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Backup Documents 01/24/2012 Item #16K 6will""" OPINION Iwo" 16k 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. a ro riate. (Initial) Applicable) 2. 1/24/12 Agenda Item Number 16 -K -6 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 1/26/12 5. Ian Mitchell, Executive Manager BCC Board of County Commissioners Documents Attached t 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jeffrey A. Klatzkow, County Attorney Phone Number 252 -8400 Contact a ro riate. (Initial) Applicable) Agenda Date Item was 1/24/12 Agenda Item Number 16 -K -6 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution — School Dis ict's illage Number of Original One Attached Referendum c� — Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip JAK should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 1/24/12 and all changes made during the JAK meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 16K6 MEMORANDUM Date: January 26, 2012 To: Jeff Klatkow, County Attorney County Attorney's Office From: Teresa Polaski, Deputy Clerk Board Minutes & Records Department Re: Resolution 2012 -10 Placing a Millage Referendum on the November 6, 2012 General Election Ballot Attached for your records, is a copy of the Resolution referenced above, (Item #16K6) adopted by the Board of County Commissioners on Tuesday January 24, 2012. If you have any questions, please contact me at 252 -8411. Thank you. Attachment MEMORANDUM Date: January 26, 2012 To: Jennifer Edwards, Supervisor of Elections Office of the Collier County Supervisor of Elections From: Teresa Polaski, Deputy Clerk Board Minutes & Records Department Re: Resolution 2012 -10: Placing a Millage Referendum on the November 6, 2012 General Election Ballot Attached for your records is a Certified Copy of the document referenced above adopted by Collier County's Board of County Commissioners January 24, 2012. If you have any questions, please call me at 252 -811. Thank you. Attachment 16K 6 RESOLUTION NO. 2012 - 10 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS 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 1011.71(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 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. 2. By taking this action, the Board of County Commissioners makes no coirr�tKn V_ 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 -Z4A:jn� th day of �o��.vo. 2012. ATTEST: DWIGRT E $ROCK,, Cgrk ik .q 1.1% 4 4 legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chai Item# Agenda D4ie Date Rec' t Deputy Cle, k 16K 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 MILLAGE OF UP TO.25 MILLS 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 June 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, pursuant to 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 16K6 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 lC APPROVED and ADOPTED at a Meeting of the District School Board of Collier County, Florida on January 10, 2012: Vote by the DSBCC on January 10, 2012: The District Schoo Board of Collier County, Florida I -r By: - -- Roy yl. ?Jerry, Ckir Dr. Kamela Patton, Superintendent Yes No Roy Terry _X_ Barbara Berry Cathy Curatolo X_ _ Julie Sprague _X_ _ Patricia Carroll _X_ — The District Schoo Board of Collier County, Florida I -r By: - -- Roy yl. ?Jerry, Ckir Dr. Kamela Patton, Superintendent