HomeMy WebLinkAboutIRC Public School AgreementIndian River County
Interlocal Agreement For
Public School Planning
Indian River County
Indian River County School Board
City of Fellsmere
City of Sebastian
City of Vero Beach
May 2003
Table of Contents for the
Interlocal Agreement
Introduction ............................................................................................................................ Page 1
Section 1 - Committees .......................................................................................................... Page 2
Section 2 - Joint Meetings .................................................................................................... Page 2
Section 3 - Student EnrolLment Projections ........................................................................... Page 3
Section 4 - Coordinating and Sharing o£ Information ............................................................ Page 3
Section 5 - School Site Selection ........................................................................................... Page 4
Section 6 - School Facility Modification ............................................................................... Page 6
Section 7 - Comprehensive Plan Amendments, Re-zonings,
and Development Approvals ............................................................................... Page 7
Section 8 - Educational Facilities Report and
Five-Year District Facilities Work Program ........................................................ Page 8
Section 9 - Co-location and Shared Use ................................................................................. Page 8
Section 10 - Resolution of Disputes ....................................................................................... Page 9
Section 11 - Oversight Process .............................................................................................. Page 9
Section 12 - Amendment Process and Term of the Agreement ............................................ Page 9
Section 13 - Execution in Counterparts ................................................................................. Page 9
Section 14 - Effective Date .................................................................................................... Page 9
Signature Pages .............................................................................................................. Pages 10-11
Appendix "A" - School Coordination Groups/Activities .................................................... Page 12
Appendix "B" - School Coordination Due Dates ................................................................ Page 13
Appendix "C" - School Site Selection Flow Chart ............................................................. Page 14
Appendix "D" - Indian River County LDR Section 971.14(4) ............................................ Page 15
2
INDIAN RIVER COUNTY
INTERLOCAL AGREEMENT FOR
PUBLIC SCHOOL PLANNING
This Agreement is entered into between the Indian River County Board of County Commissioners
(hereinai~er referred to as "County"), the City Council of the Cities of Fellsmere, Sebastian and Veto Beach
(hereinafter referred to as "Cities"), and the School Board of Indian River County, Florida (hereinafter referred to
as "School Board"). Not participating in this agrecmant arc the Town of Indian River Shores and the Town of
Orchid. These jurisdictions are not participating in this Agreement because they qualify for exclusion pursuant to
thc provisions of Chapter 163, Florida Statutes.
WHEREAS, the County, Cities, and School Board recognize their mutual obligation and responsibility for
the education, nurture and general well-being of the children of Indian River County; and
WHEREAS, the County, Cities, and School Board recognize the benefits that will flow to the citizens and
students of their communities by more closely coordinating their comprehensive land 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 school board and local govermnents by the reduction of student travel times and the
placement of schools to take advantage of existing and planned roads, water lines, sewer lines, and parks, (3)
improved student access and safety by coordinating the construction of new and expanded schools with the road and
sidewalk construction programs of the local governments, (4) the location and design of schools so that they serve as
community focal points, (5) the location and design of schools with parks, ball fields, libraries, and other community
facilities to take advantage of joint use opportunities, and (6) the location of new schools and expansion and
rehabilitation of existing schools so as to reduce pressures contributing to urban sprawl and support existing
neighborhoods; and
WHEREAS, Section 1013.193, Florida Statutes, requires that the location of public educational facilities
must be consistent with the comprehensive plan and implementing land development regulations of the appropriate
local governing body; and
WHEREAS, Sections 163.3177(6)(h)1 and 2, Florida Statutes, require each local government to adopt an
intergovernmental coordination element as part of its comprehensive plan that states principles and guidelines to be
used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the school board,
and describes the processes for collaborative planning and decision making on population projections and public
school siting; and
WHEREAS, Section 163.3177(6)(h)2, Florida Statutes, further requires each county, all the municipalities
within that county, and the district school board to establish, by interlocal or other formal Agreement executed by all
affected entities, the joint processes described above consistent with their adopted intergovernmental coordination
elements; and
WHEREAS, the County and School Board have had a "Memorandum of Understanding" for joint review
of new school sites and joint review of school site plans since 1986 and that agreement is being superceded by this
interlocal agreement; and
WHEREAS, the County, Cities, and School Board enter into this Agreement in fulfillment of that statutory
requirement and in recognition of the benefits accruing to their citizens and students described above; and
WHEREAS, the County, Cities, and School Board have mutually agreed that coordination of school
facility planning and comprehensive land use planning is in the best interests of the citizens of Indian River County;
and
WHEREAS, the County has jurisdiction for land use and growth management decisions within its
unincorporated boundaries and the Cities have similar jurisdiction within their boundaries, and
WHEREAS, the School Board has the responsibility to provide school facilities to ensure a flee and
adequate public education to the residents of Indian River County, and
WHEREAS, the County, Cities, and School Board agree that they can better fulfill their respective
responsibilities by working in close cooperation to ensure that adequate public school facilities are available for the
residents of Indian River County, 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 1013.193 (7), F. S.
NOW THEREFORE, be it mutually agreed between the Indian River County School Board, the Board of
County Commissioners of Indian River County and the City Councils of the Cities of Fellsmere, Sebastian, and
Veto Beach that the following procedures and requirements will be followed and met in coordinating land use and
public school facilities planning:
Section 1. Committees
The following committees are hereby established.
1.1
A staff working group Committee consisting of the Indian River County Community Development
Director, the Indian River County Planning Director, the Planning or Community Development Director or
City Manager of the cities of Sebastian and Veto Beach, a staff designee appointed by the Mayor of the
City of Fellsmere, the Indian River County School Board's Assistant Superintendent of Operations, and the
Indian River County School Board's Executive Director of Facilities.
1.2
An Elected Officials Oversight Committee (EOOC) consisting of the County Commission Chairman, the
mayors of Vero Beach, Sebastian, and Fellsmere, the Regional Planning Council Chairman, the School
Board Chairman, or designated representatives.
1.3
A School Planning Technical Advisory Committee (SPTAC) consisting of representatives from the
following agencies:
a. Planning Director from the Indian River County Planning Division and, if applicable, any affected
cities' City Planning or Community Development Director, City Manager or designated staff
person;
b. County Engineer from the Indian River County Engineering Division and, if applicable, any
affected cities' City Engineer;
c. County Traffic Engineer from the Indian River County Traffic Engineering Division and, if
applicable, any affected cities' Traffic Engineer or Public Works director;
d. MPO Director from the Indian River County Metropolitan Planning Organization (iMPO);
e. Assistant Superintendent of Operations from the Indian River County School Board;
f. Executive Director of Facilities from the Indian River County School Board;
g. Director from affected water and sewer utility providers.
h. Director of the Indian River County Parks and Recreation Department and, if applicable, any
affected cities' Park and Recreation Director, and
i. County Sheriff and, if applicable, any affected cities' police chiefi
1.4
A citizen oversight committee consisting of five citizens appointed by the school board, the county, and
cities of Fellsmere, Sebastian, and Vero Beach. Each jurisdiction or entity shall appoint one member.
Section 2. Joint Meetings
2.1
The Staff working group shall, at a minimum, meet semi-annually (2"d Friday in February and August of
each year at the County Administration Building) to set direction, formulate recommendations, and
discuss issues regarding coordination of land use and school facility planning, including such issues as
population and student projections, development trends, school needs, co-location and joint use
opportunities, and on-site or off-site infrastructure improvements (e.g. roads, sidewalks and bikeways)
needed to support schools and ensure safe student access. The County Planning Director will be
responsible for making meeting arrangements and providing notification.
4
2.2
The Elected Officials Oversight Committee shall, at a minimum, meet every year (2"a Friday in April of
each year, at the County Administration Building) in joint workshop sessions. The joint workshop
sessions will be opportunities for representatives of the County Commission, the City Councils, and the
School Board to set direction, discuss issues, and reach understandings concerning issues of mutual
concern regarding coordination of land use and school facilities planning, including population and student
growth, development trends, school needs, off-site improvements, and joint use opportunities. The County
Planning Director will be responsible for making meeting arrangements and providing notification.
2.3
The meetings discussed in 2.1 and 2.2 of this Agreement shall ensure that this Interlocal Agreement is
implemented in a timely and efficient manner. In addition, the meetings subject to 2.2 shall be noticed to
the public, and public comment shall be received.
Section 3. Student Enrollment Projections
3.1
The School Board shall utilize the Department of Education (DOE) countywide student enrollment
projections. The School Board may request that the DOE projections be adjusted to reflect actual
enrollment and development trends not anticipated by the DOE projections. In formulating such a request,
the school board will coordinate with the municipalities and county regarding future population projections
and growth.
3.2
The staff working group committee at its first meeting each year will review, adjust if needed, and approve
school board's staff allocation of projected student enrollment into sub-county planning sectors. The
planning sectors will be established by the staffworking group.
3.3
The school enrollment projections and their allocation to sub-county planning sectors will be included in
the educational facilities report provided to the county and cities each year as specified in subsection 4.2 of
this Agreement.
Section 4. Coordinating and Sharing of Information
4.1 The School Board shall coordinate and share information with the County and Cities as follows.
4.2
Educational Facilities Report: By November 1 of each year, the School Board shall submit to the County
and each City its educational facilities report (five-year work program). The report will contain
information in tabular, graphic, and textual formats detailing existing and projected five year school
enrollment, existing educational facilities and their capacity to be expanded, their locations, the number of
portables in use at each school, and projected needs. The report will also contain the board's capital
improvement plan, including planned facilities with funding over the next 3 years, and the educational
facilities representing the district's unmet need. The report will provide data for each individual school
concerning permanent school capacity based on Department of Education criteria and enrollment at each
individual school based on actual counts. The report will show the generalized locations where new
schools will be needed. The report will indicate properties the School Board has already acquired through
developer donation, or properties on which there is a developer obligation to provide property to the school
board at the school board's discretion, or properties acquired through other means that are potential school
sites.
4.3
When considering a significant renovation or a closure of a school facility, the school board shall notify the
appropriate city in which the school is located or the County Planning Division prior to any significant
renovation or closure activities. Significant renovations encompass projects that increase or decrease a
school's capacity by 10% or more, or increase a school's total building square footage by 10% or more.
4.4 The County and Cities shall coordinate and share information with the school board as follows:
Project Review and Comments: Within 5 days of the submittal of any new housing development
project application (excluding 55 years and older projects), the County or City in which the
project is located shall notify the School Board's Executive Director of Facilities that an
application has been submitted and shall inform him of the location where the site plan can be
reviewed. To ensure that the School Board is provided timely notice of all development projects
proposed in the unincorporated county, the county will continue to send agendas for pre-
application conference meetings, technical review committee (TRC) meetings, Planning and
Zoning Commission (Local Planning Agency) meetings, and Board of County Commissioners
meetings to school board representatives. Additional supporting documents shall be provided by
county planning staff to the school board upon request.
Growth and Development: By June 1 of each year, Indian River County and the Cities of
Fellsmere, Sebastian, and Veto Beach will provide the school board with information, accurate as
of March 31, regarding the number of residential demolitions and the type, number, and location
of residential units which have received zoning approval, site plan approval, building permit
approval, or certificates of occupancy, plus any age restriction information. Information regarding
the conversion or redevelopment of structures into residential units likely to generate new students
will also be provided. Indian River County and the cities will also identify any development
orders issued which contain a requirement for the provision of a school site as a condition of
development approval. The actual students generated fi.om new msidantial units will be used in
the data and analysis for the annual update of the school board's Five-year Capital Facilities Plan.
In using the information provided by Indian River County and the cities, the School Board and
local governments will take into consideration the actual level of commitment the different types
of approvals represent.
When considering the development of, or redevelopment of, an area (eg. neighborhood planning,
enterprise zones, community redevelopment areas (CRA)), the county and cities will notify the
school board. These entities will provide the school board with a copy of draft plans and any
plans completed prior to this Agreement that are currently in the approval, funding, and/or
implementation stage. This shall include maps of Historic Districts, CRA's, and other special
districts not readily identified on land use maps.
Population Projections: On an annual basis at the first staff working group meeting described in
subsection 2.1 of this Agreement, committee members shall review and comment on the County's
most recant population projections, their allocation into planning sectors, and conversion into
projected student enrollment. All parties at the staff meeting will review the revised projections
and variables utilized in making the projections.
4.5
All parties to this Agreement agree that any School Facilities Element that in the future is adopted as part of
the Comprehensive Plan of any jurisdiction in the county will be the same or consistent with this
Agreement as adopted by the County, the cities, and School Board.
Section 5. School Site Selection
5.1
When the need for a new school is identified in the district facilities work program, the School Board shall
notify the County Administrator, the County Planning Director, a potentially affected city's city manager or
city mayor, and the staff working group in writing that it is looking for a school site in a particular location.
The School Board staff will provide a list of all potential sites to the School Planning Technical Advisory
Committee.
The School Planning Technical Advisory Committee will meet to evaluate the need for the new school site
and shall determine whether co-location opportunities are present. The School Planning Technical
Advisory Committee will also perform an initial evaluation of all potential sites identified by the School
Board.
5.2
The School Planning Technical Advisory Committee (SPTAC) shall meet and evaluate each of the
proposed school sites. The SPTAC shall prepare an initial evaluation report for each potential school site,
5.3
5.4
5.5
addressing each site's locational criteria and impacts, as listed in 5.7 below, and shall submit initial
evaluation reports to the School Board within 30 days of the receipt of the request fi.om the School Board.
Through the SPTAC, Indian River County and appropriate cities shall advise the district School Board as to
the consistency of uny proposed new site with the applicable local comprehensive plan, including the
appropriate process under which a district school board may request an amendment to the school siting
policies of the applicable local comprehensive plun.
Following the receipt of initial evaluation reports from the School Planning Technical Advisory
Committee, the School Board shall, within 60 days, narrow the sites down to three, and send the list of
three sites to the SPTAC for a detailed impact evaluation.
The School Planning Technical Advisory Committee, shall complete an Impact Assessment Statement
(1AS) and prepare a detailed Economic Analysis (EA) for each of the short-listed school sites. The lAS
shall incorporate the required Florida Statute 1013.193 review regarding consistency of proposed school
sites with the applicable local government comprehensive plun. The Economic Analysis shall, at a
minimum, identify required on-site and off-site improvements, the costs associated with these
improvements, and the entity responsible for the cost.
5.6
5.7
The School Planning Technical Advisory Committee (SPTAC) shall rank short listed sites and provide the
IAS und EA reports and the ranking list to the school board. Using that information, the School Board shall
make a final decision on site selection and may authorize acquisition of the selected site. The School Board
shall notify the County und each affected City in writing when a site has been purchased.
The following criteria will be considered by the School Planning Technical Advisory Committee, the
school board, and the local government(s) when evaluating a potential school site:
f.
g.
h.
i.
j.
Potential to accommodate the projected additional student population by expanding or rebuilding
existing schools instead of building a new school.
Consistency of the proposed site with any Court-ordered school desegregation mandate.
Extent to which the proposed site provides a logical focal point for community activities and
serves as the cornerstone for innovative urban design standards, including opportunities for shared
use and co-location of community facilities.
Extent m which an elementary or middle schools can be located internal to residential
neighborhoods and discouraged from locating adjacent m major arterial roadways.
Extent to which an elementary school cun be located within reasonable walking distance of
dwelling units served by the schools.
Extent to which a high schools can be located on the periphery of residential neighborhoods, near
thoroughfares so as to discourage traffic along residential streets in residential subdivisions.
Extent to which the proposed school site is compatible with present and projected uses of adjacent
property and capable of accommodating buffers necessary to shield adjacent residences from
school driveways, school drop-off and pick up areas, und school playgrounds.
Extent to which the proposed school site encourages community redevelopment and revitalization,
provides efficient use of existing infi'astrncture, and discourages urban sprawl.
Extent to which the proposed site's acquisition and development cost is affected by the proposed
location.
Extent to which the proposed school site provides safe access to residential neighborhoods by
pedestrians and vehicles.
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Extent to which the proposed school is served by adequate public facilities and services to support
the school, or the extent to which adequate public facilities and services will be available,
concurrent with the impacts of the school.
Extent to which the proposed school site contains no significant environmental constraints that
would preclude development of a public school on the site.
Extent to which the proposed school will have no adverse impact on archaeological or historic
sites listed in the National Register of Historic Places or designated by the affected local
government as locally significant historic or archaeological resources.
Extent to which the proposed school will be located on well drained soils which are suitable for
development or are adaptable for development and outdoor educational purposes with drainage
improvements.
Extent to which the proposed school site is not in conflict with local government stormwater
management plans or watershed management plans.
Extent to which the proposed school site is not within a floodway as delineated in the affected
comprehensive plan.
Extent to which the proposed school site is large enough to accommodate the required parking,
circulation, and queuing of vehicles onsite.
Extent to which the proposed school site lies outside the area regulated by Section 333.03, F.S.,
regarding the construction of public educational facilities in the vicinity of an airport.
Extent to which the proposed school can serve as an emergency shelter by being built according to
the appropriate standards and requirements that make it an appropriate emergency shelter.
Extent to which the proposed school, if it is to be located in the unincorporated county, can meet
the requirements of the county's Land Development Regulations Section 971.14(4) (Appendix
5.8
In conjunction with the school board approval for a new school site the school board and affected local
governments will jointly determine the need for and timing of on-site and off-site improvements necessary
to support each new school, and will enter into a written Agreement as to the timing, location, and the party
or parties responsible for constructing, operating, and maintaining the required improvements.
Section 6. School Facility Modification
6.1
The School Board shall notify the SPTAC, Indian River County, and appropriate cities of any proposed
closure or renovation of existing schools.
6.2
The SPTAC shall review any proposed school closure or renovation involving building expansion or
changes to major site improvements for consistency with the local comprehensive plan.
6.3
In conjunction with the expansion or renovation of an existing school, the School Board and affected local
government will enter into a written Agreement as to timing, location, and parties responsible for
constructing, operating, and maintaining required on-site and off-site improvements necessary to support
each school.
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Section
7.1
7.2
7.3
7.4
7.5
7,6
7. Comprehensive Plan Amendments, Re-zonings, and Development Approvals
The County and each of the Cities will appoint a School Board representative, designated and approved by
the School Board, to serve as a nonvoting member on their local planning agency. The School Board
representative will be provided with an agenda, and invited to attend meetings and/or provide comments to
the County and City planning agencies.
As described in Section 4.4 of this Agreement~ the County and the Cities, agree to give the School Board
notification of hearings for residential Comprehensive Plan amendments, residential rezoning requests, and
residential development proposals (excluding 55 years and older projects) pending before them that may
affect student enrollment, enrollment projections, or school facilities. Such notice will be provided
pursuant to local notice procedures. This notice requirement applies to amendments to comprehensive
plans, re-zonings, developments of regional impact, and other major residential or mixed-use development
projects.
The School Board shall appoint a representative to serve on, or provide corrunents to, the County's
Technical Review Committee (TRC). The School Board Representative will receive information packets
in the same manner as other Technical Review Committee members. In addition, the School Board
representative will be invited to participate in the Cities' development review committees when
development and redevelopment proposals are submitted which could have a significant impact on student
enrollment or school facilities.
ARer notification by the local government, the School Board Development Review Committee
representative, typically within ten (10) working days, will advise the local government of the school
enrollment impacts anticipated to resuk fi.om proposed Comprehensive Plan amendments, rezoning
requests, and development proposals. There shall be a determination of whether sufficient permanent
school capacity exists, or is planned, to accommodate the impacts, based on the Five-year District Facilities
Work Program. School capacity will be reported consistent with Department of Education criteria.
If sufficient school capacity is not available or planned to serve a development at the time of impact based
on the Department of Education definition of adequate permanent capacity, the School Board shall specify
how it proposes to meet the anticipated student enrollment demand; alternatively, the School Board, local
government, and developer shall collaborate to find means to ensure sufficient permanent capacity will
exist to accommodate the development. These means may include: developer contributions, project
phasing, and required facility improvements. School Concurrency is not the intent of this policy or this
interlocal Agreement as a whole.
In reviewing and approving Comprehensive Plan amendments and development proposals, the county and
cities will consider the following issues, as applicable:
a. The compatibility of land uses adjacent to existing schools and reserved school sites.
b. The co-location of parks, recreation and community facilities in conjunction with school sites.
The linking of schools, parks, libraries, and other public facilities with bikeways, trails, and
sidewalks.
The targeting of community development improvements in older and distressed neighborhoods
near schools.
The development of traffic circulation plans to serve schools and the surrounding neighborhood,
including any needed access improvements, sidewalks to schools, off-site signalization or safety-
related signage.
f. The location of school bus stops and turnarounds in new developments.
The consideration of private sector action to identify and implement creative solutions to
developing adequate school facilities in residential developments.
9
h. The consideration of School Board comments on comprehensive plan am~ndmants and other land-
use decisions.
7~7
The availability of existing permanent school capacity or planned improvements to increase school
capacity.
In formulating neighborhood plans and programs and reviewing large residential projects, the county and
the cities will consider the following:
Encouraging developers or property owners to provide incentives to the School Board for building
schools in their neighborhoods. These incentives may include, but not be limited to, donation of
site(s), reservation or sale of school sites at pre-developmant prices, construction of new school
facilities or renovation to existing school facilities, and provision of transportatinn alternatives.
Scheduling county and city programs and capital improvements that are consistent with and meet
the capital needs identified in the School Board's school facilities plan.
c. Providing school sites and facilities within planned neighborhoods.
Section 8. Educational Facilities Report and Five -Year District Facilities Work Program
8.1
8.2
At least one year prior to preparation of the Educational Plant Survey update (as defined in Chapter 1013,
Florida Statutes), the staff working group established in subsection 1.1 of this Agreement will assist the
School Board in an advisory capacity in the preparation of the update. The staffworking group at one of its
two annual meetings will evaluate and make mcommandations regarding the location and need for new, or
improvements to existing, educational facilities in terms of consistency with the local government
comprehensive plan, and relevant portions of this Agreement.
As described in Section 4.2 of this Agreement the School Board by November 1st of each year will provide
the proposed annual update of the five-year district facilities work program to each local government for
review and comment. Each local government shall review the report for consistency with its local
comprehensive plan. The School Board will provide adequate notification to local governments after
placing the work program on the agenda. All affected local governments shall provide timely written
comments to the School Board within 60 days following receipt of the proposed work program.
8.3
Capacity Reporting: The School Board's five-year work program will identify how each project meets
capacity issues. This work program will provide for expansions and new school facilities based upon
projected population and student growth within areas of the county. When funding for capital expansion is
not available, the school board will identify alternative solutions within the work program (eg. year round
or split session schools sites) when necessary m meet the public school demand.
Section 9. Co-location and Shared Use
9.1
Co-location and shared use of facilities are important to both the School Board and local govemments.
When preparing its Educational Plant Survey, the School Board will look for opportunities to co-locate and
share use of school facilities and civic facilities. Likewise, co-location and shared use oppommities shall
be considered by the local governments when updating their comprehensive plan's schedule of capital
improvements and when planning and designing new, or renovating existing, community facilities. For
example, opportunities for co-location and shared use will be considered for libraries, parks, recreation
facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and
stadiums. In addition, co-location and shared use of school and governmental facilities for health care and
social services will be considered where applicable.
9.2
For each instance of co-location and shared use, a separate Agreement, addressing legal liability, operating
and maintenance costs, scheduling of use, facility supervision or any other issues that may arise from co-
location, will be developed.
10
Section 10. Resolution of Disputes
10.1
If the parties to this Agreement fail to resolve any conflicts related to issues covered in this document, such
dispute will be resolved in accordance with governmental conflict resolution procedures specified in
Chapters 164 and 186, Florida Statutes.
Section 11. Oversight Process
11.1
The staff working group shall be responsible for preparing an annual assessment report on the effectiveness
of this Agreement. The report will be made available to the public and presented at the Elected Officials
Oversight Committee meeting.
11.2
The School Board, the County and each City shall appoint a citizen member to serve on an oversight
committee to monitor implementation of the interlocal Agreement. Committee members shall be invited to
attend all meetings referenced in Sections 2 and 5 and shall receive copies of all reports and documents
produced pursuant to this inteflocal Agreement. The committee shall appoint a chairperson, meet at least
annually, and report to participating local governments, the School Board and the general public on the
effectiveness with which the interlocal Agreement is being implemented.
Section 12. Amendment Process and Term of the Agreement
12.1
This Agreement may be amended by written consent of all parties to this Agreement. The Agreement will
remain in effect in accordance with Florida Statutes. If the Florida statute as it pertains to school planning
coordination is repealed, the Agreement may be terminated by written consent of all parties of this
Agreement.
Section 13. Execution in Counterparts
13.1 This Agreement may be executed in any number of counterparts, each of which so executed shall be
deemed to be an original, but all such counterparts shall together constitute but one in the same instrument.
Section 14. Effective Date
14.1 Effective date of this Agreement will be January 1, 2004.
11
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of Indian River
County~ the Cities o.f Fellsmere, Sebastian, and Veto Beach, and the School Board of Indian River County on
this ~ day of J~[/~ ~ 2003.
THE SCH~O~L BOARD OF INDIAN RIVER
~teve M~hler~ ~ha~rman
R~ger l~aring, Board Secr~
(CORPORATE SEAL)
COUNTY, FLORIDA
Wimess~s to all Signatori~
Print
Witnj~s as to '~l Signatories
Print Name
State of Florida, County of Indian River
W~yZ~ seai this ~'7~t~
Print Nar~d/
My Commissi~l~x~pires:
Approved as to form and correctness:
dayof ~/~ I/ A.D. 2003.
(AFFIX NOTARY SEAL)
Russell Peterson, School Board
12
DULY PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, THIS 13th DAY OF May ,2003.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BCC Approved: May 13, 2003
Approved as to form and correctness:
ATTEST:
-O Jeffrey IC Barton, Clerk
illiantyAttorney
Duly Passed and Adopted by the City Council of Fellsmere, Florida, this Day of ~.t)~'-/"O.~__, 2003.
FELLSMERE. FLORIDA
May~r R~b~r~4
Duly Passed and Adopted by the City Council of Sebastian, Florida, this Day of ·; 3.
CITY OF SEBASTIAN, FLORIDA
Mayor Walter Barnes
Attest
~(Seal~
Duly Passed and Adopted by the City Council of Vero Beach, Florida, this Day of ~' ~) - , 2003.
CITY OF VERO BEACH, FLORIDA
Mayor Sandra Bowden
City Clerk
(Seal)
13
APPENDIX "A"
SCHOOL COORDINATION GROUPS/ACTIVITIES
COMMITTEES SCHEDULED PURPOSE
MEETINGS
Staff Working Group Senti-annually (2nd Friday in Set direction, formulate
Committee February and August of each recommendations, discuss
year) issues, establish school
planning sectors
Elected Officials Oversight Every year (2na Friday in Set direction, discuss issues,
Committee (EOOC) April of each year) reach understanding
School Planning Technical As Needed Evaluate each potential
Advisory Committee school site and prepare an
(SPTAC) initial evaluation report to be
submitted to the SSC
Prepare an Impact
Assessment Statement (lAS)
and Economic Analysis (EA)
for each short listed school
site
Citizen Oversight Committee Annually Evaluate and assess the
(COC) effectiveness of the interlocal
Agreement
14
APPENDIX "B"
SCHOOL COORDINATION DUE DATES
Due Date Activity
2na Friday in February and Working group meetings to set direction, formulate
August of each year recommendations, and discuss issues
2na Friday in April of each IRC, cities, TCPRC and school board representative
year workshop to set general direction and discuss issues
November 1 of each year School board submits its educational facilities report (five-
year work program) to the county and cities
June 1 of each year The county and cities provide site plan and building permit
information regarding residential projects to school board
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APPENDIX "C'
SCHOOL SITE SELECTION FLOW CHART
School Board identifies need for a new school
and provides a list of potential sites to the SPTAC.
,~ Within 30 Days
School Planning Technical Advisory Committee
(SPTAC) prepares initial evaluation report for each
potential site, reviews sites for consistency with
local comprehensive plans, submits reports to the
School Board.
Within 60 Days
The School Board narrows the sites down to three
(3) sites and submits short list of sites to SPTAC.
SPTAC prepares Impact Assessment Statement
(lAS) and Economic Analysis (EA) for short
listed sites. SPTAC rank short listed sites and
provide IAS, EA, and ranking to the school board
The School Board officially approves the site
and authorizes acquisition of the site
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APPENDIX 'D'
For Schools within the Unincorporated County
INDIAN RIVER COUNTY LDR SECTION 971.14(4)
Educational centers including schools, primary and secondary (not including business
and vocational schools) (special exception).
(a)
Districts requiring administrative permit approval (pursuant to the provisions of
971.04): OCR, MED, CN, CL, CG.
(b)
Districts requiring special exception (pursuant to the provisions of 971.05): A-1
A-2 A-3 RFD RS-1 RS-2 RS-3 RS-6 RT-6 RM-3 RM-4 RM-6 RM-8 RM-10
ROSE-4 RMH-6 RMH-8 Con-1 Con-2 Con-3.
(c) Additional information requirements:
A site plan which denotes the location of all existing structures, parking
facilities, and the proposed circulation plan, pursuant to the requirements
of Chapter 914;
A description of the anticipated service area and projected enrollment shall
be provided;
3. A copy of all requisite licenses from State of Florida.
(d) Criteria for educational facilities:
Sites for secondary schools shall be located near thoroughfares so as to
discourage traffic along local residential streets in residential subdivisions.
Elementary schools should be discouraged from locating adjacent to major
arterial roadways;
For the type of facility proposed, the minimum spatial requirements for the
site shall be similar to standards utilized by the Indian River County
school board and the State of Florida;
No main or accessory building shall be located within one hundred (100)
feet of any property line not adjacent to a street or roadway. No main or
accessory building shall be located within fifty (50) feet of any property
line abutting a local road right-of-way that serves a single-family area;
The applicant shall submit a description of anticipated service area and projected
enrollment, by stages if appropriate, and relate the same to a development
plan explaining:
a. Area to be developed by construction phase;
b. Adequacy of site to accommodate anticipated facilities,
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enrollment, recreation area, off-street parking, and pedestrian and
vehicular circulation on-site including loading, unloading and
queuing of school bus traffic;
c. Safety features of the development plan;
No rooms within the school shall be regularly used for the housing of
students when located in a single-family residential district;
The facilities shall have a Type "C" buffer in the A-I, A-2, A-3, RFD, RS-
1, RS-2, RS-3 and RS-6 districts;
The board of county commissioners may waive or reduce the
buffer requirements where the educational facility is located next
to an existing cemetery, place of worship, child care facility, adult
care facility, community center, or school. Consideration shall be
given to security, noise, and visual impacts. Where a waiver or
buffer reduction is granted, normal perimeter landscaping
requirements shall apply, and alternative requirements (such as
fencing) may be required.
The facilities shall have a Type "D" buffer in all other residential districts
not listed in subsection 6 above.
The board of county commissioners may waive or reduce the
buffer requirements where the educational facility is located next
to an existing cemetery, place of worship, child care facility, adult
care facility, community center, or school. Consideration shall be
given to security, noise, and visual impacts. Where a waiver or
buffer reduction is granted, normal perimeter landscaping
requirements shall apply, and alternative requirements (such as
fencing) may be required.
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