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The Library Straw Ballot: Background and Status of Establishing An Independent Taxing District

The Library Straw Ballot: Background and Status of Establishing An Independent Taxing District. Bill Brinton, Esq. Rogers Towers P.A. February 6, 2014. San Marco Library. FLORIDA CONSITUTION ARTICLE I DECLARATION OF RIGHTS.

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The Library Straw Ballot: Background and Status of Establishing An Independent Taxing District

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  1. The Library Straw Ballot:Background and Status of Establishing An Independent Taxing District Bill Brinton, Esq.Rogers Towers P.A.February 6, 2014

  2. San Marco Library

  3. FLORIDA CONSITUTIONARTICLE IDECLARATION OF RIGHTS Section 1. Political power. All political power is inherent in the people. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people.

  4. 1987 Billboard Referendum

  5. 1991 Two Term Limit for City Council

  6. 1991 Two Term Limit for City Council

  7. 2000 Tree Conservation Initiative

  8. 2000 Tree Conservation Initiative

  9. BACKGROUND AND CONTEXTFOR THE LIBRARY STRAW BALLOT • LIBRARY CAPACITY STUDY INITIATED IN 2010. • FUNDED BY STATE GRANT. $182,000. • COMPLETED IN 2011. AVAILABLE ONLINE. • http://jpl.coj.net/lib/capacity-plan-findings.html. 

  10. Library Capacity Plan - BOLT June 20, 2011 • INTRODUCTION • This chapter will summarize the importance of the Jacksonville Public Library (JPL) for the future of Jacksonville, provide a brief history of the library since The Better Jacksonville Plan, identify the budgetary challenges facing the library system, and describe core issues that will affect the future value of the library in this city. Of considerable importance is a brief discussion of the new Capacity Plan, its significance in addressing the key issues facing the library, and an overview of key directions suggested by that plan.

  11. Library Capacity Plan - BOLTJune 20, 2011 • Sustainable Funding –The current funding mechanism, in which the library flourishes in prosperous years, then contracts in lean years, inhibits any kind of long-term planning to keep ahead of the information delivery/technology curve, allows deferred maintenance to build up and buildings to deteriorate and is damaging to the long-term health of the library’s collection of materials.

  12. Library Capacity Plan - BOLTJune 20, 2011 • The board will recommend that the city allow the JPL to retain all fees, fines and other revenue to fund a “Library for the Future” enterprise fund. This fund will provide the board with the ability to fund projects to deliver information, to implement internal efficiencies for staffing and infrastructure, to fund FF&E and to be more responsive in meeting customer demands.

  13. Library Capacity Plan - BOLTJune 20, 2011 • In addition,the board will recommend exploration of achieving independent taxing district status, which would enable the library to have its own funding stream, separate from the city, ora dedicated millage, which also would establish a reliable, separate funding source.

  14. July 15, 2011 BOLT’S Recommendations to Mayor & City Council • Critical Issue #4: Library Revenues and Funding • We recommend two changes to address this critical issue: implementation of stable and reliable funding mechanisms and endorsement of targeted capital investments.

  15. July 15, 2011BOLT’S Recommendations • Establish an Independent Taxing District or Dedicated Millage. In the medium- to long-term, the board strongly recommends consideration of a more sustainable funding mechanism, such as authorizing the library to operate as an independent taxing district or assigning it a dedicated millage that would never fall below a certain level.

  16. Library Capacity Plan - BOLTJune 20, 2011 • Finally, the consultants identify the potential to do a much better job of obtaining private funding to supplement public funds, and the board is committed to working with the Friends of the Library and the Library Foundation to pursue these avenues.

  17. JCCI LIBRARY STUDY • The Friends of the Jacksonville Public Library, Inc. and the Jacksonville Library Foundation, Inc., both 501(c)(3) nonprofit organizations, provided funding to the Jacksonville Community Council, Inc. (JCCI) to conduct a study on the issue of sustainability and stability for our public libraries.

  18. JCCI LIBRARY STUDY TIMELINE • Study Co-Chaired by James Stevenson and Walt Bussells. Management Team Selected. • Feb. 2012 – Management Team Meets. • March 2, 2012-June 1, 2012 – Twelve Meetings. • June 12, 2012 – JCCI Library Study Released

  19. JCCI Study – The Questions Posed • To explore whether Jacksonville should fund its libraries independently, and if so, the best ways to achieve stable and reliable funding.

  20. JCCI Briefing for the Friends and the FoundationJune 12, 2012 • This briefing presents recent history of the JPL’s funding and services as well as financial information needed to make informed decisions regarding future, long-term funding solutions for the JPL. It summarizes a 3-month solutions-focused inquiry involving Jacksonville citizens.

  21. JCCI Briefing for the Friends and the FoundationJune 12, 2012 • The citizens group reviewed other library systems and provide here some interesting options. Options include automation and other new technologies to achieve efficiencies and reduce personnel costs, allowing the JPL to maintain fiscal control of their entire budget to allow for long-term sound business decisions, reducing Information Technology costs through a contract bidding process, and establishing either a dedicated millage rateor an independent tax district to fund the Library system.

  22. JCCI LIBRARY STUDYJUNE 12, 2012 - CONCLUSION • To restore the Library to an adequate level of funding and then move it forward so that it is among the best library systems in the United States, JPL must have operational and fiscal control. • The goal is establishment of independent funding and authority while maintaining accountability to taxpayers.

  23. JCCI LIBRARY STUDYJUNE 12, 2012 – CONCLUSION • An independent tax district, governed by elected officials, is the best means for doing that, and as an intermediary step, the City might establish a dedicated millage rate for the JPL. • The goal is not to raise taxes; it is to change how funding occurs.

  24. Andrew Carnegie • A library outranks any other one thing a community can do to benefit its people.

  25. Ad Hoc Legal Teamfor Straw Ballot Language • Beginning June 22, 2012, an Ad Hoc Legal Team began meeting on language for the Library Straw Ballot Petition. • Members: Tracey I. Arpen, Jr., William D. Brinton, Brenda Ezell, David M. Foster, Robert O. Freeman, Richard K. Jones, E. Lanny Russell, and William E. Scheu. • Mr. Russell and Mr. Scheu are former BOLT Chairs.

  26. Key Decisions • The overall millage cap of 20 mills that currently governs Duval County cannot be increased by the Library District’s allowed millage rate. Key decision. • There would be a 1 mill cap for the Library District. Millage can be between 0 and 1 mills. • There is no power of eminent domain. • Governing Board is composed of elected officials.

  27. Ad Hoc Legal Team Concludes Work at End of July 2012 • Ad Hoc Legal Team held meetings and corresponded from mid-June 2012 through July 31, 2012 to craft the Library Straw Ballot Petition language and discuss the process for the special act that would follow the passage of the straw ballot.

  28. Petitioners’ Committee for the Library Straw Ballot • As required by law, a Petitioners’ Committee was formed in late July 2012 to be responsible for the Library Straw Ballot Petition. • The initial members were the Honorable Audrey Gibson, William E. Scheu, Melissa Woods Jackson, Helene Kamps-Stewart, and Tatiana Salvador. When Tatiana Salvador was appointed as a state circuit judge, she was replaced by David Foster and an additional member, Je’Toye Flornoy.

  29. August 1, 2012Petition Kickoff • On August 1, 2012, the Petition for the Library Straw Ballot was formally announced at a press conference. • Resolutions of support adopted by the Foundation and the Friends, which received the JCCI Library Study.

  30. Delivery of 3,000 petitionsto the Supervisor of Elections’ Office

  31. December 2012Initial Threshold Exceeded • In December 2012, the Straw Ballot Campaign exceeded a threshold of 10% of the required verification of 25,931 signatures. • This triggered a mandatory review by the Office of General Counsel as to the sufficiency of the Ballot Title and Ballot Summary. • Petitions Continued to Be Submitted

  32. SOE AND OGC Preliminary Approval • On December 3, 2012, the Supervisor of Elections (SOE) communicated with the Office of the General Counsel (OGC) and recommended approval of the form and substance of the Petition • On December 10, 2012, the OGC sent a memo to the SOE and gave written preliminary approval of the petition form and substance (including ballot title and ballot summary).

  33. 2013 Petition Gathering • At the beginning of 2013, there were 4,662 verified petitions by the SOE, • Beginning in June 2013, petition gathering is underway in earnest at various venues, including the Duval County Courthouse, public libraries, Beaches Walk, and RAM. • As 2013 draws to an end the Petition goal of 25,931 verified petitions is within striking distance.

  34. Delivery of 7,019 petitionsto the Supervisor of Elections’ Office

  35. Petition Activities in June 2013

  36. Beaches Petition Gathering

  37. Main Library – Downtown Jacksonville

  38. North Beach Art Walk

  39. January 21, 2014 • The Petitioners’ Committee goes over the top with the required number of verified petitions: 25,931 + 1. • Former Board Chair Joy Korman’s petition takes the campaign over the top. • Well over a thousand petitions remain for submission.

  40. Over The Top Moment at the SOE

  41. Post–January 21, 2014 Events • Senator Audrey Gibson has legislation (known as a Jacksonville-Bill, or J-Bill) drafted to place the issue on the November 4, 2014 ballot for a binding vote if the straw ballot passes on August 26, 2014. • Duval Delegation requests a resolution of support from the Jacksonville City Council as a condition for consideration of a J-Bill in the 2014 Legislative Session.

  42. City Council Resolution Pending for a J-Bill • City Council President Bill Gulliford and City Council member John Crescimbeni co-sponsor a resolution of support for the J-Bill. • Resolution still in three committees while concerns raised by the City Council Auditor are being addressed. • These concerns are being actively addressed in order to resolve all issues that can be resolved pre-establishment of a Library District.

  43. Fiscal Impact Statement for Library Straw Ballot • An Ad Hoc Committee is considering what language is appropriate for a fiscal impact statement for the Library Straw Ballot. • Committee members are Kirk Sherman (Council Auditor), Ronnie Belton (City CFO/Mayoral appointee), Peggy Sidman (OGC appointee), John Crescimbeni (City Council appointee), and Kevin Hyde (chosen by the 4 appointees above). • Next meeting is Monday, at 9:30 a.m.

  44. Ballot OpportunitiesPost-Straw Ballot • If the Straw Ballot passes, there are several opportunities for the current and future Florida Legislatures to place the issue on the ballot for a binding vote. Those include: • November 2014 • May 2015 • August 2016 • November 2016

  45. What 30,000+ Petitions Look Like

  46. Thanks to Our Many Volunteers

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