Loading...
HomeMy WebLinkAbout2012-04341 RESOLUTION 2012- 043 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO CALL AN ELECTION FOR A REFERENDUM TO BE PLACED ON THE BALLOT OF THE AUGUST 14, 2012 PRIMARY ELECTION. WHEREAS, the School Board of Indian River County, on May 8, 2012, passed Resolution No. 2012-07 Providing for the Holding of a Referendum Election to Determine if the Electors of the School District of Indian River County, Florida Authorize the School Board to Annually Levy 0.6 Mill for Four (4) Years for Essential Operating Needs (Exhibit A); and WHEREAS, the School Board Resolution directs the Indian River County Board of County Commissioners to call for the election, as provided under section 1011.73(2), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: A referendum is hereby called pursuant to section 1011.73(2), Florida Statutes, on the question set forth in the attached Resolution of the School Board of Indian River County and the Indian River County Supervisor of Elections is hereby directed to place such question on the Ballot of the August 14, 2012 Primary Election. The resolution was moved for adoption by Commissioner o'Bryan , and the motion was seconded by Commissioner Solari and, upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Nay Vice Chairman Peter D. O'Bryan Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Bob Solari Aye The Chairman thereupon declared the resolution duly passed and adopted this 15 'day of May , 2012. Attest: J. K. Barton, Clerk INDIAN RIVER COUNTY . ..pMj{ZttS ,oard of County Commissioners By Deputy Clerk ° * GW eler, Chairman %4209 � •.oQf: .i41%FR COUN�Jh RESOLUTION 2012- 043 Approved for form and legal BCC approval date: May15, 2012 sufficiency: Aan S. Polackwich, Sr. County Attorney The School Board of Indian River County, Florida RESOLUTION No.: 2012-07 A RESOLUTION OF THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, ORDERING AND PROVIDING FOR THE HOLDING OF A REFERENDUM ELECTION TO DETERMINE IF THE ELECTORS OF THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZE THE SCHOOL BOARD TO ANNUALLY LEVY 0.6 MILL FOR FOUR (4) YEARS FOR ESSENTIAL OPERATING NEEDS; PROVIDING FOR NOTICE OF THE REFERENDUM ELECTION; PROVIDING FOR PLACES OF VOTING, INSPECTORS, AND CLERKS; PROVIDING FOR AN OFFICIAL BALLOT; PROVIDING FOR ABSENTEE VOTING; PROVIDING FOR EARLY VOTING; PROVIDING FOR PRINTING OF BALLOTS; PROVIDING FOR THE REFERENDUM ELECTION PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED by The School Board of Indian River County, Florida ("School Board"), acting as the governing body of the School District of Indian River County, Florida ("School District"), as follows: SECTION 1. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to Section 1011.73(2), Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. The School Board hereby finds and determines as follows: A. The State of Florida has made significant budget reductions to the education funding formula since the 2007-2008 fiscal year. B. All School Boards in the State of Florida, including this School Board, have experienced drastic funding reductions while operating expenses continue to rise. C. The School District has experienced operating budget shortfalls impacting the instructional needs of our students. D. The School District recognized revenue losses from the 2007-2008 fiscal year to the 2011-2012 fiscal year equivalent to a per pupil decrease of more than 12% in total funding. E. The School District has experienced a decline of more than $18.4 million dollars or 37% in state revenues since fiscal year 2007/08. F. The School District has experienced a decline of more than $29.3 million dollars or 20% in local revenues since fiscal year 2007/08. G. The School District continues to experience a severe 6% reduction in property values for the 2011-2012 fiscal year, and there is every indication this decline will continue in the 2012-2013 fiscal year and beyond. H. The School District received nearly $9 million dollars per year for fiscal years 2009/10 and 2010/11 in federal stimulus funding. In addition, the School District received $3.6 million dollars in federal "edujobs" funding in fiscal year 2010/11. These funds were appropriated by the federal government and specifically designed to partially offset the loss in local and state revenues due to the deepening economic recession. However, the School District no longer receives these federal dollars after the 2010/11 fiscal year. I. In November 2010, the electorate of Indian River County approved via ballot referendum a Critical Operating Needs Millage of 0.25 mills for fiscal years 2011/12 and 2012/13. This voter approved millage referendum generates approximately $3 million for the School District of Indian River County. However, the authority granted for the voter approved millage expires at the end of fiscal 2012/13. J. In November of 1990, the electorate of Indian River County, approved via ballot referendum a General Obligation Bond of $61.4 million for the construction of a north county high school and a south county middle school, acquisition of a site for a south county high and middle school, improving and remodeling of the District's elementary and middle schools including a special education center, and connecting several schools to water and sewer infrastructure. This voter approved general obligation bond millage, currently set at 0.35 mills, generates approximately $4 million for the School District of Indian River County. However, the authority granted for the voter approved millage, expires at the end of fiscal 2012/13 when the final payment on the bond obligation will be made. K. The School District needs sufficient revenues to maintain and improve its high quality public schools. L. Section 1011.73(2), Florida Statutes, provides electoral authorization of ad valorem millage for four (4) years for operating purposes pursuant to a voter referendum. M. Section 1011.71(9), Florida Statutes, authorizes a School District to levy, by local referendum, additional millage for school operational purposes up to an amount that, when combined with the non -voted millage levy, does not exceed the 10 mill limit established under the Florida Constitution. N. The School Board has determined that it is in the best interests of the students in Indian River County to submit to the voters the question of approving an ad valorem millage continuation of 0.6 mill for essential operating needs such as teachers, instructional materials, Page 2 of 5 and technology in order to provide all students with high quality educational opportunities beginning July 1, 2013, and ending four (4) fiscal years later on June 30, 2017, with annual reporting to the citizenry. SECTION 3. ESSENTIAL OPERATING MILLAGE. Subject to approval by the electors of the School District at a referendum held as provided in Section 1011.73(2), Florida Statutes, an 0.6 mill shall be levied within Indian River County for essential operating needs of the School District, as defined in the preceding paragraph, for the 2013-2014, 2014-2015, 2015- 2016, and 2016-2017 fiscal years, in an effort to preserve critical operations of the School District while enduring declining local and state revenues. SECTION 4. REFERENDUM ELECTION ORDERED. The Board of County Commissioners of Indian River County, Florida is hereby directed to call an election in conjunction with the primary election of August 14, 2012, at which the electors within the School District may vote on the approval of an ad valorem millage of 0.6 mill for four (4) years as authorized in § 1011.73(2), Florida Statutes. SECTION 5. NOTICE OF REFERENDUM ELECTION. The Superintendent is hereby authorized and directed to place a notice of the referendum election in a newspaper of general circulation published in the School District. The publication shall be made at least 30 days prior to the referendum and shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is deemed to be held. The notice of referendum shall be in substantially the form provided in the attached Exhibit A. This Resolution shall be published as a part of such notice. SECTION 6. PLACES OF VOTING; INSPECTORS AND CLERKS. The polls will be open at the voting places on the date of the referendum election. All qualified electors residing within the School District shall be entitled and permitted to vote at the referendum election on the proposition provided in this Resolution. The places, manner and procedures of voting and the inspectors and clerks of the referendum election shall be those designated by the Supervisor of Elections of Indian River County in accordance with law. Page 3 of 5 SECTION 7. OFFICIAL BALLOT. The ballots to be used in the referendum election shall be in substantially the following form: The School District of Indian River County, Florida Essential Operating Needs Referendum Election Shall the School District 0.60 ad valorem millage be continued for essential operating needs such as teachers, instructional materials, and technology in order to provide all students with high quality educational opportunities beginning July 1, 2013, and ending four (4) fiscal years later on June 30, 2017, with annual reporting to the citizenry? YES FOR APPROVAL NO FOR REJECTION SECTION 8. ABSENTEE VOTING. The Supervisor of Elections shall make adequate provision in accordance with law and procedures lawfully enacted by the Supervisor for voting by absentee voters. The form of ballots to be used in the referendum election by and for absentee voters shall be the same as used in the polling places for the referendum election. SECTION 9. EARLY VOTING. The Supervisor of Elections shall make provision in accordance with the established procedures of that office for participation by the voters in early voting. The form of ballots to be used in the referendum election for early voting shall be the same as used in the polling places for the election. SECTION 10. PRINTING OF BALLOTS. The Supervisor of Elections of Indian River County shall print on plain white paper a sufficient number of the ballots for use of absentee electors and early voters entitled to cast ballots in the referendum election; to have printed sample ballots and deliver the sample ballots to the inspectors and clerks on or before the date and time for opening of the polls for the referendum election; and to make appropriate arrangements for the conduct of the election at the polling places specified. SECTION 11. REFERENDUM ELECTION PROCEDURE. The Supervisor of Elections of Indian River County shall hold, administer, and conduct the referendum election in the manner prescribed by law for holding elections in the School District. Returns shall show the number of qualified electors who voted at the referendum election on the proposition and the number of votes cast respectively for and against approval of the proposition. The returns shall be canvassed in accordance with law. SECTION 12. SEVERABILITY. In the event that any word, phrase, clause, sentence, or paragraph of this Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence, or paragraph. SECTION 13. REPEALING CLAUSE. All Resolutions in conflict or inconsistent with this Resolution are repealed insofar as there is conflict or inconsistency. Page 4 of 5 SECTION 14. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. ADOPTED at a duly noticed public meeting. of The School Board of Indian River County, Florida, the 81" day of May, 2012, with a quorum present and voting. ATTEST: Frances J. Adams, Ed ., Superintendent THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA By: P24 Je re R. Pegler, Chairman Page 5 of 5 0.14111;30041 NOTICE OF REFERENDUM ELECTION IN THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA, ON AUGUST 14, 2012 NOTICE IS HEREBY GIVEN THAT A REFERENDUM ELECTION will be held on August 14, 2012, in the School District of Indian River County, Florida, for the purpose of determining whether or not the electors in the School District approve the levy of 0.6 mill for essential operating needs of the School District for 2013-2014, 2014-2015, 2015-2016, and 2016-2017 fiscal years; all as more specifically described and provided in a Resolution of the School Board of Indian River County, Florida, adopted May 8, 2012, and published below. The polls will be open at the voting places on the date of the referendum election and absentee voting and early voting will be available for the referendum election, all as provided in the Resolution published below. All qualified electors residing within the School District shall be entitled, qualified, and permitted to vote at the referendum election. The School Board of Indian River County, Florida RESOLUTION No.: 2012-07 A RESOLUTION OF THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, ORDERING AND PROVIDING FOR THE HOLDING OF A REFERENDUM ELECTION TO DETERMINE IF THE ELECTORS OF THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZE THE SCHOOL BOARD TO ANNUALLY LEVY 0.6 MILL FOR FOUR (4) YEARS FOR ESSENTIAL OPERATING NEEDS; PROVIDING FOR NOTICE OF THE REFERENDUM ELECTION; PROVIDING FOR PLACES OF VOTING, INSPECTORS, AND CLERKS; PROVIDING FOR AN OFFICIAL BALLOT; PROVIDING FOR ABSENTEE VOTING; PROVIDING FOR EARLY VOTING; PROVIDING FOR PRINTING OF BALLOTS; PROVIDING FOR THE REFERENDUM ELECTION PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED by The School Board of Indian River County, Florida ("School Board"), acting as the governing body of the School District of Indian River County, Florida ("School District"), as follows: SECTION 1. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to Section 1011.73(2), Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. The School Board hereby finds and determines as follows: A. The State of Florida has made significant budget reductions to the education funding formula since the 2007-2008 fiscal year. B. All School Boards in the State of Florida, including this School Board, have experienced drastic funding reductions while operating expenses continue to rise. C. The School District has experienced operating budget shortfalls impacting the instructional needs of our students. D. The School District recognized revenue losses from the 2007-2008 fiscal year to the 2011-2012 fiscal year equivalent to a per pupil decrease of more than 12% in total funding. E. The School District has experienced a decline of more than $18.4 million dollars or 37% in state revenues since fiscal year 2007/08. F. The School District has experienced a decline of more than $29.3 million dollars or 20% in local revenues since fiscal year 2007/08. G. The School District continues to experience a severe 6% reduction in property values for the 2011-2012 fiscal year, and there is every indication this decline will continue in the 2012-2013 fiscal year and beyond. H. The School District received nearly $9 million dollars per year for fiscal years 2009/10 and 2010/11 in federal stimulus funding. In addition, the School District received $3.6 million dollars in federal "edujobs" funding in fiscal year 2010/11. These funds were appropriated by the federal government and specifically designed to partially offset the loss in local and state revenues due to the deepening economic recession. However, the School District no longer receives these federal dollars after the 2010/11 fiscal year. I. In November 2010, the electorate of Indian River County approved via ballot referendum a Critical Operating Needs Millage of 0.25 mills for fiscal years 2011/12 and 2012/13. This voter approved millage referendum generates approximately $3 million for the School District of Indian River County. However, the authority granted for the voter approved millage expires at the end of fiscal 2012/13. J. In November of 1990, the electorate of Indian River County, approved via ballot referendum a General Obligation Bond of $61.4 million for the construction of a north county high school and a south county middle school, acquisition of a site for a south county high and middle school, improving and remodeling of the District's elementary and middle schools including a special education center, and connecting several schools to water and sewer infrastructure. This voter approved general obligation bond millage, currently set at 0.35 mills, generates approximately $4 million for the School District of Indian River County. However, the authority granted for the voter approved millage, expires at the end of fiscal 2012/13 when the final payment on the bond obligation will be made. K. The School District needs sufficient revenues to maintain and improve its high quality public schools. L. Section 1011.73(2), Florida Statutes, provides electoral authorization of ad valorem millage for four (4) years for operating purposes pursuant to a voter referendum. M. Section 1011.71(9), Florida Statutes, authorizes a School District to levy, by local referendum, additional millage for school operational purposes up to an amount that, when combined with the non -voted millage levy, does not exceed the 10 mill limit established under the Florida Constitution. N. The School Board has determined that it is in the best interests of the students in Indian River County to submit to the voters the question of approving an ad valorem millage continuation of 0.6 mill for four (4) years for essential operating needs such as teachers, instructional materials, and technology in order to provide all students with high quality educational opportunities beginning July 1, 2013, and ending four (4) fiscal years later on June 30, 2017, with annual reporting to the citizenry. SECTION 3. ESSENTIAL OPERATING NIILLAGE. Subject to approval by the electors of the School District at a referendum held as provided in Section 1011.73(2), Florida Statutes, an 0.6 mill shall be levied within Indian River County for essential operating needs of the School District, as defined in the preceding paragraph, for the 2013-2014, 2014-2015, 2015-2016, and 2016-2017 fiscal years, in an effort to preserve critical operations of the School District while enduring declining local and state revenues. SECTION 4. REFERENDUM ELECTION ORDERED. The Board of County Commissioners of Indian River County, Florida is hereby directed to call an election in conjunction with the primary election of August 14, 2012, at which the electors within the School District may vote on the approval of an ad valorem millage of 0.6 mill for four (4) years as authorized in §1011.73(2), Florida Statutes. SECTION 5. NOTICE OF REFERENDUM ELECTION. The Superintendent is hereby authorized and directed to place a notice of the referendum election in a newspaper of general circulation published in the School District. The publication shall be made at least 30 days prior to the referendum and shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is deemed to be held. The notice of referendum shall be in substantially the form provided in the attached Exhibit A. This Resolution shall be published as a part of such notice. SECTION 6. PLACES OF VOTING; INSPECTORS AND CLERKS. The polls will be open at the voting places on the date of the referendum election. All qualified electors residing within the School District shall be entitled and permitted to vote at the referendum election on the proposition provided in this Resolution. The places, manner and procedures of voting and the inspectors and clerks of the referendum election shall be those designated by the Supervisor of Elections of Indian River County in accordance with law. SECTION 7. OFFICIAL BALLOT. The ballots to be used in the referendum election shall be in substantially the following form: The School District of Indian River County, Florida Essential Operating Needs Referendum Election Shall the School District 0.60 ad valorem millage be continued for essential operating needs such as teachers, instructional materials, and technology in order to provide all students with high quality educational opportunities beginning July 1, 2013, and ending four (4) fiscal years later on June 30, 2017, with annual reporting to the citizenry? YES FOR APPROVAL NO FOR REJECTION SECTION 8. ABSENTEE VOTING. The Supervisor of Elections shall make adequate provision in accordance with law and procedures lawfully enacted by the Supervisor for voting by absentee voters. The form of ballots to be used in the referendum election by and for absentee voters shall be the same as used in the polling places for the referendum election. SECTION 9. EARLY VOTING. The Supervisor of Elections shall make provision in accordance with the established procedures of that office for participation by the voters in early voting. The form of ballots to be used in the referendum election for early voting shall be the same as used in the polling places for the election. SECTION 10. PRINTING OF BALLOTS. The Supervisor of Elections of Indian River County shall print on plain white paper a sufficient number of the ballots for use of absentee electors and early voters entitled to cast ballots in the referendum election; to have printed sample ballots and deliver the sample ballots to the inspectors and clerks on or before the date and time for opening of the polls for the referendum election; and to make appropriate arrangements for the conduct of the election at the polling places specified. SECTION 11. REFERENDUM ELECTION PROCEDURE. The Supervisor of Elections of Indian River County shall hold, administer, and conduct the referendum election in the manner prescribed by law for holding elections in the School District. Returns shall show the number of qualified electors who voted at the referendum election on the proposition and the number of votes cast respectively for and against approval of the proposition. The returns shall be canvassed in accordance with law. SECTION 12. SEVERABILITY. In the event that any word, phrase, clause, sentence, or paragraph of this Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence, or paragraph. SECTION 13. REPEALING CLAUSE. All Resolutions in conflict or inconsistent with this Resolution are repealed insofar as there is conflict or inconsistency. SECTION 14. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. ADOPTED at a duly noticed public meeting. of The School Board of Indian River County, Florida, the 81h day of May, 2012, with a quorum present and voting. THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA By: e ey R. Pegler, Chairman.' ATTEST: FrancesAd s, Ed.D., Superm