Agenda 06/10/2008 Item #10G
Agenda Item No. 10G
June 10, 2008
Page 1 of 5
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EXECUTIVE SUMMARY
ReeommeDdatioD that the Board of Couuty CommissioDen direct the Collier COUDty
Supervisor of Eleetions to take appropriate actioD with respect to the Collier COUDty
School District's ResolutioD 08-05, which seeks to place a millage refereDdum OD the
August 26, 2008 baUot for the scheduled primary electioD
OBJECTIVE: To direct the Supervisor of Elections to take appropriate action with respect
to the Collier County School District's revised Resolution OS-OS, which seeks to place a
millage referendum on the August 26, 200S Ballot for the Primary Election.
Note: Revised Resolution OS-os of the School Board of Collier County, with revised ballot
language, was not made available at the time of this Executive Summary.
CONSIDERATIONS: This item was originally considered by the Board of County
Commissioners on May 27, 2OOS. At that time, Supervisory of Elections Jennifer Edwards
informed the Board that the text of the proposed ballot language in Resolution OS-os
exceeded the 75-word limit provided by Florida Statute. Upon the request of Supervisor
Edwards, the Board continued this item to the June 10, 200S Board meeting.
The School Board was reportedly scheduled to adopt a revised version of Resolution OS-OS,
with revised ballot language that meets the 75-word limit, at a special meeting scheduled for
~~ June 5, 2008.
Note: Revised Resolution OS-05 of the School Board of Collier County, with revised ballot
language, was not made available at the time of this Executive Summary.
FISCAL IMP ACT: There is no direct Fiscal Impact associated with this Executive
Summary.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact
associated with this Executive Summary.
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
revised Resolution 08-05, which seeks to place a millage referendum on the August 26, 2008
Ballot for the Primary Election.
ATIACHMENTS: 4/24/08 Memorandum from Managing Assistant County Attorney Scott Teach to
County MlllllI8er Jim Mudd
PREP ARE>> BY: Mike Sheffield, Assistant to the County Manager
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Page ] of 1
Agenda Item No. 10G
June 10, 2008
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10G
Meeting Date:
This item to be heard at 11 :45 a.m. 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 08-05, which seeks to place a
millage referendum on the August 26, 2008 ballot for the scheduled primary election (Jim
Mudd. County Manager)
6/10/2008 900:00 AM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
6/4/20084:32 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
6/4/20084:51 PM
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Page 3 of 5
FROM:
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM,rF!cE :JF ;~~". , .,'Ap . fft-I
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James V. Mudd, County Manager 'r[T'U'__:;;;"'" ~O~:;,,,-
Scott R. Teach, Managing Assistant County Attorney J12 ---- - .'.1;~~ A&~
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April 24, 2008 ~ ~ 1(
TO:
DATE:
BE:
District School Boar4 of Collier County f Proposed Referendum
The District School Board of Collier County (the "District") is considering placing a
referendum on the August 2008, primary ballot asking the voters of Collier County
whether they would like 10 approve the reallocation of a portion of the District's ad
valorem revenue from its capital fund to its operating fund. The School Board of Monroe
County, Florida, successfully pursued a similar referendum recently on January 29, 2008.
The short answer is that if the District wishes to pursue a referendum it must adopt a
resolution at a regular meeting directing the Board of Collier County Commissioners to
call an election on the proposed millage adjustment.
Florida Statutes, Section 1011.71(7), states, in part, that "school districts may levy, by
local referendum or in a general election, additional millage for school operation
purposes...[.]" School district millage elections are required to be held in the manner
prescribed by law for holding general elections. Fla. Stat. ~ 10 II. 73(3). Section
1011.73(4), Fla. Stat. requires the school districts to provide the wording of the substance
of the referendum and the ballot title in the resolution that calls for the election. Finally,
the resolution adopted should "direct" the Board of County Commissioners to call an
election on the measure. Because there is an upcoming primary and general election,
further coordination should involve the Collier County Supervisor of Elections.
Should you have any further questions regarding this matter, please let me know.
Cc: Jeffrey A. Klatzkow, County Attorney
Jennifer J. Edwards, Collier County Supervisor of Elections
Timothy Durham, Deputy Supervisor ofElectioDS
Agenda Item No. 10G
June 10, 2008
Page 4 of 5
RESOLUTION NO, 2008 -
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
AUGUST 26, 2008 BALLOT FOR THE SCHEDULED PRIMARY ELECTION.
WHEREAS, the Collier County School District has approved and adopted a resolution (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 August 26, 2008 Primary 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. . . [.j;" 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 CoIlier
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:
.~'
I. The Board of County Commissioners approves, and authorizes its Chairman to sign this
Resolution to call an election as part of the August 26, 2008, Primary 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 Counly
Supervisor of Elections to take appropriate action with respect to the School District
Resolution, a copy of which is attached.
Agenda Item No. 10G
June 10, 2008
Page 5 of 5
2. By taking this action, the Board of County Commissioners makes no comment on the
substance of the School District's proposed referendum and/or the lawfulness of its proposed
baJlot language but is merely performing its duty to caJl the election as requested by the
School District.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this
10th day ofJune, 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, Chairman
ufficiency:
Page 1 of 1
l~ 100
Patricia L. Morgan
bodinejudi [JudiBodine@colliergov.net]
Monday, June 09, 2008 10:01 AM
Minutes and Records; Klatzkow, Jeff; Filson, Sue; Beauchamp, Gary; Yon kosky, John;
Barbetta Hutchinson
Cc: ochs_l; Brock, Mary
Attachments: School District Millage Referendum Resolution.pdf
From:
Sent:
To:
Good Morning
Here is the replacement Resolution for Item tOG, referring to the School District's request to place a
millage referendum on the November 4, 2008 General Election ballot (rather than the August 26, 2008
Primary Election.
Please call if you have any questions.
Judi Bodine
6/9/2008
\~ 10 Co
RESOLUTION NO. 2008 -
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 4, 2008 GENERAL ELECTION BALLOT
WHEREAS, on June 5, 2008, the Collier County School District approved and adopted Resolution
08-05 (Revised) (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 4, 2008 General
Election, to vote on an ad valorem millage increase for operating expenses by the School District as
authorized by Section 10 11.71 (6), Florida Statutes; and
WHEREAS, Section 10 II. 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. . . [.j;" 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:
I. The Board of County Commissioners approves, and authorizes its Chairman to sign this
Resolution to call an election as part of the November 4, 2008 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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2. By taking this action, the Board of County Commissioners makes no comment on the
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
10th day of June, 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, Chairman
Je
Cou
egal sufficiency:
Page 1 of 1
\~I06
Patricia L. Morgan
From:
Sent:
To:
bodinejudi [JudiBodine@colliergov.netj
Monday, June 09, 2008 10:23 AM
Minutes and Records
Subject: School District Referendum.pdf
Attachments: School District Referendum.pdf
Here is additional backup material for the June 10, 2008 Bee meeting agenda item 10G, School Duistrict
Ballot Referendum.
6/9/2008
Item 106
(i)
Memorandum
From:
Board of County Commissioners
Leo Ochs, Jr., Deputy County Manager .~ .0-
To:
Date:
June 6, 2008
Subject:
June 10, 2008 BCC meeting agenda item 10G. (School District Ballot
Referendum)
The Board of County Commissioner's published regular meeting agenda packet for next
Tuesday, Item 10.G., contains a proposed resolution for Board approval directing the
Supervisor of Elections to take appropriate action to place a Collier County School
District millage referendum question on the August 26, 2008 Ballot for the primary
election. The staff Executive Summary notes that the proposed ballot question language
being prepared by the District was not available at the time of agenda publication, as the
precise final language was not yet finalized.
This afternoon, our office has received the enclosed correspondence and proposed
resolution from the School District that contains the final revised ballot question
language. Please note the this updated version of the resolution also requests that the
referendum question be placed on the November 4, 2008 General Election Ballot instead
of the August 26, 2008 Primary Election Ballot
I will be coordinating with the County Attorney's Office to revise the resolution in your
agenda materials to reflect the changes presented by the School District for your action
next Tuesday.
Cc: County Manager
County Attorney
Office of the County Manager
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... Collier COIl~
OFFICE OF THE SUPERINTENDENT
5775 Osceola Trail
Naples. Florida 34109-0919
(239) 377.0212. FAX (239) 377-0206
June 6, 2008
RECEIVED
OFFICE OF THE COUNTY MANAGER
Mr. Jim Mudd
County Manager
3301 E. Tamiami Trail
Naples, FL 34112
JUN 0 G 2008
ACTION
Dear Jim:
Enclosed please find Revised Resolution 08-05 approved by the School Board June 5, 2008.
I am attaching some commonly asked questions about the potential impact of the referendum, and our answers to
those questions for the Commissioners information.
Questions and Answers RE: District School Board of Collier County Proposed Referendum
Q: Will approval of this referendum result in increased taxes for the taxpayer?
A: No, the proposed referendum is tax neutral for the taxpayer, as it simply moves capital funding to the
operating budget.
Q: Does this referendum have any potential impact on the budget of the Collier County Government?
A: No, the School District and Collier County government budgets are separate and independent of each
other.
Q: Will this referendum result in the School District falling behind in providing schools and classrooms for
children?
A: No, the District has been aggressive over the last ten years in building classrooms for growth and Class
Size Reduction. The current Capital Plan provides for all anticipated needs over the four year duration of
the referendum.
Q: Will the resulting decrease in capital funding necessitate an increase in impact fees?
A: No, with the approval of this referendum, all capital facilities can continue to be fully funded and
therefore, will not necessitate an increase to impact fees.
Sincerely,
ct2.. .2.A:_/.s'l4
Dr. Dennis L. Thompson
Superintendent
DL T:dn
Enclosure(s)
COLLIER COUNTY CHARACTER EDUCATION TRAITS
Citizenship Cooperation Honesty Kindness Patriotism Persevenmc8
Respect Responsibility Seff.Control Tolerance
THE COLLIER COUNTY PUBLIC SCHOOl SYSTEM tSAN eQUAL ACCESS I eaUAL OPPORTUNITY INSTITUTION FOR EDUCATION AND EMPLOYMENT.
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RESOLUTION 08-05
(REVISED)
A RESOLUTION OIRECTING 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, and
WHEREAS the Collier County School District has experienced a severe shortfall
in the funding provided by the Florida Legislature for the District's normal operating
expenses during the 2007-2008 fiscal year, and
WHEREAS, under the proposed State of Florida budget for the 2008-2009 school
year, the School District will experience an even more significant drop in the level of
state funding provided for its operations, and
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
WHEREAS, the Collier County School District has made and will continue to
make significant and financially responsible reductions and adjustments in its budgets,
and
WHEREAS, the State of Florida's funding formula does not allow the Collier
County Public Schools to use capital funds for operating expenses except as provided
by Section 1011.71(7) and Section 1011.73 of the Florida Statutes, and
WHEREAS, these laws permit an increase in ad valorem taxes for four (4) years
for operating expenses pursuant to voter referendum, and
WHEREAS, 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 shift,
NOW, THEREFORE, IT IS RESOLVED by the School Board of Collier County,
Florida, in a regular public meeting duly called and assembled that:
1. Pursuant to Section 1011.73 (2), Florida Statutes, the Board of County
Commissioners is hereby directed to call an election as part of the
November 4. 2008 General Election for the qualified electors of the School
District of Collier County, Florida to vote on an ad valorem millage
increase for operating expenses by the School District as authorized by
Section 1011.71 (6), Florida Statutes.
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2. The substance of the millage referendum and the ballot title shall read:
ALLOW TAX-NEUTRAL FLEXIBLE FUNDING
FOR COLLIER COUNTY PUBLIC SCHOOLS
Shall the Collier County School District
(a) reduce ad valorem taxes for capital funding by .25 mills, and
(b) enact ad valorem taxes for operating expenses of .25 mills
(an equal dollar amount),
(c) for a period of up to four years beginning July 1, 2009,
thereby providing more efficient and effective use of public school funding while
remaining tax-neutral?
YES
NO
APPROVED and ADOPTED at a Special Meeting of the School Board of Collier
County, Florida on June 5, 2008.
The School Board of Collier County, Florida
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By: ,~ .' A' ^ J 0.-> d r-! /--&.1/
Linda Abbott, Cha Ir
Attes~ 2~_
ennis L. Thompson, Superintendent
Legal Approval:
~~/tI;;L
School Board Attorney
June 2, 2008