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HomeMy WebLinkAbout2001 12 03 Regular F Seminole County School Board Interlocal Agreement COMMISSION AGENDA ITEM F Consent Informational Public Hearing Regular X ~ ?(,.?9C)\ Nov~hpr 29, W01 ~~Meeting rJ/ ~t Mgr. / Attor / Authorization REQUEST: The Community Development Department requests the City Commission approve and authorize the Mayor to sign the Seminole County School Board Interlocal Agreement of200 1 on behalf of the City Commission. PURPOSE: The purpose of this Agenda Item is to request the City Commission approve the proposed lnterlocal Agreement between the Seminole County School Board, Seminole County, and the seven (7) municipalities in the County. The general purpose of this Agreement is as follows: · To establish a framework for coordination, communication and notification of proposed land use actions; · To build cooperation between affected local governments and the school board; and . To create opportunities to resolve potential disputes; Specifically, the agreement would require notification between and among the School Board, County and municipalities which have mutual borders that would be affected by annexation, density changes, rezonings, comprehensive plan amendments, and other land use actions prior to any official action by adopting parties. APPLICABLE LAW AND PUBLIC POLICY: Applicable law and public policy include the following provisions: · Chapter 163 .3 1 77(6)(h) 1., Florida Statutes, which states, "The comprehensive plan shall November 26,2001 REGULAR AGENDA ITEM F Page 2 principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of school boards and other units of government providing services but not having regulatory authority over the use of land, with the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region, and with the state comprehensive plan, as the case may require and as such adopted plans or plans in preparation may exist." . The provisions of9J-5.015 of the Florida Administrative Codes states in part, "It is the purpose of the Intergovernmental Coordination Element to identify and resolve incompatible goals, objectives, policies and development proposed in local government comprehensive plans and to determine and respond to the needs for coordination processes and procedures with adjacent local governments, and regional and state agencies. . . ." · The provisions of 9J-5.015(3)(b)1. of the Florida Administrative Code, which states, "Coordinate the comprehensive plan with the plans of school boards, other units oflocal government providing services but not having regulatory authority over the use of land, and with the comprehensive plans of adjacent municipalities, the county, and adjacent counties" · Chapter VII (Intergovernmental Coordination Element) of the proposed Winter Springs Comprehensive Plan, Objective 1.1, Policy 1.2.4, which states, "By December 2002, the City of Winter Springs shall attempt to enter into a interlocal agreement with the Seminole County School Board that will formalize procedures for the inclusion of the City during planning for new school facilities or expansions of existing facilities within the city limits or the utility service area." CONSIDERA TIONS: · State law requires each county, all municipalities within that county, and the district school board to establish a formal interlocal agreement to address joint processes for collaborative planning. . In 1985, Seminole County and the municipalities in the County entered into an interlocal agreement for the purpose of providing mutual notification between and among the County and municipalities, which have mutual borders affected by annexation, contraction, density changes, rezonings, comprehensive plan amendments, and other land use actions, prior to official action by either the County or its municipalities. . A 1997 interlocal agreement expanded the scope and detail of the 1985 agreement by facilitating a more orderly, timely and consistent review of annexations, contractions, density changes, rezonings, special exceptions, conditional uses, variances, comprehensive plan amendments, public service facility expansions/contractions, school site land acquisitions, proposed school construction/expansion, and other land use actions, which may affect or impact the parties to the agreement. · The 1997 agreement also established the Intergovernmental Issues Report (lCI) and the Planning Technical Advisory Committee (PT AC). November 26, 2001 REGULAR AGENDA ITEM F Page 3 . The Seminole County Commission adopted two text amendments to the Seminole County Comprehensive Plan in the Fall of 1999, which requires a joint interlocal agreement with the Seminole County School Board (Intergovernmental Coordination Element, Policies 8.1.10 and 8.2.17) . Since the adoption of the text amendments, Seminole County Statfhas coordinated with the School Board and municipalities in Seminole County to develop the interlocal agreement and implement provisions of the County's comprehensive plan policies. . To recognize that public school projects are a high priority in Seminole County, the proposed agreement addresses the following provisions: A. Location of new elementary, middle and high schools; B. Review processes for public elementary, middle, and high schools; C. Co-location of public facilities; D. Data coordination and population projections; E. Location and extension of public facilities subject to concurrency; F. Siting of facilities with countywide significance; and G. Conflict resolution procedures. · The proposed agreement was approved by the School Board at its August 28, 2001 meeting. · The proposed agreement was adopted by the Seminole County Commission at its September 25, 2001 regular meeting. FINDINGS: 1. Planning staff believes the agreement addresses the intent of state statutes, the Florida Administrative Code, and the proposed Winter Springs Comprehensive Plan. 2. The City Attorney has reviewed the interlocal agreement and confirmed its legality and validity. FISCAL IMPACT: None. STAFF RECOMMENDATION: Staff recommends the commission adopt the interlocal agreement, subject to the following conditions: 1. Section 3 (Collaborative Planning)(2)(b) should be revised to require the payment offees for the processing of large development applications. November 26,2001 REGULAR AGENDA ITEM F Page 4 ATTACHMENTS: A. Seminole County School Board Agreement of 200 1 COMMISSION ACTION: ATTACHMENT A SEMINOLE COUNTY SCHOOL BOARD INTERLOCAL AGREEMENT OF 2001 THIS SCHOOL BOARD INTERLOCAL AGREEMENT OF 2001, herein referred to as the "Agreement", is made and entered into this day of 2001, by and among THE SCHOOL BOARD OF SEMINOLE COUNTY, Florida, a political subdivision of the State of Florida and a body corporate pursuant to Section 230.21, Florida Statutes, whose address is 400 East Lake Mary Boulevard, Sanford, Florida 32773-7127; SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771; the CITY OF AL TAMONTE SPRINGS, a Florida municipal corporation, whose address is 225 Newburyport Avenue, Altamonte Springs, Florida 32701; the CITY OF CASSELBERRY, a Florida municipal corporation, whose address is 95 Triplet Lake Drive, Casselberry, Florida 32707; the CITY OF LAKE MARY, a Florida municipal corporation, whose address is 100 North Country Club Road, Lake Mary, Florida 32746; the CITY OF LONGWOOD, a Florida municipal corporation, whose address is 175 West Warren Avenue, Longwood, Florida, 32750; the CITY OF OVIEDO, a Florida municipal corporation, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765; the CITY OF SANFORD, a Florida municipal corporation, whose address is 300 North Park Avenue, Sanford, Florida 32771; and the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708. WITNESSETH: WHEREAS, the school board, county and municipal corporations listed above shall be collectively hereinafter referred to as the "SCHOOL BOARD", "COUNTY" and CITIES respectively; and WHEREAS, the SCHOOL BOARD, COUNTY and CITIES (the "parties") desire to mutually cooperate with each other as most recently and clearly demonstrated by the parties participation in the "Intergovernmental Planning Coordination Agreement of 1997", which agreement provides for mutual notification between and among the parties regarding voluntary annexations, contractions, density changes, rezonings, special exceptions/conditional uses, variances, comprehensive plan amendments, public service facility expansions and contractions, school site land acquisition and proposed school construction and/or expansion, and all other land use actions which may affect or impact the parties to the Agreement; and WHEREAS, Part II, Chapter 163, Florida Statutes, requires that the COUNTY and the CITIES adopt comprehensive plans which include intergovernmental coordination elements for the purpose of, among other reasons, determining coordination processes and procedures with adjacent local governments; and WHEREAS, Part II, Chapter 163, Florida Statues, requires the coordination of local comprehensive plans with the comprehensive plans of adjacent local governments and the plans of school districts and other units of 2 local government providing public services, but not having regulatory authority over the use of land; and WHEREAS, Part II, Chapter 163, Florida Statutes, and the Seminole County Comprehensive Plan require that the COUNTY enter into an interlocal, or other formal agreement, with each of the municipalities within the COUNTY and the SCHOOL BOARD to establish joint processes for collaborative planning; and WHEREAS, this Agreement clearly articulates generally accepted principles and guidelines for coordination of the COUNTY'S Comprehensive Plan with the plans of the SCHOOL BOARD and other units of local government providing services but not having regulatory authority over the use of land, with adjacent CITIES, adjacent counties, the East Central Florida Regional Planning Council, and with the State Comprehensive Plan, as the case may require and as such adopted plans or plans in preparation may exist; and WHEREAS, the Intergovernmental Coordination Element of the Seminole County Comprehensive Plan provides for joint processes for collaborative planning and an interlocal agreement with the SCHOOL BOARD to coordinate comprehensive plan programs and to ensure consistency between these programs and school siting issues of multi-jurisdictional concern; and WHEREAS, the parties to this Agreement agree that public schools are cornerstones of effective neighborhood design and a focal point for development plans and improvements to a community; and 3 WHEREAS, it is beneficial to the public for the parties to this Agreement to work together in a spirit of harmony and cooperation as evidenced from the past; and WHEREAS, Chapter 235.193, Florida Statutes, requires the coordination of planning between school boards and local governments to ensure that the construction and opening of public educational facilities are facilitated and coordinated in time and place with plans for residential development; and WHEREAS, this Agreement is authorized pursuant to the provisions of Chapters 125, 163, 166, 230 and 235, Florida Statutes; the Seminole County Home Rule Charter; the Charters of the CITIES; and other applicable law. NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: SECTION 1 : RECITALS. The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. SECTION 2: PURPOSE OF AGREEMENT. This Agreement is intended to establish a formal coordination framework for joint processes for collaborative planning and decision making among the parties to this Agreement that will, at a minimum, address: (1) the location of new public schools; (2) review process for new public schools and expansion of existing public schools and facilities; (3) co-location of public facilities, such as parks, libraries, and community centers with schools to the greatest extent possible; (4) 4 data coordination for population projections and public school siting; (5) the location and extension of public facilities subject to concurrency; (6) siting of facilities with countywide significance, such as parks and recreational facilities, major roads, and water and sewer facilities, including locally unwanted land uses whose nature and identity are established in this Agreement; and (7) a system of conflict resolution over siting issues. SECTION 3: COLLABORATIVE PLANNING. (1) Location of New Elementarv. Middle and Hioh Schools. The COUNTY and the CITIES' Comprehensive Plans shall clearly identify within the text of the comprehensive plan the future land use designations where public schools are an allowable use. (2) Review Process for Public Elementarv, Middle and Hioh Schools. The SCHOOL BOARD shall provide local governments within the jurisdictional limits of Seminole County adequate review time as defined in Section 3(2)(a) for analysis and evaluation of new schools and/or improvements to existing schools. In an effort to ensure that public school projects have a high priority in Seminole County, the following provisions shall be applied to the review process for public school development and/or improvements: a) The COUNTY and CITIES shall make every effort to expedite the staff review and processing of public school applications for the purchase of new sites, construction of new schools, and improvements to an existing site. The COUNTY AND CITIES agree to provide a written response within 90 days to such public school construction and improvements 5 applications determining whether a proposed public educational facility is consistent with the local comprehensive plan and local land development regulations, as required by Chapter 235.193, Florida Statutes, upon receipt of a written request by the SCHOOL BOARD; provided that to make such a determination all information provided in the application is in accordance with the local jurisdictions land development code requirements, including a site plan showing all proposed facilities. The review of new site purchases shall not require a site plan and the written response shall be provided within 60 days. b) The COUNTY and the CITIES shall exempt the SCHOOL BOARD from the payment of planning and development application fees, including but not limited to, plan amendment fees, zoning and/or site plan fees, special exception fees, right-of-way utilization fees, permit fees, subdivision fees, and vacate fees, as may be required by jurisdictions in the development review process. The School Board shall be responsible for the payment of fees associated with advertising for public hearings. c) In the case of a proposed public school site being reviewed for approval as a special exception/conditional use, the appropriate COUNTY or CITY staff shall make every effort to resolve issues with the School Board prior to the required public hearing in an effort to expedite the review process. d) The COUNTY and CITIES shall accept a St Johns River Water Management District permit for a public school facility to find that drainage on site is sufficient; if off-site impacts are present, the appropriate 6 COUNTY or CITY staff shall review and place conditions on the application, if necessary, as provided for in the jurisdiction's land development regulations. e) In the event that a City or the County maintains the hydraulic and hydrological functions of stormwater facilities on School Board properties, the School Board shall construct said facilities in such a way that the facility can be maintained by the City or the County. f) The SCHOOL BOARD shall provide the CITIES and COUNTY Fire Departments, or their designees, a complete set of the architectural plans and specifications or certification of review and approval of same from a certified fire safety inspector no later than thirty (30) days prior to beginning construction or remodeling on any new or existing public school facility. This submittal shall be at no cost to the SCHOOL BOARD. The purpose of the submittal shall be to facilitate cooperation and a dialog between the SCHOOL BOARD and the CITIES and COUNTY to ensure the project is in compliance with applicable fire safety regulations in accordance with Florida Statutes, Chapters 235.192(1), 235.06(2)(b), 553.80(6), and 235.26(2) as effective July 1, 2001. g) The SCHOOL BOARD shall encourage local fire officials, or their designees, to participate in and assist the SCHOOL BOARD with plans review and inspection activities of new construction and additions to existing public school facilities. This assistance shall be provided at no cost to the SCHOOL BOARD. The purpose of this assistance and 7 participation shall be to facilitate cooperation and a dialog between the SCHOOL BOARD and the CITIES and COUNTY to ensure the new construction, additions, and renovations are in compliance with applicable fire safety regulations in accordance with Florida Statutes, Chapters 235.192(1), 235.06(2)(b), 553.80(6), and 235.26(2) as effective July 1, 2001. h) In accordance with Chapter 235.192, Florida Statutes, the SCHOOL BOARD shall provide each law enforcement agency and each fire department a copy of the summary floor plans and relevant documents for each educational facility by October 1 of each year if the floor plans for a school have changed during the previous one year period. The same information shall be submitted for newly constructed facilities within 30 days of completion. The relevant documents shall include, but not be limited to; plans showing the modifications made during the previous one year period, emergency contact numbers, internal emergency procedures, all access points, known hazards and other information needed to perform a pre-incident emergency planning procedure as determined by the law enforcement agency and fire department having jurisdiction over the educational facility, and the SCHOOL BOARD. i) A copy of item "h" shall be provided in a secured location on all school campuses, such as the school office, that is known to the administration and can be given to First Responders. 8 (3) Co-location of Public Facilities. Recognizing that public schools are an essential component in creating a sense of community, the School Board, the COUNTY, and the CITIES shall make every effort to co-locate schools and public facilities, such as parks, trails, libraries, and community centers. The COUNTY, the CITIES, and SCHOOL BOARD officials shall periodically evaluate the need to establish new or renew such existing cooperative agreements as may be beneficial to the public at large to jointly purchase, develop, maintain, or operate specific properties or facilities such as recreation facilities, libraries, community centers, playgrounds, and emergency shelters. All parties to this agreement are encouraged to expand the joint use of new and/or existing facilities where applicable. (4) Data Coordination and Population Proiections. All parties to this agreement shall continue to share data including population and school enrollment projections, planned public school site locations, facility timing, and other issues related to the capital planning of schools and support infrastructure, the location and extension of public facilities subject to concurrency, and other facility siting issues including locally unwanted land uses, which include, but are not limited to, such uses as heavy use industrial parks, landfills, hazardous waste facilities and adult entertainment establishments, alcoholic beverage establishments and sexually oriented businesses. The SCHOOL BOARD is encouraged to participate on the Metropolitan Planning Organization (MPO) Land Use Subcommittee and to coordinate and utilize data developed by the MPO land Use Subcommittee and the COUNTY and 9 CITIES comprehensive plans to the greatest extent possible. All parties shall also continue to clearly articulate generally accepted principles and guidelines for coordination of their respective comprehensive plans with the plans of the SCHOOL BOARD and other units of local government providing services but not having regulatory authority over the use of land, with adjacent municipalities, adjacent counties, the East Central Florida Regional Planning Council, and with the State Comprehensive Plan, as the case may require and as such adopted plans in preparation may exist. (5) Location and Extension of Public Facilities Subject to Concurrencv. To ensure the efficient use and reduced public costs of infrastructure and to eliminate duplication of service provision, all parties to this agreement will coordinate by means of data sharing, notification of affected jurisdictions, and opportunity for review and comment with the impacted jurisdictions the planning, location and extension of public facilities subject to concurrency, including, but not limited to, major roads, water and sewer facilities, fire stations, parks and libraries or other facilities and services subject to concurrency as applicable to each jurisdiction. (6) Sitina of Facilities with Countywide Sianificance. All parties to this agreement shall notify each affected or impacted party, as determined by sound planning principles, where the potential exists that a party may be affected or impacted by such facilities as set forth in this section. Such facilities may include, but not be limited to, facilities with countywide significance, such as schools, major roads, large commercial multi-use 10 developments, hospitals, major parks and recreational facilities, utilities and locally unwanted land uses. If determined by the jurisdiction where the facility is proposed to be located that the proposed facility will affect or impact an adjacent jurisdiction(s), all parties affected or impacted by the proposed facility shall coordinate its plans and programs to identify appropriate locations for the proposed facility and address impacts on services and facilities. (7) Conflict Resolution. Unless otherwise provided in a joint planning agreement, the parties shall engage in intergovernmental negotiation and communication, at management levels (i.e., between the County Manager, City Managers, School Superintendent), if any land use matter causes an intergovernmental dispute to arise. Subsequent to such management interaction, a party may invoke the provisions of the agreement entitled "Intergovernmental Agreement on Mediation and Intergovernmental Coordination", dated January 24, 1995, unless mediation is otherwise addressed in a joint planning agreement. SECTION 4. TERM/TERMINA TION. (a) The term of this Agreement shall be for a period of two (2) years, but shall be automatically renewed for successive one (1) year terms as to all participating parties unless a party notifies all other parties that it is opting out of this Agreement in accordance with Subsection (b), in which case the Agreement shall continue in effect as to the remaining participating parties. 11 (b) If any party wishes to terminate this Agreement as it applies to said party, notice of such termination shall be given to all other parties no less than thirty (30) days prior to the expiration date of a term. Termination as to that party shall be effective at the end of the then current term. SECTION 5. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. SECTION 6. EFFECTIVE DATE: PARTICIPATION. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers therein. This agreement shall become effective on the date that it is signed by the last of the COUNTY or the SCHOOL BOARD as shown by the dates of execution. This agreement shall become effective as to each CITY electing to participate upon the later of the date it is executed by the CITY or the effective date between the SCHOOL BOARD and the COUNTY. 12 ATTEST: Maryanne Morse, Clerk of Circuit Court Clerk to the Board of County Commissioners of Seminole County, Florida. As authorized for execution by the Board of County Commissioners in their , 2001, regular meeting. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. County Attorney Date: ATTEST: Thelma McPherson, City Clerk Donna Mcintosh, City Attorney ATTEST: Patsy Wainwright, City Clerk James A. Fowler, City Attorney BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: Dick Van Der Weide, Chairman Date: CITY OF CASSELBERRY By: Bruce Pronovost, Mayor Date: CITY OF AL TAMONTE SPRINGS By: Russel Hauck, Mayor Date: 13 ATTEST: Geraldine D. Zambri, City Clerk Richard S. Taylor, Jr., City Attorney ATTEST: Carol A. Foster, City Clerk Donna Mcintosh, City Attorney ATTEST: Barbara J. Barbour, City Clerk William L. Colbert, City Attorney ATTEST: Janet R. Dougherty, City Clerk William L. Colbert, City Attorney ATTEST: Andrea Lorenzo-Luaces, City Clerk Anthony Garganese, City Attorney CITY OF LONGWOOD By: Paul Lovestrand, Mayor Date: CITY OF LAKE MARY By: Thomas C. Greene, Mayor Date: CITY OF OVIEDO By: Mary Lou Andrews, Mayor Date: CITY OF SANFORD BY: Brady Lessard, Mayor Date: CITY OF WINTER SPRINGS By: Paul Partyka, Mayor Date: 14 ATTEST: SCHOOL BOARD OF SEMINOLE COUNTY Ned Julian, Jr., Esquire Director of Legal Services By: Sandra Robinson, Chairman By: Paul J. Hagerty, Superintendent Date: 1:\old_dp_voI2\cp\projects\special~pa\school board - new interlocal.doc 15