Item #05 Approval of first Amendment to Amended Interlocal Agreement for Public School Facility Planning and Implementation of Concurrency
Meeting Date: August 17, 2010
Item # 5
Contact Name:
Contact Number:
Bobby Howell, MPA
407 -905-3100, Ext. 1044
Reviewed By:
Development Services
Director:
City Manager:
~
Subject: First Amendment to Amended Interlocal Agreement for Public School Facility Planning and
Implementation of Concurrency
ISSUE:
Should the Honorable Mayor and City Commissioners approve the First Amendment to the Amended Interlocal
Agreement for Public School Facility Planning and Implementation of Concurrency between Orange County Public
Schools, Orange County, and all municipalities within Orange County?
DISCUSSION:
In 2008, the City Commission adopted new elements into the Comprehensive Plan which implemented school
concurrency in the City of Ocoee. In addition to the adoption of the new elements into the Comprehensive Plan,
the City entered into an Interlocal Agreement (ILA) which was signed by Orange County Public Schools (OCPS),
Orange County, and all municipalities within Orange County. The Interlocal Agreement (ILA) ensures that school
concurrency is uniformly implemented throughout the County and addresses the minimum requirements for school
concurrency.
As a result of fewer backlogged schools on OCPS' list; the I LA has been amended to delete several definitions,
and modify Level of Service standards, School Concurrency Service Areas, and appendices that were detailed in
the originallLA. The amendment to the ILA cannot be finalized until the City of Ocoee, Orange County, OCPS and
all municipalities within Orange County sign the agreement.
STAFF RECOMMENDATION:
Staff recommends that the Honorable Mayor and City Commissioners approve the First Amendment to the
Amended Interlocal Agreement for Public School Facility Planning and Implementation of Concurrency between
OCPS, Orange County, and all municipalities within Orange County.
ATTACHMENTS:
First Amendment to the Amended Interlocal Agreement for Public School Facility Planning and Implementation of
Concurrency
FINANCIAL IMPACT:
None.
TYPE OF ITEM: (please mark with an "x')
Public Hearing
_ Ordinance First Reading
Ordinance Second Reading
Resolution
~ Commission Approval
Discussion & Direction
For Clerk's Deaf Use:
_ Consent Agenda
Public Hearing
_ Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
2
N/A
X N/A
N/A
FIRST AMENDMENT TO AMENDED INTERLOCAL AGREEMENT FOR PUBLIC
SCHOOL FACILITY PLANNING AND IMPLEMENT A TION OF CONCURRENCY
This FIRST AMENDMENT TO AMENDED INTERLOCAL AGREEMENT FOR
PUBLIC SCHOOL FACILITY PLANNING AND IMPLEMENTATION OF
CONCURRENCY ("First Amendment") is made and entered into as of the day of
, 2010, by and among SCHOOL BOARD OF ORANGE COUNTY, FLORIDA
(hereinafter referred to as "School Board"), ORANGE COUNTY, FLORIDA (hereinafter
referred to as "County"), and the following cities and towns: CITY OF APOPKA, CITY OF
BELLE ISLE, TOWN OF EA TONVILLE, CITY OF EDGEWOOD, CITY OF
MAITLAND, TOWN OF OAKLAND, CITY OF OCOEE, CITY OF ORLANDO, TOWN
OF WINDERMERE, CITY OF WINTER GARDEN and CITY OF WINTER PARK
(collectively, "Municipalities") (together with the County, hereinafter sometimes referred to
collectively as "Local Governments").
WIT N E SSE T H:
WHEREAS, School Board, County, and Municipalities entered into that certain
Amended Interlocal Agreement For Public School Facility Planning And Implementation Of
Concurrency which was approved by the Orange County Board of County Commissioners on
June 10, 2008 (the "Interlocal Agreement") for the purpose of implementing statutory school
concurrency requirements; and
WHEREAS, subsequent to the execution of the Interlocal Agreement, School Board
amended the Level of Service Standards and the School Concurrency Service Areas; and
WHEREAS, pursuant to Section 13.4 of the Interlocal Agreement, upon final approval by
the School Board and the Local Governments, any amendment to the Level of Service standards
requires an amendment to each Local Government's Comprehensive Plan as well as an
amendment to the Interlocal Agreement; and
WHEREAS, pursuant to Section 14.2 of the Interlocal Agreement, the School
Concurrency Service Areas shall be included as part of the supporting data and analysis for the
Local Governments' respective Comprehensive Plans; and
WHEREAS, pursuant to Section 14.3 of the Interlocal Agreement, any changes to the
School Concurrency Service Areas shall not be effective until approval by School Board, County
and Municipalities, and prior to adopting any change to the School Concurrency Service Areas,
School Board must make certain verifications with regard to the changes; and
WHEREAS, pursuant to Section 21 of the Interlocal Agreement, any amendments to the
Interlocal Agreement must be in writing and must be executed by all parties thereto; and
-J -
WHEREAS, School Board, County, and Municipalities wish to amend the Interlocal
Agreement so as to provide for the modifications to the Level of Service standards, the School
Concurrency Service Areas, and any other necessary changes.
NOW THEREFORE, be it mutually agreed by and among the School Board, Orange
County, and the City of Apopka, City of Belle Isle, Town of Eatonville, City of Edgewood, City
of Maitland, Town of Oakland, City of Ocoee, City of Orlando, Town of Windermere, City of
Winter Garden, and City of Winter Park that the Interlocal Agreement shall be amended as set
forth below:
1. Recitals. The recitals set forth above are true and correct and are incorporated
herein. Unless otherwise provided herein, capitalized terms used herein shall have the meanings
set forth in the Interlocal Agreement.
2. Section 1. Definitions. The definitions in Section 1 of the Interlocal Agreement of
"Development Impact," "In-Slot Classrooms," and "School Type" are hereby deleted in their
entirety and replaced and superseded with the following definitions:
"Development Impact: projected students from a Residential Development as a
result of approval of a Development Application or School Concurrency
Determination Application, calculated by multiplying the proposed number of
dwelling units by the student generation rates by School Type as set forth in the
Data, Inventory, and Analysis to the County's adopted Public Schools Facilities
Element dated May 2, 2008."
"In-Slot Classrooms: relocatable classrooms that conceptually 'slide' into the
spaces along a common walkway, as part of a modular campus which is
characterized by a campus with brick and mortar core facilities and covered
concrete walkways leading to the relocatable classrooms, and which are located at
the following elementary schools: Clay Springs, Cypress Springs, Frangus,
Hidden Oaks, Hunter's Creek, John Young, Little River, Meadow Woods,
MetroWest, Palm Lake, Rock Springs, Shingle Creek, Ventura, Waterbridge,
Waterford, and Arbor Ridge."
"School Type: a category of school based on instruction level, whether
elementary school grades, middle school grades, or high school grades; ninth-
grade centers shall be included with high schools. Arbor Ridge K-8 and Windy
Ridge K-8 shall be included with elementary schools; grades Kindergarten
through 5 of Blanker K-8 shall be included in elementary schools and grades 6-8
of Blankner K-8 shall be included with middle schools."
3. Section 13. Level of Service Standards.
a. Section 13.1 of the Interlocal Agreement is hereby deleted in its entirety
and replaced and superseded with the following:
- 2-
"13.1 Establishment of Level of Service. To ensure that the capacity of schools
is sufficient to support student growth and prevent the overcrowding of schools,
the School Board, the County, and the Municipalities establish the following
uniform Level of Service standards for elementary, middle and high schools
within each School Concurrency Service Area as described in Section 14 of this
Agreement. The Level of Service standards for each School Concurrency Service
Area shall be incorporated in the Comprehensive Plan of the County and each
Municipality. However, pursuant to section 163.3180(9), Florida Statutes, the
School Board, the County and the Municipalities may adopt interim Level of
Service standards for backlogged facilities within long term school concurrency
management areas as more fully set forth in Section 13.2 of this Agreement.
(a) Elementary schools: 110% of Adjusted FISH Capacity for each
Elementary School Concurrency Service Area. The Elementary school LOS shall
also include Arbor Ridge K-8, Windy Ridge K-8 and grades Kindergarten through
5 of Blankner K-8.
(b) Middle schools: 100% of Adjusted FISH Capacity for each Middle
School Concurrency Service Area. The Middle school LOS shall also include
grades 6-8 of Blankner K-8.
(c) High schools, including ninth grade centers: 100% of Adjusted
FISH Capacity for each High School Concurrency Service Area."
b. Section 13.2 of the Interlocal Agreement is hereby deleted in its entirety
and replaced and superseded with the following:
"13.2 Long Term Concurrency Management System.
(a) The School Board, the County, and the Municipalities agree to
maintain long term concurrency management systems as provided in section
163.3180(9)(a), Florida Statutes. The parties acknowledge that, initially, within
the School Concurrency Service Areas identified in Appendix D there is a backlog
of need for school facilities such that the School Board cannot within five (5)
years achieve the adopted Level of Service standards. Within such areas (the
"Long- Term Concurrency Areas"), interim Level of Service standards shall be
implemented, as identified in Appendix D.
(b) The School Board will develop and include within its District
Facilities Work Program, a financially feasible plan to achieve the adopted Level
of Service standards within ten (10) years through the construction of additional
educational facilities sufficient to accommodate the demand for such capacity.
- 3 -
The County and the Municipalities agree to amend the Capital Improvements
Element of their respective Comprehensive Plans to reflect the ten (10) year
concurrency management system."
4. Section 14.1. Section 14.1 of the Interlocal Agreement is hereby deleted in its
entirety and replaced and superseded by the following:
"14.1 School Concurrency Service Areas Established. The School Board,
County, and Municipalities agree that school concurrency shall be applied on a
less than county-wide basis. The School Concurrency Service Areas shall be as
follows:
(a) Elementary schools. The School Concurrency Service Areas for
elementary schools shall correspond to the areas as determined and depicted in
Appendix A, as attached to this Agreement.
(b) Middle schools. The School Concurrency Service Areas for
middle schools shall correspond to the areas as determined and depicted in
Appendix B, as attached to this Agreement.
( c) High schools. The School Concurrency Service Areas for high
schools shall correspond to the areas as determined and depicted in Appendix C,
as attached to this Agreement."
5. School Board Verification. In accordance with Section l4.3(a) of the Interlocal
Agreement, by execution of this First Amendment, the School Board hereby verifies that as a
result of the changes made herein to the School Concurrency Service Areas:
(a) The adopted Level of Service standards will be achieved and maintained
by the end of the five (5) year (or ten (10) year for backlogged facilities) planning period; and
(b) The utilization of School Capacity will be maximized to the greatest extent
possible, taking into account transportation costs and state adopted student travel standards,
court approved desegregation plans, the impact on School Capacity from committed and
approved development, and other factors.
6. Appendices. The Appendices "A" through "E" to the Interlocal Agreement are
hereby deleted in their entirety and replaced and superseded by the Appendices attached hereto as
Appendix "A" through Appendix "D."
7. Effective Date. This First Amendment will be effective within the County and
each Municipality upon the adoption of each jurisdiction's amendments to the Public School
Facilities Element and any other elements of the respective Comprehensive Plans necessary to
implement this First Amendment. The failure of any or each of the proposed parties hereto to
execute this First Amendment shall not in any way affect the validity of this First Amendment or
the Interlocal Agreement as between the other signatory parties hereto.
-4-
8. Counterparts. This First Amendment may be executed in any number of
counterparts, each of which shall be an original, but all of which together shall constitute one and
the same instrument.
9. Ratification. Except as modified herein, the Interlocal Agreement remams
unchanged and in full force and effect. In the event of a conflict between the terms and
provisions of this First Amendment and the Interlocal Agreement, the terms and provisions of
this First Amendment shall control and be given effect.
[Signature blocks appear on following pages.]
- 5 -
IN WITNESS WHEREOF, the parties have executed this First Amendment to Interlocal
Agreement effective on the day and year set forth above,
"COUNTY"
ORANGE COUNTY, FLORIDA
By: Boa of County Commissioners
l: I daLu-a. 4-.
Ri ard T. Crotty .
Orange County Mayor
Date: ~ . 4. 1(1)
B}I'
~eputy Clerk
[Signature blocks continue on following pages.]
S:\WEvcrs\CONCURRENCY\Sehools\Draft Intcrloeals Seh Coneur\20 1 0 Interloeal\First-Amcndmcnt-lnterloeal-Agmt v I.DOC
-6-
{Corporate Seal}
Ei 1~<:V\ ~~Q.. II
Approved as to fOlm and legality byTrnnk Date: -----M.-~ J q
~lIpp€lnbaeher, attol11ey for the School f
rd of Orange County, Florida this \tHb
(lay of ~Cc 20 \0
---r
Signed, sealed and delivered in the
presence of:
"SCHOOL BOARD"
THE SCHOOL BOARD OF ORANGE
COUNTY, FLORIDA, a corporate body
organized and existing under the constitution and
laws of the State of Florida
BY:~~
Nam: -:JD,~ ~{~
Title: cb I~
6l~~
Attest:
Ronald Blocker,
Superintendent
and
its
Secretary
and
,20JQ
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrll'l'ent ')'JJc~owledged before me thi$,y of ~~ '
20 Lf2.., by \70 ,,-e.. Li:2 $, , as Chairman and Ronald B locker, as ecretalY
and Superintendent of the School Bo~d of Orange County, Florida, a corporate body organized
and existing under the constitution ynd laws of the State of Florida. Said persons (check one) _
are personally known to me or -l,L produced as identification.
~ 7JJ-7J1~/
./
o~~~;.~l18(", DEBORAH M. MCGILL
~~... MYCOMMISSIONiDD612615
* " * EXPIRES: December 23. 2010
"'~, ..,Q"< Bonded Thru Bu~el Notar; Services
FOH\.o
Printed Name:
NotatY Public, State of Florida
Commission No.
My Commission expires:
[Signature blocks continue on following pages.]
- 7 -
ATTEST:
Name:
Title:
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
FLORIDA; APPROVED AS TO
FORM AND LEGALITY this
day of 20
FOLEY & LARDNER
By:
City Attorney
"CITY OF OCOEE"
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON _,20_ UNDER
AGENDA ITEM NO.
-14-
APPENDIX A
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