THE SCHOOL DISTRICT OF OSCEOLA COUNTY, FLORIDA DR. DEBRA PACE, SUPERINTENDENT 817 Bill Beck Boulevard Kissimmee Florida 34744-4492 PHONE: (407) 870-4600 FAX: (407) 870-4010 www.osceolaschools.net SCHOOL BOARD MEMBERS Jay Wheeler District 1 Kissimmee 407-973-4141 Kelvin Soto District 2 Kissimmee 407-361-2462 Tim Weisheyer District 3 Kissimmee 407-361-0235 Meeting Time: 3:00 P.M. CALL TO ORDER Invocation Pledge of Allegiance Mission Statement SCHOOL BOARD AGENDA Special Board Meeting Monday, August 8, 2016 Clarence Thacker Chairman District 4 Kissimmee 407-361-7906 Ricky Booth Vice-Chair District 5 St. Cloud 407-818-9464 REGULAR AGENDA I. Consider the adoption of a Resolution of the School Board of Osceola County calling for a referendum election to determine if the electors of the School District of Osceola authorize the levy of a half-cent of a school capital outlay surtax on sales in Osceola, Florida, for critical school facilities renewal, school security and technological upgrades. II. ADJOURN ADMINISTRATIVE COMPLEX OFFICES: Alternative Programs 2320 New Beginnings Road Kissimmee, FL 34744 PHONE: 407-343-8713 FAX: 407-343-8776 Exceptional Student Education 805 Bill Beck Boulevard Kissimmee, FL 34744-4495 PHONE: 407-343-8700 FAX: 407-343-8775 Facilities 809 Bill Beck Boulevard Kissimmee, FL 34744-4495 PHONE: 407-518-2964 FAX: 407-518-2985 Professional Development 2320 New Beginnings Road Kissimmee, FL 34744 PHONE: 407-518-2940 FAX: 407-518-2988 Student Services 1200 Vermont Avenue St. Cloud, FL 34769 PHONE: 407-870-4897 FAX: 407-870-4629 MISSION STATEMENT The mission of the School District of Osceola County, Florida is education which inspires all to their highest potential. NOTICES In accordance with Florida Statute 286.0105: Any person wishing to appeal any decision made by the School Board with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and that, for such purpose, may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is made. In accordance with Americans with Disabilities Act (Florida Statute 286.26), persons needing assistance to participate in any of these proceedings should contact the Office of the Superintendent, 817 Bill Beck Boulevard, Kissimmee, FL 34744, (407)870-4008, and prior to the meetings. 1
RESOLUTION 17-020 A RESOLUTION OF THE SCHOOL BOARD OF OSCEOLA COUNTY, FLORIDA, CALLING FOR A REFERENDUM ELECTION TO DETERMINE IF THE ELECTORS OF THE SCHOOL DISTRICT OF OSCEOLA COUNTY, FLORIDA, AUTHORIZE THE SCHOOL BOARD TO LEVY A ONE-HALF CENT SCHOOL CAPITAL OUTLAY SURTAX ON SALES IN OSCEOLA COUNTY, FLORIDA FOR CRITICAL SCHOOL FACILITIES RENEWAL, SCHOOL SECURITY AND TECHNOLOGY UPGRADES, 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 REFERENDUM ELECTION PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR SUBESEQUENT PROCEDURES POST-ADOPTION OF THIS RESOLUTION; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the School Board of Osceola County, Florida ( School Board ), acting as the governing body of the School District of Osceola County, Florida ( School District ), as follows: SECTION 1 AUTHORITY FOR RESOLUTION: This resolution is adopted pursuant to Section 212.055(6), Florida Statutes, and other applicable provisions of law. SECTION 2 FINDINGS: The Board, as the governing body of the School District, pursuant to Article IX, Section 4(b), Florida Constitution and Sections 1001.32(2) and 1001.40, Florida Statutes, hereby finds and determines the following: A. The School Board has experienced drastic funding reductions in recent years related to capital expenditures and fixed capital costs associated with the construction, renovation and renewal of school facilities and school sites; school security access control and funding for technology needs, including infrastructure, refreshment, acquisition, and implementation of hardware and software. B. That Section 212.055(6) of the Florida Statutes authorizes the levy of a one-half cent school capital outlay Sales Surtax for the purposes of funding school projects in capital outlay, school security and technology needs, upon approval by a majority vote of the electors of Osceola County. Proceeds will be used for critical improvements to school facilities, school security and technology needs. C. That the levy of a one-half cent school capital outlay Sales Surtax as authorized by Section 212.055(6), Florida Statutes, for a period of years, Page 1 Resolution 17-020 2
commencing on January 1, 2017 and terminating on December 31, 20 is necessary for the School Board to provide sufficient funds to sustain $ Billion worth of facility assets with an average age of years. D. That the levy of a one-half cent school capital outlay Sales Surtax is subject to approval by the electors of Osceola County at a referendum held as provided in Section 212.055(6), Florida Statutes, and if approved is hereby levied and shall be collected as authorized in the manner required by law. E. To ensure proper fiscal stewardship of the Sales Surtax proceeds, an oversight committee comprised of independent citizens will be appointed by the School Board. Annual reporting of the status of projects funded utilizing these funds will be presented to the School Board and School Board s Audit Advisory Committee and shall be available for public review. SECTION 3 PLAN FOR USE OF SALES SURTAX PROCEEDS: The proceeds of the School capital outlay Sales Surtax, as authorized by Section 212.055(6), Florida Statutes, shall be used to provide critical improvements to school facilities, school security and technology needs. These school capital outlay projects are identified in the Plan for Use of Sales Surtax Proceeds that is attached hereto and incorporated herein as Exhibit A. SECTION 4 CONTINUING LEVY OF SCHOOL CAPITAL OUTLAY SALES SURTAX: Subject to approval by the electors of Osceola County at a referendum held as provided in Section 212.055(6), Florida Statutes, a one-half cent school capital outlay Sales Surtax shall be levied by the School Board and the same shall be hereby levied for the period commencing January 1, 2017, and ending December 31, 20, and will be collected as authorized in the manner required by law. SECTION 5 REFERENDUM ELECTION IS ORDERED: The Board of County Commissioners in and for Osceola County, Florida is hereby requested to place the required referendum election on the ballot of the general election to be held on November 8, 2016. SECTION 6 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 Osceola County. The publication shall be made at least 30 days prior to the referendum and shall be made at least twice, one in the fifth week and one 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 B. This Resolution shall be published as a part of such notice. SECTION 7 PLACES OF VOTING, INSPECTORS AND CLERKS: The Osceola County polls will be open at the voting places on the date of the referendum election from at least 7:00 a.m. until 7:00 p.m. All qualified electors residing within Page 2 Resolution 17-020 3
Osceola County shall be entitled and permitted to vote at the referendum election on the proposition provided in this Resolution. The places of voting and the inspectors and clerks of the referendum election shall be those designated by the Supervisor of Elections of Osceola County in accordance with law. SECTION 8 OFFICIAL BALLOT: The ballots to be used in the referendum election shall contain a statement relating to the authority of the School Board of Osceola County, Florida, to levy a one-half cent capital outlay Sales Surtax for the period of January 1, 2017 to December 31, 20 and shall be in substantially the following form: OFFICIAL BALLOT ONE-HALF CENT SALES SURTAX FOR CRITICAL SCHOOL FACILITIES RENEWAL, SCHOOL SECURITY AND TECHNOLOGY UPGRADES Would you support the School Board levying a one-half cent surtax on sales in Osceola County, beginning 1/1/17, for a period of years, to be used exclusively for critical school facility projects, including new construction to keep up with student growth in light of constitutionally mandated limits on class-size, renewal and renovation school facility projects, school security and technology upgrades? A needs-based prioritized list of projects has been published, and expenditures will be monitored by an independent citizen oversight committee. FOR THE ONE-HALF CENT TAX AGAINST THE ONE-HALF CENT TAX SECTION 9 ABSENTEE VOTING: Adequate provision shall be made for absentee voters. The form of ballots to be used in the referendum for absentee voters shall be the same as used in the polling places for the election. SECTION 10 EARLY VOTING: Adequate provision shall be made for early voting, to run continuously on those dates scheduled for early voting, including dates and times, by the Supervisor of Elections of Osceola County prior to the general election to be held on November 8, 2016. The form of ballots to be used in the referendum for early voting shall be the same as those used in the polling places for the election. SECTION 11 - PRINTING OF BALLOTS: The Supervisor of Elections of Osceola County is authorized and directed to have printed on plain white paper a sufficient number of the ballots for use by absentee electors and early voters entitled to cast ballots in the referendum election; to have printed sample ballots and to 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. Page 3 Resolution 17-020 4
SECTION 12 - REFERENDUM ELECTION PROCEDURE: The Supervisor of Elections of Osceola County shall hold, administer, and conduct the referendum election in the manner prescribed by law for holding elections in Osceola County. 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 13 - 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, which shall remain in full force and effect. SECTION 14 - REPEALING CLAUSE: All Resolutions in conflict or inconsistent with this Resolution are repealed insofar as there is conflict or inconsistency. SECTION 15 CONDITION WITH DEADLINE TO WITHDRAW THIS RESOLUTION AND ANY SPECIAL ELECTION SET BY THE BOARD OF COUNTY COMMISSIONERS IN AND FOR OSCEOLA COUNTY: This Resolution and any special election set by the Board of County Commissioners shall be subject to withdrawal by a majority vote of the Members of the School Board of Osceola County so long as such vote by Resolution to withdraw and cancel the referendum election is adopted by the School Board of Osceola County on or before September 6, 2016, written notice shall be provided to both the Supervisor of Elections and to the Board of County Commissioners if this referendum election is voted by majority of the Members of the School Board and the referendum election as provided for herein is in fact voted to be withdrawn. Notwithstanding the foregoing, this Resolution is binding and the referendum election is set as provided for in Section 212.055(6), Florida Statutes. SECTION 16 - EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. BY ROLL CALL VOTE, for or against this proposition and Resolution: Clarence Thacker, Chairman Ricky Booth, Vice Chairman Jay Wheeler Tim Weisheyer Kelvin Soto Page 4 Resolution 17-020 5
ADOPTED at a Special Meeting of the School Board of Osceola County, Florida, this 8 th day of August, 2016, with a quorum present and voting. SCHOOL BOARD OF OSCEOLA COUNTY, FLORIDA Attest: By: Clarence Thacker, Chair Dr. Debra P. Pace, Superintendent Of Schools and Ex Officio Secretary to the School Board of Osceola County, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Usher L. Brown, Attorney School Board of Osceola County, Florida Page 5 Resolution 17-020 6
EXHIBIT A PLAN FOR USE OF SALES SURTAX PROCEEDS 1. Pursuant to Section 212.055(6) Florida Statutes, capital improvements to be funded by proceeds of the Sales Surtax shall be for: a. fixed capital expenditures or fixed capital costs associated with the renovation or renewal of school facilities and campuses which have a useful life expectancy of five or more years, including land improvement, design, and engineering costs related thereto; b. fixed capital expenditures or fixed capital costs associated with the acquisition of land and the development and construction of new school facilities and essential educational facilities in Osceola County, as well as land improvement, design and engineering costs related thereto; c. additional access control systems for school security; and d. funding of technology needs, including hardware and software, for various sites within the School District. 2. Scope of the projects based on a detailed assessment of the facility condition and providing for a safe and appropriate learning environment. 3. Prioritization of the projects will be determined by application of objective criteria, including facility condition assessment, system critical ranking in terms and order of system needs and critical priority assessment based upon accepted objective criteria. 4. To ensure proper fiscal stewardship of the Sales Surtax proceeds, an oversight committee comprised of independent citizens will be appointed by the School Board. Annual reporting of the status of projects funded utilizing these funds will be presented to the School Board and School Board Audit Advisory Committee on an annual basis, and shall be available for public review. Page 6 Resolution 17-020 7
EXHIBIT B NOTICE OF REFERENDUM ELECTION IN THE SCHOOL DISTRICT OF OSCEOLA COUNTY, FLORIDA ON NOVEMBER 8, 2016 NOTICE IS HEREBY GIVEN THAT A REFERENDUM ELECTION will be held on November 8, 2016, in the School District of Osceola County, Florida, for the purpose of determining whether or not the electors in Osceola County approve levying a one-half cent school capital outlay surtax on sales in Osceola County, Florida, for a period of years, as specifically described and provided in a Resolution of the School Board of Osceola County, Florida, adopted August 8, 2016, and published below. The polls will be open at the voting place on the date of the referendum election from at least 7:00 a.m. until 7:00 p.m. on November 8, 2016, absentee voting and early voting will be available and held on such dates and times as prescribed and conducted by the Supervisor of Elections for Osceola County in connection with the general election to be held on November 8, 2016, all as provided in the Resolution published below. All qualified electors residing within Osceola County shall be entitled, qualified, and permitted to vote at the referendum election. ***** RESOLUTION 17-020 A RESOLUTION OF THE SCHOOL BOARD OF OSCEOLA COUNTY, FLORIDA, CALLING FOR A REFERENDUM ELECTION TO DETERMINE IF THE ELECTORS OF THE SCHOOL DISTRICT OF OSCEOLA COUNTY, FLORIDA, AUTHORIZE THE SCHOOL BOARD TO LEVY A ONE-HALF CENT SCHOOL CAPITAL OUTLAY SURTAX ON SALES IN OSCEOLA COUNTY, FLORIDA FOR CRITICAL SCHOOL FACILITIES RENEWAL, SCHOOL SECURITY AND TECHNOLOGY UPGRADES, 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 REFERENDUM ELECTION PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR SUBESEQUENT PROCEDURES POST-ADOPTION OF THIS RESOLUTION; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the School Board of Osceola County, Florida ( School Board ), acting as the governing body of the School District of Osceola County, Florida ( School District ), as follows: SECTION 1 AUTHORITY FOR RESOLUTION: This resolution is adopted pursuant to Section 212.055(6), Florida Statutes, and other applicable provisions of law. Page 7 Resolution 17-020 8
SECTION 2 FINDINGS: The Board, as the governing body of the School District, pursuant to Article IX, Section 4(b), Florida Constitution and Sections 1001.32(2) and 1001.40, Florida Statutes, hereby finds and determines the following: A. The School Board has experienced drastic funding reductions in recent years related to capital expenditures and fixed capital costs associated with the construction, renovation and renewal of school facilities and school sites; school security access control and funding for technology needs, including infrastructure, refreshment, acquisition, and implementation of hardware and software. B. That Section 212.055(6) of the Florida Statutes authorizes the levy of a one-half cent school capital outlay Sales Surtax for the purposes of funding school projects in capital outlay, school security and technology needs, upon approval by a majority vote of the electors of Osceola County. Proceeds will be used for critical improvements to school facilities, school security and technology needs. C. That the levy of a one-half cent school capital outlay Sales Surtax as authorized by Section 212.055(6), Florida Statutes, for a period of years, commencing on January 1, 2017 and terminating on December 31, 20 is necessary for the School Board to provide sufficient funds to sustain $ Billion worth of facility assets with an average age of years. D. That the levy of a one-half cent school capital outlay Sales Surtax is subject to approval by the electors of Osceola County at a referendum held as provided in Section 212.055(6), Florida Statutes, and if approved is hereby levied and shall be collected as authorized in the manner required by law. E. To ensure proper fiscal stewardship of the Sales Surtax proceeds, an oversight committee comprised of independent citizens will be appointed by the School Board. Annual reporting of the status of projects funded utilizing these funds will be presented to the School Board and School Board s Audit Advisory Committee and shall be available for public review. SECTION 3 PLAN FOR USE OF SALES SURTAX PROCEEDS: The proceeds of the School capital outlay Sales Surtax, as authorized by Section 212.055(6), Florida Statutes, shall be used to provide critical improvements to school facilities, school security and technology needs. These school capital outlay projects are identified in the Plan for Use of Sales Surtax Proceeds that is attached hereto and incorporated herein as Exhibit A. SECTION 4 CONTINUING LEVY OF SCHOOL CAPITAL OUTLAY SALES SURTAX: Subject to approval by the electors of Osceola County at a referendum held as provided in Section 212.055(6), Florida Statutes, a one-half cent school capital outlay Sales Surtax shall be levied by the School Board and the same shall be hereby levied for the period commencing January 1, 2017, and ending December 31, 20, and will be collected as authorized in the manner required by law. Page 8 Resolution 17-020 9
SECTION 5 REFERENDUM ELECTION IS ORDERED: The Board of County Commissioners in and for Osceola County, Florida is hereby requested to place the required referendum election on the ballot of the general election to be held on November 8, 2016. SECTION 6 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 Osceola County. The publication shall be made at least 30 days prior to the referendum and shall be made at least twice, one in the fifth week and one 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 B. This Resolution shall be published as a part of such notice. SECTION 7 PLACES OF VOTING, INSPECTORS AND CLERKS: The Osceola County polls will be open at the voting places on the date of the referendum election from at least 7:00 a.m. until 7:00 p.m. All qualified electors residing within Osceola County shall be entitled and permitted to vote at the referendum election on the proposition provided in this Resolution. The places of voting and the inspectors and clerks of the referendum election shall be those designated by the Supervisor of Elections of Osceola County in accordance with law. SECTION 8 OFFICIAL BALLOT: The ballots to be used in the referendum election shall contain a statement relating to the authority of the School Board of Osceola County, Florida, to levy a one-half cent capital outlay Sales Surtax for the period of January 1, 2017 to December 31, 20 and shall be in substantially the following form: OFFICIAL BALLOT ONE-HALF CENT SALES SURTAX FOR CRITICAL SCHOOL FACILITIES RENEWAL, SCHOOL SECURITY AND TECHNOLOGY UPGRADES Would you support the School Board levying a one-half cent surtax on sales in Osceola County, beginning 1/1/17, for a period of years, to be used exclusively for critical school facility projects, including new construction to keep up with student growth in light of constitutionally mandated limits on class-size, renewal and renovation school facility projects, school security and technology upgrades? A needs-based prioritized list of projects has been published, and expenditures will be monitored by an independent citizen oversight committee. FOR THE ONE-HALF CENT TAX AGAINST THE ONE-HALF CENT TAX SECTION 9 ABSENTEE VOTING: Adequate provision shall be made for absentee voters. The form of ballots to be used in the referendum for absentee voters shall be the same as used in the polling places for the election. Page 9 Resolution 17-020 10
SECTION 10 EARLY VOTING: Adequate provision shall be made for early voting, to run continuously on those dates scheduled for early voting, including dates and times, by the Supervisor of Elections of Osceola County prior to the general election to be held on November 8, 2016. The form of ballots to be used in the referendum for early voting shall be the same as those used in the polling places for the election. SECTION 11 - PRINTING OF BALLOTS: The Supervisor of Elections of Osceola County is authorized and directed to have printed on plain white paper a sufficient number of the ballots for use by absentee electors and early voters entitled to cast ballots in the referendum election; to have printed sample ballots and to 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 12 - REFERENDUM ELECTION PROCEDURE: The Supervisor of Elections of Osceola County shall hold, administer, and conduct the referendum election in the manner prescribed by law for holding elections in Osceola County. 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 13 - 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, which shall remain in full force and effect. SECTION 14 - REPEALING CLAUSE: All Resolutions in conflict or inconsistent with this Resolution are repealed insofar as there is conflict or inconsistency. SECTION 15 CONDITION WITH DEADLINE TO WITHDRAW THIS RESOLUTION AND ANY SPECIAL ELECTION SET BY THE BOARD OF COUNTY COMMISSIONERS IN AND FOR OSCEOLA COUNTY: This Resolution and any special election set by the Board of County Commissioners shall be subject to withdrawal by a majority vote of the Members of the School Board of Osceola County so long as such vote by Resolution to withdraw and cancel the referendum election is adopted by the School Board of Osceola County on or before September 6, 2016, written notice shall be provided to both the Supervisor of Elections and to the Board of County Commissioners if this referendum election is voted by majority of the Members of the School Board and the referendum election as provided for herein is in fact voted to be withdrawn. Notwithstanding the foregoing, this Resolution is binding and the referendum election is set as provided for in Section 212.055(6), Florida Statutes. SECTION 16 - EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. Page 10 Resolution 17-020 11
BY ROLL CALL VOTE, for or against this proposition and Resolution: Clarence Thacker, Chairman Ricky Booth, Vice Chairman Jay Wheeler Tim Weisheyer Kelvin Soto ADOPTED at a Special Meeting of the School Board of Osceola County, Florida, this 8 th day of August, 2016, with a quorum present and voting. SCHOOL BOARD OF OSCEOLA COUNTY, FLORIDA Attest: By: Clarence Thacker, Chair Dr. Debra P. Pace, Superintendent Of Schools and Ex Officio Secretary to the School Board of Osceola County, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Usher L. Brown, Attorney School Board of Osceola County, Florida Page 11 Resolution 17-020 12