeras en las escuelas, y materiales para las clases. La intencibn del Distrito es continuar con un amillaramiento reducido para proyectos capitales, y continuar a hacer disponible una cantidad equivalente pars las funciones del distrito. LDeberA el distrito continuar con el impuesto anual ad valorem de .5 milesimas de dolar, por cuatro afros, comenzando el 1 ro de Julio del 2012, para Ias funciones del distrito? Si No ADDITIONAL BACK-UP VERNIS & BOWLING OF THE FLORMA KEYS, P.A. ATTORNEYS AT LAW ISLAMORADA PROFESSIONAL CENTER 81M OVERSEAS HGWY., Yd FLOOR ISLAMORADA, FLORIDA 33036 TELEPHONE (305) 664-4675 FACSR*III.E (305) 664-5414 WEB SITE: www.Florida-Iaw.com October 21, 2011 Via U.S. Mail and E Mail Bob Shillinger, Esq. Monroe County Attorney's Office I I 1112`h Street, Suite 408 Key West, FL 33040 RE: Monroe County School Board % Mill Resolution Dear Mr. Shillinger: Enclosed, please find Resolution #773, Version 2, adopted by the School Board of Monroe County, Florida on October 11, 2011, providing for the levying of/z mill subsequent to further approval on January 31, 2012. 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 § 1011.71. As such, please place this matter on the agenda for approval and directing the Supervisor of Elections, Harry L. Sawyer, Jr., to place the question on the referendum for consideration. For your convenience, I have included the following documents for your review: 1) Resolution #773, Version 2; 2) Referendum (English and Spanish); and 3) Notice of Election (English and Spanish). It does not appear that "preclearance" is necessary under C.F.R. § 51.12, defining the scope of requirement for the procedure a change in voting rights. Nevertheless, to insure compliance and taking all necessary precautions, the foregoing items have been submitted to the Department of Justice, Civil Rights Division for review. VERNIS A BOWLING OF MIAMI. P.A. VBRNEIA BOWLING OF BROWARD. P.A. VERNIS A BOWLING OF NORTH FL, P.A. VERHISA BOWLING OF THE GULF COAST. P.A. VERNIS& BOWLING OF N.W. FL, P.A. MIAMI. FLORIDA FT. LAUDBRDALE, PLORIDA 1ACRSONVILLE, FLORIDA CLBARWATEH, FLORIDA PENSACOLA, FLORIDA Teo OM90-= / PAX OOq N1-1250 TEL: 19541 SU-IM I PAX. ("41=-130 TPL• tWO IMu7W I FAM (9" M4-2721 TEL Cn7) 443-33f7 / PAIL Mn Msa{L TEL M" OS•S/SI / FAM (IM02-0166 VERNIS & BOWLING OF PALM REACH, P.A. VERNIS & BOWLING OF THE FL. KEYS, P.A. VERNIS & BOWLING OF S.W. FL. P.A. VBRN/S & BOW13NG OF CENTRAL PL, P.A. VERNIS & BOWLING OF ATLANCA. I LC NORTH PALM BEACH. FLORIDA RBY WBTr, FLORIDA FORT MYERS. FIARIDA DELAND. FLORIDA ATLANCA. GBORMA TEL(562) 7f4MI PAM(561)TD-Ml TEL (30B)2R2J6A/FAM (M 2934M0 TEL p29)2543m3/FAX rm)m-Txz TBLO10 754-2702/ FAM 1390754-3441 TEV(450 M61011 I PAX: (406) Ms•M VERNIS & BOWLING OF SOUTHERN AL. LLC VEIIM3 & BOWLING OF BIRMINGHAM. LLC MOBBS.ALABAMA BWAINGHAM. ALABAMA TEL, G51) 4714771 / FAX: O51) 132-0246 TRL CM) 4494026 / PAX: (MMYI WG FLORIDA • ALABAMA 6 GEORGIA Bob Shillinger, Esq. October 21, 2011 Page 2 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 C. Simmons, School Board Legal Counsel TCS: sj Enclosure cc: Dr. Jesus Jara, School Board Superintendent LAW OFFICES VERNIS & BOWLING of Tm FLORIDA KEYS, P.A. RESOLUTION NO. 5 5 7 - 2007 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA RESCINDING RESOLUTIONNO. 425-2007 AND DIRECTING THE SUPERVISOR OF ELECTIONS OF MONROE COUNTY, FLORIDA TO PLACE ON THE JANUARY 29, 2009 PRESIDENTIAL PREFERENCE ELECTION BALLOT THE REFERENDUM QUESTION SET FORTH IN THIS RESOLUTION CONCERNING WHETHER THE SCHOOL BOARD OF MONROE COUNTY SHOULD BE AUTHORIZED TO LEVY A .5 MILL AD VALOREM TAX. WHEREAS, pursuant to Section 1011.73(2) and (3), Florida Statutes, the School Board ofMonroe County Florida, in Resolution No. 686 adopted October 23, 2007, requested the Monroe County Board of County Commissioners direct the Supervisor of Elections to place on the January 29, 2008 Presidential Preference Primary Election Ballot a referendum question concerning whether the School Board ofMonroe County should be authorized to levy a. 5 mill ad valorem tax; and WHEREAS, the Monroe County Board of County Commissioners approved Resolution No. 425-2007 as presented by the School Board ofMonroe County, Florida at their regularly scheduled meeting held November 14, 2007; and WHEREAS, the School Board ofMonroe County has subsequently advised the ballot language provided for approval in Resolution No. 425-2007 is incorrect and must be changed to reflect the ballot language set forth in this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1: Resolution No. 425-2007 is hereby rescinded. Section 2: Pursuant to Sec. 1011.73(2)(3) and (4)(a)(b), Florida Statutes, the Supervisor ofElections of Monroe County, Florida is hereby directed to place on the ballot of the Presidential Preference Primary Ballot Election to be held January 29, 2008, the following proposition, in both English and Spanish, to be voted upon by the voters of Monroe County, Florida: 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 years beginning July 1, 2008 for operating purposes? YES NO Section 2: The Supervisor is further directed to require the School Board to obtain pre -clearance from the U. S. Department of Justice before placing the referendum on the January 29, 2008 ballot. Section 3: The Clerk is hereby directed to send a certified copy of this resolution to Harry Sawyer, Supervisor of Elections, 530 Whitehead Street, #101, Key West, FL 33040. Passed and adopted by the Monroe County Board of Commissioners at a meeting held this 19th day of December, 2007. Mayor McCoy Mayor Pro Tern Di Gennaro Commissioner Spehar Commissioner Murphy Commissioner Neugent (om) ATTEST: DANNY L. KOLHAGE, CLERK ut Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: - W Mayor Charles "Sonny" McCoy MONROE COUNTaATT AP VED ASAN. E A. o C-, CouNn Me ZVcc o q CO N X: V4 RESOLUTION NO. 4Z5_ - 2W A RESOLUTION OF THE BOARD OF COUNTY COMMMISWNERS OF MONROE COUNTY, FLORIDA DIItIOGTLNG THE SUPERVISOR OF ELECTIONS OF MONROE COUNTY, FL4MMA TO PLACE ON THE JANUARY 29, 2005 PRESIDENTIAL PREFERENCE ELECTION BALLOT A REFERENDUM QUESTION CONCERNING WHETHER THE SCHOOL BOARD OF MONROE COUNTY SHOULDBEAUTIWORIEMIOLRWA .5 MILL AD VALOREM TAX. WHEREAS, punumat to Section 1011.73(2) and (31 Florida Statutes, the School Bond of Monroe County, FlOnds, in RrsaiaW= Na 686 adopted October 23, 2007, has requesbod that the Board of County Conwisslaners direct the Supervisor of Elections to place on the January 29, 2008 Presidential Prefien a Primary Election Ballot a referendum quaftoncoucarmSwhetherthe School Board of Monroe County should be mn wdmd to levy a .5 mig ad valmem tam NOW, THEREFORE, BE IT RESOLVED BY TEE BOARD OF COUNTY COMM SSIOWERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: tel: Pumuant to Sec. 1011.73(2)(3) and (4xa)(bl Statutes, the 8upavisnr of Electiions of Marne County, Florida is hereby directed to phme on the baSat of the ft aideatial Preference Primary Ballot Election to be held January 29, 2008, the fDllowing proposition, in both En*'h and Spanish, to be voted upon by the voters of Monroe County, Florida: PROVIDING FLE7LlB'IIdTY IFORGRILATZRFuNDMyM0pWATjM IN THE MONROE COUNTY SCHOOL DNnVXT 'The district's existing ad valorem tax can be used for capital purposes ONLY. The district's intent is to provide for a shift to continue to enable the district to obtain additional AuldiM 1w operations such as tearhers and classrooms — by reducing Aw cqmW projects, sad eneaing the fanowing for tax operations. Shall the district eaact it yearly ad valorem tax of .5o mill, for four years beginning duly 1, 2008, for operating purposes, thus keeping the im'llagoe at the current rate? YEAS NO The Supervisor is fiuther dbated to mqua+e the School Board to obtain pre. clearance fl,om the U. S.D"arbmwd - of Justice bef)re phNC'g the rd6mxkl R on the Tannery 29, 2008 ballot. The Ckrk is hereby directed to a coved copy ofthis to ,,.y Sawyer, Supervisor of E wdoM 530WaebeadSbVet, #101 Kry weal. )hT. 33040. Pawed and opted by the Momoe County Board of Com-6g0-M at a 14th day of November, 2007. g held this Mayor McCoy Mayan Pro Tam DiGeanaro Commissioner Spebar CommrsWone.r Murphy (Seel) ATTEST: DANNY L. KOLHAM CLERK By, �.. QO O Deputy Clerk BOARD OFCOUNTY C0MAr1LS,SIOMM OF MONROE COUNTY, FLORIDA By: Mayor Charles "Sonny" 1(cCoy C MONROI COU o � APR D T � _� Q � i v.:j RDREVIT It. a ILLI R, JR. CMIiR Aii A(�t'. N'Y1' A11"tORNiY V CD U ^ � C3 O 2 Florida Statutes 1011.73 District millage elections.— (1) MILLAGE AUTHORIZED NOT TO EXCEED 2 YEARS. —The district school board, pursuant to resolution adopted at a regular meeting, shall direct the county commissioners to call an election at which the electors within the school districts may approve an ad valorem tax millage as authorized in s. 9, Art. VII of the State Constitution. 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 2 years or until changed by another millage election, whichever is the earlier. In the event any such election Is invalidated by a court of competent jurisdiction, such invalidated election shall be considered not to have been held. (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS. —The district school board, pursuant to resolution adopted at a regular meeting, shall 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 s. 1011.71(9). 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. If any such election is invalidated by a court of competent jurisdiction, such invalidated election shall be considered not to have been held. (3) HOLDING ELECTIONS. —All school district millage elections shall be held and conducted in the manner prescribed by law for holding general elections, except as provided in this chapter. (4) FORM OF BALLOT. — (a) The district school board may propose a single millage or two millages, with one for operating expenses and another for a local capital improvement reserve fund. When two millage figures are proposed, each millage must be voted on separately. (b) The district school board shall provide the wording of the substance of the measure and the ballot title in the resolution calling for the election. The wording of the ballot must conform to the provisions of s. 101.161. (5) QUALIFICATION OF ELECTORS. —All qualified electors of the school district are entitled to vote in the election to set the school tax district millage levy. (6) RESULTS OF ELECTION. —When the district school board proposes one tax levy for operating expenses and another for the local capital improvement reserve fund, the results shall be considered separately. The tax levy shall be levied only in case a majority of the electors participating in the election vote in favor of the proposed special millage. (7) EXPENSES OF ELECTION. —The cost of the publication of the notice of the election and all expenses of the election in the school district shall be paid by the district school board. History.—s. 666, ch. 2002-387; s. 5, ch. 2007-194; s. 12, ch. 2008-142; s. 130, ch. 2010-5; s. 31, ch. 2010-154.