HomeMy WebLinkAboutResolution_08-00/01_12/14/2000RESOLUTION NO. 8-00/O1
~:
•
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
WITH PALM BEACH COUNTY, THE SCHOOL DISTRICT OF
PALM BEACH COUNTY, AND CERTAIN MUNICIPALITIES
OF PALM BEACH COUNTY ESTABLISHING A PUBLIC
SCHOOL CONCURRENCY PROGRAM AND AUTHORIZING THE
MAYOR OF THE VILLAGE OF TEQUESTA TO EXECUTE
THE APPROPRIATE DOCUMENTS ON BEHALF OF THE
VILLAGE.
WHEREAS, Section 163.01, Florida Statutes, Enables
Local Governments to Cooperate With Other Local
Governments and Public Agencies, Including School
Districts, to Provide Services and Facilities on a
Basis of Mutual Advantage, and to Enter Into an
Interlocal Agreement; and
WHEREAS, the County, the Municipalities, and the
School District Have Determined that the Safe,
Convenient, Orderly and Adequate Provision of
Public School Facilities is Essential to the
Health, Safety, and General Welfare of the Citizens
of Palm Beach County; and
WHEREAS, Section 163.3180(13), Florida Statutes,
Authorizes the County and the Municipalities to
Adopt a School Concurrency Program.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AS FOLLOWS:
Section 1. An Interlocal Agreement With Palm
Beach County, the School District of Palm
Beach County, and certain municipalities of
Palm Beach County establishing a public school
concurrency program, attached hereto as
exhibit "A", and incorporated by reference as
a part of this Resolution, is hereby approved
and the Mayor of the Village is authorized to
execute the same on behalf of the Village.
•
•
•
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
Schauer who moved i t s adoption . The mot ion
was seconded by Councilmember C;Pn~n and
upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Joseph N. Capretta
Basil E. Dalack
Geraldine A. Genco
Elizabeth A. Schauer
Sharon D. Walker
The Mayor thereupon declared the Resolution duly
passed and adopted this 14th day of December, A.D.,
2000.
MAYOR OF TEQUESTA
~7 ~~' C~apr r ~ ~
' ~
ATTEST:
.~
Joann Mangani to
Village Clerk
Word/Resolutions/School Concurrency
•
MEMORANDUM ~ ~
To: Village Council o
From: Michael Couzzo, Village Man~g~,l
Date: December 4, 2000
Subject: Interlocal Agreement with Palm Beach County, the School District of Palm
Beach County, and Certain Palm Beach County Municipalities Establishing a
School Concurrency Program
Mr. Leo Noble, consultant for the Palm Beach County School District, will make a
presentation on the School Concurrency Program at the December 14th Village Council
meeting. Following his presentation, the Interlocal Agreement will be considered for
Council approval.
On October 20, 2000, I provided to you a memorandum with copies of the proposed
Interlocal agreement and associated exhibits. In that memorandum, I mentioned that the
County and eligible county municipalities must execute the agreement in order to
implement the School Concurrency Program. (Please bring to the December Council
meeting the documents on school concurrency I distributed to you with my October 20,
2000 memorandum.) The agreement draft you received appears to adequately address
the concerns raised by the Palm Beach County League of Cities (See the memorandum
• from John Corbett attached to my October 20, 2000 memorandum). To date 20 of the
required 26 municipalities have approved the agreement.
Village staff and the Village Attorney have reviewed the agreement and associated
requirements. Staff recommends adoption of the enclosed resolution approving the
Interlocal agreement and authorizing its execution by the Mayor.
Should you have any questions, please advise.
•
Exhibit A
Rzooo oga$
1UN _ 6 2t':G~
PALM BEACH COUNTY
INTERLOCAL AGREEMENT
with
MUNICIPALITIES OF PALM BEACH COUNTY
and
•
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
To Establish
PUBLIC SCHOOL CONCURRENCY
•
•
TABLE OF CONTENTS
I. DEFINITIONS ............................................. .........5
II. SCH OOL CONCURRENCY OVERVIEW ................................ 10
A. Agreement to Establish School Concurrency ......................... 10
B. Required Concurrency Elements ................................... 11
C. Specdic Responsibilities of the Farties ............................... 12
III. CAP ITAL IMPROVEMENT FLAN ........ . ............................. 14
A. School District's Five-Year Capital Facilities Plan .................... 14
B. Ten and Twenty Year Work Program ............................... 16
• C. Transmittal ................................_.................... 17
D. TAG Review .................................................... 17
E. Final Adoption .................................................. 18
F. Material Amendment to the School District's Five-Year Capital Facilities
Plan ........................................................... 18
G. Amend Comprehensive Plan ....................................... 19
IV. COMPREHENSIVE PLAN AMENDMENTS .............................. 19
A. Process for Development and Adoption of Capital Improvements
Element ........................................................ 19
B. Process for Development, Adoption and Amendment of the Public School
Facilities Element (PSFE) ........................................ . 20
•
-ii-
nt
ti
di
El
C .................... 21
C. ......
na
eme
on
oor
Intergovernmental .
V. SCHOOL CONCURRENCY PROGRAM ............ ..................... 21
A. Commencement of School Concurrency Program ................. . . • • 21
B. Concurrency Service Areas ................... .....................21
..... 23
C. Level of Service (LOS) ....................... ................
D. Exemptions ............................... ......................ZS
E. Local Concurrency Implementing Ordinance .. ...................... 26
F. School District Review of New Residential Development Proposals ....... 27
G. Term of School Concurrency ................ ...................... 35
H. Suspension of Concurrency .................. ......................35
VI. MONITORING ................................. ......................37
A. Establishment of the Technical Advisory Group (TAG) ................ 3
•
B. Purpose of the TAG .............. . ......... ...................... 37
C. Membership of the TAG .................... ...................... 38
D. Terms of Membership ........... . . . ....... ....................... 39
E. 1 Election of Chair and Organization Meeting .. . - . • - - • • • • • - • • - - • - • - - • • 39
F. Quorum and Voting ...................... ........... . . .......... 39
G. Meetings open to the public ................ ....................... 40
H. Compensation ............................ ....................... 40
I. Staff Support for the TAG ................. . ...................... 40
J. Management Reports ...................... ...........•--.........41
K. Enrollment Reports ....................... .... . .................. 41
-iii- •
L. Monitoring Reports ........................................ . . . . .. 41
M. Program Evaluation Report ... ................................ 42
N. Conflict of Interest ........................................ . . . .... 43
VII. MEDIATION OF DISPUTES ........................................... 44
VIII. COORDINATED PLANNING ........................................... 45
A. The Coordination of Planning and Sharing of Information ............. 45
B. Population Projections ............................................ 46
C. Local Government Data Collection ............... . ................. 47
D. School District Data Publication .................................... 48
E. Multiplier Publication ............................................ 48
F. Proposals for Development, Redevelopment and Infrastructure required to
Support Public School Facilities .................................... 48
G. School Siting ....................................................49
H. School District Review of Future Land Use Element Plan Amendments ... 54
IX. SPECIAL PROVISIONS .............................................. .55
A. School District Requirements ..................................... . ~~
B. Land Use Authority ............................................. .56
C. Specific Performance .............................. . . ............ . 57
X. ACTS OF GOD AND OTHER EXIGENT CIRCUMSTANCES BEYOND THE
CONTROL OF THE SCHOOL BOARD ..............••..•----••---•-••. .57
X_ STANDING AND THIRD PARTY BENEFICIARY RIGHTS ............. . . . 58
XI. AMENDMENT, WITHDRAWAL AND TERMINATION ......... . ......... . 58
-iv-
.................
reement
the A
di
A .....•-•••----•••-•••-58
..
g
men
ng
A.
B. Withdrawal from Agreement ................ .... . ................. 58
C. Additional Participants .................. . . ...................... 59
D. Termination of Agreement ................. ...................... 59
XIII. TERM OF THE AGREEMENT .................. ....................... 59
XIV. INDEMNIFICATION OF PARTIES .............. ....................... 59
A. Hold Harmless ........................... .......................59
B. Third Party Claims ....................... .......................60
XV. MULTIPLE ORIGINALS ....................... ....................... 60
XVI. EFFECTIVE DATE OF AGREEMENT ........... ......... . .............. 61
A. Effective Immediately ....... . ............. ...................... 61
B. Nullification of Agreement ................ ....... . ................ 61
-v-
• EXHIBITS
EXHIBIT A - Comprehensive Plan Amendment Coordinated Review
Interlocal Agreement, October, 1993
EXHIBIT B - Implementing Ordinance Elements
EXI3IBIT C - Participation Agreement
E~~IT D - Student Generation Multiplier Table
E~~IBIT E - Projected Units Table
•
H:\DATA\~VP5l1DOC1CONCRNCI'~SECTfO~~(~rTERLOC11l1~S\AMD606C.~VPD.71 pp
• -V1-
•
QZ~~d ~~~~ )UN_620~t1
PALM BEACH COUNTY
INTERLOCAL AGREEMENT
with
THE MUNICIPALITIES OF PALM BEACH COUNTY
and
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
To Establish
PUBLIC SCHOOL CONC'URRENCY
An Interlocal Agreement between PALM BEACH COUNTY (hereafter referred to as the
"COUN"I~Y"), operating through its BOARD OF COUNTY COMMISSIONERS; those
as "MUNICIPALITY"
municipalities who have executed this Agreement (hereafter referred to singly
or collectively as "MUNICIPALITIES"); and The SCHOOL DISTRICT OF PALM BEACH
COUNTY (hereafter referred to as the "SCHOOL DISTRICT"), operating through the SCHOOL
BOARD OF PALM BEACH COUNTY (hereafter referred to as the "SCHOOL BOARD")=
WI~REAS, Section 163.01, Florida Statutes, enables local governments to cooperate with
other local governments and public agencies, including school districts, to provide services and
facilities on a basis of mutual advantage, and to enter into an Interlocal Agreement; and
WHEREAS, the COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT have
determined that the safe, convenient, orderly and adequate provision of public school facilities is
essential to the health, safety, and general welfare of the citizens of Palm Beach County; and
Page l of 71
•
WHEREAS, in order to provide adequate public school facilities in a timely manner and at
appropriate locations, the COL7NT~C, the MLJNICIPALTITE.S and SCHOOL DISTRICT have further
determined that it is necessary and appropriate for the entities to cooperate with each other to
eliminate the current deficit of permanent student stations, and to provide capacity for projected new
growth; and
WHEREAS, the COUNTY, the MLJNICIPALITIF-S, and the SCHOOL DISTRICT recognize
that adequate revenue sources must be available to provide for the needed increase in permanent
student stations; and
WHEREAS, the Local Government Comprehensive Planning and Land Development
OiJNTY and the MIJI•IICIPALITIES to adopt comprehensive plans
Regulation Act regwres the C
to guide and control future development; and
WHEREAS, Article IX, Sections 1 and 4 of the Florida Constitution require a uniform
system of free public schools on a county-wide basis, and provide that each county shall constitute
a SCHOOL DISTRICT subject to supervision by the State Board of Education as provided by
general law; and
WHEREAS, Sections 235.193 and 235.194, Florida Statutes, require the coordination of
planning between school districts and local governments to ensure that the plans for the construction
and opening of public educational facilities are coordinated in time and place with plans for
residential development; and
•
Page 2 of 71
•
WHEREAS, Section 235.193, Florida Statutes, requires the general location of educational
facilities to be consistent with the COUNTY'S and the MUNICIPALITIES' Comprehensive Plans;
and
WHEREAS, Section 235.193, Florida Statutes, requires the SCHOOL DISTRICT to submit
plans for public educational facilities to the COUNTY and the MUNICIPALITIES and requires each
local jurisdiction to deternune the consistency of the plans with the effective Comprehensive Plan
and applicable land development regulations; and
WHEREAS, Section 163.3177(6)(h), Florida Statutes, requires the COUNTY and the
MLJMCiPALITIES to coordinate the adopted local comprehensive plans with each other and the
• plans of the SCHOOL DISTRICT; and
WHEREAS, Section 163.3180(13), Florida Statutes, authorizes the COUNTY and the
MUNICIPALITIES to adopt a school eoncurrency program; and
W~-IEREAS, Section 163.3180(13)(g), Florida Statutes, requires that prior to establishing a
school concurrency program, the COUNTY and the MUNICIPALITIES and the SCHOOL BOARD
adopt an interlocal agreement (hereafter referred to as the "AGREEMENT") for school concurrency
to satisfy Section163.3180 (12)(g)1,Florida Statutes, which will: establish a process by which they
shall agree and base their plans on consistent population projections; .coordinate and share
information relating to existing and planned public school facilities, projections and proposals for
devetopinent, and infrastructure required for public school facilities; establish a planning process
that encourages the location of public schools proximate to urban residential areas and the
•
Page 3 of 7l
C]
collocation of schools with other public facilities to the extent possible; jointly establish level of
service standards for public schools; establish a process for the preparation, amendment and joint
approval of a financially feasible public school capital facilities program; define the geographic
application of concurrency; establish criteria and standards for the establishment and modification
of school conctarency service areas and incorporate the criteria and standards into the BOUNTY and
MUNICIPALTTIES comprehensive plans; establish a uniform district wide procedure for
implementing the school concurrency program that provides for the evaluation of development
applications for compliance with school concurrency requirements; provide an opportunity for the
SCHOOE DISTRICT to review and comment on the effect of comprehensive plan amendments and
rezonin son the public school facilities plan; and provide for the monitoring and evaluation of the •
g
concurrency program. The AGREEMENT shall also provide procedures for its amendment,
suspension, and termination.
- -. .. WHEREAS, the COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT pursuant
to their various statutory responsibilities and powers, desire to establish joint procedures to establish
and implement school concurrency; and
WHEREAS, the COUN'I"Y and MUNICIPALITIES, also known as the LOCAL
GOVERNMENTS, are entering into this AGREEMENT in reliance on the SCHOOL BOARD'S
commitment to prepare, -adopt and implement a financially feasible capital facilities program that
will result in all schools of each type in each CSA and each individual school operating at the
adopted level ~f service consistent with the timing specified in the SCHOOL DISTRICT'S Five-
U
Page 4 of 71
•
Year Capital Facilities Plan, and the SCHOOL BOARD'S further commitment to update and adopt
the plan yearly to add enough capacity in the new fifth year to address projected growth and to adjust
the plan in order to maintain the adopted level of service and to attain maximum utilization of school
capacity pursuant to Section 163.3180 (13)(c)2., Florida Statutes; and
Vi~HEREAS, the SCHOOL DISTRICT operating through the SCHOOL BOARD, is entering
into this AGREEMENT in reliance on the COUNTY'S and MUNICIPALITIES' commitment to
adopt amendments to their local comprehensive plans to impose school concurrency as provided in
Section 163.3180 (13), Florida Statutes; and
NOW, THEREFORE, in order to accomplish these goals and purposes, and in consideration
• of the mutual obligations and benefits the COUNTY, the MUNICIPALITIES and the SCHOOL
DISTRICT (hereinafter referred to collectively as "PARTIES" hereby enter into this AGREEMENT.
I. ~ DEFINITIONS
Capacity Projects -New school construction or any project that adds necessary
improvements to accommodate additional permanent student stations or core facilities needed for
the educational program of each type of school based er.. the requirements of State Requirements
for Educational Facilities (SREF).
Consistency -The coadition of not being in conflict with and in furtherance of the goals,
objectives and policies of the Comprehensive Plan Elements and this AGREEMENT.
•
Page 5 of 71
•
Concurrency Service Area (CSA) -The specific geographic unit within a SCHOOL
DISTRICT in which school concturency is applied and measured.
Concurrency Service Area Level of Service Standards -The maximum acceptable
percentage of school utilisation as established in Section V. (C.2.) below determined by dividing the
total number of students for all schools of each type in each CSA by the total number of permanent
student stations for that type of school in each CSA_
Core Facilities -The media center, cafeteria, toilet facilities, and circulation space of an
educational plant_
Development Order - As defined in Section 163.3164(7), Florida Statutes_
Educational Facilities -The buildings and equipment, structures, and special educational •
use areas that are built, installed, or established to serve educational purposes only.
Financially Feasible Facilities Plan - A plan which demonstrates the ability to finance
-- capital_improvemenu from existing revenue sources and funding mechanisms to correct deficiencies
and meet future needs based on achieving and maintaining the adopted Level of Service for each year
of the five (S) year planning period for all schools of each type in each CSA and-each individual
school, and for the lc,ng range planning period.
Florida Inventory of Schoo! Houses (FISH) -The report of the capacity of existing
facilities_ The FISH capacity is the number of students that may be housed in a facility (school) at
any given time based on using a percentage of the number of existing satisfactory student stations
and a designated size for each program_ In Palm Beach County, permanent capacity does not include
•
Page 6 of 71
•
the use of relocatables unless they meet the standards for long term use pursuant to Section 235.061,
Florida Statutes.
Inter Governmental Plan Amendment Review Committee (IPARC) -The interlocal
committee, established through the "Comprehensive Plan Amendment Coordinated Review
Interlocal Agreement, "dated October I, 1993, which coordinates comprehensive plan amendment
review.
League of Cities -Palm Beach County League of Cities, Inc. Anot-for-profit corporation
established to promote and advance the collective interest of municipalities of Palm Beach County,
Florida. -
• Level of Service (LOS) -The measure of the utilization, expressed as a percentage, which
is the result of comparing the number of students with the satisfactory student stations (FISH
capacity) at a given location or within a designated area (i.e., a CSA), e.g., a facility with 1000
students and a FISH capacity of 970, has a LOS of 103%. Also refereed to as the utilization of a
facility.
Local Governments -Palm Beach County and the MUNICIPALITIES.
Maximum Utilization of Capacity -Utilization of facilities to ensure the adopted LOS for
all schools of each type in each CSA and each individual school is not exceeded.
Municipalities -All municipalities in Palm Beach County, except those that arc exempt from
participating in the school concurrency program, pursuant to Section 163.3180, Florida Statutes.
•
Page 7 of 71
Permanent Student Station -The floor area in a public school facility required to house a
student in an instructional program.
Proposed New Residential Development -Any application for residential development or
amendment to a previously approved residential development that increases the number of housing
units, This shall include any request for any approval of the type that establishes ~ $ density of
development and which approves a Site Specific Development Order on a specific parcel of property.
Regetired Modernizations - A comprehensive upgrading of schools to `like new'school
standards. This requires a comprehensive evaluation of schools which are 35 years old or older for
a determination of the need for rehabilitation, remodeling or replacement of the facility.
Residential Development -Any development that is comprised in whole, or part, of •
dwelling units; for permanent human habitation.
School Board -The governing body of the SCHOOL DISTRICT, a body corporate pursuant
to Section 230.21, Florida Statutes.
School District -The district for Palm Beach County created and existing pursuant to
Section 4, Article IX of the State Constitution.
School District Five-Year Capital Facilities Plan -The SCHOOL DISTRICT of_Palm
Beach County Five-Year Work Plan and Capital Budget as authorized by Section 235.185 Florida
Statutes.
•
Page 8 of 71
•
School District of Palm Beach County Six Year Capital Improvement Schedule - A
Table of expenditures and revenues detailing how the School District shall achieve and maintain the
Level of Service for public school facilities.
Site Specific Development Order - A Development Order issued by a Local Government
which establishes the density, or maximum .density, and which approves a specific plan of
development on a lot or lots piss ~r~t to an application by or on behalf of an owner or contract
purchaser, or initiated by a Local Government It may apply to a lot or lots under single ownership
or a group of lots under separate ownership. It shall apply to all parcels or lots in their untirety taken
together of any subdivision. It includes site specific rezonings, special exceptions, conditional uses,
S special permits, master plan approvals, site plan approvals, plat approvals, building permits, and any
"Development of Regional Impact" as defined in Section 380.06, F.S. It may or may not authorize
the actual commencement of development. Two (2) or more Development Orders which
individually do not constitute a Site Specific Development Order shall be considered a Site Specific
Development Order if when taken together they meet the definition of Site Specific Development
Order.
Type of School - Schools in the same categories of education, i.e_ elementary, middle or
high school.
•
Page 9 of 71
•
II. SCHOOL CONCURRENCY OVERVIEW
A. Agreement to Establish School Concurrency
1. The PARTIES desire to establish a public school concurrency system
consistent with the requirements of Section 163.3180, Florida Statutes.
2 The PARTIES agree that the timely delivery of adequate. public school
facilities at the adopted level of service requires close coordination among the PARTIES at both the
land use planning and residential development permitting levels. Further, the PARTIES agree that
new school facilities should be planned for and provided in proximity to those areas planned for
residential development or redevelopment_ Accordingly, to implement an effective school
concurrency system that will ensure that the construction and opening of public educational facilities •
are coordinated in time and place with residential development concurrently with other necessary
services, the PARTIES agree that the SCHOOL DISTRICT must be afforded the opportunity to
.. ~- review and provide timely findings and recommendations to the COUNTY and the
MUNICIPALITIES on proposed amendments to their respective Comprehensive Flans and on all
applications for development orders which will have an impact on school capacity and the SCHOOL
DISTRICT'S Five-Year Capital Facilities Plan.
3. The PARTIES agree that in order to provide future public school facilities in
a timely manner at appropriate locations, residential development orders issued by the COUNTY and
by each MUNICIPALITY shall be issued and conditioned upon the availability of public school
facilities at the level of service specified in this AGREEMENT concurrent with the impact of such
•
Page 10 of 71
•
development. A determination that school capacity is available before issuance of a development
order, consistent with the Level of service standard, hereafter referred to as "concurrency", shall be
based upon the adoption of a Public School Facilities Element into the COLINTY's and
MUNICIPALITIES' comprehensive plans that is consistent with the SCHOOL DISTRICT'S Five-
Year Capital Facilities Plan and which shall be implemented by an implementing ordinance adopted
by each local government party consistent with Section V. E. below.
B. Required Concurrency Elements
Comprehensive Plan Amendments -Within one year of this agreement becoming
effective, the LOCAL GOVERNMENTS agree to adopt the following comprehensive plan
• amendments which shall be consistent with each other as required in Section 163.3180, Florida
Statutes-
1. Amend its comprehensive plan to add a Public Schools Facilities Element
(PSFE)_ consistent with the requirements of Section 163.3180, Florida Statutes, and this
AGREEMENT.
2. Amend its Intergovernmental Coordination Element as required by Section
163.3177(6)(h)1. and 2., Florida Statutes, and this AGREEMENT.
3. Incorporate "The SCHOOL DISTRICT of Palm Beach County Six Year
Capital Improvement Schedule" which is in the SCHOOL DISTRICT'S Five-Year Capital Facilities
Plan into its adopted Capital Improvement Element and update that Schedule consistent with the
updated and adopted SCHOOL DISTRICT'S Fi~~e-Year Capital Facilities Plan in order to set forth
Paae 11 of 71
•
a financially feasible public school capital facilities plan, consistent with the adopted Level of
Service Standards for public schools_
C_ Specific Responsibilities of the Parties
1. When the comprehensive plan amendments adopted in accordance with
Section II.B become effective, the COIJN'I~Y AND MCTNICIPAI-ITIES agree to undertake the
following activities:
(a) Unless electing to be. bound by the COUN"IY implementing ordinance,
each MUMCIPALITY shall adopt an implementing ordinance consistent with the time frame in
Section V.E. l .and the requirements of the basic firamework contained in Exhibit B, the requirements
of this AGREEMENT, and the LOCAL GO`~]ERNMENT comprehensive plan_ •
(b) Once the School Concurrency Program commences, not issue any site
specific development orders for new residential units until the SCHOOL DISTRICT has reported
that there is school capacity available to serve the development being approved consistent with the
requirements of this AGREEMENT.
(c) Coordinate planning with the SCHOOL DISTRICT regarding
population projections, school siting, projections of development and redevelopment for the coming
year, infrastructure required to support public school facilities, and amendments to future land use
plan elements consistent with the requirements of this AGREEMENT.
2. By entering into this Interlocal AGREEMENT, the SCHOOL DISTRICT
agrees to undertake the following activities:
Page 12 of 71
r1
~J
(a) Prepare and update yearly a financially feasible Five-Year Capital
Facilities Plan containing enough capacity each year to meet projected growth in demand for student
stations so that all schools of each type in each Concurrency Service Area and each individual school
does not exceed the adopted level of service for each year, consistent with the requirements of this
AGREEMENT.
(b) Institute Program and/or boundary adjustments as necessary to
ma~cim»E utilization of capacity in order to ensure that all schools of each type in each Concurrency
Service Area and each individual school operate at the adopted level of service, consistent with the
requirements of this AGREEMENT.
(c) Implement the SCHOOL DISTRICT's Five-Year Capital Facilities
PIan by constructing the capacity enhancing and modernization projects in that program consistent
with the timing specified in the program.
(d} Provide the CO[JNTY and MUMCIPALITIES with the required data
and analysis updated annually to support the comprehensive plan elements and any amendments
relating to school concuirency.
(e) Adopt a ten and twenty year work program consistent with the
requirements of this AGREEMENT.
(f) Maintain and publish data required in Section VIII for the review of
proposed new residential development.
•
Page 13 of 71
C7
(g) Review applications for proposed new residential developments-for
compliance with concurrency standards, consistent with the requirements of this AGREEMENT.
(h) Review mitigation proposals consistent with the requirements of this
AGREEMENT.
(i) Prepare reports on enrollment and capacity, consistent with the
requirements of this AGREEMENT.
(j) Provide secretarial staff support for meeting of the Technical Advisory
Group and all other District generated reports established by this AGREEMENT.
(k) Coordinate planning with the COUNTY and MUNICIPALITIES
regarding population projections, school siting, projections of development and redevelopment for
the coming year, infrastructure required io support public school facilities, and amendments to future
land use plan elements consistent with, the requirements of this AGREEMENT.
III . CAPITAL IMPROVEMENT PLAN
A. School District's Five-Year Capital Facilities Plan
1. On or before September 15 of each year, the SCHOOL BOARD shall adopt
and update the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan for public schools in Palm
Beach County.
Page 14 of 71
2. The SCHOOL DISTRICT'S Five-Year Capital Facilities Plan shall specify
all new construction, remodeling or renovation projects which will add permanent FISH capacity or
modernize existing facilities.
3. The SCHOOL DISTRICT Five-Year Capital Facilities Plan shall constitute
a financially feasible program of school construction for a five (5~ year period which adds sufficient
FISH capacity to achieve and maintain the adopted LOS yearly for all schools of each type in each
concurrency service area and each individual school based on projected increases in enrollment;
which provides for required modernization; and which satisfies the SCHOOL ~DISTRICT's
constitutional obligation to provide a uniform system of free public schools on a county-wide basis.
i 4. The SCHOOL DISTRICT's Five-Year Capital Facilities Plan and each annual
update shall include a description of each school project, the amount of money to be spent in each
fiscal year for the planning, preparation, land acquisition, and actual construction and renovation of
each school project which adds FISH capacity or modernizes existing facilities; the amount of FISH
capacity added, if any; and a generalized location map for schools depicted in the SCHOOL
DISTRICT'S Five-Year Capital Facilities Plan which will be built within each CSA consistent with
the SCHOOL DISTRICT'S current Educational Plant Survey and v~zth the Future Land Use Elements
of each MUNICIPALITY'S Comprehensive Plan and the COUNTY'S Comprehensive Ptan.
5. Upon achieving the adopted Level of Service, the SCHOOL DISTRICT shall
maintain the adopted Level of Service standards and ensure that school capacity shall be utilized to
the maximum extent possible District-wide. ~~/hen preparing t11e SCHOOL DISTRICT'S Five-Year
•
Pale 15 of 71
•
Capital Facilities Plan, the SCHOOL DISTRICT shall annually institute necessary program and/or
boundary adjustments or provide additional capacity to ensure that all schools of each type in each
CSA and each individual school will operate at the adopted level of service (LOS) throughout the
Five year period_
(. The SCHOOL DISTRItr I"s Five-Year Capital Facilities Plan and each annual
update shall identify the projected enrollment; ~apa~tty and utilization percentage of all schools of
each type for each CSA and each individual school for each year of the Plan. The SCHOOL
DISTRICT shall annually update the CSA Tables and "The SCHOOL DISTRICT of Palm Seach
County Six Year Capital Improvement Schedule" when updating the SCHOOL DISTRICT'S Five-
Year Capital Facilities Plan.
7. The SCHOOL DISTRICT shall initiate the necessary program and/or
boundary adjustments to reflect the new capacity for the schools that are scheduled to be constructed
and opened for each year of the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan. These
adjustments shall be consistent with the data and analysis provided in the CSA Tables of the
SCHOOL DISTRICT'S Five-Year Capital Facilities Plan.
B. Ten and Twenty Year Work Program.
In addition to the adopted SCHOOL DISTRICT'S Five-Year Capital Facilities Plan,
the SCHOOL DISTRICT shall annually adopt a ten year and a twenty year work plan based upon
enrollment projections and facility needs for the ten year and twenty year period. It is recognized
Page 16 of 71
that the projections in the ten and twenty year time frames are tentative and should be used only for
general planning purposes.
C. Transmittal.
The SCHOOL DISTRICT shall transmit copies of the proposed SCHOOL DISTRICT
Five-Year Capital Facilities Plan along with data and analysis necessary to demonstrate the 5nancial
feasibility of the Program, to the Technical Advisory Group (TAG), the MUNICIPALITIES and
COUNTY on or before May 31 of each year commencing after the effective date of this
AGREEMENT.
D. TAG Review
1 _ By June 30 of each year, the Technical Advisory Group (TAG) established
in Section VI of this agreement shall review the proposed SCHOOL DISTRICT Five-Year Capital
Facilities Program and report to the SCHOOL BOARD, the COUNTY, and the MUMCIPALITIES
pn whether pr not the proposed SCHOOL DISTRICT'S Five-Year Capital Facilities Plan maintains
the adopted Level of Service by adding enough projects to increase the FISH capacity to eliminate
any permanent student station shortfalls; by including required modecniTation of existing facilities;
and by providing permanent student stations for the projected growth in enrollment over each of the
five (5) years covered by the Plan.
•
Page 17 of 71
•
E. Final Adoption.
Unless it is delayed by mediation or a lawful challenge, the SCHOOL BOARD shall
adopt the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan and it shall become effective no
later than September 15th of each year.
F. Material Amendment to the School District's Fivc-Year Capital'Facilities Plan.
1. The SCHOOL BOARD shall not amend the SCHOOL DISTRICT Capital
Facilities Program so as to modify, delay or delete any project in the first three (3} years of the
Program unless the SCHOOL BOARD determines by written findings, with the concurrence of at
least five Board members:
(a) That the modification, delay or deletion of a project is required in order
to meet the SCHOOL DISTRICT'S constitutional obligation to provide acounty-wide uniform
system of free public schools or other legal obligations imposed by state or federal law; or
(b) That the modification, delay or deletion of a project is occasioned by
unanticipated change in population projections or growth patterns or is required in order to provide
needed capacity in a location that has a current greater need than the originally planned location and
does not cause the adopted LOS to be exceeded in the CSA from which the originally planned
project is modified, delayed or deleted.
G. Amend Comprehensive Plan
Once the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan, the annual
update, or an_v material amendment has been adopted by the SCHOOL BOARD, the COUNTY and
•
Page 18 of 71
MUNICIPALITIES shall amend "The SCHOOL DISTRICT of Palm Beach County Six Year Capital
Improvement Schedule" of the Capital Improvement Element of their Comprehensive Plans to
include-the changes in their next round of amendments.
TV. COMPREHENSIVE PLAN AMENDMENTS
A. Process for Development and Adoption of Capital Improvements Element
1. The SCHOOL- DISTRICT shall prepare and the COUNTY and the
MUNICIPALITIES shall adopt into the Capital Improvements Element of their compi+ehensive plan
• "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule"of the
SCHOOL DISTRICT'S Five-Year Capital Facilities Plan set forth in Section III, in this
AGREEMENT.
2. The COUNTY and MUNICIPALITIES, by adopting "The SCHOOL
DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" in the Capital
Improvements Element of the LOCAL GOVERNMENT'S Comprehensive Plan, shall have no
obligation nor responsibility for funding the SCHOOL DISTRICT'S Five-Year Capital Facilities
Plan.
3. The procedures for the annual update and amendment of the local
government's public school capital facilities program in its Capital Improvements Element is set
forth in Section III of this AGREEMENT.
•
Page 19 of 71
•
B. Process for Development, Adoption and Amendment of the Public School
Facilities Element (PSFE).
1 _ The COUNTY and MUNICIPAI-IZ~S Sbau ad°pt a Public School Facilities
Element which is consistent with this AGREEMENT and Rule 9J-5.025, F.A.C. The COUN'I~Y and
MUNICIPALITIES shall notify TAG when this element is adopted and when the element becomes
effective_
2. In the event it becomes necessary to amend the PSFE, prior to transmitting
the amendment to the Department of Community Affairs pursuant to Section 163.3184, Florida
Statutes, the local government wishing to initiate an amendment shall request review through the
Intergovernmental Plan Amendment Review Committee (IPARC) in accordance with the i
"Comprehensive Plan Amendment Coordinated Review" Interlocal Agreement dated October 1,
1993, attached as Exhibit A to this AGREEMENT_ Zhe IPARC Clearinghouse shall be responsible
for distributing the amendment to all PARTIES to this AGREEMENT that are participants in the
Comprehensive Plan Amendment Coordinated Review Interlocal Agreement for review and
comment.
(a) I f all local governments agree to the amendment, they shall adopt the
amendment in accordance with the statutory procedures for amending comprehensive plans.
(b) If any local government does not agree to the amendment, and the
issues cznnot be resolved between or among the PARTIES, the issue shall be referred to mediation
~J
Page 20 of 71
•
in accordance with Section VII of this agreement. In such a case, the PARTIES, agree not to adopt
the amendment until the mediation process is completed.
3. Any local issues not specifically required by Statute or Rule in the Public
School Facilities Element may be included or modified in the Local Government Public School
Facilities Element by following the normal Comprehensive Plan amendment process.
C. Intergovernmental Coordination Element
The process for the development, adoption, and amendment of the Intergovernmental
Coordination Element shall be that set forth in Section 163.3184, Florida Statutes.
V. SCHOOL CONCURRENCY PROGRAM
A. Commencement of School Concurrency Program
The School Concurrency Program described in this Article shall commence ninety
(90) days- after the effective date of the last required LOCAL GOVERNMENT comprehensive plan
elements required for school Concurrency.
B. Concurrency Service Areas.
1. The PARTIES hereby agree that School Concurrency shall be measured and
applied on the basis of twenty-one (21) Concurrency Service Areas (GSA's) as described in the
Public School Facilities Element
•
Page 21 of 71
•
2. The COUNTY and MUNICIPALITIES agree to incorporate and adopt these
CSA's and the standards for the modification of the CSA's as established below into the local
government comprehensive plans.
3. Any PARTY may propose a change to the CSA boundaries. Prior to
adopting any change, the SCHOOL DISTRICT verify as a result of the change that:
(a) Adopted level of service standards will be achieved and maintained
for each year of the five year planning -period; and
(b) The utilization of school capacity is maximized to the greatest extent
possible. taking into account transportation costs, court approved desegregation plans and other
relevant factors.
4. The PARTIES shall observe the following process for modifying CSA's_
(a) At such time as the SCHOOL DISTRICT deternunes that the change
is appropriate considering the above standards, they shall transmit the proposed CSA's and data and
analysis to support the changes to the MUNICIPALITIES, to the COUNTY and to TAG.
(b) COUNTY, MUNICIPALITIES and TAG shall review the proposed
amendment and send their comments to the SCHOOL BOARD within 60 days of receipt.
(c) In the event there is no objection, the local governments shall amend
their plans to reflect the changes to the CSA boundaries in their next amendment round.
(d) The change to the CSA boundary shall become effective on the
effective date of the last local government plan amendment adopting the change.
•
Page 22 of 71
•
C. Level of Service (LOS)
To ensure the capacity of schools is sufficient to support student growth at the
adopted level of service for each year of the five year planning period and through the long term
planning period, for each CSA, the PARTIES hereby establish the LOS as set forth below. The
actual LOS (utilization) for ail schools of each type in each CSA and each individual school shall
be established each year by the first student count of the second semester.
1. Tiered Levels of Service shall be in force pursuant to the Tiered Level of
Service Table in the Public School Facilities Element until August 1, 2004. Individual schools of
each type may exceed the Tiered LOS during the period in which Tiered LOS are in effect, provided
• that the CSA's Tiered LOS is not exceeded. However, each individual school's LOS which exceeds
the Tiered LOS, during the time that the Tiered LOS is in effect, shall not exceed the utilization
standards for that school type as shown in the Maximum Utilization Table of the Public School
Facilities Element. During the time that the Tiered Level of Service Standard is in effect, the
SCHOOL DISTRICT shall initiate necessary program and/or boundary adjustments so that the tiered
LOS is not exceeded in each CSA.
2. After August 1, 2004, the following level of service (LOS) standards shal I
be established for all schools of each type within each CSA and each individual school:
(a) 110 percent of capacity (utilization) as determined by the Florida
Inventory of School Houses (FIST-n; or
•
Page 23 of 71
C7
(b) Up to 120 percent of FIST-I capacity (utilization/LOS) (test two), for
individual schools subject to the results of School Capacity Study (SCS) undertaken by TAG, in
consultation with all LOCAL GOVERS~iMENTS having jurisdiction within the CSA and the
SCHOOL DISTRICT, to determine if a particular school can operate in excess of 110% capacity.
The SCS shall be required if a school in the first student count of the second semester roaches 108
percent or above of FISH capacity, once the Level of Service in V. B2. above is achieved.
3. The School Capacity Study (SCS) shall determine if the growth rate within
each CSA, causing a particular school to exceed 110 percent of capacity, is temporary yr reflects an
ongoing trend affecting the LOS for the Five year planning period_ At a minimum, the study shall
consider:
(a) Demographics in the school's CSA; and
(b) Student population trends; and
(c) Real estate trends, e.g. existing redevelopment and new
redevelopment; and
(d) Teacherlstudent ratios; and
(e) Core facility capacity.
If the SCS concludes that the school can operate within the FISH guidelines and aot exceed
120% LOS (utilization), then that school shall be considered to be operating within the adopted LOS
and the CSA Level of Service shall be amended and the local government comprehensive plans shall
be amended in the next round of amendments to reflect this additional capacity.
•
Page 24 of 71
C]
4. Any PARTY to this AGREEMENT may request a School Capacity Study
(SCS) based on the criteria provided in paragraph 3. above.
5. Any PARTY to this AGREEMENt may propose to the TAG a modification
of the adopted LOS standard at any time. Following a review aad recommendation by TAG and
concurrence by at least 51% of the LOCAL GOVERST[v1ENT~ to this AGREEMENT and the
SCHOOL BOARD, the adopted LOS will be modified by addendum to this AGREEMENT, and
each LOCAL GOVERNMENT shall amend its comprehensive plan to reflect this new LOS in the
next round of amendments.
D. Exemptions
• 1. Single family lots of record, existing as such at the time School Concurrency
implementing ordinance is adopted, shall be exempt from School Concurre~nc~- requirements.
2. Any residential development or any other development with a residential
component that received final approval of a Site Specific Development Order prior to the
commencement date of school concurrency or is exempt from concurnency under a local
government's concurrency regulations is considered vested for that component which was previously
approved and shall not be considered as proposed new residential development for purposes of
school concurrency_
3. Any new Residential Development that has filed a complete application for
a site specific development order or any amendment to any previously approved site specific
Page 25 of 71
•
development order pending prior to the commencement date of the School Concurrency Program
shall be exempt from the School Concurrency Requirements.
4. Any amendment to any previously approved residential development which
does not increase the density is exempt from school concurrency.
5 Any previously approved residential development or any other previously
approved development with a residential component located within any existing `Transportaxnon
Concurrency Exception Area,' as defined in Section163.3180(5), Florida Statutes, is exempt from
school concurrency_
E. Local Concurrency Implementing Ordinance
1 _ Within ninety (90} days after the effective date of the last required LOCAL •
GOVERNIv~NT'S adoption of the Comprehensive Plan Elements addressing school concurrency,
each local government shall adopt an ordinance regulating the issuance of development orders based
on the availability of public schools at the required Level of Service. This ordinance shall be
consistent with the components outlined in Exhibit B and with the provisions of this AGREEMENT.
2. The COUNTY shall adopt an ordinance which provides procedures for review
of municipal development orders and COUNTY unincorporated development orders.
(a) In the event that any participating MUNICIPALITY does not comply
with E.1. above by adopting an ordinance consistent with Exhibit B and this AGREEMENT within
ninety (90) days of the effective date of the Comprehensive Plan Elements, that government shall
•
Page 26 of 71
be deemed to have "opted in" to the COUNTY ordinance in E.2. above and agrees to be bound by the
terms and provisions therein until it adopts its own ordinance.
(b) At any time any LOCAL GOVERNMENT may opt out of the
COLINTY's implementing ordinance through implementing its own ordinance consistent with the
requirements of Exhibit B.
F. School District Review of New Residential Development Proposals
The SCHOOL DISTRICT agrees to review and make school concturency
determinations, for a proposed residential development for which an application for a-development
order is Submitted. The review and determination are afour-part process which: a) accepts the
• residential development application; b) calculates the development's projected students; c) compares
the development's students to projected students within the Five-Year Capital Facilities Plan for
Level. of Service; and c) issues a determination letter. The complete Development Review Process
shall be as follows:
1. Intake Application -Requirements for Proposed Residential Development:
a) The request for a school concurrency determination for a proposed residential
development shall be submitted by either the applicant or the local government, whichever is
specified in the local government's concurrency ordinance.
b) The applicant of the proposed development shall provide the following:
location, the build out time frame, and the number, type and size of all the residential units anticipated
to be occupied each calendar year.
•
Page 27 of 71
•
c) The SCHOOL DISTRICT agrees to log in by date and time stamp every
completed application and agrees that each application shall be processed in the order they are
received.
d) The SCHOOL DISTRICT agrees that it shall review every application and
issue its determination to the applicant within fifteen (IS) working days of receipt of the application.
e) The SCHOOL DISTRICT may charge the applicant anon-refundable
application fee payable to the SCHOOL DISTRICT to meet the cost of review.
2. Calculate Students -Conversion of Proposed Residential Units to Students:
To determine the proposed development's projected students, the proposed development's projected
number and type of residential units for each year shall be converted into projected students for alF •
schools of each type within the specific CSA using the SCHOOL DISTRICT'S Student Generation
Multiplier as shown in EXHIBIT D of the this AGREEMENT.
3_ Determine Utilization -Analysis of Enrollment to Capacity for Five years:
The SCHOOL DISTRICT shall create a Development Review Table (DRT) (shown below) for each
CSA, and will use the DRT to compare the projected students from proposed residential
developments to the CSA's planned growth, enrollment, capacity and utilization (LOS) over the Five
year period. The Development Review Table produces a calculation of the Level of Service for each
school type in each CSA.
The Figures in the Development Review Table are explained below.
Page 28 of 71
•
Figures (1), (2) and (3) are numbers obtained from the Concurrency Service Area Tables (CSA) as
shown in the School District Five-Year Capital Facilities Plan. The Figures show the CSA's
projected 1) enrollment, 2) capacity and 3) utilization.
Figure (4) is the projected number of new residential units in each CSA obtained from the annual
disaggregation of residential units county-wide, based on historic absorption rates. This is established
from the Palm Beach County Projected Units Table, as shown in Exhibit E of this AGREEMENT
as amended annually.
Figure (5) is the number of students expected from projected new units (Fig.4) multiplied by the
student generation multiplier based upon a three bedroom, two-bath house. The multiplier used is
the SCHOOL DISTRICT'S Student Generation Multiplier Table -shown to Exhibit D of this
AGREEMENT.
Figure (6) is a list of the new residential developments in the order that each application is received
within the ESA .
Figure (~ is a list of the number of annual units expected from each residential development.
Figure (8) is the list of projected students from new residential development, calculated by type of
unit and by school level found in t'ie SCHOOL DISTRICT'S Student Generation Multiplier Table
shown in Exhibit D of this AGREEMENT_
Figure (9) is the total number of students per school type from the proposed residential developments_
•
Page 29 of 71
Figure (10) is the number of students which is the difference between the total students from new
developments (Fig_9) subtracted from the expected projected students from new units (Fig.Sj. If the
number is positive, the level of service (Fig.3) does not change_
Figure (11) is the revised student enrollment by school type determined by the difference in (Fig_ 10)
if it is a negative number, that number of students shall be added to the projected student enrollment
(Fig.l).
Figure (12) represents the Level of Service calculated and revised, if needed.
Figure (13) represents the development from adjacent an CSA (if required), recorded in the order that
each application is received.
Insert "Development Review Table" See page 30a Attached
•
Page 30 of 71
• Development Review Table Example
E~or A Single Yc~r
z
z Q
~
~
~
t-
p Z _ -~
~ d. o
,J ~ a
Z ~ o 0
~ ~ ~
W h-- IL
F- Z ~ ~
~ Z Q ~ ~ t1 F-
~ Z
YEAR waJ }}c,
~ ~ tw- Z w~-~
-'~~ ~ Q
N w~ ~~w
~cn~
z QW
as
-~ -~ Z
o ~O
a~z
~
w Q Q ~ ~ ~ t-
U ~ 7 a ~
U
Existing Proj. 1 -~ 2,849 2 3,195 3 89% 4 686 5 117
~ q 22SF 4
~ ~ g 100SF 17
Q ~ 6 C - 7 1935E 8 33
~"" n. p 200SF 3d
Z ~ E 65SF 11
W ~
~ ~ aaj;~ceRc
W ~ csA
~ 3 13 ~ F ~ 90MF _ S
W °'
~
11
9
New LOS 2,849 12 ~ 89% 104
Remaining Student Availability 10 --r 14
Existing Proj. 1 -~ 1,185 2 1,188 3 --~ 100% 4 6$6 S 82
A 22SF 3
c B 100SF ~ 12
°' 6 C 7 1935E 8 23
~
~ a p 200SF 24
Q ~ E 65SF 8
a,
Q ~
d Adjacent
~ CSA
~ 13 F 90MF 14
a~
Z
11
9
New LOS 1,187
12
-Y
100% ~ 84
Remaining Student Availability 10 -1• -2
Existing Proj. 1 -~ 4,034 2 ~ 4,150 3 -~ 97% 4 686 S 158
q 22SF 5
~ g 100SF 23
~ 6 C 7 193SF 8 -~ 44
= o p 200SF 46
~ ~ E 65SF 15
~ Adjacent
~ ~ _
-
p CSA
~ 13 ~ F 90MF 14
v
Z
11
New LOS 4,034 1 2 -~ 97 % 9 ~-- 148
Remaining Student Availability 10 -~ 10
fti pg7wwn ~ i rpOGCONCCRr~CYISECTiOhnn 7 ~ ;~OC~OEvREv3C
~o~ ~f 7!
C:
4. The Three Year Rule
If the level of service is exceeded, and new capacity in the CSA will be in place or
under actual construction in the first three years of the School District's Five-Year Capital Facilities
program,, the new capacity will be added to the capacity shown in Figure 2 and the level of service
will be recalculated.
5. Adjacent CSA Capacity
(a) If the projected studentgrowth-from the residential development causes
the adopted LOS to be exceeded in the Particular CSA and that type of school and capacity exists in
one or more contiguous CSA's, the development shall receive a letter of determination of
w the SCHOOL DISTRICT shall first use the adjacent CSA •
concurrency. In conducting the revie ,
with the most available capacity to evaluate projected enrollment, and if necessary shall continue to
the CSA with the next most available capacity until all adjacent CSAs have been evaluated or the
letter of determination of concurrency is issued.
(b) If a proposed new development in a CSA which has been used to
provide capacity for a development in an adjacent CSA causes the LOS to be exceeded, the
development in the CSA which used the adjacent CSA's capacity will be re-evaluated by using the
adjacent CSA with the next highest capacity until capacity has been identified or all adjacent CSAs
have been evaluated_ If there is capacity in an adjacent CSA, projected enrollment will be moved
from the originally used CSA to the adjacent CSA with the next highest available capacity.
•
Page 31 of 71
C]
(c) Example of Adjacent CSA Use
(1) The development in CSA 20 was evaluated using the adjacent CSA
with the most capacity for high school students (CSA 19).
(2) Later, a new development proposal in CSA 19 is submitted for
evaluation and there is not enough high school capacity in CSA 19, or adjacent CSA's 17 and 18.
(3) The previously approved development in CSA 20 will be re-evaluated
based on capacity in CSA 21. If the capacity exists in adjacent CSA 21 (2nd highest capacity), the
projected enrollment from the previous development in CSA 20 will be moved from CSA 19 and
added to CSA 21.
(4) The development in CSA 19 will be revaluated based on the new data
for that CSA.
6. Issue Letter of Determination of Concurrency
Letter of Determination of Concurrency shall be issued if the impacts of the proposed
development's student growth does not cause the adopted Level of Service (or Tiered LOS) to be
exceeded, the Letter of Determination of Concurrency shall indicate the development to be in
•
Page 32 of 71
r:
compliance. If the development is not in compliance, the Letter of Determination of Concurrency
shall detail why the development is not incompliance and shall offer the applicant the opportunity
to enter into the 90 day negotiation period described below_
7. Mitigation
(a) Mitigation shall be allowed for those residential development proposals that
the SCHOOL DISTRICT determines cannot meet adopted level of service standards. The applicant
shall be allowed to enter a ninety (90).day negotiation period with the SCHOOL DISTRICT in an
effort to mitigate the impact from the development_ Prior to the approval of the mitigation plan, the
local government shall have the opportunity to review the mitigation options which shall be limited
to those the SCHOOL DISTRICT recognizes and assumes the responsibility to operate, with the
exception of charter and private schools, and which will maintain the adopted level of service
standards for the first Five years from receipt of the school concurrency Determination Letter.
Mitigation options must consider the SCHOOL DISTRICT'S educational detivery methods and
requirements, and the State Requirements for Educational Facilities (S_R.E.F.) and may include:
(1) Donation of buildings for use as a primary or alternative
learning facility ; andlor
(2) Renovation of existing buildings for use as learning facilities;
or
(3) Construction of permanent student stations or core capacity-.;
or
C:
Page 33 of 71
•
(4) For schools contained in the adopted SCHOOL DISTRICT's
Five-Year Capital Facilities Plan only, upon agreement with the SCHOOL BOARD, the developer
may build the school in advance of the time set forth in the SCHOOL DISTRICT's Five-Year Capital
Facilities Plan_ The SCHOOL BOARD shall enter into an agreement to reimburse developer at such
time as the school would have been funded in the SCHOOL DISTRICT's Five-Year Capital Facilities
Plan; or
(5) Charter School; or
(6) Private School; or
_ (7) For mitigation measures 1,2,3 and 4 above, the developers shall
• receive impact fee credit.
(8) Upon conclusion of the 90 day period, a second Letter of
Determination of Concurrency shall be issued. If mitigation is agreed to, the new Letter of
Determination of Concurrency shall find the development is in compliance and shall be conditioned
on those mitigation measures agreed to by the developer and -the School Board. The mitigation
measures shall be memorialized in an agreement between the School District and the Developer that
specifically details mitigation provisions to be paid for by the developer and the relevant terms and
conditions. If mitigation is not agreed to, the new Letter of Determination shall detail why any
mitigation proposals were rejected and detail why the development is not in compliance.
•
Page 34 of 71
G. Term of School Concurrency
A Letter of Determination for School Concurrency issued by the SCHOOL DISTRICT
shall be .valid for one year from the date of issuance_ Once the Local Government Site Specific
Development Order is issued, the concuaency detemaination shall run with the Development Order.
H. Suspension of Concurrency
1. School concurrency shall be suspended in all CSA's upon the occurt~ence and
for the duration of the following conditions:
(a) The SCHOOL DISTRICT gives written notice to the COUNTY and
the MLTIIICIPALITIES of the occurrence of an "Act of God" as provided in this AGREEMENT; or
(b) The SCHOOL BOARD does not adopt an update to its SCHOOL •
DISTRICT'S Five-Year Capital Facilities Plan by September 15th of each year consistent with the
requirements of this AGREEMENT; or
(c) The SCHOOL DISTRICT's adopted update to its Capital Facilities
Program Plan does not add enough FISH capacity to meet projected growth in demand for permanent
student stations at the adopted level of service for all schools of each type for each CSA and each
individual school as determined by TAG based on data provided by the SCHOOL DISTRICT; or
(d) The SCHOOL DISTRICT'S Five-Year Capital Facilities Plan is
determined to be financially infeasible based on an evaluation of all funds available to the SCHOOL
DISTRICT for capital improvements as determined by the State Department of Education; or as
defined by the issuance of a Notice of Intent to Find an Amendment to a Capital Improvement
Page 35 of 71
•
Element not in compliance as not being financially feasible, by the Department of Community Affairs
pursuant to Section 163.3184, Florida Statutes; or by a court action or final administrative action;
or
e) If concurrency is suspended in one-third or more of the CSA's pursuant
to G.2. of this Section below.
2. School Concurrrnry shall be suspended within a particulaz CSA, upon the
occurrence and for the duration for the following conditions:
(a) Where an individual school in a particular CSA is twelve or more
months behind the schedule set forth in the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan,
concunrency will be suspended within that CSA and the adjacent CSA's for that type of school; or
(b) The SCHOOL DISTRICT does not maximize utilization of school
capacity by allowing a particular CSA or an individual school to exceed the adopted Level of Service
(LOS); or.
(c) Where the School Board materially amends the first 3 years of the
SCHOOL DISTRICT'S Five-Yeaz Capital Facilities Plan in accordance with Section III G_, and that
amendment causes the Level of Service to be exceeded for that type of school within a CSA,
concurrency will be suspended within that CSA and the adjacent CSA's only for that type of school.
3. If the Program Evaluation Report in accordance with SectionVLM., below,
recommends that concurrency be suspended because the program is not working as planned,
concurrency may be suspended upon the concurrence of 33% of the Parties to this AGREEMENT.
Page 36 of 71
C
4. Once suspended, for any of the above reasons, concurrency shall be reinstated
once TAG determines the condition that caused the suspension has been remedied or the Level of
Service for that year for the affected CSA's have been achieved_
VI. MONITORING
A. Establishment of the Technical Advisory Group (TAG).
The PARTIES agree that the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan
and the ten and twenty year work programs will be monitored by an independent Technical Advisory
Group (TAG) to be established by the PARTIES of this AGREEMENT no later than 90 days from
the date this AGREEMENT becomes effective. •
B. Purpose of the TAG.
The purpose of the TAG is to function as a resource for the SCHOOL BOARD, the
COUNTY and the MUNICIPALITIES and to make recommendations including but not limited to
the following:
1. The SCHOOL DISTRICT'S Five-Year Capital Facilities Plan.
2. Ten and twenty year work programs- It is recognized that the 10 and 20 year
work programs are tentative and will be used for general planning purposes.
3. Schools that trigger a School Capacity Study (SCS).
4. CSA boundaries.
5 _ SCHOOL DISTRICT Management reports
Page 37 of 71
u
6. Operation and effectiveness of the concur envy program
C_ Membership of the TAG.
1. The TAG will consist of five (5) members with relevant special lmowledge or
experience and shall include the following:
(a) A Certified Public Accountant nominated by the FAU College of
Business.
(b) A general contractor nominated by the Local Chapter of the AGC.
(c) A demographer nominated by the FAU College of Geography.
(d) A planner nominated by the Treasure Coast Chapter of the American
Planning Association.
(e) A business person representing the for-profit private sector nominated
by the Economic Council of Palm Beacl_ raunty.
2. The parties expect the nominating agencies to make the initial
recommendations no later than 30 days from the effective date of this agreement and other
nominations no later than 60 days prior to the expiration of the term of membership.
3 Interim vacancies shall be filled as quickly as possible.
4. TAG members shall be automatically approved within 60 days of the
nomination unless vetoed by the SCHOOL BOARD, the League of Cities Board of Directors or the
Board of COUNTY Commissioners (BCC).
Pale 38 of 71
•
D. Terms of Membership
The initial terms of TAG members shall commence 90 days from the effective date
of this AGREEMENT and be as follows:
1 _ Two Year Terms -The CPA and the General Contractor and the business
person.
2. Three Year Terms -Demographer, and Planner
Each succeeding appointment shall be for a Lean of three years. Upon the death, or
resignation, of a member, the nominating body will propose a successor for the unexpired term, or
a full term, as the case may be, and will be accepted unless vetoed per Section C.2. above.
E. Election of Chair and Organization Meeting
1. At the first meeting of the TAG and every year thereafter, on or about the
anniversary of the first meeting, the members of TAG shall hold an organizational meeting.
2. At the organizational meeting, the members shall elect a chair and vice hair
who will serve one year terms_ There shall be a limit of two consecutive terms the chair and vice-
chair may serve.
3. The TAG has the authority to enact their own rules of procedure.
F. Quorum and voting
No meeting of TAG shall be called to order, nor may any business be transacted
without a quorum consisting of a majority of the members being preseat_ All actions shall require
a simple majority of the members then present and voting. In the event of a tie vote, the proposed
Page 39 of 71
r~
U
motion shall be considered to have failed. No member shall abstain from voting unless there is a
conflict of interest pursuant to Florida Statutes.
G. Meetings open to the public
All meetings shall be open to the public.
H. Compensation
The members of TAG shall receive no compensation for their services.
I. Staff Support for the TAG
The PARTIES will direct their staffs to cooperate with the TAG in performance of its
duties under this AGREEMENT. Clerical support for meetings of TAG will be provided by the
• SCHOOL DISTRICT.
J. Management Reports
By July 1st each year, the School Superintendent shall submit an annual management
report, to' the SCHOOL BOARD and TAG detailing the status of the SCHOOL DISTRICT'S
implementation of its adopted Five-Year Capital Facilities Plan. The management repord .~vill contain
reports on the status of each capacity or modernization project in the SCHOOL DI.iTRICT's Five-
Year Capital Facilities Plan- including any related audits and a schedule of the proposed
commencement and completion date of all programmed activities. Revisions to projected costs for
unbuilt projects and the projected costs compared to actual costs of each constructed project shall also
be included-
•
Page 40 of 71
,7
K. Enrollment Reports
The SCHOOL DISTRICT Superintendent shall submit a yearly report on the first
student count of the second semester enrollment of all schools of each type in.each CSA and each
individual school by February 15th.
L. Monitoring Reports
The TAG shall review the information submitted by the SCHOOL Superintendent and
shall compile and submit a report annually on the following:
1. The accuracy of previous pupil enrollment projections compared with actual
enrollment.
2. The accuracy of previous population projections of each CSA compared with •
actual growth.
3. The accuracy of projected costs of school construction projects compazed with
actual costs.
4. The accuracy of projected school construction schedules compared with actual
performance.
All annual reports of the TAG shall be submitted to the MUNICIPALITIES, the COUNTY
and the SCHOOL BOARD by August 1. Any interim TAG report shall be submitted to the parties
within five days of completion.
•
Page 41 of 71
•
M. Program Evaluation Report
1. On or before August 1, 2002, or at the request of any party to this
AGREEMENT, TAG shall initiate an evaluation of the effectiveness of the program. This
evaluation shall consider but not be limited to the following:
•
(a) Number of school concurrency suspensions by school type
(b) Duration of school concurrency suspensions
(c) Ability to achieve and maintain the adopted LOS
(d) Timeliness of parties' response required by this AGREEMENT.
(e) Operation and effectiveness of the concurrency program.
2. TAG shall issue a report on the findings and recommendations to all PARTIES
by November 1, 2002, and every 2 years thereafter, and within 90 days afrer the request for review
by any party to this AGREEMENT. The recommendations shall include, but not be limited to,
suspension and changes to the following:
(a) Joint Planning and Coordination by PARTIES to this AGREEMENT
(b) LOS Standards
(c) Interlocal AGREEMENT
(d) Goals, Objective and Policies
(e) CSA boundaries
(f) Implementing Ordinance
(g) SCI--TOOL DISTRICT'S Five-Year Capital Facilities Plan.
Page 42 of 71
N. Conflict of Interest
1. General_ No TAG member shall have any interest, financial or otherwise,
direct or indirect, or engage in any business transaction or professional activities, or incur any
obligation of any nature which is in substantial conflict with the proper discharge of duties as a
member of the TAG.
2. Implementation. To implement this policy and strengthen the faith and
confidence of the citizens of Palm Beach County, members of the TAG are directed:
(a) Not to accept any gift, favor, or service that might reasonably tend to
improperly influence the discharge of official duties.
(b) To make Imown by written or oral disclosure, on the record at a. TALr
meeting, any interest which the member has in any pending matter before the TAG before any
deliberation on that matter.
(c) To abstain from using membership on the TAG to secure special
privileges or exemptions.
(d) To refrain from engaging in any business or professional activity which
might reasonably be expected to require disclosure of confidential information acquired by
membership on the TAG not available to members of the general public, and refi-ain from using such
information for personal gain or benefit.
(e) To refraui from accepting employment which might impair independent
judgment in the performance of responsibilities as a members of the TAG.
•
Page 43 of 71
•
(f) To refrain from transacting any business in an official capacity as a
member of the TAG with any business entity of which the member is an officer, director, agent or
member, or in which the member owns a controlling interest.
(g) To refrain from participation in any matter in which the member has
a personal investment which will create a substantial conflict between private and public interests.
VII. MEDIATION OF DISPUTES
The PARTIES aclrnowledge that the intergovernmental coordination provisions of Section
163.3177(6)(h), Florida Statutes, may not eliminate all disputes between the PARTIES to this
i agreement and such disputes may affect the SCHOOL DISTRICT and the land use planning authority
of the COUNTY and the MUNICIPALITIES. In the case of the negotiation, adoption, and
implementation of any provisions of this interlocal agreement or amendment thereto, COUNTY,
MUNICIPALITIES and the SCHOOL DISTRICT agree that those PARTIES in opposition shall
attempt an informal resolution of the concerns raised. In the event objections cannot be resolved
within 20 days or such other time as may be mutually agreeable, the PARTIES shall have the right
to petition the Court in accordance with the provisions of Article IX.C., or submit their disagreement
for mediation under the protocols of the Palm Beach County Comprehensive Plan Amendments
Coordinated Review Interlocal Agreement of October, 1993, as specified in Article X therein,
attached as Exhibit A to this AGREEMENT.
•
Page 44 of 71
•
If the mediation process is irretrievably deadlocked after three meetings, the PARTIES will
submit their dispute to arbitration. The arbitrator will be selected by the Executive Committee of the
Palm Beach County Issues Forum within 15 days after the third mediation meeting, and arbitration
will commence within 30 days after the third mediation meeting. The arbitrator's decisions will be
binding on the PARTIES, and the costs of arbitration will be borne equally by the PARTIES.
VIII. COORDINATED PLANNING
A. The Coordination of Planning and Sharing of Information
The PARTIES recognize that sound planning for both educational facilities and student
growth emanating from existing, redevelopment and new development of residential property requires •
adequate and accurate data and information and that effective coordination of these two planning
functions requires that all of the PARTIES have access to and utilize the same data and information.
Accordingly, the COUNTY, the MLTMCIPALITIES, and the SCHOOL DISTRICT agree to share and
coordinate information relating to existing and planned public school facilities, proposals for
development and re-development, infrastructure required to support public school facilities, and
population projections, including student population projections, which are utilized and relied on by
the PARTIES for planning purposes.
B. Population Projections
The SCHOOL DISTRICT shall utilize the COUN"I'Y'S population projections derived
from the University of Florida Bureau of Economic and Business Research (BEBR) medium
Page 45 of 71 •
•
population projections for permanent resident population, which include municipal and
unincorporated areas, as the basis for student population projections.
The COUNTY shall convert the BEBR projections into both existing and new
residential units and disaggregate these units throughout incorporated and unincorporated Palm
Beach County into each CSA using BEBR's annual estimates by municipality, persons-per-
household figures, historic growth rates and development potential considering the adopted Future
Land Use maps of all local government Comprehensive Plans. These are shown in Exhibit E of this
agreement ("Projected Units Table") which shall be amended annually.
The SCHOOL DISTRICT shall evaluate the disaggregated projections prepared by the
COUNTY, considenng the population projections contained in each local government
Comprehensive Plan, and the State Department of Education Capital Outlay Full Time Equivalent
(COFTE) student projections, making modifications as necessary, and utilizing appropriate models
and methodologies. The SCHOOL DISTRICT shall develop and apply the Student Generation
Multipliers as shown in EXHIBIT D of this AGREEMENT for all schools of each type to the
projected residential units, considering past trends within specific geographic areas, in order to project
school enrollment, consistent with the requirements of Chapter 235, Florida Statutes.
All PARTIES agree to the continued use of this methodology, which has been used
by the SCHOOL DISTRICT since 1996, and, based upon its historical accuracy, consider its results
to be the best available data.
Page 46 of 71
•
The SCHOOL DISTRICT, the COUNTY and the MUNXCIPAL7STIES commit to
continued efforts to improve this methodology and enhance cootdiaation with -the playas of the
SCHOOL DISTRICT atad local gorncrrmnents_ Populatitm and student e~nrollmeut projections shall be
revised annually to ensure tlydt nCw residential develapnncnt and redevelopment iufakmatioa provided
by tl~e M'LiNICIPALITIFS and the CQUNiY is reflected sn the updated projetaaons. The revised
projections and the variables utili~d in making the Pa'ojectio~ sfiall be reviewed by all sigaatoxies
through the Iiltcrgovemmeatal Plan Amendment Review C.'+pnamittee {1lPARG). Projections shall be
especially revisited and re~tned vnth the results of the 2000 Census.
C, Loral Covexmment Aata Correction .
On April 1 and October t ofeach year, local governments shall provide the SCHOOL
DISTIICT with the intformation regarding the Certificates of Occupancy issuod for new residential
units. The actual students generated from new residential emits will be used in the data and analysis
for the annual update of the SCHOOL DISTRICT'S l=ive-Year Capital Facilities Plan _
p_ School Dlstnct Data Publication
The SCHOOI. DISTRICT shall publish data concerning school capacity, including
the ctuoltment of each individual school based ort the first count of the second acmester, -the actual
capacity of each school at the adopted level of service, the enrollment and capacity for all schools of
each type in each concurrency service area The SCHOOL DISTRICT shall spccificaliy update the
data upon meeting the following condstions: no later than fifteen (15) working days after the annua[
•
Page a7 of 71
•
update of the SCH40L Ia1STRICT's Five-~Cear Capital Facilities plan; ~+ith the~first eo~int of the
second semester each year, as new capacity becomes operational;. when a SCS is approval; or as
concttrrency dettrminatioas are issued.
E. Mttititplier Publication
Sixty (60) days pri~'to the impimnmtarion of ooncimcncy the SCF~OOL DY5[RIC:T'
shall l~~ d~og:aphic multiplicxs. "These maitiplieas will be used for the terra of this aginemant
to determine the number of eiemeaYtsry; middle and higix school students, bawd ojn the timber an,d
type of residential units from the proposed development. These multipliers must be'suppotted by
• data aid analysis based on existing enrollment for tech type o£ residential unit and will be ttpdaLed
or ro-vec-fied by the SCHOOL DYSTRICI' upon renewal of chits ~eat_
F- Proposals for Dt'velopaaaent, Redevelopment aad Iufr~structure required to
Support Public Sthovl psciliCies
On or before January 1 of each year, for the SCHOOI. piSTR1CT's consideration and
utilization in preparing its annual update of the SCHOOL DISTRICT'S 1"ive-'Yeat Capital Facilities
Plan the COLlN7'Y and the Ni[JI~XCII>AI,ITiF.S shall provide to the SCH44L DISTRICT a report
setting forth the CO[,1NTY'S and the MCTI`iICII?AIr,T'rIFS' respective projections for development, and
redevelopment, in the forthcoming year. Ir- addition. before January 1 of each yearthe COCJN'TY and
the MUNICIPALITIES shall provide to the SCHO01. DISTRICT' a copy of any amtndnaents to their
respective f ve-year mad plans, five-year utility plans, and five-year plans for p2i~ks, fire protection
and public safety and any other plans they have in their possession aff~ting infrastrueture_
Page 48 of 71
G. School Siting
1. Unless a local GOVERNMENT has or does enter into a separate Interlocal
Agreement relating to school siting, the following provisions shall be followed in school siting
decisions. If a separate Interlocal Agreement that addresses school siting is in effect, the provisions
of that Agreement shall control and this Section (G) and shall not be applicable between those parties.
2. The SCHOOL DISTRICT shall coordinate planning and site location of
educational facilities with each MUNICIPALITY and the COUNTY in which a school site is
proposed for construction or site~acquisition within the SCHOOL DISTRICT'S Five=Year Capital
Faeilities-Plan in accordance with Chapters 235 and 163 of the Florida Statutes. This process shall •
assist in determining possible sites for the proposed schools and the consistency with the
Comprehensive Plan, applicable land development regulations, the necessary existing or planned
infasstructure, and coordination of public facilities such as parks, libraries, and community centers.
3. Not less than 90 days prior to adoption of the initial Five-Year Capital Facilities
Plan and any amendments or yearly updates, the SCHOOL DISTRICT shall coordinate with the
COUNTY and each MUNICIPALITY in which a school is proposed for construction or expansion
under the proposed plan to determine the consistency of one or more proposed sites with the local
government's comprehensive plan and the availability of necessary or planned infrastructure and to
coordinate the proposed location with public facilities such as parks, libraries and community centers-
Alternative sites may be proposed by the LOCAL GOVERNMENT for the consideration of the
SCHOOL DISTRICT.
r:
Pale 49 of 71
4. At least 60 days prior to acquiring or teasing any property that may be used for
a school site, the SCHOOL DISTRICT shall provide written notice of the proposed acquisition to the
LOCAL GOVERNMENT in whose jurisdiction the proposed site is Iocated. This written notice from
the SCHOOL DISTRICT shall include a school site acquisition form, aerial map, location map and
proposed acquisition and construction completion schedule. As quickly as possible but no later than
45 days from receipt of this notice, the LOCAL GOVERNMENT shall notify the SCHOOL
DISTRICT if the proposed site is consistent with the land use categories and policies of the LOCAL
GOVERNMENT's comprehensive plan and zoning district and provide comments regarding the
feasibility of each of the sites submitted by the SCHOOL DISTRICT. These comments should
• address the availability of necessary and planned infrastructure and the collocation of the proposed
school facility with other public facilities such as parks, libraries and community centers. The
SCHOOL DISTRICT shall include these comments in their rating system to determine the best
overall site for acquisition. This preliminary notice does not constitute the local government's
determination of consistency required by Section 235.193(5), Florida Statutes.
5. The SCHOOL DISTRICT shall submit a request for determination that a
proposed site for a public educational facility is consistent with the LOCAL GOVERNMbZsIT's
comprehensive plan and land development regulations and an application for site plan approval as
early in the design stage as feasible, but no later than 90 days prior to the proposed construction
commencement date of a new public educational facility or modernization of an existing public
educational facility. The SCHOOL DISTRICT application shall include the items required in
•
Page 50 of 71
•
paragraph 4, a site plan meeting the requirements of the LOCAL GOVERNMENT's land
development regulations to the extent the land development regulations are not in conflict with the
state uniform building code or the review criteria in subparagraph (b) below, any other information
required for site plan review under the LOCAL GOVFsIZ[JMEN"T's land development regulations,
and, if in a municipality, a municipal traffic concurrency letter from the County,Engmeer- The
LOCAL GOVERNMENT shall have 90 days to determine in writing after receiving all of the
required informatian from the SCHOOL DISTRICT whether the proposed site and site plan for the
public education facility is consistent with the local comprehensive plan and local land~development
regulations and if the site plan is approved_
(a) If the LOCAL GOVERNMENT tnf°~ ~e SCHOOL DISTRICT that •
a proposed site is not consistent with the land use categories and policies of the LOCAL
GOVERNMENT's comprehensive plan, the SCHOOL DISTRICT shall not proceed to construct any
new or expanded public educational facility on the site unless and until the LOCAL GOVERNMENT
comprehensive plan is amended to make the proposed facility consistent with the LOCAL
GO comprehensive plan_ If the site is consistent with the comprehensive plan's future
land use policies and categories in which public schools are allowable uses, the LOCAL
GOVERNMENT may not deny the development of the site for a public educational facility but may
impose reasonable development standards and conditions through the site plan approval process in
accordance with Section 23534(1), Florida Statutes.
Page 51 of 71
:7
•
(b) The LOCAL GOVERSdMENT may not deny the site plan based on the
adequacy of the site plan as it relates solely to the needs of the educational facility. The LOCAL
GOVERNMENT'S review may consider the site plan and its adequacy as it relates to environmental
concerns, health, safety and welfare, and effects on adjacent property. Standards and conditions may
not be imposed which conflict with those established in Chapter 235, Florida Statutes, or the State
Uniform Building Code, unless mutually agreed by the SCHOOL DISTRICT and the LOCAL
GOVERNMENT'. The parties agree that the following criteria shall be applied in evaluating the site
plan-
(1) The proposed site and education facilities shall, at a minimum, meet the
State Requirements for Educational Facilities (SR:EF), plus a ten percent (10%) capacity flexibility
allowance in conformance with the SCHOOL DISTR:ICT's adopted level of service.
(2) The site plan shall demonstrate that there are no adverse impacts on sites
.listed- in the national Register of Historic Places or otherwise designated in accordance with
appropriate State guidelines as locally significant historic or azchaeological resources.
(3) The site plan shall provide sufficient space to meet on-site pazking and
on-site traffic circulation requirements to satisfy current and projected site generated vehicular
demand.
(4) There shall be adequate setbacks, buffering and design controls to
eliminate or decrease any negative externalities, such as noise, from affecting neighboring
developments in accordance with SREF standards, at a minimum. Outdoor recreational facilities,
Paae ~2 of 71
•
including stadiums and similar support facilities shall be located and buffered on the proposed site
to minimise impacts on the adjacent properties.
(5) The location of the proposed site-shall comply with all provisions of
Florida Statutes, as they relate to the siting of public education facilities.
(6) The following access standards shall apply to the proposed sites of the
specific school types to ensure they are consistent with the LOCAL GOVEP:tvMENT's
comprehensive plan.
(i) For elementary schools, special education facilities, and alteraative
education facilities, proposed school sites shall have direct access to at least a minor collector road
or as otherwise approved by the LOCAL GOVE~ after determination of acceptable traffic
impacts_
(ii) For middle schools, the proposed site shall have direct access to
at least~a minor collector road or as otherwise approved by the LOCAL GOVERNMENT after
determination of acceptable traffic impacts.
(iii) For high schools, the proposed location shall have direct access
to at least a major collector road, or as otherwise approved by the LOCAL GOVERNMENT after
determination of acceptable traffic impacts.
(c) Any facility not used exclusively for educational purposes and any non-
educational uses are subject to the LOCAL GOVERNMENT'S land development regulations and
such facility or use shall not occur unless approved pursuant to those regulations.
Page 53 of 71
•
(d) Nothing herein shat( preclude the SCHOOL DISTRICT and the
LOCAL GOVERNMENT from developing alternative development standards based on mutually
acceptable performance criteria, that would meet the intent of the provisions listed above.
H. School District Review Of Future Land Use Element Plan Amendments.
I . Each LOCAL GOVER:NNLETTI' that is not a participant in the Comprehensive
Plan Amendment Coordinated Review Interlocal Agreement dated, October 1993, agrees to submit
to the SCHOOL DISTRICT at least 30 days prior to its transmittal hearing an executive summary of
any amendment to the Future Land Use Element that modifies or adds any residential designation
along with a copy of the plan amendment and supporting material and the date, time, and place of the
transmittal hearing. Each LOCAL GOVERNMEIVI' that is a participant in the `Comprehensive Plan
Amendment Coordinated Review Interlocal Agreement' shall follow the procedures of that
AGREEMENT.
2. The SCHOOL DISTRICT shall review the information submitted and shall
evaluate the impact of the proposed amendment on the Public School Facilities Plan, the consistency
of the proposed plan amendment with the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan,
the impact on the adopted Level of Service standard for public schools, and the projected timing and
delivery of public school facilities to serve any residential development authorized by the
Comprehensive Plan Amendment.
3. V/ithin 20 days of receipt, the SCHOOL DISTRICT, shall submit to the
CO[INTY or affected MUNICIPALITY a written report setting forth the findings and
Page 54 of 71
C.
recommendations of the SCHOOL DISTRICT, and specifically setting forth the capacity, or lack
thereof; of existing facilities or planned- facilities in the current SCHOOL DISTRICT Capital
Facilities Program Plan to serve additional students without overcrowding such facilities beyond the
adopted Level of Service.
4. The COUNTY or MUNICIPALITY shall consider the report and
recommendations of the SCHOOL DISTRICT at its transmittal hearing, and if the COUNTY or
MUNICIPALITY decides to transmit the Proposed Plan amendment to the Department of Community
Affairs, the COUNTY or MUMGIPALITY shall include the written report and recommendations of
the SCHOOL DISTRICT in its transmittal package.
5. In considering whether to adopt any Comprehensive Plan Amendment •
providing for residential development, the COUNTY and the MUNICIPALITIES agree to consider
the factors set forth in the written report of the SCHOOL DISTRICT.
6. The COUNTY and the MUNICIPALITIES agree to abide by the procedures
set forth in subparagraphs 1 through 5 above, in considering any proposed amendments to the Future
Land Use Element of their respective plans.
IX. SPECIAL PROVISIONS
A. SCHOOL DISTRICT Requirements.
The PARTIES acknowledge and agree that the SCHOOL DISTRICT is or may be
subject to the requirements of the Florida and United States Constitutions and other state or federal
Page 55 of 71
statutes regarding the operation of the public school system. Accordingly, the COUNTY, the
MUNICIPALITIES and the SCHOOL DISTRICT agree that this AGREEMENT is not intended, and
will not be construed, to interfere with, hinder, or obstruct in any manner, the SCHOOL DISTRICT"s
constitutional and statutory obligation to provide a uniform system of free public schools on a
county-wide basis or to require the SCHOOL DISTRICT to confer with, or obtain the consent of the
COUNTY or the MUNICIPALITIES, as to whether that obligation has been satisfied. Further, the
CO[JN"IY, the MUNICIPALITIES and the SCHOOL DISTRICT agree that this AGREEMENT is
not intended and will not be construed to impose any duty or obligation on the COUNTY or
MUNICIPALITY for the SCHOOL DISTRICT'S constitutional or statutory obligation. The
COUN`IY and the MUNICIPALITIES also aclmowledge that the SCHOOL DISTRICT's obligations
under this AGREEMENT' may be superseded by state or federal court orders or other state or federal
legal mandates.
B. Land Use Authority
The PARTIES specifically acknowledge that each LOCAL GOVERNMENT is
responsible for approving or denying comprehensive plan amendments and development orders
within its own jurisdiction. Nothing herein represents or authorizes a transfer of this authority to any
other party.
•
Page 56 of 71
•
C. Specific Performance
The COUNTY, the MLJNICIPAI-ITIES and the SCHOOL DISTRICT shall have the
right to petition the Circuit Court for the Fifteenth Judicial Circuit for the State of Florida for specific
performance of any and all of the provisions of this AGREEMENT.
X. ACTS OF GOD AND OTHER EXIGENT, CIRCUMSTANCES BEYOND THE
CONTROL OF THE SCHOOL BOARD
The COUNTY and the MiJNICIPALITIES acknowledge that the SCHOOL DISTRICT, in
its operation of the public school system, is subject to events, circumstances, and external forces and
authorities beyond its control. Examples are hurricanes or other natural disasters which destroy school
facilities, other emergency situations affecting the operation of the public school system, state court
judgments concerning the SCHOOL DISTRICT's State Constitutional or Statutory obligation to
provide a uniform system of free public schools, and school desegregation orders or compliance
agreements involving Federal Courts or the Office of Civil Rights, United States Department of
Education. Such events or actions may prevent the SCHOOL DISTRICT from complying with the
provisions of this AGREEMENT and may require the SCHOOL DISTRICT to deviate from or
modify the SCHOOL pISTTZICT's Five-Year Capital Facilities Flan agreed to and approved by the
COUNTY, the MUNICIPALITIES and the SCHOOL DISTRICT. The COUNTY and the
MLJNICLPALITIFS hereby agree that such noncompliance, deviations, or modifications will not be
r 1
LJ
Page 57 of 71
deemed a violation of this AGREEMENT and that the provisions of suspension will pertain to those
occurrences.
XI. STANDING AND THIRD PARTY BENEFICIARY RIGHTS
The PARTIES hereby acknowledge and agree that it is not the intent of any party to this
AGREEMENT to confer any rights on any persons or entities other than the PARTIES to this
AGREEMENT. No person ar entity not a party to this AGREEMENT shall have any claim or cause
of action against either the COUNTY, the MUNICIPALITIES or the SCHOOL DISTRICT for the
failure ofany party to perform in accordance with the provisions of this AGREEMENT except as may
• be provided by law_
XII. AMENDMENT, WITHDRAWAL AND TERMINATION
A. Amending the AGREEMENT
This AGREEMENT may be amended only by written agreement of ~1% of the
PARTIES.
B. Withdrawal from AGREEMENT
Any PARTY that is no longer required by law to be a party to this AGREEMENT may
withdraw from the AGREEMENT by sending written notice to the other PARTIES to the
AGREEMENT and the Department of Community Affairs (or its successor agency) at least sixty (60)
days prior to the effective date of the withdrawal.
•
Pale 58 of 71
•
C. Additional Participants
Any MUNICIPALITY that~becomes a required party after the effective date of this
agreement may become a party to this agreement upon execution of a Unilateral Participation
Agreement in such form as the agreement attached hereto as Exhibit C.
D. Termination of AGREEMENT
'Ibis AGREEMENT' may be terminated by 75% of the PAR'TIFS filing a written notice
of termination with the other PARTIES -within any ninety (90) day period. The AGREEMENT shall
immediately be terminated upon the filing of the written notice by the last required party.
XIII. TERM OF THE AGREEMENT •
This AGREEMENT shall be for a term of (5) years and will automatically be renewed for an
additional five (5) year term as long as no required PARTY objects in writing to the renewal. Any
objection, by any PARTY to this AGREEMENT, to the renewal must be sent. to the other PARTIES
no sooner than 90 days prior to the end of the term.
XIV. INDEMNIFICATION OF PARTIES
A. Hold Harmless
The SCHOOL DISTRICT agrees to hold harmless and indemnify the other PARTIES
to this AGREEMENT against any thud Pam' claim, liability, Lawsuit, and damage award arising out
of the performance of this AGREEMENT for any acts, failure to act, or decisions of the SCHOOL
•
Page 59 of 71
DISTRICT that are totally within the purview of the SCHOOL DISTRICT or aze the responsibility
of the SCHOOL DISTRICT under this AGREEMENT. Acts or decisions of the SCHOOL
DISTRICT include, but are not limited to, items relating to school attendance boundaries, providing
adequate capacity for new students in the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan,
constructing and modernizing schools consistent with the adopted SCHOOL DISTRICT'S Five-Year
Capital Facilities Plan, decisions on whether to accept or reject mitigation, and decisions on available
capacity in the review process.
B. Third Party Claims
The COUNTY and each individual MUNICIPALITY that is a PARTY to this
• AGREEMENT agrees to hold harmless and indemnify all other PARTIES to the AGREEMENT
against any third party claim, liability, lawsuit, and damage award arising out of the performance of
this AGREEMENT for any acts, failure to act, or decisions of that PARTY that are totally within the
purview of. thaE party or are the responsibility of that party under this AGREEMENT. Acts or
decisions of the COUNTY or an individual municipality include, but are not limited to, the denial of
an application for development approval based on school impacts after the SCHOOL DISTRICT has
informed that party that adequate school capacity exists for the development.
XV. MULTIPLE ORIGINALS
This, AGREEMENT may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shalt constitute one and the same instrument.
r~
U
Page 60 of 71
r~
U
XVI. EFFECTIVE DATE OF AGREEMENT
A. Effective Immediately
Upon this AGREEMENT being signed by the last required PARTY, the
AGREEMENT shall be filed with the Clerk of the Circuit Court. This AGREEMENT shall take
effect immediately on the date filed with the Clerk of the Circuit Court and shall continue-until
terminated_
B. Nullification of AGREEMENT
If this AGREEMENT is not signed by all required PARTIES by July 1, 2001, this
AGREEMENT shall be null and void and all PARTIES that sign this agreement are released from
any obligation imposed by the AGREEMENT.
IN WITNESS WHEREOF, the undersigned PARTIES have executed this Interlocal
AGREEMENT on the day and year indicated_
ATTEST:
PALM BEACH COUNTY, FLORIDA, BY
°`~''""°~ ITS BOARD OF COUNTY COMMISSIONERS
~~ ~4~
°ey~ '~~~ ~$~`-Far
Dorothy H_ Wilken~~~l~t °" ~ e ~; °~'`~
Boar i Count C ne y„ ~%- e
' ' ~ ° //l ~Q ~ VI U j~
By ~ -~ °~ v By. ~~~.
E y . t37'Tr
° e `-~ .
p~YClerk ~~ ' F , ~L~ot~' :°,_l/)'~•j/ CoRmm^/issioner Maude(~~(Ford Lee, Chair
~, °s,.•aam°°0' Jaen 1\ L 0 0 0 O V O
sue` •.~,e.°°''° Date: 1UN
Approved, as to Form and - 6 2000
Le fficiency
County Attorney •
Page 6I of 71
r~
U
ATTEST:
~/ ~
By:
i
Approved as to Form and
SCHOOL BOARD OF PALM BEACH COUNTY
'~
By: ~ ~
Dr. Sandra Richmond, Chairman
Date: ~Jf ~ ~~~~
Pale 62 of 71
Lega( Sufficiency
•
ATTEST:
By:
City Clerk
ATTEST:
By:
City Clerk
`ATTEST: '
By:
City Clerk
CITY OF ATLANTIS
R/~illiam Howell, Mayor
DATE:
CITY OF BELLE GLADE
By:
Harma Miller, Mayor
DATE:
CITY OF BOCA BATON
By:
Carol Hanson, Mayor
DATE:
•
•
MiINICIPALITIES
By:
Page 63 of 71
•
`~~~\\\\11111tlflll~~~~.,
```., y~T ON & ;
•••
~~ •QO~i r~ •• _ -
~ .'Q• `C
~ zo _
`~ ' btu ~-
ATTEST: ..••`
,~~~// Ifff11 111\\\\\
Ij}r• ~ ~ Q/.Y/JGG~ tG~L
ity Clerk
APPROVED AS ~O FOR~a
CITY OF BOYNTON BEACH 12,~,`~ "fit' )'~-z-
...
CITY ATTOR:iEY
By:
Gerald Broening, Mayor
DATE: 9~g~o
~~
ATTEST:
• BY
MUNICIPALITIES
City Clerk
By:
CITY OF DELR.AY BEACH
David Schmidt, Mayor
DATE:
- .ATTEST':
By
City Clerk
CITY OF GREENACRES
By:
Samuel Ferreri, Mayor
DATE:
•
Page 64 of 71
•
ATTEST:
Bv:
Town Clerk
ATTEST:
By:
Town Clerk
ATTEST:
By:
Town Clerk
TOWN OF HAVERHILL
Charles Stoddard, Mayor
DATE:
TOWN OF HYPOLUXO
By:
Kenneth Schultz, Mayor
DATE:
TOWN OF JUNO BEACH
By:
Robert Blomquist, Mayor
DATE:
U
•
MUNICIPALITIES
By:
Page 65 of 71
~ Q,,
_~~~~ ~~ ~
~a ~
m
~ - ~ __ n MUNICIPALITIES
~p ~_ ;~~_
2 ~~ `~
s - IMCO~-OiUkO ~ O
;, ~ ~ 192 S -`~
xMµ~ p1 ~1~~
BY=
By
•
ATTEST: "`~»+~„~„~`„~„,„„,~~""' TOWN OF JUPITER
n
By: ~ ~ r' t~L ~~ By: ~
To C erk Karen Golo Mayor
ATTEST:
Town Clerk
ATTEST:
Town Clerk
DATE:
TOWN OF LAKE CLARKS SHORES
By:
DATE:
Malcolm Lewis, Mayor
TOWN OF LAKE PARK
gy:
William Wagner, Mayor
DATE:
Page 66 of 71
~~
ATTEST:
By:
City Clerk
ATTEST:
By:
Town Clerk
CITY OF LAKE WORTH
Tom Ramiccio, Mayor
DATE:
TOWN OF LAN"tANA
By:
David Stuart, Mayor
DATE:
ATTEST:
By:
Village Clerk
VILLAGE OF NORTH PALM BEACH
By:
Joseph Tringali, Mayor
DATE:
•
MUMCIPALITIES
BY=
Page 67 of 71
•
MUNICIPALITIES
ATTEST:
By
City Clerk
ATTEST:
•
By:
Town Clerk
ATTEST:
By
•
City Clerk
CITY OF PAHOKEE
By:
Roy Singletary, Mayor
DATE:
TOWN OF PALM BEACH
By:
Lesly Smith, Mayor
DATE:
CITY OF PALM BEACH GARDENS
By:
DATE:
Joseph Russo, Mayor
Page 68 of 71
.]
MUNICIPALITIES
A.~ST: TOWN OF PALM BEACH SHORES
By: By
Town Clerk Thomas Mills, Mayor
DATE:
ATTEST: VILLAGE OF PALM SPRINGS
By: •
By. John Davis, Mayor
Village Clerk
DATE:
ATTEST:
By:
City Clerk
CITY OF RIVIERA BEACH
By:
Michael Brown, Mayor
DATE:
•
Page 69 of 71
•
MUNICIPALITIES
ATTEST: VILLAGE OF ROYAL PALM BEACH
By: By:
Village Clerk
DATE:
By
ATTEST:
City Clerk
- A~1°TEST: - VILLAGE OF TEQUESTA
I3y:.. By:
Village Clerk ,
Joseph Capretta, Mayor
DATE:
David Lodwick, Mayor
CITY OF SOUTH BAY
By:
Clarence Anthony, Mayor
DATE:
•
Page 70 of 71
•
MUNICIPALITIES
ATTEST:
By:
Village Clerk
ATTEST:
BY=
City Clerk
VILLAGE OF WELLINGTON
By:
Thomas Wenham, Mayor
DATE:
CITY OF ST PALM BEACH
~Q~~
BY=
Jo Daves, Mayor
DATE: ~ ~~~~~
CITY ATTORNEY'S OFFICE
Approved as to form
and legal efficiency
By:
Date: ~ ~~
Final 6/06/00
Page 71 of 71
•
r
• EXHIBIT A
COMPREHENSYVE PLAN AMENDMENT COORDINATED REVZEw
INTERLOCAL AGREEMENT
This Interlocal Agreement, dated the 1st day of Oc~ober, 1993,
entered into by and among the various parties executing this
Agreement, each one constituting a public agency as defined in Part
I of Chapter 163, Florida Statutes; -
W I T N E S S E T H
WHEREAS, Part I of Chapter 163, Florida Statutes, permits
public agencies as def fined therein to enter into interlocal
agreements with each other to jointly exercise any_ power,
privilege, or authority which such agencies share in common and
~hich each might exercise separately; and
WHEREAS, Part~II of Chapter 163, Florida Statutes, requires
the coordination of local comprehensive plans w1.th :tne
comprehensive plans of adjacent local govP,-„meets and the plans of
school boards and other units of local government providing
services but not having regulatory authority over the use of land;
and
WH~S~ the participants to. this Agreement desire to
establish an intergovernmenta3. Boordination program for reviewing
proposed changes to adopted comprehensive plans which fully
utilizes the existing Chapter 163 comprehensive planning process
with minimal bureaucracy and expense for the participants; and
WHEREAS , participation . in this: program ;shall not diminish any
existing local government's or service provider`s process or_power;_
and
WHEREAS, the participants desire to enter into this Agreement
Exhibit A Page 1 of 35
r~
u
to provide countywide coordination in the comprehensive plan
amendment process-
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, it is mutually agreed and understood,- by._and
the undersigned agencies that now or may hereafter execute
among
this Agreement, as follows:
ARTICLE S. TITLE
This Agreement shall be known and may be cited as the
"Comprehensive Plan - Amendment Coordinated Review Interlocal
Agreement"_
ARTICLE _ II . PL7RPOSE
The purpose of this Agreement is to establish a couiit~iwide •
Comprehensive Plan Amendment Coordinated Review Process. This
process is designed to provide- coordination of proposed plan
amendments, cooperation between affected local governments and
service providers, and opportunities to resolve potential disputes
only within the Plan Amendment Process with the least amount of
infringement upon pYlCting processes,-.without undue processing
delays and without the necessity of significant staffing or
consultant costs_ Specif ically, the Comprehensive Plan Amendment
Coordinated Review Process will accomplish the following- .
A. Proposed Plan Amendments shall have sufficient -
distribution ~and~ " dissemination to insure that- -initial
transmittal and final--approval- will not occur without
adequate notice to local governments and service
providers who may be adversely affected by the action_
Exhibit A Page 2 of 35
r
•
B_ An avenue for discussion and evaluation of the proposed
Plan Amendments is created so that the governing body is
aware of objections, the basis for them, and the
reasonableness of the objection_
C_ An opportunity is created for conflict resolution of an
item which, if approved, may result in a potential
problem for another local government or service provider_
D_ The Comprehensive Plan Amendment Coordinated Review
Process does not diminish or transfer existing authority
with respect to planning and implementation decisions of
the participants_
• ARTICLE _III_ DEFINITIONS
The following definitions shall apply to this Agreement:
"Act" means Part I of_Chapter 163, Florida Statutes.
"Agreement" means this Interlocal~Agreement, including any
amendments or supplements hereto, executed and delivered in-
accordance with the terms hereof_
"Clearinghouse" means-the agency that provides the logistic
support services for the Comprehensive Plan Amendment Coordinated
Review Process_
"Comprehensive Plan" means the plan adopted by a local
government pursuant to Chapter 163, Part II, F--lorida Statutes,
meeting the requirements of Chapter 163, Part II, Florida Statutes
and its implementing -rules _ ..~ _ .
"Conf-lict Resolution- Panel"_ means:,a subgroup. of ..the Interlocal
Plan Amendment-Review Committee_
Exhibit A Page 3 of 35
s
"Days" means calendar days_
"Executive Committee" means the representative body of the
local governments and service providers responsible for the
oversight and administration of this Agreement_
"Fact-finding Panel" means a subgroup of the Interlocal Plan
Amendment Review Committee_ -
"Governing sody" means the board of county commissioners of a
county, the commission or council of an incorporated municipality,
the Palm Beach County School Board, the Governing Board of the
South Florida Water Management District, or the governing body of
a special_district_
"Interlocal Plan Anneadment Review Committee" means the'body -
comprised of full-time_ planning directors or other =similar
position, from any -local government partici.pant_ This -group `is
charged with the major technical role in the Comprehensive-Plan
Amendment Coordinated Review Process_
"Local Governments' means the incorporated cities, villages:.and
-towns within Palm Beach County and the County of Palm Beach_
"Participants" means those local governments and°°service
providers who have entered into the Comprehensive Plan Amend-went
Coordinated Review Process through this Agreement and have paid the
annual participation fee as required in this Agreement_-
: "Plan Amendment" means any change - or modification:=~=toy--pan
adopted comprehensive -plan -that-=is. considered a-`comprehensiwe':~plan
or
te5
St
t
id ~`
_
,.
a
u
a
amendment pursuant to Chapter 163; Part II, Flor
its implementing rules_ ~ -
Exhibi"t A Page 4 of 35
"servico Providers" means the Palm Beach County School Board
the South Florida Water Management District, and all independent
special districts located in whole or in part in Palm Beach County
which provide services required to be addressed in comprehensive
r~lans by Chapter 163, Part II, Florida Statutes_
ARTICLE IV_ PARTICIPATION_
Section 1_ All local governments and service providers
located in whole or in part in Palm Beach County are eligible to
participate in this Agreement_ Only the parties who execute this
Agreement and who have paid their annual participation .fee are
considered participants under this Agreement_ Any local government
or seruice provider who is not a participant by October-"1, 1993,
may become a 'participant upon execution of a unilateral
Participation Agreement, in such form as the agreement attached
hereto as Exhibit "A"_ -
Section 2_ Participant General Obligations
A_ All participants shall be obliged to pay an annual
participation fee_
(1) The initial participation fee shall be $500.0.0 per
participant_ This-fee shall cover participation
from October 1, 1993 to September 30, 1994 and
shall be due and payable by October 31, 1993_
(2 ) The participation fee shall be $500 _ 00 per year for
each subsequent..-.-year, -unless this amount _ is
modified as authorized -.in Article_..V, Section. 2._ F_ -
No modif ication shall increase the fee by more than
Exhibit A Page 5 of 35
25~ of the past year`s .fee amount_ The annual
participation fee shall be due and payable by
October 1 of each succeeding year_
(3) Non-payment of the fee shall result in `the
suspension of participation in this Agreement
pursuant to Article XI, Section 7_
(4) A fee paid pursuant to this section shall not be
returned in. full or prorata amount upon a
participant's withdrawal from this Agreement_
Participants entering into this Agreement after
October 1, 1993, or during any period subsequent to
September 30 of each year thereafter, shad be
obliged to remit the entire fee amount.
B. The local governments employing -full-time planning
directors or other si=ailar positions are required to appoint that
person to the Interlocal Plan Amendment Review Committee.
C. The local govei-iuuents and service providers who become
participants agree to provide technical assistance requested by a
Fact-finding Panel or Conflict Resolution Panel established
pursuant to this Agreement_
ARTICLE V. E%ECIITIVE COMMITTEE
Section 1 Creation/Purpose
There shall be ~- created -any- . bcecutive Committee to provide
oversight`-and direction •to the Comprehensive --Plan Amendment
Coordinated. Review Process established this Agreement, in
accordance with and pursuant to the duties and responsibilities
Exhibit A Page 6 of 35
expressed herein_
Section 2. Duties and Powers
The Executive Committee shall have the following duties,
powers and responsibilities:
A. Prepare an annual budget_
B_ oversee the collection and expenditure of funds.
C_ Prepare an annual report to the participants
detailing the activities and results from the
comprehensive plan amendments processed pursuant to
this Agreement.
D. oversee the operations of the various panels,
corunittees, and the Clearinghouse established
pursuant to this Agreement_
E. Make recommendations to the participants on ways to
improve the coordination process.
F. Modify the annual-participation fee in accordance
with this Agreement.
G. By majority vote of the entire membership of the
Committee, modify the time frames set forth in
Article VIII_
H. Propose amendments to this Agreement pursuant to
Article XI, Section 4.
I. Select the Clearinghouse from interested
participants_
No enume ration of duties, powers, and responsibilities herein
shall be deemed exclusive or restrictive, but shall be deemed to_
Exhibit A Page 7 of 35
•
incorporate all implied powers necessary or incident to carrying
out the purposes of this Agreement_
Section 3 Membership
A. The Executive Committee shall consist of nine members,
selected from the following five categories in -the manner
specified, and shall meet the following criteria:
(1) Four elected municipal officials, selected- by the
Palm Beach County Municipal League_
(2) Two Palm Beach County Commissioners, selected by
the Palm Beach County Commission.
(3) One member of the Palm Beach County School Board,
selected by the Palm Beach County School Board_
(4) One member of the South Florida Water Management
District Governing Board, selected by the South
Florida Water Management District Governing Board.
(5) One Special District Representative, who shall
reside in Palm Beach County and represent a
District in- Palm Beach County, appointed by the
Regional Chair of the Florida Association of
Special Districts_
B_ Except for the Special District Representative, all
members of the Executive Committee shall be a representative of a
participant. Each member shall have one vote on the
Committee_ -
C_ Each category as set forth in Paragraph A shall be
entitled to appoint one (1) alternate. The alternate from
Exhibit A Page 8 of 35
•
categories 1 - 3 must be an elected official_ If no ather member
of the South Florida water Management District Governing Soard
resides in Palm Beach County, the Executive Director or his
designee shall be the South Florida Water Management District
alternate. The Regional Chair of the Florida Association of
Special Districts shall appoint as the Special District alternate
a person who resides in Palm Beach County and represents a district
in Palm Beach County. The alternate may act in place of any member
from the same category_
D_ In the event there are no participants in a designated
category set forth in paragraph A, that category shall be_deemed
deleted and all remaining categories shall constitute the Executive
Committee accordingly_
Section 4. Executive Committee Action
A. The affairs, actions and duties of the Executive
Committee shall be undertaken at duly called meetings pursuant to
Section 9 hereof
B. For any meeting of the Executive Committee at which any
official action is to be ta}~en, a majority of the committee members
shall constitute a quorum, and a majority vote of the members
present shall be the act of the Executive Committee.
C. A certificate, resolution, or instrument signed by the
Chair, Vice-chair or such other designated person of the Committee
as may be hereafter selected by_the Committee shall be evidence of
the action of the Committee.
Section S_ Election of Officers
exhibit A page 9 of 35
•
Once a year, and at such other time as may be necessary to
fill a vacancy, at a meeting of the Executive Committee called for
the Committee members shall elect a Chair, a
e thereof
,
the purpos
Vice-chair, and a Secretary-Treasurer to conduct meetings-of the
Committee and to per-form such other functions..as . herein -provided.
Said Chair, Vice-chair and Secretary-Treasurer shall serve one (1)
year terms unless they resign sooner pursuant to Section 7 hereof.
Section 6 Authority of Officers
A_ The Chair and the~Vice-chair shall take such action and
such documents on behalf of the Executive Committee--and in
i
gn
s
~.
furtherance of the purposes of this Agreement as shall be approved
by resolution of the Committee_ t
B_ The Secretary-Treasurer, or his or her designee, shall
keep minutes of all meetings, proceedings and acts of the Executive
Committee but such minutes need not be verbatim_ Copies of all
minutes of the meetings of the Committee shall be sent by the-
Secretary-Treasurer, or designee, to all Committee members and to
such other parties as requested_
Section 7. Resi ation
A. Any member may resign from all duties and
responsibilities hereunder by giving at least seven (7) days prior
written notice sent to the Chair. Such notice shall state the date
said resignation shall take effect and such resignation shall take
effect on such date_
B_ In the event any member shall resign as the
representative o° a participating group such participating group
Exhibit A Page 10 of 35
•
sha?_1 appoint a new representative as expeditiously as possible_
C. Any member, upon leaving office, shall forthwith
turn over and deliver to the Chair or Vice-chair any and all
records, books, documents, or other property in his or her
possession or under his or her control which belongs to the
Executive Committee and/or relates to this Agreement.
Section 8. Liability
No member of the Executive Committee shall be liable for any
action taken pursuant to this Agreement in good faith, or for any
omission, except gross negligence, or for any act of omission or
commission by any other member of the Committee_
Section 9_ Meetings
• A- The ~cecutive .Committee shall convene at a meeting called
by either a majority of the members or at the request of the Chair.
Meetings shall be conducted at such locations as may be acceptable
to the majority of the Committee. The Chair shall set forth the
date, time, location and purpose of each meeting and notice
thereof , unless otherwise waived, shall be furnished to each member
by the Secretary-Treasurer, or his or her designee, not less than
seven (7) days prior.to the date of such meeting. The Chair may
direct the Secretary-Treasurer to send the prerequisite notice for
any meeting of the Committee otherwise called in accordance with
the provisions hereof.
B. Duri:.g October 1993, the duly appointed members of the
Committee shall hold an organizational meeting to elect officers
and perform such other duties- as shall be provided under this
- Exhibit A Page 11 of 35
•
Agreement_
ARTICLE VI_ INTERLOCAL PLAN AMENDMENT REVIEW COMMITTEE
A. Participant local governments employing full-time
planning directors or other similar position are required to
appoint that person as a member of the Interlocal.Plan.~Amendment
Review Committee.
B. The functions of this Committee are as follows:
(1) To provide participants, on a rotating basis, for a
Fact-finding- Panel.
(2 ) To provide participants , on a rotating basis, --for a
Conflict Resolution Panel_
(3) To call for technical assistance from service •
providers and other agencies which participate in
this coordination activity.
(4) To meet, at least quarterly, for the purposes of
administration, consideration of referrals, reports
of subcommittees, general coordination and
consultation, and the forwarding of reports of
actions to the participants_
C_ The Committee shall establish its own organization and
rules of procedure consistent with the provisions of this
Agreement_
ARTICLE VII. CLEAI2INGHOIISE
A_ The Clearinghouse sha~li~be a participant public agency
B. The Clearinghouse shall be responsible for:
1_ The establishment of an account into which the
Exhibit A Page 12 of 35
•
participation fees required herein shall be
deposited_
2_ The deposit and disbursement of funds in accordance
with generally accepted accounting standards.
3_ Securing and storing all adopted local government
comprehensive~-plans, and ail amendments thereto_
4_ Coordinating the Comprehensive Plan Amendment
Coordinated Review Process, as specified in Article
VIII, Section 3.
ARTICLE VIII. COMPREHENSIVE PLAN AMENDMENT COORDINATED REVIEA
PROCESS
Section 1. Local Government Specific Oblic7ations
• A_~ All participant local governments are obligated to do the
following: -
(1) Inform the Clearinghouse of =the notice of plan
amendments proposed by other participants that it desires to
receive.
(2) Designate to the Clearinghouse the position or
individual who can file a written notice of intent to object and a
formal objection.
(3) Inform the Clearinghouse whether a formal governing
body action is required prior to filing a written objection.
(4) Provide the Clearinghouse with a full copy of the
local government's adopted Comprehensive Plan within thirty._{30)
days of the effective date of this Agreement. If a local
• government becomes a participant after October 1, 199.3, the
Exhibit A Page 13 of 35
•
participant shall provide the Clearinghouse with a full copy of its
adopted Comprehensive Plan within thirty (30) days of the effective
date of the Participation Agreement-
g_ When processing a proposed plan amendment to its own
Comprehensive Plan, the local government shall do the following:
(1) Submit ali proposed plan amendment documents
required by Section 3 A. to the Clearinghcuse at
least thirty (30) days prior to the local
government's-transmittal hearing~
(2) Meet with any objectors at least one time prior to
the transmittal hearing on the proposed plan
amendment. i
(3) Participate in fact-f inding as described in Section
3_
(4) Include in the proposed plan amendment transmittal
to the Depa:-tment of Community Affairs, or within
five (5) days of receipt if received after
transmittal,+ all written notices of intent to
object .and written objections received pursuant to
Section 3, the status of that objection, a fact-
- f inding report prepared pursuant to Section 3, and
any report from a Conflict Resolution Panel
prepared pursuant to Section 3.
(5) Consider participating in any Conflict Resolution
Panel requested by an objector- Thelocal- •
government initiating the proposed plan amendment
Exhibit A Page 14 of 35
•
is under no- obligation to participate in the
Conflict Resolution Panei process_
(6) For all proposed plan amendments, provide the
Clearinghouse with a copy of the full proposed plan
amendment; all background materials, including the
supporting data and analysis; the objections,
recommendation and comments report prepared by the
Department of Community Affairs for the amendment
upon its receipt; the response to the objection,
recommendation and comment report prepared by the
local government; and, if adopted, the amendment to
the local government's comprehensive plan; the
notice of intent issued by the Department of
Community Affairs; and any final orders or
compliance agreements dealing with the amendment_
(7) When it becomes available, provide the .Clearing-
house with a revised copy of the local government's
Comprehensive Plan including all amendments.
C_ If the local government desires to object to another
local governm ent's proposed plan amendment, the objecting local
government sh all do the following:
(1) Submit a written notice of intent to object to the
Clearinghouse and the local government initiating
the proposed plan amendment pursuant to Sect~~n 3.
(2) Meet with the local government transmitting the
proposed plan amendment at least one time prior to
•Exhibit A Page 15 of 35 _
that local government's transmittal hearing_
(3) File a written objection with the Clearinghouse
pursuant to Section 3.
(4) Participate in fact-finding as described in Section
3 if the local government files a written objection _
(5) Consider participating in any Conflict Resolution
Panel requested by the initiating local government
or other objector. An objector- is under no
obligation -to participate in the Conflict
Resolution Panel process_
(b ) If the objection is to be withdrawn , file a %,iritten
notice withdrawing - the objection with the-
Clearinghouse and the local government proposing
the plan amendment. -
Section 2 All Other Participants Specific-Obligations
All participants who. are not local governments must comply
with the requirements of Article VIII, Section 1 A. (1), (2), and
(3) . A-non-local government desiring to object to a proposed Plan
amendment has the same .obligations as an objecting local government
detailed in Article VIII, Section 1 C.
Section 3. Plan Amendment Review Process
A. A plan amendment is prepared pursuant to policies and
procedures of the initiating local-=government. At least thirty
(30) days prior to the-governing body's transmittal hearing, an
Executive Summary along with a copy of- the proposed plan amendment •
and supporting material, and the date,. time, and place of the
Exhibit A Page 16 of 35
transmittal hearing, shall he furnished to the Clearinghouse-
g. Within five (5) days, the Clearinghouse shall distribute
the Executive Summary and hearing information to the participants
in the Agreement who have requested copies of the initiating local
government's amendments.
C, A written notice of -intent to object may be filed by~ any
participant.
(1) A written notice of intent to object must be filed
no later than fifteen (15)- days before the transmittal hearing.
(2) If a proposed. plan amendment is substantially
modified between the submittal to the Clearinghouse and the
transmittal of the amendment, a written notice of intent t~ object
• may be filed within ten (10) days of transmittal.
D_ The Clearinghouse shall immediately notify the initiating
local government of all written notices of intent to object
received by the Clearinghouse.
E. The initiating local government shall meet with all
objectors prior to the transmittal hearing unless the written
notice of intent to object was f filed pursuant to Section 3-C.(2)
above- In that instance, the parties shall meet within fifteen
(15) days of the submittal of the written notice of intent to
object to the Clearinghouse.
F. No later than fifteen (15) days after transmittal of the
proposed plan amendment, a participant who filed a written notice
of intent to object prior to transmittal may f file a written
objection to the proposed plan amendment with the Clearinghouse.
Exhibit A Page 17 of 35
r~
u
If a written notice of intent to object was filed after transmittal
pursuant to Sect ion 3 C _ (2 ) above, a written objection may be filed
by that participant no later than thirty (30) days after the filing
of the written notice of intent to object.
G_ Upon receipt of a written objection;-the~Clearinghouse
shall notify the initiating local government and the Interlocal
Plan Amendment Review Committee of the written objection and
transmit a copy of the objection to the initiating local government
and the Interlocal Plan Amendment Review Committee.
A. The Interlocal Plan Amendment Review Committee _ shall
convene a Fact-finding Panel within ten (10) days of receipt-of the
written :objection. The Fact-finding Panel shall review the
objection pursuant ~to Article IX and shall issue its opinion letter
no later than twenty (2Q) days after the submittal of the written
objection to the Clearinghouse.
I. After the Fact-finding Panel issues its opinion letter,
any party (the initiating local government and any participant
objector) to the fact-finding may- request conflict resolution
pursuant to. Article X_ The request shall be submitted in writing
to the Clearinghouse no later than ten (10) days after transmittal
of the Department of Community Affairs Objection, Recommendation
and Comments Report. The Clearinghouse shall immediately notify
the other .parties of this request___-Within ten (10) days of receipt
of notification from the--C--learinghouse, the. other parties .shall .
notify the Clearinghouse of their decision on whether or not to
agree to conflict resolution. If the initiating local government
•
Exhibit A Page-18 of 35
•
and any objector agree to conflict resolution, the Clearing~~ouse
shall notify the Interlocal Plan Amendment Review Committee, which
shall convene the appropriate Conflict Resolution Panel pursuant to
Article X.
Section 4_ Modification of Time-Frames
By majority vote of the entire membership of the Executive
Committee, the Executive Committee may modify the time-frames set
forth for any activity as specified in Article VIII.
ARTICLE IX. FACT-FINDING PANEL
A_ The three person-fact-finding panel shall consist of
members of the Interlocal Plan Amendment Review Committee._ The
Chair shall be selected by the panel.
B. = The Clearinghouse shall provide the panel with the
following information prior to the meeting:
(1) that portion of the Plan Amendment which is under
consideration; and
(2) the written objection.
C_ The Chair shall arrange for testimony and technical
:assistance from participants as is appropriate.
D _ At the meeting, only the initiating local government, the
participant objector, property owner for a site specific plan
amendment, and any participant who has been requested to provide
technical assistance shall be allowed to present testimony. The
initiating local government shall present the item being objected
to, the reason for the proposed amendment, and its supporting-data,
analysis, and documentation_ This presentation may be supplemented
Exhibit A Page 19 of 35
•
by the affected property owner. The objecting party(ies) shall
make a presentation on the basis for its objection_ Technical
assistance testimony as requested by the Chair may be presented at
any time. The panel may ask questions. The Chair shall close
discussion with the participants and thereafter confine-discussion
to panel members_
E. The panel shall specifically identify each objection and
shall issue an opinion letter including, but not limited to, the
following on each objection .which is filed:
(1) The objection appears to be one of niscommui~cation
and that it appears to be resolved_
(2) There is insuff°icient data and analysis upon-which
to support either the amendment or the objection or
both_
(3) Sufficient data and analysis has been provided and
a conflict appears to exist. The conflict should
be resolved either:
(a) through the normal Department of Community
Affairs review process; or
(b) in a conf lict resolution forum such as
provided in Article X, mediating services of
the Treasure Coast Regional Planning Council,
or other taediation forum_
F. Within two (2) working days, the Chair shall fax an
opinion letter to the involved parties_ If warranted, a minority
d
id
o
v
e
opinion may be prepared by other members of the panel and pr
Exhibit A Page 20 of 35
•
concurrently with the Chair's opinion letter_
ARTICLE %. CONFLICT RESOLUTION PANEL
A. The Conflict Resolution Panel shall consist of three
members when performing facilitation services or five members when
performing mediation services. The pane l_ shall be composed of
individuals who are members of the Interlocal Plan Amendment Review
Committee. The Chair shall be selected by the panel.
B_ The Chair shall arrange for testimony and technical
assistance from participants as is appropriate. Testimony shall be
provided only through participants who are parties to the objection
unless technical assistance testimony has been requested by the
Chair.
C.`
Two types of service may be provided. These are:
(1) Facilitation
a. A facilitation panel shall consist of three
members. When the facilitation panel convenes
to review the objection, it shall seek to have
the parties reach a mutually .agreeable
positron on the proposed amendment and the
objection to it.
b. The facilitation panel shall declare when its
wor}: has been finished or an impasse has been
reached_ At that time, the Chair shall write
a letter documenting the meetings which were
held, the evidence and testimony received,
• points of agreement, and points of
Exhibit A Page 21 of 35
disagreement_ The letter shall be transmitted
to participating parties and the Department of
Community Affairs.
(2) Mediation
a. A mediation panel shall -consist of five
members_ In addition to functioning as a -
facilitation panel, the mediation panel shall
provide a statement recommending a method of -
resolving any remaining points of
disagreement_ If there is not unanimous
consent among panel members, a -3inority
opinion may be issued. It shall accompany the
majority position_
b_ As with the facilitation panel, the Chair
shall write a letter documenting the meetings
which were held, the evidence and testimony
received, points of agreement, points o~
disagreement, and recommendation. The letter
and any minority opinion shall be transmitted
to participating parties and the Department of
Community Affairs_
ART=CLE XI_ MISCELI.ANEOIIS
Section 1 Delegation of Duty
Nothing contained herein--shall be deemed to authorize the
delegation of the constitutional or statutory duties of the state,
county, or city officers_
Exhibit A Page 22 of 35
•
Section 2. Filinq
A copy of this Agreement shall be filed with the Clerk of the
Circuit Court in and for Palm-Beach County.
Section 3 Limited Liabilit~%,
No participant shall in any manner be obligated to pay any
debts, obligations or liabilities arising as a result of a..y
actions of the Executive Committee_ The Executive Committee members
have no authority or power to obligate the participants in any
manner.
Section 4_ Amendments
This Agreement may be amended in writing at any time_by the
concurrence of a two-thirds vote of the entire membership of the
Executive Committee and subsequent ratification by all of •~tha
participants in this Agreement and any Participation Agreement_
erection 5. Controlling Law
This Agreement shall be construed by and governed by the laws
of the State of Florida. -
Section 6 Effective Date/Term
This Agreement shall be effective on October 1, 1993, and
shall- continue in full force and effect unless all the participants
withdraw in accordance with Section 7.
Section 7_ Withdrawal
Any participant may withdraw as a party to this Agreement
after October 1, 1994, upon sixty (60) days written notice to the
Chair of the Executive Committee_ Any participation fees paid will
• not be returned and the participant will cease activities in the
Exhibit A Page 23 of 35
•
program outlined in this Agreement. Suspension of participation in
this Agreement will occur upon the' nonpayment of the fee prescribed
herein or for the nonperformance of any of the terms and conditions
of this Agreement by any participant. The suspension will be
effective thirty (30) days after date • of - notice-- from the
Clearinghouse that noncompliance has occurred. Any participant
receiving such notice shall have an opportunity to cure its
noncompliance in a reasonable time_ Upon compliance, the
participant shall be notified by the Clearinghouse of~ its a
reinstatement as a participant.
IN WITNESS WIiEREOF, this Agreement has been executed by the
- participants as of the date and year indicated above_
~:. _
- - - - -ATTEST
By : ~ ~ /~'/~cy-~
City ~Cl~'r
~ ATTEST :~
- - -- ity Cleric
ATTEST:
~ ~ -
By:
City Cleric =: - •~ ~ - -
CITY OF ATLA
~~
By Clyde F.
*BELLE GLADE
NTIS
_~
.~ , -, -
Farmer, Mayor
-dill Bailey, Mayor
*Nothing in this agreemes1t will
delegation of an ntunicipa
CITY O BO PTO
.~
Exhibit A Page 24 of 35
tSorize the
five authority .
•
•
ATTEST:
By : f-~' ~~'L-~~J
City Clerk ~.~ )
CITY OF BOYNTO BEACH
~c
gY=
E_ F_ Harmening ayor
ATTEST:
B :~
Y
Town C 1 k ~ „~~,,.,
TOWN OF BRINY BREEZES
By: -
,;FTiigh David , Mayor
A EST: TOWN OF CLOUD LAKE
By: •1~~ BY= ~
Town Cle k Robert R. Reynolds, III,
Council Chairman
ATTEST':'
CITY OF DELRAY BEACH
Y, ~ By.
City Clerk a as E ~ ch, Mayor
ATTEST_ VILLAGE OF GOLF
Village Clerk Donald H. Gustafson, Mayor
t
ATTEST: CITY OF GREENACRES
By: ~"_ BY=
ity Clerk mu _ erreri, Mayor
•
Exhibit A Page 25 of 35
•
ATTEST:
n ~~
By : `,(~~
Town Cle k
ATTEST:
l
ATTEST:
Town Clerk
ATTEST:
By: ~ ~ ~-
Town Clerk
ATTEST:
B _ /~ ~~~;
Y
Toc~i eler
ATTEST :
TOWN OF GULF STREAM
/ / ~~ ~
By : /
lW~lliam Koch, Jr., Mayor
TOWN OF HIGHLAND BEACH
~,~-~
By : G ~~~-j% c'
Arlin Voress, Mayor
TOWN OF HYPOLUXO
:p ~
BY= -
A1 Merion, Mayor
TOWN OF JUNO BEACH
.G ~ ~ d/J .~,~
By : ~it4.Q2 I/
Frank W. Harris, Mayor
TOWN OF JUPITER
By:
Karen Golo ka, or
TOWN OF JUPITER INLET COLONY
By:
Town Clerk
By : CHOSE NOT ZU PARTiG7PATE AT TOTS Tii~
Nicholas F. Porto, Mayor
•
•
Exhibit A Page 26 of 35
•
ATTEST
Tow~i -Clerk - -
-t _r` `. `
.- ` --:
ATTEST:
TOWN OF LAKE CLARKS SHORES
By:
Gregor asey, Mayor
CITY OF LAKE WORTH
i- (SEAL)_
1
a bara A . Fors~`t ~ e , R dne _ F~c3mano , Mayor
C~y Clerk - .. . - - '. .- -
DATE: ~• ~9, 93 =---
ATTEST:
_ :- =
TOWN OF LANT-~A.NA - : _ _
By : --
Rober McDonald, May`-or
• - - -Town- Clerk
-- ~. - -
~• - ~ -
- - - -
-~~- .-
ATTEST:
TOWN OF MANALAPAN
~j ~- 7~~;Z~7/ -~-t
By: _ ~~_ By :
Charles H _ Helm, •~ G . Kent Shortz , M. D . , Mayor
Town Clerk
ATTEST: TOWN OF ONIA PARK
Town Clerk J ~ ,~ G e M_ Englis Mayor
ATTEST
•
1/ .
Town Clerk •
TO OCEAN R ~ E '
By: -
Daniel J.'- O'Connell, yor
Exhibit A Page 27 of 35
•
ATTEST:
City Clerk
CITY OF PAI-fOKEE
By IC~~ /~-
Ramon Horta, Jr., Mayor
ATTEST_ TOWN Oc PALM BEACH ~
~ ~ ~/
To Cler},Q' `~ M•.~ William Welnbu ,
Town Council Pre dent
DATE
ATTEST_
DOROTHY •H. WILKEN, Clerk
By.
n-Clerk -
APPROVED AS TO -FORM
AND LEG SUFF CIENCY
By • ~_
County tto ney
ATTEST:
PALM BEACH COUNTY BOARD OF'~OUNTY
COMMISSIONERS -
•
B ~s~~_ ~~i'/ 1
Y=
Mary~slcCa~ty, Chair
_ ,~
;~
i ~~ ~ i
c. ..:
•:
'~ --~ ;~~
~~. try-`"~~-= _
'tip %3~^_~ S vjS =_
CITY OF PALM
By. By.
ity Clerk
R. `Russo, Mayor
/ cT -~ OP FCC It7a:.oUh'TY OF•PA! M 3E'AGN
r- I ''•~•I'iv 1 !-:Y ri_ 'dVILtCFrc ?ti-ol!i~!o G1~ek o! l:~e
"' y ":~ Jt : ~. '_'`1 1., 3t~1ea-`.i^r$.~; CffE •ii/ t`.1iv ~ l i C G
`C [f(3.f~y ~4 "i ~~LC ~" )~ L•~ .~ ."`,"1"::`~'l ~ ~i T • _..iCa
_~F._---_ ~~c 3 _
,~• ,
"~ ~ Exhibit A
'~.o'_'_ ~ - - - PauP 2R cif 35
ENS
~~.
•
ATTEST
-•
Town Clerk
- TOWN OF PALM BRACH SHORES
n~
~V
Thomas Chilcote, Mayor
EXECUTED on u1-i.-~ /-1 ~ / ;?y : i by authority of the V i l lage Council
as provided "in~Resoltltion R93-19.
ATTEST: VILLAGE COUNCIL Or THE VILLAGE OF
PALM SPRIN /1
`
-Irene L _ Burrou~Yfs , ~
- - - Richard H _ Jette ; /~la'yor
- Village Clerk ~/
(SEAL)
ATTEST
~y:-
ATTEST:
By:
i
1
ATTEST:
CITY O RIVIERA BEACH -
/ , -~
1 i
Y'
'Clara K_ Wil-liams
Mayor, City of Riviera Beach
VILLAGE OF ROYAL PPT.M BEACH
6~%~n
By: ~ / _ _
Tony as~ otti, Mayor
CITY OF SOUTH BAY
Cit Clerk ~- `C~ ence Ma r
.~ ~ !/y
By: ~-
' Baz i Anders V-i-~e Mayor
•
Exhibit A Page 29 of 35
r~
U
ATTEST:
;,: ~ .
By:
Tow lerk
ATTEST:
_:: -Bx .
~. - ~ ~
o.:n Clerk
;. ~ , - _
'. . ATTEST
._= •-
BY
Agnes Hayhu` t,
-" - -Ci-ty Clerk
TOWN OF SOUTH PALM BEACH
B
Mar Roberts, Mayor
VILLAGE-OF TEQUESTA-
`~ ~~~ _
By: i
Ro T". Mackail, May r
CITY OF T PALM BEACH
By:
Nancy /M_ Graham, Mayor-
(INTENTIONALLY LEFT BLANK)
•
Exhibit A Page 30 of 35
•
ATTEST:
/ /
BY . /C/_..~c c-~ ~ ~~
ATTEST:
By .~-
william G ~jWinters,
Secretar
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By -~~~ _
M ~ !At rney for
ake Worth D inage District
ATT . - '
~~ ;-
gY : ?~~ 4
_ RZck Dent,
Executive Director
ATT EST
~_
Ga M. Engli ,
General Manag~
•
G:\gengovt\dmd\cuggtxt-mep
BOCA RATON AIRPORT AUTHORITY
eor~e W. Blank, Chairman
LAKE WORTH DRAINAGE STRICT
By:
'John I. Ahitworth, III,
President
LOXAHATCHEE RIVER ENVIRONMENTAL_
CONTROL DISTRICT
By:
George G. Gentile, Chairman
SOUTH INDIAN WATER CONTROL DISTRICT
BY=
;T mas H. Powell, President
•r : `~-G
avid J. Bea vice-President
Exhibit A Page 31 of 35
•
ATTEST: NORTHERN PALM BEACH C
\WATE 1QTROL DISTRI
f
By: By-
Petc Pimcntcl, District Secretary William Kcrslakc, Presidcnt
APPROVED AS TO FORM
AND GALS FI CY
By:
Ken Edwards, Legal Counsel
ATTEST:
By: ~- Y~L-~-~ L~~c ~~~~
Monica Utilhorn, Supcrintendent
- ~. .
i ~-
~~
SCHOOL BOARD OF PALM BEACH- ._ ~"_
COUNZY
By Q~ ~ -_
it Bjork, C rman
., .I
-~;:
C:
(INTENTIONALLY LEFT BLANK)
r 1
LJ
Exhibit A Page 32 of 35
•
•
U
LOXAHATCHEE GROVES WATER
CONTROL DISTRICT
By. J By~ ~-~ G~-~~~. ~J~d~
William H. Thrasher, Distn t Director Mcrcdi Fox, Chairman of the Board of
Supcrvisors
ATTEST:
(INTENTIONALLY LEFT BLANK)
Exhibit A .Page 33 of 35
PARTICIPATION AGREEMENT
THZS AGREEMENT dated this day of
1993 , entered into by and among
i
a
(local government or service provider)
hereinafter "New Participant", and the various parties executing
the Interlocal Agreement dated October 1, 1993, hereinafter "Master
Agreement";
W I T N E S 6 E T H-
WHEREAS, an intergovernmental coordination program for
reviewing proposed changes to adopted comprehensive plans which
fully utilizes the existing Chapter 163 comprehensive Frranning
process with minimal bureaucracy and expense for local governments
and service providers has been established as evidenced by that •
certain Interlocal Agreement dated October 1, 1993; and
WHEREAS, - -desires to become a
participant under said agreement; and
WHEREAS, pursuant to Article iV, Section 1 of the Master
Agreement, participation is authorized upon the execution of this
unilateral Participation Agreement.
NOA, THEREFORE, in consideration of the mutual covenants
contained herein, it is agreed and understood by .and among the
undersigned New Participant and the participants in the Master
Agreement as follows=
1_ Upon execution of this Agreement and upon payment of the
annual participation fee prescribed in Article IV, Section 2 of the
Master Agreement, New Participant will become a.participant iri the
Exhibit A
EXHiBiT _ Page 34 of 35
Master Agreement recorded in the official Records at Book No.
Page
2. The New Participant shall enjoy all the privileges of,
and shall:be bound by all the terms and conditions of, the Master
Agreement_
3. The participants in the Master Agreement agree to the
inclusion of New Participant in accordance with Article IV, Section
1 of the Master Agreement as it is acknowledged that the inclusion
of an additional participant furthers the intent and spirit of the
Master Agreement and the ultimate goal of providing planning
coordination among all local governments and service providers.
~ 4_ A copy of this Participation Agreement shall bE filed
with the Clerk of the Court in and for Palm Beach County and with
the Clearinghouse.. -
5. This Participation Agreement shall be effective upon
execution and filing pursuant to Paragraph 4 and shall continue in
full force and effect unless New Member withdraws pursuant to
Article XI, Section 7 of the Master Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by
as of the date and year indicated below.
BY=
Its:
Date:
G: \gengovt\dmd\particip. agt ~_~.~~~ ~ i I,1 E ~ L ..I :I A, ~.JU?~: . '.~~ t~h! ~~ ti~.rr:.'-:
~~G G_ _1,1~~++,~ ~,.~HO i H'~ M. LViL~C~N. er.-~~~~~a, ~,_?_v •r• •~_
' - ~"(~C~~H: C~.JJ. ~Gl: i s ~ ~':,...: li ~:Gf.~'c i_c~!j`:N :~
EXHIBIT B
Implementing Ordinance Elements
SCHOOL CONCURRENCY ORDINANCE
BASIC FRAMEWORK
See Interlocal Agreement
A. Applicability (required concurrency determination)
1. Applies to:
a. All new residential development orders
b. Amendment to existing development orders which increase the number of
residential units
2. Does not apply to:
a. Project with no impact on school attendance, i.e. non-residential or elderly
restricted housing, or single family platted lots
B. Establish Level of Service Standard and Application of Standard
1. Level of Service standards 110% and 120%
a. How measured
b. Test for Level of Service
• 2. Concurrency Service areas (CSAs)
a. Application of CSA
b. Amendment of CSA
3. Assured construction -definition (budgeted, adopted, and scheduled school
construction)
4. Standards for mitigation
5. Procedures for residential development phasing to assured school construction or
mitigation
C. Procedure for Reviewing Development Applications
1. Documents which must be submitted for review
2. The point in the process at which evaluation must occur. Generally, before any
development order is issued.
3. Transmittal to School District (process, time frames)
4. Evaluation and comments of School District (time frame)
5. Incorporation of conditions of approval into development order
6. Appeals of School District decisions
D. Procedure for School District Review
1. Transmittal to School District for review
2. Time frames for review and comment
3. Effect of comments
H:\DATA\ W P 51 \DOC\CON CRNCY\S ECTION\INTERLOC\EXHB
EXHIBIT C
PARTICIPATION AGREEiV1ENT
THIS AGREE~NT dated this day of ,entered into by and
among the ~ a municipal government, hereinafter "New
Participant", and the various parties executing the Public School Concurrency Interlocal Agreement
dated ,hereinafter '`School Concurrency Agreement";
iii ITNESSETH:
L4'HEREAS, a public school concurrency pro~am has been established as evidenced by that
certain Interlocal Agreement dated ~ ;and
WHERE.gS, desires to become a participant under said
agreement; and
WHEREAS, pursuant to Article XII, Section C of the School Concurrency Agreement,
participation is authorized upon the execution of this unilateral Participation Agreement.
•
NOW, TF-~REFORE, in consideration of the mutual covenants contained herein, it is agreed
and understood by and among the undersigned New Participant and the participants in the=School
Concurrency Agreement as follows:
1. -Upon execution of this A~eement, New Participant will become a participant in the
School Concurrency A~eement_
2. The New Participant shall enjoy all the privileges of, and shall be bound by all the
terms and conditions of, the School Concurrency Agreement. The New Participant
shall adopt the required comprehensive plan amendments pursuant to Article II,
Section B as soon as possible after execution of this Participation Agreement_
;. The participants in the Schoo l Concurs ency Agreement agree to the inclusion of New
Participant in accordance with Article XII, Section B of the School Concurrency
Agreement as it is acknowledged that the inclusion of an additional participant
furthers the intent and spirit of the School Concurrency Agreement.
'1_ A copy of this Participation Agreement shall be filed with the Clerk of the Court in
and for Paiiu Beach Coun[y and wish [he Technical Advisory Committee established
below_
by Article VI, Section A of the School Concurrency Ageement_
5. This Participation Agreement shall be effective upon execution and filing pursuant
- to Paragraph 4 and shall continue in full force and effect unless New Member
withdraws pursuant to Article XII, Section B of the School Concurrency Agreement
or the School Concurrency Agreement is otherwise tetminated_
IN IiVITNESS WHEREOF. this Agreement has been executed by
as of the date and year indicated
By:
Its:
Date:
•
•
2
EXHIBIT D
Student Generation Multiplier Table
•
.]
TOTAL PUBLIC PUBLIC PUBLIC PUBLIC
SAMPLE SCHOOL SCHOOL SCHOOL SCHOOL
SIZE t-1~ K-5 6-8 9-1'?
ALL HOUSE TYPES
1 BEDR 7G ~ f _ c?4 O _ 04 O _ cj0 cj _ cjcj
2 BEDR 25? cj _ i 2 O_ OH O_ 02 c i_ Q 1
BEDR ?45 :~ _ SU O _ 15 O _ 1 ~ c j _ ?^--_
3-t- ExEDR ?b cj _ 69 O..~H O _ 15 C; _ 1
S-ING_ FAMILY DETF:C!-!cD ArdD aTTACHED
2 OR LESS 12~ O _ 19 C~ _ 14 O _ c j~ cj _ cj0
3 BEDR X17 O_ S O_ 17 O_ 12 O. 23
3--E- BEDR 7C~ ~7. 7~ O _ 40 O. 17 O _ 15
~_Ol~ CtISE MULTI _ FAMILY __11
C`z, sTOC' l eS~
i BEDR ?$ ~?. cat; O_ Oti C)_ Qi7 is _ C;cj
? BEDR ° % c~ _ i C~ O _ Ob O _ O~• O _ O I
- ~ BEDR le G.38 O_OS O_16 0.16
-c- BEDR _ i~ _ 66 O _ ~~. O. 00 O _ L 3
MID RISE MULTI . FA!`IILY ~3 s~-or ~eS~
1 BEDR ~ 1~ G_oo o_oo o.oo o_~u
z BEng ~~. o.oo 0.00 0.00 0.00
~ BEDR i o_ao o_oo o_oo o.oo
~-f- REDR C+ O _ 00 O _
00 O _ 00 O _ 00
HIGH RISE MULTI _ FAMILY ~~ 'P~uS '1
S'~'OC- lCS>
1 BEDR 5 O_00 O_00 0.00 O. 00
2 BEDR 19 O_LO O_00 O_00 O_10
.~ BEDR b O_00 O_00 O_00 O_00
~+ BEDR _ ~~_00 O_00 0.00 O.OU
r10B I LE HOME
i BEDR 1 G_UO O_00 O.Ocj U_00-
2 BEDR iO p_OV G_00 O_O~+ O. 00
BEDR ~ G _ UCH O _ 00 O. OC; O _ UG
{- BEDR 1 U _ UG O. 00 -O _ U~l cj _cjC+
EXHIBIT E
Projected Units Table
Dwelling Units
Concurrency
Zone
1
2
3
4
5
6
8
9
10
11
12
14
15
16
17
18
19
20
21
Glades
Total
2001
31,116
5,456
20,911
5,943
29,408
1, 857
26,918,
5, 322
21,092
20,352
26,233
42,417
37,605
15,750
43,606
9,029
44,789
59,624
107,909
11, 280
566,618
2000 to 2001
new units 2002
1,022 32,138
195 5,655
479 21,391
45 5,995
121 29,540
64 1,919
252 27,164
158 5,483
892 21, 984
120 20,475
408 26,655
191 42,619
425 38,050
521 16,266
869 44,487
396 9,408
912 45,684
888 60,500
743 108,618
19 11,302
8, 720 575, 333
2001 to 2002
new units 2003
1,022 33,000
199 5,828
480 22,143
52 6,201
132 29,662
62 2,017
246 27,369
161 5,620
892 22,745
123 20,581
421 27,023
202 42,793
445 38,432
516 16,701
881 45,225
379 9,746
895 46,697
876 61,545
710 109,405
22 11,321
8,716 584,055
2002 to 2003
new units 2004
862 33,861
172 6,004
752 22,912
205 6,420
122 29,794
98 2,113
205 27,572
137 5,758
761 23,515
106 20,690
369 27,405
175 42,971
383 38,818
435 17,134
738 45,954
338 10, 092
1,013 47,696
1,045 62,568
786 110,156
20 11.342
8, 722 592, 776
2003 to 2004
new units 2005
861 34, 720
176 6,184
769 23,701
219 6,652
131 29,934
96 2,208
203 27,774
138 5,897
771 24,297
109 20,802
381 27,799
178 43,151
386 39,206
433 17,569
729 46,672
346 10,449
998 48,677
1,023 63,567
752 110,871
21 11,364
8,721 601,495
2004 to 2005
new units 2006
859 35,544
180 6,362
789 24,482
232 6,888
141 30,078
94 2,298
202 27,967
139 6,031
781 25,057
112 20,912
394 28,190
180 43,326
388 39,583
435 17,990
718 47,349
356 10,801
981 49,601
999 64,502
715 111,522
22 11.386
8,719 609,869
2005 to 2006
new units
823
177
781
236
144
91
193
134
760
110
391
175
377
421
677
353
924
935
650
22
8, 374
it • •