1st Supplemental Agreement FIRST SUPPLEMENTAL AGREEMENT
TO
INTERLOCAL AGREEMENT
FOR
PUBLIC SCHOOL FACILITY PLANNING
IN MIAMI-DADE COUNTY
This First Supplemental Agreement (hereinafter referred to as the "Supplemental
Agreement") to the Interlocal Agreement for Public School Facility Planning in
Miami-Dade County (hereinafter referred to as the "Agreement") is entered into
between The School Board of Miami-Dade County, Florida, a political subdivision
of the State of Florida, (hereinafter referred to as "School Board"), and one or
more of the following local governments in Miami-Dade County, whose joinder in
the Supplemental Agreement is indicated by their execution hereof: Miami-Dade
County, a political subdivision of the State of Florida (hereinafter referred to as
"County"), the Cities of City of Aventura, Town of Bay Harbor Islands, City of
Coral Gables, Village of El Portal, City of Florida City, City of Hialeah, City of
Hialeah Gardens, City of Homestead, Village of Indian Creek, 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 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.
RECITALS
WHEREAS, the County, Cities and the School Board have entered into the
Interlocal Agreement for Public School Facility Planning in Miami-Dade County;
and,
WHEREAS, the County, Cities and the School Board agree that certain non-
substantive refinements to the Agreement are appropriate to improve the process
contemplated in the Agreement; and
WHEREAS, Paragraph 16 of the Agreement provides that the School Board may
enter into Supplementary Agreements with individual municipalities to address
individual circumstances; and
WHEREAS, Paragraph 17 of the Agreement provides that should the School
Board enter into an agreement with another municipality, separate or otherwise,
which provides more beneficial terms than those agreed to in the Interlocal
Agreement, the School Board shall offer the same terms to all other parties to
this Interlocal Agreement; and
WHEREAS, the School Board and certain municipalities desire to enter into this
Supplemental Agreement, addressing certain non-substantive matters on which
the parties have reached agreement.
AGREEMENT
NOW THEREFORE, be it mutually agreed between the School Board, the
County and the Cities that the Agreement is modified to provide for the following
amended procedures to be followed in coordinating land use and public school
facilities planning:
Section 1.1:
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 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),
collocation and joint use opportunities, and ancillary infrastructure
improvements needed to support the school and ensure safe
student access. Representatives from the Regional Planning
Council, the Latin Builders Association and the Builders Association
of South Florida will also be invited to attend and participate. The
initial meeting of the working group shall be held within 60 days of
the date of execution of the interlocal agreement, upon at least 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 the
initial meeting to occur in a timely manner to provide meaningful
participation by local governments in the School Board's 2003-04
planning process.
Section 1.2:
The School Board Superintendent and/or designee shall coordinate
bi-annual joint workshop sessions and invite one or more
representatives of the County Commission or their designee, the
governing body of each City or their designees, and the School
Board or their designee (s). A representative of the Regional
Planning Council will also be invited to attend. The School Board
shall provide the meeting invitations with at least 30 days advance
written notice of such meeting to the person designated as a
contact in this Agreement. The initial joint workshop session shall
be 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 Agreement; provided however, that any such
modifications and amendments shall be consistent with the statutes
governing the Agreement. Modifications and amendments shall be
considered by each party to this Agreement in accordance with
Section 14. 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, school
capacity, school funding, options to reduce the need for additional
permanent student stations, and joint use opportunities.
Section 3.3:
The County and the School Board shall annually review 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. Among the goals of this
annual 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 alignments
of benefit districts throughout the County. Such benefit districts
should combine urban infill and emerging development areas within
the County. The School Board and County are encouraged to
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provide for local qovernment. industry and citizen participation and
input prior to submittinq recommendations to the Board of Countv
Commissioners for substantive revisions to the Educational
Facilities Impact Fee Ordinance. its formula. and/or the Educational
Facilities Impact Fee Methodoloqv and Technical Report, includinq
the adiustment of impact fee structure or benefit district boundaries.
Section 4.1 :
The School Board staff shall endeavor to ensure rule makinq
proceedinqs are completed bv the Mav 14, 2003 meetinq, so that
final readinq is qiven to the amendment to as soon as possible
aftor the Interlooal I\grooment is effeotive as te any party shall
amend its rule 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 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 proiected completion of rule makinq proceedinqs bv
the School Board's Mav 14, 2003 meetinq, the School Board staff
shall endeavor to ensure the SSPCC is operational and holds its
initial meetinq bv June 2003, to provide meaninqful participation to
local qovernments in the School Board's 2003-04 planninq process.
In the event that this rule change is not accomplished as required
herein, the School Board shall approach the Cities and County and
negotiate an amendment to this Agreement with a mutually
acceptable alternative 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.
Section 6.2:
The School Board will coordinate any and all proposed construction
or expansion of public educational facilities, including the location of
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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 their comments to
the School Board as expeditiously as feasible, and not later than
sixty (60) days after receipt of the complete site plan.
Section 7.1:
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, as a
non-voting member, to attend meetings of their local planning
agencies or equivalent agencies that first consider comprehensive
plan amendments and rezonings at which comprehensive plan
amendments and rezonings are considered that would, if approved,
increase residential density. The County and Cities may, at their
sole discretion, appoint such School Board representative to the
planning agency, and grant voting status to the School Board
member.
Section 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 development and redevelopment proposals are
proposed that would create an increase in the number of residential
units. It shall be the responsibility of School Board staff to review
the potential impact of a proposed (re) development based on
current Florida Inventory of School Houses (FISH) capacity (both
permanent and relocatables) and be prepared to convey this
information in writing to the local staff development review
committees at least five days prior to the meeting or development
review committee review, for their consideration. The School Board
shall only be required to provide such review where the proposed
(re) development will result in an increase in FISH capacity
(permanent and relocatables) in excess of 115%, except when
such review is requested by the local staff development review
committee. This figure shall be considered only as a review
threshold and shall not be construed to obligate the County or a
City to deny a 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. A copy of the plans shall be delivered to the
School Board representative at least 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 methods set forth in the procedures manual to be adopted in
accordance with the provisions set forth in this Agreement. The
procedures manual shall be- developed 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.
Section 7.6:
In the review and consideration of comprehensive plan
amendments, rezonings, and development proposals, 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 30 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;
Section 10.1:
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 the interlocal agreement. The School
Board shall organize and staff the meetings of this Committee,
calling on the staff working group for assistance as needed. It shall
provide thirty (30) days written notice of any meeting to the
members of the Committee, the staff working group, the SSPCC,
County, Cities and to the public. 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 interlocal agreement. The
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 60 days prior to the
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annual meeting of the 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
Agreement. Meetings of the Committee shall be conducted as
public meetings, and provide opportunities for public participation.
All other provisions of the Interlocal Agreement are incorporated herein
by reference to the extent not inconsistent herewith.
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by
and on behalf of the School Board of Miami-Dade County, Florida, Miami-
Dade County, the Cities of City of Aventura, Town of Bay Harbor Islands, City
of Coral Gables, Village of El Portal, City of Florida City, City of Hialeah, City
of Hialeah Gardens, City of Homestead, Village of Indian Creek, 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 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, on this a.8-l!>
day of j-ohJ1l1{1~, 2003.
The School Board of Miami Dade County, Florida
(print)
By:
(print)
7
First Supplemental Agreement
to Interlocal Agreement for
Public School Facility Planning
in Miami-Dade County
Execution is approved
by Resolution ~- P-GI3~/
ATTEST:
CITY CLERK
~I/~MI BEACH
, ~-----~,,
~DCATED
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
A~'~'dR~EY
DATED
F:\atto\HELG~Agreements\School Board\Signature page for First Supp. Agreement.doc