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Agenda 04/12/2006 W ~"'rn..trlct School ~ ~ _ E: ~ T do ~ ""'.CoIlier C()\l~'" JOINT BOARD WORKSHOP AGENDA COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY SCHOOL BOARD APRIL 12, 2006 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. INTRODUCTION AND OPENING REMARKS Raymond J Baker. Superintendent James Mudd, County Manager V. SCHOOL CONCURRENCY: STATE OVERVIEW A. Growth Management Requirements Mike McDaniels, Planning Director. State Department of Community Affairs B. School Planning Requirements Alex 1. Carswell, Educational Facilities Planning Administrator, State Department of Education VI. SCHOOL CONCURRENCY: WHAT IT MEANS AT THE LOCAL LEVEL Angela Usher, Intergovernmental Relations Manager, PBSD VII. BREAK VIII. NEXT STEPS A. Scope of Work Amy Taylor, Long Range Planner, Collier County Public Schools B. Time Line Mike Bosi, Principal Planner, Collier County Planning IX. DISCUSSION AND QUESTIONS Board of County Commissioners and School Board Members X. PUBLIC COMMENT XI. CLOSING REMARKS Raymond J Baker, Superintendent James Mudd, County Manager XII. ADJOURNMENT PUBLIC PARTICIPATION The District School Board of Collier County welcomes public comment on any agenda item. 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 comment. 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. 2005 GROWTH MANAGEMENT LEGISLATION PERTAINING TO SCHOOLS SB 360 EXECUTIVE SUMMARY In 2005 the Department of Community Affairs (DCA) issued a bill that focused on concurrency for water, schools, and transportation facilities, protection of priority state interests and Development of Regional Impact (DRI) reform. The bill was adopted by the State Legislature in May of 2005. The DCA is designated by law as Florida's land planning agency and is responsible for guiding the state's growth and development. The Department implements and ensures compliance with the state's Growth Management Act. Growth Management Act Adopted by the 1985 Legislature, Florida's Growth Management Act requires all of Florida's counties and municipalities to adopt local government comprehensive plans that guide future growth and development. Comprehensive plans contain chapters or "elements" that address future land use, housing, transportation, infrastructure, coastal management, conservation, recreation and open space, intergovernmental coordination and capital improvements. After the adoption of a comprehensive plan, local governments may amend the plans up to twice per year. All land development regulations and land development decisions (development orders) must be consistent with the adopted comprehensive plan. Up until these most recent changes to the Growth Management Act, School Districts were only required to coordinate with the county and municipalities. Adoption of a public educational facility element and concurrency systems by local governments was optional, but not required and, in fact, only Palm Beach School District developed and has implemented a true concurrency management system with its cities and county. The new bill now requires additional coordination, a public schools facility element to the county and cities Growth Management Plans as well as establishment and implementation of a concurrency system as outlined in the Intergovernmental Coordination and Capital Improvement Elements ofthe local government's comprehensive plans. Concurrency: SB 360 provides that concurrency is no longer an option, but a requirement for all school districts. Concurrency requires that the infrastructure to serve development be in place when the development occurs. In brief, the bill provides that a local government may not deny an application for residential development for the failure to achieve and maintain the level of service standard for public school capacities in a local school concurrency management system "where adequate school facilities will be in place or under actual construction within 3 years after the issuance of final subdivision or site plan approva1." Specifics of requirements of a school concurrency management system as amended by SB 360 are provided below. 1 . It is required that the development of school concurrency is accomplished through a coordinated process between the local school district, local government and local planning agency. . Implementation of school concurrency also requires that local governments and school boards work together to establish level-of-service standards and to identify service areas. The legislation encourages to initially apply school concurrency to developments on a district-wide basis only, but must establish smaller "service areas" within 5 years. The minimum requirements for school concurrency are the following: . Public school facilities element.-- Local governments in Collier County are required by March I, 2008 to adopt and transmit to the state land planning agency a public school facilities element which must be consistent with specific requirements in s. 163.3177(12). All local government public school facilities plan elements within a county must be consistent with each other as well. . Level-of-service standards. An essential requirement for a concurrency management system is the level of service at which a public facility is expected to operate. The following are required toward development oflevel of service standards: (1) With the imposition of a school concurrency system on new development, local governments and school boards will jointly establish adequate level-of-service standards, as defined in chapter 91-5, Florida Administrative Code, necessary to implement the adopted local government comprehensive plan, based on data and analysis. (2) Public school level-of-service standards are to be included and adopted into the capital improvements element of the local government's comprehensive plan and apply district-wide to all schools of the same type. Types of schools may include elementary, middle, and high schools as well as special purpose facilities. (3) Local governments and school boards have the option to utilize tiered level-of-service standards to allow time to achieve an adequate and desirable level of service as circumstances warrant. . Concurrency service areas. An essential requirement for a concurrency system is a designation of service areas within which level of service will be measured when an application for a residential development permit is reviewed for school concurrency purposes. (1) Required only at the District-wide level for the first 5 years from adoption. Initially school concurrency may be applied to development on a district-wide basis so that a concurrency determination for a specific development will be based upon the availability of school capacity district-wide, but within five years of adoption of 2 school concurrency, school concurrency must be applied on a less than district-wide basis, such as utilizing school attendance zones or concurrency service areas. (2) Standards for Establishing Service Area Boundaries and Achieving Concurrency Within those Boundaries Must be Based on Defensible Data and Analysis. When school concurrency is applied on a less than district-wide basis, local governments and school boards will have the burden to demonstrate that the utilization of school capacity is maximized to the greatest extent possible. In addition, in order to achieve concurrency within the service area boundaries the service area boundaries, together with the standards for establishing those boundaries, must be identified as supporting data and analysis in the local governments' comprehensive plans. (3) Key Feature Highlights Importance of Appropriate Service Area Boundaries that Reflect Growth Patterns, not just current Attendance Boundaries. The concurrency language provides that if capacity will not be available for a proposed development in a particular service area, and if the needed capacity for the particular service area is available in one or more contiguous service areas, then the development order will be issued and development impacts will be shifted to contiguous service areas with schools with available capacity. . Financial feasibility.--Financial feasibility is an important issue because the premise of concurrency is that the public facilities will be provided in order to achieve and maintain the adopted level-of-service standard. With school concurrency now a requirement, School Districts and local governments are now subject to chapter 91-5, Florida Administrative Code, containing specific standards to determine the financial feasibility of capital programs. These standards as outlined below were adopted to make concurrency more predictable and local governments more accountable. (1) Cities and County are Required to Amend their Capital Improvement Elements in Coordination with the School District. A local government comprehensive plan amendment is required to impose school concurrency. Specifically, the comprehensive plan's capital improvement element must be amended so that it sets forth a financially feasible public school capital facilities program, established in conjunction with the school board which demonstrates that the adopted level-of-service standards will be achieved and maintained. (2) Demonstration of Feasibility. Such amendments shall demonstrate that the public school capital facilities program meets all of the financial feasibility standards of this part and chapter 91-5, Florida Administrative Code, that apply to capital programs which provide the basis for mandatory concurrency on other public facilities and services. (3) State Review Requirement. The financial feasibility of a public school capital facilities program must undergo an evaluation by the state land planning agency 3 (DCA) for purposes of a compliance determination. The evaluation will be based upon the service areas selected by the local governments and school board. . Availability standard.--A local government may not deny a development order authorizing residential development for failure to achieve and maintain the level-of- service standard for public school capacity in a school concurrency system where adequate school facilities will be in place or under actual construction within 3 years after issuance of a subdivision or site plan approva1. . Proportionate Share Mitigation. If the level of service standard is not met, the development may be approved if the developer executes a legally binding commitment to provide mitigation proportionate to the demand for public school facilities to be created by actual development of the property. Options for proportionate-share mitigation of public school facility impacts must be established in the public school facilities element and the interlocal agreement. Such options must include execution by the applicant and the local government of a binding development agreement. The district school board must also be a party to such an agreement and any proportionate-share mitigation must be directed by the school board toward a school capacity improvement that is identified in the 5-year district work plan. Options for proportionate share mitigation may include the following: (1) the contribution of land; (2) the construction, expansion, or payment for land acquisition or construction of a public school facility; (3) or the creation of mitigation banking based on the construction of a public school facility in exchange for the right to sell capacity credits. . Intergovernmental coordination by Agreement The Interlocal Agreement for school coordination has been amended to primarily establish a concurrency management system as the mechanism for coordination. The interlocal agreement must still acknowledge both the school board's constitutional and statutory obligations to provide a uniform system of free public schools on a countywide basis, and the land use authority of local governments, including their authority to approve or deny comprehensive plan amendments and development orders. The interlocal agreement must be submitted to the DCA by the local government as a part of their obligatory compliance review, along with the other necessary amendments to the comprehensive plan and the new public school facilities element. (The deadline for Collier County - March 2008) The agreement must include the following components: (1) Establish the mechanisms for coordinating the development, adoption, and amendment of each local government's public school facilities element with each other and the plans of the school board to ensure a uniform districtwide school concurrency system. 4 (2) Establish a process for the development of siting criteria which encourages the location of public schools proximate to urban residential areas to the extent possible and seeks to collocate schools with other public facilities such as parks, libraries, and community centers to the extent possible. (3) Specify uniform, district-wide or sub-district level-of-service standards for public schools of the same type and the process for modifying the adopted levels-of-service standards. (4) Establish a process for the preparation, amendment, and joint approval by each local government and the school board of a public school capital facilities program which is financially feasible, and a process and schedule for incorporation of the public school capital facilities program into the local government comprehensive plans on an annual basis. (5) Define the geographic application of school concurrency. If school concurrency is to be applied on a less than districtwide basis in the form of concurrency service areas, the Interlocal Agreement shall establish criteria and standards for the establishment and modification of school concurrency service areas. The interlocal shall also establish a process and schedule for the mandatory incorporation of the school concurrency service areas and the criteria and standards for establishment of the service areas into the local government comprehensive plans. The Interlocal shall ensure maximum utilization of school capacity, taking into account transportation costs and court-approved desegregation plans, as well as other factors. The agreement shall also ensure the achievement and maintenance of the adopted level-of- service standards for the geographic area of application throughout the 5 years covered by the public school capital facilities plan and thereafter by adding a new fifth year during the annual update. (6) Establish a uniform district-twide procedure for implementing school concurrency which provides for: a) The evaluation of development applications for compliance with school concurrency requirements; b) An opportunity for the school board to review and comment on the effect of comprehensive plan amendments and rezonings on the public school facilities plan; and c) The monitoring and evaluation of the school concurrency system. (7) Include provisions relating to amendment of the agreement (8) A process and uniform methodology for determining proportionate-share mitigation. . Consequences for failure to obtain compliance. For those local governments and school districts that fail to adopt a public schools element and revised interlocal 5 agreement by their required date; the Department of Community Affairs will prohibit plan amendments from the local government, and The Department of Education will allow the Administrative Commission to impose sanctions against the school board. RECOMMENDATIONS Growth management for public school facilities in the context of this new concurrency requirement provides an opportunity for school districts to directly correlate facility planning in relation to development decisions made by local governments. Local governments in turn must consider the construction of public schools at locations and in time with development as they would their own responsibilities to provide water and sewer and roads to the residents of Collier County. The development and eventual implementation of a concurrency system will need a high level coordinated effort between the School District and the local governments. Recommendation of each board on staffs timeline for completing the interlocal agreement and if deemed appropriate for jointly funding for a consultant to assists each staff in developing the subject interlocal agreement. 6 APPENDIX 1. Timeline to Obtain Concurrency 2. Required Components of a Public Schools Facility Element 7 ~Ipil ~:7 t~~ '; ~':6:~f ,>,,;:"( :~( ~ _. e ~ .... _. = ~ ~ = o ~ ~ = _. = n = e ~ .... _. = = ~ ~ Required Components for a Public Schools Facility Element The Public Schools Facility Element provision in the Growth Management Act was amended so that it is now a requirement of local governments Comprehensive Plans and no longer just an option. Below is a compilation from the Act delineating the specific components required for an acceptable Element. . Data and Analysis Requirements. The element is based on the following data and analysis requirements. (1) For each school facility: the existing enrollment, existing school attendance zones, existing FISH capacity or other professionally accepted measure of capacity; surplus capacity based on site size requirements contained within Department of Education design criteria, and existing level of service, utilizing the five-year school district facilities work and the educational plant survey. (2) For each school facility: the projected enrollment by year for the initial five years of the planning period, and projected enrollment district-wide by school type for the end of the long range planning period of the host county, based on projected population. (3) Existing and projected school facility surpluses and deficiencies by concurrency service area by year for the five-year planning period, and district-wide by school type for the end of the long range planning period of the host county based on projected enrollment. (4) An analysis of the adequacy of the existing level of service conditions for each school facility in order to develop appropriate level of service standards. (5) School facilities needed for each concurrency service area to accommodate projected enrollment at the adopted level of service standard each year for the five-year planning period, and for the end of the long range planning period of the host county, including ancillary plants and land area requirements. The plan shall explain the relationship, if any, of the ancillary plants to school concurrency. (6) Analysis of problems and opportunities with existing public school facilities and projected public school facilities planned in the adopted district facilities work program, including location, supporting infrastructure, and overcrowding in relation to achieving and maintaining level of service standards for the five-year planning period and for the end of the long range planning period of the host county, including: opportunities and problems in collocating existing projected public school facilities with other public facilities such as parks, libraries and community centers; the need for supporting infrastructure, including, water, sewer, roads, drainage, sidewalks and bus stops for existing and projected public school facilities; and analysis of opportunities to locate public school facilities to serve as community focal points. (7) Existing revenue sources and funding mechanisms available for school capital improvement financing; the estimated cost of addressing existing deficiencies and 9 future needs identified above by year for the five-year planning period, and for the end of the long range planning period of the host county. (8) The estimated cost of needed school capital improvements to correct deficiencies and meet future needs based on achieving and maintaining the adopted level of service standard identified by year for the five-year planning period, and for the end of the long range planning period of the host county. (9) An assessment of the ability to finance capital improvements based upon projected enrollment and revenues during the five-year planning period: forecasting of revenues and expenditures for five years; projections of debt service obligations for currently outstanding bond issues; projection of ad valorem tax base, assessment ratio and millage rate; projections of other tax bases and other revenue sources, such as, impact and user fees; projection of facilities (and not program) operating cost considerations; and projection of debt capacity. (10) Data and analysis showing how school concurrency costs will be met and shared by all affected parties, consistent with the requirement for a financially feasible capital improvements program for public schools. . Requirements for Public School Facilities Goals, Objectives, and Policies. (1) The public school facilities element shall contain one or more adopted goal statements which establish the long-term end toward which public school programs and activities are ultimately directed. (2) The element shall contain one or more specific objectives for each goal statement which: a) Addresses correction of existing school facility deficiencies and facilities needed to meet future needs. b) Ensures adequate school facility capacity consistent with the adopted level of service standard for each year of the five-year planning period and the long term planning period of the host county. c) Ensures the inclusion in the five-year schedule of capital improvements of those projects necessary to address existing deficiencies, and to meet future needs based upon achieving and maintaining the adopted level of service standards for each year of the five-year planning period. d) Coordinates the location of public schools with the future land use map or map series of the relevant jurisdiction to ensure that existing and proposed school facilities are located consistent with the existing and proposed residential areas they serve and are proximate to appropriate existing and future land uses. The use of schools to serve as community focal points should also be addressed. e) Coordinates existing and planned public school facilities with the plans for supporting infrastructure. 10 f) Coordinates location of public school facilities relative to the location of other public facilities such as parks, libraries and community centers to the extent possible. (3) The element shall contain one or more adopted policies for each objective which establish the way in which programs and activities will be conducted to achieve an identified goa1. At a minimum, the policies shall include: a) If the school concurrency service area is less than district-wide, a policy which establishes guidelines and standards for modification of school concurrency service areas and changes in the use of schools. The policy shall ensure that the adopted level of service standards will be achieved and maintained for each year ofthe five-year planning period. The policy shall include standards for revision of concurrency service area boundaries to ensure that the utilization of school capacity is maximized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans, as well as other factors. b) A policy which requires the adoption of annual plan amendments adding a new fifth year, updating the financially feasible public schools capital facilities program, coordinating the program with the 5-year district facilities work plan, the plans of other local governments, and, as necessary, updates to the concurrency service area map. The annual plan amendments shall ensure that the capital improvements program continues to be financially feasible and that the level of service standards will continue to be achieved and maintained. c) A policy addressing coordination of the annual review of the element with the school board, the county, and applicable municipalities; coordination of annual review of school enrollment projections, and establishing the procedures for the annual update process. d) A policy addressing coordination of school site selection, permitting, and collocation of school sites with other public facilities such as parks, libraries and community centers. e) A policy addressing provision of supporting infrastructure such as water and sewer, roads, drainage, sidewalks and bus stops for existing and projected public school facilities; and measures to ensure compatibility and close integration between public school facilities and surrounding land uses. f) A policy addressing coordination of the long range public school facility map with the local government's comprehensive plan, including the future land use map. g) A policy establishing level of service standards for public school facilities which can be achieved and maintained throughout the five-year planning period. Local governments adopting level of service standards using a measurement of capacity other than FISH, shall include appropriate data and analysis in support of such alternative measure. 11 h) If concurrency is not applied district-wide, a policy providing that development can proceed if the level of service standard is exceeded for a project, but capacity exists in one or more contiguous school concurrency service areas as adopted by the local government. i) Policies specifying types of mitigation that a school board will allow to meet concurrency, and policies assuring that any mitigation funds provided as a result of the school concurrency system are utilized by the school board for appropriate school facilities. (1) A policy establishing measures to ensure compatibility of school sites and surrounding land uses. (2) A policy addressing coordination with adjacent local governments and the school district on emergency preparedness issues. . The element shall include the following maps: (1) A map or maps depicting existing location of public school facilities by type and existing location of ancillary plants. (2) A future conditions map or map series which depicts the planned general location of public school facilities and ancillary plants by year for the five-year planning period, and for the end of the long range planning period of the host county. (3) When the school concurrency service area is less than district-wide, a map or map series which depicts the school concurrency service areas. 12