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Backup Documents 03/20/2007 W Board of County Commissioners Workshop Meeting BACK-UP DOCUMENTS March 20, 2007 JOINT WORKSHOP AGENDA COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS EVERGLADES CITY COUNCIL MARCO ISLAND CITY COUNCIL NAPLES CITY COUNCIL SCHOOL BOARD OF COLLIER COUNTY MARCH 20, 2007 9:00 A.M. -12:00 NOON DR. MARTIN LUTHER KING, JR. ADMINISTRATIVE CENTER' 5775 OSCEOLA TRAIL' NAPLES, FLORIDA I. CALL TO ORDER II. PLEDGE TO THE FLAG III. STATEMENT OF MEETING GUIDELINES Members of the public wishing to speak on any agenda item must complete a Speaker Registration Card for the Board Secretary. No speaker shall indulge in personal attacks while speaking. All comments and questions are to be addressed directly to the Boards. Speakers will be limited to three minutes unless granted additional time by the Chair. A yellow caution light will appear on the timer when one minute remains, and a red light will appear when the time expires. At this point, the speaker should conclude his/her remarks. The sound on communication tools such as cell phones and pagers must be turned off while in the Board Room. No laser pointers will be used in presentations unless pre-approved. The Chair, with the consent of the Boards, shall have the right to limit public debate on any agenda item. The Parliamentarian shall enforce the Meeting Guidelines. IV. WELCOME Steven J Donovan, Chair - School Board V. STATEMENT OF PURPOSE OF MEETING Raymond J Baker, Superintendent of Schools VI. PRESENTATION: (}) David 1. DeYoung, AICP, Project Manager, Kimley-Horn and Associates, Inc. o Susan 1. Trevarthen, AICP, Attorney at Law, Weiss, Serota, Helfman, et aI, P.A. fiJ Deanna Newman, President, Public Pathways, Inc. (p Jeanne Mills, JD, AICP, Jeanne Mills and Associates, 1. C. A. School Concurrency Overview and Schedule B. Statutory Requirements of School Concurrency I. School Coordination Agreement 2. Financial Feasibility 3. Data Collection and Analysis . Level of Service . Concurrency Service Areas 4. Review ofImpact of Proposed Development on Schools 5. Proportionate Share Mitigation 6. Growth Management Plan Amendments . New Public Educational Facilities Element . Capital Improvement Element . Intergovernmental Coordination Element VII. NEXT STEPS VIII. DISCUSSION AND QUESTIONS IX. PUBLIC COMMENTS X. Agreement on a date for a joint meeting between the Connty Commission and the School Board to be held within the next 90 days to address issues of mutual concern. XI. CLOSING REMARKS XII. ADJOURNMENT PUBLIC PARTICIPATION Public comments on any agenda item are welcome. You are requested to keep comments brief and concise and to avoid repetition of the remarks of others. The Board reserves the right to limit the time for public comments. Please complete a Speaker Registration Card available at the table upon entry into the Board Room. The card is to be given to the Secretary to ensure correct spelling of your name in the minutes. The Chair will recognize you, normally after Board discussion, and request that you come to the podium and state your name for the record. Our meetings are televised live and are audio-recorded. Please Note: If interpreters are needed, please contact the Executive Assistant to the Superintendent at 239-377-0220 at least three days prior to the meeting. COLLIER COUNTY SCHOOL BOARD, THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AND THE CITIES OF EVERGLADES CITY, MARCO ISLAND AND NAPLES JOINT BOARD WORKSHOP ON SCHOOL CONCURRENCY March 20, 2007 Consultant Team David L. DeYoung, AlCP, Project Manager, Kimley-Horn and Associates, Inc. Susan L. Trevarthen, ArcP, Attorney, Weiss, Serota, Helfman, Pastoriza, Guedes, Cole, Boniske, P.A. Deanna Newman, President, Public Pathways, Inc. Jeanne Mills, JD, AICP, Jeanne Mills and Associates, L.c. Brian Piersol, Wilson Miller I. School Concurrency Overview General Discussion By March 1, 2008, the County and the Cities are mandated to add schools to their concurrency management system. The School District is mandated to achieve and maintain an adopted level of service based on financially feasible capital facilities program. To implement school concurrency, local governments and school boards are required to: 1. Update existing public school interlocal agreement for facility siting and planning to include school concurrency; There are three main components to the school concurrency plan that are required to be included in the updated interlocal agreement for coordinated planning to include school concurrency; (hereinafter referred to as the ILA): a) Financial feasibility of the school district five-year Capital Improvement Plan; b) Regulatory review of all new residential projects; and c) Joint planning among the Cities, the County and the School District 2. According to the Chapter 163, Part II, F.S., each of the following sections should be interpreted as a whole rather than individually. 3. Create and adopt a new Public School Facilities Element (PSFE) into the Comprehensive Plan; 4. Update and adopt modifications to other Comprehensive Plan Elements, including the incorporation of the School Board's Five-Year Capital Improvement Plan into the Capital Improvements Element (CIE); and 5. Adopt a School Concurrency Ordinance (and land development regulations) 6. Subject all residential developments to a regulatory review by the School District for available school capacity within the adopted level of service (LOS) before local government approval. Currently, section 1013.35 requires the Collier County School District project new students and plan for new capacity annually, in the short term (5 years) and a longer term in order to meet the growth demands based on historical trends and intergovernmental data sharing. School Concurrency will require regular data sharing. School District involvement and review will be required for all non-exempt residential development, at the prescribed stages, prior to the issuance by the County or Cities of a concurrency determination, to assure the LOS standard is not exceeded. II. Actions to Date . School District and County, and Cities Staff Working Group meetings with Consultants to understand specific Collier County school concurrency considerations and terms . Data gathering for analysis of student projections and development trends in conjunction with the School District's annual Capital Improvement Plan update . Analysis of number of students generated by various types of residential development . Evaluation and testing of alternative concurrency service areas and levels of service for elementary, middle and high school . Development of preliminary draft of the amended Interlocal Agreement (ILA) to include School Concurrency III. Collier County School Concurrency Considerations The following summarizes the main components of School Concurrency based on the Statutes, which require adoption by Collier County, the Cities and the School District: A. The School District must adopt a financially feasible Public School Capital Improvement Plan. The Plan will be identified in the ILA and incorporated into an amended Capital Improvements Element (CIE) of the County and the Cities Comprehensive Plans. The School District shall provide the Public School Capital Improvement Plan in a timely manner to all local governments for review and comment, prior to School Board adoption. (Section 163.3180(13)(d)1., F.S.) The School District already prepares this document pursuant to state law but the plan is not incorporated into any county planning documents, 1) The School District's Capital Improvement Plan for public schools in Collier County will be updated and adopted on or before September 30'h of each year; 2) While the School District's Capital Improvement Plan and each annual update will be a financially feasible program of school construction for a five (5) year period; the first three years of the School District's annual Capital Improvement Plan must show assured financing; 3) The School District's Capital Improvement Plan will specify all new school construction, remodeling or renovation projects which will add permanent capacity or modernize existing facilities, which, when completed, will add sufficient capacity to achieve and maintain the adopted LOS standard for all schools based on the projected enrollment; 4) The School District's Capital Improvement Plan will include a description of each school project, a listing of funds to be spent in each fiscal year for the planning, preparation, land acquisition, and actual construction and any renovation that adds student capacity of each school project; the amount of capacity added; and a generalized location map for proposed schools included in the School District's Five-Year Capital Improvement Plan; 5) The School District's Capital Improvement Plan will maximize utilization of existing schools so that proposed projects add the necessary capacity to maintain the adopted LOS standard; and 6) Each annual adoption of the School District's Capital Improvement Plan shall require the local government's CIE to be amended to reflect and include the summary School District Capital Improvement Plan. 2 7) The School District's Capital Improvement Plan cannot take away capacity in the first three years of assured funding. B. The School District, County and Cities adoption of the Level-of-Service (LOS) standards will establish maximum permissible school utilization rates within the concurrency service areas relative to school capacity. The ILA will include those LOS standards. The LOS standards must also be adopted by the County in the new PSFE and the amended CIE of the Comprehensive Plan. (Section 163.3180(13)(b), F.S.) 1) The use of Florida Inventory of School Houses (FISH) capacity as the variable to determine the utilization of a school, and the establishment of a future LOS. 2) The LOS shall be established for all schools of the same type (elementary, middle, high) countywide. 3) If necessary, local governments and the School District have the option to use tiered level of service standards to allow time to achieve the adopted LOS. 4) Those schools which may have special situations and cannot achieve the adopted LOS, a special tier may be established with a longer DCA approved timeframe. 5) Where school utilization exceeds the adopted LOS, and there may be an impact on new residential development application, one of three scenarios may be triggered for the residential project: . Use of adjacent CSA capacity . Use of proportionate share mitigation . Delay or denial of the project. C. The Parties to the ILA must establish Concurrency Service Areas (CSAs) to define the geographic boundaries in which school concurrency LOS is measured. The ILA will include the process for establishing CSAs. The CSA maps will be part of the supporting data and analysis for the new Public School Facilities Element of the comprehensive plans. (Sections 163.3180(13)(c) and 163.3180(13)(g)(5), F.S.) 1) The School District, County, and Cities may decide to apply school concurrency on a less than district-wide basis, using Traffic Analysis Zones (TAZ) as each CSA. Use of this method will create a separate CSA boundary for groups of elementary schools, middle schools, and high schools. 2) As future school boundary changes are required for schools programmed in the Collier School District Five-Year Capital Improvement Plan, the CSAs will be evaluated and may be modified to provide maximum utilization of school capacity; 3) Any Party to the ILA may propose a change to the CSA boundaries; Prior to adopting any change, the School District would need to verify that the change would still maintain the adopted LOS for each year of the five-year planning period; and the utilization of school capacity will be maximized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors. 4) Modifying CSA boundary maps could be accomplished through agreement with the school district and coordination with an oversight committee, and must be supported by Data and Analysis (D&A). All parties to the ILA would have time to review and comment. The CSAs will not require comprehensive plan amendments because DCA has determined that only the process for establishing 3 them need be incorporated in the ILA; the D&A will hold the actual maps (D&A is not usually an adopted document.) D. The County and Cities are required to adopt a Public School Facilities Element (PSFE) into the County's and the Cities' comprehensive plans consistent with the ILA and those adopted by the other local governments within the County. (Sections 163.3180(13)(a) and 163.3177(12), F.S., and Rule 9J-5.025, Florida Administrative Code (FAC.) 1) Must address Rule 9J-5.025, FAC. requirements; consisting of requirements for the Goals, Objectives and Policies which summarize the issues in the ILA. 2) Must be supported by Data and Analysis in accordance with Rule 9J-5.025, FAC. E. The Parties must agree upon the Requlatorv Review of Residential Development. in accordance with 163.3180(13)(g)6, for school capacity and issuance of determination a letter. This process must be included in the ILA. A student generation multiplier (SGM) will be used to determine the new student impact generated from a residential development on public schools. 1) The parties must agree on non-exempt and exempt residential development. 2) The SGM will be based on an average of the actual number of students per specific housing types and school types. (Currently being finalized by the Consultants) 3) The review requires first a local government determining an application is sufficient (for its acceptance for submission - a standard procedure), then the school district will review the application for school capacity in the specific CSA - evaluating LOS). 4) School District and County, and Cities may need to increase staff for intake, coordination and review purposes. F. The parties must agree upon a Proportionate Share Mitiqation methodology and options to be included in the PSFE and the ILA. (Section 163.3180(13)(e), F.S.) 1) A developer may pay for the cost of students generated from his development when the costs exceed the impact fees paid because his residential development has generated more students in the CSA than there is capacity to house them. 2) A tri-party binding agreement between the School District, local government, and developer (must be acceptable to all) must be executed. This should be completed within a set timeframe, i.e., 90 days. Possibly a separate agreement or imposed through development conditions. 3) The costs are based on present and actual costs per student. 4) The new capacity created by the developer's proportionate share will be added to the capital plan, if not already included. G. The County and the Cities must amend their Capital Improvements Element (CIE) of the County's and the Cities' Comprehensive Plans to include a summary table listing the School District's Five-Year Capital Improvement Plan. (Section 163.3180(13)(d)1., F.S.) 1) Each annual update of the School District's Capital Improvement Plan will require an amendment to the Local Government's CIE to reflect and include the School District's adopted capital plan's summary table. 2) The CIE will contain the adopted, financially feasible School District's Capital Improvement Plan that demonstrates the adopted LOS will be achieved and maintained. 4 H. The School Concurrency program may require the amending of the Interqovernmental Coordination Element (lCE) of the comprehensive plan, if necessary, as set forth in Section 163.3184, F.S. I. The County and Cities are required to update their land development regulations to impose School Concurrency through implementing ordinances. V. Next Steps Consulting Team will proceed with Tasks for the Parties' consideration: . Revise draft of the ILA based on comments from parties . Submit draft ILA to DCA for its review and comment . Complete the data gathering process . Review and analyze the School District's Capital funding based on projected growth . Analyze the data and prepare the Data and Analysis Report . Prepare draft Public School Facilities Element and amendments to other relevant Elements of the Comprehensive Plan . Revise ILA based on DCA's comments . Complete draft Public School Facilities Element 5