HomeMy WebLinkAboutReso 2007-1192
RESOLUTION NO. 2007- \ I q 2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AMENDED
AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE
SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AND
THE CITY OF SUNNY ISLES BEACH RELATING TO PUBLIC
SCHOOL FACILITY PLANNING, IN SUBST ANTIALL Y THE
SAME FORM ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY ATTORNEY AND
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THE TERMS OF THIS AGREEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2003 the School Board and the City entered into an Interlocal Agreement
to ensure that plans for residential development are coordinated with the construction of new
schools; and
WHEREAS, Section 163.01, Florida Statutes, adopted in 2005, requires all school
Interlocal agreements be updated (from 2003) to reflect the new statutory mandate to implement
public school concurrency; and
WHEREAS, this requirement addresses the need for the City and the School Board to
adopt the necessary comprehensive plan amendments to establish public school concurrency; and
WHEREAS, the City Commission finds that entering into this Amended and Restated
Interlocal Agreement with the School Board is in the best interest of the City and is a necessary
step in a myriad of procedural actions required to successfully construct the desired public
school.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Amended and Restated Interlocal Agreement with
the School Board of Miami-Dade County, Florida, to reflect the new statutory mandate to
implement public school concurrency, attached hereto as Exhibit "A", be and the same, is hereby
approved.
Section 2. Authorization of Mayor. The Mayor IS hereby authorized to execute said
Amended and Restated Interlocal Agreement.
Approving Amended lnterlocal Agmt With School Board Page I of 2
Section 3. Authorization of the City Attorney and the City Manager. The City Attorney and
the City Manager are hereby authorized to do all things necessary to effectuate the terms of this
Agreement.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 13th day of December 2007.
AT,TEfST:
'~~ty~
: ,Jane A. Hines, CMC, City Clerk
Moved by \/'14 Yi\~"lHl'\'LttC.
Seconded by: C ()~ Goo~m~
Vote: S-C)
Mayor Edelcup
Vice Lewis Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
-lL.-(Yes)
-LL-(Yes)
-1L(Y es)
~(Yes)
~(Yes)
_(No)
(No)
_(No)
_(No)
(No)
Approving Amended Interlocal Agnll With School Board Page 2 or 2
AMENDED AND RESTATE01
INTERLOCAL AGREEMENT
FOR
PUBLIC SCHOOL FACILITY PLANNING
IN MIAMI-DADE COUNTY
This Amended and Restated Aagreement is entered into between Miami-Dade
County, a political subdivision of the State of Florida (hereinafter referred to as
"County"), the Municipalities Citios of City of Aventura, Town of Bay Harbor
Islands, City of Coral Gables, Town of Cutler Bay, City of Dora!. Village of EI
Portal, City of Florida City, City of Hialeah, City of Hialeah Gardens, City of
Homestead, Villago of Indian Crook, Village of Key Biscayne, City of Miami, City
of Miami Beach, Town of Miami Lakes, Village of Miami Shores, City of Miami
Springs, City of North Bay Village, City of North Miami, City of North Miami
Beach, City of Miami Gardens, City of Opa-Locka, Village of Palmetto Bay,
Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of
Sweetwater, and the City of West Miami (hereinafter collectively referred to as
"Cities"), and The School Board of Miami-Dade County, Florida, a political
subdivision of the State of Florida (hereinafter referred to as "School Board").
RECITALS
WHEREAS, the County, Cities and the School Board recognize their mutual
obligation and responsibility for the education, nurturing and general well-being of
the children within their respective communities; and,
WHEREAS, the School Board has the statutory and constitutional responsibilitv
to provide a uniform system of free and adequate public schools on a countywide
basis; 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
1 The base document includes the Agreement, 1 sl Supplemental Agreement, and 2nd
Supplemental Agreement, all originally adopted in 2003, combined into one restated interlocal
agreement. Strikethrough and Underline shows changes for the 2007 Amendment to the
Agreement.
land development, (2) greater efficiency for the school board and local
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 local governments, (4) better defined
urban form by locating and designing schools to serve as community focal points,
(5) greater efficiency and convenience by co-locating schools with parks, ball
fields, libraries, and other community facilities to take advantage of joint use
opportunities, (6) reduction of pressures contributing to urban sprawl and support
of existing neighborhoods by appropriately locating new schools and expanding
and renovating existing schools, and (7) improving the quality of education in
existing, renovated and proposed schools; and,
WHEREAS, Section 1013.33, 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. the County has iurisdiction over land use and arowth manaaement
decisions within its unincorporated boundaries, includina the authority to approve
or deny comprehensive plan amendments and rezoninas. or other development
orders that aenerate students and impact the school system. and the Cities have
similar iurisdiction within their boundaries; 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 comprehensive 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 1013.33, Florida Statutes, further require
each county and the non-exempt municipalities within that county to enter into an
interlocal agreement with the district 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 2005 Florida Leaislature adopted Chapter 2005-98. Laws of
Florida. codified at Sections 163.31777. 163.3180(13) and 1013.33. Florida
Statutes. which. in relevant part. required that all school interlocal aareements be
updated to reflect a new statutory mandate to implement public school
concurrency; and
WHEREAS. the School Board. County and Cities have further determined that it
is necessary and appropriate to cooperate with each other to coordinate the
approval of residential development with the provision of adequate public school
facilities in a timely manner and at appropriate locations. to eliminate any deficit
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of capacity and provide capacity for proiected new qrowth. as further specified
herein; and
WHEREAS. the County and Cities are enterinq into this Amended and Restated
Aqreement in reliance on the School Board's obligation to prepare, adopt and
implement a financially feasible capital facilities proqram that will result in public
schools operatinq at the adopted Level of Service Standard consistent with the
timinq specified in the School Board's adopted five-year district educational
facilities plan (hereinafter referred to as the "District Facilities Work Proqram");
and
WHEREAS. the School Board has further committed to update and adopt the
District Facilities Work Proqram yearly to add enough capacity in the new fifth
year to address proiected. qrowth and to adiust the District Facilities Work
Program in order to maintain the adopted Level of Service Standard and to
demonstrate that the utilization of school capacity is maximized to the qreatest
extent possible pursuant to Sections 163.3180(13)(d)2 and 1013.35. Florida
Statutes; and
WHEREAS, Q8y entering into this Amended and Restated Aagreement, the
School Board, County, and the Cities are fulfilling their statutory obligations and
requirements recognizing the benefits that will accrue to their citizens and
students described above.:.f
AGREEMENT
NOW THEREFORE, be it mutually agreed between the School Board, the
County and the Cities that the following procedures will be followed in
coordinating land use and public school facilities planning:
Section 1. Joint Meetings
1.1 Staff Workinq Group: A Staff Working Group comprised of the
County Mayor/Manager and/or designee, School Board Superintendent
and/or designee, and City Mayor/Manager and/or their designees will
meet at least on a semi-annual basis to discuss issues and formulate
recommendations regarding public education in the School District, and
coordination of land use and school facilities planning, including such
issues as population and student projections, development trends, a work
program for five~, ten-11Ql and twenty~ year intervals and its
relationship to the local government comprehensive plans, particularly as
it relates to identification of potential school sites in the comprehensive
plan's future land use map series, school needs (school capacity and
school funding), the implementation of public school concurrency.
collocation and joint use opportunities, and ancillary infrastructure
improvements needed to support the school and ensure safe student
access. Representatives from the South Florida Regional Planning
3
Council, the Latin Builders Association and the Builders Association of
South Florida will also be invited to attend and participate. The initial
ffiMeeting~ of the working group shall be held 'Nithin 60 days of the date of
execution of the interlocal agreement, upon at least thirty (30} days written
advance notice, and shall be coordinated by the School Board
Superintendent, or designee, provided however, that the School Board
staff shall use its best efforts to schedule tho initial moeting to occur in a
timely manner to provide meaningful participation by local governments in
the School Board's 2003 04 planning process. The Staff Workinq Group
shall meet no later than March 31 each year to address student enrollment
proiections, and by April 30 and October 31 of each year to address the
public school concurrency manaqement system, and any proposed
amendments to the school-related comprehensive plan provisions. The
April 30 deadline shall apply where chanqes are proposed for the County's
first comprehensive plan amendment cycle of the followinq year, and the
October 31 deadline shall apply for chanqes proposed in the second cycle
of the followinq year.
1.2 Elected Officials Forum: The School Board Superintendent and/or
designee shall coordinate an bi annual joint workshop sessions at least
annually and invite one or more representatives of the County
Commission or their designee(s), the governing body of each City or their
designee(s), and the School Board or their designee(s). A representative
of the South Florida Regional Planning Council will also be invited to
attend. The School Board shall provide the meeting invitations with at
least thirty {30} days advance written notice of such meeting to the person
designated as a contact in this Amended and Restated Agreement. +Ae
initial joint workshop session shall bo held within six (6) months of the date
of the execution of the Interlocal Agreement by all parties, but no later
than March 1, 2004 to present, discuss, consider and negotiate
modifications or amendments to the ,A.greement; provided hovv'evor, that
any such modifications and amendments shall be consistent '.vith the
statutes governing the ,A.groomont. Modifications and amendments shall
be considered by each party to this Amended and Restated Agreement in
accordance with Section 1-4-5, and may be discussed at the ioint
workshop sessions. The joint workshop sessions provide opportunities for
the County Commission, the City Commissions or Councils, and the
School Board to hear reports, discuss policy, set direction, and reach
understandings concerning issues of mutual concern regarding public
education, and coordination of land use and school facilities planning,
including population and student growth, development trends, school
needs, off-site improvements, public school concurrency, school capacity,
'school funding, options to reduce the need for additional permanent
student stations, and joint use opportunities.
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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 their plans upon consistent
projections of the amount, type, and distribution of population growth and
student enrollment. Countywide five @-year population projections shall
be updated at least once every two {gLyears by the County. The School
Board may enter into a separate agreement with the County for the
preparation of student enrollment projections. Updated County and
School District data shall be provided at least once every two i2l years for
review at the 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 Statutes,
where available, 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 development trends using the COHORT
Proiection Waiver available on the Florida Department of Education
website. In formulating such a request, the School Board will coordinate
with the Cities and County regarding development trends and future
population projections.
2.3 The School Board, working with the County and Cities via the Staff
Working Group, will use the information described in subsection 3.4 and
any other relevant information provided as part of the requirements of this
Amended and Restated Interlocal Agreement, to allocate projected
student enrollment by Minor Statistical Areas. The allocation of projected
student enrollment will be determined 3t the first Bt3ff meeting deGcribed in
subsection 1.1.
Section 3. Coordinatina and Sharina of Information
3.1 Tentative District Educational Facilities Work ProgromPlan: By Mav
~June 30tA of each year, the School Board shall submit to the County
and eaffi Cities}' the tentative district educational facilities prior to
adoption by the Board. The tentative plan will be consistent with the
requirements of Section 1013.35, Florida Statutes, and include projected
student populations geographically, an inventory of existing school
facilities, projections of facility space needs, information on relocatables,
general locations of new schools for the five (51-, ten (101-, and twenty
{201-year time periods, and options to reduce the need for additional
permanent student stations. The tentative plan will also include a
financially feasible district facilities work program for a five (51-year period.
The Cities and County shall review and evaluate the tentative plan and
5
comment to the School Board bv June 30within 60 d3Yc on the
consistency of the tentative plan with the local comprehensive plan,
including its compatibility with the comprehensive plan's future land use
map series, and whether a comprehensive plan amendment will be
necessary for any proposed educational facility. The School Board shall
provide the District's adopted Facilities Work ProQram to the County and
Cities no later than October 20, and it shall be adopted into the County's
and Cities' comprehensive plans each year no later than December 1.
3.2 Educational Plant Survey: The School Board will remain
responsible for reporting and submission of updates. The Educational
Plant Survey shall be consistent with the requirements of Section 1013.31,
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 existing land use plans. The Staff
Working Group, in accordance with the procedure outlined in Section 3.5,
will evaluate and make recommendations regarding the location and need
for new, significant renovation or expansion, closures of educational
facilities, and the consistency of such plans with the local government
comprehensive plans and relevant issues including, but not limited to,
those listed in subsections 4.3, 7.6, 7.7 and 8.1 of this Amended and
Restated Aagreement.
3.3 Educational Facilities Impact Fee Ordinance: The County and the
School Board shall annually perform a review at least every three (3)
years of the Educational Facilities Impact Fee Ordinance, its formula, and
the Educational Facilities Impact Fee Methodology and Technical Report,
and if appropriate, make recommendations for revisions to the Board of
County Commissioners. The first review shall be performed within three
(3) years after the effective date of the impact fee ordinance, as amended.
Among the goals of this review will be the adjustment of impact fee
structure to ensure the full eligible capital costs, as allowed by the
governing ordinances, associated with development of public school
capacity is included. In reviewing the Educational Facilities Impact Fee
Ordinance, (EFIFO) the County and School Board shall employ their best
efforts to evaluate a more equitable distribution of impact fee
assessments, including redistricting to create east/west 31ignments of
benefit districts throughout the County. Such benefit districts should
combine urban infill 3nd emorging development areas within the County.
The School Board and County will are encour3ged to provide for local
government, industry and citizen participation and input prior to submitting
recommendations to the Board of County Commissioners for substantive
revisions to the Educational Facilities Impact Fee Ordinance, its formula,
and/or the Educational Facilities Impact Fee Methodology and Technical
Report, including the adjustment of impact fee structure or benefit district
boundaries.
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3.4 Growth and Development Trends: By September 30 January 31st-of
each year, local governments will provide the School Board with a report
on growth and development trends within their jurisdiction, based on the
most current available data tho previous calondar year. This report will be
in tabular, graphic, and/or textual formats and will include the following:
(a) The type, number, and location of residential units, which have
received zoning approval. plat approval or site plan approval;
(b) Information regarding adopted future land use map
amendments, which may have an impact on school facilities;
(c) The County shall report to the School Board the school impact
fees collected annually on building permit applications. This,..--saie
report shall include the amount of the fee collected and location of
the proposed residential development. The School Board shall
report to the County and to each City how the impact fee revenue
and all other school contributions have been spent within the
Benefit District in which it was collected. All data shall include
source information for verification and be provided in a format
consistent with other capital expenditures;
(d) Information, if available, regarding the conversion or
redevelopment of non-residential structures into residential units
that are likely to generate new students, and.! conversely.!
information on the number of residential units converted to non-
residential uses; and
(e) The identification of any development orders issued that
contains a requirement for the provision of a public school site as a
condition of development approval.
If at all possible. data required to be submitted in this section should also
be sent in a format that can be loaded into the Geoqraphic Information
Systems (GIS) database maintained by the School Board.
3.5 New, EX/Janded and Renovated School Facilities: The Staff
Working Group shall provide recommendations on the planning of new
facilities, additions or renovations for consideration by School Board staff
and the School Site Planninq and Construction Committee ("SSPCCj in
formulating the tentative district educational facilities plan. Likewise, the
Staff Working Group shall also provide input and comments,
recommendations on the update of the Five- Year Educational Plant
Survey and any revisions thereto.
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CALENDAR OF KEY ANNUAL DATES
March 31
Staff Workinq Group meetinq re enrollment proiections
April 30 Staff Working Group Meetinq re any proposed amendments
to the school-related comprehensive plan provisions proposed for the first
County transmittal cycle
May 31 Plannina Forum to review Tentative Capital Plan includina
but not limited to. new schools. additions, closures, and sianificant
renovations, at a Joint Meetina of the Staff Workina Group and the School
Site Planning and Construction Committee (SSPCC)
June 30 Cities and County provide School Board with written
comments on Tentative Educational Facilities Plan introduced at Plannina
Forum
Au~ust 31 School Board provides final proposed Tentative Educational
Facilities Plan to County and Cities
September 30
Cities' and County's Growth Reports to School Board
September 30 School Board adoption of District's updated Five Year
Plan as a part of the Tentative Educational Facilities Plan
October 20 School Board's provision of COpy of adopted version
District's updated Five Year Plan to County and Cities
October 31 Staff Workinq Group meetina re any proposed amendments
to the school-related comprehensive plan provisions proposed for the
second County transmittal cycle
December 1 District's Updated Five Year Plan adopted into Cities'
and County's comprehensive plans. and provision of adopted versions to
School Board
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3.6 Public School Facilities Element:
(a) Initial comprehensive plan amendments related to the Public Schools
Facilities Element to satisfv the requirements of Chapter 2005-98. Laws of
Florida: The amendments to the Public School Facilities Element and
related amendments to the Capital Improvements Element and the
Interqovernmental Coordination Element in the County's and Cities'
comprehensive plans ("school-related element amendments" or "school-
related element provisions") required to satisfy Chapter 2005-98. Laws of
Florida are beinq adopted into the comprehensive plans of the County and
Cities concurrently with the execution of this Amended and Restated
Agreement by the County and Cities. Some provisions relevant to public
schools may remain in the Future Land Use Element or other elements as
may be appropriate.
(b) Subsequent school-related element amendments: Thereafter, the
experience with implementinq the revised comprehensive plans and the
School Board's District Facilities Work Proqram shall be reviewed by the
County and Cities each year, at a Staff Workinq Group meetinq to be held
no later than April 30 (County's first comprehensive plan amendment
cycle) or October 31 (County's second comprehensive plan amendment
cycle), to determine whether updates to the comprehensive plans are
required. At a minimum, the District Facilities Work Proqram shall be
updated annually by the addition of a new fifth year as provided in Section
9.3. Any other amendments to the comprehensive plans shall be
transmitted in time to allow their adoption concurrently with the update to
the District Facilities Work Proqram, where feasible. Amendments to the
comprehensive plans shall be considered in accordance with the County's
comprehensive planninq cycle.
(c) School Board review of school-related element amendments: All
school-related element amendments shall be provided to the School
Board at least ninety (90) days prior to transmittal (or adoption if no
transmittal is required). The School Board shall review the school-related
element amendments and provide comments, if any, to the relevant local
qovernment either (i) in writinq at least thirty (30) days prior to the local
planninq aqency meeting on the school-related element amendment. or (ii)
by attendinq and providinq comments at the local planninq aqency
meetinq.
(d) Countvwide consistencv of school-related element amendments: The
County's and Cities' school-related element provisions must be consistent
with the uniform district-wide public school concurrency system, with each
other, and with the School Board's facilities, plans and policies. Each City
may choose to adopt all or a portion of the County's school-related
element provisions into its comprehensive plan by reference, or it may
9
adopt its own school-related element provisions. If a City adopts its own
school-related element provisions, any qoal, obiective, policy or other
provision relevant to the establishment and maintenance of a uniform
district-wide public school concurrency system shall be substantially the
same as its counterpart in the County comprehensive plan and other
Cities' comprehensive plans. If any school-related element amendment is
proposed that deviates from the uniform district-wide public school
concurrency system, it shall not become effective until the last party
adopts it into its comprehensive plan. Such proposals shall be forwarded
to the Staff Workinq Group for review, and the adoption of any such
chanqes shall be timed to coincide with the County's comprehensive plan
amendment cycle. Once each City and the County have adopted such a
plan amendment and these amendments have all become effective, then
the new requirement shall apply countywide. Each City and the County
may adopt the District Facilities Work Proqram into its comprehensive plan
either by reference or by restatement of the relevant portions of that
Facilities Work Proqram, but in no event shall a City or the County attempt
to modify that Facilities Work Program. The County and Cities aqree to
coordinate the timinq of approval of school-related element amendments,
to the extent that it is feasible to do so. To the extent that a proposed
school-related element amendment is inconsistent with this Amended and
Restated Aqreement, an amendment to this Aqreement shall also be
required before the amended element becomes effective.
(d) Evaluation and Appraisal Report: In addition to the other coordination
procedures provided for in this Amended and Restated Aqreement, at the
time of the Evaluation and Appraisal Report, the County and Cities shall
schedule at least one Staff Workinq Group meetinq with the School Board
to address needed updates to the school-related comprehensive plan
provisions.
Section 4. School Site Selection, SiQnificant Renovations, and Potential
School Closures
4.1 The School Board staff has amended shall endeavor to em::ure rule
making proceedings arc completed by the May 14, 2003 meeting, so that
final reading is given to the amendment to rRule 6Gx13-2C-1.083, Section
II.D. Membership, to expand the membership of its standing School Site
Planning and Construction Committee (SSPCC) by four voting members
as follows: "a floating member" designated by the City Manager of the
most impacted municipality to which the agenda item relates whenever an
agenda item concerns any incorporated area of Miami-Dade County, or if
it concerns an unincorporated area, this "floating member" shall be from
the geographically nearest municipality most impacted by the agenda
item; a representative selected by the Miami-Dade County League of
Cities; a Miami-Dade County representative selected by the County
10
Manager or designee;~ and ~a member of the residential construction
industry.~ For purposes of this Section, a floating member from the most
impacted local government shall be defined as the local government
jurisdiction in which the proposed project is located. Based upon a
projected completion of rule. making proceedings by the School Board's
May 14, 2003 meeting, the School Board staff shall endeavor to ensure
the SSPCC is operational and holds its initial meeting by June 2003, to
provide meaningful participation to local governments in the School
Board's 2003 01 planning process. In the event that this rule change is not
accomplished as required herein, the School B03rd shall appro3ch the
Cities 3nd County and negotiate an amendment to this Agreement vvith a
mutually acceptable 31tern3tive means of coordination on all issues herein
allocated to the SSPCC. The SSPCC shall review potential sites for new
schools and proposals for significant renovation, the location of
relocatables or additions to existing buildings, and potential closure of
existing schools, and make recommendations on these and all other
issues within its purview under the Rule for consideration by School Board
staff. The SSPCC shall also:
(a) Host a planning forum, bv Mav 31. as a ioint meetinq of the Staff
Workinq Group and School Site Planninq and Construction Committee on
an annual basis or more often as may be needed. For purposes of this
forum, the SSPCC shall invite a representative from each of the impacted
units of government to participate in the proceedings and to provide input
and comments, for consideration by the SSPCC in its deliberations. The
forum will review the School Board's acquisition schedule and all other
relevant issues addressed in this Amended and Restated Agreement and
required by statute, and will include appropriate staff members of the
School Board, at least one staff member of the County and a
representative from each of the affected Cities. Based on information
gathered during the review, the SSPCC will submit recommendations to
the Superintendent or designee for the upcoming year.
(b) Invite a staff representative from each unit of local government
affected by an agenda item at any SSPCC meeting throughout the year to
attend that meeting. It shall provide a full opportunity for such local
government representatives to provide comments, and shall consider
those comments in its deliberations. Based on information gathered
during the review, the SSPCC will submit recommendations to the
Superintendent or designee on these items.
For purposes of this Sub Section, an affected local government shall be
defined as follows:
a. Any jurisdiction within fifteen hundred (1.500) feet of the
property or improvement; and
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b. Any jurisdiction whose utilities are utilized by the School Board
property or improvement.
The School Board Superintendent and/or designee shall provide the
invitations referenced in this Section 4.1, with at least thirty (30} days
advance written notice of such meeting to the person designated as a
contact in this Amended and Restated Agreement. The Superintendent or
designee shall forward the SSPCC recommendations referenced in this
Amended and Restated Agreement to the School Board so that they may
be considered by the Board at the time that it deals with the issues to
which the recommendations relate.
4.2 When the need for a new school is identified and funded in the
District Facilities Work Program district educational facilities plan, the
SSPCC will dovolopreview a list of potential sites in the area of need. The
list of potential sites for new schools and the list of schools identified and
funded in the District Facilities Work Proaram district oducational facilities
f*aA for significant renovation, the location of relocatables, or additions to
existing buildings and potential closure and opportunities for collocation
will be submitted to the local government with jurisdiction over the use of
the land for an informal assessment regarding consistency with the local
government comprehensive plan.
4.3 The evaluation of new school sites or significant expansion of
student stations at existing schools shall be in accordance with School
Board Rule 6Gx13-2C-1.083, as may be amended from time to time and
attached hereto as Exhibit 1~. Any proposed amendments to this rule,
which may impact upon the terms of this Amended and Restated Interlocal
Agreement, shall be submitted to the affected local units of government
prior to submission to the SSPCC and to the School Board.
4.4 Pursuant to Section 1013.33(11), Florida Statutes, at least sixty
{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 forty-five (45.Ldays jf the proposed new school site is consistent with
the land use categories as depicted in the future land use map series, as
well as the policies of the local government's comprehensive plan. If the
site is not consistent, it shall not be used as a school site until and unless
otherwise approved by the local government. This preliminary notice does
not constitute the local government's determination of consistency
pursuant to sSection 1013.33(12), Florida Statutes.
Section 5. Supportina Infrastructure
5.1 In conjunction with the preliminary consistency determination
described at subsection 4.4 of this Amended and Restated Aagreement,
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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 expansion renov3tion
of an existing school, in those instances where capacity is being added to
accommodate new student populations. Ssignificant expansion
renovation shall include construction improvements that result in a greater
than five (5) percent increase in student capacity, the location of
relocatables port3bloc, or additions to existing buildings for hiah schools
with a capacity of more than 2,000 students. For siqnificant expansions to
high schools with a capacity of less than 2,000 and for middle schools, the
applicable percentaae shall be ten (10) percent, and for sianificant
expansions to elementary schools (includina K-8 centers), the applicable
percentaae shall be fifteen (15) percent. The School Board and affected
local government will enter into a letter of agreement as to the timing,
location, and the party or parties responsible for constructing, operating
and maintaining the required on-site and off-site improvements related to
the expansions and new schools referenced above, respectively.
This section shall not be construed to require the affected local unit of
government to bear any costs of infrastructure improvements related to
school improvements.
Section 6. Public Education Facilities Site Plan Review
6.1 The School Board and the County will continue to coordinate any
and all proposed construction or expansion of public educational facilities,
including the general location of new schools in unincorporated Miami-
Dade County, with the County's Comprehensive Development Master
Plan (CDMP) and local land development regulations in accordance with
the review procedures outlined in Miami-Dade County Resolution R-678-
06R 535 92, as adopted on June May ,Qa, 2006+996
6.2 The School Board will coordinate any and all proposed construction
or expansion of public educational facilities, including the location of new
schools or relocatables, within any City's jurisdiction with that City's
adopted comprehensive plan and land development regulations. This
coordination shall be accomplished in accordance with the provisions of
Section~ 1013.33(12) through (15), Florida Statutes. The affected City
shall provide all of its comments to the School Board as expeditiously as
feasible, and not later than sixty (60) days after receipt of the complete
site plan.
Section 7. Local Planninf;l Af;lencv. Comprehensive Plan Amendments.
Rezoninf;ls. and Develooments of Reaionallmoact cvclopmcnt Approyals
7.1 In accordance with the requirements of and to the extent required
by Section 163.3174(1), Florida Statutes, the County and Cities will invite
a staff representative appointed by the School Board, 3C 3 non voting
13
member, to attend meetings, on an as needed basis, of their local
planning agencies or equivalent agencies that first consider
comprehensive plan amendments and rezonings at which comprehensive
plan amendments... aRG-rezonings, or Development of Reaional Impact
proposals or amendments are considered that would, if approved,
increase residential density. The County and Cities may, at their sole
discrotion, appoint such School Board representative to the planning
agency, and, at their sole discretion, may grant voting status to the School
Board representative member.
7.2 The School Board will designate a staff representative to serve in
an advisory support capacity on the County's staff development review
committee, or equivalent body. In addition, the School Board
representative will be invited to participate at the meetings of the Cities'
staff development review committees, or equivalent body, as appropriate,
when comprehensive plan amendments, rezoninas or Development of
Regional Impact proposals or amendmentsdevclopment and
redevelopment proposal~ are proposed that would create an increase in
the number of residential units. It shall be the responsibility of School
Board staff to revie'N the potential impact of a proposed (re) de'v'elopment
based on curront Florida Inventory of School House~ (FISH) capacity
(both permanent and rolocatables) and be prepared to commentconvey
this information in writing to the local staff development review committees
at least five {QLdays prior to the meeting or development review
committee review, for their consideration. These comments shall include
a statement that the application will be subiect to public school
concurrency review at the plat, site plan or functional equivalent staae,
consistent with Section 9 of this Amended and Restated Agreement. +M
School Board shall only be roquired to provide such review '.vhere the
proposed (ro) development will result in an increaoe in FISH c:1pacity
(permanent and rolocat:1bles) in excess of 115%, except when such
review is requested by the local staff development revimv committee.
This figure ohall be considered only as a re'Jiew throshold and shall not be
construed to obligate the County or a City to deny :1 development should
the School Board f3il to identify options to meet anticipClted demand or
should the collaborative process described in this Section f3il to yield a
means to ensure sufficient capacity. A copy of the applicationF>>aAs shall
be delivered to the School Board representative at least fifteen (15}
working days prior to the proposed meeting date, or on the date the
agenda is distributed. The School Board's review shall be conducted in
accordance with the aqreed upon procedures to be developed methods
set forth in the pEroceduros mManual to be adopted in accordance 'Nith
agreed upon procedures to be developed tho proviEions sot forth in this
-"mondod and Rostatod I\groomont, the surront '/omion -of ',.\'high jg
attaehod hereto as E}{hil3it 2 ('Nhieh shall be revised to bo eonEistont 'Nith
thiE .^,mom:lod and ROEtatod ,^.qroomont). Tho ~Eroeoduros mManuol ~
14
dovolopod and mav bo amondod shall bo dovolopod through a
collaborative process with the Staff Working Group. and the School Board
staff shall use its best efforts to facilitate development of the manual in a
timely manner.
7.3 The County and the Cities agree to transmit to the School Board
copies of proposed comprehensive plan amendments, rezoninos, and
Development of Reoional Impact proposals or amendments land use
applications and' development proposals that may affect student
enrollment, enrollment projections, or school facilities. This 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 'Nith a residential component.
7.4 Within thirty (30} days after receipt of notification by the local
government, which notification shall include development plans, the
School Board will advise the local government of the school enrollment
impacts anticipated to result from the proposed comprehensive plan
amendment, land use application rezonino, or €IDevelopment of Regional
Impact proposals or amendments and v:hether sufficient capacity exists or
is planned to accommodate the impacts. School capacity will be reported
consistent with State Requirements for Educational Facilities, and shall be
based on current FISH capacity at impacted schools (including permanent
and relocatable satisfactory student stations), as well as any proposed
student station additions in the area of impact. The School Board will also
include capacity information on approved charter schools that provide
relief in the area of impact. The School Board may charoe a non-
refundable application fee payable to the School Board to reimburse the
cost to review comprehensive plans, rezoninos and Development of
Reoional Impact proposals or amendments pursuant to this Section. In
that event, payment may be required prior to the commencement of
review.
7.5 If sufficient capacity is not available or planned to serve the
development at the time of impact, the School Board 'Nill determine and
specify the options available to it to meet the anticipated student
enrollment demand. Alternatively, the School Board, local government,
and developer will use their best efforts to collaboratively develop options
that aim to provide the capacity to accommodate ne'.\' students generated
from the ne'N residential development The School Board shall be
responsible to reviO'.... and consider funding options for the incremental
increase in the projected number of students which include, but are not
limited to, creation of nO'.v community development districts pursuant to
Chapter 190, Florida Statutes, creation of educational facilities benefit
districts as described in Section 1013.355, Florida Statutes, other
available broad based funding mechanisms to fund school capital
construction, developer contributions in the form of land donation Get
15
asides, monetary contributions, or developer provided facility
improvements in lieu of impact fees and other School Board approved
measures such as public charter schools, public private partnerships, or a
combination of any of thece. In its analysis of need, School Board staff
shall also include information on the estimated educational facilities impact
fee revenues to be generated by the development, as 'Nell as on any other
available funding for capital projects specifically intended to mitigate the
area of impact.This Section shall not be construed to obligate a City to
impose, assess or collect a school impact fee, unless provided by general
law. As it relates to the collection of impact fees, this provision shall not
be subject to dispute resolution under Section 9 of this Agreement. The
review by the School Board staff reqardinq comprehensive plan
amendments, rezoninqs and Development of Regional Impact proposals
or amendments containing residential units shall be classified as "Public
Schools Planninq Level Review (Schools Planning Level Review)". The
Schools Planninq Level Review does not constitute public school
concurrency review. This Section shall not be construed to obligate a City
or County to deny or approve (or to preclude a City or County from
approvinq or denyinq) an application development should the School
Board fail to identify options to meet anticipated demand or should the
collaborative process described in this Section fail to yield a means to
ensure sufficient capacity.
7.6 In the review and consideration of comprehensive plan
amendments, rezonings, and aDevelopment of Reqionallmpact proposals
or amendments, and their respective potential school impacts, the County
and Cities should consider the following issues:
a. School Board comments, which may include available school
capacity or planned improvements to increase school capacity,
including School Board approved charter schools and operational
constraints (e.g., establishment of or modifications to attendance
boundaries and controlled choice zones), if any, that may impact
school capacity within an area, including public-private
partnerships-=--Failure of the School Board to provide comments to
the County or Cities within thirty (302 days as specified in Section
7.4 may be considered by the parties as a response of "no
comment." In such a scenario, the County and Cities shall not be
obligated to delay final action by the County Commission or City
Council;
b. The provision of school sites and facilities within planned
neighborhoods;
c. Compatibility of land uses adjacent to existing schools and
reserved or proposed school sites;
16
d. The potential for collocation of parks, recreation and
neighborhood facilities with school sites;
e. The potential for linkage of schools, parks, libraries and other
public facilities with bikeways, trails, and sidewalks for safe access;
f. Traffic circulation plans that serve schools and the surrounding
neighborhood, including off-site signalization, signage, and access
improvements; and
g. The general location of public schools proposed in the District
Facilities Work Proqram five year \vork plan as well as other
available information over a ten (10) and twenty (201-year time
frame.
7.7 In formulating community development plans and programs, the
County and Cities should consider the following issues:
a. Giving priority to scheduling capital improvements that are
coordinated with and meet the capital needs identified in the District
Facilities Work Proqram School Board Dictrict Educational Facilities
.J2taR ;
b. Providing incentives that promote collaborative efforts between
the School Board and the private sector to develop adequate
school facilities in residential developments;
c. Targeting community development improvements in older and
distressed neighborhoods near existing or proposed School Board
owned and operated public schools and School Board approved
charter schools; aR€l
d. Coordination with neighboring jurisdictions to address public
school issues of mutual concern; and;
e. Approval and funding of community development districts
(CDD:.s) and other available funding mechanisms created by state
law.
Section 8. Collocation and Shared Use
8.1 Collocation and shared use of facilities are important to both the
School Board and local governments. The School Board... aA€i-Cities and
County will work together, via the Staff Working Group...-aR€i-the SSPCC,
and the Citizens Oversiqht Committee to look for opportunities to collocate
and share use of school facilities and civic facilities when preparing the
District Facilities Work Proqram District Educational Facilitiec Plan.
Likewise, collocation and shared use opportunities will be considered by
the local governments when preparing the annual update to the
17
comprehensive plan's schedule of capital improvements and when
planning and designing new, or renovating existing, community facilities.
For example, potential opportunities for collocation and shared use with
public schools will be considered where compatible for existing or planned
libraries, parks, recreation facilities, community centers, auditoriums,
learning centers, museums, performing arts centers, and stadiums. In
addition, the potential for collocation and shared use of school and
governmental facilities for joint use by the community will also be
considered.
8.2 A separate agreement or an amendment to a master agreement
between the School Board and the appropriate local government will 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.
8.3 Collocation and shared use as provided for in this Amended and
Restated Agreement may include the sharing of county and municipal
facilities for student use, such as use of a park for park purposes by
students from a neighboring public school, and similarly may include the
use of public school facilities by the community.
8.4 In order to maximize the efficient utilization of public fundina and to
further the collocation and shared use of county and municipal facilities
with School Board-owned and operated public schools, local governments
are stron~ly encouraaed not to require the provision or enhancement of
charter school facilities as a condition of local development approval.
Section 9. Implementation of Public School Concurrency
9.1 This section establishes the mechanisms for coordinatinq the
development, adoption, and amendment of the District Facilities Work
Proaram, as well as the Public School Facilities Elements and the
Interaovernmental Coordination and Capital Improvements Elements of
the County and Cities' comprehensive plans. in order to implement a
uniform districtwide public school concurrency system as required by law.
9.2 The School Board, County and Cities aaree to the following
principles for public school concurrency in Miami-Dade County:
(a) Capacitv Methodoloqv and Formula for A vailabilitv: The
uniform methodology for determining if a particular school is overcapacity
shall be determined by the School Board and adopted into the County's
and Cities' comprehensive plans. The School Board hereby selects
Florida Inventory of School Houses (FISH) capacity as the uniform
methodoloay to determine the capacity of each school. The capacity and
18
enrollment numbers for a school shall be determined once a year, in
Octobe r.
The School Board will issue an evaluation report determininq whether
adequate school capacity exists for a proposed development, based on
the adopted Level of Service Standards, concurrency service areas, and
other standards set forth in this Amended and Restated Aareement, as
follows:
1. Calculate total school facility capacity by addina
the capacity provided by an existina school facility to the capacity of
any planned school facilities proarammed to provide relief to that
school facility, listed in the first three (3) years of the District
Facilities Work Proaram.
2. Calculate available school facility capacity by
subtractina from the total school facility capacity the sum of:
a. Current student enrollment (school facility capacity
consumed by preexistinq development);
b. The portion of reserved capacity havina a valid
unexpired certificate of concurrency from the School Board;
and
c. The portion of previously approved development
(vested from concurrency) proiected to be developed within
three (3) years.
3. Calculate the proposed development's demand for
school facility capacity by:
a. Applyina the student qeneration rate to the proposed
development to determine its total demand; and
b. Subtracting a credit for the total district-wide
enrollment of magnet and charter school facilities.
4. Subtract the proposed development's demand for
school facility capacity from the available school facility
capacity to determine if there is a deficit. If so, repeat the process
to determine if school facility capacity is available in any contiauous
Concurrency Service Area ("CSA") in the same Geoaraphic Area
(Northwest. Northeast. Southwest, or Southeast), which map is
attached hereto as Exhibit 2.
19
The School Board may charae a non-refundable application fee payable to
the School Board to reimburse the cost to review matters related to public
school concurrency. In that event. payment may be required prior to the
commencement of review.
In evaluatina a final subdivision, site plan, or functional equivalent for
concurrency, any relevant proarammed improvements in the current year,
or Years 2 or 3 of the District Facilities Work Proaram shall be considered
available capacity for the proiect and factored into the Level of Service
analysis. Any relevant proarammed improvements in Years 4 or 5 of the
District Facilities Work Program shall not be considered available capacity
for the proiect unless fundina to accelerate the improvement is assured
throuqh the School Board, through proportionate share mitiaation or some
other means of assuring adequate capacity will be available within three
(3) years. Relocatable classrooms may be used by the Miami-Dade
County Public School System as an operational solution during
replacement. renovation, remodelinq or expansion of a public school
facility; and in the event of a disaster or emeraency which prevents the
School Board from usina a portion of the affected school facility.
(b) Level of Service Standards: Public school concurrency shall be
applied on a less than district-wide basis. to concurrency service areas as
described in subsection (c), except for Maanet Schools where public
school concurrency shall be applied on a district wide basis. Level of
Service standards for public school facilities apply to those traditional
educational facilities, owned and operated by Miami-Dade County Public
Schools, that are required to serve the residential development within their
established concurrency service area. Level of Service standards do not
apply to charter schools. However, the actual enrollment (October Full
Time Equivalent (FTE)) of both maanet and charter schools as a
percentaae of the total district enrollment will be credited aqainst the
impact of development.
The uniform, district-wide Level of Service Standards for Public School
Facilities are initially set as follows, and shall be adopted in the County's
and Cities' Public School Facilities Elements and Capital Improvements
Elements:
1. The adopted Level of Service (LOS) Standard for all
Miami-Dade County Public School facilities is 100% FISH Capacity
(With Relocatable Classrooms). This LOS Standard, except for
Maanet Schools, shall be applicable in each public school
concurrency. service area (CSA), defined as the public school
attendance boundary established by the Miami-Dade County Public
Schools.
20
2. The adopted LOS standard for Maanet Schools is 100%
of FISH (With Relocatable Classrooms) which shall be calculated
on a district-wide basis.
3. It is the aoal of Miami-Dade County Public Schools and
Miami-Dade County for all public school facilities to achieve 100%
utilization of Permanent FISH (No Relocatable Classrooms) by
January 1, 2018. To help achieve the desired 100% of permanent
FISH utilization by 2018, Miami-Dade County Public Schools
should continue to decrease the number of relocatable classrooms
over time. Public school facilities that achieve 100% utilization of
Permanent FISH capacity (No Relocatable Classrooms) should, to
the extent possible, no longer utilize relocatable classrooms, except
as an operational solution. Beainnina January 1, 2013, the Miami-
Dade County Public Schools will implement a schedule to eliminate
all remaining relocatable classrooms by January 1, 2018.
By December 2010, Miami-Dade County in cooperation with Miami-
Dade County Public Schools will assess the viability of modifying
the adopted LOS standard to 100% utilization of Permanent FISH
(No Relocatable Classrooms) for all CSAs.
4. Relocatable classrooms may be used by the Miami-Dade
County Public School System as an operational solution during
replacement, renovation, remodelinq or expansion of a public
school facility; and in the event of a disaster or emergency which
prevents the School Board from usina a portion of the affected
school facility.
Potential amendments to these LOS Standards shall be considered at
least annually at the Staff Workinq Group meetinq to take place no later
than April 30 or October 31 of each year. If there is a consensus to
amend any LOS Standard, it shall be accomplished by the execution of an
amendment to this Amended and Restated Aareement by all parties and
the adoption of amendments to the County's and each City's
comprehensive plan. The amended LOS Standard shall not be effective
until all plan amendments are effective and the amendment to this
Amended and Restated Aareement is fully executed. No LOS Standard
shall be amended without a showina that the amended LOS Standard is
financially feasible and can be achieved and maintained over the five
years of the District Facilities Work Proaram.
After adoption of the District's first Facilities Work Proqram which was
relied on for public school concurrency requirements. capacity shall be
maintained within each year of the District's subsequent Facilities Work
21
Proaram. If the impact of the proiect will not be felt until Years 2 or 3 of
the District Facilities Work Proaram, then any relevant proarammed
improvements in those years shall be considered available capacity for the
project and factored into the Level of Service analysis. If the impact of the
project will not be felt until Years 4 or 5 of the District Facilities Work
Proqram, then any relevant programmed improvements shall not be
considered available capacity for the project unless fundina of the
improvement is assured, throuah School Board fundina, the proportionate
share mitigation process, or some other means. and the project is
accelerated into the first three (3) years of the District Facilities Work
Proaram.
(c) Concurrencv Service Areas: The Concurrency Service Area
(CSA) shall be the student attendance boundaries for elementary, middle
and hiah schools. The concurrency service area boundaries shall be part
of the data. and analysis in support of the County's and Cities'
comprehensive plans. Concurrency service areas shall maximize capacity
utilization, takina into account transportation costs. limitina maximum
student travel times, the effect of court-approved desearegation plans,
achievina socia-economic, racial, cultural and diversity obiectives, and
other relevant factors as determined by the School Board's policy on
maximization of capacity.
The School Board shall address how capacity has been maximized in the
affected concurrency service area. For purposes of this Amended and
Restated Aareement. maximization of capacity shall mean any operational
or physical adiustment that increases the available capacity of a school or
a concurrency service area. Maximization may take into account several
factors, includina transportation costs, student travel times. socio-
economic obiectives, and recognition of the timing of capacity
commitments. These adiustments may include, but are not limited to,
physical chanaes to the school facility such as expansions or renovations,
and operational changes such as staaqered schedules, floatina teachers,
or reassiqnment of students. The types of physical and operational
adiustments to school capacity that will be used in Miami-Dade County,
and the circumstances under which they are appropriate. will be
determined by the School Board's policy on maximization of capacity, as
set forth in the Public School Facilities Element.
Potential amendments to the concurrency service areas, other than
periodic adiustments to student attendance boundaries, or to redefine the
concurrency service area as a different type of boundary or area shall be
considered annually at the Staff Workina Group meetina to take place
each year no later than April 30 or October 31, and shall take into account
the issue of maximization of capacity. Other considerations for amending
22
the concurrency service areas may include safe access (includina factors
such as the presence of sidewalks. bicycle paths, turn lanes and
sianalization, general walkability), diversity, and aeoaraphic or manmade
constraints to travel. If there is a consensus to chanqe the concurrency
service area to a different type of service area or aeoqraphic confiauration,
it shall be accomplished by the execution of an amendment to this
Amended and Restated Aareement. The chanaed concurrency service
area shall not be effective until the amendment to this Amended and
Restated Aqreement is fully executed and related amendments to the
County and Cities' comprehensive plans are adopted. Proposed
amendments to the concurrency service areas shall be presented to the
Staff Workina Group and incorporated as updated data and analysis in
support of the County's and Cities' comprehensive plans. No concurrency
service area shall be amended or redefined without a showing that the
amended or redefined concurrency service area boundaries are financially
feasible and can be achieved and that the adopted LOS Standard can be
maintained over the five years of the District Facilities Work Proaram.
If maximization of capacity has not resulted in sufficient capacity. so that
the adoption of the development proposal would result in a failure to meet
the Level of Service Standard, and if capacity is available in one or more
contiauous concurrency service areas within the first three years of the
District Facilities Work Proaram in the same Geoaraphic Area (Northwest.
Northeast. Southwest, Southeast) as the development. the School Board,
at its discretion. shall determine the contiauous concurrency service area
to which the development impacts will be shifted. If there is still not
enouah capacity to absorb the impacts of the development proposal after
maximization of capacity and shiftina of impacts, then the School Board
will notify the local qovernment in writina of the finding, and the local
government shall then notify the applicant of the findina.
(d) Student Generation Multipliers: The School Board staff.
working with the County staff and Cities' staffs. have developed and
applied student qeneration multipliers for residential units by type and
Minor Statistical Area for schools of each type, considerina past trends in
student enrollment in order to proiect school enrollment. The student
generation rates shall be determined by the School Board in accordance
with professionally accepted methodoloaies. shall be updated at least
every three (3) years inasmuch as possible, and shall be adopted into the
County's and Cities' comprehensive plans. The school enrollment
proiections will be included in the tentative district educational facilities
plan provided to the County and Cities each year as specified in
Subsection 3.1 of this Amended and Restated Aareement.
(e) Concurrencv ManaGement Svstem: The County and Cities
shall amend the concurrency management systems in their land
23
development regulations to require that all non-exempt new residential
units be reviewed for public school concurrency at the time of final plat or
site plan (or functional equivalent), using the coordination processes
specified in Section 7 above, within one hundred and twenty (120) days of
the effective date of the Comprehensive Plan amendment(s) implementing
public school concurrency. In the event that the Comprehensive Plan
amendment(s) or amendment(s) to this Amended and Restated
Aareement. which are necessary to implement public school concurrency
are challenged, the land development reaulations shall be adopted within
one hundred and twenty (120) days after the resolution of such challenge.
The County or any City may choose to request from the School Board's
staff and provide. an informational assessment of public school
concurrency at the time of preliminary plat or subdivision, but the test of
concurrency shall be at final subdivision, site plan (or functional
equivalent). The assessment of available capacity by the School Board
shall consider maximization of capacity and shiftina of impacts as further
detailed above. The County and Cities shall not deny a final subdivision
or site plan (or functional equivalent) for the failure to achieve and
maintain the adopted Level of Service Standard for public school capacity
where:
(i) adequate school facilities will be in place or under actual
construction within three (3) years after the issuance of the
final subdivision or site plan (or functional equivalent); or
(in the developer executes a legally binding commitment to
provide mitiaation proportionate to the demand for public
school facilities to be created by the actual development of
the property subiect to the final plat or site plan (or functional
equivalent) as provided in Section 9.2(a) below.
However, this Amended and Restated Aareement shall not be construed
to limit the authority of any City or the County to deny the final plat or site
plan (or functional equivalent) for reasons other than failure to achieve and
maintain the adopted Level of Service Standard for public school capacity.
The County and Cities, in consultation with the School Board, shall also
amend their concurrency manaaement systems in their land development
reaulations to address public school facilities, so that the annual
monitorinq reports provided to their aovernina bodies shall cover schools
as well as the other concurrency facilities within one hundred and twenty
(120) days of the effective date of this Amended and Restated Aareement.
Upon final action by the City or County reaardinq the application for final
plat. site plan or functional equivalent. the City or County shall send
written notice to the School Board indicatina that the application was
aranted final approval or denied. If the application received final approval,
24
the school concurrency approval for the development and anticipated
students shall be valid for up to two (2) years, beainning from the date the
application received final approval from the City or County, except as may
be provided by federal law and as further specified in the applicable
concurrency management system regulations. unless otherwise released
by the appropriate governing body in which case, within ten (10) business
days of the release the appropriate aovernina body shall notify the School
Board of such and request the capacity reservation be cancelled. An
extension of the reservation period may be qranted when the applicant
demonstrates that development has commenced on a timely basis and is
continuing in aood faith, provided that the total reservation period does not
exceed six (6) years, as further specified in the applicable concurrency
manaaement system reaulations. If the application was denied, the School
Board's staff shall deduct from its database the students associated with
the application.
(f) Proportionate Share MitiQation: The School Board shall
establish within the District Facilities Work Program the followina
standards for the application of proportionate share mitiqation:
1. Student Generation Multipliers for sinale family, multi
family and mobile home housing types for elementary, middle and
hiah schools. Student Generation Multipliers shall be based upon
the best available district-specific data and derived by a
professionally acceptable methodoloqy acceptable to the School
Board;
2. Cost per Student Station estimates for elementary,
middle and hiah schools. Such estimates shall include all cost of
providina instructional and core capacity includina, without
limitation, land, desiqn, buildinas, equipment and furniture, and site
improvements. The cost of ancillary facilities that generally support
the School Board and the capital costs associated with the
transportation of students shall not be included in the Cost per
Student Station estimate used for proportionate share mitiaation;
3. The capacitvof each school; and
4. The current and reserved enrollment of each school.
The above factors shall be reviewed annually and certified for
application for proportionate share mitiqation purposes durina the
period that the District Facilities Work Program is in effect.
In the event that there is not sufficient capacity in the affected or
contiguous concurrency service area to address the impacts of a
25
proposed development, the following steps shall apply. Either (i) the
project must provide capacity enhancement sufficient to meet its impacts
throuah proportionate share mitiaation; or (ii) a condition of approval of the
site plan or final plat (or functional equivalent) shall be that the project's
impacts shall be phased and buildina permits shall be delayed to a date
when capacity enhancement and Level of Service can be assured; or (iii)
the proiect must not be approved. The school board and the affected local
government shall coordinate on the possibility of mitiaation.
Options for providing proportionate share mitiqation for any approval of
additional residential dwellinq units that triaaers a failure to meet the Level
of Service Standard for public school capacity will be specified in the
County's and Cities' Public School Facilities Elements. Options shall
include the following:
1. Money - Contribute full capital cost of a planned proiect, or proiect
proposed to be added to the first three (3) years of the District Facilities
Work Proaram, in the affected concurrency service areas, providina
sufficient capacity to absorb the excess impacts of the development,
on land owned by the School Board or donated by another
development.
2. Land - Donate land to and/or capital dollars equal to the cost of impact
to the School Board needed for construction of a planned proiect, or
project proposed to be added to the first three (3) years of the District
Facilities Work Proaram in the affected concurrency service areas, and
the School Board or some other entity funds the construction of or
constructs the proiect.
3. Construction - Build a planned proiect. or project proposed to be added
to the first three (3) years of the District Facilities Work Program, on
land owned by the School Board or donated by another development.
with sufficient capacity to absorb the excess impact of the development
in the affected concurrency service area. (Usually, proiects are more
than one classroom).
4. Mix and Match - Combine two or more of these options to provide
sufficient capacity to mitiaate the estimated impact of the residential
development on the affected concurrency service areas.
5. Mitiqation bankinq - Mitiaation banking within designated areas based
on the construction of a public school facility in exchanae for the riqht
to sell capacity credits. Capacity credits shall only be transferred to
developments within the same concurrency service area or a
26
contiquous concurrency service area. Mitigation bankina shall be
administered by the School Board in accordance with the requirements
of the concurrency mitiaation system.
Proportionate-share mitiaation must be acceptable to the School Board.
Mitiaation shall be directed to projects in the first three (3) years of the
District Facilities Work Proaram that the School Board aarees will satisfy
the demand created by that development approval.
The amount of mitiaation required shall be calculated based on the cost
per student station, as defined above. and for each school type
(elementary. middle and hiah) for which there is not sufficient capacity.
The Proportionate Share for a development shall be determined by the
followina formulas:
Number Of New Student Stations Required For Mitigation (By School
Type) =
{Number Of Dwelling Units Generated By Development Proposal, By
Housing Type x
Student Generation Multiplier (By Housing Type And School Type)J-=
Credit for Districtwide Capacitv of MaGnet Schools and Charter
Schools -
Number of A vailable Student Stations
Cost of Proportionate Share Mitigation =
Number Of New Student Stations Required For Mitigation (By School
Type) x
Cost Per Student Station (By School Type).
The full cost of proportionate share mitiaation shall be required from the
proposed development
The local aovernment and the School Board shall consider the evaluation
report and the options that may be available for proportionate share
mitiaation includina the amendment of the District Facilities Work
Proaram. If the local qovernment and the School Board find that options
exist for proportionate share mitiaation, they shall authorize the
preparation of a development aareement and other documentation
appropriate to implement the proportionate share mitiaation option(s). A
leaally binding development aareement shall be entered into between the
School Board, the relevant local aovernment, and the applicant and
executed prior to issuance of the final plat, site plan or functional
equivalent. In that agreement, if the School Board accepts the mitiaation,
the School Board must commit to place the improvement required for
mitigation on the first three (3) years of the Five Year Plan. This
development aareement shall include the landowner's commitment to
27
continuina renewal of the development aqreement until the mitigation is
completed as determined by the School Board. This agreement shall also
address the amount of the impact fee credit that may be due for the
mitiqation, and the manner in which it will be credited.
Upon execution of a development agreement amona the applicant, the
local government and the School Board. the local government may issue a
development order for the development. The development order shall
condition approval upon compliance with the development aareement.
9.3 Updates to Public School Concurrency: The School Board,
County and Cities shall use the processes and information sharing
mechanisms outlined in this Amended and Restated Aareement to ensure
that the uniform district-wide public school concurrency system is updated.
the District Facilities Work Proaram remains financially feasible in the
future, and any desired modifications are made. The District's updated
Five- Year Plan will be adopted into the County's and Cities' capital
improvement elements no later than December 1 of each year.
The School Board shall not amend the District Facilities Work Proaram as
to modify, delay or delete any proiect that affects student capacity in the
first three (3) years of the Five Year Plan unless the School District staff,
with the concurrence of a maiority of the School Board members, provides
written confirmation that:
1. The modification, delay or deletion of a project is required in
order to meet the School Board's constitutional obliqation to provide
a county-wide uniform system of free public schools or other leaal
obliqations imposed by state or federal law; or
2. The modification. delay or deletion of a project is occasioned
by unanticipated chanae in population projections or growth
patterns or is required in order to provide needed capacity in a
location that has a current areater need than the oriainally planned
location and does not cause the adopted LOS standard to be
exceeded in the Concurrency Service Area from which the
originally planned project is modified, delayed or deleted; or
3. The project schedule or scope has been modified to address
local aovernment concerns, and the modification does not cause
the adopted LOS standard to be exceeded in the Concurrency
Service Area from which the oriainally planned project is modified,
delayed or deleted; and
28
4. The Staff Working Group has had the opportunity to review
the proposed amendment and has submitted its recommendation to
the Superintendent or desianee.
The School Board may amend the District Facilities Work Proaram at any
time to add necessary capacity projects to satisfy the provisions of this
Aareement. For additions to the District Facilities Work Proaram, the
School Board must demonstrate its ability to maintain its financial
feasibility.
9.4 Exemptions and Vested Development: The following types of
developments shall be exempt from the requirements of public school
concu rre ncy:
a. Developments that result in a total impact of less than one (1)
student in any level or type of school; and
b. Development with covenants restrictina occupancy to exclude
school aae children (e.a., 55 and over).
The followina types of developments shall be considered vested from the
requirements of public school concurrency:
a. Developments with a valid, unexpired site plan or final plat or
functional equivalent. as of December 31, 2007;
b. Developments that have executed and recorded covenants or
have provided monetary mitiaation payments. as of December 31,
2007, under the School Board's current voluntary mitiaation
procedures;
c. Any Development of Reaional Impact for which a development
order was issued, pursuant to Chapter 380, Florida Statutes, prior
to July 1, 2005. Also, any Development of Reaional Impact for
which an application was submitted prior to May 1, 2005.
Section 109. Resolution of Disputes
1Q9.1 If the parties to this Amended and Restated Aagreement are unable
to resolve any issue in which they may be in disagreement covered in this
Amended and Restated Aagreement, the applicable parties to the dispute
will employ dispute resolution procedures pursuant to Chapter 164 or
Chapter 186, Florida Statutes, as amended from time to time, or any other
mutually acceptable means of alternative dispute resolution. Each party
shall bear their own attorney's fees and costs.
29
Section 110. Oversiqht Process
110.1 The School Board shall appoint up to nine (9) citizen members, the
County and the Miami-Dade County League of Cities shall each appoint
up to five (5) citizen members to serve on a committee to monitor
implementation of this Amended and Restatede interlocal aAgreement.
The School Board shall organize and staff the meetings of this Citizens
Oversiaht Committee, calling on the Staff Working Group for assistance as
needed. It shall provide thirty (30)no less than seven (7) days written
notice of any meeting to the members of the Citizens Oversiaht
Committee, the Staff Working Group, the SSPCC, County, Cities and to
the public. Citizens Oversiaht Committee members shall be invited by the
School Board to attend all meetings referenced in Sections 1 and 4 and
shall receive copies of all reports and documents produced pursuant to
this Amended and Restated Aareement. The Citizens Oversight
Committee shall appoint a chairperson, meet at least annually, and report
to participating local governments, the School Board and the general
public on the effectiveness with which the interlocal agreement is being
implemented. At least sixty (60} days prior to the annual meeting of the
Citizens Oversiaht Committee, the Staff Working Group and the SSPCC
shall each submit an annual report regarding the status of the
implementation and effectiveness of the Agreement. These annual
reports shall additionally be distributed to all parties to this Amended and
Restated Agreement. Meetings of the Citizens Oversiqht Committee shall
be conducted as public meetings, and provide opportunities for public
participation. The Citizens Oversiaht Committee shall adopt bylaws that
shall aovern its operation.
Section 124. Effective Date and Term
This Amended and Restated Aareement shall take effect upon the date of
publication of a Notice of Intent to find it consistent with the requirements
of Section 163.31777(2). Florida Statutes. This Amended and Restated
may be executed in any number of counterparts, each of which will be
deemed an oriainal. but all of which toqether will constitute one and the
same instrument and be the aareementbetween the parties. Th+s
Agreement shall become effective upon the signatures of the School
Board and County, and shall remain in full force and effect for a period of
five (5) years from the effective date. The execution of the Agreement by
each City shall make it effective as to that City. The failure of any party to
execute the Agreement by January 1. 2008 March 1, 2003 may subject
that party to penalties as provided by statute. This Amended and Restated
Aareement may be amended by mutual adoption by all parties, at the
yearly ioint meetina or as the situation warrants. This Amended and
Restated Agreement may be earlier cancelled by mutual agreement of
individual Cities or County and the School Board, unless otherwise
cancelled as provided or allowed by law. In such a case, the withdrawina
30
party/ies and the School Board may be subiect to sanctions from the
Administration Commission and the Florida Department of Education,
unless they enter into a separate aareement within 30 days that satisfies
all of the relevant requirements of Florida Statutes. Any separate
agreement must be consistent with the uniform district-wide public school
concurrency system. This Agreement may be extended upon the mutual
consent of the parties to this Agreement for an additional five (5) years, on
the same terms and conditions as provided herein, provided that tho party
seeking an extension givec written notice to the other partiec. of such
intent to extend no later than one (1) year prior to the expiration of the
then current term, and the other parties agree in writing to cuch extension.
Extensions shall be valid as to those partiec consenting in writing thereto,
even if not all partiec horeto so consent.
Section 1.32. Severability
If any item or provision of this Amended and Restated Agreement is held
invalid or unenforceable, the remainder of the Agreement shall not be
affected and every other term and provision of this Amended and
Restated Agreement shall be deemed valid and enforceable to the extent
permitted by law.
Section 143. Notice and General Conditions
A. All notices which may be given pursuant to this Amended and
Restated Agreement, except notices for meetings provided for
elsewhere herein this Agreement, shall be in writing and shall be
delivered by personal service or by certified mail return receipt
requested addressed to the parties at their respective addresses
indicated below or as the same may be changed in writing from time to
time. Such notice shall be deemed given on the day on which
personally served, or if by mail, on the fifth day after being posted or
the date of actual receipt, whichever is earlier.
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Phone: (305) 446 8910
Fax: (305) 466 8919
Town Manager
Town of Bay Harbor Islands
9665 Bay Harbor Terrace
Bay Harbor Islands, Florida 33154
31
32
City Manager
City of Coral Gables
P.O. Box 141549
Coral Gables, Florida 33114-1549
Town Manaaer
Town of Cutler Bay
10720 Caribbean Blvd.. Suite 105
Cutler Bay, FL 33189
City Manaaer
City of Doral
8300 NW 53rd Street, Suite 100
Doral, FL 33166
Mayor
Village of EI Portal
500 N.E. 87 Street
EI Portal, Florida 33138-3517
Mayor
City of Florida City
P.O. Box 343570
Florida City, Florida 33034-0570
Mayor
City of Hialeah
P.O. Box 110040
Hialeah, Florida 33011-0040
Chief Zoning OffiOOfcial
City of Hialeah Gardens
10001 N.W. 87 Avenue
Hialeah, Gardens, Florida 33016
City Manager
City of Homestead
790 North Homestead Boulevard
Homestead, Florida 33030
Village Manager
Village of Indian Creek
9080 Bay Drive
Indian Creek Village, Florida 33154
33
Village Manager
Village of Key Biscayne
85 West Mcintyre Street
Key Biscayne, Florida 33149
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
City Manager
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
City Manaaer
City of Miami Gardens
1515 NW 16ih Street. Suite 200
Miami Gardens, FL 33169
Town Manager
Town of Miami Lakes
6853 Main Street
Miami Lakes, Florida 33014
Village Manager
Village of Miami Shores
10050 N.E. Second Avenue
Miami Shores, Florida 33138
City of Miami Springs
201 Westward Drive
Miami Springs, Florida 33166-5259
City Manager
City of North Bay Village
7903 East Drive
North Bay Village, Florida 33141
City Manager
City of North Miami
776 N.E. 125 Street
North Miami, Florida 33161
34
City Manager
City of North Miami Beach
17011 N.E.19 Avenue
North Miami Beach, Florida 33162
Director of Community Development and Planning
City of Opa-Locka
777 Sharazad Boulevard
Opa-Locka, Florida 33054
Village Attorney
The Village of Palmetto Bay
3225 Aviation Avenue, Suite 301
Miami, Florida 33133
Planning Director
Village of Pinecrest
12645 Pinecrest Parkway11551 S. Dixio Highway
Pinecrest, Florida 33156
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
~~.ta; City Attorneyl C~+a-lho.."\A.~
\~ City of Sunny Isles Beach
17070 Collins Avenue
Sunny Isles Beach, Florida 33160
Mayor
City of Sweetwater
500 S.W. 109 Avenue
Sweetwater, Florida 33174-1398
City Manager
City of West Miami
901 S.W. 62 Avenue
West Miami, Florida 33144
Miami-Dade County
Director Department of Planning & Zoning
111 N.W. First Street
Miami, Florida 33128
35
Superintendent
The School Board of Miami-Dade County, Florida
1450 N. E. 2 Avenue, Room 912
Miami, Florida 33132
B. Title and Paragraph headings are for convenient reference and are not
intended to confer any rights 'or obligations upon the parties to this
Amended and Restated Agreement.
Section 154-. Mer~er Clause
This Amended and Restated Intorlocal Agreement together with the
Exhibits hereto.. sets forth the entire agreement between the parties and
there are no promises or understandings other than those stated therein. It
is further agreed that no modification, amendment or alteration of this
Amended and Restated Agreement shall be effective unless contained in
a written document executed with the same formality and of equal dignity
herein. The Exhibits to this Amended and Restated Agreement will be
deemed to be incorporated by reference as though set forth in full herein.
In the event of a conflict or inconsistency between this Amended and
Restated Agreement and the provisions in the incorporated Exhibits, then
Amended and Restated Agreement will prevail.
Any amendment to this Amended and Restated Agreement requested by
a local legislative body of the County or a participating municipality will be
placed on a School Board Agenda for consideration within sixty (60) days
of the School Board's receipt of such request. Likewise, any amendments
to this Amended and Restated Agreement requested by the School Board
will be placed on the agenda of the local legislative body of the County
and participating municipalities for consideration, within sixty (60) days of
receipt of the request.
Section 1 So Counterparts Clause
This Amended and Restatedlntorlocal Agreement may be executed in
counterparts and facsimiles shall constitute best evidence for all purposes.
Section 176. Supplementary A~reements
All parties to this Amended and Restatedlntorlocal Agreement stipulate
that the School Board may enter into Supplementary Agreements with
individual municipalities to address individual circumstances. Any such
Supplementary Agreement shall be consistent with the statutes governing
this Amended and Restatedlntcrlocal Agreement.
36
Section 18-7-. Favored Nations
Should the School Board enter into an agreement with another
municipality or County, separate or otherwise, which provides more
beneficial terms than those agreed to herein, the School Board shall offer
the same terms to all other parties to this Amended and Restatedlntcrlocal
Agreement.
Section 1~8. Exempt or Waived Munifipalities
1~8.1. In cases where a municipality or other unit of local government (that
is not a party to this Amended and Restated Agreement by virtue of
statutory exemption or waiver) and whose decisions and/or actions with
respect to development within the municipality's or unit of local
government's jurisdiction, may impact on municipalities or units of local
government which are parties to this Amended and Restated Agreement,
the School Board agrees to contact, through its representatives or
appropriate designees, these non-parties and invite them to become
signatories to this Amended and Restated Agreement. Failure to secure a
response or to have non-signatories become signatories to this Amended
and Restated Agreement shall neither constitute, nor be considered, a
breach of this Amended and Restated Agreement.
1 ~8.2 This section shall not be interpreted to prevent exempt or waived
municipalities from participating in the processes under this Amended and
Restatede Agreement and tho First Supplcmcntall\grcomcnt as they may
relate to any public school facilities located in unincorporated Miami-Dade
County.
Section 20. No Third Party Beneficiaries.
The parties expressly acknowledae that it is not their intent to create or
confer any riahts or obliaations in or upon any third person or entity under
this Amended and Restated Aareement. None of the parties intend to
directly or substantially benefit a third party by this Amended and Restated
Aareement. The parties agree that there are no third party beneficiaries to
this Amended and Restated Aqreement. and that no third party shall be
entitled to assert a claim aaainst any of the parties based upon this
Amended and Restated Agreement. Nothina herein shall be construed as
consent by any agency or political subdivision of the State of Florida to be
sued by third parties in any matter arisinq out of any contract.
IN WITNESS WHEREOF, this Amended and Restated Interlocal Agreement has
been executed by and on behalf of Miami-Dade County, the Cities of City of
Aventura, Town of Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay.
City of Doral, Village of EI Portal, City of Florida City, City of Hialeah, City of
37
Hialeah Gardens, City of Homestead, Village of Indian Croek, Village of Key
Biscayne, City of Miami, City of Miami Beach, City of Miami Gardens, Town of
Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay
Village, City of North Miami, City of North Miami Beach, City of Opa-Locka,
Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny
Isles Beach, City of Sweetwater, and the City of West Miami, and the School
Board of Miami-Dade County, Florida, on this day of
200dZ.
The School Board of Miami Dade County, Florida
Attest:
(print)
By:
, Chair
Attest:
(print)
By:
, Secretary
Approved as to form:
School Board Attorney
38
ATTEST:
BY:
~~~
Jane Ai Hines, City lerk
39
CITY OF SUNNY ISLES BEACH
BY;
GLOSSARY
Contiguous Concurrency Service Areas: Concurrency Service Areas which are
contiguous and touch alonq one side of their outside qeoqraphic boundary.
Affected Local Government: Any iurisdiction within 1,500 feet of, or whose utilities are
utilized bv the property or improvement under consideration bv the School Board.
Ancillary Facilities: The buildinq, site and site improvements necessary to provide
support services to the School Board's educational proqram including, but not limited to
vehicle storaqe and maintenance, warehouses or administrative buildinqs.
Applicant: For the purposes of school concurrency, any person or entity undertakinq a
residential development.
Attendance Boundary: The geographic area which is established to identify the public
school assiqnment of students residinq within that area.
Available Capacity: Existinq school capacity which is available within a Concurrency
Service Area includinq any new school capacity that will be in place or under actual
construction, as identified in the first three years of the School District's Five Year
Capital Plan.
Cities: The municipalities within Miami-Dade County. except those that are exempt from
the Public School Facilities Element. pursuant to Section 163.3177(12), F.S.
Comprehensive Plan: As provided by Section 163.3164(4), F.S., as amended. a plan
that meets the requirements of 163.3177 and 163.3178. F.S.
Concurrency: As provided for in Florida Administrative Code Rule 9J-5.003. the
necessary public facilities and services to maintain the adopted level of service
standards are available when the impacts of development occur.
Concurrency Service Area (CSA): A geographic area in which the level of service for
schools is measured when an application for residential development is reviewed for
school concurrency purposes.
Consistency: See Section 163.3194. F.S.
Development Order: As provided by Section 163.3164(7), F.S., as amended, any
order granting, or qrantinq with conditions, an application for a development permit.
Educational Facility: The buildings and equipment. structures and special educational
use areas that are built. installed or established to serve educational purposes only.
Educational Plant Survey: a systematic study of schools conducted at least every five
years and submitted to the DOE for review and validation. The survev includes an
40
inventory of existinq educational and ancillary plants, and recommendations for future
needs.
Evaluation Report: A report prepared by the School District, identifyinq if school
capacity is available to serve a residential proiect, and -if capacity exists, whether the
proposed development is conceptuallv approved or vested.
Exempt Local Government: A municipality which is not required to participate in
school concurrency when meetinq all the requirements for havinq no siqnificant impact
on school enrollment, per Section 163.3177(12Hb), F.S., or because it has received a
waiver from the Department of Community Affairs per Section 163.31777(1 Hc), F.S.
Financial Feasibility: As provided in Section 163.3164(32), F.S., as amended, sufficient
revenues are currently available or will be available from committed fundinq sources for
the first 3 vears, or will be available from committed or planned funding sources for years
4 and 5, of a 5-year capital improvement schedule for financinq capital improvements,
such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees,
and Applicant contributions, which are adequate to fund the proiected costs of the capital
improvements identified in the comprehensive plan necessary to ensure that adopted
level of service standards are achieved and maintained within the period covered by the
5-year schedule of capital improvements.
Five Year Plan: School District's annual comprehensive capital planning document, that
includes long ranqe planninq for facility needs over a five-year, ten-year and twenty-year
planninq horizon. The adopted School District's Five-Year Work Proqram and Capital
Budqet as authorized bv Section 1013.35, F.S.
Florida Inventory of School Houses (FISH) - Permanent Capacity: The report of the
permanent capacity of existinq public school facilities. The FISH capacity is the number
of students that may be housed in a facility (school) at any qiven time based on a
percentaqe of the total number of existinq student stations and a desiqnated size for
each proqram.
GeoQraphic Area: One of four quadrants (Northwest, Northeast, Southwest, Southeast)
of Miami-Dade Countv as depicted in Exhibit 3 (attached).
Level of Service (LOS) Standard: As provided for in the Florida Administrative Code
Rule 9J-5.003, an indicator of the extent or deqree of service provided by, or proposed
to be provided bv. a facilitv based on and related to the operational characteristics of the
facility.
Local Governments: Miami-Dade County and/or the Cities located within its boundary.
Maximize Capacity Utilization: The use of student capacity in each CSA to the
greatest extent possible, based on the adopted level of service and the total number of
permanent student stations according to the FISH inventory, takinq into account special
considerations such as, core capacity. special proqrams, transportation costs,
qeoqraphic impediments, court-ordered deseqregation, and class size reduction
requirements to prevent disparate enrollment levels between schools of the same tvpe
41
(elementarv, middle, hiqh) and provide an equitable distribution of student enrollment
district-wide.
Permanent School District Facilities: An area within a school that provides instructional
space for the maximum number of students in core-curricula courses which are assiqned
to a teacher based on the constitutional amendment for class size reduction and is not
moveable.
Permanent Student Station: The floor area in a permanent classroom required to
house a student in an instructional program, as determined by the FDOE.
Proportionate Share Mitigation: An Applicant improvement or contribution identified in
a bindinq and enforceable aqreement between the Applicant. the School Board and the
Local Government with iurisdiction over the approval of the plat. site plan or functional
equivalent provide compensation for the additional demand on public school facilities
caused by the residential development of the property, as set forth in Section
163.3180(13)(e), F.S.
Public School Facilities: Facilities for the education of children from pre-kinderqarten
throuqh twelfth qrade operated by the School District.
School Board: The qoverninq body of the School District. a political subdivision of the
State of Florida and a body corporate pursuant to Section 1001.40, F.S.
School District of Miami-Dade County: The School District created and existing
pursuant to Section 4, Article IX of the State of Florida Constitution.
Student Generation Multiplier (SGM): A rate used to calculate the number of students
by school type (elementary, middle, hiqh) and housing type (sinqle-family, multifamilv,
etc.) that can be anticipated from a new residential development.
Type of School: Schools providinq the same level of education, i.e. elementary, middle,
hiqh school, or other combination of grade levels.
Utilization: A ratio showinq the comparison of the total number of students enrolled to
the overall capacity of a public school facilitv within a Concurrencv Service Area (CSA).
42
Exhibit 1
Miami-Dade County School Board Rule 6Gx13- 2C-1.083
43
6Gx13- 2C-1.083
Administrative Operations
EDUCATIONAL FACILITIES PLANNING, SITE SELECTION AND ACQUISITION,
AND CONSTRUCTION
I. Intent --The intent of the School Board is:
A. To establish a broad-based, external educational facilities committee,
to be called School Site Planning and Construction (SSPC)
Committee, to advise the School Board on the implementation of the
District's adopted five-year work program, and to make independent
recommendations to the School Board and the Superintendent of
Schools, which promote internal accountability and facilitate efficient
and effective delivery of public educational facilities throughout Miami-
Dade County.
B. To establish an internal, interdisciplinary staff committee, to be called
Technical Review (TR) Committee to provide staff coordination,
accountability and oversight of the formulation and implementation of
the District's adopted educational facilities plan.
C. To establish policies, procedures and assign responsibilities for the
planning, site selection and acquisition and construction of educational
facilities that will provide for public educational plant needs throughout
Miami-Dade County in accordance with School Board policy and State
law as set forth in Chapter 1013, Florida Statutes (F.S.).
D. To ensure that all priority educational facility projects are included in
the District's adopted educational facilities plan as provided in Section
1013.35, F.S. and that any changes to the adopted educational
facilities plan are supported by identified needs and priorities and
approved by the School Board.
E. To integrate the District's planning, site selection and acquisition and
construction functions so that educational facilities are available on a
timely and cost-effective basis in accordance with the District's
adopted educational facilities plan.
F. To establish policies and procedures for land acquisition In
accordance with Chapter 1013, Florida Statutes.
G. To establish effective procedures for obtaining appraisals pursuant to
Section 253.025, Florida Statutes, and for reviewing said appraisals.
6Gx13- 2C-1.083
H. To establish procedures and assign responsibilities to provide full
information to the School Board on all recommended land purchases
including the estimated cost of any work that must be performed on an
unimproved site to make it usable for the desired purpose, appraisals
of market value obtained in connection with the proposed acquisition,
and any other material information.
II. School Site Planninq and Construction Committee
A. Establishment -- The School Board shall establish as a standing,
external committee, an educational facilities committee, to be called
the School Site Planning and Construction (SSPC) Committee, which
shall include parents, business community representatives,
construction, appraisal and real estate professionals and other
community stakeholders, which shall serve in an advisory capacity
and report directly to the School Board.
B. Purpose -- The purpose of the SSPC Committee shall be as follows:
1. To advise the School Board on the formulation, priorities and
implementation of the District's adopted five-year work program
for educational plants and other related matters;
2. To make recommendations to the School Board on site
acquisitions, including alternatives, if any; and,
3. To make independent recommendations to the School Board
and to the Superintendent of Schools which promote internal
accountability and facilitate more efficient and effective delivery
by the District of public educational facilities throughout Miami-
Dade County.
C. Responsibilities -- The responsibilities of the SSPC Committee shall
be as follows:
1. Provide input, priorities and monitor the formulation,
amendment and implementation of the District's educational
facilities plan and other long-range plans as prescribed by
Section 1013.35, F.S.;
2. Provide input and monitor the District's educational plant
survey as prescribed by Section 1013.31, F.S.;
3. Provide input, monitor and make recommendations including
priorities, to the School Board on the District's annual capital
outlay budget, as prescribed by Section 1013.61, F.S.;
6Gx13- 2C-1.083
4. Provide input, monitor and make recommendations to the
School Board on the District's site facilities planning, site
selection and acquisition, and construction programs and
alternatives, to ensure they are cost-effective and timely;
5. Review and transmit reports to the School Board, which
provide recommendation(s) on site acquisitions, and contain all
relevant site analysis and supporting documentation for the
School Board's review and final action;
6. Review quarterly and forward to the School Board, status
reports on site selection and acquisition activities;
7. Evaluate annually and provide to the School Board a year-end
report on the progress of site acquisition activities and facility
planning and construction programs, and where appropriate
provide recommendations for improved accountability,
efficiency and cost-effectiveness;
8. Provide such other advice or input as may become necessary
to ensure compliance with applicable state statutes and the
adopted educational facilities plan, and respond in writing to
requests from the School Board or the Superintendent of
Schools.
9. Review potential sites for new schools, as well as proposals for
significant renovation, location of relocatables or additions to
existing buildings, and potential closure of existing schools, and
make recommendations on these and all other issues within its
purview under this Rule for consideration by School Board
staff. As part of its deliberations, the SSPC Committee shall
ensure that the affected local governments, as defined under
the Interlocal Agreement for Public School Facility Planning in
Miami-Dade County, and any Supplemental Agreements
hereto, are afforded an opportunity to provide comments and
shall consider those comments in its deliberations.
10. Host a planning forum on an annual basis or more often as
may be needed, to review the School Board's acquisition
schedule and all other relevant issues stipulated under that
certain Interlocal Agreement that was entered into by the
School Board, Miami-Dade County, and all non-exempt local
governments, in accordance with Section 1013.33, Florida
Statutes. The SSPC Committee shall invite a representative
from each of the impacted units of government to participate in
the proceedings and to provide input and comments for
6Gx13- 2C-1.083
consideration by the SSPC Committee in its deliberations. The
forum will review the School Board's acquisition schedule and
all other relevant issues required by statute, and will include
appropriate staff members of the School Board, at least one
staff member of the County, and a representative from each of
the affected non-exempt local governments. Based on
information gathered during the review, the SSPC Committee
will submit recommendations to the Superintendent or
designee.
11. Assign one member to the Historic Schools Working Group
(Working Group) to provide a communications link between the
Working Group and the Committee. The SSPC will review
planning strategies and funding initiatives of the Working
Group for coordination with other district planning and budget
documents as provided, and will receive an annual planning
and progress report from the Working Group for transmittal to
the School Board.
D. Membership -- The SSPC Committee shall be composed of the
following voting members:
A business community representative appointed by the Board
of Trustees of the Greater Miami Chamber of Commerce;
The president of the Dade County PTA/PTSA, or designee;
The chair of the Diversity, Equity and Excellence Advisory
Committee (DEEAC) or designee;
The chair of the Attendance Boundary Committee, or designee;
A real estate appraiser appointed by the Florida Real Estate
Appraisal Board and practicing in Miami-Dade County;
Two real estate experts, one of whom is appointed by the
Realtor Association of Greater Miami and the Beaches,
Commercial Section, and one appointed by the Realtor
Association of Miami-Dade County. One appointee shall
represent the commercial real estate market and one
appointee shall represent the residential real estate market;
A registered surveyor, architect or engineer appointed by the
Chair of the School Board;
A School Board Member appointed on an annual basis by the
Chair of the School Board;
6Gx13- 2C-1.083
A Miami-Dade County representative selected by the County
Manager or designee;
A representative selected by the Miami-Dade County League
of Cities;
A floating member designated by the City Manager of the most
impacted municipality to which an SSPC agenda item relates,
or if it concerns an unincorporated area of Miami-Dade County,
this floating member shall be from the geographically nearest
municipality most impacted by the agenda item;
A member of the residential construction industry appointed by
the Builders Association of South Florida.
A member of the residential construction industry appointed by
the Latin Builders Association.
E. Operation --The SSPC Committee shall operate as follows:
a. Term of appointments and special conditions: Effective April?,
2004, the term for fifty percent (50%) of the appointees of the
SSPC Committee shall be three (3) years, and fifty percent
(50%) of the appointees of the SSPC Committee shall be two
(2) years; the Chair shall delegate which appointees shall serve
two (2) year terms and three (3) year terms. Effective April?,
2006, and thereafter, the term for all appointments and
reappointments shall be two (2) years. Prior to the expiration
of each appointment, the respective appointing entity shall be
requested to make an appointment or reappointment;
b. Quorum and Committee Chair: A quorum shall consist of a
majority of the membership. The SSPC Committee shall elect
a Chair and Vice-Chair every year;
c. Meetinqs: Meetings shall be held regularly on a monthly basis,
unless there is no business to be conducted. Meetings shall
be conducted as prescribed in Section 286.011, F.S., and shall
be advertised at least five working days prior to the regularly
scheduled meeting date. A notice of the meeting shall be
posted at the Citizen Information Center. The meetings shall
be recorded and summary minutes distributed with the
subsequent meeting's agenda packet;
d. Staff Support: The Administrative Director, Facilities Planning,
and the Executive Director, Facilities Planning, shall provide
primary staff support to the SSPC Committee, including
preparation of agenda packets and meeting minutes, analytical
6Gx13- 2C-1 .083
reports and supporting documentation. The Office of the
School Board Attorney shall provide legal support to the SSPC
Committee. The SSPC Committee may from time to time, as
required, request support from other District personnel;
e. Code of Ethics: The SSPC Committee is an advisory body to
the School Board. As such, as provided by F.S. 112.313(1),
the members of the SSPC Committee are subject to the
provisions of the Code of Ethics for Public Officers and
Employees, set forth in Chapter 112, Part III of the Florida
Statutes.
f. Lobbyists: Any and all lobbyists, as defined in School Board
Rule 6Gx13- 8C-1.21, present at an SSPC Committee
meeting, who wish to speak on an item being considered by
the SSPC Committee, shall first execute and file the required
form with the School Board Clerk's Office. A copy of the
executed form shall be made part of the official record for the
SSPC Committee meeting at which the lobbyists are present,
and shall be attached to the minutes of the meeting.
g. Lobbyinq: In the event that a SSPC Committee member is
contacted directly by a lobbyist in connection with any matter
that may foreseeably come before the Committee for action,
the Committee member shall orally disclose such contact at the
meeting in which the matter is up for consideration, and file a
memorandum of voting conflict, if applicable, as may be
required by in the State Code of Ethics for Public Officers and
Employees.
III. Technical Review Committee
A. Establishment -- The School Board shall establish the Technical
Review (TR) Committee, which shall be comprised of District staff
members and which shall serve in an advisory capacity and report
directly to the Superintendent of Schools.
B. Purpose -- The purpose of the TR Committee shall be to provide staff
coordination, accountability and oversight of the formulation and
implementation of the District's adopted educational facilities plan.
C. Responsibilities -- The responsibilities of the TR Committee shall be
as follows:
1. To formulate and recommend to the Superintendent of Schools
and to the SSPC Committee a tentative District facilities
educational facilities plan, as provided in Section 1013.35, F.S.;
6Gx13- 2C-1.083
2. To review and provide oversight of the annual capital outlay
budget report, to include: expenditures, encumbrances and
balances by fund, and a mid-year budget evaluation of project
status of all funded and unfunded projects, against the
approved budget and the undistributed capital contingency, for
possible recommendation for Board action to amend the
budget and educational facilities plan;
3. To review the District's educational plant survey prepared and
submitted by Facilities Planning and Construction, as
prescribed in Section 1013.31, F.S., and transmit same to the
SSPC Committee for review and a recommendation to the
School Board;
4. To submit annually to the SSPC Committee a progress report
on the District's facilities planning and construction programs;
5. To expeditiously review and recommend to the Superintendent
of Schools and the SSPC Committee on any construction
change orders, which exceed the total appropriation for the
particular project;
6. To expeditiously review and recommend to the Superintendent
of Schools and to the School Board on construction change
orders iffunds are available in project contingency, except that
change orders of less than $50,000 may be approved
administratively by the Superintendent or his designee and
subsequently confirmed by the TR Committee;
7. To review and recommend to the Superintendent of Schools
the award or rejection of construction bids, which exceed the
project budget by 5%;
8. To review and recommend to the Superintendent of Schools,
based upon recommended awards of construction bids,
amendments to the affected project budget. Project budgets
should be reduced when construction awards are less than the
amount budgeted or increased when the construction award is
more than the amount budgeted. The source or destination of
such budget amendments should be undistributed contingency
in each affected fund;
9. To review administrative procedures and perform other
functions as assigned by the Superintendent of Schools.
6Gx13- 2C-1.083
D. Membership -- The TR Committee shall be comprised of the following
voting members, or their designees:
Chief Business Officer - Chair;
Administrative Director, Facilities Planning;
Administrative Director, Facilities Operations and Legislative Support;
Chief Financial Officer;
Administrative Director - Maintenance;
Associate Superintendent of School Operations;
Associate Superintendent - Education.
E. Operation -- A quorum of the TR Committee shall consist of a
majority. Meetings shall be held as called by the Chair. Minutes shall
be kept of all meetings and upon approval by the TR Committee a
copy shall be distributed to the Superintendent of Schools and to the
School Board.
IV. Site Selection
A. Use of District's Adopted Educational Facilities Plan -- Only those
sites for projects included within the District's adopted educational
facilities plan shall be investigated and evaluated for potential
purchase by the School Board.
B. Criteria -- Criteria for evaluating and selecting sites for locating
educational facilities shall include or address the following elements:
1. Size and shape of site;
2. Expansion capacity of site;
3. Whether the site is adequate to relieve overcrowding in existing
schools;
4. Whether there are pending or approved charter school
applications which would impact the proposed educational
facility or the site search;
5. Whether the site is reserved in a recorded subdivision, or set
aside for donation or purchase by the School Board as a result
of Developmental Impact Committee (DIC) or Development of
Regional Impact (DRI) approvals;
6Gx13- 2C-1.083
6. Location of site in relation to both the intended service area, as
well as major traffic arteries and accessibility to school buses
and private vehicles for student drop-off and pickup;
7. Site location should seek to the extent practicable to promote
diverse school enrollments, reflecting the broad mix of cultures,
experiences and ideas to be found in the community, through
the consideration of various factors, including but not limited to
the socioeconomic circumstances, unique language needs and
abilities, race and ethnicity of the students to be served;
8. Location of site and potential impact on the attendance
boundaries of surrounding schools;
9. Occupancy of the site, specifically whether any residents will
require relocation;
10. Location of site in relation to existing or planned public
recreation sites, which might make possible the joint use of
facilities;
11. Whether there are any existing or anticipated land uses in the
area, which could adversely affect the site due to traffic
generation, noise, odor, safety or other factors;
12. Whether there are any major street improvements or
expressways planned in the vicinity, which could affect the site
or the intended service area;
13. Whether there are adequate traffic control devices and
sufficient road capacity for the intended use of the site;
14. Whether site access requires crossing a canal, railroad, major
street or other physical barrier or hazard;
15. Whether there are any archeological or historical designations
or any biological, zoning or environmental problems (e.g.,
incinerators, active or inactive dump sites, toxic soil,
underground storage tanks) on the property that could
adversely impact the timely use of the property for the intended
purpose;
16. The extent of site development work that must be done on an
unimproved site in order to make it usable for the intended
purpose;
17. The condition of title to the site or any known title defects;
6Gx13- 2C-1.083
18. The compatibility or incompatibility of present and projected
uses of adjacent properties with the intended use.
C. Site Selection Procedures -- The Chief Business Officer or his/her
designee shall ensure that thorough site selection procedures are
followed, including the following seven-step due process, as described
below. The Chief Business Officer shall have the option to secure the
services of a third party or parties, under contract with the District, to
identify sites and/or negotiate conditional agreements for purchase
and sale of real property on behalf of the School Board, as may be
deemed appropriate.
1. Identify through the appropriate school district regions, the
general search boundaries for the proposed educational
facility, any relevant educational, recreational, and community
requirements that may be applicable, minimum required site
size, and the educational facilities to be relieved;
2. Inventory available sites that meet the search parameters,
including School Board-owned sites, properties designated for
donation to the School Board, properties set aside by
developers or property owners for purchase, as approved by
the School Board, and properties owned by public entities
which may be available under cooperative partnerships;
3. Conduct preliminary due diligence and with input from School
Operations and Transportation staff, identify the sites most
suitable for the intended purpose;
4. Submit to the SSPC Committee the record of all suitable sites
for direction. Pursuant to this direction, authorize the
Superintendent, his designee, or the third party, to execute
conditional purchase and sale agreements based on a not to
exceed purchase price, to be determined by the SSPC
Committee based on a restricted use appraisal report
generated by District authorized licensed appraiser. This shall
be subject to additional due diligence, to include environmental
assessments, site preparation and development costs,
appraisals and any other reviews deemed necessary. As part
of the conditional agreements, a fully refundable deposit not to
exceed 10% of the purchase price, may be deposited in
escrow with the School Board Attorney, as earnest money;
5. Present the results of negotiations for the selected sites to the
SSPC Committee for final ranking if necessary, including any
adjustments of the not to exceed price and a recommendation
to the School Board for approval of the negotiated agreements.
The SSPC Committee shall also consider the need for eminent
domain where negotiations prove unsuccessful;
6Gx13- 2C-1.083
6. Submit recommendation to the School Board for approval of a
purchase and sale agreement, or upon a recommendation by
the SSPC Committee to authorize eminent domain
proceedings;
7. Upon review of the sites and recommended ranking, the
School Board shall accept the sites as ranked or re-rank them
and authorize acquisition. If none of the sites are acceptable,
the School Board shall reject them.
V. Site Acquisition
A. Criteria for Acquisition of Sites for School Facilities
1. Overall suitability of a site for the intended purpose;
2. Total estimated costs to place a site in use for the intended
purpose, including acquisition cost and cost of necessary site
improvements; and
3. The reasonableness of the total cost to acquire and place a
site into use, as compared to other sites or options.
B. Criteria for Oetermininq "Reasonableness" of Costs of Site Acquisition
and Improvements
1. The foundation, or starting point, for determining what is a
reasonable price for the School Board to pay for the acquisition
of land is an appraisal(s) of market value of sites as provided in
Section 253.025, F.S.;
2. Adjustment downward or upward of the appraised market value
of a site based upon the following:
a. Total costs, other than the cost of acquisition, to place
the site in use;
b. Availability of alternative, suitable sites for the project;
c. Both the general real estate market conditions and the
specific real estate market conditions in the geographic
area of the project; and
d. Any other identified factors which may impact the
reasonableness of site acquisition costs, including but
not limited to the total estimated costs of the eminent
domain process to acquire the site as provided by
6Gx13- 2C-1.083
Sections 73.091 and 73.092, F.S., and for the District's
costs for attorneys' fees and other expenses of the
eminent domain.
C. Appraisal Procurement and Review Process -- The Chief Business
Officer or his/her designee shall ensure the following is provided:
1. Initiating, overseeing and documenting the procurement of
professional appraisals of market value of the sites determined
by the School Site Planning and Construction Committee to be
suitable for projects in the District's adopted educational
facilities plan or long-range plan, as required by Section
1013.35, F.S.;
2. Where two appraisals are required under state law, request in
writing a formal professional review appraisal from an
appraiser selected in accordance with Section 253.025(6)(b),
F.S. The reviewing appraiser's certification of the
recommended or approved value of the property shall be set
forth in a signed statement which identifies the specific
appraisal reports reviewed and explains the basis for such
recommendation or approval.
D. NeQotiations and Authorization for the Voluntary Purchase and Sale of
Sites -- The Chief Business Officer or his/her designee shall ensure of
the following:
1. Conducting negotiations within the authorization granted by the
SSPC Committee for the voluntary purchase and sale of sites
suitable for projects included within the District's adopted
educational facilities plan or long-range plan and maintaining a
written record of all such negotiations;
2. Reporting to the SSPC Committee the results of such
negotiations for further input as may be needed;
3. Preparing for presentation to the School Board an item with full
information for the voluntary purchase and sale of a school site
as contained in the site list as ranked by the SSPC Committee,
suitable for the projects included within the District's adopted
educational facilities plan or long-range plan within the price
parameters established by the SSPC Committee, based upon
the criteria for "reasonableness" of cost of site acquisition and
improvements established herein;
4. Ensuring that where the agreed to purchase price exceeds the
appraised value where only one appraisal is required by state
law, or the reviewed appraised value in all other instances, and
6Gx13- 2C-1.083
the School Board finds that the agreed price is reasonable
under the criteria established herein, said purchase is
approved by an extraordinary vote. Extraordinary vote, for
purposes of this section, means a majority vote plus one
additional vote of the members of the School Board present at
the meeting where such action is taken.
E. Acquisition by Eminent Domain
1. In the event that negotiations for voluntary sale of a site for a
reasonable price are unsuccessful, then the SSPC Committee
shall formulate and forward to the School Board an item
recommending the commencement of eminent domain
proceedings as authorized by Section 1013.24, F.S.
2. The item recommending the commencement of eminent
domain proceedings shall include the full record of the site
selection and investigation process;
3. Upon School Board approval, eminent domain proceedings
shall be initiated as provided for in Section 73.015, F.S.
Specific Authority: 1001.41(1)(2); 1001.42(22); 1001.43(10) F.S.
Law Implemented, Interpreted, or Made Specific: 73.015; 73.091; 73.092;
112.313(1); 112.3143; 253.025(6)(b); 286.011; 1013.24; 1013.31; 1013.33; 1013.35;
1013.36; 1013.61, F.S.
History: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
New: 12-12-01
Amended: 4-17-02; 6-19-02; 9-12-02; 5-14-03; 7-14-04
Exhibit 2
Map of Geographic Areas
44
Geographic Areas
To:
Via:
From:
Date:
Re:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City CommissiG
Norman S. Edelcup, May<
Lewis J. Thaler" Vice May<
Roslyn Brezin CommissiOn<
Gerry Goodman Commission<
George "Bud" Scholl, Commission<
(305) 947-0606 City Hall
(305) 792-1565 Fax
(305) 947-2150 Building Department
A. John Szerlag, City Manag<
Hans Ottinot, City A ttorm
Jane A. Hines, City Ctel
MEMORANDUM
Honorable Mayor and City Commission
A. John Szerlag, City Manager
Jorge L. Vera, Assistant City Manager/ Service Division~
Robert Solera, Community Development Director U
December 13, 2007
Amendments to the School Interlocal Agreement
RECOMMENDATION
It is recommended that the City Commission approved the amendments to the School Interlocal
Agreement.
REASONS
The original intent of the School Interlocal Agreement was to foster better cooperation between
local governments and school boards for the purpose of sharing information concerning residential
development, population growth, capital improvements and the building of educational facilities.
Some of the changes to the Interlocal include, creating public schoollevels of service, concurrency
management system between the City and Miami-Dade County Schools, School Board obligation to
provide a financially feasible capital facilities plan, address projected growth in order to maximize
school capacity, provide way to mitigate if concurrency is not met.
These amendments have set the frame work for creating the City's Comprehensive Master Plan
Educational Facilities Element and implementing public school concurrency through the City's
Comprehensive Master Plan
Upon approval by the City Commission, the Interlocal Agreement will be transmitted to the
Department of Community Affairs (DCA), Miami-Dade County and Miami-Dade County Public
Schools.
Finance Department
Agenda Item No.:
Funding available:
To be completed by Department Head
Commission Meeting Date:
BELL ID PLANNING GROU~ INt
NDvigatingFlorida's Planning Requirements
MEMORANDUM
TO:
Mayor and Commission, City of Sunny Isles Beach
FROM:
Alex A. David, AICP
Interlocal Aareement
ded and Restated
lanning in Miami-
DATE:
December 13, 2007
RE:
Executive Summary
Resolution Approving the Proposed.'
Interlocal Agreement for Public School
Dade County"
In 2005, the Florida Legislature adopted Senate Bill 360 w
in Sections 163.31777, .3180 and .1013, Florida Statute
all school interlocal'...a eements be update
statutory mandate to imp e
s then codified
h required that
eflect the new
Additionally, this requirement addresses the need f
governments (exempt are those municipalities wit
annexations and minimal residential building activity.
the necessary comprehensive plan amendmem.f
concu rrency.
non-exempt local
.' 0 schools, no land
school boards to adopt
establish public school
The original intent of the Interlocal Agreement was to foster better cooperation
between local governments and school boards for the purposes of sharing
information concerning residential development, population growth, capital
improvements and the building of educational facilities.
Some of the most important changes to the Interlocal include:
· Creating the Public Schools Level of Service standard for Miami-Dade
County (methodology and implementation mechanisms).
· Creating an automated Concurrency Management System between
the City and Miami-Dade County Public Schools to better track
development and the impacts on public educational facilities.
· The School Board's obligation to provide a financially feasible capital
facilities plan that allows it to meet the adopted levels of service
(concurrency) within the timing specified in the School Board's Work
Program.
· Adding enough capacity in the fifth year of the Work Program to
address projected growth and adjust the Work Program as necessary
in order to maintain the Level of Service, but also maximize school
capacity to the greatest extent possible.
._,,_,$,.":.0;'.
· Providing for ways to 1111 I
contribution of a proportionate fairs .
other options as may be agreed up
municipality and Miami-Dade County Public
c !;)currency is not met, by
"land, buildings, money or
?b.etween the applicant,
als.
· Promoting the sharing of information to a great
These new changes have set the framework for creati
Plan's Educational Facilities Element and implem
concurrency through the City's Comprehensive Plan.
omprehensive
public school
""*"""0:ei;t:;i;:L:_?:ktw_'.~
If approved by the Commi~si0ffi'i;BR~ID
the State Department of Community Affairs,
Dade County Public Schools.
e transmitted to
unty and Miami-
RECOMMENDATION
Approval
2
City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Moyor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
George "Bud" Scholl
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
December 20,2007
Alex A. David, AICP, Vice President
Bell David Planning Group, Inc.
1019 NE 104th Street
Miami Shores, Florida 33138
Re:
EAR-Based Amendments Interlocal
Dear Mr. David:
At its regular meeting of December 13, 2007, the City Commission sitting as the
City Commission or as the Local Planning Agency adopted the following
legislation:
1) LPA Resolution No. 2007-46 and an Ordinance on 1st Reading; and
2) LP A Resolution No. 2007-48 and Ordinance No. 2007-295; and
3) Resolution 2007-1192.
Attached is a copy of the approving legislation, as requested.
Further, it is understood that you will process the Interlocal Agreement (Exhibit
"A" to Resolution No. 2007-1192) with Miami-Dade County School Board
("School Board"). As such, enclosed are two (2) original Interlocal Agreements
for signature by the School Board. The Agreements have already been executed
by the appropriate Sunny Isles Beach parties.
Upon execution by the School Board, please return an ori2inal, executed
A2reement to my attention for our record.
Thanking you in advance.
Very truly yours,
~c:Q~l()~
Priscilla Walker, CMC
Deputy City Clerk
Attachments
cc: A. John Szerlag, City Manager (w/o attachments)
Hans Ottinot, City Attorney (w/o attachments)
EAR Amendments Trans to Bell David Ltr
r
.
Priscilla Walker
From:
Sent:
To:
Cc:
Subject:
alex@belldavid.com
Friday, December 14,200710:51 AM
Hans Ottinot
John Szerlag; Jorge Vera; jerry@belldavid.com; Jane Hines; Priscilla Walker
Re: EAR-based Amendments Interlocal and Ed Fac Element
Thanks so much
Sent from my Verizon Wireless BlackBerry
-----Original Message-----
From: "Hans Ottinot" <HOttinot@sibfl.net>
Date: Fri, 14 Dec 200710:22:07
To:<alex@belldavid.com>
Cc:"John Szerlag" <jszerlag@sibfl.net>,"Jorge Vera"
<JVera@sibfl.net>,<jerry@belldavid.com>,"Jane Hines" <JHines@sibfl.net>,"Priscilla
Walker" <PWalker@sibfl.net>
Subject: RE: EAR-based Amendments Interlocal and Ed Fac Element
By copying Jane Hines,
I am asking her to forward the documents you requested to you.
Hans Ottinot
City Attorney
City of Sunny Isles Beach
18070 Collins Avenue, 4th FL
Sunny Isles Beach, FL 33160
Phone: 305-792-1702
Fax: 305-792-1562
Please note:
Florida has a very broad public records law. Most written communications to or from
government officials regarding government business are public records available to the
public and media upon request. Your e-mail communications may therefore be subject to
public disclosure.
From: Alex David [mailto:alex@belldavid.com]
Sent: Friday, December 14, 2007 10:16 AM
To: Hans Ottinot
Cc: John Szerlag; Jorge Vera; jerry@belldavid.com
Subject: EAR-based Amendments Interlocal and Ed Fac Element
Good Morning! Hope you're all rested from last night! Just wanted to confirm that we will
need a few things from the City for the packages. We'll need the Ordinance adopting the
EAR-based Amendments, the Resolution approving the Interlocal, the signature page from the
Interlocal to attach (after it's all signed), and the Ordinance from First reading for the
Ed Facs package.
Let me know if you have any questions. Thanks
Alex A. David, AICP, Principal
Bell David Planning Group
(786) 514-0121
www.belldavid.com
1
f
PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN
COMMUNICATIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS
AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE
BE SUBJECT TO PUBLIC DISCLOSURE.
2