2003-025 1st Amdmt to School Concurrency Interlocal Agrmnt.RESOLUTION 25-2003
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO
ENTER INTO FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PALM
BEACH COUNTY, VARIOUS MUNICIPALITIES OF PALM BEACH COUNTY, AND THE
SCHOOL DISTRICT OF PALM BEACH COUNTY TO ESTABLISH PUBLIC SCHOOL
CONCURRENCY, WHICH FIRST AMENDMENT TO INTERLOCAL AGREEMENT IS
ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve the First Amendment to the Interlocal Agreement with Palm Beach County, various
municipalities of Palm Beach County and the School District of Palm Beach County to establish
public school concurrency attached as Exhibit "A."
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
First Amendment to the Interlocal Agreement as set forth in Exhibit "A" for and on behalf of the
Village of North Palm Beach, Florida.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 24th DAY OF APRIL, 2003.
(Village Seal)
FIRST AMENDMENT
TO THE PALM BEACH COUNTY
• INTERLOCAL AGREEMENT
with
MUNICIPALITIES OF PALM BEACH COUNTY
and
THE SCHOOL DISTRICT OF PALM BEACH COUNTY
To Establish
PUBLIC SCHOOL CONCURRENCY
This First Amendment to the Interlocal Agreement establishing Public School Concurrency is hereby
entered into by and between PALM BEACH COUNTY (hereafter referred to as the "COUNTY", operating
through its BOARD OF COUNTY COMMISSIONERS; those municipalities who have executed this Agreement
(hereafter referred to singly as "MUNICIPALITY" 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"
all of whom may collectively be referred to as the "PARTIES" to this Interlocal Agreement.
WHEREAS, on January 25, 2001, the COUNTY, the MUNICIPALITIES, and the SCHOOL
DISTRICT entered into the Interlocal Agreement to establish public school concurrency; and
WHEREAS, the Interlocal Agreement, among other things, establishes a Technical Advisory Group
(TAG) to periodically evaluate the school concurrency program and to recommend proposed amendments to
the Interlocal Agreement; and
WHEREAS, the TAG on October 7, 2002, approved and issued a Program Evaluation Report for
distribution to all PARTIES to the Interlocal Agreement recommending changes to the document; and
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WHEREAS, on November 7, 2002, and January 30, 2003, the Intergovernmental Plan Amendment
• Committee (IPARC), which consists of planning directors in Palm Beach County, reviewed the Program
Evaluation Report and the recommended changes; and
WHEREAS, pursuant to its terms, the Interlocal Agreement may be amended by written agreement
of fifty-one percent (51%) of the PARTIES; and
WHEREAS, the PARTIES hereto desire to amend the Interlocal Agreement as set forth as
recommended by the Program Evaluation Report.
NOW, THEREFORE, in order to amend the Interlocal Agreement, and in consideration of the
mutual obligations and benefits conferred, the COUNTY, the MUNICIPALITIES, and the SCHOOL
DISTRICT hereby amend the Interlocal Agreement as follows:
All references to Florida Statutes Chapters 235 and 236 have been changed to Chapters 1013 and
1011.
SECTION 1.
Definitions aze hereby amended as follows:
First FTE Studen_t_Count - A first semester count of all "full time equivalent" students The date of the
first FTE count is determined by the Florida Department of Education each school year pursuant to Chapter
1011.62. Florida Statutes.
SECTION 2. Article II.B. Required Concurrency Elements is hereby amended as follows:
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 kee on file the °°a ••~a°'° .1,°~ e~~-~a~~~ ' L L updated and
adopted SCHOOL DISTRICT'S Five-Year Capita] Facilities Plan in order to set forth a financially feasible
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public school capital facilities plan, consistent with the adopted Level of Service Standards for public
• schools.
SECTION 3.
Article IILC Transmittal shall be amended as follows:
The SCHOOL DISTRICT shall transmit copies of the proposed SCHOOL DISTRICT'S Five Year Capital
Facilities Plan along with data and analysis necessary to demonstrate the financial and feasibility of the
Program to the Technical Advisory Group (TAG), the MUNICIPALITIES and the COUNTY on or before
A4ay-3~ July 1 of each year commencing after the effective date of this AGREEMENT.
SECTION 4.
Article IILF Material Amendment to the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan is
hereby amended as follows:
(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; or
(c) At the request of one of the PARTIES to this agreement the project schedule or scope has been
modified to address local government concerns, and the modification does not cause the adopted LOS to be
exceeded in the CSA from which the orieinallyplanned proiect is modified delaved or deleted
SECTION 5.
Article III.G Amend Comprehensive Plan is hereby amended as follows:
Once the SCHOOL DISTRICT'S Five-Yeaz Capital Facilities Plan, the annual update, or any material
amendment has been adopted by the SCHOOL BOARD, the COUNTY °°'' *.rr rnrrr~ro ^ r r~rr~ c shall amend
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"The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" of the Capital
• Improvement Element of their its Comprehensive Plans to include the changes in their next round of
amendments. The COUNTY shall transmit the ado ted co ies of these amendments to all si natories of this
agreement within thirtv (301 days of adoption. The MUNICIPALITIES in turn shall follow procedures
consistent with Rule 9J-5, Florida Administrative Code to adopt the SCHOOL DISTRICT of Palm Beach
County Six Year Capital Improvement Schedule
SECTION 6.
Article IV.A Process for Development and Adoption of Capital Improvement Element is hereby
amended as follows:
1. The SCHOOL DISTRICT shall prepare and the COUNTY ~°a ~~° *~^ T:`:ICIP .LIT',--„/o~ shall adopt into the
Capital Improvements Element of its them comprehensive plan "The SCHOOL DISTRICT of Palm Beach
County Six Yeaz Capital Improvement Schedule" of the SCHOOL DISTRICT'S Five-Year Capital Facilities
Plan set forth in Section III, in this AGREEMENT.
SECTION 7. Article V.C Level of Service is hereby amended as follows:
To ensure the capacity of schools is sufficient to support student growth at the adopted level of
service for each yeaz of the five yeaz 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 all schools
of each type in each CSA and each individual school shall be established each year by the first FTE student
count ,.~,,.,...e _a ..e .,....._
2 (b) Up to 120 percent of FISH 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 GOVERNMENTS having jurisdiction within the CSA and the SCHOOL DISTRICT, to
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determine if a particulaz school can operate in excess of 110% capacity. The SCS shall be required if
• a school in the first FTE student count °P'"° °°°°~a °°--~°°~°-reaches 108 percent or above of FISH
capacity, once the Level of Service in V.B.2 above is achieved.
5. Upon determination by TAG if a school is planned and under contract or construction
which will relieve capacity of an existing school, the existing school shall be allowed to exceed the 120%
maximum utilization for a period not to exceed 2 vears. The former is intended to prevent the movement of
students more than once.
SECTION 8.
Article V.F. SCHOOL DISTRICT Review of New Residential Proposals is hereby amended as
follows:
3. Determine Utilization - Analysis of Enrollment to Capacity for Five years: The SCHOOL D]STRICT
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. Enrollment projections shall
be based on the most recently adopted five veaz capital plan and the DRT shall be undated to reflect these
rojections by November 151 of each ~.
SECTION 9.
Article V.G. Term of School Concurrency is hereby amended as follows:
A Letter of Determination for School Concurrency, issued by the SCHOOL DISTRICT, shall be valid for one
year from the date of issuance. A determination may be extended for two consecutive six month periods
providing the SCHOOL DISTRICT receives documentation that the application is pro ressing in good faith
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through the local government's review process Once the Local Government Specific Development Order is
• issued, the concurrency determination shall run with the Development Order.
SECTION 10.
Article V.H. Suspension of Concurrency is hereby amended as follows:
1(e) If concurrency is suspended in one-third or more of the CSA's pursuant to fiH.2. of this section below.
(Omitted for Brevity)
2(b) An annual__first FTE student count shows that an individual school exceeds the adonted LOS and the
SCHOOL DISTRICT has not maximized utilization and achieved the adonted LOS by the subsequent first
FTE student count;
or
(c) Where the School Boazd materially amends the first 3 years of the SCHOOL
DISTRICT'S Five-Year 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.
If the Program Evaluation and Monitorine Report in accordance with SectionVI.#I K.,
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.
SECTION 11.
Article VLJ. Management Reports is hereby amended as follows:
Management and Enrollment Reports
By r~~' November 1 S` of 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
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adopted Five-Year Capital Facilities Plan. The Management Report will contain...... This report shall also
• contain the first FTE student count of all schools of each twe in each CSA and each individual school
SECTION 12.
Article VI.K is hereby deleted as follows:
SECTION 13.
Article V.L. is hereby deleted as follows:
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• eernpletien.
SECTION 14.
Article VI.M. Program Evaluation Report is hereby amended as follows:
114: K. Program Evaluation and Monitorinti_ Report
1. On or before ~,.^~~~ December 15, of each year or at the request of any party to this
Agreement, TAG shall it3itiete complete an evaluation of the effectiveness of the program. This evaluation and
Report shall consider but not be limited to the following:
(a) Number of school concurrency suspensions by school type
(b) Duration of school concunency 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.
(fl The accuracv of previous pupil enrollment projections compared with actual
enrollment-
(g) The accuracv of previous population proiections of each CSA compazed with
actual erowth.
()~ The accuracv of projected costs of school construction proiects compared-with
actual costs.
'l. 't'A('^f,^ll a ~eY„..r ..„.i.„F.„,7:„b.. ,i .1 11 DADTiL'C 1, 7.T 1, 1 ~nn~ a
. ~ . ...t,^ ^c~e „a ..:.ti,:„ nn a^..,. ^w^~ .t,^ ~ ^^. F .. . 1... „ ^.w...,..1.:^ A /`_DL'L'A.fL'T,TT
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The recommendations shall include, but not be limited to, suspension and changes to the following:
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SECTION 15.
• Article VIII.D. Coordinated Planning is hereby amended as follows:
D. School District Data Publication
The SCHOOL DISTRICT shall publish data concerning school capacity, including the enrollment
of each individual school based on the first FTE student count ~-°' °^~~~' ^Oa7-° °°°^~a °°--°°«°_ 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 specifically update the data upon
meeting the following conditions: no later than fifteen (15) working days after the annual update of the
SCHOOL DISTRICT's Five-Year Capital Facilities Plan; with the first FTE student count ~-
~~~ each year; as new capacity becomes operational; when a SCS is approved; or as concurrency
determinations are issued.
SECTION 16.
Except as expressly set forth herein, all terms and conditions of the Interlocal Agreement remain in
full force and effect.
SECTION 17.
This Amendment to the Interlocal Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same instrument.
SECTION 18.
Upon this Amendment being signed by the last required party, this First Amendment to the Interlocal
Agreement shall be filed with the Clerk of the Circuit Court. This First Amendment to the Interlocal
Agreement shall take effect immediately on the date filed with the Clerk of the Circuit Court and shall
continue until terminated.
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• IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal
Agreement on the day and yeaz indicated.
Date:
ATTEST: SCHOOL BOARD OF PALM BEACH COUNTY
By:
Chairman
Approved as to Form and
Legal Sufficiency
Attorney for School Boazd
u
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