935-Seminole Cnty Sch Bd-2001 HAY 2q I1:
SEMINOLE COUNTY SCHOOL BOARD INTERLOCAL AGREEMENT OF 2001
THIS SCHOOL BOARD INTERLOCAL AGREEMENT OF 2001, herein referred
to as the "Agreement", is made and entered into this day of ~/~3 200,~,t/ by
and among THE SCHOOL BOARD OF SEMINOLE COUNTY, Florida, a political
subdivision of the State of Florida and a body corporate pursuant to Section
230.21, Florida Statutes, whose address is 400 East Lake Mary Boulevard,
Sanford, Florida 32773-7127; SEMINOLE COUNTY, a political subdivision of the
State of Florida, whose address is Seminole Coun~ Se~ices Building, 1101 East
First Street, Sanford, Florida 32771; the CI~ OF ALTAMONTE SPRINGS, a
Florida municipal corporation, whose address is 225 Newbu~po~ Avenue,
Altamonte Springs, Florida 32701; the Clff OF CASSELBERRY, a Florida
municipal corporation, whose address is 95 Triplet Lake Drive, Casselber~,
Florida 32707; the C!~ OF ~KE MARY, a Florida municipal corporation, whose
address is 100 Noah Count~ Club Road, Lake Ma~, Florida 32746; the CI~
QF LONGWOOD, a Florida municipal corporation, whose address is 175 West
Warren Avenue, Longwood, Florida, 32750; the CI~ OF OVIEDO, a Florida
municipal corporation, whose address is 400 Alexandria Boulevard, Oviedo,
Florida 32765; the CI~ OF SANFORD, a Florida municipal corporation, whose
address is 300 Noah Park Avenue, Sanford, Florida 32771; and the CI~ OF
WINTER SPRINGS, a Florida municipal corporation, whose address is 1126
East State Road 434, Winter Springs, Florida 32708.
CERTIFIED COPY
MARYANNE MORSE
CLERK OF CIRCUIT COURT
1 SEh'I~NOLE COUNTY, FLORIDA
DEPUTY CLERK
WITNESSETH:
WHEREAS, the school board, county and municipal corporations listed
above shall be collectively hereinafter referred to as the "SCHOOL BOARD",
"COUNTY" and CITIES respectively; and
WHEREAS, the SCHOOL BOARD, COUNTY and CITIES (the "parties")
desire to mutually cooperate with each other as most recently and clearly
demonstrated by the parties participation in the "Intergovernmental Planning
Coordination Agreement of 1997", which agreement provides for mutual
notification between and among the parties regarding voluntary annexations,
contractions, density changes, rezonings, special exceptions/conditional uses,
variances, comprehensive plan amendments, public service facility expansions
and contractions, school site land acquisition and proposed school construction
and/or expansion, and all other land use actions which may affect or impact the
parties to the Agreement; and
WHEREAS, Part II, Chapter 163, Florida Statutes, requires that the
COUNTY and the CITIES adopt comprehensive plans which include
intergovernmental coordination elements for the purpose of, among other
reasons, determining coordination processes and procedures with adjacent local
governments; and
WHEREAS, Part II, Chapter 163, Florida Statues, requires the
coordination of local comprehensive plans with the comprehensive plans of
adjacent local governments and the plans of school districts and other units of
local government providing public services, but not having regulatory authority
over the use of land; and
WHEREAS, Part I i, Chapter 163, Florida Statutes, and the Seminole
County Comprehensive Plan require that the COUNTY enter into an interlocal, or
other formal agreement, with each of the municipalities within the COUNTY and
the SCHOOL BOARD to establish joint processes for collaborative planning; and
WHEREAS, this Agreement clearly articulates generally accepted
principles and guidelines for coordination of the COUNTY'S Comprehensive Plan
with the plans of the SCHOOL BOARD and other units of local government
providing services but not having regulatory authority over the use of land, with
adjacent CITIES, adjacent counties, the East Central Florida Regional Planning
Council, and with the State Comprehensive Plan, as the case may require and as
such adopted plans or plans in preparation may exist; and
WHEREAS, the Intergovernmental Coordination Element of the Seminole
County Comprehensive Plan provides for joint processes for collaborative
planning and an interlocal agreement with the SCHOOL BOARD to coordinate
comprehensive plan programs and to ensure consistency between these
programs and school siting issues of multi-jurisdictional concern; and
WHEREAS, the parties to this Agreement agree that public schools are
cornerstones of effective neighborhood design and a focal point for development
plans and improvements to a community; and
WHEREAS, it is beneficial to the public for the parties to this Agreement to
work together in a spirit of harmony and cooperation as evidenced from the past;
and
WHEREAS, Chapter 235.193, Florida Statutes, requires the coordination
of planning between school boards and local governments to ensure that the
construction and opening of public educational facilities are facilitated and
coordinated in time and place with plans for residential development; and
WHEREAS, this Agreement is authorized pursuant to the provisions of
Chapters 125, 163, 166, 230 and 235, Florida Statutes; the Seminole County
Home Rule Charter; the Charters of the CITIES; and other applicable law.
NOW, THEREFORE, in consideration of the mutual understandings and
covenants set forth herein and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties agree as follows:
SECTION 1: RECITALS.
The above recitals are true and correct and form a material part of this
Agreement upon which the parties have relied.
SECTION 2: PURPOSE OF AGREEMENT.
This Agreement is intended to establish a formal coordination framework for joint
processes for collaborative planning and decision making among the parties to
this Agreement that will, at a minimum, address: (1) the location of new public
schools; (2) review process for new public schools and expansion of existing
public schools and facilities; (3) co-location of public facilities, such as parks,
libraries, and community centers with schools to the greatest extent possible; (4)
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data coordination for population projections and public school siting; (5) the
location and extension of public facilities subject to concurrency; (6) siting of
facilities with countywide significance, such as parks and recreational facilities,
major roads, and water and sewer facilities, including locally unwanted land uses
whose nature and identity are established in this Agreement; and (7) a system of
conflict resolution over siting issues.
SECTION 3: COLLABORATIVE PLANNING.
(1) Location of New Elementary, Middle and High Schools. The COUNTY and
the CITIES' Comprehensive Plans shall clearly identify within the text of the
comprehensive plan the future land use designations where public schools
are an allowable use.
(:2) Review Process for Public Elementan/, Middle and Hi.qh Schools. The
SCHOOL BOARD shall provide local governments within the jurisdictional
limits of Seminole County adequate review time as defined in Section
3(2)(a) for analysis and evaluation of new schools and/or improvements to
existing schools. In an effort to ensure that public school projects have a
high priority in Seminole County, the following provisions shall be applied to
the review process for public school development and/or improvements:
a) The COUNTY and CITIES shall make every effort to expedite the staff
review and processing of public school applications for the purchase of
new sites, construction of new schools, and improvements to an existing
site. The COUNTY AND CITIES agree to provide a written response
within 90 days to such public school construction and improvements
applications determining whether a proposed public educational facility is
consistent with the local comprehensive plan and local land development
regulations, as required by Chapter 235.193, Florida Statutes, upon
receipt of a written request by the SCHOOL BOARD; provided that to
make such a determination all information provided in the application is in
accordance with the local jurisdictions land development code
requirements, including a site plan showing all proposed facilities. The
review of new site purchases shall not require a site plan and the written
response shall be provided within 60 days.
b) The COUNTY and the CITIES shall exempt the SCHOOL BOARD from
the payment of planning and development application fees, including but
not limited to, plan amendment fees, zoning and/or site plan fees, special
exception fees, right-of-way utilization fees, permit fees, subdivision fees,
and vacate fees, as may be required by jurisdictions in the development
review process. The School Board shall be responsible for the payment of
fees associated with advertising for public hearings.
c) In the case of a proposed public school site being reviewed for approval
as a special exception/conditional use, the appropriate COUNTY or CITY
staff shall make every effort to resolve issues with the School Board prior
to the required public hearing in an effort to expedite the review process.
d) The COUNTY and CITIES shall accept a St Johns River Water
Management District permit for a public school facility to find that drainage
on site is sufficient; if off-site impacts are present, the appropriate
COUNTY or CITY staff shall review and place conditions on the
application, if necessary, as provided for in the jurisdiction's land
development regulations.
e) In the event that a City or the County maintains the hydraulic and
hydrological functions of stormwater facilities on School Board properties,
the School Board shall construct said facilities in such a way that the
facility can be maintained by the City or the County.
f) The SCHOOL BOARD shall provide the CITIES and COUNTY Fire
Departments, or their designees, a complete set of the architectural plans
and specifications or certification of review and approval of same from a
certified fire safety inspector no later than thirty (30) days prior to
beginning construction or remodeling on any new or existing public school
facility. This submittal shall be at no cost to the SCHOOL BOARD. The
purpose of the submittal shall be to facilitate cooperation and a dialog
between the SCHOOL BOARD and the CITIES and COUNTY to ensure
the project is in compliance with applicable fire safety regulations in
accordance with Florida Statutes, Chapters 235.192(1), 235.06(2)(b),
553.80(6), and 235.26(2) as effective July 1, 2001.
g) The SCHOOL BOARD shall encourage local fire officials, or their
designees, to participate in and assist the SCHOOL BOARD with plans
review and inspection activities of new construction and additions to
existing public school facilities. This assistance shall be provided at no
cost to the SCHOOL BOARD. The purpose of this assistance and
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participation shall be to facilitate cooperation and a dialog between the
SCHOOL BOARD and the CITIES and COUNTY to ensure the new
construction, additions, and renovations are in compliance with applicable
fire safety regulations in accordance with Florida Statutes, Chapters
235.192(1), 235.06(2)(b), 553.80(6), and 235.26(2) as effective July 1,
2001.
h) In accordance with Chapter 235.192, Florida Statutes, the SCHOOL
BOARD shall provide each law enforcement agency and each fire
department a copy of the summary floor plans and relevant documents for
each educational facility by October 1 of each year if the floor plans for a
school have changed during the previous one year period. The same
information shall be submitted for newly constructed facilities within 30
days of completion. The relevant documents shall include, but not be
limited to; plans showing the modifications made during the previous one
year period, emergency contact numbers, internal emergency procedures,
all access points, known hazards and other information needed to perform
a pre-incident emergency planning procedure as determined by the law
enforcement agency and fire department having jurisdiction over the
educational facility, and the SCHOOL BOARD.
i) A copy of item "h" shall be provided in a secured location on all school
campuses, such as the school office, that is known to the administration
and can be given to First Responders.
(3) Co-location of Public Facilities. Recognizing that public schools are an
essential component in creating a sense of community, the School Board,
the COUNTY, and the CITIES shall make every effort to co-locate schools
and public facilities, such as parks, trails, libraries, and community centers.
The COUNTY, the CITIES, and SCHOOL BOARD officials shall periodically
evaluate the need to establish new or renew such existing cooperative
agreements as may be beneficial to the public at large to jointly purchase,
develop, maintain, or operate specific properties or facilities such as
recreation facilities, libraries, community centers, playgrounds, and
emergency shelters. All parties to this agreement are encouraged to
expand the joint use of new and/or existing facilities where applicable.
(4) Data Coordination and Population Proiections. All parties to this agreement
shall continue to share data including population and school enrollment
projections, planned public school site locations, facility timing, and other
issues related to the capital planning of schools and support infrastructure,
the location and extension of public facilities subject to concurrency, and
other facility siting issues including locally unwanted land uses, which
include, but are not limited to, such uses as heavy use industrial parks,
landfills, hazardous waste facilities and adult entertainment establishments,
alcoholic beverage establishments and sexually oriented businesses. The
SCHOOL BOARD is encouraged to participate on the Metropolitan Planning
Organization (MPO) Land Use Subcommittee and to coordinate and utilize
data developed by the MPO Land Use Subcommittee and the COUNTY and
CITIES comprehensive plans to the greatest extent possible. All parties
shall also continue to clearly articulate generally accepted principles and
guidelines for coordination of their respective comprehensive plans with the
plans of the SCHOOL BOARD and other units of local government providing
services but not having regulatory authority over the use of land, with
adjacent municipalities, adjacent counties, the East Central Florida Regional
Planning Council, and with the State Comprehensive Plan, as the case may
require and as such adopted plans in preparation may exist.
(5) Location and Extension of Public Facilities Subject to Concurrencv. To
ensure the efficient use and reduced public costs of infrastructure and to
eliminate duplication of service provision, all parties to this agreement will
coordinate by means of data sharing, notification of affected jurisdictions,
and opportunity for review and comment with the impacted jurisdictions the
planning, location and extension of public facilities subject to concurrency,
including, but not limited to, major roads, water and sewer facilities, fire
stations, parks and libraries or other facilities and services subject to
concurrency as applicable to each jurisdiction.
(6) Siting of Facilities with CountVwide Significance. All parties to this
agreement shall notify each affected or impacted party, as determined by
sound planning principles, where the potential exists that a party may be
affected or impacted by such facilities as set forth in this section. Such
facilities may include, but not be limited to, facilities with countywide
significance, such as schools, major roads, large commercial multi-use
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developments, hospitals, major parks and recreational facilities, utilities and
locally unwanted land uses. If determined by the jurisdiction where the
facility is proposed to be located that the proposed facility will affect or
impact an adjacent jurisdiction(s), all parties affected or impacted by the
proposed facility shall coordinate its plans and programs to identify
appropriate locations for the proposed facility and address impacts on
services and facilities.
(7) Conflict Resolution. Unless otherwise provided in a joint planning
agreement, the parties shall engage in intergovernmental negotiation and
communication, at management levels (i.e., between the County Manager,
City Managers, School Superintendent), if any land use matter causes an
intergovernmental dispute to arise. Subsequent to such management
interaction, a party may invoke the provisions of the agreement entitled
"Intergovernmental Agreement on Mediation and Intergovernmental
Coordination", dated January 24, 1995, unless mediation is otherwise
addressed in a joint planning agreement.
SECTION 4, TERM/TERMINATION.
(a) The term of this Agreement shall be for a period of two (2) years, but shall
be automatically renewed for successive one (1) year terms as to all participating
parties unless a party notifies all other parties that it is opting out of this
Agreement in accordance with Subsection (b), in which case the Agreement shall
continue in effect as to the remaining participating parties.
(b) If any party wishes to terminate this Agreement as it applies to said party,
notice of such termination shall be given to all other parties no less than thirty
(30) days prior to the expiration date of a term. Termination as to that party shall
be effective at the end of the then current term.
SECTION 5. COUNTERPARTS.
This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original.
SECTION 6. EFFECTIVE DATE: PARTICIPATION.
IN WITNESS WHEREOF, the parties to this Agreement have caused their
names to be affixed hereto by the proper officers therein. This agreement shall
become effective on the date that it is signed by the last of the COUNTY or the
SCHOOL BOARD as shown by the dates of execution. This agreement shall
become effective as to each CITY electing to participate upon the later of the
date it is executed by the CITY or the effective date between the SCHOOL
BOARD and the COUNTY.
]2
ATTEST: BOARD OF COUNTY COMMISSIONERS
~ _ ~~M'I~~UNTY, FLORIDA
r'~a Mo'~'Z'rs~~rcu~~ Da f'yl G. i'4cLa i n, Chairman
Clerk to the Board of County Date:
Commissioners of Seminole County,
Flodda.
As authorized for execution by the Board
of County Commissioners in their
~-2 5' ,2001, regular meeting.
For the use and reliance of Seminole
County only. Approved as to form and
legal sufficiency.
d0unty Attorney
Date:
ATTEST: CITY OF CASSELBERRY
~ pa Mol osh CiW A~orney
By:. ~ '
Patsy Wainwright, Ci~ Clerk L/Russel Hauck, Mayor
_ :-- ' Date: __
'~, EST: CITY OF LONGWOOD
~ By:
G City Clerk Paul Lovest Mayor
Date:
Richard S. Taylor, ;ity Attorney
ATTEST: OF LAKE MARY
By:
Carol A. Foster, City Clerk Thomas C. Greene, Mayo
ate:
Donna Mclntosh, City
ATTEST: CITY ~
By:
'Barbara City Clerk Mary Lou Mayor
Date:
III1~ I I ..... ,
A~EBT: CI. FO
Date: ~ ~/3/0 ~
William L. Colbe~, CiW A~orney
~.~EST: CI~ OF WINTER SPP~N~%
~ Paul Pa~ka, Mayor
PI/"%I ILl I~/I ly ,~3c~1 ~c~l l~Z,~r.,,~ '~,,/ILy ~LL~fl I If~,y
14
ATTEST: SCHOOL BOARD OF SEMINOLE
COUNTY
Ned Julian, Jr., Esquire By: dra~Rob~~
'nson, Chairman
Director of Legal Services Sa r
Paul J. H e tendent
Date: ~ I~/~ (
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