Broward County Commission Regular Meeting


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AI-25152 24.       
Meeting Date: 09/14/2017  
Director's Name: Henry A. Sniezek
Department: Environmental Protection Division: Planning & Development Management

Information
Requested Action
MOTION TO APPROVE Third Amended and Restated Interlocal Agreement for Public School Facility Planning, Broward County, Florida, to permit an additional option to measure public school capacity,and authorize the Mayor and Clerk to execute same.

ACTION:  (T-10:38 AM)  Approved.
 
VOTE: 8-0.  Commissioner Ryan was not present.
 
ACTION:  (T-10:48 AM)  The Board reconsidered the Consent Agenda to pull Supplemental Item Number 70 which had been previously transferred to the Consent Agenda.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner Ryan was not present.

ACTION:  (T-10:48 AM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.
Why Action is Necessary
Amending the Interlocal Agreement for Public School Facility Planning requires the approval of the School Board, Broward County, and 75% of the municipalities representing 50% of the population of Broward County in order to amend its terms.
What Action Accomplishes
Amends the level of service (LOS) standard for school concurrency commencing in the 2019/2020 school year, after the required approval signatures are obtained, from the existing LOS 100% of gross capacity to the higher of 100% gross capacity (which includes portables) or 110% permanent capacity, depending on school type at each of the District’s bounded public schools.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE OF ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PLANNING AND DEVELOPMENT MANAGEMENT DIVISION RECOMMEND APPROVAL.

Pursuant to Section 163.3177, F.S., the School Board of Broward County is proposing changes to the Interlocal Agreement for Public School Facility Planning (ILA) to address projected level of service deficiencies resulting from shortfalls in school construction funding.

In 2010, the Broward County Level of Service Standard was revised from 110% permanent capacity (i.e. fixed buildings) to 100% gross capacity (i.e. including portables). This 100% gross capacity standard will expire at the beginning of the 2018/19 School Year. The School Board has determined that maintaining 100% gross capacity is no longer desirable, because the District is not permitted to construct additional capacity using State funds due to excess capacity Districtwide, which leaves school boundary changes as the only remaining mechanism to bring schools into compliance.

Recognizing the need for an alternative to the 100% gross capacity standard, School District staff has worked collaboratively with Broward County and the municipalities through the School Board's Oversight Committee and Staff Working Group to develop an amendment to the proposed level of service standard. The Third Amendment and Restated ILA (Exhibit 1) amends the level of service standard to the higher of: 100% gross capacity or 110% permanent capacity, depending on school type at each of the District’s bounded public schools. The Florida Department of Education and Florida Department of Economic Opportunity concur that Section 163.3180(6), Florida Statutes, provides for a school district and its partner local governments to define school types in the manner that reflects local conditions for the purpose of establishing a uniform, districtwide level-of-service standard for public schools of the same type.

This amended ILA also includes minor revisions to outdated statutory references, and certain procedures and time frames to address unanticipated implementation issues (Exhibit 3). It should be noted that this amendment would reduce, but not eliminate, all level of service deficiencies in the District.

The proposed amendment was approved by the School Board, on June 13, 2017. However, it  would only become effective if approval is also obtained from the Board [Broward County Commission] and at least 75% of the Municipalities which include at least 50% of the population within Broward County (at least 21 of the 37 Municipal Signatories).
Source of Additional Information
Josie P. Sesodia, AICP, Director, Planning and Development Management Division, (954) 357-6602

Fiscal Impact
Fiscal Impact/Cost Summary:
No fiscal impact.
Attachments
Exhibit 1 - Agreement
Exhibit 2 - Letter from the Oversight Committee
Exhibit 3 - Summary of Proposed Changes


    

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