Title: Special Meeting re: Quantum Community Development District

Recommendation:
I recommend the School Board approve a Resolution, pursuant to Florida Statutes Section 164.1052(2), to elect to participate in the conflict resolution process initiated by the Quantum Community Development District by Resolution dated June 28, 2007 and join the conflict resolution process between the Quantum Community Development District and the School Board of Palm Beach County, Florida as a primary conflicting governmental entity as to the alleged conflicts stated within the Quantum Community Development District Resolution.  I also recommend that the School Board authorize the Office of the Chief Counsel and all supporting District Staff to abide by all required statutory proceedings, to pursue all options available to resolve the alleged conflict, and to join any party(ies) deemed necessary.

Description:

• On May 8, 2007, the Quantum Community Development District (QCDD) served its lawsuit against the School District of Palm Beach County, Florida, more properly known as the School Board of Palm Beach County (SCHOOL DISTRICT), Florida, Case No. 50 2007 CA 007046 XXXXMB AN (lawsuit) seeking a temporary and permanent injunction to enjoin the SCHOOL DISTRICT from constructing a building at Boynton Beach Community High School.
• On May 15, 2007, the SCHOOL DISTRICT filed a motion to dismiss the lawsuit.
• On May 29, 2007, the SCHOOL DISTRICT filed a Motion to Abate the lawsuit pursuant to the Florida Governmental Conflict Resolution Act, Florida Statutes Chapter 164.
• On June 7, 2007, the Court granted the SCHOOL DISTRICT’s Motion to Abate and currently the lawsuit is abated by an Agreed Order pending the outcome of the Florida Governmental Conflict Resolution Act process pursuant to Florida Statutes Chapter 164.
• On June 28, 2007 the QCDD passed a Resolution to initiate conflict resolution procedures under the Florida Governmental Conflict Resolution Act.
• On July 3, 2007, the QCDD mailed the SCHOOL DISTRICT a letter outlining their alleged conflict, justification for initiating the conflict resolution process, and set a date and location for the Conflict Assessment Meeting.
• In order to participate in the conflict resolution process and join the process as a primary conflicting governmental entity, the School Board must approve a Resolution.
• At the Board’s last regular meeting on June 27, 2007, the Board, in anticipation of receipt of the QCDD Resolution, by consent, agreed to participate in the conflict resolution process.

Financial Impact:
To be determined

For Additional Information, contact:

Gerald A. Williams, Esq.; Chief Counsel williamsg@palmbeach.k12.fl.us

Kathelyn Jacques-Adams, Esq.

Attachments (list):
Proposed Board Resolution.pdf
QCDD June 28 2007 Resolution.pdf
July 3 2007 letter from QCDD.pdf