2008-26762 ResoRESOLUTION NO. Zoos-26762
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDED AND
RESTATED INTERLOCAL AGREEMENT 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 2005 Growth Management Act, which
amended Chapters 163.31777 and 1013.33, Florida Statutes, all school interlocal
agreements are required to provide a process by which public school
concurrency can be administered on a uniform basis throughout the County; and
WHEREAS, the attached Amended and Restated Interlocal Agreement
meets the minimum requirements outlined in Sections 163.31777 and 1013.33,
F.S.: and
WHEREAS, the Administration and City Attorney's Office have
participated in negotiating sessions with representatives of the Miami-Dade
County School Board and other local governments in Miami-Dade County, and
the attached Interlocal Agreement has been adopted by the School Board; and
WHEREAS, the Administration and City Attorney's Office recommend the
execution of the attached Amended and Restated 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
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Mayor and City Clerk are hereby authorized to execute the attached Amended
and Restated Interlocal Agreement, including such modifications thereto that are
acceptable to the City Attorney 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.
PASSED and ADOPTED this 13th day of February , 2008.
ATTEST:
Matti H. Bower MAYOR
W~~-~/\
CI Y CLERK Robert Parcher
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
G~ ~ ~ 2 4 4~
qi1 City Attorney Date
F:\PLAN\$PLB\Comp Plan Amendments\school interlocal agrmnt\interlocal reso - 2008.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and Commissioners of the City of Miami Beach adopting the Amended and
Restated Interlocal Agreement for Public School Facility Planning in Miami-Dade County Florida
Ke Intended Outcome Su orted:
Re ulato Mandated b State of Florida 2005 Growth Mana ement Act
Supporting Data (Surveys, Environmental Scan, etc.: Regulatory
Issue:
Should the City Commission adopt the Amended and Restated Interlocal Agreement as mandated by the
State of Florida 2005 Growth Management Act and authorize the Mayor and City Clerk to execute such
A reement'
SECOND READING AND
Pursuant to the 2005 Growth Management Act, which amended Chapters 163.31777 and 1013.33, Florida
Statutes, all school interlocal agreements are required to provide a process by which public school
concurrency can be administered on a uniform basis throughout the County the attached Amended and
Restated Interlocal Agreement meets the minimum requirements outlined in Sections 163.31777 and
1013.33, F.S
The Administration recommends that the City Commission approve the proposed resolution and authorize
the Mayor and City Clerk to execute the agreement.
etoara Recommendation:
On February 5, 2008, the Administration wrote a Letter to Commission providing preliminary information
on the process for adoption of the school interlocal agreement and amendments to the Comprehensive
Plan Amendment creating a public school facilities element.
Financial Information:
Scurce of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
The ro osed A reement is not ex ected to have an fiscal im act.
Jorge Gomez or
Si n-Offs:
D partment Di for A nt City Manager City Manager
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T:W DA OS\February 13\Reg arN 8 School interlocal agreement adoption sum.doc v
m MIAMIBEACH AGENDA ITEM ~~~
~ DATE a~13'~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Centar Drive, Miami Beach, Florida 33139, viww.miamibeachH.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manage
DATE: February 13, 2008
SUBJECT: Interlocal Agreement regarding Coordination of Land Use and
School Facilities Planning
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDED AND RESTATED
INTERLOCAL AGREEMENT 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.
The Administration recommends that the City Commission adopt the resolution.
The current Interlocal Agreement, which was adopted in 2003, established the coordination
processes currently used by Miami-Dade County, the Cities of Miami-Dade County and
Miami-Dade County Public Schools when implementing school related policies. The
Legislature amended Chapters 163 and 1013, Florida Statutes in 2005 to require school
boards and local jurisdictions to adopt public school elements in their Comprehensive Plan
and implement school concurrency. As a result, all school interlocal agreements are
required to provide a process by which public school concurrency can be administered on a
uniform basis throughout the County.
The Interlocal Agreement was developed through the participation and oversight of the
Miami-Dade Planners Technical Committee, the Staff Working Group and the School
Board's concurrency Task Force over the past two years. These committees are composed
of membership of professional planners representing local governments in Miami-Dade
County, cities' appointees to the Staff Working Group of the Interlocal Agreement for Public
School Facility Planning, and appointees by the School Board to the concurrency Task
Force.
City Commission
Adoption of Interlocal Agreement
February 13, 2008 Page 2
At its August 17, 2005 meeting, the School Board authorized the creation of a School
Concurrency Task Force (Task Force to provide recommendations for the implementation of
a school Concurrency system as mandated by the 2005 Growth Management Legislation.
The new legislation seeks to ensure that adequate school infrastructure is available and
concurrent with growth. Appointees to the Task Force included representatives ofthe School
Board, builders' associations, and elected officials from some local governments. The Task
Force authorized the Staff Working Group (SWG) to serve as the technical body to formulate
the required growth management documentation.
There was also a close working partnership of the Committee with the State Department of
Community Affairs and the South Florida Regional Planning Council.
ANALYSIS
The following is a summary of the Amended and Restated Interlocal Agreement:
Reflect the Countywide Level of Service (LOS) standard for public schools and
provide a methodology for calculating the LOS standard.
Outlines how new development will be evaluated for its impacts on school capacity
and the LOS standard (Concurrency) and commits the School Board to providing a
financially feasible plan for maintaining the LOS standard.
The Amended and Restated Interlocal Agreement must be executed by the County,
School Board and non-exempt municipalities and transmitted to DCA, along with the
adopted amendments to the Comprehensive Plan.
To this end, Planning Department staff has 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:
Section 3.6 - A Public Schools Facility Element- This section outlines a schedule for
review of the Interlocal Agreement and any new legislation by the Staff Working
Group (comprised of the County and all municipalities) Note: the City of Miami
Beach has a staff person appointed to the Group] to maintain consistency with State
law. Additionally, the section requires the School Board to annually update the
District Facilities Work Program to add a fifth year and maintain financial feasibility.
Section 7 -Local Planning Agencv Comprehensive Plan Amendments Re-zonings
and Developments of Regional Impact -This section was modified to include new
procedures by which development, that may impact the public schools, will be
reviewed by the School Board. It allows the School Board to attend Planning
Advisory Board meetings, as well as Community Zoning Appeal Board hearings and
give input into applications that may impact schools.
Section 9 -Implementation of Public School Concurrencv. This section is new and
contains amendments that establish school Concurrency, provides mechanisms for
coordinating the development, adoption, and amendment of the Miami-Dade County
Public Schools Facilities Work Program, as well as the Public School Facilities,
Intergovernmental Coordination and Capital Improvements Elements of the County
City Commission
Adoption of Interlocal Agreement
February 13, 2008 Page 3
and Cities' comprehensive plans, in order to implement a uniform district wide public
school concurrency system as required by law.
The Implementation of Public School Concurrency section includes
mechanisms to implement a uniform district wide public school concurrency
system as required by law: Capacity Methodology and Formula for
Availability, Level of Service Standards, Concurrency Service Areas, Student
Generation Multipliers, Concurrency Management System, Proportionate
Share Mitigation, and Exemptions and Vested Development.
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.
CONCLUSION
It is recommended that the City Commission adopt the attached resolution authorizing
execution of the Agreement.
jJMG/TH/JGG/ML