Item P02BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 9/21/12 - MAR Division: County Attorney
Bulk Item: Yes No XX Staff Contact: Suzanne Hutton, 292-3470
AGENDA ITEM WORDING: Approval of a resolution amending Resolution No. 142-2012 to
reflect the Spanish translation of the referendum question recently obtained by the Supervisor of
Elections from a certified interpreter and as it will appear 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: On 5/16/12 the Board adopted Resolution No. 142-2012 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 position, and, in the event there is a majority vote of the electors, provides direction to the
Clerk to ensure the results are offered to the State legislature for purposes of pursuing amendments to
the FKAA enabling legislation. Resolution No. 142-2012 contains a computer generated Spanish
translation of the referendum question. To ensure accuracy of the Spanish translation of the
referendum question, the Supervisor of Elections recently obtained a Spanish translation of the
referendum question from a certified English/Spanish interpreter which will appear on the November 6
General Election Ballot, (see marked Exhibits A and B of proposed resolution). The proposed
resolution ensures the Spanish translation of the referendum question that appears in the supporting
resolution for this referendum is identical to the Spanish translation of the referendum question that
will appear on the November 6 General Election Ballot.
PREVIOUS RELEVANT BOCC ACTION:
1/14/2011 BOCC discussed this issue under a commissioner's item and 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
5/16/12 BOCC adopted Resolution No. 142-2012
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 COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING RESOLUTION NO.142-2012
TO REFLECT THE SPANISH TRANSLATION OF THE REFERENDUM
QUESTION RECENTLY OBTAINED BY THE SUPERVISOR OF
ELECTIONS FROM A CERTIFIED INTERPRETER AND AS IT WILL
APPEAR ON THE NOVEMBER 6, 2012 GENERAL ELECTION BALLOT.
WHEREAS, on May 16, 2012, in response to the public input received over the past
several months, the BOCC adopted Resolution No. 142-2012 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
WHEREAS, Section 1. (b) of the Resolution sets forth the referendum question, in both
English and Spanish, that the Supervisor of Elections is to place on the November 6, 2012
General Election Ballot, to be voted on by the voters of Monroe County, Florida; and
WHEREAS, to ensure accuracy of the Spanish translation of the referendum question
on the ballot, the Supervisor of Elections recently obtained a Spanish translation from Lilia E.
Perez, who has been certified by the Administrative Office of the United States Courts as an
English/Spanish interpreter, see certificate which is attached hereto as Exhibit A; and
WHEREAS, the certified interpreter has provided a translation of the proposed ballot
question as set forth in English in Resolution 142-2012, a copy of which is attached hereto as
Exhibit B; and
WHEREAS, the English and Spanish translation of the referendum question cited in the
BOCC's resolution providing direction to the Supervisor of Elections should be identical to the
English and Spanish translation of the referendum question that appears on the November 6,
2012 General Election Ballot;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
1. Section 1. (b) of Resolution No.142-2012 is hereby amended to read as follows:
(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
Page 1 of 2
Res amend Res 142-2012 re: FKAA Bd of Dir Ref Q
BOCC 9/19/12 (KPbs: 8/3/12)
N
_N -
CONVERTIR LA JUNTA DE DIRECTORES PARA EL GOBIERNO DEL
ACUEDUCTO DE LOS CAYOS DE LA FLOREIM DE CARGOS
NOMBRADOS POR EL GOBERNADOR A CARGOS ELECTIVOS.
i.Debe cambiarse la selecci6n de los miembros de la Junta de Directores para el
gobierno del Acueducto de los Cayos de la Florida, de cargos nombrados por el
Gobernador del Estado de la Florida a cargos ele ig dos por los electores del Condado
de Monroe, de la Florida?.
Sf No
Section 2. All remaining provisions of Resolution No. 142-2012 as adopted on May 16, 2012,
not inconsistent herewith, remain in full force and effect.
Section 3. Effective Date. This resolution shall be effective retroactive to 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 day of
.2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Res amend Res 142-2012 re: FKAA Bd of Dir Ref Q
BOCC 9/19/12 (Ubs: 8/3/12)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
Page 2 of 2
LEONIDAS RALPH MECHAM ADMINISTRATIVE OFFICE OF THE
Director
UNITED STATES COURTS
CLARENCE A. LEE, JR.
Associate Director WASHINGTON, D.C. 20544
August 7, 2002
Ms. Lilia E. Perez
8906 W. Flagler Street, #210
Miami, Fl 33174
Dear Ms. Perez:
In accordance with 28 U.S.0 §1827, I am pleased to inform you that you have successfully
passed the Federal Court Interpreter Certification Examination for Spanish/English. You have
demonstrated that you possess the advanced language and interpreting skills required to be certified
as an interpreter for Spanish/English in the federal court system. Your certificate is enclosed.
We will include your name, address, and telephone number(s) in our National Court
Interpreter Database listing of certified court interpreters which is accessible to every federal district
court. Please notify us of any changes in this information so that the database may remain current.
It is important that you contact the nearest district court in your area so you can be listed on
their local roster of available interpreters. If you are interested in being considered for assignments
outside of your local area, please contact Marijke van der Heide of the District Court Administration
Division, so she can indicate your willingness to travel in the national database. You can reach her at
202-502-1585 or e-mail her at <Marijke_van_der Heide@ao.uscourts.gov>.
Please accept my personal congratulations on your certification.
Sincerely,
Leoni as Ralph Mecham
Director
Enclosure
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
TRANSLATION
CONVERTIR LA JUNTA DE DIRECTORES PARA EL GOBIERNO DEL ACUEDUCTO DE
LOS CAYOS DE LA FLORIDA, DE CARGOS NOMBRADOS POR EL GOBERNADOR A
CARGOS ELECTIVOS.
Oebe cambiarse la seleccion de los miembros de la Junta de Directores para el
gobierno del Acueducto de los Cayos de la Florida, de cargos nombrados por el
Gobernador del Estado de la Florida a cargos elegidos por los electores del
Condado de Monroe, de la Florida?.
Si
No
LILIA E. MATALON
113 SAN MARCOS DRIVE
DEL RIO, TX 78840
Telephone 786-539-7606 or 830-488-6034
SS# 593-77-7156
TO: ]OYCE GRIFFIN
Monroe County, Assistant Supervisor of Elections
305-292-3416
FOR:
TRANSLATION SERVICES
INVOICE #39 -2012
DATE: AUGUST 2, 2012
DESCRIPTION
WORDS
RATE
AMOUNT
Translation from English Into Spanish of the following document:
- Changing Florida Keys Authority Board of Directors from
76
$0.20
$15.20
Gubernatorial Appointments to Elected Positions.
Thank you for your business! TOTAL
$15.20
1 1 �
RESOLUTION NO. 142 - 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
ResFKAA Bd of Dir Ref Q Page 1 of 3
BOCC 5/16/12 (1C1)
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 selection de los miembros de la junta directiva de la autoridad del
acueducto de las Ilaves de la Florida cambiar de las posiciones designadas por el
gobe><nador del estado de la Florida a las posiciones elegidas por los votantes del
condado de Monroe, la Florida?
si No. del
ResFKAA Bd of Dir Ref Q Page 2 of 3
BOCC 5/16/12 (KI)
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'b day of May, AD, 2012.
MayorDavid Rice
Yes
Mayor Pro Tem Kim Wigington
Yes
Commissioner Heather Carruthers
Yes
Commissioner George Neugent
Yes
Commissioner Sylvia Murphy
Yes
(SPAL) .
JAI
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��. ATTEST:
DANNY L. KOLHAGE, CLERK
By:~�VH
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
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Res FKAA Bd of Dir Ref Q Page 3 of 3
SOCC 5/16/12 (Ki)