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Item M03 9-07-2001 10:43AM FROM P. 1 Request time1:ertain Board of County Commissioners ~encla Item Summary Meeting Date: August 19, 2001 Bulk Item: Yes D No . Division: Board of County Commissioners Department: George R. Neugent AGENDA ITEM WORDING: Approval from the Board requesting termination of existing agreement with Department of Community Affairs that disallows use of Big Pine School for community purposes. ITEM BACKGROUND: It IS also my understanding that there will be a joint request: by Big Pi... Key Charter School Group to request permiaion of use for Summertand Key students. An update by BPK Charter SdlooIl'elftsent'atiYes. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT OIANGE$: STAFF RECOMMENDAUONS: TOTAL C05r: BUDGETED: YES C NO C COST TO COUN1Y: $ REVENUE PRODUCNG: YES C NO D AMT PER MONnt: YEAR: APPROVED BY: COUNlY ATTY [] OMB/puRCHASING C RISK MANAGEMENT C APPROVAL~~ ~ MAY GEORG NEUGENT DISTRICT II DOCUMENTAUON: INCLUDED. TO FOllOW C NOT REQUIRED C DlsPOsmON: AGENDA ITEM # ~ FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 1339 20lh Strcct Vera Beach, Florida 32960 United States Department of the Interior July 19,2001 RECEIVED JUL 2 5 Z001 BY: Mayor George R. Nugent Monroe County Commissioners 25 Ships Way Big Pine Key, rlorida :53043 RE: Recreational Facilities at the Big Pine Key Elementary School Dear Mayor Nugent: I have received your inquiry into the possibility of developing recreational facilities at the Big Pine Key Elementary School property. I understand well the various issues surrounding development on Big Pine Key, and think it invaluable to coordinate potential projects before too much effort has gone into the final planning. I visited the Big Pine Key Elementary site on July 18,2001. The property is approximately 900' x 200' in size, is largely devoid of native vegetation, and is encompassed by a fence. Because of the developed aspect of this property, it is likely that construction of recreational facilities at this site will have negligible impact to endangered Key deer or other threatened or endangered species. Your letter referenced the potential modification of the terms of the 1995 Amended Settlement Agreement between the Monroe County School Board, the Monroe County Commission, and the Florida Department of Community Affairs. This settlement agreement addressed issues relating to student attendance, fencing, and development of recreational facilities. The Service was not a pan] to that agreement, and would not object to the affected parties revisiting that agreement. The Service has an established process for reviewing development proposals that may effect Key deer or other threatened or endangered species. I am enclosing a form that we use to review development projects. Your request should include a site plan and a description of the proposed project. We do not require engineered construction plans; a simple site plan showing the footprint of the proposed development is adequate for our review of the project. Mayor George R. Nugent Big Pine Key Elementary School Page 2/2 Once the Monroe County Commission and Monroe County School Board have a specific development plan for the proposed recreational facility, our office will gladly review the development proposal and provide our approval and/or recommendations in writing. Turn- around time for requests for technical assistance is approximately 10 working days. I look forward to the opportunity to work with you on this important project, and am confident that the U.S. Fish and Wildlife Service will be able to assist the Monroe County School Board and Monroe County Commission in the planning of recreational facilities at the Big Pine Key Elementary site. Thank you for your interest in the protection of wildlife in the Florida Keys. )~ Sincerely, 4J.~ Philip A. Frank, Ph.D. cc: Florida Department of Community Affairs (A TT: Rebecca Jetton) Andrew M. Tobin, P.A. U.S. Fish and Wildlife Service, Vero Beach Tobinlaw@Terranova.nel ANDREWM. TOBIN, PA Attorney at Law Post Office Box 620 Tavernier, Florida 33070 Land Use & Zoning Law Environmental Law Administrative Law Appellate Practice Real Estate Closings Telephone 305-852-3388 June 13, 2001 / ~ ' JUN 1 ~ ?nn1 I I I , J Michael McDaniels, Community Program Administrator Department of Community Affairs Division of Community Planning 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100 ;-. I , \ .~~ Re: Charter School Dear Mr. McDaniels: I assume by now that everyone is aware that the Big Pine Key Neighborhood Charter School Inc., a nonprofit corporation, is negotiating with the Monroe County School Board to convert the existing Big Pine Key School to a Charter School. In keeping with our preliminary negotiations, I have drafted the enclosed agreement to expand the geographical area from which we can draw students. With your cooperation, this exciting and innovative Charter School will become a reality and one that we can all be proud of. cc: Michael Lannon, Superintendent of Monroe County Schools Dr. Margaret Smith, Deputy Superintendent John R. Collins, School Board Attorney David Jordan, Assistant General Counsel James T. Hendrick, County Attorney Mayor George Neugent State Representative Ken Sorenson Dr. R. Duncan Mathewson f ~~~~ SECOND AMENDED SETTLEMENT AGREEMENT THIS AGREEMENT is entered into between the Monroe County School Board (IISchool Boardll), the Department of Community Affairs (IIDCAII), and the Board of County Commissioners of Monroe County, Florida (IIMonroe Countyll) . Whereas the parties entered into an Amended Settlement Agreement in 1995 that restricted the number of students attending the school to a maximum of 200, and further restricted ). the attedance of students to pre-kindergaren through second"grade residing on Big Pine Key, No Name Key and north to the Seven Mile Bridge; and Whereas, the School Board is currently negotiating to convert the school to a Charter School pursuant to Ch. 228, Florida Statutes; and Whereas, in order to have a succesful Charter School it is necessary to expand the geographical area to allow students residing on Little and Middle Torch, Ramrod and Summerland Key to attend the school; and Whereas, the parties desire to clarify the intent of Paragraph 4C to allow residents of Big Pine Key to use the school facilities for meetings and recreational uses. Now therefore the parties agree as follows: 1. Paragraph 4A is amended to allow students residing on Little and Middle Torch, Ramrod and Summerland Key, as well as Big pine Key, No Name Key and north to the Seven Mile Bridge to attend the school. This amendment shall not be construed to lift the cap on enrollment, which shall remain at 200, or to allow grades other than pre-kindergarten through second grade. 2. Paragraph 4C is hereby amended to clarify that it is not the intent of the original Agreement to prohibit the School 1 Board or a Charter School from allowing the school facilities to be used by the residents of Big Pine Key (children and adults) for meetings or recreational uses. 3. Except for the amendments set forth herein, the parties acknowledge that the original Agreement shall remain in full force and effect. In Witness Whereof, the parties by and through their respective undersigned duly authorized representatives have signed and delivered this Agreement on the dates written below. ~:. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY SCHOOL BOARD OF MONROE COUNTY By: By: Dated: , 2001 Dated: , 2001 Clerk of the Court DEPARTMENT OF COMMUNITY AFFAIRS Attest: Dated: , 2001 By: Approved as to legal sufficiency: Dated: , 2001 County Attorney's Office 'I: "ij'\ .'...., " \. /I), ., l Charter School Application J . . Big Pine Neighborhood Charter School ~ .... Submitted to Monroe County School Board ~h,.~.._ by Big Pine Neighborhood Charter School Inc. 15 September 2001- Corporate Contact: Dr. Duncan Mrithtwson . Chair Hazel Hartman - Vice-Chair " \ ; I. , .; t. Family Learning C~nter Through a school/home/community collaborative prtnership, a special educational feature associated with the charter school will be the Family Learnina Center program. This will be developed in the facility (7-9 P.M.) in the evening when school is not in session. During the school year, the building will be open for evening classes and meetin9s of parents, community members and civic associations. Night classes in English adult literacy in association with the Literacy Volunteers of America (LVA) will be held for the growing numbers of Spanish speakers in the Big Pine area. Parenting classes and early childhood development training for kids (3 yec:i'rs old to 3rd grade) will be conducted in association with the Healthy Families service program of Welsey House. Toddler training programs, family child care classes, CDA workshops, infant/child/adult CPR and first aid courses and domestic abuse work-shops will be taught. Bilingual social workers will assist Spanish speaking families to obtain needed adult and child social services from state and county agencies. A community outreach will be developed with referrals to Healthy Kids / Kid Care and the Life Lines program of the Rural Health Network of Monroe County Health Services (RHNMC). Health services for the undeserved working families will be arranged with the RHNMC Medi-Van on Thursday at St. Peter's Church. The evening use of the school facility as a Family Learnina Center and a community meeting center will provide a valuable synergistic re.source for community education- health-welfare trainifl.g while making a more complete use of the school facility. These training programs will be self supporting by the participating organizations and will be completely separate from charter funding resources. After School Enrichment A children's theatre program emphasizing skill build'ing in the performance and tt;reative arts such as drawing, painting, music, dance and story telling will provide an after- school enrichment program daily from 2-5:30 P.M. This high quality "latch key program" will be taught by local Big Pine artists, retired teachers and senior citizens volunteering from the retirement community. Although closely linked with the charter school curriculum, it will be funded separately through a nominal daily fee of $5/student, privately funded contributions, and grants.