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R-1188-10 , I RESOLUTION NO. 1188-10 A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL APPROVING THE FIRST SUPPLEMENTAL AGREEMENT (SUPPLEMENTAL AGREEMENT)TO THE AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI-DADE COUNTY, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami Shores Village and the Miami-Dade School Board entered into the Interlocal Agreement for Public School Facility Planning in Miami-Dade County in 2003; and WHEREAS, in 2007, Miami Shores Village approved the execution of the Amended and Restated Interlocal Agreement for Public School Facility Planning in Miami-Dade County (hereinafter referred to as the "Agreement"); and, WHEREAS,Section 17 of the Agreement provides that the School Board may enter into Supplementary Agreements with individual municipalities to address individual circumstances;and WHEREAS,Section 18 of the Agreement provides that should the School Board enter into an agreement with another municipality or County,separate or otherwise,which provides more beneficial terms than those agreed to in the Interlocal Agreement,the School Board shall offer the same terms to all other parties to this Interlocal Agreement;and WHEREAS,the School Board and certain municipalities desire to enter into this Supplemental Agreement,addressing certain non-substantive matters on which the parties have reached agreement. NOW THEREFORE, BE IT RESOLVED by the Miami Shores Village Council that: Section 1. The proposed Amendments referenced in Attachment 1, attached hereto and made a part hereof,are approved. Section 2. This Resolution takes effect immediately n its passage by the Village Council. PASSED AND ADOPTED this 21st day of Setup ber, 2010, r ATTEST: avis, Mayor Barbara A. Estep, MNfC Village Clerk APPROVED AS TO FORM: iRichard Sarafan Village Attorney ' I I A TTA CHMENT 1 I. If added, the following would be placed at the end of Section 9.2 (a) Assess Effects of Geographic Area Within one year fol owing the effective date of this Agreement the County Cities and School Board staffs shall meet to assess the effect of the Geographic Areas (Northwest Northeast Southwest Southeast)on the public school concurrenc system. If an art feels that there are issues with the Geographic Areas that partv may propose to include an additional review step. as follows: "Where the Geographic Areas result in an application being found not to meet concurrency, the staffs shall evaluate whether the following factors exist: 1. The concurrencv service area serving the development is bisected by the Geographic Area boundary line: 2. The adiacent concurrency service area across the Geographic Area boundary line has the capacity to absorb all of the impacts of the development; 3. The shifting does not result in the adiacent concurrency service area exceeding 95% of its capacity, and 4. The travel distance to the adiacent concurrency service area school is no areater than the travel distance to anv adiacent concurrency service area located on the same side of the Geographic Area boundary line as the development If all of these factors exist then proportionate share mitigation shall not be required, and the shifting of impacts across the Geographic Area boundary line shall be automatically allowed." Both this Agreement and the Amended and Restated Aareement must be revised, and the public school facilities elements revised if deemed necessary, before this review step can become effective. The Darties have agreed to start with the above concept but may choose to adopt different language or procedures on this tonic if properly approved by all parties 2. If added, the following would be placed after paragraph 4 of 9.2 (b) — Level of Service Standard The School Board shall provide to the County and cities: 1 an annual re art of all schools that exceed the ado ted LOS Standard; and 2 an annual report of the status of all capital projects related to school capacity that were due to be completed by the date of the reportBoth reports shall be provided to the local governments no later than September 30 of each year. I i Potential amendments to these LOS Standards shall be considered at least annually at the Staff Working Group meeting to take place no later than April 30(for the County's first comer _pensive plan am nrlma.++,..,,.�o�or October 31 (for the County's second q=prehensive elan amendment cycle) of each year. i=08 8+an a +A„ amendmen W-the LOS standard shall be accomplished by the expeyben-Gfap Restated A,.re,.w,no,+h 11 .....+ LL ITJG7'r1'GTTry7^I'"a'rrvr2reic®-are7- adeptien of amendments to the County's and sae.h CRvis oemp fe4 - -y - - elan. The-aFReAdpd_L )8 St.,ndaFd shall not he. e{--liVe UAW ..II 1 ply in accordance wi h th amendment Provisions of this Agreement. No LOS Standard shall be amended without a showing that the amended LOS Standard is financially feasible and can be achieved and maintained over the five years of the District Facilities Work Program. 3. If added, the following would amend the third paragraph of 9.2 (c) - Concurrency Service Areas Potential amendments to the concurrency service areas, other than periodic adjustments to student attendance boundaries, or to redefine the concurrency service area as a different type of boundary or area shall be considered annually at the Staff Working Group meeting to take place each year no later than April 30 ,for the County's first comprehensive plan amendment cycle) or October 31 (for the County's second comprehensive plan amendment cycle), and shall take into account the issue of maximization of capacity. Other considerations for amending the concurrency service areas may include safe access (including factors such as the presence of sidewalks, bicycle paths, tum lanes and signalization, general walkability), diversity, and geographic or manmade constraints to travel. If th ��s-a eisa arra to diffeFeR An amendment to the type orfeographic configuration;-it of concurrency service areas shall be accomplished _ amendment to this Amended-and a+ed Aa .-t Th h n �.en nr irrenn.i nar. iso re sh II t b- e ffeGtiy „ M +h vctl crTamendment 4e this fullyAmended and Restated ACIFeemeni is eve r r+ed a 1 1-,, a G7000q CGQ-QI Iq"r CLQ CC Cri7r-'Gls'Taments to the -CGUAW—and Cities' s;ve e,lansafe add ted only in accordance with the amendment provision of this Agreement 4. If added, the following would amend the first paragraph of 9.2 (d) - Student Generation Multipliers T-heFuture student generation rates shall be determineEldeveloped by the County with the School Board in a ioint, collaborative process, in accordance with professionally accepted methodologies, and shall be Mgdatedreviewed at least every three (3) years inasFAuGh as possible. and shall be .+„„tea FAG the Gounty's and i1;8G' --elans Th n1�-an1 e4W 11 � ,,,,w,.,rebensive -TT7�—oo��o--z QFGierAen•s will be-'nG'uded Jn the teAt hale aIle.+ring ad—4;-- Ialan oFevided to the Gew4y and G41186 h Very-as opeeffied in-cSiubseetien 34--ef and updated as necessary The initial professionally accepted methodology shall take student addresses by school type (elementary, middle and senior) as provided by School Board staff, and aeocode each address to the property appraiser files to identify the type of unit with the -goal of obtaining an accurate student generation multiplier rate by Minor Statistical Areas (MSAs) based on a 100% sampling The methodology and calculations thereunder shall bg updated as necessary The formula to be utilized when determining the number of students generated by a development shall be based on student generation rates calculated as follows: Total Number.of Students Generated Number of Residential Units Generated By Develo meat Proposal X Student Generation Multiplier 5. If added, the following would amend 9.2 (f) Proportionate Share Mitigation Amend paraaraph before the listing of options Options for providing proportionate share mitigation for any approval of additional residential dwelling units that triggers a failure to meet the Level of Service Standard for public school capacity will be specified in the County's and Cities' Public School Facilities Elements. Proportionate-share mitigation must be acceptable to the School Board Options shall include the following: fAdd Option_ No. 6) 6. Charter Schools — Charter schools may be considered as a mitigation option only at the sole discretion of the School Board Criteria associated with this option will be developed by the School Board If there is a lack of agreement among the applicant the applicable local -government and the School Board on the option to be used for mitigation as set forth in options 1-5 above the local government Mav accept mitigation in the form of money (option 1 above) only in accordance with the following Procedures: (a) The local government shall inform the School Board of an impasse in writing, which shall trigger a thirty(30) day period for final negotiations (b) Upon receipt of the written notice of an impasse the School Board shall schedule a negotiation session with the applicant and the local government. (c) If agreement on a mitigation option is not reached within thirty (30) days of the School Board's receipt of the notice of impasse, then the local -government may request that the mitigation requirement be satisfied with the money option (option 1 above) (d) In this event, the School Board shall accept the money option (involvinq mitigation bankina under option 5 above if appropriate) if the following requirements are met: i the money o tion must include_payment of the full ca ital cost of a planned project to be expanded or a new project to be added to the District Facilities Work Program located in the first three (3) years of the program: and aaaetable to thaIL- -nal Be MitiQation shall be -steel 16 Dfeie is in the Frn4 th as (34-yea— f}(... Da t..Gt 7aFee a ill e• fi N the GFeated by that 4evelopment (ii) the money option must provide sufficient capacity to absorb the excess impacts of the development 6. If added, the following would amend 9.3 - Updates to Public School Concurrency Add after first Paragraph The School Board shall not amend the District Facilities Work Program as to modify, delay or delete any project that affects student capacity in the first three (3) years of the Five Year Plan unless the School [);GtFiGt staff--with the """ioT ;of the S sF�eo;�eaTt� n3Emhrat�Rn��d provides written confirmation that: 1. The modification, delay or deletion of a project is required in order to meet the School Board's constitutional obligation to provide a redistrict-wide uniform system of free public schools or to meet other legal obligations imposed by state or federal law; or 3. The project schedule or scope has been modified to address local government concerns, and the modification does not cause the adopted LOS standard to be exceeded in the Concurrency Service Area from which the originally planned project is modified, delayed or deleted; and in addition to any of the foregoing three events. 4. The Staff Working Group has had the opportunity to review the proposed amendment and has submitted its recommendation to the School Board Add alter last oaraaraoh: Other than as part of the process required to annually update the District's Facilities Work Program (Work Program) any interim action taken by the School Board to either 1) close an existing school or 2) delete modify, or delay a school facility proiect planned in the first three years of the Work Program, shall not adversely impact the County's or a City's ability to rely on said facility's or proiect's capacity, for purposes of issuance of school concurrency certificates during that interim period between annual reviews and adoption of the Work Proqram. Furthermore where an action by the School Board to close an existinq school or to delete modify or delay a school facility capacity proiect listed in the adopted Work Program would result in a CSA exceedina its adopted level of service within the period covered by the work Program, and a Geographic Area bounds as set forth in Exhibit 2) limits the ability to shift impacts of proposed development to continuous CSAs, then the School Board shall shift impacts of proposed developments to any contiguous CSA irrespective of the Geographic Area boundaries, until the adopted level of service standard for the affected CSA is restored. As required for financial feasibility, pursuant to Section 163 3164 (32), F.S., the School Board shall at the conclusion the five-year period ensure that the adopted level of service standard for the CSA shall be achieved. As it relates to the required annual updates of the Work Program the School Board shall provide the relevant data and analysis that demonstrate the achievement and maintenance of the adopted level of service standard at the conclusion of the five-year timeframe covered by the Work Pro ram and as required by the -governing state statutes. All data and analms will be provided to the County and non-exempt municipalities by May 31' with the submittal of the Tentative Work Program and by October 20,n upon adoption of the Annual Work Program. 7. If added, there would be a New Section 22. Taking and Vested Rights Section 22. Takings and Vested Rights Nothing in this Agreement shall be construed or applied to effect a permanent or temporary taking of private property or the abrogation of vested rights in violation of the United States Constitution or the Florida Constitution to result in a violation of law, to require the payment of compensation by the School ' ti Board, the County or any municipality for impacts on private property, or to modffv or eliminate anv remedy available to prevent or rectify a taking-, deprivation of vested ri-ghts or violation of law.