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HomeMy WebLinkAboutDocumentation_Regular_Tab 15_12/14/2006VILLAGE OF TEQUESTA MEETING AGENDA ROUTING SHEET MEETING DATE: December 14, 2006 REQUESTED ACTION/SUMMARY: Approval of a contract with JLH Associates in the amount of $35,000.00 for preparation of an EAR Report (Evaluation Appraisal Report) required to amend the Comprehensive Plan of the Village of Tequesta. RESOLUTION OR ORDINANCE NUMBER: Res # 19-06/07 ORIGINATING DEPARTMENT: Community Development FUNDING SOURCE: 2006/2007 BUDGET ACCOUNT NUMBER: 001-150 531.322 CURRENT BUDGETED AMOUNT AVAILABLE: $ 50,000. AMOUNT OF THIS ITEM: $ 35,000. AMOUNT REMAINING AFTER THIS ITEM: $ 15,000. BUDGET TRANSFER REQUIRED: ^ Yes X No APPROPRIATE FUND BALANCE: ^ Yes X No Piggyback Contract Name and #: Or Competitive Bid # APPROVALS: DEPARTMENT HE~f~: FINANCE DIRECTOR: VILLAGE MANAGER: ` ; LLc.}%Lct L. ~ w` VILLAGE MANAGER RECOMMENDATION: APPROVE ITEM: ~'•• DENY ITEM: ^ ~, VILLAGE ATTORNEY: APPROVED FOR LEGAL SUFFICIENCY ^ Yes X No ^ Not Applicable (n/a) RESOLUTION NO. 19-06/07 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A CONTRACT WITH JLH ASSOCIATES FOR PREPARATION OF AN EVALUATION AND APPRAISAL REPORT (EAR) IN THE AMOUNT OF $35,000.00, REQUIRED TO AMEND THE COMPREHENSIVE PLAN OF THE VILLAGE OF TEQUESTA, WITH FUNDING AVAILABLE IN ACCOUNT # 001-150-531.322, MISC PLANNING SERVICES, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. Whereas, The Evaluation and Appraisal Report is required by March 1, 2007, as a preliminary document in preparing amendments to the Village of Tequesta Comprehensive Plan, required to be reviewed every ten (10) years; and, Whereas, JLH & Associates prepared the prior EAR Report in 1996 for the Village of Tequesta; and, Whereas, JLH & Associates has the historic knowledge and experience to prepare this report in a timely and cost effective manner; and, Whereas, this resolution shall take effect immediately upon its adoption. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Approval of the contract with JLH Associates for preparation of an evaluation and appraisal report (EAR), in the amount of $35,000.00, required to amend the Comprehensive Plan of the Village of Tequesta with funding available in account # 001-150-531.322, Misc. Planning Services, and authorizing the Village Manager to execute the same on behalf of the Village. ~ THE FOREGOING Councilmember follows: FOR ADOPTION RESOLUTION WAS OFFERED by Councilmember _, who moved its adoption. The motion was seconded by and upon being put to a vote, the vote was as AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this A.D., 2006. MAYOR OF TEQUESTA day of Jim Humpage ATTEST: Village Clerk Vllage of Tequesta Purchase Order Requisition Date: Date Purchase Order is Req'd: Department: Req. #: 8/3/2006 ASAP De t. of Commuri Dev. Quotes Received: 1 (See Attached) Vendors Bids Recommended Vendor: JLH Associates Vendor #: 0150 1 JLH Associates ~ ,~~ C! Address: 8557 SE Coconut Street 2 ~•~,, ~ u ~ i,' ~ ~ .~ -7~(> . City: Hobe Sound 3 State 8~ Zip: FL 33455 ATTN: Jack Homiman Comments: JLH re ared the Au ust 1996 EAR, Evaluation raiser Re ort, a document re uired b the State in re aration for a revision in Febru 1998, for the Vllage Com ehensive Plan. Our current EAR is re uired by March 1, 2007. We wish to roceed with JLH & Associates because the have the historic knowledge and expe rience to achieve our al without unnec del for research, effiaent cost in re oration and reduced time b staff. This item was a roved in the 2007/2008 Bud et for $35,000. Manuf./ Item Descri lion Part# Q Unit Price Total Cost Account # Available Balance Finance Use Onl EAR REPORT 1 $35,000.00 $35,000.00 001.150.531-322 Plannin Services Total: $35,000.00 Finance/Administrative Use Only: ~,,~~ , De artment Head Si nature: ~ Date: ~f ,~ Finance Director Si nature: ,!~ „ `~ ~ / ',; Date: ~- `'~~~ ~% Vlla a Mana er royal: Date: l~~ ~~ ~ ~` VNa a Council royal: Resolution #: Date: PO#: Processed By: Date: To: Mayor and Council Date: 1130-06 RE: EAR Report An EAR, Evaluation Appraisal Report is a document required by the Department of Community Affairs as an evaluation of current development conditions in the Village, in preparation for the review and revision of the Comprehensive Plan, a process which is done every 10 years. In past years, the state had not been able to keep up with their review of the municipalities EAR Reports due to a lack of staffing. At present, they have set up deadlines for the EAR Reports from the municipalities and are prepared with the necessary staff to review them. The DCA has set a deadline for Tequesta at March 1, 2007. The EAR Report takes time for research and evaluation which translates into costs. An experienced consultant such as Lux Consulting Services, Carol Lux (a prior planner/employee with the Village of Tequesta, and JLH Associates, Jack Horniman (the consultant who prepared the last EAR Report in 1996 for our 1998 revision to the Comprehensive Plan) have the necessary historic knowledge of Village planning and prior reports and documents to produce a timely and cost efficient report. Any other consultant would need to research a vast amount of information to draw the necessary conclusions to prepare the EAR Report. This would take an excess of time and labor and put us past our deadline. We have chosen JLH Associates because of their preparation of the last EAR Report and the fact that we have established a good working relationship as they consulted with us over the past year and prior. Respe~tf ,~br~~t~ed~/ Catherine Harding Community Development bisector ASSOCIATES city planning 6 zoning • lobbying • permitting • land development research l.AG~ OF October 20, 2006 '~ ~ ~ U ~' ~ TA Ms. Catherine Harding, Director Department of Conununity Development Village of Tequesta 250 Tequesta Drive, Suite 305 Tequesta, FL 33469 OCT 2 4 2006 DEPARTMENT OF C®11,-1MtJNITY DEVELOPMENT Dear Ms. Harding, it is my understanding that the Village of Tequesta is. seeking professional planning assistance in the preparation of the Evaluation and Appraisal Report (EAR) to its Comprehensive Plan. JLH Associates has extensive experience in the preparation of Comprehensive Plans and in the EAR process pursuant to Florida Statutes and Florida Administrative Code requirements. In fact, JLH Associates prepared the Village of Tequesta's last EAR in 1996. JLH Associates has most recently completed EARS for the Town of Cloud Lake, Town of Haverhill and the Town of Jupiter Inlet Colony. All have been found to be "Sutlicient" with "No Objections" which allows those cities to proceed with their EAR-based Comprehensive Plan amendments. The Town of Juno Beach EAR was recently completed by JI.,H and is still in the local review process while JLH Associates is currently in the process of preparing EARS for the City of Palm Beach Gardens and the Town of Glen Ridge. It is the intent of this Letter to express an interest in assisting the Village of Tequesta in the preparation of its EAR. Preparation of the EAR involves extensive research and a time consuming process under the best of circumstances. The Village of Tequesta EAR is due to be transmitted to the Florida Department of Community Affairs (DCA) by March 1, 2007. Failure to meet this date will result in the Village not being able to process any amendments to its Comprehensive Plan until the EAR is officially transmitted. The Village must first prepare a Scope of Work and identify "Major Issues" in order to secure approval and a Letter of Understanding with DCA. The EAR must be prepared and reviewed by the Village's Local Planning Agency (L.PA) for recommendation to the Village Council. The Council must adopt the EAR prior to transmittal to DCA. Appropriate public notice and public hearings must be held by the Village per requirements of Florida Statutes. The EAR process should commence as soon as possible due to the reasons stated above. JLH Associates expects that the EAR can be prepared and completed for transmittal to DCA within six (6) months from the date of entering into agreement with the Village, presuming there are no unanticipated delays or circumstances created by the Village that would affect the normal processes for preparing the EAR. The cost of preparing the EAR for transmittal to DCA will not exceed $35,000 based on a billable rate of $125/hr. for professional planning services. Ii is ageed that the Village will provide support to JLH Associates, as necessary, in the preparation of the EAR. If this planning timeframe and cost estimate are acceptable to the Village, JLH Associates is available to commence the work effort upon entering into agreement with the Village. It should be noted for the Village's planning and budgeting purposes that similar funding should be considered for FY 07/08 to update its Comprehensive Plan based on the EAR Respectfully submitted, ,~ ~~~ ~ ack L. Horniman Planning Consultant r 8557 S.E. Coconut St. • Hobe Sound, FL 33455 • 772-545-2404 • Fax 772-545-2405 Lux Consulting Services 270 Timberwalk Trail Jupiter FL 33458 772-323-9681 Monday, August 28, 2006 Catherine Harding Director of Community Development Village of Tequesta 250 Tequesta Dr. Suite 305 Tequesta FL 33469 RE: VILLAGE OF TQUESTA EVALUATION & APPRAISAL REPORT (EAR) PROPOSAL FOR SERVICES Dear Ms. Harding: This proposal is submitted by Lux Consulting Services, hereinafter referred to as the "Consultant" to the Village of Tequesta, hereinafter referred to as "Client" This proposal is for professional services rendered by the Consultant as an agent for the Client. The Consultant shall facilitate the exchange of information to the Village of Tequesta as necessary for coordination of the work. The scope of services will include preparation and research for all public meetings, documents, maps, activities and services required to prepare an Evaluation & Appraisal Report for the Village. The Florida State Department of Community Affairs (DCA) has set the due date for the EAR for Tequesta as March 1, 2007. The following statement is copied from the DCA's EAR website and explains each municipality's state requirements. Also enclosed is a flow chart from DCA regarding the process for the EAR. DCA suggests the EAR process should take twelve to eighteen months depending upon the course of actions chosen by the Municipality. Based on a beginning date of September the time frame is extremely short for completion within the allotted time. Additionally, a copy of the Statutory Provisions related to the EAR is also attached. The Statutory Provisions include an explanation of the items needed for EAR sufficiency, public meetings, etc., as well as an explanation of the penalties for non-compliance. "Pursuant to Section 163.3191, F.S., "each local government shall adopt an evaluation and appraisal report (EAR) once every seven years assessing the progress in implementing the local government's comprehensive plan." The report evaluates how successful a community has been in addressing major community land use planning issues through implementation of its comprehensive plan. Based on this evaluation, the report suggests how the plan should be revised to better address community objectives, changing conditions and trends affecting the community, and changes in state requirements." The services under this agreement will be as follows: PART I. EVALUATION & APPRAISAL REPORT (EAR) • Review of Village conditions and circumstances; • Consultation and coordination with Client's consultants and other professionals with regard to the EAR requirements; • Review of Comprehensive Plan and Zoning Regulations of the Village in light of the goals and issues of the Evaluation & Appraisal Report; • Attendance at meetings with pertinent Village staff, county staff, and Department of Community Affairs staff to review and confirm appropriate applications, forms, regulations and processes, if necessary (up to three meetings); • Coordination, administration and leadership of workshops and public meetings that are required for the EAR (up to three meetings); • Update population analysis and predictions; • Assessment of existing development and the extent of vacant land and developable lands; • Discussion on financial considerations in providing needed services to the community in the future; • An assessment of the success and shortcomings of each element of the Town's Comprehensive Plan; • An assessment of the coordination of the Village's future land uses and residential development with the capacity of existing and planned schools; • An assessment of the Village's Comprehensive Plan compliance with the South Florida Water Management District's Regional Water Supply Plan; • An assessment of the Village's Comprehensive Plan compliance with Palm Beach County's Comprehensive Plan and EAR; • An evaluation of whether a past reduction in land use density within the coastal high hazard area impairs with the rights of current residents when development efforts occur; • Discussion of public participation activities in preparing for the EAR; • Coordination with the various governmental agencies required to complete the EAR; • Prepare written Evaluation & Appraisal Report, paper and digital copies to be presented to Village; • Follow up with Village and DCA for additional and/or alterations of report (up to three revisions); • Site investigation based on site visit, aerial photographs, and any available surveys, studies or plans pertaining to Village; • Preparation of required agreements and affidavits to be signed by Village Officials; • Preparation of required application forms, submittal letters and other required statements; • Consultation with elected and appointed officials as may be necessary; • Preparation of file memos noting discussions and actions at public hearings. PART II. PREPARTION OF EAR-BASED COMPREHENSIVE PLAN AMENDMENTS • Coordination with Staff on preparation of EAR-based amendments; • Attend up to three public meetings for consideration and adoption of EAR-based amendments; • Coordination with DCA on review of EAR-based amendments; • Revised amendments, as needed, based on Village Council, Staff and DCA Comments. PART III. PRESENTATION GRAPHICS • Preparation of required submittal maps; • Preparation of PowerPoint presentation, including coordination of graphics prepared by others and additional support graphics necessary for successful presentation to the Village of the proposed EAR. PART IV. ADDITIONAL SERVICES Additional Services required as a result of substantial changes in the established program, constraints or other major changes in the project concept, or as requested by the Client will require proper authorization by the Client and will be billed at the hourly rate referenced herein, or may be negotiated on a fixed rate basis. Additional Services not included within this proposal are as follows: • Document revisions resulting from changes in other consultants work; • Revisions to the submitted support graphics, as requested by the Client or as required by the Village of Tequesta Staff, Planning and Zoning Board, Village Council, or as a result of conditions of approval by DCA; • Additional support graphics deemed necessary for presentation to the reviewing bodies; • Attendance at more than the number of meetings referenced above; • Preparation for any of the above referenced additional meetings and follow-up coordination with Client or consultant team; • Preparation of any required notices and affidavits for notification of surrounding property owners; • All postage for possible mailing of notices to surrounding property owners; • Attendance and preparation for scoping meeting with surrounding governmental entities and agencies; • Digitalization of existing Comprehensive Plan. FEES: PART I. Evaluation & Appraisal Report ....................................... $26,000.00 PART IL Prepazation of EAR-based Comprehensive Plan Amendments Hourly Not to Exceed ...................................................$10,000.00 PART III. Miscellaneous Graphics e Hourly Not to Exceed ...................................................$3,500.00 PART IV. Additional Services ..................................................Open Hourly Terms of Payment: An initial down-payment of $5,000.00 is due upon acceptance of this proposal as a contract. On the first of every month thereafter, until the EAR is adopted by the Village Council or until the entire fee of $26,000 (not including Graphics, Additional Services etc. which will be billed separately) is received by the Client, a fee of $3,000.00 is to be paid to Carol Lux and/or Lux Consulting Services for services rendered. A full accounting of the progress of the EAR will be attached to an invoice by the 3`d week of the month and will be sent to Catherine Hazding, as Director of the Village of Tequesta's Department of Community Development. Graphics and Additional Services will be included in the invoice when appropriate. Open Hourly and Hourly Not to Exceed fees shall be billed on an hourly basis in accordance with the hourly rates referenced under the TERMS section of this proposal. Consultant may suspend the performance of its services if Client fails to pay Consultant in full or in part, for services rendered or expenses incurred. Consultant shall have no liability because of such suspension of services or termination due to Client's nonpayment. TERMS Hourly Rate: $65.00/Hour • The Consultant may not exceed the agreed upon fees without prior authorization from the Client. • All balances shall be due upon terms noted above. Invoices shall be considered past due thirty days from the date due (ls` of month as noted above). Thereafter the Client will be responsible fora 12% carrying charge on all past due accounts. • The terms of this agreement may be null and void if not accepted with thirty (30) days. • Attorney's Fees: In connection with any litigation, including appellate proceeding arising out of this agreement, the Consultant shall be entitled to recover from the Client any amounts due and/or unpaid, together with costs, interest and reasonable attorney fees. • Conflict: Any changes to this contract shall be in writing and ezecuted by all parties. In the event that there is disagreement between the parties regarding any of the terms of this agreement, said disagreement shall be submitted to arbitration pursuant to the rules and regulations of the American Arbitration Association. In no event shall any demand for mediation be made after such claim or dispute would be barred by applicable law. The decision of the American Arbitration Association shall be binding on both parties. Mediation fees shall be shared equally. Thank you for the opportunity to submit this proposal. Receipt of this signed original proposal and your initial payment shall be our authorization to proceed. Sincerely, Carol Lux Lux Consulting Services APPROVED AND ACCEPTED THIS DAY OF , 2006. BY= Print Name: Authorized Agent Signature The EAR process 1. Identify. who will prepare EAR 3. Prepare Z. Workshop on Elected Officials list of issues subjecf matter (Identify Planning Board and clarify issues} General Public State ~"' and Re tonal 9 4. Scoping S. Final issues A encies g Meeting list/letterof and understanding adjacent ~ Collect local '~ "Dafa governments. 6. Prepare 1st Analyze; draft of EAR Data 7. Public Hearing on Elected Officials Proposed EAR Planning Board General Public 8: Revise EAR 9: Transmit proposed EAR to DCA 10. Revise EAR 11. Public Hearing to Elected Officials adopt EAR Planning Board ~ General Public 12. Transit 13a: Sufficient 13b. Not Adopted sufficient Amend EAR EAR 14.Begin Plan Amendments Public Hearing STATUTORY PROVISIONS RELATED TO EVALUATION AND APPRAISAL REPORTS 1633191: Evaluation and A raisal of Com rehensive Plan Notes (1) The planning program shall be a continuous and ongoing EARS due every seven yeazs process. Each local government shall adopt an evaluation and appraisal report once every 7 years assessing the progress in implementing the local government's comprehensive plan. Furthermore, it is the intent of this section that: (a) Adopted comprehensive plans be reviewed through such Intent of EAR evaluation process to respond to changes in state, regional, and local policies on planning and growth management and changing conditions and trends, to ensure effective intergovernmental coordination, and to identify major issues re azdin the communi 's achievement of its oals. (b) After completion of the initial evaluation and appraisal Time period evaluated by EAR report and any supporting plan amendments, each subsequent evaluation and appraisal report must evaluate the comprehensive plan in effect at the time of the initiation of the evaluation and a raisal r rt rocess. (c) Local governments identify the major issues, if applicable, Identification of major issues with input from state agencies, regional agencies, adjacent local governments, and the public in the evaluation and appraisal report process. It is also the intent of this section to establish minimum requirements for information to ensure predictability, certainty, and integrity in the growth management process. The report is intended to serve as a summary audit of the actions that EAR is summary audit a local government has undertaken and identify changes that it may need to make. The report should be based on the local government's analysis of major issues to further the community's goals consistent with statewide minimum standazds. The report is not intended to require a comprehensive rewrite of the elements within the local plan, unless a local overnment chooses to do so. (2) The report shall present an evaluation and assessment of the Establishes 16 required components of the EAR comprehensive plan and shall contain appropriate statements to update the comprehensive plan, including, but not limited to, words, ma s, illustrations, or other media, related to: (a) Population growth and changes in land area, including 1. Change in population and land area annexation, since the adoption of the original plan or the most recent u date amendments. b The extent of vacant and develo able land. 2. Location of vacant, buildable land (c) The financial feasibility of implementing the comprehensive 3. Success of providing needed infrastructure plan and of providing needed infrastructure to achieve and maintain adopted level-of-service standazds and sustain concurrency management systems through the capital improvements element, as well as the ability to address infrastructure backlogs and meet the demands of growth on ublic services and facilities. (d) The location of existing development in relation to the 4. Compaze where development occurred vs. when location of development as anticipated in the original plan, or in the plan predicted it would occur the plan as amended by the most recent evaluation and appraisal re rt u ate amendments, such as within azeas desi ated for urban owth. (e) An identification of the major issues for the jurisdiction and, 5. Major issues where pertinent, the potential social, economic, and environmental im acts. (f) Relevant changes to the state comprehensive plan, the 6. Changes in state and regional planning policy requirements of this part, the minimum criteria contained in chapter 9J-5, Florida Administrative Code, and the appropriate strategic regional policy plan since the adoption of the original plan or the most recent evaluation and appraisal report update amendments. (g) An assessment of whether the plan objectives within each 7. Attainment of planning objectives element, as they relate to major issues, have been achieved. The report shall include, as appropriate, an identification as to whether unforeseen or unanticipated changes in circumstances have resulted in problems or opportunities with respect to major issues identified in each element and the social, economic, and environmental im acts of the issue. (h) A brief assessment of successes and shortcomings related to 8. Brief review of each element each element of the Ian. (i) The identification of any actions or corrective measures, 9. Recommendations for revising the plan including whether plan amendments aze anticipated to address the major issues identified and analyzed in the report. Such identification shall include, as appropriate, new population projections, new revised planning timeframes, a revised future conditions map or map series, an updated capital improvements element, and any new and revised goals, objectives, and policies for major issues identified within each element. This pazagraph shall not require the submittal of the plan amendments with the evaluation and a raisal re ort. (j) A summary of the public participation program and activities 10. Public participation activities undertaken b the local overnment in re arin the re rt. (k) The coordination of the comprehensive plan with existing 11. Coordinating school planning with land use public schools and those identified in the applicable educational planning facilities plan adopted pursuant to s. 1013.35. The assessment shall address, where relevant, the success or failure of the coordination of the future land use map and associated planned residential development with public schools and their capacities, as well as the joint decisionmaking processes engaged in by the local government and the school board in regard to establishing appropriate population projections and the planning and siting of public school facilities. For those counties or municipalities that do not have a public schools interlocal agreement or public school facility element, the assessment shall determine whether the local government continues to meet the criteria of x.163.3177(12). If the county or municipality determines that it no longer meets the criteria, it must adopt appropriate school concurrency goals, objectives, and policies in its plan amendments pursuant to the requirements of the public school facility element, and enter into the existing interlocal agreement required by ss. 163.3177(6)(h)2. and 163.3177 in order to fully artici ate in the school concurrenc s stem. 1 The extent to which the local overnment has been 12. Coordinatin water su tannin with land successful in identifying alternative water supply projects and use planning traditional water supply projects, including conservation and reuse, necessazy to meet the water needs identified in s. 373.0361(2)(a) within the local government's jurisdicfion. The report must evaluate the degree to which the local government has implemented the work plan for building public, private, and regional water supply facilities, including the development of alternative water supplies identified in the element as necessary to serve existin and new develo ment. (m) If any of the jurisdiction of the local government is located 13. Strategies for addressing residential non- within the coastal high-hazard azea, an evaluation of whether conforming land uses in the coastal high-hazard azea any past reduction in land use density impairs the property rights of current residents when redevelopment occurs, including, but not limited to, redevelopment following a natural disaster. The property rights of current residents shall be balanced with public safety considerations. The local government must identify strategies to address redevelopment feasibility and the property rights of affected residents. These strategies may include the authorization of redevelopment up to the actual built density in existence on the property prior to the natural disaster or redevelo ment. (n) An assessment of whether the criteria adopted pursuant to 14. Applies only to local governments adjacent to or s.163.3177(6)(a) was successful in achieving compatibility with in close proximity to a military installation. Criteria mili installations. to be ado ted b June 30, 2006 (o) The extent to which a concurrency exception area designated 15. Concurrency exception area pursuant to s. 163.3180(5), a concurrency management azea designated pursuant to s. 163.3180(7), or a multimodal transportation district designated pursuant to s. 163.3189(15) has achieved the purpose for which it was created and otherwise com lies with the rovisions of s. 163.3180. (p) An assessment of the extent to which changes aze needed to 16. Establish common methodology for measuring develop a common methodology for measuring impacts on impacts on roads which traverse multiple transportation facilities for the purpose of implementing its jurisdictions concurrency management system in coordination with the municipalities and counties, as appropriate pursuant to s. 163.3180 10 . (3) Voluntary scoping meetings may be conducted by each local Scoping meeting government or several local govemments within the same county that agree to meet together. Joint meetings among all local governments in a county are encouraged. All scoping meetings shall be completed at least 1 year prior to the established adoption date of the report. The purpose of the meetings shall be to distribute data and resources available to assist in the preparation of the report, to provide input on major issues in each community that should be addressed in the report, and to advise on the extent of the effort for the components of subsection (2). If scoping meetings aze held, the local government shall invite each state and regional reviewing agency, as well as adjacent and other affected local governments. A preliminazy list of new data and major issues that have emerged since the adoption of the original plan, or the most recent evaluation and raisal re rt-based u ate amendments, should be developed by state and regional entities and involved local governments for distribution at the scoping meeting. For purposes of this subsection, a "scoping meeting" is a meeting conducted to determine the scope of review of the evaluation and appraisal report by parties to which the report relates. (4) The local planning agency shall prepaze the evaluation and Local planning agency appraisal report and shall make recommendations to the governing body regarding adoption of the proposed report. The local planning agency shall prepare the report in conformity with its public participation procedures adopted as required by s. 163.3181. During the prepazation of the proposed report and prior to making any recommendation to the governing body, the local planning agency shall hold at least one public hearing, with public notice, on the proposed report. At a minimum, the format and content of the proposed report shall include a table of contents; numbered pages; element headings; section headings within elements; a list of included tables, maps, and figures; a title and sources for all included tables; a preparation date; and the name of the prepazer. Where applicable, maps shall include major natural and artificial geographic features; city, county, and state lines; and a legend indicating a north arrow, ma scale, and the date. (5) Ninety days prior to the scheduled adoption date, the local Optional proposed EAR government may provide a proposed evaluation and appraisal report to the state land planning agency and distribute copies to state and regional commenting agencies as prescribed by rule, adjacent jurisdictions, and interested citizens for review. All review comments, including comments by the state land planning agency, shall be transmitted to the local government and state land planning agency within 30 days after receipt of the ro osed re ort. (6) The governing body, after considering the review comments Adoption by local government and recommended changes, if any, shall adopt the evaluation and appraisal report by resolution or ordinance at a public hearing with public notice. The governing body shall adopt the report in conformity with its public participation procedures adopted as required by s. 163.3181. The local government shall submit to the state land planning agency three copies of the Submit three copies to DCA report, a transmittal letter indicating the dates of public hearings, and a copy of the adoption resolution or ordinance. The local government shall provide a copy of the report to the reviewing Submit copies to reviewing agencies and adjacent agencies which provided comments for the proposed report, or local government to all the reviewing agencies if a proposed report was not provided pursuant to subsection (5), including the adjacent local governments. Within 60 days after receipt, the state land Preliminary sufficiency review: 60 days planning agency shall review the adopted report and make a preliminary sufficiency determination that shall be forwarded by the agency to the local government for its consideration. The state land planning agency shall issue a final sufficiency Final sufficiency review: 90 days determination within 90 days after receipt of the adopted evaluation and a raisal re ort. (7) The intent of the evaluation and appraisal process is the Defmition of sufficiency review preparation of a plan update that clearly and concisely achieves the purpose of this section. Toward this end, the sufficiency review of the state land planning agency shall concentrate on whether the evaluation and appraisal report sufficiently fulfills the components of subsection (2). If the state land planning agency determines that the report is insufficient, the governing body shall adopt a revision of the report and submit the revised re ort for review ursuant to subsection 6 . (8) The state land planning agency may delegate the review of Optional delegation of sufficiency review evaluation and appraisal reports, including all state land planning agency duties under subsections (4)-(7), to the appropriate regional planning council. When the review has been delegated to a regional planning council, any local government in the region may elect to have its report reviewed by the regional planning council rather than the state land planning agency. The state land planning agency shall by agreement provide for uniform and adequate review of reports and shall retain oversight for any delegation of review to a re Tonal Tannin council. (9) The state land planning agency may establish a phased EAR due date schedule schedule for adoption of reports. The schedule shall provide each local government at least 7 yeazs from plan adoption or last established adoption date for a report and shall allot approximately one-seventh of the reports to any 1 year. In order to allow the municipalities to use data and analyses gathered by the counties, the state land planning agency shall schedule municipal report adoption dates between 1 yeaz and 18 months Municipal EARS due 12 to 18 months after county later than the report adoption date for the county in which those EAR municipalities are located. A local government may adopt its report no earlier than 90 days prior to the established adoption date. Small municipalities which were scheduled by chapter 9J- 33, Florida Administrative Code, to adopt their evaluation and appraisal report after February 2, 1999, shall be rescheduled to adopt their report together with the other municipalities in their coon as rovided in this subsection. (10) The governing body shall amend its comprehensive plan EAR-based amendment based on the recommendations in the report and shall update the comprehensive plan based on the components of subsection (2), pursuant to the provisions of ss. 163.3184, 163.3187, and 163.3189. Amendments to update a comprehensive plan based on the evaluation and appraisal report shall be adopted during a Single amendment cycle single amendment cycle within 18 months after the report is determined to be sufficient by the state land planning agency, Amendment due 18 months after sufficiency except the state land planning agency may grant an extension determination for adoption of a portion of such amendments. The state land planning agency may grant a 6-month extension for the adoption of such amendments if the request is justified by good and Six month extension sufficient cause as determined by the agency. An additional extension may also be granted if the request will result in greater An additional extension coordination between transportation and land use, for the oses of im rovin Florida's trans rtarion stem, as determined by the agency in coordinafion with the Metropolitan Planning Organization program. Beginning July 1, 2006, failure to timely adopt and transmit update amendments to the Failwe to adopt EAR-based amendment comprehensive plan based on the evaluation and appraisal report shall result in a local government being prohibited from adopting amendments to the comprehensive plan until the evaluation and appraisal report update amendments have been adopted and transmitted to the state land planning agency. The prohibition on plan amendments shall commence with the update amendments to the comprehensive plan aze past due. The comprehensive plan as amended shall be in compliance as defined in s. 163.3184(1)(b). Within 6 months after the Submittal of new plan with 6 months effective date of the update amendments to the comprehensive plan, the local government shall provide to the state land planning agency and to all agencies designated by rule a Rule 9J-11.009(6) list com fete co of the u dated com rehensive lan. (11) The Administration Commission may impose the sanctions provided by s. 163.3184(11) against any local government that fails to adopt and submit a report, or that fails to implement its report through timely and sufficient amendments to its local plan, except for reasons of excusable delay or valid planning reasons agreed to by the state land planning agency or found Sanctions present by the Administration Commission. Sanctions for untimely or insufficient plan amendments shall be prospective only and shall begin after a final order has been issued by the Administration Commission and a reasonable period of time has been allowed for the local government to comply with an adverse determination by the Administration Commission through adoption of plan amendments that aze in compliance. The state land planning agency may initiate, and an affected person may intervene in, such a proceeding by filing a petition with the Division of Administrative Heazings, which shall appoint an administrative law judge and conduct a hearing pursuant to ss. 120.569 and 120.57(1) and shall submit a recommended order to the Administration Commission. The affected local government shall be a party to any such proceeding. The commission may implement this subsection by rule. (12) The state land planning agency shall not adopt rules to Prohibition on rule adoption im lement this section, other than rocedural rules. (13) The state land planning agency shall regularly review the DCA's evaluation of the effectiveness of the EAR evaluation and appraisal report process and submit a report to process the Governor, the Administration Commission, the Speaker of the House of Representatives, the President of the Senate, and the respective community affairs committees of the Senate and the House of Representatives. The first report shall be submitted by December 31, 2004, and subsequent reports shall be Every five years submitted every 5 years thereafter. At least 9 months before the due date of each report, the Secretary of Community Affairs shall appoint a technical committee of at least 15 members to Technical Advisory Committee assist in the prepazafion of the report. The membership of the technical committee shall consist of representatives of local governments, regional planning councils, the private sector, and environmental organizations. The report shall assess the effectiveness of the evaluation and appraisal report process. 163.2517 Designation of urban infill and redevelopment area. (6)(a) In order to continue to be eligible for the economic and Urban Infill and Redevelopment Areas regulatory incentives granted with respect to an urban infill and redevelopment azea, the local government must demonstrate during the evaluation, assessment, and review of its comprehensive plan required pursuant to s. 163.3191, that within designated urban inf~ll and redevelopment azeas, the amount of combined annual residential, commercial, and institutional develo went has increased b at least 10 rcent. (b) If the local government fails to implement the urban infill Failure to implement UIRA plan and redevelopment plan in accordance with the deadlines set forth in the plan, the Department of Community Affairs may seek to rescind the economic and regulatory incentives granted to the urban infill and redevelopment azea, subject to the provisions of chapter 120. The action to rescind may be initiated 90 days after issuing a written letter of warning to the local overnment. 1633174 Local Tannin a en (4) The local planning agency shall have the general General responsibilities responsibility for the conduct of the comprehensive planning ro . S ificall ,the local Tannin a enc shall: (b) Monitor and oversee the effectiveness and status of the LPA responsible for EAR comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required, including preparation of the periodic reports required b s. 163.3191. 16331777 Pnblic schools interlocal a Bement. (7) At the time of the evaluation and appraisal report, each Coordination of school facility planning and land exempt municipality shall assess the extent to which it continues use planning to meet the criteria for exemption under s.163.3177 (12). If the municipality continues to meet these criteria, the municipality shall continue to be exempt from the interlocal-agreement requirement. Each municipality exempt under s.163.3177 (12) must comply with the provisions of this section within 1 year after the district school board proposes, in its 5-year district facilities work program, a new school within the municipality's 'urisdiction. 1633187 Amendment of ado ted corn rehensive lan. (6)(a) No local government may amend its comprehensive plan Prohibition on amendment if EAR not adopted after the date established by the state land planning agency for adoption of its evaluation and appraisal report unless it has submitted its report or addendum to the state land planning agency as prescribed by s. 163.3191, except for plan amendments described in h 1) b) or h 1 h . (b) A local government may amend its comprehensive plan after If EAR adopted may amend plan even if EAR is not it has submitted its adopted evaluation and appraisal report and sufficient for a period of 1 yeaz after the initial determination of sufficiency regardless of whether the report has been determined to be insufficient. (c) A local government may not amend its comprehensive plan, If EAR not sufficient after one yeaz, only DRI except for plan amendments described in pazagraph (1)(b), if the related amendments may be adopted 1-yeaz period after the initial sufficiency determination of the report has expired and the report has not been determined to be sufficient. (d) When the state land planning agency has determined that the When EAR sufficient, may resume adopting report has sufficiently addressed all pertinent provisions of s. amendments 163.3191, the local government may amend its comprehensive plan without the limitations imposed by paragraph (a) or az ah c. (e) Any plan amendment which a local government attempts to Invalid amendment must be readopted adopt in violation of paragraph (a) or paragraph (c) is invalid, but such invalidity may be overcome if the local government readopts the amendment and transmits the amendment to the state land planning agency pursuant to s. 163.3184(7) after the re ort is determined to be sufficient. 1633246 Local government comprehensive planning certification r m. (10) A local government's certification shall be reviewed by the Certification reviewed as part of EAR local government and the department as part of the evaluation and appraisal process pursuant to s. 163.3191. Within 1 yeaz after the deadline for the local government to update its comprehensive plan based on the evaluation and appraisal report, the department shall renew or revoke the certification. The local overnment's failure to ado t a timel evaluation and appraisal report, failure to adopt an evaluation and appraisal report found to be sufficient, or failure to timely adopt amendments based on an evaluation and appraisal report found to be in compliance by the department shall be cause for revoking the certification agreement. The department's decision to renew or revoke shall be considered agency action subject to challen a under s. 120.569.