Loading...
HomeMy WebLinkAbout2002 10 14 Informational C Uniform Inter-Local Agreement for Public School Facility Planning COMMISSION AGENDA ITEM C CONSENT INFORMATIONAL X PUBLIC HEARING REGULAR October 14, 2002 Meeting MG~ IDEPT ff Authorization REQUEST: Community Development Department is advising the City Commission that the City of Winter Springs, the other cities of Seminole County, and Seminole County, are working with the Seminole County School District to enter into a uniform inter-local agreement for public school facility planning. PURPOSE: This year, the legislature enacted amendments to Chapter 163, Florida Statutes, requiring these inter-local agreements and imposing penalties on governments that do not comply. This agenda item is to inform the City Commission that, due to the recent legislation, the cities and the county have begun meeting with the school district to enact a uniform agreement that each city and the county can adopt with the school district. The state has mandated that May 1, 2003, is the deadline for Seminole County and its seven (7) cities. CONSIDERATION: The attached statutory language (Section 163.31777, F.S.) dictates the minimum requirements for the inter-local agreement. The attached model inter-local agreement was authored by the Florida Department of Community Affairs (DCA) and is alleged to go beyond these statutory requirements. At our meeting (cities, county, and school district), we were informed that each government entity must appoint a school district nominee to its Land Planning Agency (LP A). The statute does not, however, dictate when this must occur, whether or not the appointee must be made a voting member, or whether or not a city may require that the appointment reside within its corporate boundaries. These issues are outline to the City Attorney in the attached September 19, 2002, memo. Staff proposes to keep the City Commission apprised of the progress toward bringing a workable agreement to the Commission RECOMMENDATION: None required ATTACHMENTS: Attachment A - Section 163.31777 Attachment B - DCA Model Agreement Attachment C - Adoption Deadline Attachment D - September 19, 2002, Memo COMMISSION ACTION: P ART II ATTACHMENT A Page 31 of 8 I outlined in s. 163.3184(4) to the Office of Educational Facilities and SMART Schools Clearinghouse of the Commissioner of Education for review and comment. (5) Plan amendments to adopt a public educational facilities element are exempt from the provisions of s. 163.3187(1). History._s. 4, eh. 2002_296. I Note._Substituted by the editors for a reference to s. 235.185, the predecessor provision 10 S. 10 I 3.35. I 163.31777 Public schools interlocal agreement._ (I )(a) The county and municipalities located within the geographic area of a school district shall enter into an interlocal agreement with the district school board which jointly establishes the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated. The interlocal agreements shall be submitted to the state land planning agency and the Office of Educational Facilities and the SMART Schools Clearinghouse in accordance with a schedule published by the state land planning agency. (b) The schedule must establish staggered due dates for submission of interlocal agreements that are executed by both the local government and the district school board, commencing on March 1,2003, and concluding by December I, 2004, and must set the same date for all governmental entities within a school district. However, if the county where the school district is located contains more than 20 municipalities, the state land planning agency may establish staggered due dates for the submission of interlocal agreements by these municipalities. The schedule must begin with those areas where both the number of districtwide capital_outlay full_time _equivalent students equals 80 percent or more of the current year's school capacity and the projected 5 --year student growth is 1,000 or greater, or where the projected 5 year student growth rate is 10 percent or greater. (c) If the student population has declined over the 5 --year period preceding the due date for submittal of an interlocal agreement by the local government and the district school board, the local government and the district school board may petition the state land planning agency for a waiver of one or more requirements of subsection (2). The waiver must be granted if the procedures called for in subsection (2) are unnecessary because of the school district's declining school age population, considering the district's 5year facilities work program prepared pursuant to 2s. 1013.35. The state land planning agency may modify or revoke the waiver upon a finding that the conditions upon which the waiver was granted no longer exist. The district school board and local governments must submit an interlocal agreement within I year after notification by the state land planning agency that the conditions for a waiver no longer exist. (d) lnterlocal agreements between local governments and district school boards adopted pursuant to s. 163.3177 before the effective date of this section must be updated and executed pursuant to the requirements of this section, if necessary. Amendments to interlocal agreements adopted pursuant to this section must be submitted to the state land planning agency within 30 days after execution by the parties for review consistent with this section. Local governments and the district school board in each school district are encouraged to adopt a single interlocal agreement to which all join as parties. The state land planning agency shall assemble and make available model interlocal agreements meeting the requirements of this section and notify local governments and, jointly with the Department of Education, the district school boards of the requirements of this section, the dates for compliance, and the sanctions for noncompliance. The state land planning agency shall be available to informally review proposed interlocal agreements. lfthe state land planning agency has not received a proposed interlocal agreement for informal review, the state land planning agency shall, at least 60 days before the deadline for submission of the executed agreement, renotify the local government and the district school board of the upcoming deadline and the potential for s~n.c~i.Q~s. (2) At a minimum, the interlocal agreement must address the following issues: '~"""""""'> . . . . . '. . - . . ..". . '. -. '. ..... . . . (a) A process by which each local government and the district school board agree and base their plans on consistent hUp://www.dca.statc.fl.us/fdcp/DCP/statutcsrulcslcl!is/163.htm 9/18/2002 P ART II Page 32 of 8 I projections of the amount, type, and distribution of population growth and student enrollment. The geographic distribution of jurisdiction_wide growth forecasts is a major objective of the process. (b) A process to coordinate and share information relating to existing and planned public school facilities, including school renovations and closures, and local government plans for development and redevelopment. (c) Participation by affected local governments with the district school board in the process of evaluating potential school closures, significant renovations to existing schools, and new school site selection before land acquisition. Local governments shall advise the district school board as to the consistency of the proposed closure, renovation, or new site with the local comprehensive plan, including appropriate circumstances and criteria under which a district school board may request an amendment to the comprehensive plan for school siting. (d) A process for determining the need for and timing of onsite and offsite improvements to support new, proposed expansion, or redevelopment of existing schools. The process must address identification of the party or parties responsible for the improvements. (e) A process for the school board to inform the local government regarding school capacity. The capacity reporting must be consistent with laws and rules relating to measurement of school facility capacity and must also identify how the district school board will meet the public school demand based on the facilities work program adopted pursuant to 2s. 1013.35. (f) Participation of the local governments in the preparation of the annual update to the district school board's 5 year district facilities work program and educational plant survey prepared pursuant to 2s. 1013.35. (g) A process for determining where and how joint use of either school board or local government facilities can be shared for mutual benefit and efficiency. (h) A procedure for the resolution of disputes between the district school board and local governments, which may include the dispute resolution processes contained in chapters 164 and 186. (i) An oversight process, including an opportunity for public participation, for the implementation of the interlocal agreement. < A signatory to the interlocal agreement may elect not to include a provision meeting the requirements of paragraph (e); however, such a decision may be made only after a public hearing on such election, which may include the public hearing in which a district school board or a local government adopts the interlocal agreement. An interlocal agreement entered into pursuant to this section must be consistent with the adopted comprehensive plan and land development regulations of any local government that is a signatory. (3)(a) The Office of Educational Facilities and SMART Schools Clearinghouse shall submit any comments or concerns regarding the executed interlocal agreement to the state land planning agency within 30 days after receipt of the executed interlocal agreement. The state land planning agency shall review the executed interlocal agreement to determine whether it is consistent with the requirements of subsection (2), the adopted local government comprehensive plan, and other requirements of law. Within 60 days after receipt of an executed interlocal agreement, the state land planning agency shall publish a notice of intent in the Florida Administrative Weekly and shall post a copy of the notice on the agency's Internet site. The notice of intent must state whether the interlocal agreement is consistent or inconsistent with the requirements of subsection (2) and this subsection, as appropriate. hUp:! /www.dca.state.fl.us/fdcp/DCP/statutesruleslegis/163.htm 9/] 8/2002 P ART II Page330f81 (b) The state land planning agency's notice is subject to challenge under chapter 120; however, an affected person, as defined in s. 163.3184(1 )(a), has standing to initiate the administrative proceeding, and this proceeding is the sole means available to challenge the consistency of an interlocal agreement required by this section with the criteria contained in subsection (2) and this subsection. In order to have standing, each person must have submitted oral or written comments, recommendations, or objections to the local government or the school board before the adoption of the interlocal agreement by the school board and local government. The district school board and local governments are parties to any such proceeding. In this proceeding, when the state land planning agency finds the interlocal agreement to be consistent with the criteria in subsection (2) and this subsection, the interlocal agreement shall be determined to be consistent with subsection (2) and this subsection if the local government's and school board's determination of consistency is fairly debatable. When the state planning agency finds the interlocal agreement to be inconsistent with the requirements of subsection (2) and this subsection, the local government's and school board's determination of consistency shall be sustained unless it is shown by a preponderance of the evidence that the interlocal agreement is inconsistent. (c) If the state land planning agency enters a final order that finds that the interlocal agreement is inconsistent with the requirements of subsection (2) or this subsection, it shall forward it to the Administration Commission, which may impose sanctions against the local government pursuant to s. 163 .3184( 11) and may impose sanctions against the district school board by directing the Department of Education to withhold from the district school board an equivalent amount of funds for school construction available pursuant to ss. 31013.65,41013.68, 51013.70, and 61013.72. (4) If an executed interlocal agreement is not timely submitted to the state land planning agency for review, the state land planning agency shall, within 15 working days after the deadline for submittal, issue to the local government and the district school board a Notice to Show Cause why sanctions should not be imposed for failure to submit an executed interlocal agreement by the deadline established by the agency. The agency shall forward the notice and the responses to the Administration Commission, which may enter a final order citing the failure to comply and imposing sanctions against the local government and district school board by directing the appropriate agencies to withhold at least 5 percent of state funds pursuant to s. 163 .3184( 11) and by directing the Department of Education to withhold from the district school board at least 5 percent of funds for school construction available pursuant to ss. 31013.65, 41013.68,51013.70, and 61013.72. (5) Any local government transmitting a public school element to implement school concurrency pursuant to the requirements of s. 163.3180 before the effective date of this section is not required to amend the element or any interlocal agreement to conform with the provisions of this section if the element is adopted prior to or within I year after the effective date of this section and remains in effect. (6) Except as provided in subsection (7), municipalities having no established need for a new school facility and meeting the following criteria are exempt from the requirements of subsections (1), (2), and (3): (a) The municipality has no public schools located within its boundaries. (b) The district school board's 5year facilities work program and the long_term 10year and 20year work programs, as provided in 2s. 1013.35, demonstrate that no new school facility is needed in the municipality. In addition, the district school board must verify in writing that no new school facility will be needed in the municipality within the 5 year and 10 year timeframes. (7) At the time of the evaluation and appraisal report, each exempt municipality shall assess the extent to which it continues to meet the criteria for exemption under subsection (6). If the municipality continues to meet these criteria and the district school board verifies in writing that no new school facilities will be needed within the 5year and 10year timeframes, the municipality shall continue to be exempt from the interlocal_agreement requirement. Each municipality exempt under subsection (6) must comply with the provisions of this section within 1 year after the http://www.dca.state.n.us/fdcp/DCP/statutesruleslegis/163.htm 9/I 8/2002 SEP-18-2002 13:25 SEr'11 r-IOLE COUt'lTY 407 55557385 P.02 ATTACHMENT B MODELINTERLOCALAGREEMENTFOR PUBLIC SCHOOL FACILITY PLANNING This model agreement is intended to suggest items alUi issues for inclusion in actual iruerloca/ agreements and is designed to meet the requirements o/Sections 163.31777 and 235.193, Florida Sratutes. II is not likely that every suggested provision will be appropriate for every county. and each provision should be tailored for the situation in each counTy. This agreement is entered inco between the County Commission (hereinafter referred to as "County"). the City Commission or City Council of the Cities of (hereinafter referred to as "Cities"), and the School Board of County (hereinafter referred to as "School Board"). WHEREAS. the County, Cities and the School Board recognize their mutual obligation and responsibility for the education, nurture and general well-being of the children within their community; and WHEREAS. the County, Cities. and School Board recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination of new schools in time and place with land development. (2) greater efficiency for the school board and locaJ governments by placing schools to take advantage of existing and planned roads. water. sewer, and parks. (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the focal governments, (4) better defined urban form by locating and designing schools to serve as community focal points, (5) greater efficiency and convenience by collocating schools with parks, ball fields. libraries. and other community facilities to take advantage of joint use opportunities, and (6) reduction of pressures contributing to urban sprawl and support of existing neighborhood.. by appropriately locating new schools and expanding and renovating existing schools; and WHEREAS. Section 235.193. Florida Statutes. requires that the location of public educational facilities must be consistent with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and WHEREAS. Sections 163.3177(6)(h)1 and 2, Florida Statutes. require each local government to adopt an intergovernmental coordination element as part of their comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensi ve plan with the plans of the school boards, and describes the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Sections 163.31777 and 235.193, Florida Statutes, further require each county and the non-exempt municipalities within that county to enter into an interlocal agreement with the SEP-18-2002 13:26 SEM I NelLE COUNTY 407 66557385 P.03 ,. disrrict school board to establish jointly the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated; and WHEREAS, the School Board, the County, and the Cities enter into this agreement in fulfillment of that statutory requirement and in recognition of the benefits accruing to their citizens and students described above. NOW THEREFORE, be it mmually agreed between the School Board. the Board of County Commissioners of County and the City Commissions of that the following procedures will be followed in coordinating land use and public school fa~ilities planning: . Section 1. Joint Meetings 1.1 A staff working group of the County, School Board, and Cities will meet on Cl basis [quanerly, semi-annually or other basis] to discuss issues and fonnulate recommendations regarding coordination of land use and school facilities planning, including such issues as population and student projections, development trends. school needs, co-location and joint use opportunities, and ancillary infrastructure improvements needed to support the school and ensure safe student access. Representatives from the Regional Planning Council will also be invited to attend. [The agreement should establish the parry or partie!!', such as the County Planning Director or School Board Superintendent, responsible for making meeting arrallgemen/s and providing notification.] 1.2 One or mOre representatives of the County Commission, the governing body of each City, and the School Board will meet [semi-annually, annually or other] in joint workshop sessions. A representative of the Regional Planning Council wiIJ also be invited to attend. The joint workshop sessions will be opportunities for the County Commission, the City Commissions or Councils, and the School Board to hear repons, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off-site improvements, and joint use opportunities. [The agreement should establish the parry or panies, such as the County Manager or School Board Superintendent. re.~ponsihle for making meeting arrangements and providing notification.] Section 2. Student Enrollment and Population Proiections 2.1 In fulfillment of their respective planning duties, the County, Cities, and School Board agree to coordinate and base their plans upon consistent projections of the amount, type. and distribution population growth and student enrollment. Countywide five-yenT population and student enrollment projections shall be revised annually and provided at the first staff working group meeting described at subsection 1.1. 2.2 The School Board shall utilize student population projections based on information produced by the demographic, revenue, and education estimating conferences pursuant to Section 216.136. Florida Starutes. where avaiiable, as modified by the School Board based on development data and agreement with the local governments and the Office of Educational Facilities and SMART Schools Clearinghouse. The School Board may request adjustment to the estimating conferences' projections to reflect actual enrollment and developmenr trends. In formulating such a request the SEP-18-2002 13:27 ';Er'l I I'JiJLE OJUt'JTY ,j07 e,5S'5.7385 P. 04 school board wiH coordinate with the Cities and County regarding development trends and future population projections. 2.3 The School Board, working with the County and Cities, will use [he information described in Section 3.3 to allocate projected student enrollment into sub-county planning sectors so that the district-wide projections are not exceeded. The planning sectors will be established by mutual consent of the school board and local government staff. The allocation of projected student enrollment will be determined at the first staff meeting described in subsection 1.1. Section 3. Coordinating and Sharing of Infonnation 3.1 Tentative District Educational Facilities Plan: On of each year, the School Board shaH submit to the County and each City the tentative disUict educational facilities plan prior to adoption by the Board. The plan will be consistent with the requirements of Section 235.185, Florida Statutes, and include projected student populations apportioned geographically, an inventory of existing school facilities, projections of facility space needs, infonnation on relocatables, general locations of new schools for the 5-, 10-, and 20-year time periods, and options to reduce the need for additional permanent student stations. The plan will also include a financially feasible district facilities work program for a 5-year period. The Cities and County shall review the plan and comment to the School Board within _ days on the consistency of the plan with the local comprehensive plan, whether a comprehensive plan amendment will be necessary for any proposed educational facility, and whether the local government supports ~ necessary comprehensi ve plan amendment. If the local government does not support a comprehensive plan amendment, the matter shall be resolved pursuant to Section 8 of this agreement. 3.2 Educational Plant Survey: At least one year prior to preparation of the Educational Plant Survey update, the staff working group established in subsection 1.1 will assist the School Board in an advisory capacity in the preparation of the update. The Educational Plant Survey shall be consistent with the requirements of Section 235.15, Florida Statutes, and include at least an inventory of existing educational facilities, recommendations for new and existing facilities, and the general location of each in coordination with the land use plan. The staff working group will evaluate and make recommendations regarding the location and need for new, or significant renovation and expansion of existing educational facilities with the local government comprehensive plan, and relevant issues listed at subsections 4.3, 6.6, 6.1, and 7.1 of this agreement. 3.3 Growth and Development Trends: On of each year, local governments wiJI provide the school board with a report on growth and development trends within their jurisdiction. This report will be in tabular, graphic, and textual formats and will include the following: (a) the type, number, and location of residential units which have recei ved zoning approval or site plan approval; (b) infonnation regarding future land use map amendments which may have an impact on school facilities; (c) building permits issued for the preceding year and their location; ~cr-lo-2082 13:27 SEf11 t'~OLE COUNTY 407 65557385 P.05 (d) infOrmation regarding the conversion or redevelopment of housing or other structures into residential units which are likely to generate new students; and (e) the identification of any development orders issued which contain a requirement for the provision of a school site as a condition of development approval. Section 4. School Site Selection. Sienificant Renovations, and Potential School Closures 4.1 The School Board will establish a Public Schools Advisory Committee for the purpose of reviewing potential sites for new schools and proposals for significant renovation and potential closure of existing schools. Based on infonnation gathered during the review. the Committee will submit recommendations to the Superintendent or designee. The Public Schools Advisory Committee will be a standing committee and will meet on an us needed basis. In addition to appropriate members of the School Board, the Committee will include at least one staff member of the County and a representative from each of the Cities [alternatively, within counties where the number of cities would make the size of such a committee unwieldy, the agreement could specify how one or more city representatives would be selected to represent city interests on the standing committee and membership could then be expanded on an as needed /0 include additional staff from any ciry in or near where a school is proposed. J 4.2 When the need for a new school is identified in the district educational facilities plan, the Public Schools Advisory Committee will develop a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified in the district educational facilities plan for significant renovation and potential closure will be submitted to the local government with jurisdiction for an informal assessment regarding consistency with the local govemment comprehensive plan, including, as applicable: environmental suitability, transponation and pedestrian access. availability of infrastructure and services, safety concerns, land use compatibiJity, consistency with community vision, and other relevant issues. In addition, the issues identified in subsection 4.3 of this agreement will be considered by both the local government and Public Schools Advisory Committee as each site or school is evaluated. Based on the information gathered during this review, for new schools the Committee will make a recommendation to the Superintendent or designee of one or more sites in order of preference. For significant renovations and potential closures, the Committee will make appropriate recommendations. 4.3 The following issues will be considered by the Public Schools Advisory Committee. the School Board, and the Local Governments when evaluating new school siles and significant renovations and potential closure of existing schools: (a) The location of schools proximate to urban residential development and contiguous to existing school sites, and which provide logical focal points for community activities and serve as the cornerstone for innovative urban design, including opportunities for shared use and collocation with other community faCilities; (b) The location of elementary schools proximate to and within walking distance of the residential neighborhoods served: (c) The location of high schools on the periphery of residential neighborhoods, with access to major roads; SEP-18-2002 13:28 SEr'11 t'~DLE C(!Ut--H'y' 407 66557385 P.05 (e) Compatibility of the school site with present and projected lIses of adjacent property; (f) Whether existing schools can be expanded or renovated to support community redevelopment and revitahzation, efficienr use of existing infra'itructure. and the discouragement of urban sprawl; (g) Site a(;quisition and development costs: (h) Safe access to and from the school site by pedestrians and vehicles; (i) Existing or planned availability of adequate public facilities and services to support the school; (j) Environmental constraints that would either preclude Or render cost infeasible the development or significant renovation of a public school on the site; (k) Adverse impacts on archaeological or historic sites listed in the National Register of Historic Places or designated by the affected local government as a locally significant historic or archaeological resource; (1) The site is well drained and the soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements; (m) The proposed location is not in conflict with the local government comprehensive plan, storrnwater management plans, or watershed management plans; (n) The proposed location is not within a velocity flood zone or f100dway, as delineated in the applicable comprehensive plan; (0) The proposed site can accommodate the required parking, circulation and queuing of vehicles; (p) The proposed location lies outside the area regulated by Section 333.03, F.S., regarding the construction of public educational facilities in the vicinity of an airport. 4.4 At least 60 days prior to acquiring or leasing property that may be used for a new public educational facility, the School Board shall provide written notice to the local government with jurisdiction over the use of the land. The local government, upon receipt of this notice, shall notify the School Board within 4S days if the proposed new school site is consistent with the land use categories and policies of the local government's comprehensive plan. This preliminary notice does not constitute the local government's determination of consistency pursuant to section 235.193{ 12), Rorida Statutes. Section 5. Supoorting Infrastructure 5.1 In conjunction with the preliminary consistency detennination described at subsection 4.4 of this agreement, the school board and affected local governments will jointly determine the need for and timing of on-site and off-site improvements necessary to support each new school or the proposed significant renovation of an existing school, and will enter into a written agreement as SEP-18-2002 13:28 SEf'l I I~OLE COUNTY 407 66557385 P.07 to the timing, location, and the party or parties responsible for constructing, operating and maintaining the required improvements. Section 6. Local Planning Agency. Comprehensive Plan Amendments. Rezonings. and Development Approvals 6.1 The County and Cities will include a nonvoting representative appointed by the School Board on the local planning agencies, or equivalent agencies, to attend those meetings at which the agencies consider comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The Cities and County may at their discretion grant voting status to the school board member. 6.2 The School Board will appoint a representative to serve on the County's staff development review committee, or equivalent body. In addition, the School Board representative will be invited to participate in the Cities' staff development review committees, or equivalent body. when development and redevelopment proposals are proposed which could have a significant impact on student enrollment or school facilities. 6.3 The County and the Cities agree to give the School Board notification of land use applications and development proposals pending before them that may affect student ellToJJment, enrollment projections, or school facilities. Such notice will be provided at least days prior to approval of the application. This notice requirement applies to amendments to the comprehensive plan future land use map, rezonings, developments of regional impact, and other major residential or mixed-use development projects. 6.4 Within _ days after notification by the local government, the School Board will advise the local government of the school enrollment impacts anticipated to result from the proposed land use application or development proposal, and whether sufficient capacity exists or is planned to accommodate the impacts. School capacity will be reported consistent with State Requirements for Educational Facilities. 6.5 If sufficient capacity is not available or planned to serve the development at the time of impact, the School Board will specify how it proposes to meet the anticipated student enroJlment demand; alternatively. the School Board, local government, and developer will collaborate to find means to ensure sufficient capacity will exist to accommodate the development, such as, developer contributions. project phasing, or developer provided facility improvements. 6.6 In reviewing and approving comprehensive plan amendments. rezonings, and development proposals, the county and cities will consider the following issues: (a) School Board comments; (b) Available school capacity or planned improvements to increase school capacity; (c) The provision of school sires and facilities within planned neighborhoods; (d) Compatibility of land uses adjacent to existing schools and reserved school sites: (e) The collocation of parks, recreation and neighborhood facilities wirh school sites; SEP-18-2002 13:29 '::;EP111-jI]LE C'OUtlT'r' 407 55557385 P.08 (0 The linkage of schools, parks, libraries and other public facilities with bikeways, tmils, and sidewalks for safe access; (g) Traffic circulation plans which serve schools and the surrounding neighborhood; (h) The provision of off-site signalization, signage, access improvements, and sidewalks to serve schools; and (i) The inclusion of school bus stops and turnarounds. 6.7 In fonnulating community development plans and programs, the County and Cities will consider the following issues: (a) Giving priority to scheduling capital improvements that are coordinated with and meet the capital needs identified in the School Board district educational facilities plan; (b) Providing incentives to the private sector to identify and implement creative solutions to developing adequate school facilities in residential developments; (c) Targeting community development improvements in older and distressed neighborhoods near schools; and (d) Working to address and resolve multi-jurisdictional public school issues. Section 7. Collocation and Shared Use 7.1 Collocation and shared use of facilities are important to both the School Board and local governments. The School Board will look for opportunities to collocate and share use of school facilities and civic facilities when preparing the District Educational Facilities Plan. Likewise, collocation and shared use opportunities will be considered by the local governments when preparing the annual update to the comprehensive plan's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for collocation and shared use with public schools will be considered for libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums. performing arts centers, and stadiums. In addition, collocation and shared use of school and governmental facilities for health care and social services wi II be considered. 7.2 A separate agreement wiIl be developed for each instance of collocation and shared use which addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from collocation and shared use. Section 8. Resolution of Disputes 8.1 If the parties to this agreement are unable to resolve any issue in which they may be in disagreement covered in this agreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapter 164 or 186, Florida Statutes. Section 9. Oversight Process 9.1 The School Board, the County and each City shall appoint a citizen member to serve on an oversight committee to monitor implementation of the interlocal agreement. Comminee SEP-18-2002 13:29 SEMINOLE CCiUNTY 407 66557385 P.09 members shaH be invited to attend all meetings referenced in Sections 1 and 4 and shall recei"e copies of all reports and documents produced pursuant to this interlocaJ agreement. The eommittee shall appoint a chairperson. meet at least annually, and report to participating local governments, the School Board and the general public on the effectiveness wirh which the interlocal agreement is being implemented. Note: Local government... and schools boards may wish to consider adding the fol/owing optional provisions to address the site plan review process: Section _ Site Plan Review _.1 As early in the design phase of the site plan asfeasible. bur at least 90 days before commencing construction, the School Board will request afonnal consistency detenninarion from lhe local government with jurisdiction over the use of land. The local government will determine in writing within 45 days after receiving a request and the necessary inlonna/ion from the School Board whether a proposed public educational facility is consistent with the local comprehensive plan and land development regulations. _.2 If a scJwal site is consistent with the future land use policies and land use categories thm allow... public schools. the local government may not deny the site plan application bllt may impose reasonable development standards and conditions in accordance with section 235.34( 1 ), F. S. The local government may consider the adequacy of the site plan as it relates to environmental concerns, health. safety and welfare. and effects an adjacent property. (s. 235.193( J 3), F. S.) [This agreement should identify the issues the local government will consider for evaluating the adequacy of the site plan and the development standards and conditions rhat will be imposed by the local government, such as comprehensive plan policies related to land use. site location. compatibility, an-site and offsite infrastructure improvements pursuant to section 5 of thu agreement, zoning regulations. environmental requirements, and roadway access standards.] IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of County, the Cities of . and the School Board of on this day of . 200_. ATTEST: Chairman. School Board ChailUlan, Board of County Commissioners ::.!:.f-'-ll::h,J,:Jljd 1 j; ':>1:..1 '::HliNCiLE COUNTY 4D? 56557385 P.18 Mayor. City of Mayor. City of Mayor. City of I:\pd\projects\i ntergovem me nt\state\mode I interlocal agreement for school.doc " ....oJ'~, , , ATTACHMENT C COUNTY/MUNICIPALITY DUE DATE COUNTY/MUNICIPALITY DUE DATE INDIAN SHORES 5/1/2003 ST. JOHNS COUNTY 1/1/2004 KENNETH CITY 5/1/2003 HASTINGS 1/1/2004 LARGO 5/1/2003 ST. AUGUSTINE 1/1/2004 MADEIRA BEACH 5/1/2003 ST. AUGUSTINE BEACH 1/1/2004 NORTH REDINGTON BEACH 5/1/2003 OLDSMAR 5/1/2003 ST. ~IE COUNTY 5/1/2004 PINElLAS PARK 5/1/2003 FORT PIERCE 5/1/2004 REDINGTON BEACH 5/1/2003 PORT ST. LUCIE 5/1/2004 REDINGTON SHORES 5/1/2003 ST. LUCIE VILLAGE 5/1/2004 SAFETY HARBOR 5/1/2003 SEMINOLE CITY 5/1/2003 SUMTER COUNTY 7/1/2004 SOUTH PASADENA 5/1/2003 BUSHNELL 7/1/2004 ST. PETERSBURG 5/1/2003 CENTER HILL 7/1/2004 ST. PETERSBURG BEACH 5/1/2003 COLEMAN 7/1/2004 TARPON SPRINGS 5/1/2003 WEBSTER 7/1/2004 TREASURE ISLAND 5/1/2003 WILDWOOD 7/1/2004 POLK COUNTY 2/1/2004 SUWANNEE COUNTY 5/1/2004 AUBURNDALE 2/1/2004 BRAN FORD 5/1/2004 BARTOW 2/1/2004 LIVE OAK 5/1/2004 DAVENPORT 2/1/2004 DUNDEE 2/1/2004 TAYLOR COUNTY 10/1/2004 EAGLE LAKE 2/1/2004 PERRY 10/1/2004 FORT MEADE 2/1/2004 UNION COUNTY 9/1/2004 FROSTPROOF 2/1/2004 LAKE BUTLER 9/1/2004 HAINES CITY 2/1/2004 RAIFORD 9/1/2004 HIGHLAND PARK 2/1/2004 WORTHINGTON SPRINGS 9/1/2004 HILLCREST HEIGHTS 2/1/2004 LAKE ALFRED 2/1/2004 VOLUSIA COUNTY 4/1/2003 LAKE HAMIL TON 2/1/2004 DAYTONA BEACH 4/1/2003 LAKE WALES 2/1/2004 DAYTONA BEACH SHORES 4/1/2003 LAKELAND 2/1/2004 DEBARY 4/1/2003 MULBERRY 2/1/2004 DELAND 4/1/2003 POLK CITY 2/1/2004 DEL TONA 4/1/2003 WINTER HAVEN 2/1/2004 EDGEWA TER 4/1/2003 HOLLY HILL 4/1/2003 PUTNAM COUNTY 10/1/2004 LAKE HELEN 4/1/2003 CRESCENT CITY 10/1/2004 NEW SMYRNA BEACH 4/1/2003 INTERLACHEN 10/1/2004 OAK HILL -4/1/2003 PALATKA 10/1/2004 ORANGE CITY 4/1/2003 POMONA PARK 10/1/2004 ORMOND BEACH 4/1/2003 WELAKA 10/1/2004 PIERSON 4/1/2003 PONCE INLET 4/1/2003 SANTA ROSA COUNTY 1/1/2004 PORT ORANGE 4/1/2003 GULF BREEZE 1/1/2004 SOUTH DAYTONA 4/1/2003 JAY 1/1/2004 MIL TON 1/1/2004 WAKULLA COUNTY 1/1/2004 SOPCHOPPY 1/1/2004 SARASOTA COUNTY 9/1/2003 ST. MARKS 1/1/2004 LONGBOAT KEY 9/1/2003 NORTH PORT 9/1/2003 WAL TON COUNTY 11/1/2003 DEFUNIAK SPRINGS 11/1/2003 SARASOTA CITY 9/1/2003 FREEPORT 11/1/2003 VENICE 9/1/2003 PAXTON 11/1/2003 SEMINOLE COUNTY 5/1/2003 WASHINGTON COUNTY 2/1/2004 ALTAMONTE SPRINGS 5/1/2003 CARYVILLE 2/1/2004 CASSELBERRY 5/1/2003 CHIPLEY 2/1/2004 LAKE MARY 5/1/2003 EBRO 2/1/2004 LONGWOOD 5/1/2003 VERNON 2/1/2004 OVIEDO 5/1/2003 WAUSAU 2/1/2004 SANFORD 5/1/2003 WINTER SPRINGS 5/1/2003 ATTACHMENTD MEMORANDUM TO: Anthony A. Garganese, Esq. FROM: ,'-, /) John C. Baker, AICP je ~y tA ./ Kip Lockcuff, PE fIr I THRU: DATE: September 19, 2002 RE: Chapter 163, FS, Amendments and DCA's draft Interlocal Agreement Enclosed are copies of the amended Section 163.31777, FS, the Department of Community Affairs draft inter-local agreement, and the schedule for Seminole County and the City to enter into such agreement (or suffer sanctions from the state). The cities, the county, and the school board are conducting joint meetings to meet the statutory requirements. I am told that although the City must appoint a school board representative to the LP A, that there is no requirement stating when this must occur, that the appointment be a voting member or at least an alternate, or that the City not restrict this appointment to a City resident. Concerns have arisen as to whether or not that appointment must be present for the LP A to act on projects addressed in this legislation (at least if an objector were to arrive and press the issue). Your timely review and comments are greatly appreciated. I am proposing an informational item for the October 12, 2002, City Commission agenda and your input would be very valuable.