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03-27-2001 CC Workshop
City Commission Workshop Meeting March 27, 2001 9:00 A.M. 2. 3. 4. 5. 6. AGENDA Board Reports Community/Recreation Center Update Charter School Update* 199th Street RR Crossing* Quasi-Judicial Ordinance* Cultural Center Update *Back-up Information Exists Next Meeting: Planning Session - April 2, 2001 This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. Charter School Feasibility Study for the CITY OF AVENTURA Prepared By: C }IA RTE R S('IIOOLS ~S A (harter SchoolHouse Developers, Inc. March 2001 CHARTER SCHOOLS USA Charter SchoolHouse Developers, Inc. III. VI. TABLE OF CONTENTS Page Executive Summary ........................................................................ ii Introduction A. Purpose of Study .................................................................... 1 B. General Background .................................................................. 1 C. Scope of Study ................................................................... 2 Need Analysis A. Student Population ..................................................................... 3 B. Overcrowding ......................................................................... 5 C. Academic Performance .............................................................. 6 Demand Analysis A. Community Support .................................................................. 7 B. Community Survey .................................................................. 8 Land/Site Analysis A. Site Identification ...................................................................... 9 B. Site Evaluation ....................................................................... 11 C. Site Acquisition Costs ........................................................... 14 Economic Feasibility A. Construction/Capital Funding ..................................................... 15 B. Estimated Project Costs ............................................................. 17 C. Operational Funding ................................................................. 19 VII. Conclusion ..................................................................................... 2o Appendix Project Budget & Site Plan Financial Forecast Survey Development & Management Overview Curriculum Overview School's Governance Structure Transportation Miscellaneous City of Avetttura Charter School Feasibility Study Page i Charter Schools USA Charter SchoolHouse Developers ©March 2000 EXECUTIVE SUMMARY Charter Schools USA and Charter SchoolHouse Developers were contracted by the City of Aventura to do a study to examine the feasibility of an elementary charter school within the city's boundaries. In this study, we examined four (4) basic factors to determine the feasibility of developing an elementary charter school: need, demand, land~site availability, and economic feasibility. There is a great need for a comprehensive charter elementary school in the City of Aventura. This need is based on the following issues: A growingpopulation of Kindergarten - 5th grade students; 60% overcrowding in local elementary schools; On average, 9 portables behind each local elementary school; and Poor to average academic performance within existing schools serving the community. The City and the community have demonstrated demand for an elementary school. 76% of parents polled indicated that they would send their child(ten) to a charter school in the community. In addition, 58% of those surveyed who live in Aventura proper indicated that they would be willing to pay more toxes for a charter school in the community. Though real estate is expensive and limited in the City of Aventura, two feasible sites have been identified: the Tempest Property and the PLC site. The latter is currently owned by the city; therefore, no additional land acquisition costs would be incurred. However, plans for the construction ora community center adjacent to the Tempest site will create cost savings and economies of scale that may outweigh the attributes associated with the PLC site. As a municipally sponsored elementary charter school, the City has the opportunity to utilize the most cost effective means of financing this entire project through tux- exempt financing. Applying the capital outlay funds against the debt on a 20-year bond would yield a significant return for the City. I City of Aventura Charter School Feasibility Study Page ii Charter Schools USA Charter SchoolHouse Developers ©March 2000 INTRODUCTION Purpose of Study Charter Schools USA and Charter SchoolHouse Developers were contracted by the City of Aventura to do a study to examine the feasibility of an elementary charter school within the city's boundaries. This study details expectations and appropriate financing while also discussing effective means to manage the process of developing and operating a charter school. Genera~round Located in the northeast comer of Dade County and in close proximity to the Broward County line, Aventura has become "home" to over 20,000 residents made up of young professionals, families and retirees. Since them is no elementary school located within the confines of the City of Aventura, such growth has necessitated City involvement in finding a fast and efficient means of creating an academic solution to optimize the quality of education for the many children of Aventura in kindergarten to fifth grade. As mentioned before, this study will analyze the feasibility of developing an elementary charter school in the City of Aventura. In general, education choices range from public schools to private institutions. However, charter schools serve as a great compromise on this spectrum of educational opportunities. Since 199 i, the charter school movement has brought about many tangible and intangible benefits to students, parents, school districts and communities. Charter schools are independent public schools, funded with public money, operating under a performance-based contract with the local school board. Though these schools are held strictly accountable for academic and financial performance, they are autonomous in nature and free from many of the regulations that other schools must follow (e.g., building size, land requirements, academic/curriculum focus). City of Aventura Charter School Feasibility Study Page 1 Charter Schools USA Charter SchoolHouse Developers ©March 2000 Scope of Study This study examines the feasibility of developing an elementary charter school (grades kindergarten - 5th) in the City of Aventura. For the purpose of this study, the population within the city limits were examined (the Dade/Broward county line to the north, N.E. 175th Street to the south, the intercoastal waterway to the east and the Florida East Coast Railroad to the west). Listed below are the factors used to assess the feasibility of an elementary charter school: The need for an elementary charter school; The demand for an elementary charter school; Land availability within the boundaries of the City of Aventura to accommodate a comprehensive elementary charter school; and Economic feasibility of developing a charter school. We will attempt to examine each factor in great detail to determine if the City of Aventara can support the development of an elementary charter school within its boundaries. (Since this study is being done for the City, population trends were excluded. Through conversations with city officials and staff, it has been confirmed that both the rate of population growth and city demographics can support an elementary charter school within the city limits.) City of Aventura Charter School Feasibility Study Page 2 Charter Schools USA Charter SchoolHouse Developers ©March 2000 NEEDS ANALYSES The state of education in the City of Aventura will determine if there is a need for an elementary charter school. Need can be assessed by examining the local student population and the quality of the elementary schools that serve the City of Aventura's children. The state of education in South Florida reveals a public education system that is chronically overcrowded - the greater Aventura area is no exception. As a result of the current state of education, a small percentage of parents have decided to take advantage of other education alternatives such as home schooling and private/parochial schools. Though both options are very suitable choices, they result in some level of financial impact. Home schooling requires an adequate family income and the private/parochial schools come with a significant price tag in the form of tuition. Local school tuition in Aventura ranges fi'om $5,000-$10,000 per year. The public education system has always been the educator of the masses. The following exhibit (Exhibit A) represents the current number of Aventura students attending public schools. Aventura is an attractive community to raise a family; therefore, these numbers have grown at a dramatic rate and are expected to continue to grow. The majority of the children living in the 33160 and 33180 zip code areas live in Aventura. Further examination indicates that of the 4,309 students enrolled in public school, the majority of these students (44% or 1,898 children) are in grades K-5. There is currently no public elementary school in the City of Aventura. Furthermore, there is no comprehensive elementary school planned by the Miami-Dade School Board over the next five years. Therefore, parents of these students must send their children to schools outside the community. Studies have indicated that most parents would prefer to send their children to a school that is physically located in their community versus one that is outside their community. Educating within a neighborhood school environment is convenient and instills a sense of pride in the community. City of Aventura Charter School Feasibility Study Page 3 Charter Schools USA Charter SchoolHouse Developers ©March 2000 Exhibit.4 - Student Population in the City of Aventura Zip Code Zip Code 33160 33180 Total Grade Level: K 172 103 275 1 199 121 32O 2 205 116 321 3 205 107 312 4 209 115 324 5 195 151 346 PK-5 total 1,185 713 1,898 44% 343 337 353 1,033 24% 6 188 155 7 192 145 8 188 165 6-8 total 568 465 9 241 190 431 10 200 140 340 11 170 181 351 12 132 124 256 9-12total 743 635 1,378 32% Total 2,496 1,813 4,309 I City of Aventura Charter School Feasibility Study Page 4 Charter Schools USA Charter SchoolHouse Developers ©March 2000 Unfortunately, the public schools that serve the children of Aventura are overcrowded, operate in poor facilities, and deliver average to poor academic performance. There are currently three (3) public elementary schools that serve the City of Aventura residents: Boone/Highland Oaks Elementary 20500 NE 24th Ave. North Miami Beach Greynolds Park Elementary 1536 NE 179th Street North Miami Beach Ojus Elementary 18600 W. Dixie Highway Miami As the community grows, the trend indicates that there are two ways to accommodate growth quickly: the placement of more students in a classroom and/or the utilization of temporary facility solutions (e.g., portables, relocatables, and primary learning centers). As a result, schools become overcrowded quickly. On average, the schools that serve the Aventura community are sixty percent (60%) over the assigned capacity( This equates to a total of 1,1412 students placed in portables or crammed in classrooms with one teacher. (See Exhibit B) Exhibit B - Capacity Report State Assigned Current # Students % Over School Capacity Enrollmen~ over Canacity Caoacity Boone/Highland Oaks 708 1,034 326 46% Greynolds Park 734 1,233 499 68% Ojus Elementary 487 804 317 65% Total 1,929 3,070 1,141 60% Average 643 1,024 380 60% By design, portables are temporary facilities constructed for a 1-5 year useful life. However, the influx of children in South Florida has forced many school districts to choose this solution until funds are available to facilitate new school construction or 1 Capacity is the allowed usage of a permanent facility. The Miami-Dade County School Board determines the assigned capacities of all schools in Miami-Dade County. Note, this figure excludes students in [~ortables and relocatables. Source: MDCPS, 1999-2000 School Year City o fA ventura Charter School Feasibility Study Page5 Charter Schools USA Charter SchoolHouse Developers ©March 2000 facility improvements. Unfortunately, this solution usually becomes a long-term fix, upwards of 10 years in some school districts. Each elementary school that serves the City of Aventura has portables (See Exhibit C). On average, there are nine (9) portables per school and an average class size of 31 students (See Exhibit C). Studies have indicated that this type of environment is not conducive to optimum learning, as demonstrated in the table below. Exhibit C Average School Portable~ Class Size School Grad~ Boone/Highland Oaks 9 29 D Greynolds Park 15 31 C Ojus Elementary 4 33 A Total 28 Average 9.3 C/C+ SUMMARY The State of Education indicates: [] Sufficient population to target for charter school enrollment, approximately 2,000 students in kindergarten - 5th grade; n Local elementary schools are overcrowded, approximately 60% or 1,100 students; [] An average of 9 portables per local elementary school; and [] Delivery of poor to average academic performance. These facts by themselves are probably enough to convince most that there is a need for a public elementary school in Aventura but we will examine additional factors to ensure that the City can support an elementary charter school. City of ~4 ventura Charter School Feasibility Study Page 6 Charter Schools USA Charter SchoolHouse Developers ©March 2000 DEMAND ANAL YSIS Need, alone, does not constitute reason enough to develop a charter school within the boundaries of the City of Aventura. Charter schools are schools of choice. Since, charter schools are funded in the same manner as the traditional public school, meaning charter schools receive payments based on the number of students enrolled in the school, enrollment is the greatest risk factor. Therefore, demand must be present to make this a feasible project. Examining the support of the community-at-large and evaluating the support of the parents in the community determines the level of demand for an elementary charter school. It is evident, through the contract by the City for this study, that the city officials are very interested in providing an elementary charter school within the city. In addition, various interviews with the city staff members have indicated that the City and community are in support of an elementary charter school in Aventura. In addition to examining the community-at-large, we have taken this study to a more local level by hiring an independent research finn, PMG Associates, Inc., to survey many of the residents of the City of Aventura. (SeeAl~pendix 3 for the full report.) This survey targeted 300 families with at least one child from the age of 3 to 9 years old. 50% of the respondents of the survey represent residents of Aventura proper, and the remaining respondents were from the surrounding communities. The support of the City, community-at-large and many of the parents of the City demonstrates there is overwhelming demand for an elementary charter school in the City of Aventura. See Exhibit D for the key findings of the survey. city of Aventura Charter School Feasibility Study Page 7 Charter Schools USA Charter SchoolHouse Developers ©March 2000 Exhibit D- Highlights of the Community Survey 76% of those polled in this survey said they would send their child(ten) to a charter school in the community of Aventura if given the opportunity. Of those surveyed who live in Aventura proper, 58% said they would be willing to pay more in taxes for a charter school in the community. · 39% of those willing to pay more taxes would be willing to pay between $76- $100 more in taxes, yearly. · 40% of those willing to pay more taxes would be willing to pay over $100 more in taxes, yearly. 64% of those families surveyed currently send their child(ren) to public schools; 29% send their children to private schools, some of which indicated that they would be interested in the charter school alternative since it is a public school with private school qualities; and the remainder of children are home schooled. The three most important factors cited when choosing a school are: 1. High academic standards 2. Quality of teachers 3. Safety 94% of those polled said they would send their child(ten) to a school that required parental involvement on a regular basis. 97% of those families surveyed responded that they would send their child(ten) to a school that required students to wear uniforms. City of Aventura Charter School Feasibility' Study Page 8 Charter Schools USA Charter SchoolHouse Developers ©March 2000 LAND/SITE ANAL YSIS Site Identification There are many factors to consider when evaluating the attractiveness of a potential school location. Fortunately, charter schools do not have to adhere to the same land and building requirements as traditional public schools. Since class sizes and school size are usually much less than the traditional school, the facility and property requirements in comparison to the traditional public school allow a charter school to seek less acreage and smaller facilities to accommodate a comprehensive school enviromnent. Potential sites that were examined are listed below: 1. Tempest Property - 3333 Northeast 188th Street 2. Primary Learning Center (PLC) - Northeast 31st Street off of Williams Island Boulevard. 3. Binnings Warehouse - Northeast - 29th Street & 185th Street 4. Gulfstream Property - 213th Street, just east of US 1 city of Aventura Charter School Feasibility Study Page 9 Charter Schools USA Charter SchoolHouse Developers ©March 2000 Exhibit E - City of Aventura, Florida 0 0 - Tempest Property 0 - Primary Learning Center (PLC) 0 - Binnings Warehouse 0 - Gulfstream Property i City of Aventura Charter School Feasibility Study Page 10 Charter Schools USA Charter SchoolHouse Developers ©March 2000 Site Evaluation We have used the following criteria to evaluate these potential sites for an elementary charter school in the City of Aventura: 1. Centralized location 5. Shared facility opportunities exist 2. Location is easily assessible 6. Access to recreational space 3. Site is at least 2 acres 7. Favorable environmental issues 4. Site is in a safe location 8. Site acquisition cost Using the criteria listed above, we have detailed the viability of each site in consideration for an elementary charter school. Exhibit F shows a comparison of each site based on criteria 1-7 (Criterion 8 will be discussed later.). The criteria and locations are in no particular order. Each site is evaluated from low to high, Iow is the most negative ranking in terms of site consideration. Exhibit F- Site Comparison Criteria: OTempest ~ PLC ~)Binnings {}Gulfstream Centralized Location High High High Low Location is easily assessible Adequate Adequate High High Si~e of Location Adequate Ad equate High Hi gh Safe location High High Adequate Low Shared facility opportunities High Low Adequate High Access to recreational space High Low Adequate High Favorable environmental issues High High Low High Ci~g of Aventura Charter School Feasibility Study Page I1 Charter Schools USA Charter SchoolHouse Developers ©Mamh 2000 Tempest Property This property is located near the heart of Aventura - near the Aventura Mall and behind the Loehmann's Fashion Island. While it takes a few minutes to gain access (at the end of 188th Street) to the property from US 1, it does provide a safe environment because it is not highly traveled. The usable space is sufficient at about 2.4 acres or 104,544 square feet. An elementary charter school built in conjunction with an adjacent community center could potentially realize some economies of scale, in terms of fixed construction setmp costs and other associated soft costs. From a facility utilization perspective, the Community Center and the Elementary Charter School could cross utilize common areas. For example, the School could utilize a gymnasium constructed as a part of the Community Center during school hours for recreational purposes. Conversely, multipurpose rooms and some classrooms could be utilized by the Community Center after regular school hours. Primary Learning Center (PLC) This site is centrally located within Aventura and easily assessible from the main transportation arteries. It is also located in a safe environment. However, there is no easily assessible recreation space in close proximity to the site. In addition, the size of the site is approximately 2 acres which is close to the minimum size requirement allowable to accommodate a comprehensive elementary charter school. With such space limits, this site would necessitate a creative school design much like the Ryder Elementary Charter School (RECS) in Miami. The RECS, developed by Charter SchoolHouse Developers, was constructed on 1.25 acres in a two-story facility. There may still be a need to share some facilities to enhance the school (e.g., parking, recreational space). City o fA ventura Charter School Feasibility Study Page 12 Charter Schools USA Charter SchoolHouse Developers ©March 2000 Binnings Y~arehouse This site is centrally located in Aventura and easily assessible from US 1. The warehouse is a big-box facility of more than ample square footage m~d would be easy to renovate into classrooms, office space and multipurpose rooms. Unfortunately, there are great environmental concerns that require a major "clean-up" effort. Even if these concerns could be eradicated in a cost- effective manner, the time involved could delay the construction timeline up to two years. Gulfstream Property This property is a piece of the existing Gulfstream racing facility. This site would be easily accessible, safe and a great size for an elementary charter school. Unfortunately, the site is not centrally located; it is too far north. In addition, it is not in close proximity to recreational space; and there is no opportunity to achieve economies of scale through shared facilities. Theoretically, this site has some promise. However, the reality is that the cost of this land would probably be prohibitive. (At the time of this study, the owners were not willing to discuss acquisition cost.) SUMMARY Preliminary site evaluation reveals that the OTempest Property and the ~Primary Learning Center (PLC) site are the two most attractive options in aggregate when measured against the stated criteria for an elementary charter school in the City of Aventura. The Tempest site is attractive because of its proximity to the Community Center which results in the opportunity to cross utilize facilities and cost efficiencies. The PLC site is also attractively located, and most importantly, the site is currently owned by the City. City of Aventura Charter School Feasibility Study Page 13 Charier Schools USA Charter SchoolHouse Developers ©March 2000 Site Acquisition Cost There are three undeniable realities regarding real estate in the City of Aventura: there is a shortage of unused/available land, there is a shortage of usable existing facilities, and real estate (land and buildings) is fairly expensive. Based on this premise, site acquisition is examined only for the two most suitable sites, Tempest and PLC. Facility solutions for each site will be similar; therefore, focus is only placed on the actual site acquisition costs. First we will examine the easiest scenario, the PLC site. Since the City already owns the land, no additional land acquisition cost would be incurred as long as the City donates the land for the use of the school. On the other hand, the Tempest site is currently appraised at $3.6 million and the asking price is $5.0 million. Exhibit G - Site Acquisition Cost 0 0 Tempest PLC Size of Property (acres) 2.4 2.0 Cost of Property (millions) $3.6 - $5.0 $0 Cost per Acre (millions) I $1.5 - $2.1 $0 SUMMARY The decision regarding site selection should be twofold based on the financial impact as well as the intangible benefits. Assuming that the Community Center is constructed adjacent to the Tempest site, the economies achieved in construction cost and the ability to cross utilize facilities may outweigh the saving in acquisition costs associated with the PLC site. Either site is suitable for an elementary charter school. City of Aventura Charter School Feasibility Study Page 14 Charter Schools USA Charter SchoolHouse Developers ©March 2000 ECONOMIC FEASIBILITY As mentioned before, charter schools are independent public schools funded with public money based on student enrollment. In this section, we will examine the funding expectations for capital expenditures for a comprehensive elementary charter school to determine if the City could financially afford to build an elementary charter school within its city limits. In addition, we will also investigate the operational funding expectations to ensure that a comprehensive elementary charter school can be achieved. Capital Outlay Funds Capital outlay funds for charter schools are mandated by Section 228.056I of the Florida Statutes. The Department of Education in the state of Florida estimates the cost of building a student workstation at about $13,740 per elementary student for the 2002-2003 school year. Each year the Department of Education contributes one-fifteenth (1/15) of that amount [$13,740] per student enrolled at a charter school for capital needs? These funds can only be applied against capital needs, including: · The purchase of real property · Construction, renovation, repair & maintenance of school facilities · Purchase, lease-purchase or lease of permanent or relocatable school facilities In order to determine the funding expectations, the expected school enrollment must be projected. It is assumed that this school will be a comprehensive charter school. A comprehensive elementary charter school has a principal; assistant principal; curriculum and/or ESE specialists; small class sizes; technology integrated throughout the curriculum; and art, music and modem language classes. To provide a comprehensive education program with high academic standards as mentioned, our experience indicates that a school of 500-600 students creates the necessary economies of scale to achieve 3 This amount is adjusted each year based on inflation. City o fA ventura Charter School Feasibility Study Page 15 Charter Schools USA Charter SchoolHouse Developers ©March 2000 financial feasibility. Based on the needs and demand analyses, thc City of Aventura can easily support one or more elementary charter schools of this size. Based on the assumption that this school will be a comprehensive elementary charter school, it can be estimated that the annual capital outlay dollars will equal about $916 per student in 2002. Assuming we begin the first year with 500 students and then grow to 600 students every year thereafter, capital outlay funds contributed by the state would equate to about $458,000 in year 1 and $572,000 in year 2. Exhibit H details the first 15 years of capital outlay funds that could be applied against the projected debt service for both construction and land acquisition. Exhibit H - State Capital Outlay Funds Yearl Year2 Year3 Year 4 Year 5 $ 458,000 $ 571,584 $ 594,447 $ 618,225 $ 642,954 Year 6 Year 7 Year 8 Year 9 Year 10 $ 668,672 $ 695,419 $ 723,236 $ 752,166 $ 782,252 Year 11 Year 12 Year 13 Year 14 Year 15 $ 813,542 $ 846,084 $ 879,927 $ 915,124 $ 951,729 *Years 2-15 have been adjusted for inflation. City of Aventura Charter School Feasibility Study Page /6 Charter Schools USA Charter SchoolHouse Developers ©March 2000 Project Cost In this section we will examine the project costs4 to determine if the development of the School is economically feasible. The projected cost of this project, a 600-student comprehensive elementary charter school facility, is $6.291 million (see exhibit D. See Appendix 1 for project budget detail and a sample site plan. Exhibit I-Summary of Project Budget Architectural & Engineering Costs $ 270,000 Financing Costs 300,000 Development Fees 465,000 Construction Costs 5,256,000 Proposed Total Pro,iect Cost $ 6,291,000 Based on the assumption that this School would be classified as a municipally sponsored elementary charter school, the city can seek the greatest charter term mandated by Florida Statute of fifteen (15) years. In financing this project, the City has the option of seeking tax-exempt financing or conventional bank financing. Long term tax-exempt financing would be the most cost-effective method of financing this project. Similar municipal issuers have garnered long-term tax-free financing with terms of greater than 15 years. Conventional bank debt of shorter duration and higher rates may result in an annual subsidy on the part of the City in the initial years of operation. This will be the case only to the extent that the annual debt service exceeds capital outlay funds available. In each case, excess funds available in subsequent years will be used to reimburse any funds expended in the acquisition of the school site. Utilizing the first scenario, tax-exempt financing at an interest rate of 5.2% for a term of 15 years, would result in annual debt service of $614,355. When you apply the annual state capital outlay funds (Exhibit 1) to annual bond payments of $614,355, there are excess funds available (after the first 3 years) to offset both the project cost and defray some of the cost of any land acquisition that may be necessary. Over a 15-year 4 The project costs can be defined as any cost related to constructing the school facility. This does not include the cost of land acquisition. City of Aventura Charter Schools USA Charter School Feasibility Study Charter SchoolHouse Developers ©March 2000 Page 17 period, it is estimated that approximately $1.7 million would be available for land reimbursement. Fa//t/t I-/.tn/Rdnhaso'r~ So~I~te Yea' 1 Year 2 Year 3 Year 4 Year 5 9aeC~t~O~ayFmds $ 4~,~ $ ~1,~ $ 5~,~7 $ 6~ $ ~ ~P~ 614355 614355 614355 614355 614355 Y~6 Y~7 Y~8 Y~9 Y~ 10 ~~F~ $ ~ $ ~,419 $ ~ $ 7~1~ $ ~ ~P~ 614355 614355 614355 6ld355 61d355 ~ ~ ~ Y~ 14 Y~ ~ ~~ $ 813,~2 $ ~,~ $ ~,~ $ 915,~4 $ ~1,~ ~ ~P~ 61~355 61~355 61~355 6ld355 61~355 T~~~lS~lJ~l~ $ SUMMARY With the City's involvement, an elementary charter school is economically feasible to build. There exists significant return to purchase land and finance construction. However, utilizing tax-exempt financing is the more favorable option. CIO/' of Aventura Charter School Feasibility Study Page 18 Charter Schools USA Charter SchoolHouse Developers ©March 2000 O erational Fundin Since a charter school is an independent public school funded with public funds, it also receives a second source of funds, in accordance to Section 228.056 of the Florida Statutes. These funds are also based on student enrollment and are applied against operating expenditures of the charter school (e.g., salaries & benefits, textbooks, utilities). The annual FTE funds for an elementary student for the 2002-2003 school year is approximately $4,912. Based on our projected student enrollment for a comprehensive elementary charter school, this equates to a $2.4 million budget in year 1 (500 students) and $3.1 million in year 2 (600 students). See Appendix 2 for a sample 5-year school financial forecast. City of Aventura Charter School Feasibility Study Page 19 Charter Schools USA Charter SchoolHouse Developers ©March 2000 CONCLUSION In this study, we examined four (4) basic factors to determine the feasibility of developing an elementary charter school within the city limits of Aventura: need, demand, land/site availability, and economic feasibility. Need There is need for at least one elementary charter school in the City of Aventura. There currently exists a large population of students seeking traditional public education in the City of Aventura, with a majority of these students in grades K-5. As a result, the three elementary schools that serve the City of Aventura have become overcrowded, lack appropriate facilities to accommodate growth and deliver average to poor academic performance. Demand The City and community at large demonstrate support or demand for an elementary charter school in the City of Aventura. An independent survey revealed that 76% the parents polled would send their child(ren) to a charter school in the community of Aventura. It was also revealed in the survey, that 58% of those who reside in Aventura proper would be willing to pay additional taxes to support a charter school in the City of Aventura. Land/Site Analysis Real estate in the City of Aventura is expensive and limited. Through this study, we identified two suitable locations, Tempest property (333 Northeast 188th Street) and the PLC site (Northeast 31st Street off of Williams Island Blvd.). The City currently owns the PLC site; therefore, no additional land cost would be incurred. However, there are benefits that may offset the land cost of the Tempest site. With the Tempest site, the City has the opportunity to optimize economies of scale because of the cross utilization of I City of Aventura Charter School Feasibility Study Page 20 Charter Schools USA Charter SchoolHouse Developers ©March 2000 facilities and savings associated with the concurrent construction of the Community Center adjacent to the School. Economic Feasibility An elementary charter school is financially feasible if the City is the sponsor of the elementary charter school. With the ability to pursue 20 year tax-exempt financing, the City can achieve a significant return by applying the State mandated annual capital outlay funds to the project costs and still have the ability to reimburse any land acquisition costs necessary. City of Aventura Charter School Feasibility Study Page 21 Charter Schools USA Charter SchoolHouse Developers ©March 2000 School's aA cial Fore I 1 Survey ~ evelopment I 'gement Ore! iculum OveJ! Governance Structur~ Financial Forecast Development & Management Overview Curriculum Overview Transportation I Miscellaneous Chor er choolHou e Developer , PROJECT BUDGET: [ Sub]ecl to change ARCHITECTUI~AL AND ENGINEERING Architectural & Engineering, General ..................................................................... $260,000 A & E Reimbursable ..................................................................................................... $10,000 TOTAL A & E FEES ...................................................................................... $270,000 FINANCING COSTS Construction Loan Fees ................................................................................................ $65,000 Title Recording ................................................................................................................ $5,000 Lender's Legal ............................................................................................................... $12,000 Construction Loan Interest .......................................................................................... $200,000 Appraisal Fee ................................................................................................................... $8,000 Course-of-Construction Insurance ................................................................................ $10,000 TOTAL FINANCING FEES .......................................................................... $300,000 LAND COSTS (PROVIDED BY CITY) TOTAL LAND COSTS .............................................................................................. $0 DEVELOPMENT COSTS Escrow and Legal Costs ................................................................................................ $15,000 Real Estate Developer Fee .......................................................................................... $450,000 TOTAL DEVELOPMENT COSTS .............................................................. $465,000 CONSTRUCTION COSTS (SEE ATTACHED SCHEDULE) CONSTRUCTION COSTS ......................................................................... $5,255,804 TOTAL PROJECT BUDGET ........................................................................................ $6,290,804 City o fA ventura Charter School Feasibility Study Project Budget -Page I Charter Schools USA Charter SchoolHouse Developers ©March 2000 (barter SchoolHouse Developers, Inc. CONSTRUCTION COSTS: DIVISION DESCRIPTION COST i 000 General Conditions~ $679,155 2000 Site Work2 3000/4000 Concrete/IMasonry $905,500 5000 Metals $279,000 6000 Woods and PIastics $280,000 7000 Thermal Moisture $23T 100 8000 Doors and Windows $249,304 9000 Finishes $668,695 10000 Specialties $122,140 I i000 Equipment 12000 Furnishings3 $692,930 13000 Special Construction 14000 Conveying System $45,000 15000 Mechanical $523,980 16000 Electrical $573,000 TOTAL $5,255,804 I This category includes contractor's overhead and profit 2 Assumes site is ready to build 3 This category includes Fumiture~ Fixtures and Equipment City of Aventura Charter School Feasibility Stttdy Project Budget -Page 2 Chan. er Schools USA Charter SchoolHouse Developers ©March 2000 SAMPLE CHARTER SCHOOL Sample Elementary Charter School Aventura, Florida Financial Forecast Charter Schools USA March-O1 Sample Elementary Charter School Miarai-Dade County, Florida School Configurations At 100% Enrollment 500 Target Student-to-Teacher Ratio: 16.7 Student-to-Total Staff Ratio: 12.8 At Budgeted Enrollment 475 Target 15.8 12.2 Class Size Inputs in Blue Students Per Homeroom Classroom (Kindergarten): 20 Students Per Homeroom Classroom (1 st - 5th): 25 Students Per Homeroom Classroom (6th - 8th): 25 Modeled Homeroom Classrooms Applications as of 8/11/00 Applicators Kindergarten 0 1st Grade 0 2nd Grade 0 3rd Grade 0 4th Grade 0 5th Grade 0 0 Year 1 Year2 Year 3 Year 4 Year 5 Kindel~arten 5 5 5 5 5 1st Grade 4 4 4 4 4 2nd Grade 4 4 4 4 4 3rdGrade 4 4 4 4 4 4th Grade 4 4 4 4 4 5fl~Grade 4 4 4 4 6th Grade 7th Grade 8th Grade 21 25 25 25 25 Year 6 At Maturity 5 5 4 4 4 4 4 4 4 4 4 4 25 25 Option 2 .1 Year I Year 2 Year 3 Year 4 Year 5 Kindergarten 4 5 6 6 6 1 st Grade 4 5 5 5 5 2nd Grade 4 4 5 5 5 3rd Grade 3 4 4 5 5 4th Grade 3 3 4 5 5 5th Grade 3 3 4 5 6th Grade 7th Grade 8lb Grade 18 24 27 30 3I Year 6 At Maturity 6 6 5 5 5 5 5 5 5 5 $ 5 31 31 t Option3 .~ Kindergarten 1 st Grade 2nd Grade 3rd Grade 4th Grade 5th Grade 6th Grade 7th Grade 8th Grade Year I Year 2 Year 3 Year 4 Year 5 5 6 6 6 6 4 5 6 6 6 3 4 5 6 6 2 3 4 5 6 2 2 3 4 5 2 2 2 3 4 18 22 26 30 33 Year 6 At Maturity 6 6 6 6 6 6 6 6 6 6 5 6 35 36 Sample Elementary Charter School Miami-Dade County, Florida qchool Configurations Student-to-Total Staff Ratio: Student-to-Teacher Ratio: 16.7 12.8 At Budgeted Enrollment 475 Target 15.8 12.2 Students by Grade Option Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Kindergarten 100 I00 100 I00 100 t00 Ist Grade 100 I00 100 100 I00 100 2nd Grade 100 100 100 100 100 100 3rd Grade 100 100 I00 100 100 100 4th Grade I00 100 100 100 100 I00 5th Grade 0 100 100 100 100 100 6th Grade 0 0 0 0 0 0 7th Grade 0 0 0 0 0 0 8th Grade 0 0 0 0 0 0 500 600 600 600 600 600 At Maturit I00 100 100 100 100 100 0 0 0 600 Year i Year 2 Year 3 Year 4 Year 5 Year 6 Kindergarten 80 100 120 120 120 120 1st Grade 100 125 125 125 I25 125 2nd Grade I00 100 125 125 125 125 3rd Grade 75 I00 100 125 125 125 4th Grade 75 75 100 125 125 I25 5th Grade 0 75 75 I00 125 125 6th Grade 0 0 0 0 0 0 7th Grade 0 0 0 0 0 0 8th Grade 0 0 0 0 0 0 430 575 645 720 745 745 At Maturity 120 125 125 125 125 I25 0 0 0 745 [ Option3 J Yearl Year2 Year3 Year4 Year5 Year6 Kindergarten 100 120 120 120 120 120 1st Grade 100 125 150 150 150 150 2nd Grade 75 100 125 150 150 150 3rd Grade 50 75 100 125 150 150 4th Grade 50 50 75 100 125 150 5th Grade 50 50 50 75 100 125 6th Grade 0 0 0 0 0 0 7th Grade 0 0 0 0 0 0 8th Grade 0 0 0 0 0 0 425 520 620 720 795 845 At Maturity 120 i50 150 150 150 150 0 0 0 870 Required Homeroom Classrooms Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Option 1 21 25 25 25 25 25 Option 2 18 24 27 30 31 31 Option 3 18 22 26 30 33 35 At Maturity 25 31 36 Sample Elemental o .,arter School Miami Dado County, Florida Five-Year FJnancials Highes~ Grade Maximum Enrollment Average or Budgeted Enrollment Local Cap. / Student State Cap. / Student State Start-Up Grant Fed Cap. / Student Other Program Revenues State Spec Ed Fed Spec Ed Total Earned Capitation Group Insurance & Other Contracted SPED - Instxuctioa Total Cost of Compelasation Revenues Less Total Compensation Year 1 Year 2 Year 3 Year 4 Year $ Preliminary Budget Forecast Forecc~t Forecc~t Forecast Sample Elementara vaarter School Miami~Dade County, Florida Five-Year Financials Highe~ Grade Instruction Expense Non Leased Textbooks Consumable Instructional Equipment Textbooks, Library & Reference Books Other Publications Te~ting Materials Instructional Supplies (incl. $25 / per teacher / mo. Sporting Goods Year 1 Year 2 Year 3 Year 4 Year 5 IYelitninary Budget Forecast Forecast Forec~t Forecast Sample Elemental..,latter School Miami-Dade County, Florida Five-Year Financials Other Operating Expenses Telephone Postage Express Mail Computer Repairs & Maintenance (incl. Licensing) Reertrollment / Student Incentives School Moving Expense Graduation Expense Miscellaneous Expenses - See Assumption Page Profit After Operating Expenses Fixed Expense Rent Expense - See Below CAM, TMI & Merchant A$$~c. Dues property & Rent Taxes Office Equipment - Leasing Expense Professional Liabifiry Insurance Interest Expense / (Income) - See Below Depreciation Amoriization Year I Year 2 Year 3 Year 4 Year 5 Financial Forecast Page 3 PMG Associates, Inc. Deerfield Beach Altamonte Springs Economic, Marketing and Management Consultants AVENTURA CHARTER SCHOOL SURVEY FEBRUARY 2001 3880 NW 2nd Court } Deerfield Beach, Florida 33442 ~' (954) 427-5010 ~ Fax (954) 480-8836 AVENTURA CHARTER SCHOOL SURVEY 2/01 How many children do you have? 1.75 children per household or a total of 526 children. o What grade(s) is/are your child(ren) currently enrolled or will your child(ten) start school within the next year or next two years? Kindergarten 100 19.0 1 st Grade 85 16.2 2~a Grade 80 15.2 3rd Grade 72 13.6 4th Grade 68 12.9 Start Next Year 65 12.4 Start in 2 years 56 10.7 3. What type of school does your child(ren) currently attend? Public School 191 63.7 Charter School 0 0.0 Private School 89 29.3 Home School 15 5.0 Other 3 1.0 No Answer 3 1.0 4. Are you satisfied with your child's current school? Yes 268 89.3 No 24 8.0 No Answer 8 2.7 If no, please explain why you are not satisfied with your child's current school: Overcrowded 6 Dislikes school 6 Lack of communication 3 Expensive 1 Child not learning 1 Teacher has no control 1 If yes, please explain why you are satisfied: Good teachers 82 Good curriculum 45 Good school 42 Child is learning 21 Class size 19 Religious schooling 10 Close to home 6 Honors/gifted program 5 5. Would you send your child(ten) to a charter school in your community? Yes 229 76.3 No 69 23.0 No Answer 2 0.7 If you had the opportunity to send your child(ren) to any school, which of the following factors would be important in choosing the school: Please rank the following factors on a scale of i to 5 with 5 being very important and 1 being unimportant. (Results are reported as an average) High Academic Standards Quality Teachers Character Education Technology in the Classroom Foreign Language Code of Conduct Small classroom size (max 25 students) Small school size Safety Athletics Extracurricular activities Before care After care Transportation to and from school 4.96 4.97 4.60 4.60 4.18 4.64 4.62 3.98 4.75 3.74 3.79 2.83 3.02 3.66 Are there other factors not mentioned in the previous question that you feel would be important in choosing a school? If yes, please explain. Religious teaching 10 Attention to special needs 3 Good communication 3 Track record of school 3 Screen employees carefully 3 Gifted program 1 Offer discipline 1 Offer meals 1 Philosophy of school 1 Offer tutoring 1 8. Would you send your child to a school that required parental involvement on a regular basis? Yes 281 93.7 No 18 6.0 No Answer 1 0.3 9. Would you send your child to a school that required students to wear uniforms? Yes 290 96.7 No 6 2.0 No Answer 4 1.3 10 As a resident of the City of Aventura, would you be willing to pay more in taxes for a charter school? 143 respondents lived in Aventura, the remaining 157 were from outside the City limits. Yes 83 58.0 No 59 41.3 No Answer 1 0.7 iooo 10a How much more would you be willing to pay per year? $1- $25 7 8.4 $26-$50 8 9.6 $51-$75 13 I5.7 $76-$I00 32 38.5 Over $100 33 39.8 11. This question is optional. What is your race? White 140 46.7 Asian 6 2.0 Black 13 4.3 Hispanic 93 31.0 Other 8 2.7 No Answer 40 13.3 5 CALCULATION OF SCHOOL DEMAND Estimated Population age 3 to 9 for the Study Area Estimated Population age 3 to 9 for Aventura Percentage that answered Yes to question regarding attending Charter School 8,023 1,736 76.3% Children that would attend Charter School - Study Area Children that would attend Charter School - Aventura Distribution of Children for Charter School 6,122 1,325 Start in two years 10.7 655 142 Start next year 12.4 759 164 Kindergarten 19.0 1,163 252 1st Grade 16.2 992 215 2"d Grade 15.2 930 20 I 3rd Grade 13.6 833 180 4th Grade 12.9 790 171 i,325 6 C HARTER SCHOOLS ~A putting Students FirS! Page Introduction Corporate Fision & Mission Corporate Statement 3 4 Charter Schools USA (CSUSA) Management Team CSUSA Schools 5 9 CSUSA Services Comprehensive Services Professional Back Office Services 12 14 CSUSA References List of References Testimonials 15 16 Mission Education Innovators Dedicated To Increasing Academic Opportunities, Standards And Performance. Vision We provide premier educational services, drive academic excellence in the Charter School movement, create a powerful platform for profound educational reform in the United States and positively impact learning practices worldwide to elevate the human condition. 3 ~ ® C H ART E R .SCHOOL ~ ~.~s A Corporate Statement Charter Schools USA, Inc. (CSUSA) is one of the nation's leading and fastest growing development and management companies of charter schools, kindergarten through 12th grade. CSUSA provides comprehensive turnkey school outsourcing for corporations, government entities, developers and non-profits and assists with all phases of charter school design, planning, development, financing, construction, marketing, human resources, curricula and school operations. CSUSA currently operates the nation's first municipally organized charter high school, the first charter school-in-the-workplace and one of the nation's largest charter schools. CSUSA schools are individually developed to meet the unique needs and requirements of the client and community. All CSUSA educational advantages exceed public school standards, including small class size, integrated technology, parental involvement contracts, student uniforms, enforced discipline polices, highly qualified and motivated staff, community focus and high academic performance. Improved administrative efficiencies, outsourcing and less red tape, result in more funds for classroom education and increased teacher performance. Attracting good teachers is another key to education success. By providing competitive compensation, smaller class sizes, a safe and secure learning environment and by continuously improving on best practices, CSUSA successfully recruits quality educators. CSUSA is also one of the first education management companies to provide stock options to its teachers. CSUSA believes that private enterprise can play a positive role in our national efforts to improve academic performance in the public school system by providing innovative and entrepreneurial models that focus on accountability and competition. To this end, CSUSA provides its clients with professional educational management services, so they can benefit from the results - better educated students. Management Team Jonathan K. Hage is the Chariman of the Board of Directors, President and CEO of Charter Schools USA. He has worked with the Florida State legislature during the creation of charter school law while Director of Research for Jeb Bush's Foundation for Florida's Future. Mr. Hage also assisted in the early development of the first charter school in Florida, the Liberty City Charter School, a collaboration between Mr. Bush and T. Willard Fair, President of the Miami Urban League. Next he founded Florida's first non-profit foundation dedicated to developing world class charter schools: The Charter Foundation, and assisted the design and development of several other charter schools, including Ft. Lauderdale's very successful Charter School of Excellence. As the founder of CSUSA, Mr. Hage has subsequently developed, the North Lauderdale Academy High school, the first municipally organized charter high school in Florida, the Coral Springs Charter School, the largest charter school in Florida, the Ryder Elementary Charter School, the first charter school-in-the-workplace and the McCullough Academy of Excellence, CSUSA's first charter school in Texas. A national expert on charter schools, he serves on appointed charter review panels for the state of Florida, Broward County and Miami-Dade County. Prior to Charter Schools USA, Mr. Hage was an analyst at The Heritage Foundation, a think-tank in Washington, D.C., and an officer in the U.S. Army Special Forces. He holds a BA from the University of Colorado and an MA from Georgetown University. Jonathan Mariner has been a director on CSUSA's board for the last two years and recently joined CSUSA in the role of Chief Operating Officer. In this role, he is responsible for comprehensive management of school finances, financial planning, equity fundraising, on-going school operations, technology and education. Prior to CSUSA, Mr. Mariner served as Executive Vice President and Chief Financial Officer for the Florida Marlins Baseball Club. He was also President of Marlins ballpark Development Corporation. Mr. Mariner previously served as the chief Financial Officer for Pro Player Stadium. Also he was the Vice President and Chief Financial Officer for the Florida Panthers Hockey Club. He has also held high financial positions with MCI telecommunications, the Greater Miami Convention & Visitors Bureau, and Ryder Track Rental. Currently, Mr. Mariner is serving on the Advisory Board of the University of Virginia's Mclntire School of commerce. He is Vice chairman of the Broward Community College Foundations and serves on the Board of Directors of a publicly traded firm, Steiner Leisure, Ltd., the worldwide leader in providing on-board salon and spa services to the cruise ship industry. Mr. Mariner, a Certified Public Accountant, received his BS in Accounting from the University of Virginia. Her also earned his MBA from Harvard Business School. Glenn R. Pierce joined Charter Schools USA in 1999 and serves as Executive Vice President of Development. He is responsible for facets of development of CSUSA-affiliated schools, including business development, real estate, construction, school development and prospect-to-opening teams. Prior to CSUSA, Mr. Pierce was CFO of Advantage Schools, Inc., a Boston-based educational management organization, where he was instrumental in raising $35 million in venture capital financing to facilitate that company's aggressive growth. Prior to Advantage, Mr. Pierce was the CFO and Chief Development Officer for Colonial Bagel, LP, a regional franchise operation of Einstein Brothers Bagel Corporation. This position followed six years in roles of increasing responsibility with PepsiCo's restaurant divisions (now TriCon Group Restaurants). In his role of Senior Director of Asset Development, Mr. Pierce managed real estate, construction, maintenance, legal, property management and in-store technology functions related to the organization's vast array of properties. Prior responsibilities included Director of Acquisitions and Field Finance. Mr. Pierce began his career in commercial banking with institutions that are now a part of PNC, First Union and Citibank, NA. He holds a bachelor degree in Economics and Business from Lafayette College and a Masters of Business Administration from the Wharton School at the University of Pennsylvania. Edwin P. Fredie serves Charter Schools USA as the Chief Education Officer. He was most recently Headmaster of the Milton Academy, one of the nation's most prestigious private schools, with students' test scores ranking among the highest in the country. He has over 32 years of experience in the education field and has worked with the United State Department of Education School Excellence Program. Dr. Fredie holds numerous awards, including Educator of the Year (1992) and the Superintendents Award for Distinguished Achievement. He is a Member of the Board of Trustees for Wheaton College, Bank Street College, national Association of Independent Schools, and the New England Conservatory of Music. His professional affiliations are many and include the Harvard Graduate School of Education Alumni Council and the Hingham Citizen's committee for Public schools. Over the course of his outstanding career, Dr. Fredie has had numerous speaking engagements, including the Harvard graduate School of Education, the United Negro College Fund, the Urban League of Greater Boston, the Educational Records Bureau Conference, and the Milton Ecumenical Association. Dr. Fredie holds an AB from Boston University and MA from Harvard University and an LLD from Wheaton College. Board of Directors In addition to Jonathan Hage and Jonathan Mariner, members of the Charter Schools USA Board of Directors include: Ronald Packard- CEO of Knowledge Universe Schools Mr. Packard currently serves as Chief Executive Office of KU schools, which operates many successful education businesses. Prior to Knowledge Schools, Mr. Packard was President of Forestal Trillium Limitada, a large South American company, in Chile. He worked for McKinsey and Company, working primarily in the semiconductor, biotechnology and banking sectors, spending a significant amount of time in Japan and Portugal. Mr. Packard began his career with Goldman Sachs in mergers and acquisitions. Mr. Packard graduated with honors from the University of California at Berkley with a Bachelor's degrees in both economics and mechanical engineering. He has a MBA with honors from the University of Chicago and is also a Chartered Financial Analyst. Thomas Kalinske - President of Knowledge Universe Mr. Kalinske has been president of Knowledge Universe (KU) since its founding in 1996. KU operates, incubates and invests in leading companies that help individuals and businesses realize their full potential. Among tl~e core areas addressed by the several dozen Knowledge Universe companies are early childhood education; Intemet commerce and content; workforce perfom~ance solutions; strategic, economic, human resources and technology consulting; testing and assessment; staffing and employment; and career management. Previously, from i990-96, Mr. Kalinske was president and CEO of Sega of America, Inc. Under his leadership, Sega's share of the 44 billion U.S. interactive entertainment market grew from under 10% to approximately 50% by 1994. From 1987 to 1990, Mr. Kalinske served as President and CFO of Universal Matchbox Group, and was responsible for restructuring the company and rebuilding the Matchbox Toy Brand. Prior to that, he served as President and CEO of Mattel, where he managed the building of the Barbie brand from approximately $42 million in 1972 to more than $500 million, bui81ding Hot Wheels to a $100 million business, entering the preschool tow market, and increasing international business to 40% of Mattel's revenue. Mattel's total revenues grew from $188 million in 1972 to $1.3 billion in 1987. At Sega, Mr. Kalinske also created the Sega Foundation, which supports organizations making a crucial difference in children's health and education. He currently serves as Deputy Chairman of Spring Group, PLC; a Director of Power Food, In., the Toy Manufactures Association (past chairman), the Milken Family Foundation, Sega Foundation, the Washington D.C.-based National Foundation for the Improvement of Education, and UCLA's Graduate School of education; and he is a trustee of the RAND Corporation's Institute on Education and Training. Through these foundations, and the local schools in his area, Mr. Kalinske has been very involved in helping to improve K-12 education. Mr. Kalinske is a graduate of the University f Wisconsin, where he sits on the graduate business school's board of advisors. He earned an MBA from the University of Arizona and attended the Harvard Business School's strategic management program. Philip P. Smith - President and CEO of the Phil Smith Automotive Group The Phil Smith Automotive Group is based out of Fort Lauderdale, Florida, operating twelve franchises in Florida and North Carolina. Existing franchises include Toyota, Mitsubishi, Chrysler-Plymouth/Jeep, Nissan, Hyundai, Kia, Mazda, Daewoo and Buick. Revenue for 1998 was $240 million with approximately 10,000 retail units sold. As the President and CEO of the Phil Smith Automotive Group, Mr. Smith is responsible for the overall operations of the organization, including working with the equity partners at the locations, as well as orchestrating the acquisition and growth strategies of the organization. Mr. Smith has over thirty years of direct hands-on sales and management of automobile dealerships, and has built the organization from the ground up starting from his first equity venture in a Toyota Dealership in South Miami in 1981. During 1998, three of the dealerships were awarded the J.D. Powers Quality Dealer Award. This is a national award given to 49 of the country's best dealers in customer satisfaction and quality of operations. Other awards received by the Phil smith Automotive Group Alliance include: Toyota President's Award, Toyota Leadership Board, Toyota Parts and Service Advisory Board, Mitsubishi Diamond Quality Dealer Award (one of two recipients in S.E.U.S.), Toyota Customer service Advisory Board, Toyota Board of Governors and the Ford Chairman's Award. Mr. Smith is one of the most highly respected dealers in the Southeastern United States and is a recognized National leader as a Toyota dealer. Mr. Smith currently serves on the prestigious Toyota National Dealer Council, is the Chairman of the Southeast Toyota Dealer Council, is President of the South Florida Auto-Truck dealers Association, and is a Director of the Florida Automobile Dealers Associations. Mr. Smith is a graduate of Florida Atlantic University, majoring in Finance and Business Administration. CSUSA Schools CSUSA opened its first school in 1998, a charter high school in North Lauderdale, Florida. To date, the CSUSA School Portfolio is comprised of thirty-seven (37) approved charters and five (5) charter schools in operation, resulting in the Industry's largest pipeline. SCHOOLS CURRENTLY IN OPERATION population in North Lauderdale, Florida. preparatory courses. North Lauderdale Academy High School (NLAHS) NLAHS is the first municipally organized charter high school. The school opened in 1998 with 220 students in grades 9tl~ and l0th. NLAHS currently houses 750 students in grades 9th through 12th and serves a diverse student This school places emphasis on college Ryder Elementary Charter School (RECS) RECS is the first charter school-in-the- worhplace in the United States. As a corporate sponsored charter school or a charter school- the-workplace, Ryder System, by Florida Statue, has the ability to give its employees' children enrollment preference creating a value-added option to any company's benefits package. RECS opened in August 1999 with a student body of 300 in kindergarten through 3rd grade. Currently, the school has serves 400 students in grades kindergarten through 4th. Growing at a rate of one grade each year, RECS is expected to grow to 500 students in grades kindergarten through 5th. The Ryder Elementary Charter School is housed in a brand new state of the art 30,000 square foot facility located adjacent to the Ryder System Headquarters building in West Miami-Dade, Florida. Coral Springs Charter Middle and High Schools (CSCS) CSCS encompasses two municipally organized charter schools located on one campus in Coral Springs, Florida. The Coral Springs Charter Middle and High Schools are housed in a 100,000 square foot renovated shopping mall located in the heart of Coral Springs, one of the largest charter school campuses in the nation. The academic focus is Business, Finance, and Technology. This school currently serves 1,400 students in grades 6th -1 1th'. The school is expected to reach capacity next year at 1,600 students in grades 6* through 12th. McCullough Academy of Excellence (MAE) MAE is a kindergarten through 5th grade elementary school sponsored by the Grant Community Development Corporation, the non- profit economic development arm of Grant AME Church, located in Austin, Texas. This school opened the 2000-2001 school year with a student body of 200 in grades kindergarten through 3rd. The school is expected to grow a grade per year. Superior Academic Performance CSUSA not only claims to produce superior academics outcomes we can back it up with results. Students at our Ryder Elementary Charter School (RECS) improved +22% (1st grade), +14% (second grade), and +20% (third grade) in 2000 - versus their national peer group on the Comprehensive Test of Basic Skills (CTBS). And RECS kindergartners placed in the 88th percentile nationally. Furthermore on the High School level, the CSUSA operated North Lauderdale Academy posted the greatest improvement in the state year-over-year on the Florida FCAT's - a 25% increase! +22% + 14% + 20% RyderlstGrade Math Composite Ryder 2nd Grade Ryder 3 ~1 Grade CSUSA Comprehensive Services Education Management Customized Curriculum Designed To Meet National, State And Local Standards Continuous Program Evaluation · Accountability · Sustainable Performance · Assistance Itt Coordinating Parent, Teacher And Student Organizations Development and Operations Management · Completion And Submission Of Charter Application And Other Pertinent Documents · AssessDemographicAndMarket Needs · Charter Contract Negotiations · Student IndividualEducation Plans, Assessments, Records, Etc. · Develop Project Timeline · Assist In Recruiting Advisory Board · Enrollment Marketing Plan · Negotiate Contracted Services (Food, Transportation, Security, Custodial, Etc.) · Student Registration · Ensure State, LocaIAnd SchoolBoard Compliance · Parent And Student Orientation Financial Management · Budget Development And Oversight · Operation And CapitalBudgets · Fundraising, Where Applicable · Application For GrantsAndLoans · Establish Accounting Systems · Monthly, Quarterly, AndAnnual Financial And Governmental Reporting And Analyses · Third-Party Audit Assistance Comprehensive Services (cont 'd) Facilities Management · OperationalDesign Of Classrooms And School Space · Programmatic Input For Functionality Purposes · Liaison With Building and/or Renovation Team To Ensure Quality And Design Standards Are Met · Assist In Site Acquisition and/or Lease Negotiations · Procure Furniture, Fixtures, Equipment And Supplies · Secure Basic Utility Services (Phone, Water, Electric And Disposal Service) · Strategic Financing And Construction Partnerships Human Resource Management · Employee Benefits · Ongoing Staffing Assistance · Worker's Compensation And 401K · PersonnelPolicies And Procedures · Employee Stock Option Management · PayrollService · PersonnelAdministration: HireAnd Employ Principals, Teachers And Other Staff · Teacher Coaching And Training · Continuous Professional Development · Government Compliance And Reporting · Professional Back-Office Services Technology Management · Design And Development Of Technology Labs And Student Stations · LocalArea Network Installation · Wide Area Network Installation · Remote Access And Software Integration CSUSA Professional Back Office Services · Reduces Administrative Cost · Ensures Accurate Compliance · Increases School Performance Human Resource Management · Employee Benefits · Worker's Compensation · PersonnelPolicies · PersonnelAdminlstration · Government Compliance and Reporting · Ongoing Staffing Assistance · Payroll Service Financial, Accounting & Compliance Management · Budgets and Forecasts · Accounting Systems · Auditing · Financial Statements · FinancialAnalyses · State, LocalAnd School Board Compliance · Grant Writing References The Honorable Jeb Bush Governor of Florida Tallahassee, Florida (850) 488-4441 The Honorable Frank T. Brogan Former Commissioner of Education And Current Lt. Governor of Florida Tallahassee, Florida (850) 488-4441 Senator Toni Jennings Former President of Florida Senate Orlando, Florida (407) 898-1861 Senator Charlie Crist Former Deputy Secretary of the Department of Business and Professional Regulations Former State Senator Candidate for Education Commissioner St. Petersburg, Florida (727) 824-6039 Mr. MichaelS. Levinson City Manager City of Coral Springs Coral Springs, Florida (954) 344-1004 Mr. Mark Bates City Manager City of North Lauderdale North Lauderdale, Florida (954) 724-7040 Mr. Glenn Schneider Director of Corporate Services Ryder Systems Inc. Miami, Florida (305) 500-3483 Mr. Robert Haag Chairman South Florida Consortium of Charter Schools Ft. Lauderdale, Florida (954) 522-2997 Mr. Tracey Bailey Former State Coordinator of Charter Schools Florida Department of Education Tallahassee, Florida (850) 877-5587 Testimonials "Charter Schools USA has been very responsive to the needs of the city as well as to its customers in the school." - Mike Levinson, City Manager, City of Coral Springs, FL "The School is helping us reinforce the concept that we want to be the employer of choice in South Florida. ' - Anthony Burns, CEO, Ryder Systems, Inc. "The City had a good experience with Charter Schools USA doing a tremendous amount of up front effort that we couldn't have gotten done on our own. I think Charter Schools USA is probably on the forefront o fa timely progressive movement to address some of the concerns that people have with the public education industry." - John Stunson, Former City Manager, City of North Lauderdale "This is a four-point bonanza for the City of North Lauderdale. It means the fulfillment of a years-long quest by officials to get a high school in the City, and an end to hours of bus rides for North Lauderdale children who attend schools in other cities, and a chance for students to attend a better, less crowded high school" - Gary Frankel, City Council Member and current Mayor, North Lauderdale, FL "This is significant for the educational needs of our community, and an opportunity for us to upgrade apiece of existing commercial real estate." - Mayor John Sommerer, Coral Springs, FL "Once we put a few models on the ground, this will be the wave of the future." - Frank Attkisson, Mayor, City of Kissimee "The Centex Rooney team provided us with clear communications throughout the project. The Partnering session held early in the construction process identified potential obstacles to the team's goals and gave us all the opportunity to prevent them from blocking our progress. Centex Rooney has involved us in the monthly School District construction meetings on a regular basis and has successfully constructed our new elementary school" - Richard Hughes, Ed. D., Principal, Highland Elementary School "When I was recently asked ifI would ever undertake the responsibility again to open another new school, my immediate response was in a heartbeat and as long as I get to work with a construction company like Centex Rooney. ' Beth A. Provancha, Principal, Corner Lake Middle School "The Centex Rooney team has delivered the project (Lakewood Ranch High SchooO well ahead of schedule and well within the allotted construction budget, while providing a high-quality product." - Kenneth G. Dean, AIA, NCARB, Vice President, Barger + Dean Architects, Inc. lharter SchoolHouse Developers, Inc, WOLFBERG A L V A IR. E Z (hdrter fchoolHouse Developers, Inc, In response to the growing crisis in the financing and delivery of educational infrastructure, Charter Schoolhouse Developers (CSHD) has been formed. The firm was founded by Joaquin G. Avifi6, P.E., PLS -- who resides in Miami, FL -- in 1999 and is located at 5960 SW 57th Avenue in Miami, Florida. The firm approaches the development of public and charter schools as an alternative to current programs with a new and creative paradigm. Recognizing the success of corporate America's move toward outsourcing and refocusing on core business, CSHD's concept allows Schools Boards the alternative to expand development without further incumbering existing staff. Through public financing and leasing programs, CSHD enables Design/Build/Lease building programs to be accelerated. Through our Program, needed school facilities can be delivered now to meet today's crushing need without waiting the years required with current pay-as-you-go funding methods. Time and money can be saved. CSHD's outsourced Program for facility delivery allows school systems to renew their focus on education and leave the complex issues of design, construction, cost management and financing to professionals with proven experience and expertise. Through private sector development, CSHD will provide comprehensive services to streamline the delivery process while offering alternative methods to finance and leverage facility development. By reducing design and construction risk, and ownership administrative cost requirements, CSHD offers the School Boards of Florida an opportunity to focus attention on education, while outsourcing the burdensome responsibilities of design, construction, and even facility operations. Following the trend of corporate America, CSHD brings an efficient, responsive, and quality-based solution to supplement existing programs and meet the critical needs of our children more rapidly. Page 1 Charter SchoolHouse Developers, Inc, A full servicefirm with thea' Ti,:ott,ty to any, stye prGectpom to e~ ' the need of · nvolved tn the creation of over 150 state of the art Experts' in archttecture, destgn, muttt d~scq~hnary eng meermg,; technical ~ e vie~, ou :at:ng code mspection and ed ~cattonat facthty mspectton:& · UtilizatiOn: o~flease/buyback method as a cost efficient and time effective way to build schools. Facdtttes' have long:ewty and staymg power because changes in demographic& p~(tmlatt~m and other essential factors a~ anttctpated durm~ the destgnmg phase~ Page 2 A L V A K E Z Since 1976, WA has provided innovative building solutions to a diverse group of clients. In responding to the growing needs of our clients and the complexity of their projects, we continue to expand our services and support. Our commitment to listen to our clients, in conjunction with our synergistic design and management approach, continues to make us the primary choice for domestic and international projects. In achieving well-designed buildings and systems, there must be an inherent balance between creative architecture and sound engineering. A commitment to such integrated balance allows WA to deliver meaningful structures that work. Our experience encompasses a wide array of project types, sizes and complexity. At WA we are proud to offer our clients a cohesive, solution-oriented professional team with a proven track record in creating lasting designs. In response to the continuing demand for integrated full service architectural and engineering services, our organization promotes synergy of design and integration of disciplines as the core of its business. Throughout a quarter of a century, our philosophy of total commitment to our clients has not changed. We are committed to the premise of total customer service and provide ourselves in our ability to deliver. The buildings we designed a quarter of a century ago are still as current today. Page 3 w 0 L F B E R G A L V A R E A Proven Design-Build Page 4 FBERG L V A K E A Proven Design-Build Page 5 W 0 L F B E It.. G A L V A R. E Page 6 exploring the world beyond what they have experienced thus far in their lives, and serve as a "cultural window" to a larger and richer world. · Develop the conversational and written skills necessary to live in a diverse en- vironment. · Understands the relationship between the perspectives and products of cul- ture studied and uses this knowledge to recognize cultural practices. · Develop control and coordination of their movements, i.e. running, jump- ing, throwing, catching, kicking, rope jumping, foot races, dances and stretching. · Instruction about how to keep their growing bodies healthy, clean and out of harm's way. i.e. health/nutrition, drug prevention, first aid, safety and exercise. · Basic application of individual skills in a team sport environment. · Develop a solid foundation of com- puter skills that enhance the learning experience, i.e. Online research, inter- active multimedia and collaborative projects. · Integrate technology into the total school environment. / · Runs throughout all the dis- ~ ciplines. C H A.R_T_E R SCHOOLS USA CSUSA Education Department Curriculum & Instruction CHARTER SCHOOLS A "Puttin§ Students First" s~., THE CHARTER SCHOOLS USA CORE CURRICULUM IS A FRAMEWORK THAT ENCOURAGES STEADY ACADEMIC PROGRESS AS STUDENTS BUILD THEIR KNOWLEDGE AND SKII,LS FROM ONE YEAR TO THE NEXT. · We believe in using a spiral, inter- disciplinary and conceptual ap- proach to instruction, where con- cepts and skills continue to be intro- duced and expanded upon at each grade level. · We also believe that a balanced academic program emphasizes in- terdisciplinary study, reading and writing across the curriculum, critical thinking skills, cooperative learning projects and infusion of technology throughout the curriculum. · Therefore, our curriculum framework places emphasis on reading, writing and mathematics as welt as foreign language, physical education, the arts and technology. The overall goal of our curriculum is to establish a flexible "open framework" that sup- ports creativity, high standards and a solid ~ academic foundation for our students. A spiral approach to curriculum builds upon prior knowledge. New information (knowledge) is pre- sented in increments and each in- crement is reviewed throughout the year. This provides every student with the exposure he or she needs to achieve success. Again, children learn new knowl- edge by building on what they al- ready know. That is why the CSUSA Core Curriculum Framework identifies competencies to be mas- tered at each grade level. This se- quential building of knowledge eh- sures that children enter each new phase of their academic endeavor prepared to achieve to their highest potential. · Interdisciplinary curriculum is a knowledge view and approach that consciously applies methodology and language from more than one discipline to examine a central con- cept, issue or problem. · Interdisciplinary curriculum can help children make connections among various disciplines to increase depth and breadth of understanding. · At the base of all forms of interdisci- plinary curriculum is the concept of knowledge as divided into "subjects" or "disciplines" which are woven together to make their con-~ nections apparent to stu- dents; the sanctity of the sub- ject-matter or discipline re- mains intact. ~, · Conceptual Teaching uses concepts as the foundation of the curriculum, ensuring that it "hangs together~' and is worthy of the time and effort that teachers and students invest. · Conceptual Teaching and learning is vital for "deeper" understanding and application, i.e. comparing and con- trasting. · Thematic Teaching uses narrow themes as the foundation of the cur- riculum that lends itself to simple re- gurgitation of information, not "true" understanding or application. i.e. dinosaurs. · Develop a solid founda-~ tion in phonics. · Supplement the phonics~ approach with content and literature. · Once students have mastered decod- lng, they should quickly learn to apply thinking skills and strategies to com- prehend what they have read. · Develop a solid foundation in the language and concepts of mathe- matics. · Incorporate use of manipulatives and mental math. · Develop knowledge of the essential scientific information, vocabulary a'nd skills, covering Life, Earth, Physical and Health science. · Incorporate the use of hands-on ac- tivities that encourage students to discover, predict, understand and apply scientific concepts. $~ $~ Develop a rich historical content that all students find relevant. Topics should include Communities, States and Regions, United States History and World History. · The ability to utilize geographical concepts. · The arts involve doing and thinking. Both skills in and knowledge of the arts are vital. Skills and techniques of the arts should be developed throughout all grade levels. · The arts provide children in the early elementary grades a way of , CHARTER SCHOOLS £harter SchoolHouse Developers, Inc. CURRICULUM OVERVIEW K-5. Language Arts/Reading Standards Overview The Language Arts/Reading goals at the kindergarten through the fifth grade levels are to provide instruction in the strands of reading and literature; listening, speaking, and writing; writing and composition; and research and technology. By supplementing the phonics approach with content and literature, students will not only develop a solid foundation in phonics, they will also master decoding skills and will learn to apply critical thinking skills and strategies to better comprehend what they have read. Students will be exposed to fictional and nonfictional pieces of literature, will read a variety of poetry, will engage in sustained reading, and will select books for their personal reading enjoyment. Students will demonstrate growth in the use of oral language and speaking skills, participate in presentations, enhance their listening skills, and expand their vocabulary to effectively communicate their ideas in both the spoken and the written word. Through questioning and through the use of technology, students will learn to find and gather information to assist them in finding answers to their questions and to help them design age-appropriate media productions. City of Aventura Charter School Feasibility Study Elementary Curriculum ~ Page 1 Charter Schools USA Charter SchoolHouse Developers ©March 2000 K-5. Mathematics Standards Overview The mathematics goals at the kindergarten through fifth grade levels are to provide instruction in the strands of number and numeration systems; numerical and algebraic concepts and operations; patterns, relationships, and functions; geometry and spatial sense; measurement; probability and statistics; mathematical reasoning/problem solving; interdisciplinary connections; and research and technology. Students will develop a solid foundation in the language and concepts of mathematics and will incorporate the use of manipulatives and mental math. Students will establish a strong sense of number by exploring concepts such as counting, grouping, place value, and estimating. As students progress from one level to the next, number sense will continue to be developed for whole numbers, fi'actions, decimals, integers, and percentages. Using concrete models, students will explore ratio and proportion; primes, composites, factors, and multiples; and extend an understanding of the relationships among whole numbers, fractions, decimals, integers, and percentages. Students will develop an understanding of the concepts of addition, subtraction, multiplication, and division and will predict and evaluate the reasonableness of results. Students will also solve real-world mathematical problem situations using algebraic concepts including variables and open sentences. Students will represent, discuss, and describe mathematical relationships and make generalizations based on observed patterns and relationships. These relationships, generalizations, patterns, and functions will be connected with material encountered in other disciplines. Thinking about and representing geometric figures, students will develop spatial sense and will be able to identify, describe, classify, and compare two- and three- dimensional geometric shapes, figures, and models. Furthermore, students will investigate and predict the results of transformations of shapes, figures, and models (including slides, flips, and turns); of combining or partitioning shapes, figures, and City o fA ventura Charter School Feasibility Study Elementary Curriculum - Page 2 Charter Schools USA Charter SchoolHouse Developers ©March 2000 models; and of exploring tessellations, symmetry, similarity, congruence, scale, perspective, angles, and networks. The concept and attributes of length, capacity, weight (mass), perimeter, area, volmne, time, temperature, and angle measures as well as the structure and use of nonstandard and standard systems of measurement will be studied, discussed, examined, and understood by the students through hands-on practice and examples. Using strategies, skills, concepts, and technology, students will move beyond a particular problem, generalizing to other situations, and will experience the integration of mathematics into as many other areas of study as possible. city of Aventura Charter School Feasibility Study Elementary Curriculum - Page 3 Charter Schools USA Charter SchoolHouse Developers ©March 2000 K-5. Science and Technology Standards Overview The science and technology goals at the kindergarten through fifth grade levels are to provide instruction in the strands of scientific attitudes; investigation and experimentation; physical science; life science; earth/space science; and research and technology/human affairs. Essential knowledge of scientific information, vocabulary, and necessary skills will be developed as students move through and between strands of scientific information. With the incorporation of hands-on activities, students will be encouraged to discover, predict, understand, and apply scientific knowledge and concepts. Science enhances the students' natural curiosities about the environment and augments the awe and wonder of inquiries and discoveries. By hands-on manipulation of objects and by using the senses, students will build a strong scientific foundation of concepts and will learn to work not only individually, but also cooperatively with peers. Students will identify and understand science as an active process of systematically examining and searching for understanding about the natural world. They will learn by questioning themselves, teachers, others, and the world around them and will continue probing the phenomena until questions are resolved. Constantly using and keeping safety procedures in mind, students will develop solutions to problems by following the procedure of questioning, formulating a hypothesis, and understanding how to control and manipulate variables. Experiments will be devised, outcomes will be predicted, results will be compared and analyzed, and conclusions will be not only be defended, but will be recognized as possibly creating new problems requiring new solutions. Technology integration will be used during investigation and experimentation to record, share, and display results. Understanding and investigating common properties, forms, and changes in matter and energy will assist students with their representation of ideas about the physical world. Technology integration will be utilized at all facets possible during the study of physical science. City of Aventura Charter School Feasibility Study Elementary Curriculum - Page 4 Charter Schools USA Charter SchoolHouse Developers ©March 2000 As students become more aware about the physical world around them, they will apply this knowledge to understand life processes and the roles of Iiving and nonliving components of simple systems. Students will investigate differences between learned characteristics and inherited traits and will investigate how all organisms affect change in the environment where they live. Students will recognize that some changes are detrimental whereas others are beneficial. Continuing the investigation process, students will expand their inquiries into the field of earth and space science. They will investigate geological materials, placing an emphasis on understanding the interaction of geology, astronomy, and meteorology as they pertain to the world. Exploration of the world will help students see how the life sciences and the physical sciences relate to the study of Earth and the Universe. City of Aventura Charter School Feasibility Study Elementary Curriculum - Page 5 Charter Schools USA Charter SchoolHouse Developers ©March 2000 K-5. Social Studies Standards Overvie~v The Social Studies goals at the kindergarten through fifth grade levels are to provide instruction in the strands of history; civics; geography; economics; cultural and social diversity; study skills; and research and technology. Students will be exposed to a rich historical content, made relevant to their lives. Students will be able to describe and demonstrate how history is the story of events, people, and places and by asking questions, will be able to place events and activities in chronological order to distinguish between those things that happened long ago, yesterday, and today. Students will demonstrate an understanding that being a good citizen in America involves important actions, including personal and civic rights and responsibilities. Students will identify and describe national symbols, icons, songs, traditions, and individuals of the Untied States that exemplify cherished ideals, represent American democracy and values, and provide continuity and a sense of community across time. Investigating and understanding authority and why society needs rules, laws, and government, students will demonstrate an understanding of the relationship and interactions of and between the United States and other nations in the world. Comparing and contrasting the relative location of people, places, and things using maps, globes, and other geographic tools and technology, students will not only identify natural and human characteristics of places and how people interact with and modify their environment, but will also investigate how cultural, economic, and political processes shape patterns of human migration and settlement. This knowledge will assist students with understanding government in people's daily lives as well as understanding the sources of income and growth in markets, in a free enterprise economy, and in the principles of trade and economic development. Students will study how diversity of societies, social classes, and groups have been affected and changed by forces of geography, ideology, and economics. They will also investigate beliefs and principles of major religions, ethical systems, philosophies, city of Aventura Charter School Feasibility Study Charter Schools USA Charter SchoolHouse Developers ©March 2000 Elementary Curriculum - Page 6 and ideologies that have guided individUal lives, shaped economic, social, and political institutions, and influenced the course of history. Additionally, students will investigate the different ways individuals have expressed experiences, beliefs, and aspirations in art, architecture, music, literature, and the arts. This interdisciplinary focus will assist students with establishing connections across the curriculum. City of,tventura Charter School Feasibility Study Elementary Curriculum ~ Page 7 Charter Schools USA Charter SchoolHouse Developers ©March 2000 K-5, Physical/Health Education Standards Overview The physical education goals at the kindergarten through fifth grade levels are to provide instruction in the strands of physical education literacy; responsible physical activity behaviors; physically active lifestyles; health literacy; responsible health behavior; healthy living; and research and technology. These strands will offer students the opportunity to develop and continually enhance life management skills necessary for healthy, active, and effective living. Students will not only develop the basic movement skills required for participation in physical activities, but will also develop an understanding of physical fitness, health and nutrition, and the importance of instituting positive health behaviors and maintenance for management of a healthy lifestyle. Students will demonstrate competency by maintaining a level of physical fitness that is health-enhancing; by analyzing the benefits of regular physical activity participation; by conducting responsible social and personal behavior in physical activity; by understanding how participation in physical activity not only promotes a cultural awareness of the diversity of people, but also creates a receptiveness with those of differing abilities; and by understanding that physical activity provides for challenge, healthy competition, communication, self-expression, and enjoyment. Additionally, students will obtain the knowledge and skills they need to make decisions, to set goals related to personal health and well being, and to maintain and enjoy healthy lifestyles by comprehending concepts related to health promotion and disease prevention; by accessing valid health information and services; by learning how to reduce health risks; by analyzing the influence of culture, media, technology, and other factors on health; by developing a consciousness of and using effective interpersonal communication skills such as body language and peer mediation; and by promoting personal, family, and community health. City of Aventura Charter School Feasibility Study Elementary Curriculum - Page 8 Charter Schools USA Charter SchoolHouse Developers ©March 2000 K-5. The Arts Standards Overview The Arts goals at the kindergarten through fifth grade levels are to provide instruction in the strands of skills and techniques; creation and communication; historical and cultural connections; aesthetic and critical analysis; and applications to life. The Arts encompasses Music, Visual Arts, Theatre, and Dance. This area concentrates on thinking and doing and provides students the opportunity to explore the world beyond what they have experienced thus far in their lives. Students learn about and understand The Arts as a "cultural window" to a richer world. They are essential aspects of human knowing and awareness and are serious and rigorous academic subjects with a far-reaching potential to help students achieve creativity, self-awareness, an improved attitude regarding self- expression, and interactive and cooperative learning skills. A study of The Arts has been proven to enrich and enhance reading, writing, and mathematics skills. Research also now substantiates the fact that the value of education in The Arts is critical to education and learning. City of~lventura Charter School Feasibility Study Elementary Curriculum - Page 9 Charter Schools USA Charter SchoolHouse Developers ©March 2000 K-5. Modem Language Standards Overview The Modem Language goals at the kindergarten through fifth grade levels are to provide instruction in the following five areas: Communication, Cultures, Connections, Comparisons, and Communities. Focusing on these five areas, students will not only learn to communicate in a language or in languages (other than English) through Iistening, speaking, reading, and writing, but they will also gain knowledge of and an awareness of other cultures by studying the language and connecting with other disciplines to develop a more comprehensive insight into the culture and the nature of the language. Additionally, students will understand how important it is in today's society to be fluent in more than one language, not just for effective communication in different societies, cultures, and world markets, but also for personal enjoyment. Students will engage in conversations, exchanging basic information necessary to plan events or coordinate schedules; express their feelings, revealing their likes and dislikes about certain objects, people, places, and events; and group words into phrases and sentences. This conversation exchange will assist students with the interpretation of both the spoken language and the written language. Presentations will be conducted by the students to further develop their communication skills in front of an audience regarding various topics. Through these presentations, students will recognize that languages have different patterns of communication and interaction. They will apply this knowledge to their own culture and be prepared to use the language within and beyond the school system. City of Aventura Charter School Feasibility Study Elementary Curriculum - Page i0 Charter Schools USA Charter SchoolHouse Developers ©March 2000 CHARTER SCHOOLS USA Charter SchoolHouse Developers, Inc. SCHOOL'S GOVERNANCE STRUCTURE A Founding Board is temporarily established for the purpose of obtaining charter approval and will be responsible for the legal and financial obligations of the school until the Governing Board is established. Prior to the execution of the charter contract with the Miami-Dade County School Board, the members of the Founding Board will be replaced by a Governing Board. The Governing Board, usually a five (5) member committee, will oversee the Management Company and policies of the school. The Governing Board of Directors (The Board) is responsible for the legal and financial obligations of the school. The Board establishes policy consistent with the school's mission and ensures the school's programs and operations are faithful to the terms of the charter including compliance with statutory and regulatory requirements. The Board will oversee and approve all policy directives to ensure student performance standards are met and exceeded. The Board will be held accountable to the MiambDade School Board, its students, parents/guardians and the community at large through continuous interaction with the community it serves via regularly scheduled board meetings (publicly advertised and noticed in advance), working sessions, professional management reports and parent/teacher assessments. Through continuous interaction with a School Advisory Committee (comprised of parents/guardians of enrolled students, administrators and teachers), the Education Management Company and the school principal, The Board will become intimately familiar with the performance and operations of the school. The Board will have all final authority over the School Advisory Committee and the Education Management Company. City of Aventura Charter School Feasibility Stud3, Page 1 Charter Schools USA Charter SchoolHouse Developers ©March 2000 CHARTER SCHOOLS USA Charter fchooll4ouse Developers, Inc. TRANSPORTATION Unfortunately, we have not gotten to the point in which legislation allows municipally sponsored charter schools to show preference to the students that reside within the city's limits. Florida Statute 228.056 allows enrollment preference to employees of the charter school and employees' children of a corporate sponsored charter school (charter school-in-the-workplace). According to Chapter 234 of the Florida Statute, Charter schools are responsible for providing transportation to students residing within a "reasonable distance" of the charter school or those who are otherwise entitled to transportation by law, in a non- discriminatory manner to and from the school. Reasonable distance is considered two to four miles from the school. City of Aventura Charter School Feasibility Study Page 1 Charter Schools USA Charter SchoolHouse Developers ©March 2000 CHARTER SCHOOLS Charter SchoolHouse Developers, Inc. FUNDRAISING There are various local, state and federal public and private grants available for charter schools. Some of the more familiar programs are: The Challenge Foundation, Federal Charter Grants, and the Annenberg Challenge Grant. Charter Schools USA has a history of obtaining funds to supplement the per pupil allocations. Listed below are some of the funds awarded to Charter Schools USA Schools: $10,000 cash over 5 years - Coca Cola Sponsorship $40,000 of equipment over 5 years - Coca Cola Sponsorship $32,000 of computer equipment - IBM $150,000 cash over 2 ½ years - Obbey Porter Grant $32,000 cash - Miscellaneous Sponsorships (e.g. golf tournament, fundraising activities) $70,000 - Federal Start-Up Grants Conservative accounting suggests the inclusion of only $25, O00 fund-raising in efforts be included in the budgets. City of Aventura Charter School Feasibility Study Page 1 Charter Schools USA Charter SchoolHouse Developers ©March 2000 MicroSociety® (K-8) Page 1 of 5 IN BRIEF MicroSociety~ (Accepted for inclusion October 1998) eeveloper lGeorge H. Richmond Year Established 1992 (organization established) # Schools Served (May 1998) .>38 in various stages of planning and mplementation Level <-8 Primary Goal ~reparing students to become active, :aring, responsible citizens by 'nultiplying opportunities for success Main Features · allows children to create a ~niniature society in the school · adapts instruction to real world ~xperience · incorporates democratic ideals and ~ntrepreneurship in a culturally sensitive community · helps children develop positive attitudes toward learning, school, themselves, and their community Results small-scale evaluations show increased test scores, improved daily attendance, and reduction in disciplinany infractions Impact on Instruction teachers can draw connections between academic skills, learning, and "Micro*' activities Impact on Organization/Staffing ,art- or full-time MicroSociety oordinator Impact on Schedule "Micro" typically runs three to five class periods per week Subject-Area Programs Provided interdisciplinary instructional materials by Developer help teachers connect subject areas to the MicmSociety ~tudents Served Title I yes English-language learners yes ~Jrban yes ~ural yes ~arental Involvement creates many opportunities for substantive parent and community involvement Technology none required, but high quality technology applications can be embedded in all aspects of the miniature society http://www,nwrel.org/scpd/natspec/catalog/microsociety.htm[ 3/18/01 MicroSociety® (K-8) Page 2 of 5 Itraining materials provided Origin/Scope George H. Richmond outlined the microsociety concept in his book The Micro-Society School: A Real World in Miniature (Harper & Row, 1973). The idea was first implemented schoolwide in 1981. Richmond founded the nonprofit MICROSOCIETY, Inc., in 1992 to provide support, materials, training, technical assistance, and networking for educators implementing MicroSociety. General Description In the MicroSociety program, students collaborate with parents, community members, and teachers to build a miniature community in the school and establish a center of cormuerce and governance in which every child and adult participates. Children create and manage business ventures that produce goods and services. They also run agencies that handle governmental functions and lay the ground~vork for organized accountability. K-8 students spend one class period each day at their jobs. They assume management or employee responsibilities in businesses, agencies, and nonprofits. In their work places, students apply technology, think critically about authentic crises, prepare and analyze budgets, resolve ethical issues, and develop cultural sensitivities. These experiences often raise profound issues such as the fairness of democracy, the rewards of entrepreneurship, cultural differences and similarities, the role of law in society, how to humanize institutions, and how much tax an individual should pay. When fully implemented, the MicroSociety has six strands: technology, economy, academy, citizenship and government, humanities and arts, and heart (volunteerism m~d the ethical aspects of society). The MicroSociety also has 12 essential elements: an internal currency; a retail labor market; private property; public property; organizations such as ventures, agencies, and nonprofits; agreement on a common purpose; definition of personal goals by teachers and students; meaningful contact with parents; meaningful contact with community partners; teacher planning time for the program; and a technology strand. Where most schools rely on teachers to discipline children, MicroSociety promotes development of internal self-control. Children create a legislature that makes laws, develop a court system that administers them, and launch Crime-Stoppers, a group of students who enforce the laws. Because children are deeply involved in rule making and law enforcement, and want to avoid the expense and notoriety of litigation, disciplinary infractions decline. In MicroSociety schools, the peer group allies itself with law abiding interests rather than with outlaws. The MicroSociety program results in improved student learning in several ways. First, it is integrated into the regular curriculum, making the basics more interesting and relevant to students. Second, it gives children opportunities to apply concepts learned in the classroom in real situations. Third, it rewards children for success in a broad array of intelligences, building self-esteem and motivation in those who might fail in traditional academic settings. Fourth, the program's flexibility allows educators to tailor it to local and state standards. Results In 1998, an outside evaluator conducted a study of 15 schools in six states that began implementing the program in 1993 or 1994 and had two or three years of comparable, nationally normed post-intervention test data. Analysis of this data showed a 25 percent increase over baseline performance in math; 11 http://www.nwrel.org/scpd/natspec/catalog/microsociety.html 3/18/01 MicroSociety® (K-8) Page 3 of 5 percent for language arts; and 7 percent for reading. When gains were compared to those of the district as a whole, Micro$ociety schools on average outperformed the district in all three subject areas. Due to the small sample, however, results were statistically significant only in mathematics. A 1997 developer survey of 29 MicroSociety schools found that most reported significant increases in test scores as well as increased attendance and reduced disciplinary infractions. Individual schools had significant results: Sageland Elementary (El Paso, TX) increased the number of students passing the state math standards by 52 pement, writing by 36 percent, and reading by 11 percent; West Middle (Sioux City, IA) increased average daily attendance from 74 percent to 98 percent and reduced disciplinary infractions from 6,234 to 1,802; Sherman Elementary (San Diego, CA) raised its district ranking from 126th out 156 schools to 37th. Implementation Assistance · Project Capacity: National headquarters are in Philadelphia. Presently, MICROSOCIETY draws on an experienced pool of 25 certified trainers. Plans are in place to increase the number of trainers each summer. · Faculty Buy-In: MICROSOCIETY requires a vote of 80 percent of the staff. · Initial Training: MICROSOCIETY customizes professional development to take advantage of community resources and meet school goals. Certified trainers provide up to 20 days of technical assistance for planning and implementation, over a three-year period. Technical assistance is designed to facilitate experimentation, observation, reflection, and program modification by teachers, administrators, students, and partners. Program coordinators, administrators, parents, community partners, and students all have opportunities for training. · Follow-Up Coaching: MICROSOCIETY trains site coordinators to observe both classrooms and MicroSociety program activities, while offering feedback to teachers. Follow-up coaching is also provided by a certified trainer. · Networking: The national headquarters facilitates networking by teachers, administrators, parents, and community members through a national quarterly newsletter, a Web site, e-mail, listserv, national/regional conferences, and Parent/Community Outreach Networks. Multisite Leadership Collaboratives, Teacher Support Networks, and Turn Around Trainers can help build capacity in a community and deepen the grassroots network. · Implementation Review: Every registered MicroSociety school has a yearly accreditation review to gauge progress against benchmarks associated with MicroSociety's 12 essential elements. Reviews are performed through telephone interviews and onsite visits. Costs The standard price for technical assistance and support services for MicroSociety is $45,000 in year one, $35,000 in year two, and $35,000 in year three. This covers training materials for all participating teachers and the cost of third-party evaluation. For school faculties over 30, there may be additional costs depending on school size and location. The price includes implementation of MICROSOCIETY's new Reading Enterprise Program which uses "Micro" concepts and computer-based reading programs. It does not include conference travel, the reading software, disks, and books, totaling approximately $7,000, or the costs of venture materials and auction supplies--approximately $20 per student. Some material costs can be offset by in-kind or cash donations from parents and community partners. The cost of a program coordinator is typically covered by reassigning staff or reallocating Title I funds. Student Populations MicroSociety has been implemented in urban, suburban, and rural schools. A majority of schools are Title I eligible. http://www.nwrel.org/scpd/natspec/catalog/microsociety.html 3/18/01 MicroSociety® (K-8) Page 4 of 5 Special Considerations A school must sign a letter of intent with MICROSOCIETY prior to proposal submission in which it: · States that it has secured 80 percent affirmative vote of its staff · Agrees to hire or assign an existing staff person to the role of MicroSociety coordinator · Agrees to formulate a set of policies aimed at increasing parent and community participation in the society-building experience Selected Evaluations Developer Outside Research ers Richmond, G. (1989). The future school: Is Lowell pointing us toward a revolution in education? Phi Delta Kappan, 7~(3), 232-236. Chemiss, C. (1997). MicroSociety program implementation study. Unpublished manuscript, Rutgers University, School of Applied and Professional Psychology, New Brunswick. 1NOVA International Services Group. (1997). Sageland MicroSociety organizational assessment survey summary. Unpublished manuscript. Kutzik, D. M. (1998). MicroSocietyprogram impact on standardized test I)erformance. Unpublished study, Drexel University, Philadelphia. Ysleta Independent School District Office of Student Assessment. (1997). Sageland Elementary End of the Year MicroSociety Student Survey. Unpublished manuscript. Sample Sites C.G. McDonough City Magnet 43 French Street Lowell, MA 01852 978-441-3707 Principal: Tom Malone Demographics: urban; high percentage minority; 85% free/ reduced lunch West Middle School 1211 West 5th Street Sioux City, IA 51103 712-279-6813 Contact: Donna Wilson Demographics: urban; 53% free/reduced lunch Matthew Sherman Elementary 450 24th Street San Diego, CA 92102 619-525 -7425 Contact: Jean Ohlin-Borbon Demographics: urban; 1,000 students; high percentage Sageland MicroSociety Elementary School 7901 Santa Monica Court E1 Paso, TX 79915 915-598-7398 Contact: Sylvia Sanchez Demographics: urban; high minority (Hispanic); 100% free/ percentage minority (Hispanic) reduced lunch William Davison Elementary 2800 East Davison Street Detroit, MI 48212 313-252-3118 Contact: Lorol Brackx Demographics: urban; high percentage minority (African http://www.nwrel.org/scpd/natspec/catalog/microsociety.html 3/18/01 MicroSociety® (K-8) Page 5 of 5 American); 90% free/reduced lunch For more information, contact: Katherine Primus Director of Business Development MICROSOCIETY 13-15 South 3rd Street, Suite 500 Phihdelphia, PA 19106 Phone: 215-922~4006, ext. 200 Fax: 215-922-3303 E-mail: kpri~3:m~m ic~5~4~j ~ty~oyg Web site: http://~vw,mi~ro~ociety.org Back I Next t Ind¢$. I [ National Specla}ty Home Page I About ] ReformModels [ Scb99~ C~[~.~r[ge Co![aborative I Keg !ssues [ ] Site:Map [ R{cquests and Saggest~ons [ L[!].k~ I ~ o!~11>,vest ~egj ~8.a! [ducatiooo[ Laboratory 101 SW Main, Suite 500, Portland, OR 97204 Telephone: (503) 275-9500 Sch[)9[ !:[npmy~j~:n}.?ogram: National Specialty in School Change Last Update: 2/9/00 - Contact _Webmaster http://www.nwrel.org/scpd/natspec/catalog/microsociety.html 3/18/01 statutes->View Statutes->2000->ChO228~>Section 056: Online Sunshine Page 1 of 13 View Statutes Search statute~ Select Year: ~ C~nstitution Laws of Florida Order The 2000 Florida Statutes ?itle.X~V! Chapter 228 EDUCATION Public Education: General Provisions :228.056 Charter schools.-- View Entire Chapt~er (1) AUTHORIZATION.--The creation of charter schools is hereby authorized. Charter schools shall be part of the state's program of public education. All charter schools in Florida are fully recognized as public schools. A charter school may be formed by creating a new school or converting an existing public school to charter status. (2) PURPOSE.--The purpose of charter schools shall be to: (a) Improve student learning. (b) Increase learning opportunities for all students, with special emphasis on expanded learning experiences for students who are identified as academically low achieving. (c) Encourage the use of different and innovative learning methods. (d) Increase choice of learning opportunities for students. (e) Establish a new form of accountability for schools. (f) Require the measurement of learning outcomes and create innovative measurement tools. (g) Hake the school the unit for improvement. (h) Create new professional opportunities for teachers, including the opportunity to own the learning program at the school site, (3) APPLICATION; UNLAWFUL REPRISAL.-- (a) An application for a new charter school may be made by an individual, teachers, parents, a group of individuals, a municipality, or a legal entity organized under the laws of this state. The district school board or the principal, teachers, parents, and/or the school advisory council at an existing public school, including a public school~within-a-school that is designated as a school by the district school board, shall submit any application for converting the school to a charter school. An application submitted proposing to convert an existing public school to a charter school shall demonstrate the support of at least 50 percent of the teachers employed at the school and 50 percent of the parents voting whose children are enrolled at the school, provided that a majority of the parents eligible to vote participate in the ballot process, according to procedures established by rules of the state board. A private school, parochial school, or home education program shall not be eligible for charter school status. (b) No district school board, or district school board employee who has control over personnel http://www~~eg~state~~~us/statutes/i~~~/SEC~56~HTM&Tit~e=->2~~~~>Ch~228~>Secti~n%2~~5 10/11/00 statutes->View Statutes->2000->ChO228->Section 056: Online Sunshine Page 2 of 13 actions, shall take unlawful reprisal against another district school board employee because that employee is either directly or indirectly involved with an application to establish a charter school. As used in this subsection, the term "unlawful reprisal" means an action taken by a district school board or a school system employee against an employee who is directly or indirectly involved in a lawful application to establish a charter school, which occurs as a direct result of that involvement, and which results in one or more of the following: disciplinary or corrective action; adverse transfer or reassignment, whether temporary or permanent; suspension, demotion, or dismissal; an unfavorable performance evaluation; a reduction in pay, benefits, or rewards; elimination of the employee's position absent of a reduction in force as a result of lack of moneys or work; or other adverse significant changes in duties or responsibilities that are inconsistent with the employee's salary or employment classification. The following procedures shall apply to an alleged unlawful reprisal which occurs as a consequence of an employee's direct or indirect involvement with an application to establish a charter schooh 1. Within 60 days after a reprisal prohibited by this subsection, an employee may file a complaint with the Department of Education. 2. Within 3 working days after receiving a complaint under this section, the department shall acknowledge receipt of the complaint and provide copies of the complaint and any other relevant preliminary information available to each of the other parties named in the complaint, which parties shall each acknowledge receipt of such copies to the complainant. 3. If the department determines that the complaint demonstrates reasonable cause to suspect that an unlawful reprisal has occurred, the department shall conduct an investigation to produce a fact-finding report. 4. Within 90 days after receiving the complaint, the department shall provide the superintendent of schools of the complainant's district and the complainant with a fact-finding report that may include recommendations to the parties or proposed resolution of the complaint. The fact-finding report shall be presumed admissible in any subsequent or related administrative or judicial review. 5. If the department determines that reasonable grounds exist to believe that an unlawful reprisal has occurred, is occurring, or is to be taken, and is unable to conciliate a complaint within 60 days after receipt of the fact-finding report, the department shall terminate the investigation. Upon termination of any investigation, the department shall notify the complainant and the superintendent of schools of the termination of the investigation, providing a summary of relevant facts found during the investigation and the reasons for terminating the investigation. A written statement under this paragraph is presumed admissible as evidence in any judicial or administrative proceeding. 6. The department shall either contract with the Division of Administrative Hearings under s. 120.65, or otherwise provide for a complaint for which the department determines reasonable grounds exist to believe that an unlawful reprisal has occurred, is occurring, or is to be taken, and is unable to conciliate, to be heard by a panel of impartial persons. Upon hearing the complaint, the panel must make findings of fact and conclusions of law for a final decision by the department. It shall be an affirmative defense to any action brought pursuant to this section that the adverse action was predicated upon grounds other than, and would have been taken absent, the employee's exercise of rights protected by this section. (c) In any action brought under this section for which It is determined reasonable grounds exist to believe that an unlawful reprisal has occurred, is occurring, or is to be taken, the relief must include the following: 1. Reinstatement of the employee to the same position held before the unlawful reprisal was http://www~~~g.stat~~~~us/statut~s/i.../sEC~56.HTM&Tit~e=~>2~~~~>Ch~228~>Secti~n% 2~~5 10/11/00 statutes->View Statutes->2000->ChO228->Section 056: Online Sunshine Page 3 of I3 commenced, or to an equivalent position, or payment of reasonable front pay as alternative relief. 2. Reinstatement of the employee's full fringe benefits and seniority rights, as appropriate. 3. Compensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the unlawful reprisal. 4. Payment of reasonable costs, including attorney's fees, to a substantially prevailing employee, or to the prevailing employer if the employee filed a frivolous action in bad faith. 5. Issuance of an injunction, if appropriate, by a court of competent jurisdiction. 6. Temporary reinstatement to the employee's former position or to an equivalent position, pending the final outcome on the complaint, if it is determined that the action was not made in bad faith or for a wrongful purpose, and did not occur after a district school board's initiation of a personnel action against the employee which includes documentation of the employee's violation of a disciplinary standard or performance deficiency. (4) SPONSOR.--A district school board may sponsor a charter school in the county over which the board has jurisdiction. (a) A district school board shall receive and review all applications for a charter school. A district school board shall receive and consider charter school applications received on or before October 1 of each calendar year for charter schools to be opened at the beginning of the school district's next school year, or to be opened at a time agreed to by the applicant and the district school board. A district school board may receive applications later than this date if it chooses. In order to facilitate an accurate budget projection process, a district school board shall be held harmless for rTE students which are not included in the rTE projection due to approval of charter school applications after the rTE projection deadline. In a further effort to facilitate an accurate budget projection, within 15 calendar days after receipt of a charter school application, a district school board or other sponsor shall report to the Department of Education the name of the applicant entity, the proposed charter school location, and its projected rTE. A district school board must by a majority vote approve or deny an application no later than 60 calendar days after the application is received, unless the district school board and the applicant mutually agree to temporarily postpone the vote to a specific date, at which time the district school board must by a majority vote approve or deny the application. If the district school board fails to act on the application, an applicant may appeal to the State Board of Education as provided in paragraph (b). If an application is denied, the district school board must, within 10 calendar days, articulate in writing the specific reasons based upon good cause supporting its denial of the charter application. For budget projection purposes, the district school board or other sponsor shall report to the department the approval or denial of a charter application within 10 calendar days after such approval or denial. In the event of approval, the report to the department must include the final projected rTE for the approved charter school. Upon approval of a charter application, the initial startup must be consistent with the beginning of the public school calendar for the district in which the charter is granted unless the district school board allows a waiver of this provision for good cause. (b) An applicant may appeal any denial of that applicant's application or failure to act on an application to the State Board of Education no later than 30 calendar days after the district school board's decision or failure to act and shall notify the district school board of its appeal. Any response of the school board shall be submitted to the state board within 30 calendar days' after notification of the appeal. The state board must by majority vote accept or reject the decision of the district school board no later than 60 calendar days after an appeal is filed in accordance with state board rule. The state board may reject an appeat submission for failure to comply with procedural rules governing the appeals process. The rejection shall describe the submission errors. The appellant may have up to 15 calendar days from notice of rejection to resubmit an appeal that meets requirements of rule. An application for appeal submitted http://www.~eg.state.~.us/statutes/i.../SEC~56.HTM&Tit~e=~>2~~~->Ch~228~>Secti~n%2~~5 10/11/00 statutes->View Statutes->2000->ChO228->Section 056: Online Sunshine Page 4 of 13 subsequent to such rejection shall be considered timely if the original appeal was filed within 30 calendar days after the school board denial. The state board shall remand the application to the district school board with its written recommendation that the district board approve or deny the application consistent with the state board's decisiom The decision of the State Board of Education is not subject to the provisions of the Administrative Procedure Act, chapter :1.20. (c) The district school board must act upon the recommendation of the State Board of Education within 30 calendar days after it is received. The district board may fail to act in accordance with the recommendation of the state board only for good cause. Good cause for failing to act in accordance with the state board's recommendation arises only if the district school board determines by competent substantial evidence that approving the state board's recommendation would be contrary to law or contrary to the best interests of the pupils or the community. The district school board must articulate in written findings the specific reasons based upon good cause supporting its failure to act in accordance with the state board's recommendation. The district board's action on the state board's recommendation is a final action subject to judicial review. (d) The Department of Education may provide technical assistance to an applicant upon written request. (e) Paragraph (a) notwithstanding, a state university may grant a charter to a developmental research school created under s. 2.28.053, in considering such charter, the state university must consult with the district school board of the county in which the developmental research school is located. The decision of a state university may be appealed pursuant to the procedure established in this subsection. (f) The terms and conditions for the operation of a charter school shall be set forth by the sponsor and the applicant in a written contractual agreement, called a charter. The sponsor shall not impose unreasonable rules or regulations that violate the intent of giving charter schools greater flexibility to meet educational goals. The applicant and sponsor shall have 6 months in which to mutually agree to the provisions of the charter. The Department of Education shall provide mediation services for any dispute regarding this section subsequent to the approval of a charter application, except disputes regarding charter school application denials. If the Commissioner of Education determines that the dispute cannot be settled through mediation, the dispute may be appealed to an administrative law judge appointed by the Division of Administrative Hearings. The administrative law judge may rule on issues of equitable treatment of the charter school as a public school, whether proposed provisions of the charter violate the intended flexibility granted charter schools by statute, or on any other matter regarding this section except a charter school application denial, and shall award the prevailing party reasonable attorney's fees and costs incurred to be paid by the losing party. The costs of the administrative hearing shall be paid by the party whom the administrative law judge rules against. (g) The sponsor shall monitor and review the charter school in its progress towards the goals established in the charter, (h) The sponsor shall monitor the revenues and expenditures of the charter school. (5) NUMBER OF SCHOOLS.-- (a) The number of newly created charter schools is limited to no more than 28 in each school district that has 100,000 or more students, no more than 20 in each school district that has 50,000 to 99,999 students, and no more than 12 in each school district with fewer than 50,000 students. (b) An existing public school which converts to a charter school shall not be counted towards the limit established by paragraph (a). http://www.~eg.state.~.us/statutes/i.../SEC~56.HTM&Tit~e=~>2~~~~>Ch~228~>Secti~n%2~~5 10/11/00 statutes->View Statutes->2000->ChO228->Section 056: Online Sunshine Page 5 of ! 3 Notwithstanding any limit established by this subsection, a district school board or a charter school applicant shall have the right to request an increase of the limit on the number of charter schools authorized to be established within the district from the State Board of Education. (6) ELIGIBLE STUDENTS.-- (a) A charter school shall be open to any student covered in an interdistrict agreement or residing in the school district in which the charter school is located; however, in the case of a developmental research school created under s. 228.053 to which a charter has been issued under paragraph (4)(e), the charter school shall be open to any student eligible to attend the developmental research school as provided in s. 228.053 or who resides in the school district in which the charter school is located. Any eligible student shall be allowed interdistrict transfer to attend a charter school when based on good cause. When a public school converts to charter status, enrollment preference shall be given to students who would have otherwise attended that public school. A charter school may give enrollment preference to a sibling of a student enrolled in the charter school, to the child of a member of the governing board of the charter school, or to the child of an employee of the charter school. (b) The charter school shall enroll an eligible student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case, ali applicants shall have an equal chance of being admitted through a random selection process. (c) A charter school may limit the enrollment process only to target the following student populations: 1. Students within specific age groups or grade levels. 2. Students considered at risk of dropping out of school or academic failure. Such students shall include exceptional education students. 3. Students enrolling in a charter school-in-the-workplace established pursuant to subsection (22). 4. Students residing within a reasonable distance of the charter school, as described in paragraph (13)(c). Such students shall be subject to a random lottery and to the racial/ethnic balance provisions described in subparagraph (9)(a)8. or any federal provisions which require a school to achieve a racial/ethnic balance reflective of the community it serves or within the racial/ethnic range of other public schools in the same school district. (d) A student may withdraw from a charter school at any time and enroll in another public school as determined by school board policy. (e) Students with handicapping conditions and students served in English for Speakers of Other Languages programs shall have an equal opportunity of being selected for enrollment in a charter school. (7) LEGAL ENTITY.--A charter school shall organize as, or be operated by, a nonprofit organization. A charter school may be operated by a municipality or other public entity as provided for by law. As such, the charter school may be either a private or a public employer. · As a public employer, a charter school may participate in the Florida Retirement System upon application and approval as a "covered group" under s. 121.02:[(34). If a charter school participates in the Florida Retirement System, the charter school employees shall be compulsory members of the Florida Retirement System. As either a private or a public employer, a charter school may contract for services with an individual or group of individuals who are organized as a partnership or a cooperative. Individuals or groups of individuals who htt~://www.~eg.state.~.us/statutes/i..~/SE~~56~HTM&Tit~e=->2~~~->Ch~228->Se~ti~n%2~~5 10/11/00 statutes->View Statutes->2000->ChO228->Section 056: Online Sunshine Page 6 of 13 contract their services to the charter school are not public employees. (8) REQUIREMENTS.-- (a) A charter school shall be nonsectarian in its programs, admission policies, employment practices, and operations. (b) A charter school shall admit students as provided in subsection (6). (c) A charter school shall be accountable to its sponsor for performance as provided in subsection (9). (d) A charter school shall not charge tuition or fees, except those fees normally charged by other public schools. However, a developmental research school to which a charter has been issued pursuant to paragraph (4)(e) may charge a student activity and service fee as authorized by s. 228.053(5). (e) A charter school shall meet all applicable state and local health, safety, and civil rights requirements. (f) A charter school shall not violate the antidiscrimination provisions of s. 228.2001, (g) A charter school shall be subject to an annual financial audit in a manner similar to that of a school district. (h) No organization shall hold more than 15 charters statewide. (i) In order to provide financial information that is comparable to that reported for other public schools, charter schools are to maintain all financial records which constitute their accounting system in accordance with the accounts and codes prescribed in the most recent issuance of the publication titled "Financial and Program Cost Accounting and Reporting for Florida Schools." Charter schools are to provide annual financial report and program cost report information in the state-required formats for inclusion in district reporting in compliance with s. 23_6_.02(1). Charter schools which are operated by a municipality or are a component unit of a parent nonprofit organization may use the accounting system of the municipality or the parent, but must reformat this information for reporting according to this paragraph. (9) CHARTER.--The major issues involving the operation of a charter school shall be considered in advance and written into the charter. The charter shall be signed by the governing body of the charter school and the sponsor, following a public hearing to ensure community input. (a) The charter shall address, and criteria for approval of the charter shall be based on: i. The school's mission, the students to be served, and the ages and grades to be included. 2. The focus of the curriculum, the instructional methods to be used, and any distinctive instructional techniques to be employed. 3. The current incoming baseline standard of'student academic achievement, the outcomes to ' be achieved, and the method of measurement that well be used. This section shall include a detailed description for each of the following: a. How the baseline student academic achievement levels and prior rates of academic progress will be established. http://www.~eg.state.~.us/statutes/i.../SEC~56.HTM&Tit~e=->2~~~~>Ch~228~>Se~ti~n%2~~5 10/11/00 statutes->View Statutes->2000->ChO228->Section 056: Online Sunshine Page 7 of 13 b. How these baseline rates will be compared to rates of academic progress achieved by these same students while attending the charter school. c. To the extent possible, how these rates of progress will be evaluated and compared with rates of progress of other closely comparable student populations. 4. The methods used to identify the educational strengths and needs of students and how well educational goals and performance standards are met by students attending the charter school. Students in charter schools shall, at a minimum, participate in the statewide assessment program. 5. In secondary charter schools, a method for determining that a student has satisfied the requirements for graduation in s. 232,246. 6. A method for resolving conflicts between the governing body of the charter school and the sponsor. 7. The admissions procedures and dismissal procedures, including the school's code of student conduct. 8. The ways by which the school will achieve a racial/ethnic balance reflective of the community it serves or within the racial/ethnic range of other public schools in the same school district. 9. The financial and administrative management of the school, including a reasonable demonstration of the professional experience or competence of those individuals or organizations applying Lo operate the charter school or those hired or retained to perform such professional services. Both pubtic sector and private sector professional experience shall be equally valid in such a consideration. 10. The manner in which the school will be insured, including whether or not the school will be required to have liability insurance, and, if so, the terms and conditions thereof and the amounts of coverage. 11. The term of the charter which shall provide for cancellation of the charter if insufficient progress has been made in attaining the student achievement objectives of the charter and if it is not likely that such objectives can be achieved before expiration of the charter. The initial term of a charter shall be for 3, 4, or 5 years. In order to facilitate access to long-term financial resources for charter school construction, charter schools that are operated by a municipality or other public entity as provided by law are eligible for up to a 15-year charter, subject to approval by the local school board. A developmental research school is eligible for a charter for a term of up to 15 years issued by a state university pursuant to paragraph (4)(e). in addition, to facilitate access to long-term financial resources for charter school construction, charter schools that are operated by a private, not-foE-profit, s. 501(c)(3) status corporation are eligible for up to a :tO-year charter, subject to approval by the local school board. Such long-term charters remain subject to annual review and may be terminated during the term of the charter, but only for specific good cause according to the provisions set forth in subsection (10). 12. The facilities to be used and their location. 13. The qualifications to be required of the teachers. 14, The governance structure of the school, including the status of the charter school as a public or private employer as required in subsection (7). http://www.~eg.state.~.us/statutes/i.../SEC~56.HTM&Tit~e=.>2~~~~>Ch~228~>Secti~n%2~~5 10/1 l/O0 statutes->View Statutes->2000->ChO228->Section 056: Online Sunshine Page 8 of 13 15. A timetable for implementing the charter which addresses the implementation of each element thereof and the date by which the charter shall be awarded in order to meet this timetable. 16. In the case of an existing public school being converted to charter status, alternative arrangements for current students who choose not to attend the charter school and for current teachers who choose not to teach in the charter school after conversion in accordance with the existing collective bargaining agreement or school board policy in the absence of a collective bargaining agreement. However, alternative arrangements shall not be required for current teachers who choose not to teach in a developmental research school to which a charter has been issued pursuant to paragraph (4)(e), except as authorized by the employment policies of the state university which grants the charter to the developmental research school. (b) A charter may be renewed every 5 school years, provided that a program review demonstrates that the criteria in paragraph (a) have been successfully accomplished and that none of the grounds for nonrenewal established by paragraph (10)(a) have been documented. In order to facilitate long-term financing for charter school construction, charter schools operating for a minimum of 2 years and demonstrating exemplary academic programming and fiscal management are eligible for a 15-year charter renewal. Such long-term charter is subject to annual review and may be terminated during the term of the charter. (c) A charter may be modified during its initial term or any renewal term upon the recommendation of the sponsor or the charter school governing board and the approval of both parties to the agreement. (d) The governing body of the charter school shall make annual progress reports to its sponsor, which upon verification shall be forwarded to the Commissioner of Education at the same time as other annual school accountability reports. The report shall contain at least the following information: :L. The charter school's progress towards achieving the goals outlined in its charter. 2. The information required in the annual school report pursuant to s. 229.592, 3. Financial records of the charter school, including revenues and expenditures. 4. Salary and benefit levels of charter school employees. (e) A sponsor shall ensure that the charter is innovative and consistent with the state education goals established by s. ~_29.591. (f) Upon receipt of the annual report required by paragraph (d), the Department of Education shall provide to the State Board of Education, the Commissioner of Education, the President of the Senate, and the Speaker of the House of Representatives an analysis and comparison of the overall performance of charter school students, to include all students whose scores are counted as part of the state assessment program, versus comparable public school students in the district as determined by the state assessment program currently administered in the school district, and, as appropriate, the Florida Writes Assessment Test, the High School Competency Test, and other assessments administered pursuant to s. (g) Whenever a municipality has submitted charter applications for the establishment of a charter school feeder pattern (elementary, middle, and Senior high schools), and upon approval of each individual charter application by the district school board, such applications will then be designated as one charter for all purposes listed pursuant to this section. http://www.~eg.state.~.us/statutes/i.../SEC~56.HTM&Tit~e=~>2~~~~>Ch~228~>~e~ti~n%2~~5 10/11/00 statutes->View Statutes->2000->ChO228~>Section 056: Online Sunshine Page 9 of 13 l(10) CAUSES FOR NONRENEWAL OR TERMINATION.-- (a) At the end of the term of a charter, the sponsor may choose not to renew the charter for any of the following grounds: 1. Failure to meet the requirements for student performance stated in the charter. 2. Failure to meet generally accepted standards of fiscal management. 3. Violation of law. 4. Other good cause shown. (b) During the term of a charter, the sponsor may terminate the charter for any of the grounds listed in paragraph (a). (c) At least 90 days prior to renewing or terminating a charter, the sponsor shall notify the governing body of the school of the proposed action in writing. The notice shall state in reasonable detail the grounds for the proposed action and stipulate that the school's governing body may, within 1.4 calendar days after receiving the notice, request an informal hearing before the sponsor. The sponsor shall conduct the informal hearing within 30 calendar days after receiving a written request. The charter school's governing body may, within :14 calendar days after receiving the sponsor's decision to terminate or refuse to renew the charter, appeal the decision pursuant to the procedure established in subsection (4). (d) A charter may be terminated immediately if the sponsor determines that good cause has been shown or if the health, safety, or welfare of the students is threatened. The school district in which the charter school is located shall assume operation of the school under these circumstances. (e) When a charter is not renewed or is terminated, the school shall be dissolved under the provisions of law under which the school was organized, and any unencumbered funds from the charter school shall revert to the district school board. In the event a charter school is dissolved or is otherwise terminated, all district school board property and improvements, furnishings, and equipment purchased with public funds shall automatically revert to full ownership by the district school board, subject to complete satisfaction of any lawful liens or encumbrances. (f) If a charter is not renewed or is terminated, the governing body of the school is responsible for all debts of the charter school. The district may not assume the debt from any contract for services made between the governing body of the school and a third party, except for a debt that is previously detailed and agreed upon in writing by both the district and the governing body of the school and that may not reasonably be assumed to have been satisfied by the d i st ri ct. (g) If a charter is not renewed or is terminated, a student who attended the school may apply to, and shall be enrolled in, another public school. Normal application deadlines shall be disregarded under such circumstances. (11) EXEMPTION FROM STATUTES.--A charter school shall operate in accordance with its charter and shall be exempt from all statutes of the Florida School Code, except those specifically applying to charter schools; those pertaining to the provision of services to students with disabilities; those pertaining to civil rights, including s. 228.2001., relating to discrimination; and those pertaining to student health, safety, and welfare; or as otherwise required by this section. A charter school shall not be exempt from the following statutes: http://www.~eg.state.~.us/statutes/i.~./SE~~56~HTM&Tit~e=->2~~~~>Ch~228~>Secti~n%2~~5 10/11/00 statutes->View Statutes->2000->ChO228->Section 056: Online Sunshine Page t0 o£ 13 chapter 119, relating to public records, and s. 28(>.0_1~, relating to public meetings and records, public inspection, and penalties. The sponsor, upon request of a charter school, may apply to the Commissioner of Education for a waiver of provisions of chapters 230-239 which are applicable to charter schools under this section, except that the provisions of chapter 236 or chapter 237 shall not be eligible for waiver if the waiver would affect funding allocations or create inequity in public school funding. The commissioner may grant the waiver if necessary to implement the school program. (12) ENPLOYEES OF CHARTER SCHOOLS.-- (a) A charter school shall select its own employees. A charter school may contract with its sponsor for the services of personnel employed by the sponsor. (b) Charter school employees shall have the option to bargain collectively. Employees may collectively bargain as a separate unit or as part of the existing district collective bargaining unit as determined by the structure of the charter school. (c) The employees of a conversion charter school shall remain public employees for all purposes, unless such employees choose not to do so. (d) The teachers at a charter school may choose to be part of a professional group that subcontracts with the charter school to operate the instructional program under the auspices of a partnership or cooperative that they collectively own. Under this arrangement, the teachers would not be public employees. (e) Employees of a school district may take leave to accept employment in a charter school upon the approval of the district school board. While employed by the charter school and on leave that is approved by the school board, the employee may retain seniority accrued in that school district and may continue to be covered by the benefit programs of that school district, if the charter school and the district school board agree to this arrangement and its financing. School districts shall not require resignations of teachers desiring to teach in a charter school. This paragraph shall not prohibit a school board from approving alternative leave arrangements consistent with chapter 231. (f) Teachers employed by or under contract to a charter school shall be certified as required by chapter 231. A charter school governing board may employ or contract with skilled selected noncertified personnel to provide instructional services or to assist instructional staff members as education paraprofessionals in the same manner as defined in chapter 231, and as provided by State Board of Education rule for charter school governing boards. A charter school may not employ an individual to provide instructional services or to serve as an education paraprofessional if the individual's certification or licensure as an educator is suspended or revoked by this or any other state. A charter school may not knowingly employ an individual who has resigned from a school district in lieu of disciplinary action with respect to child welfare or safety, or who has been dismissed for just cause by any school district with respect to child welfare or safety. The qualifications of teachers shall be disclosed to parents. (g) A charter school shall employ or contract with employees who have been fingerprinted as provided in s. _2._3_J~.,...0__2_. Members of the governing board of the charter school shall also be fingerprinted in a manner similar to that provided in s. 231.02, (13) REVENUE.--Students enrolled in a charte, r school, regardless of the sponsorship, shall be funded as if they are in a basic program or a special program, the same as students enrolled in ' other public schools in the school district. Funding for a chartered developmental research school shall be as provided in s. 228.053(9). (a) Each charter school shall report its student enrollment to the district school board as required in s. 236.081, and in accordance with the definitions in s. 2_:~_.013. The district school http://www.~eg.state.~.us/statutes/i.../SEC~56.HTM&Tit~e=->2~~~~>Ch~228~>Secti~n%2~~5 10/11/00 statutes->View Statutes->2000->ChO228->Section 056: Online Sunshine Page l l of 13 board shall include each charter school's enrollment in the district's report of student enrollment. (b) The basis for the agreement for funding students enrolled in a charter school shall be the sum of the school district's operating funds from the Florida Education Finance Program as provided in s. 236,Q.8_:1, and the General Appropriations Act, including gross state and local funds, discretionary lottery funds, and funds from the school district's current operating discretionary millage levy; divided by total funded weighted full-time equivalent students in the school district; multiplied by the weighted full-time equivalent students for the charter school. Charter schools whose students or programs meet the eligibility criteria in law shall be entitled to their proportionate share of categorical program funds included in the total funds available in the Florida Education Finance Program by the Legislature, including transportation. Total funding for each charter school will be recalculated during the year to reflect the revised calculations under the Florida Education Finance Program by the state and the actual weighted full-time equivalent students reported by the charter school during the full-time equivalent student survey periods designated by the Commissioner of Education. (c) Transportation of charter school students shall be provided by the charter school consistent with the requirements of chapter 234. The governing body of the charter school may provide transportation through an agreement or contract with the district school board, a private provider, or parents. The charter school and the sponsor shall cooperate in making arrangements that ensure that transportation is not a barrier to equal access for all students residing within a reasonable distance of the charter school as determined in its charter. (d) If the district school board is providing programs or services to students funded by federal funds, any eligible students enrolled in charter schools in the school district shall be provided federal funds for the same level of service provided students in the schools operated by the district school board. Pursuant to provisions of 20 U.S.C. 8061 s. 10306, all charter schools shall receive all federal funding for which the school is otherwise eligible, including Title I funding, not later than 5 months after the charter school first opens and within 5 months after any subsequent expansion of enrollment. (e) Any administrative fee charged by the school district relating to a charter school shall be limited to 5 percent of the available funds as defined in paragraph (b). The sponsor shall provide certain administrative and educational services to charter schools at no additional fee. These services shall include contract management services, FTE and data reporting, exceptional student education administration, test administration, processing of teacher certificate data, and information services. (f) School boards shall make every effort to ensure that charter schools receive timely and efficient reimbursement, including processing paperwork required to access special state and federal funding for which they may be eligible. The district school board may distribute funds to a charter school for up to 3 months based on the projected full-time equivalent student membership of the charter school. Thereafter, the results of full-time equivalent student membership surveys must be used in adjusting the amount of funds distributed monthly to the charter school for the remainder of the fiscal year. The payment shall be issued no later than 10 working days after the district school board receives a distribution of state or federal funds. If a warrant for payment is not issued within 30 working days after receipt of funding by the district school board, the school district shall pay to the charter school, in addition to the amount of the scheduled disbursement, interest at a rate of 1 percent per month calculated on a daily basis on the unpaid balance from the expiration of the 30-day period until such time as the warrant is issued. (g) If a district school board facility or property is available because it is surplus, marked for disposal, or otherwise unused, it shall be provided for a charter school's use on the same basis as it is made available to other public schools in the district. A charter school receiving property from the school district may not sell or dispose of such property without written permission of the school district. Similarly, for an existing public school converting to charter status, no rental or leasing fee for the existing facility or for the property normally inventoried http://www.~eg~state.~.us/statutes/i.../SEC~56.HTM&Tit~e=~>2~~~~>Ch~228~>Se~ti~n%2~~5 10/11/00 statutes->View Statutes->2000->ChO228->Section 056: Online Sunshine Page 12 of 13 to the conversion school may be charged by the district school board to the parents and teachers organizing the charter school. The charter organizers shall agree to reasonable maintenance provisions in order to maintain the facility in a manner similar to district school board standards. (h) If other goods and services are made available to the charter school through the contract with the school district, they shall be provided to the charter school at a rate no 9reater than the district's actual cost. To maximize the use of state funds, school districts shall allow charter schools to participate in the sponsor's bulk purchasing program if applicable. (14) IMMUNITY.--For the purposes of tort liability, the governing body and employees of a charter school shall be governed by s. 768.28. (15) LENGTH OF SCHOOL YEAR.--A charter school shall provide instruction for at least the number of days required by law for other public schools, and may provide instruction for additional days. (16) FACILITIES.-- (a) A charter school shall utilize facilities which comply with the State Uniform Building Code for Public Educational Facilities Construction adopted pursuant to s. 235,26 or with applicable state minimum building codes pursuant to chapter 553 and state minimum fire protection codes pursuant to s. 6~025, as adopted by the authority in whose jurisdiction the facility is located. (b) Any facility, or portion thereof, used to house a charter school whose charter has been approved by the sponsor and the governing board, pursuant to subsection (9), shall be exempt from ad valorem taxes pursuant to s. 196.1983. (c) After January 1, 2001., charter school facilities shall utilize facilities which comply with the Florida Building Code, pursuant to chapter 553, and the Florida Fire Prevention Code, pursuant to chapter 633. (17) INITIAL COSTS.--A sponsor may approve a charter for a charter school before the applicant has secured space, equipment, or personnel, if the applicant indicates approval is necessary for it to raise working capital. (18) INFORMATION.--The Department of Education shall provide information to the public, directly and through sponsors, both on how to form and operate a charter school and on how to enroll in charter schools once they are created. This information shall include a standard application format which shall include the information specified in subsection (9). This application format may be used by chartering entities. (19) GENERAL AUTHORITY.--A charter school shall not levy taxes or issue bonds secured by tax revenues. (20) REVIEW.-- (a) The Department of Education shall regularly convene a Charter Schoot Review Panel in order to review issues, practices, and poticies regarding charter schools. The composition of the review panel shalt include individuals with ~xperience in finance, administration, law, education, and school governance, and individuals familiar with charter school construction and operation. The panel shall include two appointees each from the Commissioner of Education, the President of the Senate, and the Speaker of the House of Representatives. The Governor shall appoint three members of the panel and shall designate the chair. Each member of the panel shall serve a 1-year term, unless renewed by the office making the appointment. The panel shall make recommendations to the Legislature, to the Department of Education, to http://www.~eg~state.~.us/statutes/i.../SEC~56.HTM&TitIe=~>2~~~->Ch~228~>Secti~n%2~~5 10/11/00 statutes->View Statutes->2000->ChO228~>Section 056: Online Sunshine Page l 3 of 13 charter schools, and to school districts for improving charter school operations and oversight and for ensuring best business practices at and fair business relationships with charter schools. (b) The Legislature shall review the operation of charter schools during the 2005 Regular Session of the Legislature. (21) RULEMAKING.--The Department of Education, after consultation with school districts and charter school directors, shall recommend that the State Board of Education adopt rules to implement specific subsections of this section. Such rules shall require minimum paperwork and shall not limit charter school flexibility authorized by statute. (22) CHARTER SCHOOLS-IN-THE-WORKPLACE.-- (a) In order to increase business partnerships in education, to reduce school and classroom overcrowding throughout the state, and to offset the high costs for educational facilities construction, the Legislature intends to encourage the formation of business partnership schools or satellite learning centers through charter school status. (b) A charter school-in-the-workplace may be established when a business partner provides the school facility to be used; enrolls students based upon a random lottery which involves all of the children of employees of that business or corporation who are seeking enrollment, as provided for in subsection (6); and enrolls students according to the racial/ethnic balance provisions described in subparagraph (9)(a)8. Any portion of a facility used for a public charter school shaJi be exempt from ad valorem taxes, as provided for in s. 235.198, for the duration of its use as a public school. History.--s. 1, ch. 96-186; s. 1, ch. 97-207; s. 20, ch. 97-384; s. 1, ch. 98-206; s. 2, ch. 98- 292; s. 1, ch. 99-374; s. 44, ch. 99-398; s. 3, ch. 2000-306. 1Note.--Section 3, ch. 2000-306, amended this section without publishing paragraph (10)(d). Absent affirmative evidence of legislative intent to repeal it, paragraph (10)(d) is published here, pending clarification by the Legislature. Welcome · Session · Committees · Legislators · Information Center · Statutes and G9_n.~titution · Lob_byi~ I0formation Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000 State of Florida. Contacl; us. http://www~~eg.state.~.us/statut~s/i.~./SE~~56.HTM&Tit~e=~>2~~~~>~h~228~>Secti~n%2~~5 10/11/00 ' mberr), . ss ates March 12, 2001 Mr. Eric M. Soroka City Manager City of Aventura Govermnent Center 2999 N.E. 19Pt Street #500 Aventura, Florida 33180 Dear Eric: I am writing you regarding the N.E. 199u~ Street Railroad Crossing. I understand that you have received a letter from Gus Pego, Director of Operations, Florida Department of Transportation (F.D.O.T.) responding to your December 4th ietter to Jose Abreu (District Secretary, District 6, F.D.O.T.) As you know, in your December 4th, 2000 letter, you wrote, "I would request that F.D.O.T. also agree to close the northbound left turn lane if requested by the City of Aventura in the future under the circumstances described above."(a copy of your letter is attached for your convenience.) F.D.O.T. responded in their March 9u', 2001 letter with the follo;ving, "In the event the City of Aventura, based on traffic studies performed by your engineer, deems the northbound left turn lane is unsafe, F.D.O.T. will agree to evaluate your request for the closure of the northbound left turn lane and take appropriate measures." I would like to emphasize that after the February 27th Commission meeting, that I met with Jose Abreu and urged him to meet the City of Aventura's request in order to ad&ess the traffic and safety concerns of the Commissioners. Mr. Abreu said, "I share the same concern the City has with regard to an unsafe traffic situation." As you know, when I approached the Florida East Coast Railway Company (F.E.C.) to keep the Crossing open, the City of Aventura indicated that they would like to see it become permanent. As a result, the City passed a Resolution supporting a permanent opening at this intersection. The original concerns were related to having an additional hurricane evacuation route, to provide additional benefits to the area transportation net~vork system and to assist in the revitalization and redevelopment of the Ojus area. In that regard, I enlisted support of the Mayors of Golden Beach, Sunny Isles Beach, North Miami Beach based on the Resolution that the City of Aventura passed requesting that this Crossing become permanent. 19501 Biscayne Boulevard, Suite 400, Aventura, Florida 33180 (305) 937-6200 Fax: (305) 933-5508 Page 2 In addition, I had many meetings with public officials (Senator Silver, Representative Heyman, Fire Chief, Police Chief, F.D.O.T., Miami-Dade Public WorksDepartment, etc.) to garner support for this effort. Despite what was raised in the February 27th meeting, I am not pushing N.E. 199th street solely because of a planned shopping center. There is a possibility that Turnberry Associates will be involved in a development project and I was upfront about this in all of my meetings, i pursued this project because of the benefits listed above and because the City of Aventura asked for my assistance. This has been an extremely time consuming project and delays have occurred because of the enormous amount of cooperation needed between our traffic engineers in developing prospective plans with F.D.O.T. and Public Works, laborious negotiations with the Florida East Coast Railroad (F.E.C.), etc. As you know, things do not always go as planned and timetables are altered due to various factors beyond our control. I have continuously negotiated since last summer with F.D.O.T. and Public Works on the issue of keeping N.E. 199th Street open based upon the original City of Aventura Resolution. I have had to go back to F.D.O.T. repeatedly because of the Commissioners concerns on the northbound left turn lane and have done all that I can do to address the Commissioners' concerns. I believe that Gus Pego's letter of March 9th adequately addresses your December 4th, 2000 letter in asking them to agree to close the northbound left turn lane if requested by the City of Aventura. F.D.O.T. has agreed to evaluate your request for this and take appropriate measures based on studies performed by your engineer. Given all the effort, time and work that has gone into this project, I (along ~vith others) have tried to address all the issues that have been raised by the Commissioners. F.D.O.T. is not in a position to give 'control' or 'jurisdiction'of its roadways to any City, and I believe that they have bent over backwards in trying to cooperate w/th the City of Aventura on this particular issue. They are willing to work with the City but cannot give sole discretion of closure to any City in the State. I would like to request that you send a copy of this letter to all the Commissioners, including Gus Pego's letter to you, your December 4th, 2000 letter, and Fred Schwartz's information on the left northbound lane (as you can see frnm the enclosed configuration, the left mm lane will accommodate between 18 and 22 vehicles at a time. This is far beyond the maximum expected quene of 11 vehicles.) If you have any questions or need additional information, please do not hesitate to call me. I hope that we can have this issue included on the agenda at the March 27th Workshop and that a final decision can be reached. Thank you for your continued assistance on this issue. GJB/lb Enclosures Mar-Og-ZO01 01:OOpm Frorn-TURN~,EE~Y ASSOCIATES 3059335511 T-1~5 P OQZ/Q07 F-542 GOVF..RN OR Florida Department Transportation Dis~¢t Six .1000 bT,3V 111~ Avenue, Koom 6207-E Miami, Florida 33172 (305) 470-5466 Mar~h 9, 2001 TI4OMA$ F, I~ARRY, )R~ SE. CR~E~ARY Mr. Eric M. Soroka City M~nager City of Aventura OovernmeUt Center 2999 N.E. 191" Slicer, #500 Aventura, Fkrdds 331 gO KE: N,E. 199~ Street RaBroad Crossing at Biseayne Bottlevard Dear Mr, Soroka: I unders~nd f:om your ~o~respondence dated December 4, 2000 that the City of Aventura has some s~few and ~a~o concerns reg~dmg ~e no~hho~d left ~m t~e at ~is Yo~ ~solution s~ "Av~ Ci~ E~ne~ ~d T~be~ Associates' ~e~ s~ll a mon{tofinWm~odolo~ ~o~am eonduete~ ~ce ~lly by ~he CiW ~ng~e~, and develop . in ~e event it is dete~ed by ~e Ci~ En~ne~ ~at the n~bo~d left ~ l~ne o~ ~e ~bject ~e~ecfion ha~ caused the ~see~on ~o dot. Orate, the ~lo~da Depa~em of ~n~o~non ~1l be requested to close the no~hbo~d le~ ~ l~e". ~ ~e ~t that the C~ of Av~a, based on ~ffic studies peffo~ed ~ ~ en~e~ ~e ~hbound le~ ~ line is ~safe, FDOT will ~e t~ e~luate yo~ request f~ the of~e ~m~bo~d le~ ~m lane and take a~e~z~te We look fo~d to confinu~g o~ ~ews ~th ~e Ci~ ~n~ C~ *o ensue the safe and effici~t op~tio~ ~f ~s ~terseCt[on- ff you have any questinns or req~e addifi~uai info~a~on, please ~o ~ot hesitate to e~tazt me. P/~go,~P,E. D~re~tor of Operations Gl?lea wwW.~ o~,s~a~e ,fi.us CITY OF AVENTURA GOVERNMENT CENTER 2.999 N.E-. 191ST STREET AvENTURA~ FLORIDA 33'J 80 OFFICE OF THE CITY MANAGER December 4, 2000 Mr. Jose Abreu District Secretary, District 6 Florida Department of Transportation 1000 N.W. 111 Avenue, #6207 Miami, Florida 33172 Re: N.E. 199'~ Street Railroad Crossing Dear Mr. Abreu: Attached hereto please find a Resolution adopted by the City Commission of The City of Aventura authorizing the execution of the Memorandum of Understanding with FEC and Turnberry Associates to support the permanent crossing at the subject location. However, due to concerns raised by the City Commission regarding the stacking availability of the northbound left turn lane, the parties agreed to the following: "Aventura City Engineer and Turnberry Associates' Engineer shall develop a monitoring/methodology program conducted twice annually by the City ~ngineer, and in the event it is determined by the City Engineer that the northbound left turn lane of the subject intersection has caused the intersection to deteriorate, the Florida Department of Transportation will be requested to close the northbound left turn lane." I would request that FDOT also agree to close the northbound left turn lane if requested by the City of Aventura in the future Under the circumstances described above. Mar-05-01 11:04A CITY MANAGER 305 46689~9 P. 03 December 4, 2000 Mr. Jose Abreu Page Two Your written reply to our request to approve this concept wou~d be appreciated. Sinc ly, City Ma~ EMSlaca Attachment CC: City Commission (wi attachment) David Wolpin, Esq., City Attorney (wi attachment) George Berlin, Turnberry Asso~ates (wi attachment) CM01259-00 03/07/01 17;22 FAX 5618823703 Kimle¥-Hom and Associates, TEL 561-845-0665 FAX 561-863-$175 March 7,2001 · l Fax Transmttta Fa~ Number: 305-932-9625 To: Lisa Berkson F'~i°n: C°nsultant _ Original coming by mail: No Number of pages, including cover sneeu If you have any problems, please call 561-845-0665 and ask for: Lilian Comments: Attached is a plan sheet showing the configuration of the norflrbound loft turn lane from Biscayne Boulevard onto the proposed N.E. 199th Street railroad crossing. As the dimensioned on the plan indicates, the left turn lane will be approximately 440 feet long, and will accommodate between 18 and 22 vehicles at a time. This is far beyond the maximum expected queue of 11 vehicles. If there is add'itional information you require please give me a call. This facsiltl~le is itttettdcd otdy .tbr the addressee named herein and may contain tt~fortnatiotl tttat is ¢onfidetltial. If you are not th~ intended recipient or the employee or agent responsible for d~livet~ to the addressee, you are hereby notified that arty revi*w~ dissemi~tatiott, dis¢losttre~ or copying of this cotn.ltttllcatiotl is strictly prohibited. If yott have received this facsl.ttle itt errot¢ plea.Ye immediately tlotlfy tis by telel~hotle, attd rettfftt the origitlal fac$imile to tis at the address above via the U.S. Postal Services. Tltattk yolt. 5/5 BISCAYNE BLVD. (D · -.t 0 5 2.5 WEST DIXIE HWY JEB BUSH GOVERNOR Florida Department of Transportation District Six 1000 NW 111th Avenue, Room 6207-E Miami, Florida 33172 (305) 470-5466 THOMAS E BARRY, JR. SECRETARY March 9, 2001 Mr. Eric M. Soroka City Manager City of Aventura Government Center 2999 N.E. 191st Street, #500 Aventura, Florida 33180 RE: N.E. 199th Street Railroad Crossing at Biscayne Boulevard Dear Mr. Soroka: I understand from your correspondence dated December 4, 2000 that the City of Aventura has some safety and traffic concerns regarding the northbound left turn lane at this intersection. Your Resolution states "Aventura City Engineer and Turnberry Associates' Engineer shall develop a monitoring/methodology program conducted t~vice annually by the City Engineer, and in the event it is determined by the City Engineer that the northbound left mm lane of the subject intersection has caused the intersection to deteriorate, the Florida Department of Transportation will be requested to close the northbound left turn lane". In the event that the City of Aventura, based on traffic studies performed by your engineer, deems the northbound left turn lane is unsafe, FDOT will agree to evaluate your request for the closure of the northbound left turn lane and take appropriate measures. We look forward to continuing our reviews with the City and County to ensure the safe and efficient operation of this intersection. If you have any questions or require additional information, please do not hesitate to contact me. Director of Operations GP/ea lIAR 1 2 2001 OFF~E OF THE CFi'Y MANAGER www.doC.sCaCe.fl.us ~ RECYCLED PAPER TRANSPORTATION OUTREACH PROGRAM Seaport Office, Mail Station 68 March 5, 2001 Jeb Bush, Governor Thomas F. Barry, Jr.. Secretary Advisory Council Chair Maryam H. Ghyabi Ormond Beach, FL Vice-Chair Carlos L. Valdes Miami, FL Rick Blankenship Orange Park, FL Mr. Eric M. Soroka City Manager City o£Aventura 2999 N.E. 191th Street Suite 500 Aventura, Florida 33180 Dear Mr. Soroka: In November 2000, you applied for a grant from the Transportation Outreach Program. In December 2000 and January 2001, the Transportation Outreach Program Advisory Council ]net to choose projects to be recommended to the Legislature for funding. I am sorry to tell you that your project, to construct a permanent railroad crossing, was not one of the 24 recommended by the Advisory Council. Thomas E. Conrecode Bonita Springs, FL The projects that were recommended will next undergo legislative review during the 2001 Legislative Session that begins March 6, 2001. The House and the Senate will each issue an individual appropriation bill, which will be combined and Paul S. Mears. III passed as the State's final budget for the fiscal year beginning July 1, 2001. The Orlando, FL budget usually passes near the end of the Legislative Session, in late April or early May. Funding will not be final until the Governor signs the budget in late May or Elizabeth Reyes-Diaz early June. Miami, FL You can track the Legislative process on their website at www.leg.state.fl.us, or by contacting your Legislative delegation for more information, or by calling Meredith Dahlrose or Lorenzo Alexander at (850) 414-4500 with any questions. Elisa Rohr DeBary, FL Staff Lorenzo Alexander Meredith Dahlrose Sincerely, Chair MHG/md:se cc: Lorenzo Alexander TOP Advisory Co/tncil Members I AR 1 2 2001 CITY MANAGER Florida Department of Transportation · 605 Suwannee Street MS 68 · Tallahassee, Florida 32399-0450 ° (850) 414-4500 FAX (850) 922-494 www.dot.stat e.fl.us/intermodal March 12, 2001 Erik Siroka, City Manager City of Aventura 2999 N.E. 191sT. Aventura, Florida 33180 Dear Mr. Siroka: The Board of Directors, on behalf of all of the residents of One Island Place, have requested that I write to you, in an effort to voice the concerns of the residents, regarding the proposed plan to reopen the Rail Road crossing at Aventura Blvd., and construct a shopping center where the trailer park now exists. Duringthe construction of the elevated intersection this Rail Road crossing was open and as a result the traffic was backed up going North and South on a daily basis. The addition of a shopping center and the reopening of the Rail Road crossing will only invite additional traffic and cause more of a bottle neck than was experienced during the construction. Many of the residents have voiced their displeasure, regarding this proposal and urge the city of Aventura to support their efforts in having D.O.T. abandon the plan to reopen the Rail Road crossing. Sincerely; President CC: Read / BOD City manager 03.12.01 1.9 2001 Management Office 2950 N. 28"~ Terrace Hollywood, Florida 33020 Phone: (954) 925-8200 Toll Free: 1(800) 927-4599 Mgmt, Fax: (954)925-4116 Acctg. Fax: (954) 925-1116 THE CONTINENTAL GROUP, Ltd. PROPERTY SERVICES Licensed Real Estate Broker March 19, 2001 Mr. Eric Soroka, City Manager City of Aventura Government Center, Suite 500 2999 N.E. 191 Street Aventura, Fl. 33180 RE: Costain Villas and Townhomes Condominium Dear Mr. Soroka: The residents of Costain Villas and Townhomes Condominium in Harbour Village would like to express their objects to: Opening of the street now closed at the base of the new overpass, south of Ives Dairy Road allowing access to end from US1 to South Dixie Highway. If this street is opened and a shopping plaza is built in that area on the present trailer park, the traffic existing from shopping center will create additional traffic and an unsafe situation. Your consideration in this matter is greatly appreciated. Sincerely, For the Board of Directors Gwyn E. Erskine, LCAM Property Manager Mr. Arthur Sheppard, President Mr. Bernie Weiss, Treasurer/Secretary CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM To: From: By: Date: Re: City Commission ~' ~'~ Eric M. Soroka, C r Nancy E. Stroud, sq. Weiss Serota Helfman Pastorizm& Guedes, P.A. February 23, 2001 Proposed Amended Quasi-Judicial Procedures First Reading March 13, 2001 City Commission Meeting Agenda Item No. ~ Second Reading April 3, 2001 City Commission Meeting Agenda Item No. RECOMMENDATION It is recommended that the City Commission adopt amendments to Article II "Quasi-Judicial Matters" of Chapter 34 "Planning and Zoning" of the City Code. These changes will update the existing code provisions to accord with the latest case law and statutory changes. A redlined version of the new quasi-judicial code provisions are attached so that the Commission can more clearly see the proposed additions and deletions. (3) Commission shall mean the City of Aventura City Commission. (4) Commissioner shall mean a City Commissioner. (5) Competent substantial evidence shall mean testimony or other evidence based on personal observation, or fact or opinion evidence offered by an expert on a matter that requires specialized knowledge, that is relevant to the issue to be decided. Competent substantial evidence is evidence a reasonable mind could accept as adequate to support a conclusion. (6) Comprehensive plan shall mean the City Comprehensive Plan which has been adopted pursuant to Part II, Chapter 163, Florida Statutes. (7) Development Order shall mean the written decision of the Board regarding an Application considered under quasi-iudiciaI proceedings pursuant to this Article II, and shall include a letter fi:om the Director of the Conununitv Development Department memorializing a decision of denial fi:om the Commission. (8) Ex-parte communication shall mean any written, oral, or m'aphic communication with a Commissioner which ma,/' relate to or which could influence the disposition of an Application, other than those made on the record during a quasi-iudicial heating. This term also includes visiting the site of the Application, receipt of expert opinions, and any independent investigations by a Commissioner. (9) Expert shall mean a person who is qualified in a subject matter by knowledge, skill, experience, training, or education. (10) Material fact shall mean a fact that bears a logical relationship to one (1) or more issues raised by the Application or the laws and regulations pertaining to the matter requested by the Application. (11) Participants shall mean members of the general public, other than the Applicant, including experts and representatives of local governments and governmental agencies, who offer testimony at a quasi-judicial heating for the purpose of being heard on an Application. (12) Party shall mean the Applicant, the Cit~ Staff, and any person recowaized by the Commission as a qualified Intervenor. (13) Quasi-iudicial proceeding shall mean a heating held by the Commission to adiudicate the private rights of an Applicant by means of a hearing which comports with these regulations and due process requirements. (14) Relevant evidence shall mean evidence which tends to prove or disprove a fact that is material to the determination of the Application. First hearing redline exh/bit 2 (15) StaffshaI1 mean members of the City staff. Sec. 34-3~_4. Ex-parte eCommunications ..... v ............... (1) This section is adopted to follow the disclosure processes of Section 286.0115(1), Florida Statutes (2000), and shall be construed so as to be consistent therewith. (2) Any Commissioner ma,/ choose to discuss the merits of an,/ matter of which action may be taken b,/the Commission with an,/person not otherwise prohibited b,/ statute, charter provision, or ordinance if the Commissioner complies with the procedures of this Section 34-34. (3) Compliance with the procedures of this Section 4 shall remove the presumption of prejudice arising from ex-parte communication with any Commissioner: ~ra) Oral communications. The subject,,.,~-'~ o~,~,o,,~.,,,,~'a' ...... of any ex parte the person, group or entity with whom the communication took place, shall be di d d d part fth db fo fi 1 ti :-'~' ...... " ...... on the Application. At the quasi-judicial hearing the person or persons responsible for the ex-parte communication, any Party to the hearing and any Participant shall have the opportunity to contest the accuracy of the matters disclosed. ~b) I'Vritten communications. ). ~^~ _..t.l:~ ~-~:~, ......... :__ .... ~ ....a ~V wfi~en co~cation ~-- a~> ........ ~ .............~ · ,mattzr related to ~ Application p~nding before th~ Co~ission shall fo~ardcd tu th~ appropriate staff for inclusion in the official file for the Application, ~d shall be disclosed on the record b~tore final action on the maAcr. It shall be thc rcsponsibiliW ot~c Applic~t to review thc official First hearing redline exhibit 3 periodically to determine whether ~vritten ex-parte communications have been placed in the official file. (ac_) Investigations and Site Visits. ,5 '-~' -"~":~ ^cc~:~, ......... :~ ,~._ ,~. Commissioners may conduct investigations and make site visits and receive expert opinions regarding quasi-.judicial action pending before him them. '-~,l~ .... v ....... Such activities shall not be presumed preiudicial to the action if the existence and subiect matter of the investigations, site visits, or expert opinions is made a part of the record before final action is taken on the matter and an opportunity for the Parties and Participants to respond is provided prior to or at the hearing. (4) Commissioners must make [~disclosures ---'~ ............... ~- .... :__~ r, ~ (2) ,,,,~ ~ ........................... de before or dunng the public meeting at which a vote :- ,,- ............... :~,: ...... : .... a reasonable the Application to afford persons a reasonable opportunity to refute or respond to the communication. Section 34-35. General procedures. (1) Each Party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any relevant matter (subject to the roles contained herein), and to rebut evidence. (2) Staff shall have the responsibility of presenting the case on behalf of the City. The Staff Report on the Application shall be made available to the Applicant and the Commission no later than twenty-four (24) hours prior to the quasi-judicial hearing on the Application. (3) All written communication received by Commissioners or Staff concerning an Application, the Staff Report on the Application, any petitions or other submissions from the public, and all other documents pertaining to the Application upon receipt shall be filed in the official file for the Application, which shall be maintained by Staff. The Comprehensive Plan and the City Code of Ordinances shall be deemed to be part of the official file. The official file shall be available for inspection during normal business hours. (4) The printed agenda for the meeting at which the quasi-judicial hearing is scheduled to take place shall briefly explain the procedures and nature of the quasi- judicial heating. Sec. 34-3~_6. Hearing procedures. First hearing redline exhibit 4 · ,,pp ............ ~ .... t, ..........~ legal counsel. (1) The hearin~ shall, to the extent possible, be conducted as follo~vs: First hearing redl/ne exlzibit 5 ~b L~) The Chair Mayor or CiW Attorney shall read a prcliminaO, statement oncc at the beginning of the quasi-judicial public hearing portion of the agenda, which shall outline the procedure to be followed. A copy of this Ordinance shall be made available at the hearing ............ l~ ......... ~ ........... , .... open thc ~ ~) The aApplicant, requesting to speak shall be collectively sworn by oath or affirmation. .......... z ,, ................. ~',,~ '~ ..... '~-2 ~ omc> e cant may wa ve its right to an evidentiar~ hearing if it agrees with the Staff recommendation and no one from the audience wishes to speak for or against the Application. The Commission may then vote on the item, based upon the Staff Report and any other materials entered by Staff from the official file into the record of the hearing. (d) If there is an evidentiary hearing, the order of the presentation shall be as follows, unless the Commission agrees to a different order, taking proper consideration of fairness and due process: ~i._ The City sStaff_ shall present its ,'-v'-, ~,,,-,,,cc~- :,t ,,,,:-'~ cvidcncc, .............. ~, ............. a brief synopsis of the Application; introduce any appropriate additional exhibits from the official file which have not already been transmitted to the Commission with the agenda materials, as Staff desires; summarize issues; and make a recommendation on the Application. Staff shall also introduce any witnesses that it wishes to provide testimony at the heating. 5:. ii_. The aA_pplicant shall make its _presentation, including offering any exhibits fi.om the official file, and introduce any witnesses as it desires. 6. iii~. Participants in support of the aApplication shall make their presentanons .................. s ...... ~ iv. Participants in Thc opposition to the Application shall make their presentat' ~, .... ,~ .z~u+, ........... :~^ Ions .......... .~.. ,.~ ,..,. .................. -,, speakers 8:. v ................ ~ ,,o,- -i ............. ~ ov ......... a ............ Staff may cross-examine any witnesses and respond to any testimony presented. If any witness is unavailable at the hearing to be cross-examined, his testimony shall be disregarded. First hearing redline exhibit 6 L,o-,.,,~-j ,~.,~ ,,,.~,,,,,,,. The ]cant may cross-examine any witnesses and respond to any testimony presented. If any witness is unavailable at the hearing to be cross-examined, his testimony shall be disregarded. vii. The Mayor may choose to allow Participants to respond to any testimony if the Mayor deems the response to be necessary to ensure fairness and due process. viii. The Commission may ask any questions of the Staff, Applicant and Participants. ix. Final argument may be made by the Staff, related solely to the evidence in the record. x. Final argument may be made by the Applicant, related solely to evidence in the record. xi. A qualified intervenor may make a presentation, conduct cross- examination and make final arguments in the order as decided by the Commission. (e) The Mayor shall keep order, and without requiring an objection, may direct a Party conducting the cross-examination to stop a particular line of questioning that merely harasses, intimidates or embarrasses the individual being cross-examined, is unduly repetitious, not relevant or beyond the scope of the testimony by the individual being cross-examined. If the Party conducting the cross-examination continuously violates directions from the Mayor to end a line of questioning deemed irrelevant and merely designed to harass, intimidate or embarrass the individual, the Mayor may terminate the cross-examination. (f) After the presentations, and at the conclusion of any continuances, the Commission shall deliberate on the Application. Once the Commission begins its deliberations, no further presentations or testimony shall be permitted except in the sole discretion of the Commission. The Commission's decisions must be based upon competent substantial evidence in the record. (2) The Commission may, on its own motion or at the request of any person, continue the heating to a fixed date, time, and place. The Applicant shall have the right to one (1) continuance; however, ali subsequent continuances shall be granted at the sole discretion of the Commission. (3) The Applicant may withdraw an Application by requesting such withdrawal in writing. If an Application is withdrawn, that Application or any similar Application for the same site shall not be accepted for review for a period of one (1) year. First hearing redline exhibit 7 Section 34-37. Rules of Evidence. (i) The Commission shall not be bound by the strict rules of evidence, or limited only to consideration of evidence which would be admissible in a court of law. (2) The Commission may exclude evidence or testimony which is not relevant, material, or competent, or testimony which is unduly repetitious or defamatory. (3) The Conunission will determine the relevancy of evidence. (4) Matters relating to an Application's consistency with the City Comprehensive Plan or Land Development Regulations will be presumed to be relevant and material. (5) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding unless it would be admissible over objection in a court. (6) Documentary evidence may be presented in the form of a copy of the original, if available. A copy shall be made available to the Commission and to the Staff no later than two days prior to the hearing on the Application. Upon request, the Applicant and Staff shall be given an opporamity to compare the copy with the or/ginal Oversized exhibits shall be copied and reduced for convenient record storage. (7) Only the Applicant, Staff and the Commission shall be entitled to conduct cross- examination when testimony is given or documents are made a part of the record. (8) The City Attorney shall represent the Commission and advise the Commission as to the procedures to be followed and the propriety and admissibility of evidence presented at the heating. (9) The Commission shall take iudicial notice of ali state and local laws, ordinances and regulations and may take judicial notice of such other matters as are generally recognized by the courts of the State of Florida. (10) Supplementing the record after the quasi-judicial heating is prohibited, unless specifically authorized by an affirmative vote of the Commission under the following conditions: (a) The supplementation occurs after a quasi-judicial heating is continued but prior to final action being taken on the Application. (b) If a question is raised by the Commission at the hearing which cannot be answered at the heating, the Party to whom the question is directed may submit the requested information in ~vriting to the Commission after the quasi- First hearing redline exhibit 8 judicial hearing, with copies to the other parties, provided the heating has been continued or another hearing has been scheduled for a future date and no final action has been taken by the Commission. The information requested will be presented to the Commission at the time of the continued hearing. (c) All Parties and Participants shall have the same right with respect to the additional information as they had for evidence presented at the hearing. Section 34-38. Final Decision by the Commission. The Commission shall reach a decision without unreasonable or unnecessary delay, which shall be adopted by theis Commission in writing and dated as of the date issued and shall indicate the date filed in the City Clerk's office.,^ iaaucd. Notification of the Commission's Development Order shall be provided to the Applicant by certified mail, and made available to any person who requests a copy from the City Clerk. Section 34-39. The Record. All evidence admitted into the record at the hearing, and the adopted Development Order of the Commission, shall be maintained by the City Clerk for a period of at least 45 days from issuance of the Development Order. Sec. 34-3340. Public statements by Commissioners. (I) The Mayor and Commissioners shall each avoid publicly expressing their intention, either directly or indirectly, to vote for or against a pending quasi- judicial matter or working to influence public opinion upon a pending quasi- judicial matter, prior to hearing held pursuant to City Code section 34-32. A quasi- judicial matter is pending when an application has been filed pursuant to City Code section 34-32. (2) The failure to comply with the restriction provided in paragraph (a) of this section shall not invalidate any action or decision of the City Commission so long as the decision or action of the City Commission is supported by competent substantial evidence of record as required by law. (3) Any members of the City Commission violating the standard of conduct set forth above shall be subject to public censure by the City Commission, subject to rules adopted by the City Commission providing the accused Commissioner with a fair hearing, including an oppommity to be heard. The Commission reserves the right, by subsequent ordinance to prospectively implement other sanctions, in the event that the sanction provided for above is not effective in implementing the purposes of this section. First hearing redline exhibit 9 ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONING", AMENDING ARTICLE II "QUASI-JUDICIAL MATTERS" TO REPEAL 34-31 "EX PARTE COMMUNICATIONS WITH PUBLIC OFFICIALS," SECTION 34-32 "HEARING PROCEDURES," AND REPLACE WITH NEW SECTIONS 34-31 THROUGH 34-39 REGARDING QUASI-JUDICIAL DEVELOPMENT ORDERS; RENUMBERING EXISTING SECTION 34-33 "PUBLIC STATEMENTS BY COMMISSIONERS" TO BECOME SECTION 34-40; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission finds that it is appropriate to amend the City's zoning regulations so as to expand and amend the City's provisions for quasi-judicial decision making on development orders; and WHEREAS, in accordance with Section 34-1 of the City Code, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission has reviewed this ordinance and has determined that the regulations provided herein are consistent with the applicable provisions of the Comprehensive Plan of the City of Aventura, Florida. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That Section 34-31 "Ex Parte Communications with Public Officials," and Section 34-32 "Hearing Procedures" of Article II "Quasi Judicial Matters" of Chapter 34 "Planning and Zoning" of the City Code, as attached as Exhibit A hereto, are hereby repealed. Ordinance No. 2001- Page 2 Section 2. That Section 34-33 "Public Statements by Commissioners" is hereby renumbered to become Section 34-40 of Article II "Quasi Judicial Matters" of Chapter 34 "Planning and Zoning" of the City Code. Section3. That Section 34-31 through 34-39 of Article II "Quasi Judicial Matters" of Chapter 34 "Planning and Zoning," of the City Code, are hereby created as follows: ARTICLE Il. QUASI - JUDICIAL MATTERS Section 34-31. Intent. The intent of this ordinance is to establish procedures to ensure procedural due process and maintain citizen access to the local government decision-making process for the review of development orders requiring quasi-judicial hearings. These procedures shall be applied and interpreted in a manner recognizing both the legislative and judicial aspects of the local govermment decision-making process in quasi-judicial hearings. They shall only apply to the hearings held by the board with the authority to make the final decision in regard to the development order. Section 34-32. Applicability. Except as may otherwise be provided by statute or ordinance, these procedures shall apply to all applications for site-specific rezonings, special exceptions, conditional use approvals, variances, plats, and any other land use proceeding in which the Board acts in a quasi-judicial capacity. Section 34-33. Definitions. (1) Application shall mean an application for any one of the following permits: (a) Variances. (b) Conditional use approvals. (c) Plat approvals. (d) Site-specific rezonings. (e) Special exceptions. Ordinance No. 2001- Page 3 (f) Any other site specific development approval determined to be quasi- judicial by the city attorney. (2) Applicant shall mean the owner of record, the owner's agent, or any person with a legal or equitable interest in the property for which an application for a development order has been made and which is subject to quasi judicial proceedings, and shall mean the Staff when the Application is initiated by the City. (3) Commission shall mean the City of Aventura City Commission. (4) Commissioner shall mean a City Commissioner. (5) Competent substantial evidence shall mean testimony or other evidence based on personal observation, or fact or opinion evidence offered by an expert on a matter that requires specialized knowledge, that is relevant to the issue to be decided. Competent substantial evidence is evidence a reasonable mind could accept as adequate to support a conclusion. (6) Comprehensive plan shall mean the City Comprehensive Plan which has been adopted pursuant to Part II, Chapter 163, Florida Statutes. (7) Development Order shall mean the written decision of the Commission regarding an Application considered under quasi-judicial proceedings pursuant to this Article II, and shall include a letter from the Director of the Community Development Department memorializing a decision of denial from the Commission. (8) Ex-parte communication shall mean any written, oral, or graphic communication with a Commissioner which may relate to or which could influence the disposition of an Application, other than those made on the record during a quasi-judicial hearing. This term also includes visiting the site of the Application, receipt of expert opinions, and any independent investigations by a Commissioner. (9) Expert shall mean a person who is qualified in a subject matter by knowledge, skill, experience, training, or education. (1 O) Material fact shall mean a fact that bears a logical relationship to one (1) or more issues raised by the Application or the laws and regulations pertaining to the matter requested by the Application. (11) Participants shall mean members of the general public, other than the Applicant, including experts and representatives of local governments and governmental agencies, who offer testimony at a quasi-judicial hearing for the purpose of being heard on an Application. Ordinance No. 2001- Page 4 (12) Party shall mean the Applicant, the City Staff; and any person recognized by the Commission as a qualified intervenor. (13) Quasi-judicial proceeding shall mean a hearing held by the Commission to adjudicate the private rights of an Applicant by means of a hearing which comports with these regulations and due process requirements. (14) Relevant evidence shall mean evidence which tends to prove or disprove a fact that is material to the determination of the Application. (15) Staff shall mean members of the City staff. Section 34-34. Ex-parte Communications. (1) This section is adopted to follow the disclosure processes of Section 286.0115(1), Florida Statutes (2000), and shall be construed so as to be consistent therewith. (2) Any Commissioner may choose to discuss the merits of any matter of which action may be taken by the Commission with any person not otherwise prohibited by statute, charter provision, or ordinance if the Commissioner complies with the procedures of this Section 34-34. (3) Compliance with the procedures of this Section 4 shall remove the presumption of prejudice arising from ex-parte communication with any Commissioner: (a) Oral communications. The subject of the communication and the identity of the person, group, or entity with whom the communication took place shall be disclosed and made a part of the record before final action on the Application. At the quasi-judicial hearing the person or persons responsible for the ex-parte communication, any Party to the hearing and any Participant shall have the opportunity to contest the accuracy of the matters disclosed. (b) Wrilten communications. Any written communication related to an Application pending before the Commission shall be forwarded to the appropriate staff for inclusion in the official file for the Application, and shall be disclosed on the record before final action on the matter. It shall be the responsibility of the Applicant to review the official file periodically to determine whether written ex-parte communications have been placed in the official file. (c) Investigations and Site Visits. Commissioners may conduct investigations and site visits and may receive expert opinions regarding a quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence and subject matter of the Ordinance No. 2001- Page 5 investigations, site visits, or expert opinions is made a part of the record before final action on the matter and an opportunity for the Parties and Participants to respond is provided prior to or at the hearing. (4). Commissioners must make disclosures of their ex-parte communications before or during the public meeting at which a vote is taken on the Application to affbrd persons a reasonable opportunity to refute or respond to the communication. Section 34-35. General procedures. (1) Each Party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any relevant matter (subject to the rules contained herein), and to rebut evidence. (2) Staff shall have the responsibility of presenting the case on behalf of the City. The Staff Report on the Application shall be made available to the Applicant and the Commission no later than twenty-four (24) hours prior to the quasi-judicial hearing on the Application. (3) Official file. All written communication received by Commissioners or Staff concerning an Application, the Staff' Report on the Application, any petitions or other submissions from the public, and all other documents pertaining to the Application upon receipt shall be filed in the official file for the Application, which shall be maintained by Staff: The Comprehensive Plan and the City Code of Ordinances shall be deemed to be part of the official file. The official file shall be available for inspection during normal business hours. (4) The printed agenda for the meeting at which the quasi-judicial hearing is scheduled to take place shall briefly explain the procedures and nature of the quasi- judicial hearing. Section 34-36. Hearing Procedures. (1) The hearing shall, to the extent possible, be conducted as follows: (a) The Mayor or City Attorney shall read a statement at the beginning of the quasi-judicial hearing portion of the agenda, which shall outline the procedure to be followed. A copy of this Ordinance shall be made available at the hearing. (b) The Applicant, Staff; and all Participants requesting to speak shall be collectively sworn by oath or affirmation. (c) The Applicant may waive its right to an evidentiary hearing if it agrees with the Staff recommendation and no one from the audience wishes to speak Ordinance No. 2001- Page 6 for or against the Application. The Commission may then vote on the item, based upon the Staff Report and any other materials entered by Staff from the official file into the record of the hearing. (d) If there is an evidentiary hearing, the order of the presentation shall be as follows, unless the Commission agrees to a different order, taking proper consideration of fairness and due process: i. Staff shall present a brief synopsis of the application; introduce any appropriate additional exhibits from the official file which have not already been transmitted to the Commission with the agenda materials, as Staff desires; summarize issues; and make a recommendation on the Application. Staff shall also introduce any witnesses that it wishes to provide testimony at the hearing. ii. The Applicant shall make its presentation, including offering any exhibits from the official file, and introduce any witnesses as it desires. iii. Participants in support of the Application shall make their presentations. iv. Participants in opposition to the Application shall make their presentations. v. Staff may cross-examine any witnesses and respond to any testimony presented. If any witness is unavailable at the hearing to be cross-examined, his testimony shall be disregarded. vi. The Applicant may cross-examine any witnesses and respond to any testimony presented. If any witness is unavailable at the hearing to be cross-examined, his testimony shall be disregarded. vii. The Mayor may choose to allow Participants to respond to any testimony if the Mayor deems the response to be necessary to ensure fairness and due process. viii. The Commission may ask any questions of the Staff; Applicant and Participants. ix. Final argument may be made by the Staff; related solely to the evidence in the record. x. Final argument may be made by the Applicant, related solely to evidence in the record. Ordinance No. 2001- Page 7 xi. A qualified intervenor may make a presentation, conduct cross- examination and make final arguments in the order as decided by the Commission. (e) The Mayor shall keep order, and without requiring an objection, may direct a Party conducting the cross-examination to stop a particular line of questioning that merely harasses, intimidates or embarrasses the individual being cross-examined, is unduly repetitious, not relevant or beyond the scope of the testimony by the individual being cross-examined. If the Party conducting the cross-examination continuously violates directions from the Mayor to end a line of questioning deemed irrelevant and merely designed to harass, intimidate or embarrass the individual, the Mayor may terminate the cross- examination. (f) After the presentations, and at the conclusion of any continuances, the Commission shall deliberate on the Application. Once the Commission begins its deliberations, no further presentations or testimony shall be permitted except in the sole discretion of the Commission. The Commission's decisions must be based upon competent substantial evidence in the record. (2) The Commission may, on its own motion or at the request of any person, continue the hearing to a fixed date, time, and place. The Applicant shall have the right to one (1) continuance; however, all subsequent continuances shall be granted at the sole discretion of Commission. (3) The Applicant may withdraw an Application by requesting such withdrawal in writing. If an Application is withdrawn, that Application or any similar Application for the same site shall not be accepted for review for a period of one (1) year. Section 34-37. Rules of Evidence. (1) The Commission shall not be bound by the strict rules of evidence, or limited only to consideration of evidence which would be admissible in a court of law. (2) The Commission may exclude evidence or testimony which is not relevant, material, or competent, or testimony which is unduly repetitious or defamatory. (3) The Commission will determine the relevancy of evidence. (4) Matters relating to an Application's consistency with the City Comprehensive Plan or Land Development Regulations will be presumed to be relevant and material. Ordinance No. 2001- Page 8 (5) Hearsay evidence may be used fbr the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding unless it would be admissible over objection in a court. (6) Documentary evidence may be presented in the form of a copy of the original, if available. A copy shall be made available to the Commission and to the Staff no later than two days prior to the hearing on the Application. Upon request, the Applicant and Staff shall be given an opportunity to compare the copy with the original. Oversized exhibits shall be copied and reduced for convenient record storage. (7) Only the Applicant, Staff and the Commission shall be entitled to conduct cross- examination when testimony is given or documents are made a part of the record. (8) The City Attorney shall represent the Commission and advise the Commission as to the procedures to be followed and the propriety and admissibility of evidence presented at the hearing. (9) The Commission shall take judicial notice of all state and local laws, ordinances and regulations and may take judicial notice of such other matters as are generally recognized by the courts of the State of Florida. (10) Supplementing the record after the quasi-judicial hearing is prohibited, unless specifically authorized by an affirmative vote of the Commission under the following conditions: (a) The supplementation occurs after a quasi-judicial hearing is continued but prior to final action being taken on the Application. (b) If a question is raised by the Commission at the hearing which cannot be answered at the hearing, the Party to whom the question is directed may submit the requested information in writing to the Commission after the quasi- judicial hearing, with copies to the other parties, provided the hearing has been continued or another hearing has been scheduled for a future date and no final action has been taken by the Commission. The information requested will be presented to the Commission at the time of the continued hearing. (c) All Parties and Participants shall have the same right with respect to the additional information as they had for evidence presented at the hearing. Section 34-38. Final Decision by the Commission. The Commission shall reach a decision without unreasonable or unnecessary delay, which shall be adopted by the Commission in writing and dated as of the date issued and shall indicate the date filed in the City Clerk's office. Notification of the Commission's Development Order shall be provided by the Director of the Ordinance No. 2001- Page 9 Community Development Department to the Applicant by certified mail, and made available to any person who requests a copy from the City Clerk. Section 34-39. The Record. All evidence admitted into the record at the hearing, and the adopted Development Order of the Commission, shall be maintained by the City Clerk for a period of at least 45 days from issuance of the Development Order. Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the work "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner _, who moved its adoption on first reading. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Ordinance No. 2001- Page 10 Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder The foregoing Ordinance was offered by Commissioner adoption on second reading. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: , who moved its , and, Commissioner Arthur Berger Commissioner Commissioner Commissioner Commissioner Commissioner Jay R. Beskin Ken Cohen Manny Grossman Harry Holzberg Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED on first reading this 13th day of March, 2001. PASSED AND ADOPTED on second reading this 3rd day of April, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY PLANNING AND ZONING 8 34-31 ARTICLE I. IN GENERAL Sec. 34-1. Reserved. Editor's note--Ord. No. 99-09, 8 l(Exh. A, 8 201), adopted July 13, 1999, added new provisions to this Code which in effect superseded provisions formerly set out as § 34-1. Former ] 34-1 pertained to local planning agency designated and derived from Ord. No. 96-27, 8 1, adopted Nov. 19, 1996. Sec. 34-2. Fees for zoning and planning applications. The City is hereby authorized to impose fees for the filing and processing of zoning and planning applications, including but not limited to applications for variances, rezonings, Comprehensive Plan amendments, appeals of administrative interpretations and other zoning or planning related services provided by the Community Development Department. Such fees shall be set and may be amended from time to time by resolution of the City Commission following a public hearing. (Ord. No. 96-22, 8 2, 10-2-96) Sec. 34-3. Comprehensive Plan. (a) Adoption of Plan. The goals, objectives and policies of the City of Aventura Comprehen- sive Plan, attached to Ordinance No. 98-27 as Exhibit 'A' and incorporated herein by reference, are hereby adopted as the Comprehensive Plan of the City of Aventura, Florida, in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act. (b) Replacement of County Comprehensive Plan. Upon adoption, the City of Aventura Comprehensive Plan shall serve to replace the Miami-Dade County Comprehensive Plan, previously applicable pursuant to F.S. 8 163.3167(4), and City Charter section 8.03, to the fullest extent allowed by law. (Ord. No. 98-27, 88 2, 4, 12-15-98) Editor's note The City's Comprehensive Plan, referred to in 8 34-3 above, has not been included within this Code, but may be found attached as Appendix "A" to Ordinance No. 98-27, adopted Dec. 15, 1998, on file in the office of the City Clerk. State law reference-Local Government Comprehensive Planning and Land Develop- ment Regulation Act, F.S. 8 163.3161 et seq. Secs. 34-4, 34-30. Reserved. ARTICLE II. QUASI-JUDICIAL MATTERS* Sec. 34-31. Ex parte communications with public officials. Communications with local public officials, as defined in F.S. 8 286.0115(2), regarding quasi-judicial matters (as defined in Board of County Commissioners of Brevard County v. *Cross reference Lobbying activities, § 2-371 et seq. State law reference--Access to local public officials, quasi-judicial proceedings on local government land use matters, F.S. 8 286.0115. Supp. No. 4, Rev. CD34:3 § 34-31 AVENTURA CODE Snyder, 627 So.2d 469 (Fla. 1993), including the adjudication of the rights of persons and the application of a general rule or policy to a specific individual, property, interest or activity) shall be governed by the following procedure. Any person not otherwise prohibited by statute, Charter provision er ordinance may discuss with any local public official representing the City the merits of any matter on which action may be taken by any board, council or commission on which the local public official is a member. Such communication shall not raise any presumption of prejudice provided that the following process of disclosure occurs: (1) The subject and substance of any ex parte communication with a local public official representing the City which relates to quasi-judicial action pending before the official, as well as the identity of the person, group or entity with whom the communication took place, shall be disclosed and made a part of the record before final action is taken on the matter. (2) A local public official representing the City may read a written communication from any person; however, a written communication that relates to quasi-judicial action pending before such official shall be made a part of the record before final action is taken on the matter. (3) A local public official representing the City may conduct investigations, make site visits and receive expert opinions regarding quasi-judicial action pending before him, provided that such activities and the existence of such investigations, site visits or expert opinions is made a part of the record before final action is taken on the matter. (4) Disclosure made pursuant to subsections (1), (2) and (3) of this section must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication. (Ord. No. 96-09, § 1, 7-16-96) See. 34-32. Hearing procedures. Unless otherwise provided by law, or by resolution of the City Commission pertaining to a specific matter, quasi-judicial hearing procedures shall be substantially as follows: (1) Purpose. It is the purpose of this section to provide a fair, open and impartial procedure for the consideration by members of the City Commission of quasi-judicial matters in the course of quasi-judicial proceedings. (2) Definitions. For purposes of this section, the following definitions shall apply: a. Applicant means an individual, corporation or other authorized legal entity filing an application or an appeal which initiates a quasi-judicial proceeding, including City staff and the City Commission. b. Application means an application for a site-specific rezoning, variance, special exception or conditional use permit, or other request for a quasi-judicial proceed- ing or appeal as authorized by the City's zoning ordinance. Supp. No. 4, Re~ CD34:4 PLANNING AND ZONING § :14-32 (3) c. City staffmeans an employee or agent of the City. d. Member means a member of the City Commission. e. Chair means the Mayor, unless otherwise provided. Proceedings. a. Legal representation. 1. Applicants may be represented by legal counsel. 2. The City Commission shall be advised by the City Attorney. b. Participants at hearings. All who testify on any application must sign in and be sworn by the presiding officer. All persons testifying subject themselves to cross examination. Each person, other than members of City staff, who addresses the City Commission shall give the following information: 1. Name; 2. Address; and 3. Whether the person speaks for himself, a group of persons, or a third party. If the person says that he represents an organization, he shall also indicate whether the view expressed by the speaker represents an established policy of the organization approved by the board or governing body. c. Conduct of hearing. All quasi-judicial hearings shall be recorded. A court reporter may be retained and paid for by any interested person to transcribe the proceedings. Any person may order and pay for a transcript of the proceedings. Any such retained court reporter shall identify himself to the City Attorney before the hearing. The order of hearing shall be as follows: 1. The Chair shall read a preliminary statement once at the beginning of the quasi-judicial public hearing agenda, announce the particular agenda item, and open the public hearing. The Chair shall conduct the meeting, and all questions shall be through the Chair. 2. The applicant, witnesses, City staff and all participants asking to speak shall be sworn, excluding attorneys, unless the attorney intends to testify. 3. The Chair shall decide any parliamentary objections and objections to evidentiary matters with the advice of the City Attorney. 4. The City staff shall present its report, offer it into evidence, and have it made part of the record. 5. The applicant shall present its case. 6. Participants in support of the application shall present their testimony and any evidence. 7. The opposition shall have the right to cross examine individual speakers. 8. Members may ask questions of any speaker through the Chair. 9. Participants in opposition to the application shall present their testimony and evidence. Supp. No. 3 CD34:5 § 34-32 AVENTURA CODE 10. The applicant shall have the right to cross examine individual speakers. 11. Members may ask questions of any speaker through the Chair. 12. City staff shall be given time for rebuttal, if requested. City staff shall be subject to cross examination. 13. Any other member of the public may testify and present evidence, and such persons are subject to cross examination. 14. The applicant shall be given time for rebuttal, if requested. 15. The Chair closes the public hearing. Members shall discuss the matter in public session and render a decision. No further presentations or testimony shall be permitted unless directed by the City Commission. d. Record of hearing. Following the final disposition of the application, all evidence admitted at the hearing, the application file, all City staff reports, and the adopted order promulgating the decision of the City Commission shall be maintained in a separate file constituting the record of the application. The record shall be kept in the custody of the appropriate City staff at alt times during the pendency of the application. The record will be made available to the public for inspection upon request at any time during normal business hours. (Ord. No. 96-09, § 2, 7-16-96) See. 34-33. Public statements by Commissioners. (a) The Mayor and Commissioners shall each avoid publicly expressing their intention, either directly or indirectly, to vote for or against a pending quasi judicial matter or working to influence public opinion upon a pending quasi judicial matter, prior to hearing held pursuant to City Code section 34-32. A quasi judicial matter is pending when an application has been filed pursuant to City Code section 34-32. (b) The failure to comply with the restriction provided in paragraph (a) of this section shall not invalidate any action or decision of the City Commission so long as the decision or action of the City Commission is supported by competent substantial evidence of record as required by law. (c) Any members of the City Commission violating the standard of conduct set forth above shall be subject to public censure by the City Commission, subject to rules adopted by the City Commission providing the accused Commissioner with a fair hearing, including an opportunity to be heard. The Commission reserves the right, by subsequent ordinance to prospectively implement other sanctions, in the event that the sanction provided for above is not effective in implementing the purposes of this section. (Ord. No. 98-23, § 1, 10-6-98) Secs. 34-3~ 34-40. Reserved. Supp. No. 3 CD34:6 Motion to adopt Action Plan for Charter School Development Charter School Action Plan 1. Authorize City Manager to issue RFP for Design/Build and Operate Charter School. 2. Include PLC as part of Charter School system. 3. Authorize City Manager to advise School Board of the City's direction to obtain charter schools. 4. Review and develop financing plan with Financial Advisor. 5. Coordinate and develop exterior design in conjunction with Community/Recreation Center. 6. Include Charter School capital costs in CIP document. I! III 3 4 8 10 12 13 14 18 BERMELLO,AJAMII