Agenda 01/24/2012 Item #16K61/24/2012 Item 16.x.6.
n EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners direct the Collier County
Supervisor of Elections to take appropriate action with respect to the Collier County
School District's Resolution 12-01, which seeks a millage referendum on the November 6,
2012 ballot for the scheduled general election.
OBJECTIVE: To direct the Supervisor of Elections to take appropriate action with respect to
the Collier County School District's Resolution 12 -01, which seeks to place a millage
referendum on the November 6, 2012 Ballot for the General Election.
CONSIDERATIONS: Resolution 12 -01 meets the 75 -word limit as provided by Florida
Statute.
FISCAL IMPACT: There is no direct Fiscal Impact associated with this Executive Summary.
GROWTH MANAGEMENT REACT: None.
LEGAL CONSIDERATIONS: The item was reviewed by the County Attorney and is
approved for legal sufficiency. This item requires simple majority vote. -JAK
RECOMMENDATION: That the Board of County Commissioners direct the Supervisor of
� Elections to take appropriate action with respect to the Collier County School,_ District's
Resolution 12 -01, which seeks to place a millage referendum on the November 6, 2012 Ballot
for the General Election.
ATTACHMENTS January 11, 2012 Memorandum from Roy M. Terry, III, Chairman of
Collier County School Board to Fred W. Coyle.
A. Klatzkow, County Attorney
n
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1/24/2012 Item 16.K.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.6.
Item Summary: Recommendation that the Board of County Commissioners direct the
Collier County Supervisor of Elections to take appropriate action with respect to the Collier
County School District's Resolution 12 -01, which seeks a millage referendum on the November
6, 2012 ballot for the scheduled general election.
Meeting Date: 1/24/2012
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
1/17/2012 4:34:41 PM
Approved By
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/18/2012 8:51:39 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/18/2012 9:13:29 AM
Name: OchsLeo
Title: County Manager
Date: 1/18/2012 1:39:56 PM
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1/24/2012 Item 16.K.6.
RESOLUTION NO. 2012 -
A RESOLUTION BY THE BOARD OF COUNTY COMMSSIONERS OF
COLLIER COUNTY, FLORIDA DIRECTING THE COLLIER COUNTY
SUPERVISOR OF ELECTIONS TO TAKE APPROPRIATE ACTION WITH
RESPECT TO A RESOLUTION BY THE COLLIER COUNTY SCHOOL
DISTRICT, WHICH SEEKS TO PLACE A MILLAGE REFERENDUM ON THE
NOVEMBER 6, 2012 GENERAL ELECTION BALLOT
WHEREAS, on January 10, 2012, the Collier County School District approved and adopted
Resolution 12 -01 (the "Resolution"), pursuant to Florida Statutes Section 1011.73(2), which directs the
Collier County Board of Commissioners to call an election as part of the November 6, 2012 General
Election, to vote on an ad valorem millage increase for operating expenses by the School District as
authorized by Section 1011.71(6), Florida Statutes; and
WHEREAS, Section 10 11.71(7), Florida Statutes, in part states that "school districts may levy, by
local referendum or in a general election, additional millage for school operation purposes... [.];" and
WHEREAS, school district millage elections are required to be held in the manner prescribed by
law for holding general elections as provided by Section 1011.73(3), Florida Statutes; and ,r-�
WHEREAS, the School District's Resolution includes language it proposes for its millage
referendum; and
WHEREAS, the Collier County Board of County Commissioners finds that it is lawful and in the
public interest to call for the referendum election requested by the School District and to direct the Collier
County Supervisor of Elections to take appropriate action with respect to the School District's request as
stated in its Resolution, while making no comment on the substance of the School District's proposed
referendum and/or the lawfulness of its proposed ballot language.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners approves, and authorizes its Chairman, to sign this
Resolution to call an election as part of the November 6, 2012 General Election to vote on a
referendum for an ad valorem millage increase for operating expenses by the School District as
authorized by Section 1011.71(6), Florida Statutes and hereby directs the Collier County
Supervisor of Elections to take appropriate action with respect to the School District
Resolution, a copy of which is attached.
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1/24/2012 Item 16.K.6.
2. By taking this action, the Board of County Commissioners makes no comment on me
substance of the School District's proposed referendum and/or the lawfulness of its proposed
ballot language but is merely performing its duty to call the election as requested by the
School District.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this
th day of .2012.
ATTEST:
DWIGHT E. BROCK, Clerk
LM
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
11ciency:
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1/24/2012 Item 16.K.6.
riot ScboW ROY M. TERRY, III, Chair
DisWat School Board of Collier Couatp
5775 osceola Trail
Naples, Florida 34109 -0919
' (239) 377 -0494
(239) 377 -0486 FAX
January 11, 2012
Honorable Fred W. Coyle, Chairman
Board of Collier County Commissioners
3299 Tamiami Trail, East, Suite 303
Naples, FL 34112
Dear Commissioner Coyle:
At the January 10, 2012, meeting of the District School Hoard of Collier County, the School
Board unanimously approved the enclosed Resolution 12 -01. Voter approval of Resolution 12-
01 would enable the District to continue the tax neutral shift of funding from the capital budget
to the operating budget in our efforts to maintain stability during continued financial
challenges.
Per Florida Statute 1011.73, we are submitting Resolution 12 -01 to the Board of Collier County
Commissioners for approval to be included on the November 6, 2012, General Election ballot.
In order to give us optimal time to inform the public about this upcoming election, we request
that this item be included on the agenda for the January 24, 2012 meeting of the Board of
County Commissioners.
Thank you, in advance, for your cooperation in this critically important matter.
Sincerely,
t' at .
T
Ro Terry, III
Ch ;an
District School Board of Collier County
Cc: Mr. Leo Ochs, Collier County Manager
Dr. Kamela Patton, Superintendent of Schools
Ms. Michele LaBute, Chief Operational Officer, DSBCC
N_,J& Ian Mitchell, Executive Manager, BCC
THE COLLIER COUNTY PUBLIC SCHOOL SYSTEM IS AN EQUAL ACCE.SMUAL OPPORTUNITY INSTITUTION ION FOR EDUCATION AMID DAPLOYMENT.
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1/24/2012 Item 16.K.6.
RESOLUTION #12 -01
A RESOLUTION DIRECTING THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO CALL
AN ELECTION AT WHICH THE ELECTORS WITHIN THE SCHOOL DISTRICT MAY APPROVE AD VALOREM
TAX MILIAGE OF UP T0.25 MILS AS AUTHORIZED UNDER SECTION 1011.71, FLORIDA STATUTES FOR
OPERATIONAL EXPENSES.
WHEREAS, capital funding is adequate to meet the School District's capital needs under the
existing ad valorem taxation structure;
WHEREAS, in 2008 the voters of Collier County approved a tax neutral Referendum proposed by the
District School. Board ( DSBCC) of Collier County;
WHEREAS, this Referendum enabled the DSBCC to remain financially stable during the first four
years of reduced revenue because of the economic downturn by increasing the operating tax millage by
.25 mills while the DSCBB reduced the capital tax millage by .25 mills;
.. WHEREAS, the DSBCC continues to experience a severe shortfall in the funding provided by the
Florida Legislature for the District's operating expenses during the 2011 -2012 fiscal year,
WHEREAS, the authority granted by the voters in approving the 2008 referendum expires in
--tune of 2013;
WHEREAS, the indications from the Florida Legislature are that these shortfalls in funding for the
cost of operating the School District will continue in coming years and will impact District finances;
WHEREAS, the Collier County School District has made and will continue to make significant and
financially responsible reductions and adjustments in its budgets;
WHEREAS, these laws permit an increase in ad valorem taxes for up to four (4) years for
operating expenses pursuant to voter referendum;
WHEREAS, pursuantto F.S. 1011.71(9) and F.S. 1011.73(2), the School District has the legal
authority to reduce ad valorem taxes assessed for capital funding in an amount equal to a referendum -
approved increase in ad valorem taxes assessed for operating expenses, thereby creating a tax neutral
millage shift;
WHEREAS, this shift in funding will not result in any additional expense to the taxpayers;
NOW, THEREFORE, IT IS RESOLVED by the District School Board of Collier County, Florida, in a
regular public meeting duly called and assembled that:
1. Pursuant to F.S. 1011.71(9) and F.S. 1011.73(2), the Board of County Commissioners is
hereby directed to call an election as part of the November 6, 2012 General Election for
the qualified electors of the District School Board of Collier County, Florida to vote on an
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1/24/2012 Item 16.K.6.
ad valorem millage increase for operating expenses by the School District as authorized
by Section 1011.71(6), Florida Statutes.
2. The substance of the millage referendum and the ballot title shall read:
Renewal of Tax Neutral Flexible Funding for Collier County Public Schools
Collier County School District proposes to renew the 2008 voter approved referendum to allow the
District the option to reduce the capital tax millage by .25 mills and Increase the operating millage by .25
mills to maintain economic stability. This will not result in any increase to the taxpayer.
Shall the School District reduce the capital millage and increase the operating millage each by up to .25
mills for a four year period?
YES
NO
APPROVED and ADOPTED at a Meeting of the District School Board of Collier County, Florida
on January 10, 2012:
The District Schogi Board of Collier County, Florida
Vote by the DSBCC on January 10, 2012:
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Roy loll. Merry, Cj�ir
Dr. Kamela Patton, Superintendent
Yes No
Roy Terry
_X —
Barbara Berry
X— —
CathyC.uratolo
-
JuBe Sprague
Patricia Carroll
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Roy loll. Merry, Cj�ir
Dr. Kamela Patton, Superintendent