Opinion: Avossa Misleads Public on Charter Funding Law

This article is an opinion piece.

Superintendent Robert Avossa of the Palm Beach County School District; image copyright Warren Redlich

A few days ago the Palm Beach County School District issued a misleading press release. The release falsely suggested that recent state legislation could negatively affect the district’s credit.
It led with this big headline:

HB 7069 Could Result in Credit Downgrade

This headline was followed by this opening sentence:

Stable credit ratings for the School District of Palm Beach County and other large school districts could be at risk …

Referring to a recent statement by Moody’s, a credit rating agency, Superintendent Avossa was quoted in the press release:

“This independent analysis by Moody’s highlights one of our real concerns with this new law – the financial effect that it will have on our District, and on school districts throughout Florida,” said Dr. Robert Avossa, Palm Beach County Schools Superintendent.

These scary statements are objectively false when it comes to our school district. Even if the claims are true that the district would lose $230 million to charter schools over the next 10 years, that number is dwarfed by the $1.3 billion the district claims will be raised by the so-called Penny Tax that was approved by voters in November.
Moody’s most recent rating of the district was in September of 2016, meaning any reevaluation of the district’s credit would take into account a net gain of over $1 billion.
It is true that Moody’s suggested the charter funding law could affect credit ratings for some districts. But that statement did not take the Penny Tax into account. Avossa and the district staff all know about that tax increase and that there is no credit rating risk for our district.
We contacted the district to give them a chance to explain and defend this. The response from Leanne Evans, Treasurer is below. We do not find this satisfactory but readers can form their own conclusions.

HB 7069 requires the District to share the capital outlay tax revenue on a per student basis. The calculation takes the full amount of the capital tax revenue then deducts the amount the District needs for debt service (principal, interest and fees) based on debt outstanding on 3/1/17. The District’s capital plan assumes the taxable values will increase annually at an average of 4.5%, so the base amount to be shared will increase annually. At the same time, the District is paying off debt so the amount of debt service will decline. With those two variables, the amount we expect to provide to charters will range from $10.6 million in FY18 up to $32.7 million in FY27. The expected loss of $230 million over ten years assumes the percentage of students attending charters in Palm Beach County remains constant. If that percentage changes, the amount transferred to charters will also change.
The sales tax is dedicated to specific projects over the next ten years. Most of the sales tax money will be used for deferred maintenance and school buses. It will allow us to catch up on work that was postponed during the financial downturn and when the legislature reduced the District’s taxing authority by 25%. There is other work in the District’s capital plan that was to be funded with other funds, mainly local property taxes. This includes ongoing maintenance work so the sales tax would not be needed at the end of 10 years. The loss of $230 million is significant and will jeopardize that plan. The District is working to revise the capital plan and clearly identify the reductions that will be needed due to HB 7069.
Moody’s Investor Service issued the comment to advise investors of the challenges that all Florida School Districts will face due to HB 7069. The revenue stream used to make debt service payments is now less predictable. Additionally, they are concerned about the ability to provide the ongoing maintenance, technology and transportation for students. As revenues are reduced, they consider this to be “credit negative” just as an individual’s credit score may be reduced if they experience a pay cut. However, in a similar way an individual could use financial companies similar to Nova Credit (learn more here) to help build their credit, there are ways for us to build our own so we are not affected by any negative credit that may come our way. The School District of Palm Beach County is fortunate to have the support of the community, as demonstrated by the approval of the sales tax. We expect Moody’s and the other rating agencies will take that into account when they review our credit rating later this year but also expect they will question our ability to properly maintain our buildings when the sales tax expires in 2026.

We also reached out to West Boca’s school board representative, Frank Barbieri. We were told he was unavailable for comment.

Say No to Johns Glades West – aka Uptown Boca

Update – The new developer is calling it Uptown Boca.

Image of Johns Glades West from zoning application

We took a hard look at the Johns Glades West proposal and we’re opposed. The Palm Beach County Commission approved this on April 26th. It might be too late to do anything about it, but we suggest you contact Commissioner Mary Lou Berger.
You can call her at 561-355-2205, or e-mail her at [email protected].
Developers plan to build a very dense project on the south side of Glades Road. The front on Glades would be a fairly large commercial plaza including a grocery store, a theater, restaurants and more.

Here’s the developer’s depiction of what it will look like:

The back part of the project is more disturbing and completely out of character for West Boca. It would include seven five-story buildings with over 450 apartments.

County zoning staff wrongly concluded this fits in with the existing development around it.
“Staff Analysis: The proposed amendment is consistent with the character and development pattern of the surrounding communities, which can be characterized as a built development pattern with higher density and higher intensity.”
This is ridiculous. Yes it’s true that the nearby commercial plazas are similar to the commercial part of the proposal. But neither Westwinds nor Shadowood have housing at all, much less 5-story towers packed with 10 apartments per floor.
Nothing around it would be nearly this dense. Look at this image:

The residential neighborhoods to the north, east, and southwest are far less dense with much more greenery. Same with the Jewish Federation campus to the south. Residents of Palma Vista, to the southwest, have legitimately complained about the R2 building (lower left) which will tower over the homes in the northeast end of their neighborhood.
The developer is seeking 12 residential units per acre for the whole 38 acres of the site, but that the county is ignoring the fact that half of those acres would be used for commercial space. So they’re really getting 24 residential units per acre.
There’s no space for trees, grass, etc., allotting less than two acres for a lake. All those hard surfaces with no green space means big stormwater runoff problems.
The apartment complex will consist of over 450 tiny apartments (we estimate an average size of 800 square feet) with minimal amenities. There isn’t even a pool in the plan.

Reading through the details of the submission (see pdf below) we see numerous agencies referencing their ability to handle the project at 300 residential units, with some saying that density would be a problem and others indicating issues. But the proposal is 450+ units, not just 300.

Johns Glades West

PDF Johns Glades West – Uptown Boca

For one thing, with 300 units it still fails the long range traffic test.

In other words it will create long term traffic problems on Glades Road, Lyons Road, and US-441.
According to the school district it will overcrowd Eagles Landing Middle School, and add a significant burden to both Olympic Heights and Sandpiper Shores. We all know how great the traffic is at Sandpiper Shores already.
Did you realize what the county was allowing to happen? Do you feel that Mary Lou Berger, your representative, communicated sufficiently with you about this?
Before writing this article we reached out to Ms. Berger and Ms. Scarborough. They did not respond.

Sonic Judgment, Posse Comitatus and Public Notice

F-15; U.S. Air Force photo/Staff Sgt. Samuel Rogers

Shortly before 7 pm Friday night many thousands of South Florida residents were startled by a loud noise that shook homes from Weston to Wellington.
West Boca News received dozens of messages, calls, text messages along with hundreds of comments from readers. We were unable to find solid answers for hours.
Some local officials put out short, vague notices. The Broward Sheriff was particularly confusing:

A military event could mean a lot of things – an attack on our country, a coup, a training exercise, etc.
This morning we did find a release from NORAD that seems credible.

A pair of Air Force F-15s … intercepted an unresponsive general aviation aircraft near the Palm Beach, Fla., area at approximately 7 p.m. EST.
The intercept required the Air Force F-15s from Homestead Air National Guard Base to travel at supersonic speeds, a sound noticed by area residents, to get to the general aviation aircraft where they were able to establish communications.

This leaves us with two concerns about the judgment of whoever made the decision to go supersonic.
First, was it necessary and appropriate?

Air Force procedures require that, whenever possible, flights be over open water, above 10,000 feet and no closer than 15 miles from shore. Supersonic operations over land must be conducted above 30,000 feet or, when below 30,000 feet, in specially designated areas approved by Headquarters United States Air Force, Washington, D.C., and the Federal Aviation Administration.

Going supersonic is not something the Air Force is supposed to take lightly. Moreover, military operations within the borders of the United States are supposed to be limited by the Posse Comitatus Act of 1878.
The reports are that the sonic booms started in Weston and continued to somewhere near Boynton Beach or Wellington. That’s in the ballpark of 40 miles. At 750 mph (just below the speed of sound) a plane would travel that distance in just over 3 minutes. At 1500 mph an F15 would get there in half the time. Going supersonic got them there perhaps 90 seconds quicker.
We would like to give the Air Force the benefit of the doubt and hope that yesterday’s decision was correct under the circumstances. But that leads to our second concern.
If they’re going to rattle homes over a 40 mile densely populated stretch, alarming over 100,000 people, they should let us know what happened immediately. We heard numerous reports of distress, including police coming out of their stations with guns drawn, children crying, 911 calls overwhelming the operators, and neighbors rushing outside their homes and getting to know each other.
NORAD should have plans in place to notify local law enforcement and media when this happens. We don’t expect West Boca News to make the list but the local TV stations and major regional newspapers certainly should.

Text of Judge Donnelly Order Staying Trump's "Muslim Ban"

A federal judge in Brooklyn issued an “emergency order” (similar to a TRO or temporary restraining order) staying President Trump’s recent executive order putting a hold on immigration from certain countries. The media has been inaccurately referring to it as a “Muslim ban”. The order applies to people from countries on a list of “countries of concern” that was maintained by the Obama administration.
We were unable to find the text of the order in a regular internet search so we went and got it. Unfortunately, and somewhat mysteriously, the motion papers seeking this emergency order were protected so that we were unable to see them – even the memorandum of law. The pdf of the order is at bottom, followed by the Petition and Complaint.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
—————————-
HAMEED KHALID DARWEESH and
HAIDER SAMEER ABDULKHALEQ
ALSHAWI, on behalf of themselves and others
similarly situated,
Petitioners, DECISION AND ORDER
– against – 17 Civ. 480 (AMD)
DONALD TRUMP, President of the United
States; U.S. DEPARTMENT OF
HOMELAND SECURITY (“DHS”); U.S.
CUSTOMS AND BORDER PROTECTION
(“CBP”); JOHN KELLY, Secretary of DHS;
KEVIN K. MCALEENAN, Acting
Cotnmissioner of CBP; JAMES T.
MADDEN, New York Field Director, CBP„
—————————————
Respondents.
ANN DONNELLY, District Judge.
On January 28, 2017, the petitioners filed an Emergency Motion for Stay of Removal on behalf of themselves and others similarly situated.
IT APPEARING to the Court from the Emergency Motion for Stay of Removal, the other submissions, the arguments of counsel, and the hearing held on the 28th of January, 2017,
1. The petitioners have a strong likelihood of success in establishing that the removal of the petitioner and others similarly situated violates their rights to Due Process and Equal Protection guaranteed by the United States Constitution;
2. There is imminent danger that, absent the stay of removal, there will be substantial and irreparable injury to refugees, visa-holders, and other individuals from nations subject to the January 27, 2017 Executive Order;
3. The issuance of the stay of removal will not injure the other parties interested in the proceeding;
4. It is appropriate and just that, pending completion of a hearing before the Court on the merits of the Petition, that the Respondents be enjoined and restrained from the commission of further acts and misconduct in violation of the Constitution as described in the Emergency Motion for Stay of Removal.
WHEREFORE, IT IS HEREBY ORDERED that the respondents, their officers, agents, servants, employees, attorneys, and all members and persons acting in concert or participation with them, from the date of this Order, are
ENJOINED AND RESTRAINED from, in any manner or by any means, removing individuals with refugee applications approved by U.S. Citizenship and Immigration Services as part of the U.S. Refugee Admissions Program, holders of valid immigrant and non-immigrant visas, and other individuals from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen legally authorized to enter the United States.
IT IS FURTHER ORDERED that to assure compliance with the Court’s order, the Court directs service of this Order upon the United States Marshal for the Eastern District of New York, and further directs the United States Marshals Service to take those actions deemed necessary to enforce the provisions and prohibitions set forth in this Order.
SO ORDERED.
Dated: Brooklyn, New York January 28, 2017
Ann M. Donnelly
United States District Judge
[gview file=”https://westbocanews.com/wp-content/uploads/2017/01/stay.pdf”]
[gview file=”https://westbocanews.com/wp-content/uploads/2017/01/1-_complaint.pdf”]

Student Article: Welcome to the World Today

By Amanda Brooke from West Boca High
Take a look around you. Look at all the faces surrounding you as you sit in math class, or at the park. Are they happy? Are they smiling? They may appear happy, but perhaps that joy is only temporary. Around the world, millions of people face oppression within society on a daily basis.
Welcome to the world today, take a look at how the U.S. Government handles laws; we have bans on anti-discrimination. In what way does prohibiting kindness towards others make any logical sense? Is it not bad enough that fifty-five percent of students feel unsafe in school due to the harassment they receive for their sexual orientation, and thirty-eight percent due to their gender expression (GLSEN*)? They say we should keep distances between church and state, but then they turn around and deny gays services based on beliefs. The courts rule in favor of places such as Hobby Lobby, who won’t help their employees get proper contraceptives, yet Hobby Lobby is willing to give money to companies who support birth control. Why do we put religion before the greater good, if we have such freedom from religion?
Let’s talk about suicide and scarred up thighs; let’s talk about the grades that are dropping lower, as teens are getting higher. Transgenders have a higher risk of being murdered than soldiers in the Afghanistan war, one out of eight compared to one out of twelve. About 38% of the homeless youth are gays and lesbians who have been kicked out of their homes due to whom they love. According to the Rape, Abuse, and Incest National Network, there are 293,000 rape incidents every year, and those are just the ones that get reported. Of all those sexual assaults, 47% of the rapists were family members or acquaintances. What’s going on? How do we stop it? Welcome to the world today.
People in magazines tell us if we want a future, we need to be skinny, beautiful, and tall. Eyes all around are judging us based on looks, fashion, and behavior, but what about what’s inside of us? Doesn’t our personality count for anything? We live in a society where little kids can’t stand to look in the mirror, for fear of blemishes or having too much meat on their bones. Middle schoolers starve themselves to fit a size zero, while the others shove fingers down their throats, because ‘the calories don’t count if it’s not fully digested.’ The rate of eating disorders in ages fifteen to nineteen years old has increased every decade since the 1930’s, according to the National Eating Disorder Archives records. Unimaginable pressures are put on everyone to do their best, be the best, look the best, but what about our health? What about our sanity? Parents tell us that school is our jobs, that boys will be boys, but does anyone tell us it’s okay to be a little selfish? No, because grades are more important than our well being. Welcome to the world today.
When will Congress wake up and realize that people can no longer survive on minimum wage? Maybe in the 1960’s people could live off twenty dollars for a week, but now that will buy you a box of cereal and some apples. And how is it, exactly, that when a man does the exact same work as a woman, it’s decided he deserves more than her? I don’t remember a consensual discussion occurring in which it was deemed that a male’s labor is worth twenty-two cents more than that of a female’s. We give millions of dollars to celebrities and athletes, but what do they offer to the world? Nothing. We throw money at them like it grows on trees, meanwhile, there are hundreds starving on the streets; they just want to know when they’ll receive their next meal. Welcome to the world today.
We thank the lawyers for getting us out of jail, we thank the doctors for saving lives, but we never thank the teachers who taught them to be the incredible people they now are. No one just wakes up as the top lawyer in their state; they’ve all gone to school. So many people who deserve our thanks get overlooked. Without farmers, we’d have no food. Without teachers, we’d have no intelligence or understanding. Without journalists, we’d be disconnected from the world around us. Lawyers, doctors, businessmen, they are all wonderful, but we must not forget those who do the background work. Welcome to the world today.
What are we doing to our Earth? What is happening to our society? We twist the words of oppression to make everything disguised as being great. Nothing is truly great, we are all in major peril. We need to stand up and make a difference. We need to fight for freedom — for our true freedoms. We need to stand as one nation, for liberty and justice for all. Welcome to the world today.
*Gay, Lesbian, and Straight Education Network

If you are in need of assistance regarding a crisis of some sort, call the National Lifeline at 1-800-273-8255. Once you place your call, you will be forwarded to the center closest to your location. All calls are confidential and free!