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Item M6BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 21, 2007 Division: BOCC Bulk Item: Yes No X Department:_ Neu& nt — District 2 Staff Contact Person/Phone #: Terri Marble X4512 AGENDA ITEM WORDING: A request from the Board of County Commissioners to express support to the Department of Community Affairs for the Big Pine Neighborhood Charter School, Inc. to expand its student outreach to include PreK through a grades. ITEM BACKGROUND: School Board Superintendent Randy Acevedo confirms School Board support for this proposal. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: na BUDGETED: Yes — No — COST TO COUNTY: na SOURCE OF FUNDS: REVENUE PRODUCING: Yes — No _ AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included ✓ DISPOSITION Revised 11/06 Not Required_ AGENDA ITEM # borboopr � 2 � Big pine Neighborhood Charter School Inc. 30220 overseas Highway Big pine KeY, FL 33043 phone: 3m-en-1266 Fa)(* 305-8n-1265 A non-profit corporation contracted to provide educational alternatives and parental choice within a public charter school under the auspices of the Monroe County Board of Education. TO: Secretary Thomas Pelham Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Fl 32399-2100 RE: Department of Community Affairs Monroe County School Board, Kitty Wasserman, BHF Corporation and Monroe County Case No#: APP-92-061 DOAH Case No#.: 93-1316 1/24/07 Secretary Pelham: We the Board Members of the Big Pine Neighborhood Charter School (BPNCS) would dutifully like to request an expedited hearing of a proposed amendment to the present DCA Settlement Agreement that governs the provision and range of available public school instructional programming at our facility. As a provider of public school education in Monroe County through a Charter Contract with the Monroe County School Board (MCSB) we have been operating for 5 years; and, due to our school's repeatedly demonstrated success we have recently negotiated a new agreement with the MCSB to expand our current range of instructional programming so as to provide quality educational alternatives and Public School Choice to the residents of Monroe County in our locale. This agreement with the MCSB however is superseded by an original 1994 DCA land use and facility agreement. In order for the BPNCS to move forward with the demonstrated need for these public school services in our area we must seek to amend this DCA Settlement Agreement so as to add the language provisions of the newly negotiated agreement with the MCSB. The MCSB has already endorsed this proposal. Historically, in 2004, the BPNCS previously successfully petitioned the DCA, MCSB, Monroe BOCC and the USFW to amend this agreement in concert with our then MCSB Charter Contract when we added new grades at the small school. Currently, USFW Vero Beach, who is an interested party to this Settlement Agreement, has been contacted to provide an opinion as to our proposed project and an official statement of "no -impact to endangered or threatened indigenous species or critical habitat" should be shortly forthcoming. There will be no additional bus transportation and no land take involved with this proposal. We will continue to operate at the current facility with no planned new construction and within the confines of the already established and fenced property boundary lines. Pursuant to the Original 1994 Settlement Agreement (modified 1995 and 2004) it is the intention of the BPNCS to request to specifically modify language in Section 4 Subsection A. CURRENT 2004 MODIFIED AGREEMENT SECTION 4 SUB SECTION A LANGUAGE The Big Pine Neighborhood Charter School occupies the small school and buildings located on approximately 4.5 acres consisting of lots 5, 6, and 7 of Tropic Island Ranchettes on Big Pine Key. The school's population is limited to 130 students. The school will serve students from pre -kindergarten through third grade. Monroe County students residing within and south of the City of Marathon may attend the school. PROPOSED SECTION 4 SUB SECTION A. 2007 REPLACEMENT LANGUAGE The Big Pine Neighborhood Charter School occupies the small school and buildings located on approximately 4.5 acres consisting of lots 5, 6, and 7 of Tropic Island Ranchettes on Big Pine Key. The school's population is limited to 200 students. The school will serve students from pre -kindergarten through eighth grade. All students residing within Monroe County may attend the school. By the granting of this language modification request, the school will be able to meet our community's desire for an increase in educational programming up to 8`s Grade (the school currently stops at 3Td Grade); it will allow enrollment up to 200 students (this 200 student capacity was previously contained in the 1994 / 1995 agreements and modified in 2004 to suit our then Charter with the MCSB); and, it will allow the enrollment of students from within all of Monroe County (in accordance with Public School Choice Law). Attached, you will find a ready drafted instrument for your review that meets the necessary language conditions (same as above) that we are requesting the consideration of. We thank you in advance for your attention to this matter and for any and all actions taken on our behalf and the residents of Monroe County. Should you need any further information or need to correspond in relation this matter, 1 can be reached directly at 1-612-968-0851 or the email address below. Sincerely Tom Forsythe, BPNCS President Big Pine Neighborhood Charter School 30220 Overseas Highway Big Pine Key, Fl 33040, Email: Tforsythe@visi.com. Email cc: Monroe County School Board Attorney, Dirk Smits DCA Marathon Planning Manager, Mayte Santamaria Monroe County Board of County Commissioners, Mayor Mario De Gennaro "Home of the Big Pine Eagles Where the community is enriched one student at a time."