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Agenda 05/12/2020 Item #11A (School Board ballot request)Proposed Agenda Changes Board of County Commissioners Meeting May 12, 2020 Continue Item 11B to the May 26, 2020 BCC Meeting: Recommendation to approve and authorize the Chairman to sign an Agreement with the Florida Gulf Coast University School of Entrepreneurship for programmatic support to the Collier County Accelerator project, in the annual amount of $377,651.29 and authorize the necessary budget amendments. (Commissioner Taylor’s request) Continue Item 16A2 to the May 26, 2020 BCC Meeting: Recommendation to accept a multi-way stop warrant study and approve the removal of a two-way stop control at the intersection of Manatee Road and Roost Road, for a cost of approximately $400 (Cost Center 163630). (Staff’s request) Time Certain Items: Item 11A to be heard immediately following Item 2A Note: Item 11E a separate presentation on the COVID-19 response in Immokalee is scheduled to be heard at 11:00 a.m. (Commissioner Saunders’ request) 5/12/2020 8:40 AM 05/12/2020 EXECUTIVE SUMMARY Recommendation to consider the District School Board of Collier County request to place an item on the August 18, 2020 election ballot for a tax neutral funding shift of capital budget funds to operating budget. OBJECTIVE: To consider the School Boards request for a ballot measure on the August 18, 2020 election ballot to shift funding from its capital budget to its operating budget. CONSIDERATIONS: At the April 21, 2020 meeting of the District School Board of Collier County, the School Board voted unanimously to approve attached Resolution 20-2 directing the County Commission, pursuant to F.S. 1011.73(2), to place an item on the August 18, 2020 election ballot for electors within the school district to approve a change to the ad valorem tax distribution. Due to COVID-19 the School Board has had unforeseen costs related to technology and instructional delivery. The School Board has identified an operation funding shortfall starting in fiscal year 2021. The current State funding formula does not allow Collier County Public Schools flexibility between operation funds and capital funds. This ballot initiative would allow the School Board to address an anticipated budget short fall through a tax neutral funding shift of capital budget fu nds to its operating budget. The referendum lays out the following ballot language: Allow Tax-Neutral Flexible Funding for Collier County Public Schools For a period of up to four years beginning July 2021, shall the Collier County Public Schools enact tax-neutral flexible funding to (a) reduce ad valorem taxes up to .35 mills for capital funding; (b) add ad valorem taxes up to .35 mills for operating expenses; (c) provide charter schools with their proportionate share, as required by law; and (d) maintain high quality staff and programs; all without increasing taxes. Yes _______ No _______ FISCAL IMPACT: There is no immediate fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this Executive Summary LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues with respect to the request, and requires majority vote for approval. No opinion is being given with respect to the form or legality of the ballot initiative itself, which has been reviewed and approved by counsel to the School Board. -JAK RECOMMENDATION: To consider the District School Board of Collier County request to place an item on the August 18, 2020 election ballot for a tax neutral funding shift of capital budget funds to operating budget. Prepared by: Geoff Willig, Senior Operations Analyst County Manager's Office ATTACHMENT(S) 1. Letter to County Commissioners(PDF) 2. Signed Resolution for Referendum 2020 (PDF) 3. FS 1011.73 (DOCX) 11.A Packet Pg. 11 05/12/2020 COLLIER COUNTY Board of County Commissioners Item Number: 11.A Doc ID: 12335 Item Summary: ***This item to be heard immediately following Item 2A*** Recommendation to consider the District School Board of Collier County request to place an item on the August 18, 2020 election ballot for a tax neutral funding shift of capital budget funds to operating budget. (Geoff Willig, Senior Operations Analyst County Manager's Office) Meeting Date: 05/12/2020 Prepared by: Title: Operations Analyst – County Manager's Office Name: Geoffrey Willig 05/05/2020 10:45 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 05/05/2020 10:45 AM Approved By: Review: County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/05/2020 10:58 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/06/2020 9:52 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/12/2020 9:00 AM 11.A Packet Pg. 12 11.A.1 Packet Pg. 13 Attachment: Letter to County Commissioners (12335 : School Board Referendum) 11.A.2 Packet Pg. 14 Attachment: Signed Resolution for Referendum 2020 (12335 : School Board Referendum) 11.A.2 Packet Pg. 15 Attachment: Signed Resolution for Referendum 2020 (12335 : School Board Referendum) 11.A.2 Packet Pg. 16 Attachment: Signed Resolution for Referendum 2020 (12335 : School Board Referendum) The 2019 Florida Statutes Title XLVIII K-20 EDUCATION CODE Chapter 1011 PLANNING AND BUDGETING View Entire Chapter 1011.73 District millage elections.— (1) MILLAGE AUTHORIZED NOT TO EXCEED 2 YEARS.—The district school board, pursuant to resolution adopted at a regular meeting, shall direct the county commissioners to call an election at which the electors within the school districts may approve an ad valorem tax millage as authorized in s. 9, Art. VII of the State Constitution. Such election may be held at any time, except that not more than one such election shall be held during any 12-month period. Any millage so authorized shall be levied for a period not in excess of 2 years or until changed by another millage election, whichever is the earlier. In the event any such election is invalidated by a court of competent jurisdiction, such invalidated election shall be considered not to have been held. (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.—The district school board, pursuant to resolution adopted at a regular meeting, shall direct the county commissioners to call an election at which the electors within the school district may approve an ad valorem tax mill age as authorized under s. 1011.71(9). Such election may be held at any time, except that not more than one such election shall be held during any 12-month period. Any millage so authorized shall be levied for a period not in excess of 4 years or until changed by another millage election, whichever is earlier. If any such election is invalidated by a court of compete nt jurisdiction, such invalidated election shall be considered not to have been held. (3) HOLDING ELECTIONS.—All school district millage elections shall be held and conducted in the manner prescribed by law for holding general elections, except as provided in this chapter. (4) FORM OF BALLOT.— (a) The district school board may propose a single millage or two millages, with one for operating expenses and another for a local capital improvement reserve fund. When two millage figures are proposed, each millage must be voted on separately. (b) The district school board shall provide the wording of the substance of the measure and the ballot title in the resolution calling for the election. The wording of the ballot must conform to the provisions of s. 101.161. (5) QUALIFICATION OF ELECTORS.—All qualified electors of the school district are entitled to vote in the election to set the school tax district millage levy. (6) RESULTS OF ELECTION.—When the district school board proposes one tax levy for operating expenses and another for the local capital improvement reserve fund, the results shall be considered separately. The tax levy shall be levied only in case a majority of the electors participating in the election vote in favor of the proposed special millage. 11.A.3 Packet Pg. 17 Attachment: FS 1011.73 (12335 : School Board Referendum) (7) EXPENSES OF ELECTION.—The cost of the publication of the notice of the election and all expenses of the election in the school district shall be paid by the district school board. History.—s. 666, ch. 2002-387; s. 5, ch. 2007-194; s. 12, ch. 2008-142; s. 130, ch. 2010-5; s. 31, ch. 2010-154. 11.A.3 Packet Pg. 18 Attachment: FS 1011.73 (12335 : School Board Referendum)