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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-165Temp Reso No. 11732 November 16, 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO.2009- 165-- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA SUPPORTING THE BROWARD COUNTY LEAGUE OF CITIES AMENDMENT TO THE INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITIES PLANNING IN ORDER TO AVOID THE CURRENTLY PROPOSED SCHOOL BOUNDARY CHANGES IN BROWARD COUNTY; (CASE NO. 32-MI-09) PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 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 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 Temp Reso No. 11732 November 16, 2009 Page 2 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 Temp Reso No. 11732 November 16, 2009 Page 3 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 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 Tamarac deems it to be in the best interests of the citizens and residents of Tamarac to support the amendment to the ILA endorsed by the Staff Working Group, and further urges the School Board, the other Municipalities and the County to adopt the same. THAT: NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TAMARAC, FLORIDA Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Temp Reso No. 11732 November 16, 2009 Page 4 Section 2. The City of Tamarac hereby supports the continued the 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 Mil Section 3. This Resolution shall become effective immediately upon its passage and adoption. PASSED ADOPTED AND APPROVED this day of �%"7�, 2009. BETH F ANS AUM- ALABISCO, MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO CITY CLERK DIST 1: COMM BUSHNELL DIST 2: COMM ATKINS-GRAD DIST 3: COMM GLASSER DIST 4: COMM DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. )Z�S /A0 N ITRNEY 1