Item P2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 5/16/12 - KL Division: County Attorney
Bulk Item: Yes No XX Staff Contact: Suzanne Hutton, 292-3470
AGENDA ITEM WORDING: Approval of a resolution directing the Supervisor of Elections to
place a non -binding referendum question on the November 6, 2012 General Election Ballot concerning
changing the FKAA Board of Directors from gubernatorial appointments to elected positions and
providing direction to the Clerk if approved at the referendum election.
ITEM BACKGROUND: At different points in time since FKAA was created, the FKAA Board of
Directors has been elected or appointed. Periodically, the question arises as to whether the board
members should be selected through the process different than the one then in place. Currently the
Board is composed of members appointed by the governor. In response to concerns raised by citizens
regarding the FKAA Board of Directors regarding the method of selection, the Board sought public
input at the regularly scheduled meeting held in each area of the Florida Keys (Lower, Middle, Upper).
As a result of the public input received over the past several months, at the 3/21/12 BOCC meeting,
the Board directed staff to bring the required resolution back to the BOCC directing the Supervisor of
Elections to place a non -binding referendum question on the November 6, 2012 General Election
Ballot concerning changing the FKAA Board of Directors from gubernatorial appointments to elected
positions. This resolution further provides direction to the Clerk in the event there is a majority vote of
the electors to ensure the results are offered to the State legislature for purposes of pursuing
amendments to the FKAA enabling legislation.
PREVIOUS RELEVANT BOCC ACTION:
1/14/2011 BOCC discussed this issue under a commissioner's item. The general consensus was that
the individual commissioners have not been receiving communications regarding the subject, and since
there were no speakers to the item, they had no public input. The BOCC directed staff to place the
matter back on the agenda to see if it generates any public interest.
1/19/12 BOCC heard public input — Lower Keys (County Attorney Item P-2)
2/15/12 BOCC heard public input — Upper Keys (County Attorney Item Q-2)
3/21/12 BOCC heard public input — Middle Keys (County Attorney Item P-2); directed staff to bring
the required resolution back to the BOCC providing direction to the SOE to place the non -binding
referendum question on the Nov. 6`h General Election Ballot
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: N/A
TOTAL COST: Minimal - printing INDIRECT COST: N/A BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management _
DOCUMENTATION: Included X
Not Required _
DISPOSITION: AGENDA ITEM #
RESOLUTION NO. -2012
A RESOLUTION OF THE BOARD OF COUNTY COMIVIISSIONERS OF
MONROE COUNTY, FLORIDA, DIRECTING THE SUPERVISOR OF
ELECTIONS TO PLACE ON THE NOVEMBER 6, 2012 GENERAL
ELECTION BALLOT A REFERENDUM QUESTION CONCERNING
WHETHER THE MEMBERS OF THE BOARD OF DIRECTORS FOR
THE FLORIDA KEYS AQUEDUCT AUTHORITY SHOULD REMAIN
POSITIONS APPOINTED BY THE GOVERNOR OF THE STATE OF
FLORIDA OR BE CHANGED TO POSITIONS ELECTED BY THE
VOTERS OF MONROE COUNTY, FLORIDA; PROVIDING A PROCESS
FOR THE COUNTY COMMISSION TO ACT UPON A FAVORABLE
MAJORITY VOTE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Keys Aqueduct Authority (FKAA) was created in 1937 by the
Florida Legislature and recreated in 1976 as an independent special district; and
WHEREAS, under these laws, the primary purpose of FKAA was to supply water and
and sewer services to the citizens of the Florida Keys and remain the sole provider of potable
water for all residents of the Florida Keys and collecting, treating and disposing of wastewater
in the Florida Keys; and
WHEREAS, the FKAA Board of Directors at one time was elected, which was changed
in 1980 to being appointed by the Governor beginning July 1, 1983 but periodically, the question
arises as to whether the process in place for the selection of FKAA Board members should be
changed; and
WHEREAS, the FKAA Board of Directors is currently composed of members appointed
by the Governor of the State of Florida; and
WHEREAS, in response to concerns raised by citizens of Monroe County regarding the
FKAA Board of Directors, the Board of County Commissioners (BOCC) sought input from the
public at one regularly scheduled Board meeting in each area of the Florida Keys (Lower,
Middle and Upper) regarding the method of selection; and
WHEREAS, on March 21, 2012, in response to the public input received over the past
several months, the BOCC voted unanimously to place a non -binding referendum question
(straw ballot) on the November 6, 2012 General Election concerning whether the members of the
Board of Directors of the Florida Aqueduct should remain positions appointed by the Governor
of the State of Florida or be changed to positions elected by the voters of Monroe County,
Florida; and
Page 1 of 3
Res FKAA Bd of Dir Ref Q
BOCC 5/16/12 (KP)
WHEREAS, a majority vote by the electors would still require the enactment of state
legislation to change the current process of appointment of the members of the FKAA Board of
Directors by the Governor of the State of Florida to the election of the members of the FKAA
Board of Directors by the voters of Monroe County, Florida; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR
MONROE COUNTY, FLORIDA:
Section 1. Referendum.
(a) The question concerning whether the selection process for members of the Board of
Directors of the Florida Aqueduct should be changed from positions appointed by the governor
to positions elected by the voters of Monroe County, Florida shall be presented to the county
electorate by placing the question on the ballot at a referendum election to be held on November
6, 2012.
(b) The Supervisor of Elections of Monroe County shall cause the following question to be
placed on the November 6, 2012 General Election Ballot, in both English and Spanish, to be
voted on by the voters of Monroe County, Florida:
CHANGING FLORIDA KEYS AQUEDUCT AUTHORITY BOARD OF
DIRECTORS FROM GUBERNATORIAL APPOINTMENTS TO ELECTED
POSITIONS
Should the selection of the members of the Board of Directors of the Florida Keys
Aqueduct Authority be changed from positions appointed by the Governor of the
State of Florida to positions elected by the voters of Monroe County, Florida?
Yes No
LA FLORIDA QUE CAMBIA AFINA A JUNTA DIRECTIVA DE LA
AUTORIDAD DEL ACUEDUCTO DE CITAS GUBERNATIVAS A LAS
POSICIONES ELEGIDAS
se debe la selecci6n de los miembros de la junta directiva de la autoridad del
acueducto de las llaves de la Florida cambiar de las posiciones designadas por el
gobernador del estado de la Florida a las posiciones elegidas por los votantes del
condado de Monroe, la Florida?
si No. del
Page 2 of 3
Res FKAA Bd of Du Ref Q
BOCC 5/16/12 (KP)
Section 2. Advertisement of Ballot Question.
The County Attorney shall cause to be advertised in a paper of general circulation at least twice,
once in the fifth week and once in the third week prior to the week in which the referendum
election is to be held.
Section 3. Enabling Legislation.
If approved by the referendum election, the Clerk shall send copies of this resolution, the official
ballot and the results to the Florida Senate President and the Florida Speaker of the House.
Section 5. Effective Date.
This resolution shall be effective on May 16, 2012.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 16`' day of May, AD, 2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: By:
DANNY L. KOLHAGE, CLERK MAYOR
By:
Deputy Clerk
Page 3 of 3
Res FKAA Bd of Du Ref Q
BOCC 5/16/12 (KP)
NOTICE OF ADOPTION OF RESOLUTION
NOTICE OF ADOPTION OF RESOLUTION -2012 BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING
THE SUPERVISOR OF ELECTIONS TO PLACE ON THE NOVEMBER 6, 2012
GENERAL ELECTION BALLOT A REFERENDUM QUESTION CONCERNING
WHETHER THE MEMBERS OF THE BOARD OF DIRECTORS FOR THE
FLORIDA KEYS AQUEDUCT AUTHORITY SHOULD REMAIN POSITIONS
APPOINTED BY THE GOVERNOR OF THE STATE OF FLORIDA OR BE
CHANGED TO POSITIONS ELECTED BY THE VOTERS OF MONROE
COUNTY, FLORIDA; PROVIDING A PROCESS FOR THE COUNTY
COMMISSION TO ACT UPON A FAVORABLE MAJORITY VOTE; AND
PROVIDING AN EFFECTIVE DATE.
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County,
Florida, at a meeting held on May 16, 2012 duly adopted Resolution No. - 2012, upon a favorable
majority vote, directing that:
The Supervisor of Elections of Monroe County shall cause the following question to be
placed on the November 6, 2012 General Election Ballot, in both English and Spanish,
to be voted on by the voters of Monroe County, Florida:
CHANGING FLORIDA KEYS AQUEDUCT AUTHORITY BOARD OF
DIRECTORS FROM GUBERNATORIAL APPOINTMENTS TO
ELECTED POSITIONS
Should the selection of the members of the Board of Directors of the Florida
Keys Aqueduct Authority be changed from positions appointed by the Governor
of the State of Florida to positions elected by the voters of Monroe County,
Florida?
Yes No
LA FLORIDA QUE CAMBIA AFINA A JUNTA DIRECTIVA DE LA
AUTORIDAD DEL ACUEDUCTO DE CITAS GUBERNATIVAS A LAS
POSICIONES ELEGIDAS
se debe la selecci6n de los miembros de la junta directiva de la autoridad del
acueducto de las llaves de la Florida cambiar de las posiciones designadas por el
gobernador del estado de la Florida a las posiciones elegidas por los votantes del
condado de Monroe, la Florida?
sf No. del
DATED at Key West, Florida, this 16`h day of May, 2012.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex officio Clerk
of the Board of County Commissioners
of Monroe County, Florida
PUBLICATION DATE(S):
The KW Citizen (Fr)10/5/12 and (Fr)10/19/12
The Keynoter (Sa)10/6/12 and (Sa)10/20/12
The Reporter (Fr)10/5/12 and (Fr)10/19/12