HomeMy WebLinkAboutR-2009-224 Supporting ILA to Avoid the Proposed School Boundary Changes- Rescinded 11-30-09 RESOLUTION #2009-224
WAS RESCINDED BY
THE CITY COMMISSION
AT THEIR SPECIAL
MEETING
HELD ON
NOVEMBER 30, 2009
RESOLUTION NO. 2009-224
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, SUPPORTING
AN AMENDMENT TO THE INTERLOCAL AGREEMENT FOR PUBLIC
SCHOOL FACILITIES PLANNING IN ORDER TO AVOID THE CURRENTLY
PROPOSED SCHOOL BOUNDARY CHANGES IN BROWARD COUNTY;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Broward County School Board ("School Board"), Broward County Board
of County Commissioners ("County"), and the non-exempt Broward County Municipalities
("Municipalities") entered into an Interlocal Agreement for Public School Facilities Planning
("ILA") in 2007 pursuant to the requirements of Sections 163.3180(13) and 163.31777, Florida
Statutes; and
WHEREAS, the ILA adopted the individual school boundary as the Concurrency Service
Area, and adopted a Level of Service standard of 110% of permanent FISH capacity for these
Concurrency Service Areas; and
WHEREAS, the ILA was found to be in compliance by the Department of Community
Affairs and is currently in effect; and
WHEREAS, various new facilities were proposed in the School Board's Educational Plant
Survey to support the feasibility of the ILA's Concurrency Service Areas and Level of Service
standards; and
WHEREAS, these proposed new facilities were subsequently rejected by the state and,
without construction of these facilities, many Concurrency Service Areas will fail to meet the
adopted Level of Service standard over the next five years;and
WHEREAS, the School Board has responded to these projected failures to meet the Level
of Service standard by proposing boundary changes for the affected schools which will ultimately
domino across the County and affect a large number of schools; and
WHEREAS, such boundary changes are disruptive to the education of our children, deprive
families of their reasonable expectations as to which schools their children will attend, and will
otherwise cause harm and substantial inconvenience to many of the residents of the Municipalities;
and
WHEREAS, the Staff Working Group under the ILA, comprised of staff representation
from the School Board, County, and the Municipalities,held a meeting on October 29, 2009; and
WHEREAS, the Staff Working Group made a recommendation to continue the use of a
110% permanent capacity Level of Service standard, but to amend the ILA to change the
Concurrency Service Area from the individual school boundary to eight (8) Concurrency Service
Areas, each containing multiple school boundaries, as a means of avoiding the proposed changes to
school boundaries; and
WHEREAS, another proposal involves the creation of twelve (12) Concurrency Service
Areas, which does not avoid the need to change school boundaries at the middle school level and
thus does not resolve the current controversy and avoid the above-referenced harm to residents of
the Municipalities; and
WHEREAS, the Staff Working Group will forward its proposal to the Oversight
Committee for the ILA ("Oversight Committee") for further review in November, 2009; and
WHEREAS, the Oversight Committee will subsequently forward its recommendation to
the School Board,the County and all Municipalities for approval; and
WHEREAS, the proposed amendment to the ILA ultimately requires approval by the
School Board, the County and at least 75% of the Municipalities representing at least 50% of the
population of Broward County; and
2 RESOLUTION#2009-224
WHEREAS, although the amendment process will likely not be complete prior to the
School Board's vote on the "Superintendent's Boundary Recommendations," the recommendations
brought forth by the Staff Working Group and Oversight Committee should discourage the School
Board from approving the currently proposed boundary changes; and
WHEREAS, should conditions change and additional facilities be approved for
construction by the state, the School Board, County and Municipalities can revisit the ILA and
further revise the Level of Service standard or Concurrency Service Areas as may be appropriate;
and
WHEREAS, the City of Dania Beach, Florida deems it to be in the best interests of the
citizens and residents of Broward County to support the amendment to the ILA endorsed by the
Staff Working Group, and further urges the School Board, the Municipalities and the County to
adopt the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA THAT:
Section 1. The foregoing "WHEREAS" clauses are ratified and confirmed as being true
and correct and they are made a specific part of this Resolution.
Section 2. The City of Dania Beach, Florida supports the continued use of a 110%
permanent capacity Level of Service standard, but recommends amending the ILA to change the
Concurrency Service Area from the individual school boundary to eight (8) Concurrency Service
Areas,each containing multiple school boundaries, and urges the Municipalities, the County and the
School Board to approve such an amendment to the ILA.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
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Section 4. This Resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED on November 10,,200109. r
vW", CC
ANNE CASTRO
MAYOR—COMMISSIONER
,S FIRST
ATTEST;
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TOTORM CORRECTNESS:
THOM S J. S*
CITY ATTORNEY
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