Fort Walton Beach Resolution — 07-03-Interlocal Agreement-School Planning — reading text

Public School Facilities Element: a) Initial comprehensive plan amendments related to the Public Schools Facilities Element to satisfy Senate Bill 360 requirements: The amendments to the Public School Facilities Element and related amendments to the Capital Improvements Element and the Intergovernmental Coordination Element in the County' s and Municipalities' comprehensive plans (" school-related element amendments" or " school- related element provisions") required to satisfy Senate Bill 360 are being adopted into the comprehensive plans of the County and Municipalities. b) Subsequent school- related element amendments: Thereafter, the experience under the revised comprehensive plans and the School Board' s educational facilities plan shall be reviewed by the County and Municipalities each year, at a staff working group meeting to be held no later than April 15t\ to determine whether updates to the comprehensive plans are required. At a minimum, the School Board' s Five-Year Capital Facilities Plan shall be updated annually by the addition of Page 7 of 35 a new fifth year as provided in Section 4.3. Any other amendments to the comprehensive plans shall be transmitted in time to allow their adoption concurrently with the update to the School Board' s Five- Year Capital Facilities Plan, where feasible. c) Countywide consistency of school-related element amendments: The County' s and Municipalities' school- related element provisions must be consistent with each other and with the School Board' s facilities plans and policies. Each of the Municipalities may choose to adopt all or a portion of the County' s school- related element provisions into its comprehensive plan by reference, or it may adopt its own school- related element provisions. If a Municipality adopts its own school~related element provisions, any goal, objective, policy or other provision relevant to the establishment and maintenance of a uniform district- wide school concurrency system shall be substantially the same as its counterpart in the County comprehensive plan and other Municipalities' comprehensive plans. If any school- related element amendment is proposed that affects the uniform district-wide school concurrency system, it shall not become effective until the last party adopts it into its comprehensive plan. Once each ofthe Municipalities and the County have adopted such a plan amendment and these amendments have all become effective, then the new requirement shall apply countywide. Each ofthe Municipalities and the County may adopt the School Board' s Five- Year Capital Facilities Plan into its comprehensive plan either by reference or by restatement ofthe relevant portions of that Five- Year Plan, but in no event shall a Municipality or the County attempt to modify that Five- Year Plan. The County and Municipalities agree to coordinate the timing of approval of school- related element amendments, to the extent that it is feasible to do so. 3. 6 Capital Improvements Element: a) Following adoption of the School District's Five Year Capital Facilities Plan, the Page 8 of 35  County and Cities shall adopt the School District' s Five Year Capital Improvement Schedule from the plan into the Capital Improvements Elements of their Comprehensive Plans, pursuant to the requirements of 163. 3177( 3), F. S., no later than December 1st of each year ( beginning December 1, 2007). b) The School Board shall transmit to the County and Cities any adopted amendment, correction, or modification the School District's Five Year Capital Facilities Plan or Five Year Capital Improvement Schedule concerning costs, revenue sources, or acceptance of facilities. Within ninety (90) days, the County and Cities shall amend their Capital Improvements Elements to reflect the changes. Such amendment may be accomplished by ordinance and shall not be deemed amendments to the comprehensive plan. c )The County and Cities, by adopting the School District's Five Year Capital Facilities Plan in their Capital Improvements Elements, shall have neither obligation or responsibility for funding the School District's Five Year Capital Facilities Plan. 3. 6. 1 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, F. S. 3. 7 School Board review of school- related element amendments: All school- related element amendments of the comprehensive plan shall be provided to the School Board at least 45 days prior to transmittal ( or adoption if no transmittal is required). The School Board shall review the school- related element amendments and provide comments, if any, to the relevant local government either ( a) in writing at least fifteen (15) days prior to the public meeting on the school- related element amendment, or ( b) by attending and providing comments at the local planning Page 9 of 35  agency meeting. In addition to the other coordination procedures provided for in this amended interlocal agreement, County, City, and School Board staff working groups will meet to address needed updates to school- related plan provisions at the time ofthe Evaluation and Appraisal Report. Section 4. IMPLEMENTATION OF SCHOOL CONCURRENCY. 4. 1 This section establishes the mechanisms for coordinating the development, adoption and amendment ofthe Okaloosa County School Board Capital Facilities Plan, as well as the public school facilities elements, and the intergovernmental coordination and capital improvements elements of the County and Municipalities' comprehensive plans, in order to implement a uniform district wide school concurrency system as required by law. The key components of school concurrency are listed below: a) Level of Service ( LOS) standards; b) Concurrency Service Areas ( CSA); c) Procedures for monitoring school demand and capacity; d) Procedures and methodology for making concurrency determinations for development approvals; e) Mitigation options and processes; f) The 5- Year Work Program for County and City school facilities; and, g) Public Schools Facilities Elements of both County and City Comprehensive Plans 4. 2 The School Board, County and Municipalities agree to the following principles for school concurrency in Okaloosa County: a) The uniform methodology for determining if a particular school is overcapacity shall be determined by the School Board and adopted into the County' s and Municipalities' Page 10 of 35 comprehensive plans. The School Board hereby selects Department of Education permanent Florida capacity as the uniform methodology to determine the capacity of each school as stated in the Inventory of School Houses ( FISH) for Okaloosa County. b) The uniform, district-wide level- of service standards are initially set as follows, and shall be adopted in the County' s and Municipalities' public school facilities elements and capital improvements elements: EVEL OF SERVICE 100% of DOE 100% of DOE 100% of DOE ose 100% of DOE Potential amendments to these levels of service shall be considered at least annually at the staff working group meeting to take place no later than April 15 of each year. If there is a consensus to amend any level of service, it shall be accomplished by the execution of an amendment to this interlocal agreement by all parties and the adoption of amendments to the County' s and each ofthe Municipalities' s comprehensive plan. The amended level of service shall not be effective until all interlocal agreement is fully executed. No level plan amendments are effective and the fu'1lended of service shall be amended without a showing that the amended level of service is financially feasible and can be achieved and maintained over the five years ofthe Capital Facilities Plan. Ifthe impact of the proj ect will not be felt until years 2 or 3 of the Five Year Plan, then any relevant programmed improvements in those years shall be considered available capacity for the proj ect and factored into the level of service analysis. If the impact of the project will not be felt until years 4 or 5 of the Five Year Plan, then any relevant programmed improvements shall not be considered available capacity for the project unless funding of the improvement is assured, through School Page 11 of 35 Board funding, the proportionate share mitigation process, or some other means. c) The concurrency service areas shall be the County planning areas, as shown on Appendix " B" to this interlocal agreement. In each concurrency service area the proposed project must meet school concurrency for the primary, intermediate and secondary school levels within the school attendance zones where the project is located. Potential amendments to the concurrency service areas shall be considered annually at the staff working group meeting to take place each year no later than April 15 . If there is a consensus to amend any of the concurrency service areas, it shall be accomplished by the execution of an amendment to this interlocal agreement by all parties and the adoption of amendments to the County' s and each Municipalities' s comprehensive plan. The amended concurrency service areas shall not be effective until all plan amendments are effective and the amended