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HomeMy WebLinkAbout2016-050RESOLUTION NO. 2016 -gyp 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 30, 2016 PRIMARY ELECTION. WHEREAS, on May 31, 2016, the School Board of Indian River County passed Resolution 2016-11, providing for the holding of a referendum election to determine if the electors of the School District of Indian River County authorize the School Board of Indian River County to annually levy 0.5 mill for four years; and WHEREAS, the School Board of Indian River County directs the Board of County Commissioners of Indian River County to call for the election, as provided by section 1011.73(2), Florida Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. A referendum is hereby called pursuant to section 1011.73(2), Florida Statutes, on the question set forth in the attached Resolution 2016-11 of the School Board of Indian River County. 2. Indian River County Supervisor of Elections is hereby directed to place such question on the ballot of the August 30, 2016 Primary Election; The foregoing Resolution was offered by Commissioner n;9,,;, and seconded by Commissioner Flescher , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari AYE Vice Chairman Joseph E. Flescher AYF Commissioner Peter D. O'Bryan AYE Commissioner Wesley S. Davis AYE Commissioner Tim Zorc AYF The Chairman thereupon declared the Resolution duly passed and adopted this 7 day of June, 2016. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller B v Dt' Jerk Approved as to form and legal sufficiency: ylan Reingold County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By _aW Bob Solari, Chairman 1-111 1 IN a The School Board of Indian River County, Florida RESOLUTION No.: 2016-11 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 A 0.50 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 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 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 during the 2016-17 Legislative Session, due to legislative policy changes in the Florida Education Finance Program (FEFP) formula, lost in excess $1.4 million in funding. E. The School District's best available data suggests that the District will continue to experience revenue losses in fiscal 2016-17 and beyond. Concerns are further exacerbated when the January 19, 2016 General Revenue Estimating Conference projected approximately $400 million less in state General Revenue for fiscal 20I6-17 than the October 2015 forecast. F. The School District's best available data shows that the January 19, 2016 General Revenue Estimating Conference projects $30.985 billion for fiscal 2017-2018. That is a decrease of about $300 million compared to the General Revenue projected to be available for fiscal 2016-2017. Absent a significant increase in General Revenue or a change in the direction of recent Legislative tax and spending policies, fiscal 2017-2018 may be more lean then 2016-2017, and could include cuts from the fiscal 2016-2017 spending levels. G. The School District's current estimated Taxable Assessed Valuation is $2.1 billion or 12% less than 2007-08 values as a fragile recovery in the State of Florida's economy continues. H. The School District's best available data shows that the 2016-17 statewide education budget that was passed allocates $37.7 million less for Instructional Materials than even the decreased Revised Third Calculation of fiscal year 2007-2008 that is used by the Legislature as the historic high. Transportation funding remains $48.4 million below the Legislative high water mark, and Safe Schools funding remains $11.1 million below the benchmark, all of this despite the enrollment of 177,323 more students than were enrolled in the fiscal year 2007-2008 Revised Third Calculation. Even more remarkable, despite an increase of over $96 million in the ESE Guarantee funding in this year's budget that allocation remains over $55.4 million below the Legislature's chosen high benchmark. The increase of over $61 million provided for the SAI is still over $3 million below the level provided in the Legislature's chosen funding benchmark, despite the addition of a required program that costs almost $53 million despite an enrollment increase of over 177,000 students statewide. I. In August 2012, the electorate of Indian River County approved via ballot referendum an Essential Operating Needs Millage of 0.60 mills for fiscal years 2013/2014, 2014/2015, 2015/2016 and 2016/2017. This voter approved millage referendum generates approximately $8 million per fiscal year for the School District of Indian River County. However, the authority granted for the voter approved millage expires at the end of fiscal 2016/2017. J. The School District needs sufficient revenues to maintain and improve its high quality public schools. K. 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. L. 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. Page 2 of 5 M. The School Board has determined it is in the best interest of the students in Indian River County to submit to the voters the question of approving an ad valorem millage of a 0.50 mill for four (4) years for essential operating needs in order to provide all students with high quality educational opportunities, retain highly qualified teachers, purchase and upgrade technology and supporting infrastructure, and provide funding for the implementation and maintenance of Career and Technical programs N. The School Board has determined that it is in the best interest of the students in Indian River County to share the revenue generated by the 0.50 essential operating needs millage with the charter schools in Indian River County on a pro rata basis, established initially by the recalibrated unweighted full time equivalent (FTE) projection for each charter school and adjusted based upon the recalibrated October and February student survey counts of unweighted full-time equivalent (FTE) students, for each charter school to be used as described in the preceding paragraph. 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, a 0.50 mill shall be levied within Indian River County for essential operating needs of the School District, as defined in the preceding paragraph, for the 2017/2018, 2018/2019, 2019/2020, and 2020/2021 fiscal years, in an effort to preserve essential operations of the School District. 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 30, 2016, at which the electors within the School District may vote on the approval of an ad valorem millage of 0.50 mill for four (4) years as authorized in §1011.73(2), Florida Statutes. SECTION 5. NOTICE OF REFERENDUM ELECTION. In accordance with § 100.342, Florida Statutes, 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 b. 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 levy a 0.50 ad valorem millage for essential operating needs in order to provide high quality educational opportunities, retain highly qualified teachers, purchase and upgrade technology and supporting infrastructure, and implement and maintain Career and Technical programs, beginning July 1, 2017, and ending four fiscal years later, which will replace the existing voter approved 0.60 ad valorem millage that expires 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. Page 4 of 5 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 31 st day of May, 2016, with a quorum present and voting_ ATTEST: 44i'A'1W Mark J. Rend 1, Ed.D., Supc ntendent APPROVED AS TO FORM AND LEGAL SUFF CIENCY: Su2a a D'Agresta, Isquire School Board Attorney THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA By: Uv Dale Simchick, Chairman Page 5 of 5 EXHIBIT A NOTICE OF REFERENDUM ELECTION IN THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA, ON AUGUST 30, 2016 NOTICE IS HEREBY GIVEN THAT A REFERENDUM ELECTION will be held on August 30, 2016, 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 0.5 mill for essential operating needs of the School District for 2017/2018, 2018/2019, 2019/2020, and 2020/2021 fiscal years; all as more specifically described and provided in a Resolution of the School Board of Indian River County, Florida, adopted May 31, 2016, 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. [INSERT RESOLUTION ONCE ADOPTED]