HomeMy WebLinkAbout2003-25139 Reso RESOLUTION NO. 2003-25139
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED
INTERLOCAL AGREEMENT, INCLUDING SUCH
MODIFICATIONS THERETO THAT ARE ACCEPTABLE TO THE
CITY ATTORNEY AND CITY MANAGER, BETWEEN THE MIAMI-
DADE COUNTY SCHOOL BOARD, AND ALL LOCAL
GOVERNMENTS WITHIN MIAMI-DADE COUNTY, AS
REQUIRED BY THE FLORIDA LEGISLATURE, IN ORDER TO
IMPROVE COORDINATION BETWEEN LOCAL GOVERNMENT
LAND USE PLANNING AND SCHOOL BOARD FACILITIES
PLANNING, AND OTHER RELATED MATTERS, AND TO
EXECUTE SUCH OTHER DOCUMENTS AS MAY BE
NECESSARY TO CARRY OUT THE INTENT HEREOF.
WHEREAS, the Florida Legislature in the 2002 legislative session,
adopted legislation codified at Sections 163.31777 and 1013.33, Florida Statutes,
which mandate the execution of interlocal agreements between school boards
and local governments throughout the State of Florida in order to improve
coordination between such school boards and local governments with respect to
land use planning and school board facilities planning, and other related matters;
and
WHEREAS, pursuant to the adoption submittal schedule noticed in
Volume 28, Number 29 of the Florida Administrative Weekly on July 19, 2002,
the Miami-Dade County School Board and Miami-Dade County local
governments must execute the required interlocal agreement by March 1, 2003;
and
WHEREAS, the attached interlocal agreement meets the minimum
requirements outlined in Sections 163.31777 and 1013.33, Florida Statutes; and
WHEREAS, the Administration and City Attorney's Office have
participated in negotiating sessions with representatives of the School Board and
other local governments in Miami-Dade County, and the attached Interlocal
Agreement has been adopted by the School Board, and meets the minimum
requirements outlined in Sections 163.31777 and 1013.33, Florida Statutes; and
WHEREAS, the School Board Administration has also approved for
adoption by local governments in Miami-Dade County the First Supplemental
Agreement to the Intedocal Agreement, containing changes agreed to since the
adoption of the Interlocal Agreement; and
lof2
WHEREAS, the Administration and City Attorney's Office recommend that
execution of the attached Interlocal Agreement, and the First Supplemental
Agreement to the Interlocal Agreement, including such modifications thereto that
are acceptable to the City Attorney and the City Manager, be authorized;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
Mayor and City Clerk are hereby authorized to execute the attached Interlocal
Agreement, and the First Supplemental Agreement to the Interlocal Agreement,
including such modifications thereto that are acceptable to the City Attomey and
the City Manager, between the Miami-Dade County School Board, Miami-Dade
County, and other local governments within Miami-Dade County, for the
purposes expressed above and in the agreement, subject to the proviso that the
execution of the Interlocal Agreement is subject to the School Board's execution
of the First Supplemental Agreement.
PASSED and ADOPTED this 26th day
February ,2003.
ATTEST:
CITY CLERK
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
'City Attorney Date
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CITY OF. MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission authorizing the Mayor and the City Clerk to execute an
interlocal agreement with the Miami Dade School Board as required by Florida Statutes to improve
coordination between land use and school facilities plannin~h
~ssue:
The spring 2002 Florida legislative session amended Sections 163.31777 and 1013.33 F.S. requiring the
execution of an interlocal agreement with the local school board. Should the City Commission authorize
the Mayor and the City Clerk to execute such agreement and any and to execute such other documents as
ma)/be necessary to carry out the intent thereof?
Item Summary/Recommendation:
The Administration recommends that the City Commission adopt the attached resolution authorizing
execution of the I nterlocal Agreement and the Supplemental Agreement in order to comply with the Florida
Statutes mandate of adoption by March 1,2003.
Advisory Board Recommendation:
On February 10, 2003, during a joint meeting of the Land Use and Development, Neighborhoods and
Quality of Education Committees resolve to refer this item to the City Commission for discussion.
Financial Information:
Finance Dept.
City Clerk's Office Legislative Tracking:
Mercy Lamazares/Jorge G. Gomez, Planning Department
Si, n-Offs:
T:~AGENDA~003\feb0503~regular~school interlocal agrmnt sum 2-5-03.doc
DATE
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~. ^.¢.Z
City Manager /~ iv" 0
Intedocal Agreemeht regarding Coordination
Facilities Planning
Date: February 26, 2003
of Land Use and School
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT, INCLUDING SUCH
MODIFICATIONS THERETO THAT ARE ACCEPTABLE TO THE CITY
ATTORNEY AND CITY MANAGER, BETWEEN THE MIAMI-DADE COUNTY
SCHOOL BOARD, AND ALL LOCAL GOVERNMENTS WITHIN MIAMI-DADE
COUNTY, AS REQUIRED BY THE FLORIDA LEGISLATURE, IN ORDER TO
IMPROVE COORDINATION BETWEEN LOCAL GOVERNMENT LAND USE
PLANNING AND SCHOOL BOARD FACILITIES PLANNING, AND OTHER
RELATED MATTERS, AND TO EXECUTE SUCH OTHER DOCUMENTS AS
MAY BE NECESSARY TO CARRY OUT THE INTENT HEREOF.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the resolution.
BACKGROUND
During its spring 2002 session, the Florida Legislature adopted S.B. 1906, establishing
requirements for the coordination of land use and school facilities planning efforts at the
local level. Central to this effort is the mandatory statewide execution of interlocal
agreements between school boards and local governments. Pursuant to the adoption
submittal schedule noticed in Volume 28, Number 29 of the Florida Administrative Weekly
on July 19, 2002, the Miami-Dade County School Board and Miami-Dade County local
governments must adopt the required interlocal agreement by March 1,2003.
To this end, Planning Department staff have been working for several months with the
South Florida Regional Planning Council, Miami-Dade School Board, Miami-Dade Planners
Technical Committee and our City Attorney's office in adapting the model agreement
provided by the Florida Department of Community Affairs to the local needs. Florida
Statutes require that the interlocal agreement, at a minimum, must address the following
issues:
Commission Memorandum
School Interlocal Agreement
February 26, 2003
Page 2 of 3
A process by which each local government and the school board agreed and base their
plans on consistent projections of the amount, type and distribution of population
growth and student enrollment.
· A process to coordinate and share information relating to existing and planned public
school facilities and local government plans for development.
· Participation by the local government with the school board in the process of
evaluating, among other things, new site selection before land acquisition.
· A process for determining the need and timing of improvements to support new,
proposed expansion or redevelopment of existing schools.
· A process for the school board to inform local government regarding school capacity.
· Participation of the local government in the preparation of the annual update to the
school board's 5-year facilities work program and educational plant survey.
· A process for determining where and how joint use of either school board or local
government facilities can be shared for mutual benefit and efficiency.
· A procedure for the resolution of disputes between the school board and the local
government.
The attached agreement meets the statutory requirements and is the result of a
coordinated and collaborative effort among the City of Miami Beach, the Miami-Dade
County School Board, Miami-Dade County, the South Florida Regional Planning Council
and a number of other local governments.
At the February 5, 2003 meeting, the City Commission referred this item to a joint meeting
of the Land Use and Development, Neighborhoods and Quality in Education Committees.
The joint meeting occurred on February 10, 2003, at which time a decision was made to
refer the Agreement back to the Commission for discussion at the February 26, 2003
meeting.
Since the joint meeting occurred, the City Attorney's Office has been meeting with
attorneys for other municipalities and representatives of the School Board,
negotiating to include provisions to assuage the concerns expressed during the
meeting. Attached is a draft Supplemental Agreement to the School Board Interlocal
Agreement, which is presently being reviewed by School Board staff and counsel for
other municipalities. This Supplemental Agreement addresses the following issues:
Section 1.1:
Advances the scheduling of the "staff working group" to aid in the
2003-04 school planning process.
Commission Memorandum
School Interlocal Agreement
February 26, 2003
Page 3 of 3
Section 1.2:
Section 3.3:
Section 4.1:
Section 6.2:
Section 7.1:
Section 7.2:
Section 7.6:
Section 10.1:
Provides for a review after one year of the Interlocal Agreement.
Encourages the school board to involve local governments, industry
and citizens in impact fee review and recommendations.
Provides for amendments to School Board rules prior to the May 14,
2003 meeting of the School Site Planning and Construction
Committee.
Removes the "to the extent feasible" language from the provision
requiring compliance with the City's comprehensive plan and land
development regulations.
Makes the appointment of school board staff representatives to local
planning agencies subject to the requirements of state law.
Provides minor changes to the manner in which the Florida Inventory of
School Houses (FISH) is used in review of development proposals, and
how a procedures manual will be developed.
Provides for a failure to submit comments by the School Board on a
comprehensive plan amendment, rezoning, or development project to
be deemed a "no comment."
Provides a timetable for an annual report on the implementation and
effectiveness of the Agreement.
CONCLUSION
It is recommended that the City Commission adopt the attached resolution authorizing
execution of the Interlocal Agreement and the Supplemental Agreement in order to comply
with the Florida Statutes mandate of adoption by March 1,2003.
JMG\CMC\JGG\ML
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