Exh 4DAGENDA ITEM 4D
JUNE 9, 2003
CITY OF ATLANTIC BEACH
..CITY COMMISSION STAFF REPORT
AGENDA ITEM; Minor revisions to the previously adopted interlocal Agreement to
address school planning as required by2002. SB 1906
SUBMITTED BY: Sonya Doerr, AICP ~,~
.Community Development Director
DATE: dune 02, 2003
BACKGROUND:. At the May -12th regular meeting, the Eity of Atlantic Beach held a public
hearing. to consider and adopt the required interlocal agreement between all Duval County local
governments and' the. school. board to `address school planning issues. ` At that meeting; the
Commission unanimously. approved a resolution to authorize the 1Vlayor to execute the
interlocal agreement:
The Jacksonville City Council subsequently held their required public hearing to adopt the
same interlocal agreement, While staff had. been given some assurance that: changes would not
be made to the final draft as it was approved by the Joint Planning Committee, the City Council
.did in fact make some,very minor changes to the. interlocal. The City Council added language to
Sections 3.2,.1, 9.2, and 1,1.3 to require that members of each legislative body receive a copy of
the reports referenced iri .those Sections. The Council also added langaage to Section 6,3 to
clearly state that all school board comments, which are submitted pursuant to Section 6.3 of the
interlocal, become a part of the official public record.
Local governments and the school board of each school. district have been strongly encouraged..
by the State to adopt a single interlocal. agreement... While `these changes, have no ,substantive
impact to the adopted agreement, or to the City of Atlantic Beach, the school board and other
.local governments will{for the sake of administrative consistency) re-adopt or `amend' those
interlocals, which. were adopted prior to the Jacksonville. City Council action.
BUDGET: No budget issues.:. -
RECOMMENDATION: Motion authorizing 1Vlayor to execute Interlocal Agreement, with
amendments to Exhibit A, as previously adopted by Resolution 03-04.
ATTACHMENTS: Interlocal Agreement,: attached as Exhibit A, with added language
underlined on pages 4,6 8 and 10. (Signatory pages.. are no included as these are unchanged.)
REVIEWED BY CITYMAN
06-09-43 regular meeting.
AGENDA ITEM 4D
_. JUNE 9, 2003
EXHIBIT A
INq'ERLO+CAL AGREEMENT FOR JOINT FACILITY PLANNING
This agreement is entered. into between the City Council of the Consolidated City of
Jacksonville. (hereinafter referred to as "Jacksonville"), the City Commission of the City of At-
lantic Beach (hereinafter. referred to as "Atlantic Beach"), the Town,Council of the Town. of
Baldwin .(hereinafter referred. to as "Baldwin"), the City Council of the City of .Jacksonville
Beach (hereinafter referred to as "Jacksonville Beach"), and the City Council of the City of Nep-
tune Beach (hereinafter referred to as "Neptune Beach"),.:which are hereinafter collectively. re-
farted to as the "Cities' and the Duval. County.. School Board (hereinafter called the "School
Board" when referring to the elected board and "Duval County. Public Schools" or "DCPS" when
referring to the. administrative staff of the School $oard).
WHEREAS, The Cities and the School Board recognize the benefits that flow o the citi-
tens and students of the communities.. by more closely coordinating .their comprehensive Tand use
and school facilities planning- programs: namely (1) better: coordination of .new. schools in time-
and place with land development, (2) greater efficiency for the Cities and the School Board by
the reduction of student. travel times and the placement of schools to_take advantage of existing
. and planned roads; water, sewer, and parks, (3) improved student access and safety by coordinat-
ing the construction of new and expanded schools with. the road and sidewalk construction pro-
grams of the Cities, (4) the location and design of.schools so that they serve as community.. focal
points, (5) the location and design of schools with parks, active recreation facilities, libraries, and
other community facilities to take advantage of joinf-use opportunities, and (6) the location of
new schools and expansion and rehabilitation of existing. schools so as to reduce pressures con-
tributing to urban sprawl and support existing .neighborhoods; and
WHEREAS, the City ;Council of the Consolidated .City of Jacksonville and -the Duval
County School Board, in IVlarch 2001; established a Joint Planning Cammittee to serve as an ad-
visory body to the City Council and School Board, and charged said Joint Planning Committee to
assist-Jacksonville and the School~Board in carrying out many. of the public school facility plan-
Wing responsibilities subsequently mandated in Sections 101.3.33 and 163.31777, Florida Stat-
utes, and
WHEREAS, Section 1013..33(10), Florida Statutes,: requires that the location of public
education facilities must be consistent with the comprehensive plans and implementing land de-
velopment regulations of the appropriate Cities; and
WHEREAS, Sections.163.3177(6)(h)1 and 2, Florida Statutes, requires each local gov-
ernment to adopt. an intergovernmental coordination- element as part of their ceinprehensive plan
that states principles and guidelines to be used in the accomplishment of the adopted comprehen-
'' sive plan with the plans of the. school. boards, .and describe the processes for collaborative plan-
Wing and decision making on population projections and public school siting; and
WHEREAS, Sectian 163.3177(6)(h)2, Florida Statutes, further requires each county,
which in this instance is the Consolidated City of Jacksonville, all of the municipalities within
Interlocal Agreement for Joint Facility Planning
Exi~ibit A -Resolution 03-0~1 Page 1
AGENDA ITEM 4D
JTTNE 9, 2003.:
Duval County, and the .School Board to establish by interlocal or other formal agreement exe-
cuted by all .affected parties, the. joint. processes described above consistent with their adopted
intergovernmental coordination elements; and
WHEREAS, the Cities and the School Board. have mutually agreed that coordination of
school facility planning and comprehensive land use planning is in the best interest of the citi-
zens of the Cities; .and
WHEREAS, the Cities have jurisdiction for land use and growth management decisions
within their boundaries, and
WHEREAS, the School Board has the responsibility to provide school facilities to en-
sure afree and adequate public. education to the residents of the Cities; and
WHEREAS, the Cities and the School Board agree that they can better fulfill their re-
spective responsibilities by working in close cooperation to ensure. that adequate public. school
facilities are available to the residents of the Cities; and
WHEREAS, the parties are authorized to enter into this interlocal agreement pursuant to
Section 163.01, Section 163.3177(6)(h)2; and Section 1010.33(2)(a), Florida Statutes.
htOW, THEREFORE, be it mutually agreed. between the. School Board, the City Coun-
cil of the Consolidated City of Jacksonville; the Town Council of the Town of Baldwin, the City_
Commission of the City of Atlantic Beach, the City. Council of the City of Jacksonville Beach,
and the City .Council of the City of Neptune Beach that the. following 'requirements, .criteria, site
standards; and procedures will. be utilized in the siting of public school facilities:
Section 1. Joint Meetings
1.1 The City Councils or Commissions and the School Board will meet at least once per .year
in a joint workshop session.. The joint workshop. session will be an opportunity for the.- ,
City. Councils, City Commissions, .and .the School Board to set direction, discuss issues,
-and reach understandings on issues of mutual concern; including, but not limited to, co-
` ordination of land use and school facilities planning, including population and student
growth, development trends, school needs, off-site improvements,. co-.location of facil-
ties, and joint use. opportunities. The City Councils or Commissions and the School
Board shall decide who will be responsible for making: meeting arrangements. and notifi-
cations. Additional joint workshop sessions maybe held as needed to carry out the provi- '
sions of this agreement...
Section 2. Student Enrmllment and Population Projections,
2.1 A consistent :method for projections ®f the amount, type, .and distribution of population
growth and student enrollment shall be achieved as follows:
2,1. L The- Florida Department of Education (DOE) countywide student enrollment pro-
jections, expressed in terms. of Full Time Equivalents (FTE) shall: be used.-These
Interlocal Agreement for7oint Facility Planning
Exhibit A -Resolution 03-04 Page 2
AGENDA ITEl~L 4D
JUNE 9,.2003.
projections will be shared with the chief planning officials for-the Cities. If the
DCPS staff and .any of the chief planning officials for the Cities believe that ad-
justments are needed to reflect data that the DOE may have overlooked, such in-
formation shall. be prepared and submitted to the DCPS for review.:
2.1.2 Any information provided by the chief planning officials of the Cities will be ad-
visory only. The final authority .for requesting any adjustments to the projecti®ns
shall rest with the DCPS.
2.1.3 On an annual basis, the allocation of student population .among. the various. plan-
Wing districts- within Jacksonville and any subareas .within the boundaries of At-
lantc Beach, Baldwin, Jacksonville. Beach,. and Neptune Beach will be carried out
jointly by he..DCPS staff and planning staff of the Cities. The. number and
boundaries of such planning districts or any .subareas will be determined by mu-
tual consent of the various staffs.
2.1.4 The overall enr®llment projections and those of the planning.. districts or any su-
bareas will be incorporated into the various plans of the Cities and the DCPS,. e.g:,
Education. Facilities Plans, Neighborhood Plans, etc.,. as required or desired by the
respective governmental bodies.
2:1.5 The Cities and the DCPS shall maintain the'-data needed for both short term -(five
years or less) and long term (more than. five year) planning efforts.
Section 3.Coordinating and Sharing of Information
3,1 7acksonville, acting` an behalf of itself and the other Cities,: will caordinate and share in-
formation with the DCPS asfollows:
3.1.1 Jacksonville's Department of Planning and Development. will provide the DCPS
with. copies of the Annual Statistical Package; .which includes information on
population,.. residential building.and demolition permits by type and general loci-
_ton.
On or about April 30~''of each year; .this Statistical Package will be forwarded to
the DCPS. The data will be current as of December of the previous year. -This
package :covers the cities of Jacksonville Beach, Neptune Beach, Atlantic Beach,
and Baldwin:
3.1.2 Jacksonville's Department of Planning and Development will also. provide a list
of all approved residential subdivisions byname, location, phases, and number of
units to school personnel at least once a year on or about Apri130~' of each year:
The subdivision information is current-and can be provided on a more frequent
basis as requested by the DCPS.
Interlocal Agreement for 7oinf Facility Planning
Exhibit A -Resolution 03-04 Page 3
:AGENDA ITEM 4D
JANE 9; 2003
3.1.3 When considering a Neighborhood Action Plan,:District Vision Plan, a Commu-
nity Redevelopment Area (CRA), or similar plans, the Cities, which. are parties to
this agreement, will provide a draft copy of these plans to-the DCPS for comment.'
3.1.4 Jacksonville's Department of Planning and. Development will provide to the
DCPS land use maps showing the boundaries of the Community Redevelopment..
...Areas and Neighborhood Plans and .District Vision Plans. These-.will be updated
as needed..
3.1.5 Population Projections and population data will be shared on an annual basis as
outlined in Policies under 2.1 above..
3:2 The School Board shall coordinate-:and share information with the. Cities as follows:
3.2.1 Educational Facilities Report: By November I of each year, the. Duval County
Public Schools'. staff shall submit a copy of the School Board's Five-Year. Work
Program to the each of the five Mayors, with a copy to the chief planning officials
of the .Cities and a cony to each member of the legislative bod~of each City
(Jacksonville" City Council, Atlantic Beach City Commission Baldwin Town
Council, Jacksonville Beach City Council and Neptune Beach Cit~uncil} The
report will contain existing and projected student enrollment, the number of relo-
eatables at each school, and projected needs: The report will contain the. School
Board approved Capital Improvement Plan including planned facilities and Capi-
tal Projects and. funding for the next five years..
3.2:2 When. a significant renovation or school. closure is approved by the School Board,
.the DCPS staff shall notify the chief planning official -for Jacksonville and any
other affected City. If the renovation will increase or decrease a school's capacity
by 30 percent or more, the chief planning officials will also be notified of the. ca-
pacify change,
3.3 'The Joint Planning Committee including .both elected and citizen members will provide. a
review and coordination: of the activities covered under this Interlocal :Agreement. This
Committee shall perform all of the duties outlined in Resolution 2001-65-A of the City
Council of Jacksonville and the companion Resolution. of the Duval County School
Board approved on March 7, 2001
3.3.1 The Joint Planning Committee will rn.eet as often as needed to cover such items,
however, the Committee will meet at least. twice a year to check progress and co-
ordinate the activities set. forth in the Resolutions.
.Section 4. School and Public Facility Site Selection
4.1 The DCPS staff. will be responsible for reviewing. and recommending potential sites for
new schools, proposed school :closings, .and. significant school` expansion projects;. and.
making recommendations to the .Superintendent. The DCPS staff will include the Techni-
Interlocai Agreement for Joint Facility Planning
Exhibit A -Resolution 03-04 Page 4
AGENDA ITEM 4D
JTJNE 9, 2003
cal Advisory Committee in its deliberations,. with the Joint Planning Committee provid-
ing an advisory recommendation on the proposal
4.2 The Cities will provide a list of needs. for potential. parks, libraries, and community center
sites to the Technical Advisory .Committee and then to the Joint Planning Committee for
consideration in formulating a recommendation concerning co-location and/or joint use.
4.3 The Technical Advisory Committee may consist of, but is not limited to, .staff persons
representing the .following governmental agencies and departments:
4.3.1 DCPS Real. Estate Officer,
4:3.2 DCPS Director of Pupil Assignment,
4.3.3 Jacksonville Deparfrnent of Planning and Development,
4.3.4 Jacksonville. Department• of Public Works, including Traffic Engineering,
4.3.5 Jacksonville Parks and Recreation Department,
4.3.6 Jacksonville Library System,
43.7 City of Atlantic Beach (when. needed),
4.3.8 Town of Baldwin (when needed),.
4.3.9 City of Jacksonville Beach (when needed),
4.3.10 City of Neptune Beach (when needed),
4.3.11. First Coast Metropolitan Planning Organization,
4.3.12 Jacksonville.Electric.Authority,
4.3.13 Jacksonville Transportation Authority (when. needed),`and
4.3.14 Florida Department of Transportation (when needed).
4.4 The following issues may be considered by the DCPS staff and. the Cities when evaluat-
ing potential public facility. sites:.
4.4.1 The location of public facility sites that will. provide logical focal points forcom-
munity activities .and serve as the cornerstone. for innovative urban. design scan-
Bards, including adequate public facilities. and opportunities for joint use and co-
location of school facilities and,. if appropriate,- emergency. shelters.. •
Interlocal Agreement for' Joint Facility. Planning
Exhibit A -Resolution 03-04 Page 5
AGENDA ITEM 4D
.tUNE 9, 2003
4.4.2 Whether existing public facilities can be expanded or rebuilt to accommodate a
school facility. _
.4.4.3.. Consistency of the proposed new school site. or school closing with the adopted
Comprehensive Plans of the Cities and any neighborhood or district plan adopted
by the Cities.
4.5 The Cities shall advise .the DCPS as to the consistency of the proposed closure, renova-
tion, ®r new site with the local comprehensive plan and; any neighborhood or district plan
adopted by the Cities.
4.6 The DCPS staff and the Technical Advisory Committee will meet on a quarterly basis to
ensure ongoing planning for future public. facility sites and explore opportunities for. con-
timed collaboration.
Section 5. Supporting Infrastructure
5.1 In c®njunction with the site selection determination, the DCPS and the staffs of the Cities
will jointly determine the need, responsibility for providing, and timing of any on- or off-
site infrastructure improvements necessary to.support a new school. To-theextent that the
proposed action affects on- or off-site infrastructure improvements, the same determina-
tion shall be made for the proposed renovation or expansion of an existing school.
Section 6. Comprehensive Plan Amendments, Rezonings; and Development Approvals
6.1 The School Board will designate and appoint a representative to serve as anon-voting
member on each of the Ioca1 planning agencies (LPA) of the Cities. The representative
wily be noticed, provided an agenda, and invited to attend and/or provide comments to the
LPA's for Jacksonville, Atlantic Beach,: Baldwin, 3acksonville Beach, and Neptune.
Beach..
6.2 The Cities will provide the School Board's representative. to their LPA with copies of all
.land use amendments and rezoning proposals that may. affect student enrollment projec-
tioris or school facilities.. Such notice will be provided pursuant to local notice proce-
d~res. This notice requirement .applies to amendments to the Future L' and Use 1Viap of
each Cities' comprehensive plan, rezonings; and Developments of Regianal Impact. The
Cities.. will also forward o the DCPS all. residential subdivision reviews as"part of the
commenting. agency review.
6.3 .After notification by the Cities, the DCPS .representative will advise the chief planning
official for the appropriate .City of the school enrollment impacts anticipated to result
from the proposed land use application or development proposal. The comments will n-
clude whether sufficient permanent capacity exists or is planned to accommodate the. im-
.pacts, based on the Five-Year. District Facilities, Work Program. School capacity will be
reported following DOE criteria. All comments submitted by the DCPS shall become a
Interlocal Agreement for Joint Facility .Planning
Exhibit A - Resoluti®n 03-04 Page 6
AGENDA ITEM 4D
JUNE 9,.2003
part of the affical record of the comprehensive -plan amendment, rezoning or develo;~-
rnent ~prohosal.
6.4 Based on the DOE definition of adequate. permanent capacity,. if sufficient capacity is not
available or planned to serve the development at the time of impact, the DCPS will spec-
fy how it proposes to meet the anticipated student enrollment demand. The DCPS. pro-
posals to meet such demand shall. be based on the facilities work program adopted purse-
ant to Chapter 1013.35, F.S.
6.5 In reviewing and approving land use applications and development proposals, ,the Cities
may consider such. issues, as applicable:
6.5.1 Reservations for school sites and. facilities within planned neighborhoods.
6.5.2 Compatibility of and uses adjacent fo existing schools and reserved school
sites.
6.5..3 :The. co-location of parks, recreation, and community facilities in conjunction
with existing. and proposed school sites.
6.5.4 The linkage. of schools, parks, lihraries, and other public facilities with bike-
ways, trails, and sidewalks.
6.5.5 Targeting community- development improvements in .older, and distressed
neighborhoods near schools.
6.5:.6 The. development of traffic circulation plans to serve schools and the sur-
rounding neighborhood, including any needed access "improvements, .side-
walks to schools, off-site signalization, or safety-related signage.
.6.5:7, The location of school bus and mass transit stops and turnarounds in new de-
velopments:
6.5.8 Private sector identification. and/or implementation of creative. solutions to de-
veloping adequate school facilities in residential developments. -
6.5.9 Use. of a school huilding and/or site as a part of the emergency management
plan,. e.g:, as shelter bed space.
6.5.10 Available permanent school capacity or planned improvements to increase
school capacity.
6.5.11: Results of the Population Projection Model developed by 7acksonville and
DCPS staff.
Interlocal Agreement for Joint Facility Planning
Exhibit A -Resolution 03-04 Page 7
AGENDA ITEM 4D
JUNE 9, 2003
6.b :Jacksonville will .invite .the DCPS staff to. participate in -the development of any
I~leighborhood Action Plans, District Vision Plans, or any other broader planning activi-
ties as may occur in the future:. The DCPS staff will be extended the same invitation by
Atlantic Beach, Baldwin, Jacksonville Beach, and Neptune Beach when undertaking such
planning activities within their respective boundaries.
Section 7. Educational Plan-Survey and Five-Year District Facilities dVork Program
7.1 At least one year before the, preparation of the Educational Plant. Survey update, the
Technical Advisory Committee established in :Section 4 of this agreement will make rec-
ommendations to DCPS staff regarding .the location of new schools or improvements to
existing schools.
7.2 The DCPS staff will provide the proposed annual update of the Five-Year Facilities. Work
Program to the Mayors of the Cities, with a copy to each chief planning ofFcial and a
copy to each member of the legislative bodv of each- City (Jacksonville City Council At-
lantic Beach City Commission Baldwin Town Council Jacksonville Beach City Council.
and Neptune. Beach City Council).. The chief planning .officials will respond to the DCPS
regarding any .inconsistencies that are identified with the adopted Comprehensive Plans
of each of the Cities. -
7.3 The DCPS will address capacity issues for each project. in the Five-Year Work Program.
Section 8. Co-Location
8.1 Co-location of facilities is important o the,School Board, the Cities, and the public.: The
DCPS and Cities will continue to explore opportunities for future sharing of school sites;
public parks, and libraries. The DCPS will consider co-location when preparing its Edu-
cational Plant Survey,. and the. Cities will consider co-location when preparing their
Comprehensive Plan's schedule of capital improvements.. For, example, opportunities for
co-location will be considered .for libraries, parks, recreation facilities, community. cen-
tees, .auditoriums, learning centers, museums,- performing arts centers, and stadiums. In
addition, where applicable, co-location:. of school and governmental facilities. for health
care and. social services will be considered.
Section 9. Joinf Use -
9.1 Joint use of facilities is important to the .School .Board,. the- Cities, :and the public: The
DCPS -and. Cities will continue to explore opportunities for joint use of existing and pro-
posed school sites, public parks, and libraries. The ;DCPS will considex joint use. when
preparing its Educational Plant Survey; and the Cities will consider joint use when pre-
paring their Comprehensive-Plan' schedule of capital .improvements. For example, op-
portunities for joint use will be :considered for. libraries, parks,' recreation facilities,. corn-
munity centers, .auditoriums, learning. centers,. museums; performing arts centers, and sta-
diums. In addition, where applicable, joint use of school and governmental facilities for
health care and. social services will be considered.
Interlocal Agreement for Joint Facilaty Planning
Exhibit A - Resolution 03-04 Page 8
.AGENDA ITEM 4D
- JUNE 9, 2.003
9.1.I The DCPS and the Cities will create and complete a matrix that exhibits which...
sites are available for joint. and/or public: use. This .matrix :.will be updated on a
.yearly .basis and made readily available to the. public: The DCPS and -the Cities
will have the final decision as to any joint use of their respective facilities.
9.1.E Each: joint use site will: -have a Memorandum of Understanding. The Memoran-
dum ®f Understanding will include specific details of the agreement.. These details
' may include such topics as:
9.1.2.1 Legal- liabilities of the parties;
9.1.2.2 Use by neighborhood associations, public entities, and athletic grotaps;
.9.1.2.3 :User fee.charges, operating, and maintenance costs;
9.1.2.4 Hours available for use;
9.1.2.5.: Staffing requirements, including, facility. supervision and timely clean
up and maintenance plans;
9.1.2.6 Requirements for liability insurance to be provided, if appropriate;
9.1.2.7 Responsibilities for ensuring the facilities or property. are properly
ready for. the site owner's primary use following use by others, includ-
ing dispute resolution procedures;
' 9.1.2.8 ` Dispute resolution,.appeals,-.cancellation or dissolution agreements, in-
eluding issues related to past financial expenditures; and
9. ] .2.9 Any other- issues that may :arise. from joint use.
9'.1:.3 It is the responsibility of the second party user to atisfy the property or facility
.owner, via the Memorandum of .Understanding, that the primary functions `in-
wended for the property or facility are not adversely affected by the second party's
use. Such primary use purposes will be satisfactorily sustained as a condition of
continuing .operations under the terms of the Memorandum of Understanding..
9.2 The emergency management officials of the Cities shall wark with the. DCPS facilities
staff to identify schools, both existing and proposed, which can serve as emergency sheI-
ter sites: -
9.3 Jacksonville will work with the DCPS to ensure that the shelter bed fee described in. Poli-
cies 7.2.5, 7.2.6, and 7.2.7 of the Conservation Element of Jacksonville's Comprehensive
Plan are enforced.. .
Interlocal Agreement for faint Facility Planning'
Exhibit A -Resolution 03-04 Page 9
AGENDA ITEM 4D .
JITNE 9, 2003
Secti®n 10. Resolution of Disputes
.1:0.1 If the. parties to Phis agreement fail to resolve any conflicts related to issues covered in
this agreement, such dispute will be resolved in accordance with the governmental con-
flict resolution .procedures- outlined in Chapters 1 b4 and.186, .Florida Statutes. ;
Sectionll. Public.Input and Oversight
11.1 Each of the Cities .and the School Board shall hold at least one public hearing before the
adoption of this agreement and before approving any .amendments to this agreement: The
.public hearing(s) shall be held, after notice is provided' pursuant to state law, following
..the normal rules-.and procedures of each. of the Cities. The public may provide both writ-
-. ~ ten and oral comments on the agreementatthe scheduled publichearing(s).
l 1.2 A .copy of this Interlocal Agreement will be posted on the City of Jacksonville website
.and, if applicable, the websites of the other Cities. A copy of the Interlocal Agreement.:
.will be placed in each ®f the branch libraries ofthe Jacksonville Library system.
11.3 An .annual report will be prepared by the Joint Planning Committee. This annual report
shall be made available for public review and comment. A-copy ®f the: report will be sent
to the, Ililayors of the Cities, the School Board and each member of the legislative bodies
of the Cities. A copy of the Annual Report will be posted on the City..pf 7acksonville
website; and, if applicable,. the websites of the other Cities. A copy of the annual report
will be placed in each of the branch libraries of the Jacksonville Library system.
Interlocal Agreement for Joint Facility Planning
Exhibit A -Resolution 03-04 Page 10