Resolution No. 2019-32 Initiating Conflict Resolution Procedures Regarding a Conflict with the School District of Miami-Dade County, FL - June 20, 2019 RESOLUTION NO. 2019-32
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, INITIATING CONFLICT RESOLUTION
PROCEDURES PURSUANT TO CHAPTER 164, FLORIDA STATUTES,
THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION ACT,
REGARDING A CONFLICT BETWEEN THE CITY OF AVENTURA
AND THE SCHOOL DISTRICT OF MIAMI-DADE COUNTY, FLORIDA;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, School Board of Miami-Dade County Florida (the "School Board") as the
governing board of the Miami-Dade County School District (the "School District") placed a
referendum measure before the voters of Miami-Dade County, Florida at the election of
November 6, 2018 (the "Referendum"), pursuant to School Board Resolution 18- 047; and
WHEREAS, the voters of Miami—Dade County, including the electors of the City of
Aventura(the "City") approved the Referendum and authorized taxes levied by the School Board
to be increased for a period of four (4) years in order to fund teacher and instructional staff pay
supplements and school safety enhancements for public schools; and
WHEREAS, the charter schools of the City which are owned by the City and have been
constructed at the expense of the taxpayers of the City constitute public schools; and
WHEREAS, the School Superintendent, acting on behalf of the School Board of the
School District has refused the City Commission's requests that the School District share the
funds raised by the Referendum (the "Referendum Revenue") with the City for the benefit of the
City's municipal charter schools; and
WHERAS, the School Board's refusal to share Referendum Revenue with the City is
contrary to the requirements of Sections 1011.71 (9), and 1011.73, Florida Statutes; and
WHEREAS, the purpose of the Florida Government Conflict Resolution Act (the "Act")
is to promote, protect, and improve the health, safety, and welfare and to enhance
intergovernmental coordination efforts by the creation of a governmental conflict resolution
procedure that can provide an equitable, expeditious, effective, and inexpensive method for
resolution of conflicts between and among local and regional governmental entities, such as the
City and the School District; and
WHEREAS, the Act authorizes the City to initiate the conflict resolution provisions of
the Act prior to initiating court proceedings against the School District; and
WHEREAS, the Act sets forth the procedures for notice and conflict dispute resolution
of intergovernmental disputes and authorizes the City Commission of the City to initiate the
conflict resolution procedures through the passage of a resolution by its governing body.
City of Aventura Resolution No. 2019-32
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and are made a specific part of this Resolution.
Section 2. That the City of Aventura, Florida has a conflict with the Miami-Dade
County School District, Florida.
Section 3. That the issues in the conflict are: (a) the failure of the School District to
transfer a portion of the Referendum Revenue to the City to be utilized at the City's charter
schools for enhanced compensation for high quality teachers and instructional personnel and for
enhanced school safety and security, as required by the Referendum and Sections 1011.71(9) and
1011.73, Florida Statutes;(b) with the proportional share of the Referendum Revenue to be
provided to the City to be based on City's charter schools percentage of student population as
compared to the total student population of the School District.
Section 4. That the City believes that the School District has failed to respond to the
City's good faith attempts to address and resolve the conflict.
Section 5. That the City Commission hereby states its intention to initiate the conflict
resolution procedures of the Act as set forth in Chapter 164, Florida Statutes, prior to initiating
court proceedings to resolve the conflict between the City and the School District.
Section 6. That the City Manager is authorized and directed to provide a certified
copy of this Resolution and the letter required by Section 164.1052, Florida Statutes, to the
School District Superintendent, within 5 days after adoption of this Resolution, by certified mail,
return receipt requested, to schedule a conflict assessment meeting, and to take all other
appropriate action pursuant to Chapter 164, Florida Statutes.
Section 7. That this Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Dr. Marks, who moved its
adoption. The motion was seconded by Commissioner Mezrahi, and upon being put to a vote, the
vote was as follows:
Commissioner Dr. Linda Marks Yes
Commissioner Gladys Mezrahi Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Commissioner Howard Weinberg Yes
Vice Mayor Denise Landman Absent
Mayor Enid Weisman Absent
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City of Aventura Resolution No. 2019-32
PASSED AND ADOPTED on this 20th day of June, 2019.
COMMISSION R ' aP151ri=T S LL
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ATTEST:
ELLISA L. HORVATH,
CITY CLERK
APPROVE P ,- • LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this ('Q day of June, 2019.
CITY CLERK
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