HomeMy WebLinkAboutR-2003-094 Dania's reso re school interlocal agreement RESOLUTION NO. 2003-094
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR
CONTINGENT APPROVAL OF AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DANIA BEACH,
NONEXEMPT MUNICIPALITIES, BROWARD COUNTY
AND THE SCHOOL BOARD OF BROWARD COUNTY,
FLORIDA, AS REQUIRED BY §163.31777 and §1013.33,
FLORIDA STATUTES; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Sections 163.31777 and 1013.33, Florida Statutes, require that the
School Board of Broward County enter into an interlocal agreement with the non-
exempt municipalities and with Broward County regarding school facility planning; and
WHEREAS, pursuant to those statutes, the Department of Community Affairs
has set a deadline for the adoption of the Broward County agreement of May 1, 2003;
and
WHEREAS, the City of Dania Beach desires to enter into the attached
agreement for school facility planning, but also wishes to consider additional or different
terms that may be adopted by the School Board in its agreement with any Broward
municipality after the date of this hearing, to the extent such changes are appropriate
and advantageous to the City.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, THAT:
1 RESOLUTION NO. 2003-094
GARESOLUTIONS 2002-2003\R-2003-094 Dania's reso re school interlocal agmnt Arp 22 2003.doc
Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and are made a specific part of this Resolution.
Section 2. The appropriate City Officials are authorized to enter into the
Interlocal Agreement For Public School Facility Planning Between the School Board of
Broward County, Florida, the City Of Dania Beach, Broward County, and other Non-
Exempt Cities in Broward County, attached as Exhibit "A," contingent on the review by
the City Manager of any additional or different terms approved by the School Board for
any Broward County municipality, and with authorization for the City Manager to
approve any such terms deemed appropriate and advantageous to Dania Beach.
Section 3. The appropriate City Officials are authorized to do all things
necessary and expedient, in order to effectuate the execution of the Agreement
described above, and to carry out the aims of this Resolution.
Section 4. All resolutions or parts of resolutions in conflict with this resolution
shall be repealed to the extent of such conflict.
Section 5. This resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED on APRIL 22ND, 2003.
B B ANTONI
MAYOR — COMMISSIONER
2 RESOLUTION NO. 2003-094
GARESOLUTIONS 2002-2003\R-2003-094 Dania's reso re school Interlocal agmnt Arp 22 2003.doc
•
ATTEST: ROLL CALL:
COMMISSIONER CHUNN - YES
uAloovCOMMISSIONER FLURY -YES
CHARLENE J NSON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTON - YES
APPROVED AS TO ORM AND CORRECTNESS:
BY: 1�- A AJ I
THO A )J. ANSBRO
CITY ATTORNEY
•
•
3 RESOLUTION NO. 2003-094
GARESOLUTIONS 2002-2003\R-2003-094 Dania's reso re school interlocal agmnt Arp 22 2003.doc
` KATZ, BARRON, SQUITERO, FAUST & BOYD, P.A.
ATTORNEYS AT LAW
FRANK T.ADAMS FIRST FT. LAUDERDALE PLACE RONALD M.BARRON
BERNARD ALLEN (1945-1994)
MARK S.AUERBACHER 100 N.E.THIRD AVENUE,SUITE 280
ROBERT H.BLANK FT.LAUDERDALE,FLORIDA 33301
TODD BOYD OF COUNSEL
\RLES D.BRECKER ROXANNE K.BEILLY
DSSA S.CHANNING BROWARD: (954)522-3636•(954)781-4720 ROGER S.GOLDMAN
RGE I.G.DEL VALLE MIAMI-DADE(305)856-2444 RICHARD MORTON
ERICA L.ENGLISH LAWRENCE N.ROSEN,P.A.
MARC L.FAUST TELECOPIER: (954)522-5119 WILLIAM A.ZEIHER,P.A.
HOWARD L.FRIEDBERG
ALAN L.GABRIEL www.katzbarron.com
ROBERT C.GRADY MIAMI OFFICE:
ANA C.HARRIS 2699 SOUTH BAYSHORE DRIVE
ELIZABETH A.HEISE SEVENTH FLOOR
MATHAI JACOB MIAMI,FLORIDA 33133-5408
MICHAEL D.KATZ TELEPHONE:(305)856-2444
NICOLE T. KOPELOWITZ TELECOPIER:(305)285-9227
ANNA KRIMSHTEIN
ROBERT B.McCAUSLAND
MARIA C.MONTENEGRO
ALICIA MORALES-FERNANDEZ
RICHARD A. MORGAN
CARLOS E.MUSTELIER JR.
JOSE R.RIGUERA
WILLIAM D.ROHRER
JONATHAN C.SHAMRES June 3, 2003
JOHN R.SOUITERO
MICHELE L.STOCKER
DENNIS M.STOTTS
Charlene Johnson, City Clerk
City of Dania Beach
100 West Beach Boulevard
Dania Beach, FL 33004
Re: Certified Copy of Remaining Executed Signature Pages
Dear Ms. Johnson:
10 We are pleased to advise you that the City of Dania Beach and the City of Miramar have both approved and
executed the Interlocal Agreement for Public School Facility Planning. As of May 20,2003,all twenty-six
(26) non-exempt municipalities in Broward County have executed this Agreement.
Enclosed please find a certified copy of the executed signature page for the City of Dania Beach and for the
City of Miramar. Please replace the unexecuted pages 19 and 29 of your certified copy of the Interlocal
Agreement with these two executed pages to have a fully executed copy of the Interlocal Agreement for
Public School Facility Planning for your records.
\
The City of Dania Beach and the City of Miramar signature pages were transmitted to the Department of
Community Affairs for inclusion in the previously submitted Broward County Interlocal Agreement on May
20, 2003.
Should you have any questions, please feel free to contact me.
V ly yours,
ALAN L.GABRIEL
ALG/kgc/SB cert sig pgs transmittal ltr
Enclosure
cc: Mayor(without Enclosure)
City Manager(without Enclosure)
City Attorney(without Enclosure)
City Contact Person(without Enclosure)
Edward Marko, General Counsel,The Broward County School Board(without Enclosure)
Chris Akagbosu, Coordinator,Broward Public Schools(without Enclosure)
CITY OF DANIA BEACH through its Mayor, authorized to execute same by
Commission action on the 22 day of April, 2003.
CITY OF DANIA BEACH,
ATTEST: a Florida municipal corporation
BY: //
Charlene Jo on) Robe Anton
CITY CLERK 'MAYOR-CO SIONER
SI=: MAY 20, 2003
BY: ,•;'i
Ivan�pafo
CITY MANAGER
• APPROVED FOR FORM
AND CORRECTNESS:
BY: —, l Al�, A
Thomas J. Ansbro, Esquire
CITY ATTORNEY
I HEREBY CERTIFY THAT THIS IS A
TRUE COPY OF THE ORIGINAL
Kathleen G Clark
�*My Commission CC838293
Expires June 11 2003
PRINTED 411103 Page 19 of 45
CITY OF AIIRAN[AR through its City Manager, authorized to execute same by Commission
action on the day of�, 2003.
WITNESSES: CITY OF MIRAMAR
0 Fiztr E�iilAe T�!/e�
a
ATTEST:
t Clerk City Manager
Day of ' 2003.
•
(CORPORATE SEAL)
APPROVED AS TO FORM:
BY- N alp")aq a5
i Attorney
I HEREBY CERTIFY THAT THIS IS A
TRUE COPY OF THE ORIGINAL,
Kathleen G Clark
• *My Commission CC838293
Expires June 11 2003
PRINTED 411103 Page 29 of 45
KATZ, BARRON, SQUITER09 FAUST & BOYD, P.A.
ATTORNEYS AT LAW
ALD M.BARRON
FRANK T.ADAMS FIRST Ff. LAUDERDALE PLACE RON
BERNARD ALLEN (194945-1994)
94)
MARK S.AUERBACHER 100 N.E.THIRD AVENUE,SUITE 280
#211E RT H.BLANK FT.LAUDERDALE,FLORIDA 33301 OF COUNSEL
DD BOYDROXANNE K.BEILLY
LES D.BRECKER BROWARD: (954)522-3636•(954)781-4720 ROGER S.GOLDMAN
SA S.CHANNING RICHARD MORTON
JORGE I.G.DEL VALLE MIAMI-DADE(305)856-2444 LAWRENCE N.ROSEN,P.A.
ERICA L.ENGLISH TELECOPIER: (954)522-5119 WILLIAM A.ZEIHER,P.A.
MARC L.FAUST
HOWARD L.FRIEDBERG www.katzberron.com MIAMI OFFICE:
ALAN L.GABRIEL 2699 SOUTH BAYSHORE DRIVE
ROBERT C.GRADY
ANA C.HARRIS SEVENTH FLOOR
ELIZABETH A HEISE MIAMI.FLORIDA 33133.5408
MATHAI JACOB TELEPHONE:(305)856-2444
MICHAEL D.KATZ TELECOPIER:(305)285-9227
NICOLE T. KOPELOWITZ
ANNA KRIMSHTEIN
ROBERT B.McCAUSLAND
MARIA C.MONTENEGRO
ALICIRICHA D A. M RGA NANDEZ
RICHARD A. MORGAN /
CARLOS E.MUSTELIER JR.
JOSE R.RIGUERA
WILLIAM D.ROHRER any 1 ,g6931
JONATHAN C.SHAMRES
JOHN R.SOUITERO
MICHELE L.STOCKER
DENNIS M.STOTTS
Charlene Johnson, City Clerk
City of Dania Beach
100 West Beach Boulevard
Dania Beach, FL 33004
_Re:.__._Certified Copy of Executed Interlocal Agreement
Dear Ms.Johnson:
Enclosed please find a certified copy of the Interlocal Agreement for Public School Facility Planning
between the Broward County School Board,Broward.County, and the Cities or Towns of Coconut Creek,
Cooper City, Coral Springs, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hollywood,
Lauderdale Lakes, Lauderhill, Lazy Lake,Margate,North lauderdale,Oakland Park,Parkland,Pembroke
Park, Pembroke Pines, Plantation, Pompano Beach, Southwest Ranches, Sunrise, Tamarac, Weston and
Wilton Manors for your entity's official records. The"original"document will be turned over to the Broward
County School Board and will be maintained at Official School Board Records where it cari be inspected by
the public.
The Agreement was transmitted to the Department of Community Affairs on April 30,2003. The City of
Coconut Creek's signature page was transmitted on May 1,2003,and the City of Fort Lauderdale and Town
of Southwest Ranches signature pages were transmitted on May 9, 2003, for inclusion in the Agreement.
As of this date,only two municipalities in Broward County have not participated,namely Dania Beach and
Miramar.
I would like to take this opportunity to thank everyone for their cooperation in this matter.
Vy7VIy yours,
AN L.GABRIEL
ALG/kgc/SB cert copy transmittal ltr
• Enclosure
cc: Mayor(without Enclosure)
City Manager(without Enclosure)
City Attorney(without Enclosure)
City Contact Person(without.Enclosure)
Chris Akagbosu,Coordinator,Broward Public Schools(without Enclosure)
• INTERLOCAL AGREEMENT
FOR
PUBLIC SCHOOL FACILITY PLANNING
BROWARD COUNTY, FLORIDA
This agreement'(hereinafter referred to as "Agreement") is entered into between The
School Board of Broward County, Florida (hereinafter referred to as "School Board"),
Broward County, a political subdivision of the State of Florida (hereinafter referred to as
"County"); the City Commission or Town Council of the Cities or Towns of Coconut
Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield, Beach, Fort
Lauderdale, Hallandale Beach, Bollywood, Lauderdale Lakes, Lauderhill, Lazy Lake,
Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park,
Pembroke Pines, Plantation, Pompano Beach, Southwest Ranches, Sunrise, Tamarac,
Weston and Wilton Manors (hereinafter referred to'collectively as "Municipalities").
RECITALS
WHEREAS, the School Board, the County and Municipalities recognize their mutual
• interest for the education, nurture and general well-being of the children within their
community; and
WHEREAS, the School Board, the County and the Municipalities recognize the benefits
that will flow to the citizens and students of their communities by more closely
coordinating their comprehensive land use and school facilities planning programs:
namely (1)better coordination of new schools in.time and place with land development,
(2) greater efficiency for the School Board and local governments by siting schools to
take advantage of existing and planned roads, water, sewer, and parks, (3) improved
student access and safety by coordinating as feasible the construction of new and
expanded schools with the road and sidewalk construction programs of the local
governments and requiring new or redevelopment projects containing residential
developments to construct sidewalks linking the development to school(s) located within
a reasonable distance from the development, (4) as feasible, locating and designing
schools to serve as community focal points, (5) encouraging developers of new or
redevelopment projects containing residential units to build pedestrian friendly
developments that will link their projects to schools located within a reasonable distance
from the development, and (6) to enable greater efficiency and convenience by
ith parks, ball fields, libraries, and other community facilities to
collocating schools tiv
take advantage of joint use opportunities; and
WHEREAS, Section 1013-33 Florida Statutes, requires that the location of public
educational facilities be reviewed for consistency with the comprehensive plan and
implementing land development regulations of the appropriate local governing body; and
I IIEREBY CERTIFY THAT THIS IS A
$v�N Kathleen G dark UE COPY OF THE O IGINAL
* *My Commission CC838293
E)PrBs June 11 2003
1,12 -,��3
r,___, -.rAr, n.
• WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local
government to adopt an intergovernmental coordination element as part of their
comprehensive plan that states principles and guidelines to be used in the
accomplishment of coordination of the adopted comprehensive plan with the plans of the
school boards, and describes the processes for collaborative planning and decision
making on population projections and public school siting;and
WHEREAS, Sections 163.31777 and 1013.33 Florida Statutes, farther require each
county and the non-exempt municipalities within that county to enter into an interlocal
agreement with the district school board to establish jointly the specific ways in which
the plans and processes of the district school board and the local governments are to be
coordinated; and
WHEREAS, the Broward County Charter grants county-wide authority regarding land
use plan amendments, plats and certain growth management issues to the Broward
County Commission and the Commission has authority over other growth management
issues in the unincorporated areas of the county; and
WHEREAS, the Municipalities have certain authority regarding local land use plan
amendments, rezoning and other growth management issues within their jurisdictional
boundaries; and
WHEREAS,the School Board has the responsibility to provide school facilities to insure
• a free and adequate public education to the residents of Broward County; and
WHEREAS, the School Board, the County, and the Municipalities enter into this
Agreement in fulfillment of that statutory requirement and in recognition of the benefits
accruing to their citizens and students described above.
NOW THEREFORE, for good and valuable consideration the receipt and sufficiency is
hereby acknowledged the parties mutually agree that the following procedures will be
followed in coordinating land use and public school facilities planning:
ARTICLE I
RECITALS
1.1 The above recitals are true and correct and are hereby incorporated as a part of
this Agreement.
ARTICLE H
JOINT MEETINGS
2.1 A staff working group comprised of representatives from the School Board, the
County and the Municipalities (hereinafter referred to as "Staff Working Group")
will at least annually meet to discuss issues and formulate recommendations
• reg ardina coordination of land use and school facilities planning, including such
tudent projections, development trends, school needs,
issues as population and s
co-location and joint use opportunities, ancillary infrastructure improvements
needed to support the schools and safe student access. The School Board of
Broward County Superintendent of Schools, or his designee (hereinafter referred
to as "Superintendent") will appoint appropriate staff to attend and participate in
the Staff Working Group meetings. The School Board staff shall coordinate and
be responsible for scheduling such meeting(s) and providing notification with at
least 30 days advance written notice to the appropriate members.
` Representative(s) from the South Florida Regional Planning Council will also be
notified and invited to attend. The joint workshop sessions will also be
opportunities for the County, the Municipalities and the School Board to hear
reports, discuss policy, set direction, and reach understandings concerning issues
of mutual concern regarding school facilities planning and off site improvements.
A written summary report will be issued by the Staff Working Group. The initial
meeting of the Staff Working Group shall be held within 60 days from the
effective date of this Agreement,upon at least 30 days written advance notice.
ARTICLE lII
• STUDENT ENROLLMENT AND POPULATION PROJECTIONS
3.1 In fulfillment of their respective planning duties, the School Board, the County
and the Municipalities agree to coordinate and base their plans upon consistent
projections of the amount, type, and distribution of population growth and student
enrollment. Countywide five-year population and student enrollment projections
shall be revised annually and provided in the subsequent calendar year at the staff
working group meeting described in Subsection 2.1.
3.2 The Superintendent shall utilize student population projections based on
information produced by the demographic, revenue, and education estimating
conferences pursuant to Section 216.136 Florida Statutes, where available, as
modified by the Superintendent based on development data coordinated with the
local governments. The Superintendent may request adjustment to the estimating
conferences' projections to reflect actual enrollment and development trends. In
formulating such a request the Superintendent will coordinate with the County
and Municipalities regarding development trends and future population
prof ections.
3.3 The County will continue to provide population projections that will be utilized to
verify the geographic distribution of School Board student projections
countywide.
•
ARTICLE IV
COORDINATING AND SILMUNG OF INFORMATION
4.1 Tentative District Educational Facilities Plan: Commencing June, 2003 and
annually thereafter, the Superintendent shall submit to the County and to each
Municipality the tentative District Educational Facilities Plan (hereinafter referred
to as the "Tentative Plan") no later than 14 days prior to the anticipated hearing
date by the School Board. Upon providing the Tentative Plan to local
governments and giving proper notice to the public and opportunity for public
comment, the School Board may amend the Tentative Plan to revise the priority
of projects, to add, or delete projects, to reflect the impact of change orders, or to
reflect the approval of new revenue sources which may become available. The
Tentative Plan will be consistent with the requirements of Section 1013.35 Florida
Statutes, and include, an inventory.of existing school facilities,projected five-year
student enrollment projections apportioned by school and geographic area,Florida
Inventory of School Housing for each school as approved by the Department of
Education, the number of portables in use at each school, the number of portables
projected to be in use at each school, five-year capital improvements for pertinent
schools, planned new schools, general locations of new schools for the five, ten,
• and twenty-year time periods, the School District unmet needs and options to
reduce the need for additional permanent student stations. The Tentative. Plan
ible district facilities work program for a five
will also include a financially feas
year period. The County and Municipalities shall review the Tentative Plan and
send written comments to the Superintendent within 30daysP ll t�from receipt
of the
the local
draft Tentative Plan, on the consistency of the Tentative
comprehensive plan, and whether a comprehensive plan amendment will be
necessary for any proposed educational facility for consideration prior to the final
adoption hearing.
4.2 Information regarding schools scheduled for renovations shall be provided in the
tentative District Educational Plan.
4.3 Educational Plant Survey: At least one year prior to preparation of the
Educational Plant Survey which is updated every five (5)years, the Staff Working
Group established in Subsection 2.1 will assisthplribneenonsistentdent in rew preparation
of the update. The Educational Plan y
requirements of Section 1013.31, Florida Statutes, and include at least an
inventory of existing educational facilities,recommendations for new and existing
facilities, and the general location of each in coordination with the applicable land
use plan.
4.4 Growth and Development Trends: Commencing Sept
ember, 2003 and annually
thereafter, the County in conjunction with the Municipalities will use their
_respective best-efforts to provide the Superintendent with a report on growth and
development trends within their jurisdiction. This report may be in tabular and/or
graphic, and textual formats and include, but not be limited to the following
information, if available:
(a) The total number of ongoing and remaining residential development units,
plat name and number, subdivision name, type and number of bedrooms;
(b) The total number of certificate of occupancy (CO's) issued to date for
each ongoing or remaining residential development units by plat name and
number, subdivision name, type and number of bedrooms;
(c) The projected phasing of the CO's issued for each ongoing or remaining
residential development units for the remaining portion of the year, and by
year for the next five years by plat name and number, subdivision name,
type and number of bedroom;
(d) The projected development or potential redevelopment of vacant or other
developed land;
(e) Residential properties undergoing plat review by plat name and number,
(f) Information regarding the conversion,or redevelopment of housing or
other structures into residential units likely to generate new students; and
(g) The identification of any development order(s) issued which contain a
requirement . for the provision of a school site as a condition of
development approval. -
4.5 No later than the I5th of each month, the County will provide by correspondence
to the Superintendent, the list of all residential plat(s) granted approval by the
Broward County Commission during that preceding month. At a mmumum, the
information shall contain the plat name,plat number, residential type and number
of units. If no plat was approved during the month, the County will send
correspondence indicating so.
4.6 No later than 15 days after the approval of any land use plan amendment(s), the
County will provide by correspondence to the Superintendent, the list of land use
plan amendment(s) adopted by the Broward County Commission. At a minimum,
the information shall contain the amendment number, residential type and number
Of residential units if applicable. If no land use plan amendment was adopted
during the month, the County will send correspondence indicating so.
ARTICLE V
SCHOOL SITE SELECTION, SIGNIFICANT RENOVATIONS,
AND POTENTIAL SCHOOL CLOSURES
5.1 School Board staff will review potential sites for new schools and proposals for
potential closure of existing schools and significant renovations consistent with
School Board Policy 5000, as may be amended from time to time. The
recommendations will be included-in the District Educational Facilities Plan.
5.2 When the need for a new school is identified in the District Educational Facilities
Plan, the Superintendent's Site Review Committee (hereinafter referred to as the
"Site Review Committee") will consider a list of potential sites in the area of
need. The list of potential sites for new schools and the list of schools identified
in the District Educational Facilities Plan for significant renovation and potential
closure will be submitted to the local government with juri m
sdiction for an inforal
assessment regarding consistency with the local government comprehensive plan,
including, as applicable: environmental suitability, transportation and pedestrian
access, availability of infrastructure and services, safety concerns, land use
compatibility and other relevant issues. Based on the information gathered during
this review for new schools the Site Review Committee will make a
recommendation to the Superintendent of one or more sites in order of preference.
For those purposes specified in this Article V, the School Board shall amend
School Board Policy 7000 to provide for the membership of the Site Review
Committee referenced therein. It shall identify the members and how they shall
be appointed. In addition to the current representatives from the South Florida
Regional Planning Council and Broward County, the Site Review Committee
shall include at least one (1) member who shall be appointed by the
Municipalities (additional members may be appointed at the Superintendent's
discretion) and at least one (1) "floating member" designated by the city manager
or administrator of the affected local governments in which the new school
facility may be located. For the purposes of this subsection, a floating member
from the_affected local governments shall be defined as the local government
jurisdiction in which the proposed school facility tivill be located, or significant
renovations or school closures may occur.
5.3 In addition to existing criteria utilized by the Site Review Cozmittee and in
conformance to pertinent School Board Policy (as may be amended from time to
time) regarding the selection of new school sites and school closures, the
Superintendent will coordinate information regarding site plans for proposed new
schools with the affected local governments in accordance with Sections 1013.33,
1013.36 and other applicable portions of Section 1013,Florida Statutes.
5.4 Pursuant to Section 1013.33 (11), Florida Statutes, at least 60 days prior to
acquiring or leasing property that may be used for a new public educational
facility, the Superintendent shall provide written notice to the local government
with jurisdiction over the use of the land. The local government, upon receipt of
this notice, shall notify the Superintendent within 45 days if the proposed new
school site is consistent with the land use categories and policies of the local
government's comprehensive plan. This preliminary notice does not constitute
the local government's determination of consistency pursuant to Section
1013.33(12),Florida Statutes.
ARTICLE VI
SUPPORTING INFRASTRUCTURE
6.1 In conjunction with the preliminary consistency determination described at
Subsection 5.4 of this Agreement, the School Board and affected local
governments will jointly determine the need for and timing of on-site and off-site
improvements necessary to support each new school or the.proposed significant
renovation of an existing school, and will enter into a written agreement, or
amend a current agreement, if applicable, to be consistent with this Agreement as
to the timing, location, and the party or parties responsible for funding,
constructing, operating and maintaining the required improvements.
ARTICLE VII
LOCAL PLANNING AGENCY, COMPREHENSIVE PLAN AMENDMENTS,
FEZONINGS,AND DEVELOPMENT APPROVALS
7.1 To the extent required by Section 163.3174, Florida Statutes, as may be amended
from time to time, the School Board shall appoint a School District staff
member(s) to be its representative on the County and . each respective
Municipality's local planning agency. Notification of the staff member's name,
title and address shall be submitted in a timely manner to the applicable local
planning agency.
7.2 To the extent required by Section 163.3174, Florida Statutes, as may be amended
from time to time, the County, or Municipalities will include the representative
appointed by the School Board to serve on its local planning agency, or equivalent
agency and the representative will have the opportunity to attend those meetings
at which the agency considers comprehensive plan amendments and rezonings
that would, if approved, increase residential density for the property that is the
subject of the application. When available, the School Board representative shall
attend and participate in local planning agency meetings at which residential
density could increase. The County or Municipalities may at its discretion grant
voting stains to the School Board representative.
7.3 As a part of its development review process, the County and Municipalities agree
to provide a copy of rezoning and comprehensive plan amendment applications
that could increase residential density to the Superintendent. At a minimum, the
information provided shall include the name of the applicant, current and
proposed use, existing permitted and proposed and type of units, acreage, general
location• map and section, township and range and the anticipated date the local planning agency may consider this item if such date is determined at the time the
information is provided. The County or Municipalities shall provide the deadline
for receiving comments from the Superintendent, however, the time provided to
i
• the Superintendent for submitting such comments shall be no less than twenty-one
(21) days and no greater than thirty (30) days from the date the information is
provided to the Superintendent. If no deadline is provided together with the
information, then the Superintendent shall provide comments no later than thirty
(30) days after receipt .of the information. Further, the County or Municipalities
will notify in writing to the Superintendent when the application receives final
approval from the governing body.
7.4 The School Board shall continue to participate in the Broward County land use
plan amendment review process through its Broward County Planning Council
appointed member.
7.5 The School Board shall continue to participate through staff review in the
Broward County plat, site plan, vacation petition and other pertinent development
applications review process and participate as necessary on other growth
management issues.
7.6 The County and the Municipalities agree to notify the Superintendent of proposed
land use applications, amendments to the comprehensive plan future land use
map, rezonings, developments of regional impact, and other residential or mixed-
Use development projects with a residential component pending-before them that
may affect student enrollment, enrollment projections, or school facilities. Such
notice shall be provided to the Superintendent at the same time as notice is
PI to the public for the applications under the provisions of the County
Code or City Ordinances.
7_7 The written comments provided by the Superintendent to the County and
Municipalities regarding rezoning, comprehensive plan amendments, plats, and
other residential or mixed use projects with a residential component will -advise
the local government of the student impacts anticipated to result from the
development proposal, the capacity status of the schools(s) and the planned
capacity improvement(s) and alternatives available. School capacity will be
reported consistent with Department of Education, Florida Inventory of School
Houses.
7.9 If sufficient capacity is not available or anticipated in the District Educational
Facilities Plan to serve the development the School Board, local government, and
developer may use their best efforts to collaboratively develop options that aim to
provide the capacity to accommodate new students.
7.9 In reviewing and approving comprehensive plan amendments and rezonings the
County and Municipalities may consider the following issues consistent with
applicable governmental codes and comprehensive plans in addition to such other
criteria as may be applicable or appropriate_
(a) School Board comments provided pursuant to Chapters 163 and
1013, Florida Statutes which may include,but not be limited to.
Available capacity ble school ca or planned improvements to
(i) p h'
increase school capacity;
(ii) The provision of school sites and facilities within planned
neighborhoods;
(ill) Compatibility of land uses adjacent to existing schools and
reserved school sites;
(iv) The collocation of parks, recreation and neighborhood
facilities with school sites;
(v) The linkage of schools, parks, libraries and other public
facilities with bikeways,trails, and sidewalks for safe access;
(vi) Traffic circulation plans which serve schools and the
surrounding neighborhood;
(vii) The provision of pff--site signalization, signage, access
improvements, and sidewalks to serve schools;
(viii) The-inclusion of school bus stops and turnarounds; and
• (ix) The installation of appropriate buffers such as, but not
limited to, a solid fence or concrete wall, solid hedges or increased
setbacks that will ensure compatibility with the adjacent school for
any new development that will be located adjacent to an existing
school or an identified future school.
7.10 In formulating community development plans and programs that may affect
public school facilities, the County and Municipalities will provide notice to the
Superintendent concerning any workshop or regular meetings which relate to such
community development plans and programs and will invite the Superintendent's
submission of comments and participation at such meetings.
ARTICLE VIII
COLLOCATION AND SHARED USE
8.1 Collocation and shared use of facilities are important to both the School Board
and local governments. In accordance with pertinent School Board growth
management policy, the School Board will look for opportunities to collocate and
share use of school facilities and.civic facilities when preparing the District
Educational Facilities Plan. Likewise, collocation and shared use opportunities
be considered by the local govemments when hen preparing the annual update to
the comprehensive plan's schedule of capital improvements and when planning
• and designing new, or renovating existing, community facilities. For example,
opportunities for collocation and shared use with public schools will be
considered for libraries, parks, recreation facilities, community centers,
auditoriums, learning centers, museums, performing arts centers, and stadiums.
In addition, collocation and shared use of school and governmental facilities for
health care and social services will be considered.
8.2 A separate agreement will be developed for each instance of collocation and
shared use which addresses, but is not limited to, legal Iiability, operating and
maintenance costs, scheduling of use, and facility supervision or any other issues
that may arise from collocation and shared use once constructed.
ARTICLE IX
RESOLUTION OF DISPUTES
9.1 If the parties to this Agreement are unable to resolve any issue in which they may
be in disagreement covered in this Agreement, such dispute will be resolved in the
following manner:
(a) First, the disputing parties will meet together through their respective county
or municipal manager or administrator and the Superintendent or their
- respective desig nee--
(b) If the disputing parties are still unable to resolve the dispute, the disputing
parties agree to further attempt to resolve the dispute in accordance with
governmental conflict resolution procedures specified in Chapter 164 or 186,
Florida Statutes or such other processes deemed mutually agreeable and
appropriate by the parties involved.
ARTICLE X
OVERSIGHT PROCESS
10.1 The School Board,the County and the Municipalities shall each appoint up to five
members to serve on a fifteen (15) member committee to monitor the
implementation of this Agreement. Committee members shall be notified in
writing and advised of the meetings referenced in Article ll and shall receive
copies of all, pertinent reports and documents produced pursuant to this
Agreement. The Superintendent shall organize and staff the meetings of this
Committee, utilizing the Staff Working Group for assistance as needed. The
Committee shall appoint a chairperson, meet at least annually and report to
participating local governments, the School Board, the County and the general
public on the effectiveness with which this Agreement is being implemented. The
Chairperson of the Committee shall preside over the meeting and within 30 days
generate a report regarding successes and failures regarding implementation of the
interlocal agreement during the preceding calendar year. The Committee meeting
• regarding review of the interlocal agreement shall be conducted as a public
meeting advertised to provide opportunity for public participation.
10.2 For purposes of selecting the five appointed Municipal members, the
Municipalities will appoint the five representatives through a process deemed
mutually agreeable and appropriate by those Municipalities who are a party to this
Agreement.
ARTICLE )J
EFFECTIVE DATE AND TERM
11.1 This Agreement shall become effective upon the signatures of the School Board
and the County and shall remain in full force and effect for a period of five (5)
years from the effective date. The joinder by each Municipality shall make the
agreement effective as to that respective Municipality. This Agreement may be
earlier cancelled by mutual agreement of the School Board, or the County or the
respective Municipalities, unless otherwise cancelled as provided or allowed by
law.
11.2 This Agreement may be extended upon the mutual consent of the parties to this
Agreement for one additional five (5) year'term, conditioned upon the same terms
and conditions as contained herein, provided that the party seeking an extension
provides written notice to the other parties of such intent to extend no later than
one (1) year prior to the expiration of the then current term, and the other parties
® agree in writing to such extension. The one additional five year extension term
shall be valid only to those parties who consented in writing thereto, and shall not
be conditioned upon the consent of all original parties hereto.
ARTICLE XII
NIISCELLANEOUS
12.1 Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties, and supersedes all other agreements
concerning the subject matter contained herein. Any amendments to this
Agreement shall be in writing and executed by each respective party.
Notwithstanding the foregoing, the parties hereto agree and acknowledge that this
Agreement is not intended to usurp or modify the authority, rights, or obligations
of the School Board, County or Municipalities as such may be provided elsewhere
by law.
12.2 Severability. If any one or more of the provisions contained in this Agreement
shall for any reason be held invalid, illegal, unlawful, void or unenforceable with
respect to any party hereto, the remainder of this Agreement or the application of
such provisions to a party other than those to whom is held invalid, illegal,
unlawful, void or unenforceable, shall not be affected and each provision of this
® Agreement shall be valid and enforceable to the fullest extent permitted by law as
if such invalid, illegal unlawful, unenforceable or void provision had never been
included herein.
12.3 Notices. All notices or other communications (other than notices for
meetings as provided for elsewhere in this Agreement) which shall or may be
given pursuant to this Agreement shall be in writing and shall be delivered by
ied mail addressed to the parties at their respective
personal service or by certif
addresses as specified in Exhibit "A", attached hereto and made a part hereof.
Any party may from time to time designate any other address for this purpose by
written notice to the parties hereto. Such notice shall be deemed given on the day
on which personally served, or if by mail, on the fifth day after being posted or
the date of actual receipt,whichever is earlier.
12.4 Governing Law. This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida_ Any
controversies or legal problems arising out of this Agreement and any action
involving the enforcement or interpretation of any rights hereunder shall be
submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit
of Broward County,Florida.
12.5 Headings. The captions, section numbers, article numbers, title and headings
appearing in this Ageement are inserted only for convenience and in no way
define,limit, construe or describe the scope or intent of such articles or sections of
this Agreement, nor in any way effect this Agreement and shall not be construed
® to create a conflict with the provisions of this Agreement.
12.6 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original.
12.7 Supplementary Agre
ements. All parties to this Agreement stipulate that
the School Board may enter into Supplementary Agreements with individual
municipalities to address individual circumstances. Any such Supplementary
Agreement shall not be inconsistent with this Agreement.
12.8 . Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this
Agreement on.behalf of the party for whom he or she is signing, and to bind and
obligate such party with respect to all provisions contained in this Agreement.
12.9 Indemnification. Each party agrees to be fully responsible for its acts of
negligence, or its agent's acts of negligence when acting within the scope of their
employment and agrees to be liable for any damages resulting from said
negligence.
12.10 No Waiver of Sovereign Immunity. Nothing contained in this Agreement
is intended to serve as a waiver of sovereign immunity by any agency to which
sovereign immunity may be applicable.
® 12.11 No Third Party Beneficiaries. The parties expressly acknowledge that it is
not their intent to create or confer any rights or obligations in or upon any third
person or entity under this Agreement. None The the partiesagree hat to tly Or
there
substantially benefit a third party by this Agreement. P
• are no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a claim against any of the parties based upon this Agreement.
Nothing herein shall be construed as consent by any agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising
out of any contract.
12.12 Non-Discrimination. The parties shall not discriminate against any
employee or participant in the performance of the duties, responsibilities and
obligations under this Agreement because of race, age, religion, color, gender,
national origin,marital status, disability or sexual orientation.
12.13 Records. Each party ' shall maintain its own respective records and
documents associated with this Agreement in accordance with the records
retention requirements applicable to public records. Each party shall be
responsible for compliance with any public documents request served upon it
pursuant to Section 119.07,Florida Statutes, and any resultant award of attorney's
fees for non-compliance with that law.
IN WITNESS WEEREOF,this Interlocal Agreement has been executed on:the respective
dates under each signature by and on behalf of Broward County, each of the respective
Municipalities and the School Board of Broward County,Florida on this day of
2003.
[REMAINING PORTION OF THIS PAGE IS INTENTIONALLY LEFT BLANK_
SIGNATURE PAGES FOLLOW.]
•
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
B Witness as to all Signatories
Lois Wexler, Sch6ol Board 71111 ,",
12 ��n Sy�7'�"
Pri Nam
ATTE Witness asFran in L. Till, Su enntendent ofR., _SchoolsPrint Nam
(CORPORATE SEAL)
State of Florida, Broward County
_ _day offs
WITNESS my hand and official seal this A.D. 2003
Print Name Aer) 94A 1 L K'-)% (AFFIX NOTARY SEAL)
OFFICLALNOTA
My Commission Expires: ELLEN RUTH MCKNIG1-IT roA
NOTAR
COMM SION NO. .OCT. 31 u
I MY C 5510N FRCP.OCT.7 j1
Approved as to form:
E and J. Marko, Sc ooI Board Attorney
BROWARD COUNTY through its Mayor, authorized to execute same by Board action
on the2q'day of g� , 2003_
BROWARD COUNTY,by and through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By:
4i:z,mvn,� County Administrator, as Diana Wasserman Rubin, Mayor
Ex-officio Clerk of the Broward
County Board of County Commissioners •�?
Day of , 2003.
-Z�- CUATED Approved as to form by
• o i C3CT. 1 ST i Office of County Attorney
U _ 1915 ? Broward County,Florida
4p �' EDWARD A_ DION, County Attorney
cs)z� Governmental Center, Suite 423
_ 115 South Andrews Avenue
Fort Lauderdale,Florida 33301
Telephone: (954)357-7600
Telecopier: (954) 357-7641
By:
-^ s F��County Attorney
J C/O
s
CITY OF COCONUT CREEK thr ugh its Mayor, authorized to execute same by
Commission action on the2Oday of. 2003.
CITY OF COCONUT CREEK
(CITY SEAL) a Florida municipal corporation
By:
4J n P. Kelly, 4Ciitnager
ATTEST:
By:
Barbara S. Price, CMC
City Clerk
APPROVED AS TO LEGAL FORM:
By: h
By: y GDC�fi �
�-� CITY ATTORNEY
•
CITY OF COOPER CITY through its Mayor, authorized to execute same by
Commission action on theZ�day of 6 �2003.
CITY OF COOPER CITY,FLORIDA
By
Suellen H.Fard ann, Mayor
Day of
2003.
ATTEST:
B ,
Susan Bernard, City Clerk
APPOR S TO FO
By: -Alain ran cis Rut City ttorney
a authorized to execute same by
CITY OF CORAL SPRINGS throubh its Mayor
Commission action on the_day of .e i ) 2003.
CITY OF CORAL SPRINGS, a
Municipal corporation organized
and existing under the laws of
the State of Florida
By:
ommerer, or
Day of , 52003
ATTEST: APPROVED AS TO FORM:
By*PetcrRich
By:
son, y Clerk Samu S. Goren City Attorney
CITY OF DANIA BEACH through its Mayor, authorized to execute same by
Commission action on the 22 day of AlDril, 2003.
CITY OF DANIA BEACH,
ATTEST: a Florida municipal corporation
Charlene Johnson Robert Anton �JJ
CITY CLERK MAYOR-COM1jtiISSIONER
i
SICZ:ED: MAY 20, 2003
BY:
Ivan Patio'
CITY MANAGER
APPROVED FOR FORM
AND CORRECTNESS:
i
Thomas J. Ansbro, Esquire
CITY ATTORNEY
PRINTED 411103 Page 19 of 45
TOWN OF DAVIE through its Mayor, authorized to execute same by Council
action on the day of 2003
TOWN OF DAVIE,FLORIDA
WIT/MESS:
BY:
Mayor/Councilmemb
ATTEST: BY:
Town Administrat r
�S5 Town Clerk
APPROVED TO AS FORM:
r
BY-
o Attorney
•
• CITY OF DEERFIELD BEACH y
through its Mayor, authorized to execute same by
�
Commission action on the24 day of April, 2001
CITY OF DEERFIELD BEACH,FLORIDA
Attest eat)
yor Alb t Capellini, P.A. City lerk Ada Gra am-Johnson, CMC
PRINTED 411103 Page 21 of 45
•
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 25th day of
April , 200 3 by ALBERT R. CAPELLINI as Mayor of the City of
Deerfield Beach, Florida a municipal corporation, on behalf of the municipal
corporation, who is personally known to me.
NOTARY'S SEAL:
NOT Y PUBLIC, STATE F FLORIDA
(Signs of Notary Taking Acknowledgment)
F
HRI+Bt7HA DAGRONElizabeth Dagnon
toryPubric-State of 50rf Jo (Name of Acknowledger Typed,Printed or Stamped)
2DDd
Con.,-on4CC934295
Commission Number
STATE OF FLORIDA
COUNTY OF BROWARD
The. foregoing instrument was acknowledged before me this 25th day of
April , 2003 by ADA GRAHAM-IOHNSON as City Clerk of the City
of Deerfield Beach, Florida a municipal corporation, on behalf of the municipal
corporation, who is personally known to me.
NOTARY'S SEAL:
NOTA Y PUBLIC, STATE O FLORIDA
(Signature of Notary Taking Acknowledgment)
Elizabeth. .Dagnpn
(Name of Acknowledger Typed,Printed or Stamped)
"•�,. aEkBEIHA.DAGNON
Notary ReC-State of Rafda
MY
Cmrrfi�on F�►esMoy7'2DD4 Commission Number
Corrrrision;CC934295
•
r_ l_ r
•
CITY OF FORT LAUDERDALE through its Mayor, authorized to execute same by
Commission action on the3rdday of Anril , 2003.
CITY OF FORT LAUDERDALE
WITNESSES:
By:
Mayor
By: �
ty Manager
(CORPORATE SEAL)
ATTEST:
By: �
C' Clerk
Approved as to form:
By:
rCityttorney
•
CITY OF HALLANDALE BEACH through its Mayor, authorized to execute same by
Commission action on the day of /� 2003.
CITY OF HALLANDALE BEACH, ORIDA
Attest Seal)
Mayo City Cler
CITY OF HOLLYWOOD through i Mayor, authorized to execute same by
Commission action on the3lA-day of�, 2003.
CITY OF HOLLYWOOD, FLORIDA
Attest: (Seal)
BY-
BY:
Patr"emy, C Mara Giulianti, Mayor
City Clerk
Approved as to form and legality
For the use and reliance of the
City of Hollywood,Florida, only.
BY:
Daniel L. Abbott, City Attorney
•
•
CITY OF LAUDERDALE LAKE thro its Mayor, authorized to execute same by
Commission action on the�day of�2003.
CITY OF LAUDERDALE LAKES
By:
���r DAVID SHOMERS, VICE MAYOR
coJ
ATTEST: .t� ...•.l..
�.'r_ QCnL OF
H OF
:o =
y
CAROLE S.' O�RI` '
Sinned, sealed and
The presence of.-
Witness Signature
, �Aal r- G• ,t�rd ^J
Printed Name
Witness Signature
Q �
Printed Name
CITY OF LAUDERHILL through its ity Manager, authorized to execute same by
Commission action on the�Dday of 2003.
CITY OF LAUDERHILL,FLORIDA
By. ATTE
Charles Faranda, City Manager City Clerk Judith Higgins
(Seal)
Approved as to Form
• By A*Aorney
City
CITY OF LAZYLA t�rough its Mayor, authorized to execute same by Council
action on thay of . 2003.
WI SSES: CITY OF LAZY LAKE
ByCL= l
Mayor-Commissioner
2 '—may of 2003.
ATTEST: /
By: By: llJ wv
City Clerkf-� City Manager
Day of 2003.
APPROVED S TO FORM:
By:
r
City Attorne
•
CITY OF MA.RGATE through its Mayor, authorized to execute same by Commission
action on the may of Apri 2003.
APPROVED BY RESOLUTION NO. 9806 - 4/23/03
ATTEST: CITY OF MARGATE, FLORIDA
B
By:
CITY CLERK DEBRA TBOMAS ALERICO, YOR
By.
LEONARD B. GOLUB
CITY MANAGER
•
APPROVED AS TO FORM:
By
FEC Y
•
CITY OF MIRAMAR through its City Manager, authorized to execute same by Commission
action on the day of 92003.
WITNESSES: CITY OF MIRAMAR
ATTEST:
• City Clerk City Manager
Day of _ 2003.
(CORPORATE SEAL)
APPROVED AS TO FORM:
BY:
City At omey
CITY OF NORTH LAUDERDALE through its Mayor, authorized to execute same by
Commission action on the day of ,2GO3•
CITY OF NORTH LAUDERDALE, a
Florida municipal corporation
By:
Mark Bates, City Manager
ATTEST: APPROVED AS TO FORM:
Ltd
By: 9.1 . . By'
C. Milli Dyer, City Clerk amuel'!G en, City Attorney
CITY OF OAKLAND PARK through its Mayor, authorized to execute same by
Commission action on the( day of Ap�;1 , 2003.
CITY OF OAKLAND PARK
a Florida municipal corporation
By:
DONALD MI LIORE,MAYOR
ATTEST:
By:
• -r-r : NANCY I. BALL, CMC, CItY CLERK
APPROVED AS TO FORM:
By:
DO ALD J. , CI ATT Y
a
CITY OF PARKLAND through its Mayor, authorized to execute same by Commission
action on the 15day of April ,2003.
CITY OF PARKLAND
WITNES n
By: aY=
Mayor ROBERT A. MARKS
I Day of 2003.
By: a mj
ATTEST:
By: By: 41�
City Clerk Ci an r e
• _ J/
�Day of 2003.
(CORPORATE SEAL)
APPROVED AS TO FORM:
By:
City Atto ey Andrew Maurodis
• p�,_,yl OF PEADR01M PARK throu9b its Mayor, authonzed to execute same by
Commission action on the qay of 2003.
CITY OF PEMBROKE PARK
ATTEST:
By: � '� v�.;� By. Jo P.Lyons
Howard P. Clark, Jr. or-Co sioner
Clerk-Commissioner
APP E AS TO FORM:
BY �J
�}�TOW ATTORNE
C H sISTOPHER J.RY
Of P E Me�O
o� U OSa ,o <0-
SEAL r
gh its Mayor, authorized to execute same by
CITY OF TEMBROKE PINES throu
Commission action on the day of(7 '2003.
ATTEST: CITY OF PEMBROKB PINES, FLORIDA
By: By
EEN M TESH,CITZ' CLERK M R ALEX G:F EKETE
APPROVED AS TO FORM:
z a�
OFF E *THE ATT RI�EY
•
CITY OF PLANTATION through its Mayor, authorized to execute same by Council
action on thc23day of Apr i1 ,2003.
Signed, sealed and delivered in the presence of:
CITY OF PLANTATION
Attest
Susan Slattey, City Clerk
Wi ess:
e Carole Armstrong,Mayor
Marcy H. Burgess
Typed Name of Witness
As to legal form:
Witness:
C— By:
Donald unny, Jr.
City A orney
Eleanor F. Bowen
Typed Name of Witness
• CITY OF POMPANO BEACH through its Mayor, authorized to execute same by
Commission action on the 2 2 day of Ap:r.11 2003.
Witness: CITY OF POMPANO BEACH
By: cVie
By:
MCGINN, Mayor
By: By:
Signature !CITY
WAGER
�,
Attest:
v
(SEAL)
By: -
MAR L. C ERS
CITY LE
• Approved As t orm:
By:
GORDON B.LINN
CITY ATTORNEY
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 2 9 th day of
A127'il , 2003,by YAY MGGINN as Mayor of the City of Pompano Beach.,
Florida, a municipal corporation, on behalf of the municipal corporation who is
personally]mown to me.
NOTARY'S SEAL:
NO ARY PUBLIC, STATE OF FLORIDA
\�\1�N1111111►� ��
�ElAHAM z Asceleta Iiammond
Ov21Y 7,0 9�• �_
a 4DD 148711
�-Y �*a BOnded m� �0f'=Q
�i9�A•ry�rblic Under+.;•������
IE
I I �\\,�
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 2 9 th_ day of
April 2003 by C. WIL,LIAM HA,RGETT, �', as City Manager of the
icipal
City of Pompano Beach, Florida, a municipal corporation, on behalf of the mun
corporation, who is personally known to me.
NOTARY'S S�1111111111JJ�� , NOTARY PUBLIC, STATE OF FLORIDA
\� A HAMtij���,�
• �Ss�oN•�'��i�/i�� Asceleta Hammond
�V
coa�y 2 oF' (Name of Acknowledger Typed,Printed or Stamped)
• mC N
•� �.40 :*
IDD 148711 a
Z . o� Bonded ` P Oct z Commission Number
��9��•.�PublicUt�
///i//o,31 i i i i,,\
• STATE OEFLO�W
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 2 day of
April , 2003 by MA'RY L. CHAMBERS as City.Clerk of the City of
Pompano Beach, Florida; a municipal corporation, -on behalf of the municipal
corporation,who is personally known to me.
r�
NOTARY'S SEAL: NOTARY PUBLIC, STATE OF FLORIDA
Asceleta Hammond
(Name of Acknowledges Typed,Printed or Stamped)
��111111111111J/J��
I A HAtij
\�e�G �' %� Commission Number
o
M�SSIO/y
V o �p
A�'• r
#DD 148711 ;_o
o9•'y°a Bonded o�ir�°,�•OQ�
TOWN OF SOUTHWEST RANCHES through its Mayor, authorized to execute same
by Council action on the 8 day of ,2003.
TOWN OF SOUTHWEST RANCHES, FLORIDA
By: w
MECCA FINK,MAYOR
ATTEST:
By:
ARI E , TOWN CLERK
APPROVED AS TO FORM AND CORRECTNESS
•
BY: U L
GARY A.POL ,TO ATTORNEY
•
CITY OF SUWSE through its Mayor, authorized to execute same by Commission
action on the ay of 2003•
CITY OF SUNRISE,FLORIDA
BY:
Steven B. Feren, Mayor
This So day of A r . I 2003.
AUTHENTIC ION: '
• Felicia M ravo, City le
r
(SEAL)
Approved as to Form and Legal Sufficiency
Office of the City Attorney, Sunrise,Florida.
Jeffrey D. Olson, City Attorney
City of Sunrise
10770 W. Oakland Park Boulevard
Sunrise,Florida 33351
T4ne' ) 746-3300
B
D lson
•
CITY OF TAMARAC through its Mayor, authorized to execute same by Cor=ssion
action on thed0day of 2003.
CITY OF TAMARAC
By: -
Joe Schreiber, Mayor
Date: a `�
ATTEST:
)A-��4-
4 Jo By'
B _
y Jef L. iller, City Manager
Marion Swenson, CMC
Date: L�
Approved as to form and legal
Sufficiency:
y. �11,�(�v3
Mitchell S. a ity Attomey
CITY OF VYESTON through its Mayor, authorized to execute same by Commission
action on the Q It day of 2003.
CITY OF WESTON, through its
City Commission
ATTEST:
By: .
Eric M. :Herdh,Mayor
Patricia A. Bates, City Clerk day ofa -2003.
BY
Jo . F� , City Manager
day of34A ,2003.
•
Approved as to form and legality
for the use of and reliance by the
City of Weston only:
BY:
CITY SEAL' �;
Jamie an Cole City Attorney � )��`�. �-'�:�.`'.,-;- :-
d o 003. -
.......... . ........ n ..._____ _-./'__iv-..•_n_L-._!T`__.:�-nl__..:�.. n__- w/t-CAC
•
CITY OF WILTON MANORS through its Mayor, authorized to execute same by
Council action on the day of o�� ,2003.
CITY OF VJILTON MANORS, FLORIDA
By:
J STORK, MAYOR
ATTEST: APPROVED AS TO FORM:
By: - y:
• ANGELA SCOTT, CMC/AAE I Y E ROL
CITY CLERK I Y ORNEY
•
• EXF IIBIT"A"
ADDRESS AND NOTICE LIST
Superintendent of Schools
The School Board ofBroward County,Florida
600 Southeast Third Avenue
Fort Lauderdale,Florida 33301
Dept. of Planning &Environmental Protection
Broward County, Florida
218 South West I"Avenue
Fort Lauderdale,Florida 33301
City Manager
City of Coconut Creek
4800 West Copans Road
Coconut Creek,FL 33063
• City Manager
City of Cooper City
9090 SW 50th Place
Cooper City,FL 33329
City Manager
City of Coral Springs
9530 West Sample Road
Coral Springs,FL 33065
City Manager
City of Dania Beach
100 West Beach Boulevard
Dania Beach,FL 33004
Town Administrator
Town of Davie
6591 Orange Drive
Davie,FL 33314
City Manager
City of Deerfield Beach
150 N.E. 2nd Avenue
• Deerfield Beach, F.L 33441-3598
City Manager
City of Fort Lauderdale
100 North Andrews Avenue
Fort Lauderdale,FL 33301
City Manager
City of Hallandale Beach
400 South Federal Highway
Hallandale,FL 33009
City Manager
City of Hollywood
2600 Hollywood Boulevard
Hollywood,FL 33022
City Manager
City of-Lauderdale Lakes
4300 N.W. 36 Street
Lauderdale Lakes,FL 33319
City Manager
• City of Lauderhill
2000 City Hall Drive
Lauderhill,FL 33313
Richard Coker
Lazy Lake City Attorney
644 SE 5th Avenue
Fort Lauderdale,FL 33301
City Manager
City of Margate
5790 Margate Boulevard
Margate,FL 33063
City Manager
City of Miramar
6700 Miramar Parkway
Miramar,FL 33023
City Manager
City of North Lauderdale
701 S.W. 71 Avenue
North Lauderdale,FL 33068
• City Manager
City of Oakland Park
3650 N.E. 12th Avenue
Oakland Park,FL 33334
City Manager
City of Parkland
6600 University Drive
Parkland,FL 33067
Town Manager
Town of Pembroke Park
3150 SW 52"d Avenue
Pembroke Park, FL 33023
City Manager
City ofPembroke Pines
10100 Pines Boulevard ,
Pembroke Pines,FL 33026-3900
Mayor City of Plantation
• 400 N. W. 73 Avenue
Plantation,FL 33317
City Manager
City of Pompano Beach
100 West Atlantic Boulevard
Pompano Beach,FL 33060
Town Administrator with a copy to: Gary A.Poliakoff,Town Attorney
Town of Southwest Ranches 3111 Stirling Road
6589 SW 160th Avenue Fort Lauderdale,FL 33312
Southwest Ranches,FL 33331
City Manager
City of Sunrise
10770 West Oakland Park Blvd.
Sunrise,FL 33351
City Manager
City of Tamarac
7525 N.W. 88 Avenue
Tamarac,FL 33321-2401
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City Manager
. City of Weston
2500 Weston Road, Suite 101
Weston, FL 33331
City Manager
City of Wilton Manors
524 NE 21 st Court
Wilton Manors, FL 33305
•
PRINTED 4/1/03 Page 45 of 45
WEISS SEROTA HELFMAN
PASTOHIZA & GUEDES, P.A.
• ATTORNEYS AT LAW
BROWARD OFFICE
MITCHELL A. BIERMAN JOHN R. HERIN,JR.
NINA L. BONISKE 3107 STIRLING ROAD, SUITE 300 CHRISTOPHER F. KURTZ
JAMIE ALAN COLE FORT LAUDERDALE, FLORIDA 33312 HARRIET R.LEWIS*
EDWARD G. GUEDES PETER A.LICHTMAN
STEPHEN J. HELFMAN KAREN LIEBERMAN*
GILBERTO PASTORIZA JAMIE ALAN COLE MATTHEW H.MANDEL
JOSEPH H.SEROTA MANAGING SHAREHOLDER-BROWARD OFFICE BERNARD S.MANDLER'
NANCY E.STROUD MICHAEL J. MARRERO
RICHARD JAY WEISS ALEXANDER L.PALENZUELA-MAURI
DAVID M.WOLPIN TELEPHONE (954) 763-4242 MICHAEL S.POPOK'
STEVEN W.ZELKOWITZ TELECOPIER (954) 764-7770 ANTHONY L.RECIO
WWW.WSH-FLALAW.COM GARY I. RESNICK'
MIAMI-DADE OFFICE MARK A.ROTHENBERG
THOMAS J.ANSBRO" 2665 SOUTH BAYSHORE DRIVE •SUITE 420 SCOTT A. ROBIN
LILLIAN ARANGO DE LA HOZ` DANA J.SCHINDLER
MIAMI, FLORIDA 33133
ALISON S.BI,ELER TELEPHONE (305)854-0800 • TELECOPIER (305)854-2323 GAIL D.SEROTA*
MITCHELL J. BURNSTEIN ARI C.SHAPIRO
ELAINE M.COHEN JEFFREY P.SHEFFEL
STEPHANIE DEUTSCH' *OF COUNSEL JOSE S.TALAVERA
DOUGLAS R.GONZALES SUSAN L.TREVARTHEN
May 19, 2003
• Mr. Mike McDaniel
Dept. of Community Affairs
Regional Review Section 2
Div. of Resource Management
2555 Shurriard Oak Blvd.
Tallahassee, FL 32399
Re: City of Dania Beach—Executed School Interlocal Agreement
Dear Mike:
In accordance with Rule 9J-11.022(2), F.A.C, enclosed please find three copies of
the executed School Interlocal Agreement between the City of Dania Beach, the Broward
County School Board and other non-exempt municipalities. A copy has also been
provided to the Office of Educational Facilities and SMART Schools Clearinghouse, with
a copy of this letter. Dania Beach executed the agreement on May 20, 2003. No waivers
were sought or,granted.
For more information on this matter, please contact Mr. Laurence Leeds, Director
of Growth Management Department, City of Dania Beach, 100 W. Dania Beach Blvd.
Dania Beach, FL 33004; (954) 924-3640; phone and (954) 924-3642 fax;
LLeeds@ci.dama-beach.fl.us.
Mr. Mike McDaniel
May 19, 2003
Page 2 of 2
•
Please call me if you have any questions or need to discuss.
Very truly yours,
Susan L. Trevarthen
566.029
SLT:ga
cc: Office of Educational Facilities and SMART Schools Clearinghouse
(with enclosures)
Ivan Pato (with enclosures)
City Manager
City of Dania Beach
Alan L. Gabriel, Esq. (with enclosures)
• Tom Ansbro, Esq. (with enclosures)
WEISS SEHOTA HELFMAN
PASTORIZA & GUEDES, P.A.
FLORIDA
April 28, 2003
Alan L. Gabriel, Esq
Katz, Barron, Squitero, Faust & Boyd, P.A.
Attorneys at Law
100 NE 3rd Avenue, Suite 280
Ft. Lauderdale, FL 33301
RE: Interlocal Agreement for Public School Facility Planning
Dear Mr. Gabriel:
On April 22, 2003, the Dania Beach City Commission adopted Resolution
No. 2003-094 approving the Interlocal Agreement for Public School Facility
Planning, between the School Board, Broward County and its municipalities.
We enclose a copy of the Resolution and two originals of the Interlocal
Agreement fully executed by the City of Dania Beach. The Interlocal Agreements
now require final execution by the School Board and Broward County officials
and we would appreciate it if you would expedite this process. It is our
understanding that you will obtain all signatures from Broward County and the
School Board for this agreement. Please return one (1) fully executed original
to me for our records.
If you have any questions regarding this lease agreement, please contact
our City Attorney, Thomas Ansbro, at (954) 763-4242.
Thank you for your assistance in this matter.
Sincerely,
ChrIn4eo 4sn
City Clerk
Enclosures
CJ/mn
•
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
INTERLOCAL AGREEMENT
FOR
PUBLIC SCHOOL FACILITY PLANNING
BROWARD COUNTY, FLORIDA
This agreement (hereinafter referred to as "Agreement") is entered into between The
School Board of Broward County, Florida (hereinafter referred to as "School Board"),
Broward County, a political subdivision of the State of Florida (hereinafter referred to as
"County"); the City Commission or Town Council of the Cities or Towns of Coconut
Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort
Lauderdale, Hallandale Beach, Hollywood, Lauderdale Lakes, Lauderhill, Lazy Lake,
Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park,
Pembroke Pines, Plantation, Pompano Beach, Southwest Ranches, Sunrise, Tamarac,
Weston and Wilton Manors (hereinafter referred to collectively as "Municipalities").
RECITALS
WHEREAS, the School Board, the County and Municipalities recognize their mutual
interest for the education, nurture and general well-being of the children within their
community; and
WHEREAS, the School Board, the County and the Municipalities recognize the benefits
that will flow to the citizens and students of their communities by more closely
coordinating their comprehensive land use and school facilities planning programs:
namely (1) better coordination of new schools in time and place with land development,
(2) greater efficiency for the School Board and local governments by siting schools to
take advantage of existing and planned roads, water, sewer, and parks, (3) improved
student access and safety by coordinating as feasible the construction of new and
expanded schools with the road and sidewalk construction programs of the local
governments and requiring new or redevelopment projects containing residential
developments to construct sidewalks linking the development to school(s) located within
a reasonable distance from the development, (4) as feasible, locating and designing
schools to serve as community focal points, (5) encouraging developers of new or
redevelopment projects containing residential units to build pedestrian friendly
developments that will link their projects to schools located within a reasonable distance
from the development, and (6) to enable greater efficiency and convenience by
collocating schools with parks, ball fields, libraries, and other community facilities to
take advantage of joint use opportunities; and
WHEREAS, Section 1013.33 Florida Statutes, requires that the location of public
educational facilities be reviewed for consistency with the comprehensive plan and
implementing land development regulations of the appropriate local governing body; and
DANIA CHANGES 4122103 Page 1 of 20
WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local
government to adopt an intergovernmental coordination element as part of their
comprehensive plan that states principles and guidelines to be used in the
accomplishment of coordination of the adopted comprehensive plan with the plans of the
school boards, and describes the processes for collaborative planning and decision
making on population projections and public school siting; and
WHEREAS, Sections 163.31777 and 1013.33 Florida Statutes, further require each
county and the non-exempt municipalities within that county to enter into an interlocal
agreement with the district school board to establish jointly the specific ways in which
the plans and processes of the district school board and the local governments are to be
coordinated; and
WHEREAS, the Broward County Charter grants county-wide authority regarding land
use plan amendments, plats and certain growth management issues to the Broward
County Commission and the Commission has authority over other growth management
issues in the unincorporated areas of the county; and
WHEREAS, the Municipalities have certain authority regarding local land use plan
amendments, rezoning and other growth management issues within their jurisdictional
boundaries; and
WHEREAS, the School Board has the responsibility to provide school facilities to insure
a free and adequate public education to the residents of Broward County;.and
• WHEREAS, the School Board, the County, and the Municipalities enter into this
Agreement in fulfillment of that statutory requirement and in recognition of the benefits
accruing to their citizens and students described above.
NOW THEREFORE, for good and valuable consideration the receipt and sufficiency is
hereby acknowledged the parties mutually agree that the following procedures will be
followed in coordinating land use and public school facilities planning:
ARTICLE I
RECITALS
1.1 The above recitals are true and correct and are hereby incorporated as a part of
this Agreement.
ARTICLE II
JOINT MEETINGS
2.1 A staff working group comprised of representatives from the School Board, the
County and the Municipalities (hereinafter referred to as "Staff Working Group")
will at least annually meet to discuss issues and formulate recommendations
DANIA CHANGES 4122103 Page 2 of 20
regarding coordination of land use and school facilities planning, including such
issues as population and student projections, development trends, school needs,
co-location and joint use opportunities, ancillary infrastructure improvements
needed to support the schools and safe student access. The School Board of
Broward County Superintendent of Schools, or his designee (hereinafter referred
to as "Superintendent") will appoint appropriate staff to attend and participate in
the Staff Working Group meetings. The School Board staff shall coordinate and
be responsible for scheduling such meeting(s) and providing notification with at
least 30 days advance written notice to the appropriate members.
Representative(s) from the South Florida Regional Planning Council will also be
notified and invited to attend. The joint workshop sessions will also be
opportunities for the County, the Municipalities and the School Board to hear
reports, discuss policy, set direction, and reach understandings concerning issues
of mutual concern regarding school facilities planning and off site improvements.
A written summary report will be issued by the Staff Working Group. The initial
meeting of the Staff Working Group shall be held within 60 days from the
effective date of this Agreement, upon at least 30 days written advance notice.
ARTICLE III
STUDENT ENROLLMENT AND POPULATION PROJECTIONS
• 3.1 In fulfillment of their respective planning duties, the School Board, the County
and the Municipalities agree to coordinate and base their plans upon consistent
projections of the amount, type, and distribution of population growth and student
enrollment. Countywide five-year population and student enrollment projections
shall be revised annually and provided in the subsequent calendar year at the staff
working group meeting described in Subsection 2.1.
3.2 The Superintendent shall utilize student population projections base$ on
information produced by the demographic, revenue, and education estimating
conferences pursuant to Section 216.136 Florida Statutes, where available, as
modified by the Superintendent based on development data coordinated with the
local governments. The Superintendent may request adjustment to the estimating
conferences' projections to reflect actual enrollment and development trends. In
formulating such a request the Superintendent will coordinate with the County
and Municipalities regarding development trends and future population
projections.
3.3 The County will continue to provide population projections that will be utilized to
verify the geographic distribution of School Board student projections
countywide.
DANIA CHANGES 4122103 Page 3 of 20
ARTICLE IV
COORDINATING AND SNARING OF INFORMATION
4.1 Tentative District Educational Facilities Plan: Commencing June, 2003 and
annually thereafter, the Superintendent shall submit to the County and to each
Municipality the tentative District Educational Facilities Plan (hereinafter referred
to as the "Tentative Plan") no later than 14 days prior to the anticipated hearing
date by the School Board. Upon providing the Tentative Plan to local
governments and giving proper notice to the public and opportunity for public
comment, the School Board may amend the Tentative Plan to revise the priority
of projects, to add, or delete projects, to reflect the impact of change orders, or to
reflect the approval of new revenue sources which may become available. The
Tentative Plan will be consistent with the requirements of Section 1013.35 Florida
Statutes, and include, an inventory of existing school facilities, projected five-year
student enrollment projections apportioned by school and geographic area, Florida
Inventory of School Housing for each school as approved by the Department of
Education, the number of portables in use at each school, the number of portables
projected to be in use at each school, five-year capital improvements for pertinent
schools, planned new schools, general locations of new schools for the five, ten,
and twenty-year time periods, the School District unmet needs and options to
reduce the need for additional permanent student stations. The Tentative Plan
• will also include a financially feasible district facilities work program for a five
year period. The County and Municipalities shall review the Tentative Plan and
send written comments to the Superintendent within 30 days from receipt of the
draft Tentative Plan, on the consistency of the Tentative Plan with the local
comprehensive plan, and whether a comprehensive plan amendment will be
necessary for any proposed educational facility for consideration prior to the final
adoption hearing.
4.2 Information regarding schools scheduled for renovations shall be provided in the
tentative District Educational Plan.
4.3 Educational Plant Survey: At least one year prior to preparation of the
Educational Plant Survey which is updated every five (5) years, the Staff Working
Group established in Subsection 2.1 will assist the Superintendent in preparation
of the update. The Educational Plant Survey shall be consistent with the
requirements of Section 1013.31, Florida Statutes, and include at least an
inventory of existing educational facilities, recommendations for new and existing
facilities, and the general location of each in coordination with the applicable land
use plan.
4.4 Growth and Development Trends: Commencing September, 2003 and annually
• thereafter, the County in conjunction with the Municipalities will use their
respective best efforts to provide the Superintendent with a report on growth and
development trends within their jurisdiction. This report maybe in tabular and/or
DANIA CHANGES 4122103 Page 4 of 20
graphic, and textual formats and include, but not be limited to the following
information, if available:
(a) The total number of ongoing and remaining residential development units,
plat name and number, subdivision name, type and number of bedrooms;
(b) The total number of certificate of occupancy (CO's) issued to date for
each ongoing or remaining residential development units by plat name and
number, subdivision name, type and number of bedrooms;
(c) The projected phasing of the CO's issued for each ongoing or remaining
residential development units for the remaining portion of the year, and by
year for the next five years by plat name and number, subdivision name,
type and number of bedroom;
(d) The projected development or potential redevelopment of vacant or other
developed land;
(e) Residential properties undergoing plat review by plat name and number;
(f) Information regarding the conversion or redevelopment of housing or
other structures into residential units likely to generate new students; and
(g) The identification of any development order(s) issued which contain a
requirement for the provision of a school site as a condition of
development approval.
4.5 No later than the 15th of each month, the County will provide by correspondence
to the Superintendent, the list of all residential plat(s) granted approval by the
Broward County Commission during that preceding month. At a minimum, the
information shall contain the plat name, plat number, residential type and number
of units. If no plat was approved during the month, the County will send
correspondence indicating so.
4.6 No later than 15 days after the approval of any land use plan amendment(s), the
County will provide by correspondence to the Superintendent, the list of land use
plan amendment(s) adopted by the Broward County Commission. At a minimum,
the information shall contain the amendment number, residential type and number
of residential units if applicable. If no land use plan amendment was adopted
during the month, the County will send correspondence indicating so.
ARTICLE V
SCHOOL SITE SELECTION, SIGNIFICANT RENOVATIONS,
AND POTENTIAL SCHOOL CLOSURES
5.1 School Board staff will review potential sites for new schools and proposals for
potential closure of existing schools and significant renovations consistent with
School Board Policy 5000, as may be amended from time to time. The
recommendations will be included in the District Educational Facilities Plan.
DANIA CHANGES 4122103 Page 5 of 20
5.2 When the need for a new school is identified in the District Educational Facilities
Plan, the Superintendent's Site Review Committee (hereinafter referred to as the
"Site Review Committee") will consider a list of potential sites in the area of
need. The list of potential sites for new schools and the list of schools identified
in the District Educational Facilities Plan for significant renovation and potential
closure will be submitted to the local government with jurisdiction for an informal
assessment regarding consistency with the local government comprehensive plan,
including, as applicable: environmental suitability, transportation and pedestrian
access, availability of infrastructure and services, safety concerns, land use
compatibility and other relevant issues. Based on the information gathered during
this review for new schools the Site Review Committee will make a
recommendation to the Superintendent of one or more sites in order of preference.
For those purposes specified in this Article V, the School Board shall amend
School Board Policy 7000 to provide for the membership of the Site Review
Committee referenced therein. It shall identify the members and how they shall
be appointed. In addition to the current representatives from the South Florida
Regional Planning Council and Broward County, the Site Review Committee
shall include at least one (1) member who shall be appointed by the
Municipalities (additional members may be appointed at the Superintendent's
discretion) and at least one (1) "floating member" designated by the city manager
or administrator of the affected local governments iir'hzhieh the new
f edit., may be 'eeatea For the purposes of this subsection, a floating member
from the affected local governments shall be defined as the local government
jurisdiction in which the proposed school facility will be located, or significant
renovations or school closures may occur, and all adjacent local governments.
5.3 In addition to existing criteria utilized by the Site Review Committee and in
conformance to pertinent School Board Policy (as may be amended from time to
time) regarding the selection of new school sites and school closures, the
Superintendent will coordinate information regarding site plans for proposed new
schools with the affected local governments in accordance with Sections 1013.33,
1013.36 and other applicable portions of Section 1013, Florida Statutes.
5.4 Pursuant to Section 1013.33 (11), Florida Statutes, at least 60 days prior to
acquiring or leasing property that may be used for a new public educational
facility, the Superintendent shall provide written notice to the local government
with jurisdiction over the use of the land. The local government, upon receipt of
this notice, shall notify the Superintendent within 45 days if the proposed new
school site is consistent with the land use categories and policies of the local
government's comprehensive plan. This preliminary notice does not constitute
the local government's determination of consistency pursuant to Section
1013.33(12), Florida Statutes.
DANIA CHANCES 4122103 Page 6 of 20
ARTICLE VI
SUPPORTING INFRASTRUCTURE
6.1 In conjunction with the preliminary consistency determination described at
Subsection 5.4 of this Agreement, the School Board and affected local
governments will jointly determine the need for and timing of on-site and off-site
improvements necessary to support each new school or the proposed significant
renovation of an existing school, and will enter into a written agreement, or
amend a current agreement, if applicable, to be consistent with this Agreement as
to the timing, location, and the party or parties responsible for funding,
constructing, operating and maintaining the required improvements.
ARTICLE VII
LOCAL PLANNING AGENCY, COMPREHENSIVE PLAN AMENDMENTS,
_ REZONINGS, AND DEVELOPMENT APPROVALS
7.1 To the extent required by Section 163.3174, Florida Statutes, as may be amended
from time to time, the School Board shall appoint a School District staff
member(s) to be its representative on the County and each respective
Municipality's local planning agency. Notification of the staff member's name,
title and address shall be submitted in a timely manner to the applicable local
planning agency.
7.2 To the extent required by Section 163.3174, Florida Statutes, as may be amended
from time to time, the County, or Municipalities will include the representative
appointed by the School Board to serve on its local planning agency, or equivalent
agency and the representative will have the opportunity to attend those meetings
at which the agency considers comprehensive plan amendments and rezonings
that would, if approved, increase residential density for the property that is the
subject of the application (not including allocations of flex or reserve units or
local activity center units approved in the Broward County Land Use Plan). When
available, the School Board representative shall attend and participate in local
planning agency meetings at which residential density could increase. The County
or Municipalities may at its discretion grant voting status to the School Board
representative.
7.3 As a part of its development review process, the County and Municipalities agree
to provide a copy of rezoning and comprehensive plan amendment applications
that could increase residential density to the Superintendent. At a minimum, the
information provided shall include the name of the applicant, current and
proposed use, existing permitted and proposed and type of units, acreage, general
location map and section, township and range and the anticipated date the local
planning agency may consider this item if such date is determined at the time the
DANIA CHANGES 4122103 Page 7 of 20
information is provided. The County or Municipalities shall provide the deadline
• for receiving comments from the Superintendent, however, the time provided to
the Superintendent for submitting such comments shall be no less than twenty-one
(21) days and no greater than thirty (30) days from the date the information is
provided to the Superintendent. If no deadline is provided together with the
information, then the Superintendent shall provide comments no later than thirty
(30) days after receipt of the information. Further, the County or Municipalities
will notify in writing to the Superintendent when the application receives final
approval from the governing body.
7.4 The School Board shall continue to participate in the Broward County land use
plan amendment review process through its Broward County Planning Council
appointed member.
7.5 The School Board shall continue to participate through staff review in the
Broward County plat, site plan, vacation petition and other pertinent development
applications review process and participate as necessary on other growth
management issues.
7.6 The County and the Municipalities agree to notify the Superintendent of proposed
land use applications, amendments to the comprehensive plan future land use
map, rezonings, and developments of regional impact, and other- ,-eside„tial Or
wed-use—deve ent pr-ejeets with a residential eempenent (not including
allocations of flex or reserve units or local activity center units approved in the
Broward County Land Use Plan) pending before them that may affect student
enrollment, enrollment projections, or school facilities. Such notice shall be
provided to the Superintendent at the same time as notice is provided to the public
for the applications under the provisions of the County Code or City Ordinances.
7.7 The written comments provided by the Superintendent to the County and
Municipalities regarding rezoning, comprehensive plan amendments, and plats,
and other- esidential ems will
advise the local government of the student impacts anticipated to result from the
development proposal, the capacity status of the schools(s) and the planned
capacity improvement(s) and alternatives available. School capacity will be
reported consistent with Department of Education, Florida Inventory of School
Houses.
7.8 If sufficient capacity is not available or anticipated in the District Educational
Facilities Plan to serve the development the School Board, local government, and
developer may use their best efforts to collaboratively develop options that aim to
provide the capacity to accommodate new students.
7.9 In reviewing and approving comprehensive plan amendments and rezonings the
County and Municipalities may consider the following issues consistent with
applicable governmental codes and comprehensive plans in addition to such other
criteria as may be applicable or appropriate:
DANIA CHANGES 4122103 Page 8 of 20
(a) School Board comments provided pursuant to Chapters 163 and
® 1013, Florida Statutes which may include, but not be limited to:
(i) Available school capacity or planned improvements to
increase school capacity;
(ii) The provision of school sites and facilities within planned
neighborhoods;
(iii) Compatibility of land uses adjacent to existing schools and
reserved school sites;
(iv) The collocation of parks, recreation and neighborhood
facilities with school sites;
(v) The linkage of schools, parks, libraries and other public
facilities with bikeways, trails, and sidewalks for safe access;
(vi) Traffic circulation plans which serve schools and the
surrounding neighborhood;
(vii) The provision of off-site signalization, signage, access
improvements, and sidewalks to serve schools;
(viii) The inclusion of school bus stops and turnarounds; and
(ix) The installation of appropriate buffers such as, but not
limited to, a solid fence or concrete wall, solid hedges or increased
setbacks that will ensure compatibility with the adjacent school for
any new development that will be located adjacent to an existing
school or an identified future school.
7.10 In formulating community development plans and programs that may affect
public school facilities, the County and Municipalities will provide notice to the
Superintendent concerning any workshop or regular meetings which relate to such
community development plans and programs and will invite the Superintendent's
submission of comments and participation at such meetings.
7.11 To assure compatibility with adjacent land uses, the School Board will comply
with local government land development regulations including design guidelines)
and site plan review requirements.
ARTICLE VIII
COLLOCATION AND SHARED USE
8.1 Collocation and shared use of facilities are important to both the School Board
and local governments. In accordance with pertinent School Board growth
management policy, the School Board will look for opportunities to collocate and
DANIA CHANGES 4122103 Page 9 of 20
share use of school facilities and civic facilities when preparing the District
Educational Facilities Plan. Likewise, collocation and shared use opportunities
will be considered by the local governments when preparing the annual update to
the comprehensive plan's schedule of capital improvements and when planning
and designing new, or renovating existing, community facilities. For example,
opportunities for collocation and shared use with public schools will be
considered for libraries, parks, recreation facilities, community centers,
auditoriums, learning centers, museums, performing arts centers, and stadiums.
nr-addition,
8.2 A separate agreement will be developed for each instance of collocation and
shared use which addresses, but is not limited to, legal liability, operating and
maintenance costs, scheduling of use, and facility supervision or any other issues
that may arise from collocation and shared use once constructed, including
reimbursement to the entity that paid for same in the event either party requires
any such facilities to be removed, repositioned, or altered.
ARTICLE IX
RESOLUTION OF DISPUTES
9.1 If the parties to this Agreement are unable to resolve any issue in which they may
rbe in disagreement covered in this Agreement, such dispute will be resolved in the
following manner:
(a) First, the disputing parties will meet together through their respective county
or municipal manager or administrator and the Superintendent or their
respective designee;
(b) If the disputing parties are still unable to resolve the dispute, the disputing
parties agree to further attempt to resolve the dispute in accordance with
governmental conflict resolution procedures specified in Chapter 164 or 186,
Florida Statutes or such other processes deemed mutually agreeable and
appropriate by the parties involved.
ARTICLE X
OVERSIGHT PROCESS
10.1 The School Board, the County and the each Municipalityies shall each appoint up
to five a members to serve on an oversight fifteen (1 G ~„effiber committee to
monitor the implementation of this Agreement. Committee members shall be
notified in writing and advised of the meetings referenced in Article II and shall
receive copies of all pertinent reports and documents produced pursuant to this
Agreement. The Superintendent shall organize and staff the meetings of this
Committee, utilizing the Staff Working Group for assistance as needed. The
Committee shall appoint a chairperson, meet at least annually and report to
DANIA CHANGES 4122103 Page 10 of 20
participating local governments, the School Board, the County and the general
public on the effectiveness with which this Agreement is being implemented. The
Chairperson of the Committee shall preside over the meeting and within 30 days
generate a report regarding successes and failures regarding implementation of the
interlocal agreement during the preceding calendar year. The Committee meeting
regarding review of the interlocal agreement shall be conducted as a public
meeting advertised to provide opportunity for public participation.
10.2 Fo r-poses of seleeting the five appointed Munieipal fn2iiber-s,,thMunieipalities will appoint the five representatives thfeugh a pr-eeess deemed
mutually agreeable and appropriate by these Munieipalities whe are a pai4y te this
Agr-eefnent.
ARTICLE XI
EFFECTIVE DATE AND TERM
11.1 This Agreement shall become effective upon the signatures of the School Board
and the County and shall remain in full force and effect for a period of five (5)
years from the effective date. The joinder by each Municipality shall make the
agreement effective as to that respective Municipality. This Agreement may be
earlier cancelled by mutual agreement of the School Board, or the County or the
respective Municipalities, unless otherwise cancelled as provided or allowed by
• law.
11.2 This Agreement may be extended upon the mutual consent of the parties to this
Agreement for one additional five (5) year term, conditioned upon the same terms
and conditions as contained herein, provided that the party seeking an extension
provides written notice to the other parties of such intent to extend no later than
one (1) year prior to the expiration of the then current term, and the other parties
agree in writing to such extension. The one additional five year extension term
shall be valid only to those parties who consented in writing thereto, and shall not
be conditioned upon the consent of all original parties hereto.
ARTICLE XII
MISCELLANEOUS
12.1 Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties, and supersedes all other agreements
concerning the subject matter contained herein. Any amendments to this
Agreement shall be in writing and executed by each respective party.
Notwithstanding the foregoing, the parties hereto agree and acknowledge that this
Agreement is not intended to usurp or modify the authority, rights, or obligations
of the School Board, County or Municipalities as such may be provided elsewhere
by law.
DANIA CHANGES 4122103 Page 11 of 20
12.2 Severability. If any one or more of the provisions contained in this Agreement
shall for any reason be held invalid, illegal, unlawful, void or unenforceable with
respect to any party hereto, the remainder of this Agreement or the application of
such provisions to a party other than those to whom is held invalid, illegal,
unlawful, void or unenforceable, shall not be affected and each provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law as
if such invalid, illegal unlawful, unenforceable or void provision had never been
included herein.
12.3 Notices. All notices or other communications (other than notices for
meetings as provided for elsewhere in this Agreement) which shall or may be
given pursuant to this Agreement shall be in writing and shall be delivered by
personal service or by certified mail addressed to the parties at their respective
addresses as specified in Exhibit "A", attached hereto and made a part hereof.
Any party may from time to time designate any other address for this purpose by
written notice to the parties hereto. Such notice shall be deemed given on the day
on which personally served, or if by mail, on the fifth day after being posted or
the date of actual receipt, whichever is earlier.
12.4 Governing Law. This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Any
controversies or legal problems arising out of this Agreement and any action
involving the enforcement or interpretation of any rights hereunder shall be
submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit
of Broward County, Florida.
12.5 Headings. The captions, section numbers, article numbers, title and headings
appearing in this Agreement are inserted only for convenience and in no way
define, limit, construe or describe the scope or intent of such articles or sections of
this Agreement, nor in any way effect this Agreement and shall not be construed
to create a conflict with the provisions of this Agreement. I\
12.6 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original.
12.7 Supplementary Agreements. All parties to this Agreement stipulate that
the School Board may enter into Supplementary Agreements with individual
municipalities to address individual circumstances. Any such Supplementary
Agreement shall not be inconsistent with this Agreement.
12.8 Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this
Agreement on behalf of the party for whom he or she is signing, and to bind and
obligate such party with respect to all provisions contained in this Agreement.
12.9 Indemnification. Each party agrees to be fully responsible for its acts of
negligence, or its agent's acts of negligence when acting within the scope of their
•
DANIA CHANGES 4,122103 Page 12 of 20
employment and agrees to be liable for any damages resulting from said
negligence.
12.10 No Waiver of Sovereign Immunity. Nothing contained in this Agreement
is intended to serve as a waiver of sovereign immunity by any agency to which
sovereign immunity may be applicable.
12.11 No Third Party Beneficiaries. The parties expressly acknowledge that it is
not their intent to create or confer any rights or obligations in or upon any third
person or entity under this Agreement. None of the parties intend to directly or
substantially benefit a third party by this Agreement. The parties agree that there
are no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a claim against any of the parties based upon this Agreement.
Nothing herein shall be construed as consent by any agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising
out of any contract.
12.12 Non-Discrimination. The parties shall not discriminate against any
employee or participant in the performance of the duties, responsibilities and
obligations under this Agreement because of race, age, religion, color, gender,
national origin, marital status, disability or sexual orientation.
12.13 Records. Each party shall maintain its own respective records and
documents associated with" this Agreement in accordance with the records
retention requirements applicable to public records. Each party shall be
responsible for compliance with any public documents request served upon it
pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's
fees for non-compliance with that law.
IN WITNESS WHEREOF, this Interlocal Agreement has been executed on the respective
dates under each signature by and on behalf of Broward County, each of the respective
Municipalities and the School Board of Broward County, Florida on this day of
, 2003.
[REMAINING PORTION OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
SIGNATURE PAGES FOLLOW.]
DANIA CHANGES 4122103 Page 13 of 20
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
By
Lois Wexler, School Board Chair Witness as to all Signatories
Print Name
ATTEST:
Franklin L. Till, Superintendent of Witness as to all Signatories
Schools Print Name
(CORPORATE SEAL)
State of Florida, Broward County
WITNESS my hand and official seal this day of A.D. 2003
Print Name (AFFIX NOTARY SEAL)
My Commission Expires:
Approved as to form:
Edward J. Marko, School Board Attorney
DANIA CHANGES 4122103 Page 14 of 20
® BROWARD COUNTY through its Mayor, authorized to execute same by Board action
on the_day of , 2003.
BROWARD COUNTY, by and through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By:
Broward County Administrator, as Diana Wasserman Rubin, Mayor
Ex-officio Clerk of the Broward
County Board of County Commissioners
Day of , 20-03.
Approved as to form by
Office of County Attorney
Broward County, Florida
i EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By:
Assistant County Attorney
DANIA CHANGES 4122103 Page 15 of 20
CITY OF DANIA BEACH through its Mayor, authorized to execute same by
Commission action on the 22nd day of APRIL 2003.
CITY OF DANIA BEACH,
ATTEST: a Florida municipal corporation
jadL� BY:
Charlene Johnso Bob Anton
CITY CLERK MAYOR-COMM R
il"_ B
an ato
CITY MANAGER
• APPROVED FOR FORM
AND CORRECTNESS:
BY:
� I
Thomas Y. Ansbro,`Esquire
CITY_ATTORNEY
DANIA CHANGES 4122103 Page 16 of 20
. EXHIBIT "A"
ADDRESS AND NOTICE LIST
Superintendent of Schools
The School Board of Broward County, Florida
600 Southeast Third Avenue
Fort Lauderdale, Florida 33301
Dept. of Planning &Environmental Protection
Broward County, Florida
218 South West 1"Avenue
Fort Lauderdale, Florida 33301
City Manager
City of Coconut Creek
4800 West Copans Road
Coconut Creek, FL 33063
City Manager
City of Cooper City
9090 SW 50th Place
Cooper City, FL 33329
City Manager
City of Coral Springs
9530 West Sample Road
Coral Springs, FL 33065
City Manager
City of Dania Beach
100 West Beach Boulevard
Dania Beach, FL 33004
Town Administrator
Town of Davie
6591 Orange Drive
Davie, FL 33314
City Manager
City of Deerfield Beach
150 N.E. 2nd Avenue
• Deerfield Beach, FL 33441-3598
DANIA CHANGES 4/22/03 Page 17 of 20
City Manager
City of Fort Lauderdale
100 North Andrews Avenue
Fort Lauderdale, FL 33301
City Manager
City of Hallandale Beach
400 South Federal Highway
Hallandale, FL 33009
City Manager
City of Hollywood
2600 Hollywood Boulevard
Hollywood, FL 33022
City Manager
City of Lauderdale Lakes
4300 N. W. 36 Street
Lauderdale Lakes, FL 33319
City Manager
City of Lauderhill
2000 City Hall Drive
Lauderhill, FL 33313
Richard Coker
Lazy Lake City Attorney
644 SE 5th Avenue
Fort Lauderdale, FL 33301
City Manager
City of Margate
5790 Margate Boulevard
Margate, FL 33063
City Manager
City of Miramar
6700 Miramar Parkway
Miramar, FL 33023
City Manager
City of North Lauderdale
701 S.W. 71 Avenue
North Lauderdale, FL 33068
DANIA CHANGES 4/22/03 Page 18 of 20
City Manager
® City of Oakland Park
3650 N. E. 12th Avenue
Oakland Park, FL 33334
City Manager
City of Parkland
6600 University Drive
Parkland, FL 33067
Town Manager
Town of Pembroke Park
3150 SW 52°a Avenue
Pembroke Park, FL 33023
City Manager
City of Pembroke Pines
10100 Pines Boulevard
Pembroke Pines, FL 33026-3900
Mayor City of Plantation
400 N. W. 73 Avenue
Plantation, FL 33317
® City Manager
City of Pompano Beach
100 West Atlantic Boulevard
Pompano Beach, FL 33060
Town Administrator with a copy to: Gary A. Poliakoff, Town Attorney
Town of Southwest Ranches 3111 Stirling Road
6589 SW 160`h Avenue Fort Lauderdale, FL 33312
Southwest Ranches, FL 33331
City Manager
City of Sunrise
10770 West Oakland Park Blvd.
Sunrise, FL 33351
City Manager
City of Tamarac
7525 N. W. 88 Avenue
Tamarac, FL 33321-2401
•
DANIA CHANGES 4122103 Page 19 of 20
City Manager
• City of Weston
2500 Weston Road, Suite 101
Weston, FL 33331
City Manager
City of Wilton Manors
524 NE 21 st Court
Wilton Manors, FL 33305
•
DANIA CHANGES 4/22/03 Page 20 of 20
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH *7*
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: 04/22/03
2. DESCRIPTION OF AGENDA ITEM: APPROVAL AGREEMENT REQUEST
3. COMMISSION ACTION BEING REQUESTED: GENERAL APPROVAL OF ITEM
4. SUMMARY EXPLANATION & BACKGROUND:
RESOLUTION AUTHORIZING THE CITY COMMISSIONERS TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, NONEXEMPT MUNICIPALITIES,
BROWARD COUNTY AND THE SCHOOL BOARD OF BROWARD COUNTY.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
STAFF REPORT
RESOLUTION
DRAFT AGREEMENT
LETTERS FROM CITY ATTORNEY
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds, AICP, Director Date April 17,2003
Growth Management Department
City Manager Date
CITY OF DANIA BEACH
GROWTH MANAGEMENT DEPARTMENT
STAFF REPORT
TO: Ivan Pato, City Manager
FROM: L urence Leeds, AICP, Director
Growth Management Department
DATE: April 22, 2003
SUBJECT: Resolution Adopting Broward County School Board
Interlocal Agreement
Attached is the revised school board interlocal agreement including the changes
discussed at the April 8 City Commission.
Also attached is an evaluation of possible consequences of not approving the
agreement as recommended by the School Board attorney.
RECOMMENDATION
Staff defers to the City Attorney on this issue.
•
Weiss Serota Helfman
Pastoriza & Guedes, P.A.
M M 0
To: Laurence Leeds, Growth Management Director, City of Dania Beach
From: Thomas J. Ansbro, City Attorney
Susan L. Trevarthen, Assistant City Attorney
Date: April 16, 2003
Re: What Happens if the City and the School Board Do Not Agree on a School
Interlocal Agreement Prior to May 1
In response to your recent inquiry noted above, there is no new information on the
. deadline. DCA and the School Board will no doubt continue to emphasize strict
conformance with the schedule, because it is in their interest to do so. Ultimately, what
the School Board thinks about this issue does not matter; it is DCA that will judge
compliance. The School Board is equally at risk of financial penalties from the
Department of Education in the event it does not enter into an agreement with a
municipality.
Although it cannot be guaranteed that the same thing will happen in Broward
County, we can share with you the experience with DCA's interpretation of this
requirement in Miami-Dade County. The Miami-Dade County agreement was due on the
first statutory deadline of March 1, with two other counties, and the School Board voted
on and distributed a draft on January 15. [Thus, cities in Miami-Dade County had six
weeks to process the agreement; in Broward County, we have only had four weeks.] In
Miami-Dade County, DCA has (a) treating late signatures by municipalities, if within the
first 15 working days after the deadline, as being in compliance, and not serving any
notices to show cause; (b) in the case of not reaching an agreement, serving notices to
show cause on both the relevant city and the School Board; and (c) generally appearing to
try as hard as possible to avoid having to send one of these issues to the Administration
Commission.
•
For example, Bay Harbor Islands is the only Miami-Dade municipality to have
received a notice to show cause after 15 working days pursuant to statute, even though
five Dade communities signed the agreement after the deadline (in some cases, these
signatures were two weeks late). DCA chose to require responses to the notices within
21 days. Friday, April 11 was the 21 st day and the parties submitted responses.
There was also a negotiation session Friday with DCA (Mike McDaniel and Bob
Cambric), Miami-Dade School Board representatives, and the Town Council of Bay
Harbor Islands. Because it appeared that further negotiation would be fruitful, the DCA
Secretary, via phone, interpreted that there is no timeframe specified anywhere in the
statute for sending these matters to the Administration Commission. Thus, DCA could
and would give the Town and the School Board an additional 45 days to work it out, with
the express possibility of additional time being given if progress is being made. If they
do work it out, the Town's understanding is that DCA plans to never send this matter to
the Administration Commission.
If they follow the same course as in Miami-Dade County, DCA will consider the
School Board and the City to be equally at fault if there is not a fully executed agreement
by the deadline, assuming that the parties are both negotiating in good faith on language
addressing the statutory requirements and intent. DCA may try to avoid making these
concessions in other counties as much as possible, but this appears to be what they will
do if there is a good faith failure to agree on relevant issues. We are not advocating
stretching this issue beyond May 1. We are just trying to provide you the information
• needed to assess the risk if the City winds up wanting or needing to do so.
•
2
9545225211
04/15/2003 14:51 9545225211 KATZ BARRON PAGE 01/02
KATZ, BARRON, SQUITERO, FAUST & BOYD, P.A.
ATTORNEYS AT LAW
K T.ADAMS FIRST FT. LAUDERDALE PLACE RONALD M.
ARD AI LEN LLD M.BARRONB9a
K S.AUERBACHER 100 N.E.THIRD AVENUE,SUITE 280 ( )
ROBERT H.BLANK FT.LAUDERDALE,FLORIDA 33301
W.TODD BOYD OF COUNSEL
CHARLES D.BRECKER ROXANNE K.BEILLY
MELISSA S.CHANNING BROWARD: (954)522.3830•(954)781-4720 ROGER S.GOLDMAN
JORGE r,G.DEL VALLE MIAMI-OADE(306)856-2baa RICHARD MORTON
ERICA L.ENGLISH LAWRENCE N,ROSEN.P.A.
MARC L.FAUST TELECOPICR. (954)522-5119 WILLIAM A.ZEIHER,P.A.
HOWARD L.FRIEDBERG www,katzbarron.com
ALAN L,GABRIEL M
ROBERTC.GRADY IAMI OFFICE:
ANA C.HARRIS 2699 SOUTH BAY$I•IORE DRIVE
ELIZABETH A.HEISE SEVENTH FLOOR
MATHAI JACOB MIAMI,FLORIDA 33133S40B
MICHEEL 0,KATZ TELEPHONE;(305)868-2444
NICOLE T. KOPELOWITZ TELECOPIER:(305)285-9227
ANNA A,KRIMSHTEIN
ROBERT B.MCCAUSLANO -`
MARIA G MONTENEGRO
ALlCIA MORALES-FERNANDEZ
RICHARD A, MORGAN
CARLO$E,MUSTELIER JR.
DOSE R.R
WILLIAM D..ROHR ROHRER
JONATHAN 0.$HAMRES
$TEPHEN A.SMITH
JOHN R.SOUITERO
MICHELE L.STOCKER
DENNIS M.STOTTS April 15, 2003
VIA TELEFAX AT 954-T$4-7770
Susan L. Trevarthen, Esq.
c/o Weiss, Serota et al.
3107 Stirling Road, Suite 300
® Fort Lauderdale, Florida 33312
Re: Interlocal Agreement
Dear Ms. Trevarthen:
I am in receipt of your letter dated April 11, 2003.
As you acknowledge in your letter, I was present at the Dania Beach Commission meeting
of April 8, 2003, and, with all due respect, I must take exception to your characterization
of some of the discussion that occurred. In particular, at no time was the Commission
advised that the School Board would be considering further changes to the Interlocal
Agreement at its meeting of April 291h. The School Board will be advised of any continuing
concerns or comments of the various municipalities, but there has been no promise that
these concerns and comments will result in formal Board action at that meeting to further
amend the Agreement.
Regarding Item No. 3 referenced in your letter of March 31, 2003 (applicability to
allocations of flex units, etc.), I advised Mr. Leeds of my disagreement with his
interpretation of this issue. He requested written confirmation of my position and was
advised that I would need him to provide me with a more detailed written statement of his
reasoning to which I could respond. To date, I have not received that correspondence.
please be advised that I am not authorized to attend the City Commission's meeting of
• April 22nd without a written request being provided. Upon receipt of such a request, my
attendance would be based on my availability as of the time the request is received.
rj/2003 14: 51 9545225211 KATZ BARRON PAGE 02/02
Susan L. Trevarthen, Esq,
April 15, 2003
Page 2
Should you wish to discuss this matter further, please do not hesitate to contact me.
Very truly yours,
ALAN L.
GABRIEL_
02181001.trevlet041503
~ram 7
cc: Edward Marko, Esq. (by fax at 954-768-8616)
Chris Akagbosu (by fax at 954-765-6062)
Larry Leeds (by fax at 954-922-2687)
Torn Ansbro, City Attorney (by fax at 954-764-7770)