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R03-056 II RESOLUTION R03- 056 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND OTHER MUNICIPALITIES OF PALM BEACH COUNTY AND THE SCHOOL DISTRICT OF PALM BEACH COUNTY; AND PROVIDING AN EFFECTNE DATE. WHEREAS, on January 25, 2001, the County, the Munieipalities (including the City of Boynton Beach) and the Sehool District of Palm Beaeh County entered into an Interlocal Agreement to establish publie sehool eoncurreney; and WHEREAS, the proposed ehanges follow one year of implementation of Sehool Concurrency and are deemed neeessary to make the implementation process easier and more realistie; WHEREAS, staff has reviewed the amendments and recommends execution of the First Amendment to the Interloeal Agreement, a copy of whieh is attaehed hereto and made a part hereof; NOW, THEREFORE, BE IT RESOL VED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and eonfirmed as being true and eorreet and are hereby made a speeific part of this Resolution upon adoption hereof. Seetion 2. Upon reeommendation of staff, this Commission does hereby S:\CA\RESO\Agreements\lnterlocals\First Amendment to Interlocal - School Concurrency,doc " ! i authorize and direct the execution of this First Amendment to the Interlocal I Agreement between the City of Boynton Beaeh and other Munieipalities of Palm Beach County and the School Distriet of Palm Beaeh County, whieh is attaehed hereto as Exhibit "A". Seetion 2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of April, 2003. \. "' -'-------".... \ /' \ ..~ Commissioner S:\CA\RESO\Agreements\lnterlocals\First Amendment to Interlocal - School Concurrency,doc Add'~ss: C. /. A t--I )l KS? /' Cr 1111111111111111111111111111111111111111 04/28/2003 09:21:41 20030236556 OR BK 15124 PG 0024 Palm Beach County, FloTida f.e:tfAfZtJ '&: Office of' the Cny Clerk City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425 R03-056 FIRST AMENDMENT TO THE PALM BEACH COUNTY INTERLOCAL AGREEMENT with MUNICIPALITIES OF PALM BEACH COUNTY and THE SCHOOL DISTRICT OF PALM BEACH COUNTY To Establish PUBLIC SCHOOL CONCURRENCY This First Amendment to the Interlocal Agreement establishing Public School Concurreney is hereby entered into by and between PALM BEACH COUNTY (hereafter referred to as the "COUNTY", operating through its BOARD OF COUNTY COMMISSIONERS; those municipalities who have executed this Agreement (hereafter referred to singly as "MUNICIPALITY" or collectively as "MUNICIPALITIES"; and The "SCHOOL DISTRICT OF PALM BEACH COUNTY" (hereafter referred to as the "SCHOOL DISTRICT', operating through the SCHOOL BOARD OF PALM BEACH COUNTY (hereafter referred to as the "SCHOOL BOARD" all of whom may collectively be referred to as the "PARTIES" to this Interlocal Agreement. WHEREAS, on January 25,2001, the COUNTY, the MUNICIPALITIES, and the SCHOOL DISTRICT entered into the Interlocal Agreement to establish public school concurrency; and Page I of 20 BOOK 15124 PAGE 0025 WHEREAS, the Interlocal Agreement, among other things, establishes a Technical Advisory Group (TAG) to periodically evaluate the school concurrency program and to recommend proposed amendments to the Interloeal Agreement; and WHEREAS, the TAG on October 7, 2002, approved and issued a Program Evaluation Report for distribution to all PARTIES to the Interlocal Agreement recommending changes to the document; and WHEREAS, on November 7, 2002, and January 30,2003, the Intergovernmental Plan Amendment Committee (IP ARC), whieh consists of planning directors in Palm Beach County, reviewed the Program Evaluation Report and the recommended changes; and WHEREAS, pursuant to its terms, the Interlocal Agreement may be amended by written agreement of fifty-one percent (51 %) of the PARTIES; and WHEREAS, the PARTIES hereto desire to amend the Interlocal Agreement as set forth as recommended by the Program Evaluation Report. NOW, THEREFORE, in order to amend the Interlocal Agreement, and in consideration of the mutual obligations and benefits conferred, the COUNTY, the MUNICIPALITIES, and the SCHOOL DISTRICT hereby amend the Interlocal Agreement as follows: All references to Florida Statutes Chapters 235 and 236 have been changed to Chapters 1013 and lOll. SECTION 1. Defmitions are hereby amended as follows: First FIE Student Count - A first semester count of all "full time eauivalent" students. The date of the first FTE count is determined bv the Florida Department of Education each school year. pursuant to Chapter 1011.62. Florida Statutes. Page 2 of 21 BOOK 15124 PAGE 0026 SECTION 2. Article II.B. Required Concurrency Elements is hereby amended as follows: 3. Incorporate "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Sehedule" whieh is in the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan into its adopted Capital Improvement Element, and keep on file the and update that Sehedule consistent with the updated and adopted SCHOOL DISTRICT'S Five-Year Capital Facilities Plan in order to set forth a financially feasible public school capital facilities plan, consistent with the adopted Level of Service Standards for public schools. SECTION 3. Article III.C Transmittal shall be amended as follows: The SCHOOL DISTRICT shall transmit copies of the proposed SCHOOL DISTRICT's Five Year Capital Facilities Plan along with data and analysis necessary to demonstrate the financial and feasibility of the Program to the Technical Advisory Group (TAG), the MUNICIPALITIES and the COUNTY on or before May 31 July 1 of each year commencing after the effective date of this AGREEMENT. Page 3 of 20 BOOK 15124 PAGE 0027 SECTION 4. Article III.F Material Amendment to the SCHOOL DISTRICT's Five-Year Capital Faeilities Plan is hereby amended as follows: (b) That the modifieation, delay or deletion of a project is occasioned by unanticipated change in population projeetions or growth patterns or is required in order to provide needed capaeity in a location that has a current greater need than the originally planned location and does not eause the adopted LOS to be exceeded in the CSA from which the originally planned project is modified, delayed or deleted: or (c) At the request of one of the PARTIES to this agreement, the proiect schedule or scope has been modified to address local government concerns. and the modification does not cause the adopted LOS to be exceeded in the CSA from which the originally planned proiect is modified. delayed or deleted. SECTION 5. Article III.a Amend Comprehensive Plan is hereby amended as follows: Once the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan, the annual update, or any material amendment has been adopted by the SCHOOL BOARD, the COUNTY and MUNICIP.'\LITIES shall amend 'The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" of the Capital Improvement Element of theH= its Comprehensive Plans to include the changes in their next round of amendments. The COUNTY shall transmit the adopted copies of these amendments to all signatories of this agreement within thirty (30) days of adoption. The MUNICIPALITIES in turn. shall follow procedures consistent with Rule 9J-5. Florida Administrative Code. to adopt the SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule. Page 4 of 20 BOOK 15124 PAGE 0028 SECTION 6. Article IV.A Process for Development and Adoption of Capital Improvement Element is hereby amended as follows: 1. The SCHOOL DISTRICT shall prepare and the COUNTY and the MUNICIP l\LITIES shall adopt into the Capital Improvements Element of its their comprehensive plan "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement Schedule" of the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan set forth in Section III, in this AGREEMENT. SECTION 7. Article V.C Level of Service is hereby amended as follows: 5. Upon determination by TAG. if a school is planned and under eontract or construction which will relieve capacity of an existing school. the existing school shall be allowed to exceed the 120% maximum utilization for a period not to exceed 2 years. The former is intended to prevent the movement of students more than once. SECTION 8. Article V.F. SCHOOL DISTRICT Review of New Residential Proposals is hereby amended as follows: 3. Determine Utilization - Analysis of Enrollment to Capacity for Five years: The SCHOOL DISTRICT shall create a Development Review Table (DR1) (shown below) for each CSA, and will use the DRT to compare the projected students from proposed residential developments to the CSA's planned growth, enrollment, capacity and utilization (LOS) over the Five-year period. The Development Review Table produces a calculation of the Level of Service for each school type in each CSA. Enrollment projections shall be based on the most recently adopted five year eapital plan and the DRT shall be updated to reflect these projections by November 1st of eaeh year. Page 5 of 20 BOOK 15124 PAGE 0029 SECTION 9. Article V.G. Term of School Concurrency is hereby amended as follows: A Letter of Determination for School Concurrency, issued by the SCHOOL DISTRICT, shall be valid for one year from the date of issuance. A determination may be extended for two consecutive six month periods providing the SCHOOL DISTRICT receives documentation that the application is progressing in good faith through the local government's review process. Once the Local Government Specific Development Order is issued, the concurrency determination shall run with the Development Order. SECTION 10. Article V.H. Suspension of Concurrency is hereby amended as follows: l(e) If concurrency is suspended in one-third or more of the CSA's pursuant to GH.2. of this section below. (Omitted for Brevity) 2(b) An annual first FTE count shows that an individual school exceeds the adopted LOS. and the SCHOOL DISTRICT has not maximized utilization and achieved the adopted LOS by the subsequent first FTE student count: The SCHOOL DISTRICT does not maximize utilization of school capacity by allowing a partieular CS.^.. or an individual sehool to exeeed the adopted Le><..el of Serviee (LOS); or (c) Where the School Board materially amends the first 3 years of the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan in accordance with Section m G., and that amendment causes the Level of Service to be exceeded for that type of school within a CSA, concurrency will be suspended within that CSA and the adjacent CSA's only for that type of school. Page 6 of 20 BOOK 15124 PAGE 0030 3. If the Program Evaluation and Monitoring Report in accordance with Section VI.M K., below, recommends that concurrency be suspended because the program is not working as planned, concurrency may be suspended upon the concurrence of 33% of the Parties to this AGREEMENT. SECTION 11. Article VI.J. Management Reports is hereby amended as follows: Management and Enrollment Reports By My-+ 54 November 1 st of each year the School Superintendent shall submit an annual management report to the School Board and TAG detailing the status of the SCHOOL DISTRICT's implementation of its adopted Five-Year Capital Facilities Plan. The Management Report will contain...... This report shall also contain the first FTE enrollment count of all schools of each type in each CSA and each individual school. SECTION 12. Article VI.K is hereby deleted as follows: K. Enrallment Reports The SCHOOL DISTRICT SUfleriBteBdeBt shall submit a yearly report on the first studeBt count of the seeond semester enrollmeBt of aU sehools of each type in eaeh CSl.. and each individ\:lal sehool by February 15th. SECTION 13. Article V.L. is hereby deleted as follows: L. MonitoriBg Reports The T,^..G shall review the informatioR Sl:lbmitted by the SCHOOL Superintendent and shall compile and submit a Fepert 8r.ffilally OR the following: Page 7 of 20 BOOK 15124 PAGE 0031 1. The accuracy of previous pupil enrollment projections compared with actual enrollment. 2. The accuracy of preyious population projections of each CS.\ compared \-'lith actual growth. 3. The accuracy of projected costs of school construction projects compared with actual c~ts. 1. The accuracy of projected school construction schedules compared with actual performance. .\ll ar..nual reports of the T.\G shall be submitted to the MUNICIP.\LITIES, the COUNTY and the SCHOOL BOARD by f..ugust 1. .^.ny interim T.\G report shall be submitted to the f)arties within five days of completion. SECTION 14. Article VI.M. Program Evaluation Report is hereby amended as follows: M. K. Program Evaluation and. Monitorin2 Report 1. On or before August 1, 2002, December 15. of each year or at the request of any party to this Agreement, TAG shall initiate complete an evaluation of the effectiveness of the program. This evaluation and Report shall consider but not be limited to the following: (a) Number of school concurrency suspensions by school type (b) Duration of school concurrency suspensions ( c) Ability to achieve and maintain the adopted LOS (d) Timeliness of parties' response required by this AGREEMENT. (e) Operation and effectiveness of the concurrency program. (f) The accuracy of previous pupil enrollment proiections compared Page 8 of 20 BOOK 15124 PAGE 0032 with actual enrollment"; (g) The accuracy of previous population proiections of each CSA compared with actual growth. {h} The accuracy of proiected costs of school construction proiects compared-with actual costs. 2. T,'\G shall issue a report on the findings and recommendations to all PARTIES by November 1, 2002, and every 2 years thereafter, and within 90 days after the request f-or reviev: by any party to this f..GREEMENT -=- The recommendations shall include, but not be limited to, suspension and changes to the following: SECTION 15. Article VIII.D. Coordinated Planning is hereby amended as follows: D. School District Data Publication The SCHOOL DISTRICT shall publish data concerning school capacity, including the enrollment of each individual school based on the first FTE student count first count of the second semester, the actual capacity of each school at the adopted level of service, the enrollment and capacity for all schools of each type in each concurrency service area. The SCHOOL DISTRICT shall specifically update the data upon meeting the following conditions: no later than fifteen (15) working days after the annual update of the SCHOOL DISTRICT's Five-Year Capital Facilities Plan; with the first FTE student count first count of the second semester each year; as new capacity becomes operational; when a SCS is approved; or as concurrency determinations are iS3.ld. Page 9 of 20 BOOK 15124 PAGE 0033 SECTION 16. Except as expressly set forth herein, all terms and conditions of the Interlocal Agreement remain in full force and effect. SECTION 17. This Amendment to the Interlocal Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 18. Upon this Amendment being signed by the last required party, this First Amendment to the Interlocal Agreement shall be filed with the Clerk of the Circuit Court. This First Amendment to the Interlocal Agreement shall take effect immediately on the date filed with the Clerk of the Circuit Court and shall continue until terminated. Page 10 of 20 ATTEST: BY(j;.t 'trJ. ~ ity Clerk BOOK 15124 PAGE 0034 CITY OF BOYNTON BEACH BY:_~A-1<2---f , - DATE: v , I :) -,. -~ ,; ~ ' ;: ~ R " q \ ',j,'l JtACH. FL BOOK 15124 PAGE 0035 PROGRAM EVALUATION REPORT In conformance with the adopted Interlocal Agreement (ILA) for School Concurrency, the Technical Advisory Group (TAG) is required to issue a Program Evaluation Report on the findings and recommendations to the participating local governments and the School Board by November 1, 2002, and every 2 years thereafter. Article VI. Section M 2, Interfocal Agreement, Page 42. The Program Evaluation Report may recommend Suspension or changes to the following components of concurrency: (a) Joint Planning and Coordination by parties to the Interlocal Agreement; (b) the LOS Standards; (c) the InterlocaJ Agreement; (d) the Public School Facilities Elem.ent's Goals, Objectives and Policies; (e) the CSA boundaries; (f) the local government Implementing Ordinance; and the (g) School District's Five-Year Capital Facilities Plan. In accordance with the Inter/ocal Agreement, on or before August 1, 2002, or at the request of any party to the Agreement, TAG shall initiate an evaluation of the effectiveness oj the program. This evaluation shall consider but not be limited to the following criteria: (a) Number of school concurrency suspensions by school type (b) Duration of school concurrency suspensions (c) Ability to achieve and maintain the adopted LOS (d) Timeliness of parties' response required by the Agreement (e) Operation and effectiveness of the concurrency program Article VI. Section M. 1, Interlocal Agreement. Page 42. On July 22, 2002, TAG, at its regularly scheduled meeting, initiated the preparation of the Program Evaluation Report. RESPONSE TO THE INTERLOCAL AGREEMENT CRITERIA FOR THE PROGRAM EVALUATION REPORT The regulatory part of School Concurrency officially commenced on June 27th 2002. The following is a summary of the program to date: 27 applications for school concurrency determination were received and approved; 2 applications for school adequate public facilities determination were received; 4 applications tor letters of no impact on the public school system; and 2 applications for equivalency determination due to change in development. (a) There have been no school concurrency Suspensions (b) Since there were no suspensions, duration of suspension is-not applicable (c) . The School District, through its recently adopted Five Year Capital Plan dated September 9th 2002, will provide enough cCipacity/student stations to maintain the tiered LOS and adopted LOS in accordance with the approved Interfocal Agreement and Public Educational Facilities Element of the local governments' Comprehensive Plans, except tor one concurrency service area (CSA), (CSA 10) S:\PJanning\PubJiC\lNTERGOV\ConcurrencY\T AG\PROGRAM EV ALVA TION Rev I02302.doc Page I BOOK 15124 PAGE 0035 In CSA 10, the high school, Royal Palm Beach High School, is project~d to exceed the maximum utilization of 120% for at least one year 2004/2005 until the new high school 02-NNN is opened in the Acreage area. High School 02-NNN is scheduled to open in August 2005 to accommodate the growth occurring in the Acreage area and to provide enrollment relief to Royal Palm Beach and Wellington High Schools. Instead of moving the children temporarily from Royal Palm Beach High School and Wellington High School to new high school 96-JJJ until 02-NNN opens, the School District's Attendance Boundary Committee (ABC) and the Community's preference is to allow these schools to temporarily exceed the r.naximum .ytilization while the reliever school (02 NNN) is under construction. The Interlocal Agreement presently does not allow for the LOS to exceed 120%, even with a School Capacity Study. The School District staff, under this Report's section entitled · Recommended Changes to the Adopted Interlocal Agreement,. will address this issue. (d) The majority of the local governments have been very cooperative, particularly the City of Greenacres, City of Lake Worth, the City of Palm Beach Gardens and the County. The School District is still working to obtain complete, accurate information from the Village of Wellington and the City of West Palm Beach. This coming year, the School District will make an effort to improve the coordination with these Cities by individually meeting with them and providing them with a format to submit information to the School District. (e) The Concurrency Program has been very effective in making the School District staff aware of upcoming residential developments and their phasing/construction schedules. The major accomplishment of this Program is strengthening the coordinated planning between the local governments and the School District. School District staff is aware of the local governments' development plans. changes in their comprehensive plans, and land use patterns. This aids the School District staff in preparing population projections and planning fo!:, schools when needed to serve the student population. To date the Program has been successful and is accomplishing its objective to bring coordinated planning to the school projection and construction process. S:\Planning\Public\INTERGOV\Concurreocy\T AG\PROGRAM EV ALVA TION Rev J02302.doc Page 2 BOOK 15124 PAGE 0037 RECOMMENDED CHANGES TO THE ADOPTED INTERLOCAL AGREEMENT After one year of working with the Interlocal Agreement and five months of implementation of school concurrency we have identified amendments to the Agreement to make it more realistic in implementation. The following is a list of suggested changes: Article I. Definitions Page 6 First FTE Student Count - A first semester count of all "full time equivalentD students. The date of the first FTE count is determined by the Florida Department of Education each school year, pursuant to Chapter 236.081, Florida Statutes. Article II.B. Required Concurrency Elements Page 11 3. Incorporate "The SCHOOL DISTRICT of Palm Beach County Six Year Capital Improvement ScheduleD which is in the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan into its adopted Capital Improvement Element, and upd3te th3t Schedule consistent v:ith the and keep on file the updated and adopted SCHOOL DISTRICT'S Five-Year Capital Facilities Plan in order to set forth a financially feasible public school capital facilities plan, consistent with the adopted Level of Service Standards for public schools. Article III. C Transmittal Page 17 The SCHOOL DISTRICT shall transmit copies of the proposed School District Five Year Capital Facilities Plan along with data and analysis necessary to demonstrate the financial and feasibility of the Program to the Technical Advisory Group (TAG), the MUNICIPALITIES and County on or before May 31 July 1 of each year commencing after the effective date of this AGREEMENT. Article III.F. Material Amendment to the School District's Five-Year Capital Facilities Plan Page 18 (b) That the modification, delay or deletion of a project is occasioned by unanticipated change in population projections or growth patterns or is required in order to provide needed capacity in a location that has a current greater need than the originally planned location and does not cause the adopted LOS to be exceeded in the CSA from which the originally planned project is modified, delayed or deleted; or (c) At the request of one of the parties to this aQreement, the proiect schedule or scope has been modified to address local Qovernment concerns, and the modification does not cause the adopted LOS to be exceeded in the CSA from which the oriQinally planned proiect is modified, delayed or deleted. Article III.G. Amend Comprehensive Plan Page 19 Once the SCHOOL DISTRICT'S Five-Year Capital Facilities Plan, tne annuclrupdate, or any material amendment has been adopted by the SCHOOL BOARD, the COUNTY aM M""1NJ.G.lldP,bl-~ shall amend "The SCHOOL DiSTRICT of Palm Beach County Six Year Capital Improvement ScheduleD of the Capital Improvement Element of tReif its Comprehensive Plans to include the changes in their next round of amendments. The COUNTY shall transmit the adopted copies of these amendments to all siQnatories of this aQreement within thirty (30) days of adoption. The MUNICIPALITIES in turn. shall follow procedures consistent with Rule 9J-5, Florida Administrative Code, to adopt the School District of Palm' Beach County Six Year Capital Improvement Schedule. S:\PJanning\Public\INTI:RGOV\ConcuJTency\T AG\PROGRAM EV Al..UAllON RevI02302.doc Page 3 BOOK 15124 PAGE 0038 Article V. C. level of Service Page 25 5. Upon determination by TAG, if a school is planned and under contract which will relieve capacity of an existinq school, the school shall be allowed to exceed the 120% maximum utilization for a period not to exceed 2 years. The former is intended to prevent the movement of students more than once. w. Any PARTY to this AGREEMENT may propose to the TAG a modification of the adopted LOS standard at any time. Following a review and recommendation by TAG and concurrence by at least 51% of the LOCAL GOVERNMENTS to this AGREEMENT and the SCHOOL BOARD, the adopted LOS will be modified by addendum to this AGREEMENT, and each LOCAL GOVERNMENT shall amend its comprehensive plan to reflect this new LOS in the next round of amendments. Article V.F.3. School District Review of New Residential Proposals Page 29 3. Determine Utilization - Analysis of Enrollment to Capacity for Five years: The SCHOOL DISTRICT shall create a Development Review Table (DRT) (shown below) for each CSA, and will use the DRT to compare the projected students from proposed residential developments to the CSA's planned growth, enrollment, capacity and utilization (LOS) over the Five-year period. The Development Review Table produces a calculation of the Level of Service for each school type in each CSA. Enrollment projections shall be based on the most recently adopted five year capital plan and the DRT shall be updated to reflect these proiections by November 1 st of each year. The Figures in the Development Review Table are explained below. Article V.G. Term of School Concurrency Page 35 A Letter of Determination for School Concurrency, issued by the School District, shall be valid for one year from the date of issuance. A determination may be extended for two consecutive six month periods providinQ the School District receives documentation that the application is proQressinq in Qood faith throuQh the local Qovernment's review process. Once the Local Government Specific Development Order is issued, the concurrency determination shall run with the Development Order. Article V.H. Suspension of School Concurrency Page 36 e) If concurrency is suspended in one-third or more of the CSA's pursuant to GH.2. of this Section below. (b) The SCHOOL DISTRICT does not maximize utilization of school capacity by allo\"Jing a p~rticular CSA or an individual school to exceed the ~dopted Level of Service (LOS); An annual 1 st FTE count shows that an individual school exceeds the adopted LOS. and the SCHOOL DISTRICT has not maximized utilization and achieved the adopted LOS by the subsequent 1 st FTE student count; or Article V.J. Management and Enrollment Reports Page 40 By JWy--+ &t November 1 st of each year the School Superintendent shall submit an annual management report to the School Board and TAG detailing the status of the School S:\Planning\Public\JNTERGOV\Concurrency\T AG\PROGRAM EV Ai..UA nON Rev I02302.doc Page 4 BOOK 15124 PAGE 0039 District's implementation of its adopted Five-Year Capital Facilities Plan... This report shall also contain the first FTE enrollment count of all schools of each type in each CSA and each individual school. (Delete Article V.K see above) Enrollment Reports Page 41 The SCHOOL DISTRICT Superintendent shall submit a yearly report on the first student count of the second semester enrollment of all schools of oach type in each CSA and each individual school by February 15th. Merged into Article v.J. (Delete Article V.l. see above) Monitoring Reports Page 41 The TAG shall roviev.' the information submitted by the SCHOOL Superintendent and shall compile and submit a report annually on the follO'.Ning: 1. The accuracy of previous pupil enrollment projections compared with actual enrollment. 2. The accuracy of previous population projections of each CSA compared with actual grO\~Jth. 3. The accuracy of projected costs of school construction projects compared with actual costs. 4. The accuracy of projected school construction schedules compared with actual performance. All annual reports of the TAG shall be submitted to the MUNICIPALITIES, the COUNTY and the SCHOOL BOi\.RD by August 1. :\ny interim TAG report shall be submitted to the p3rties within five days of completion. Merged into Article v.J. M. Program Evaluation and Monitoring Report 42 1. On or before August 1, 2002, December 15, of each year or at the request of any party to this Agreement, TAG shall initi3te complete an evaluation of the effectiveness of the program. This evaluation shall consider...... ............ 2. TAG shall issue a report on the findings and recommendations to all PARTIES by November 1, 2002, and every 2 years thereafter, and v:ithin 90 days after the request f-or review by any part to this AGREEMENT. The recommendations shall include, but not be limited to, suspension and changes to the following: (a) Joint Planning and Coordination S:\P:G"Ilini!\Public\INTERGOV\Concurrency\T AG\PROGRAM EV ALVA TION Rev I02302.doc Page 5 BOOK 15124 PAGE 0040 PROPOSED SCHOOL CAPACITY STUDIES According to the Interlocal Agreement, after August 1, 2004, a School Capacity Study is to be undertaken by TAG to determine if a particular school can operate in excess of 110% capacity. The School Capacity Study shall be required if the school reaches 108% or above FISH capacity. The following Table depicts schools from the School Dislrict's Five Year Capital Plan and their projected LOS that may exceed the permanent FISH capacity. Currently, the School District's Five Year Capital Facilities Program does not show relief planned through new construction, boundary adjustments, or additions. Elementary Projected Middle Projected High Schools Projected Schools 2004-05 Schools 2004-05 2004-05 LOS LOS LOS A. Mizner 109% W. B Duncan 108% P. B. Gardens 110% Melalueca 108% Polo Park 107% Royal Palm 125% Beach Coral Reef 108% Carver 109% Coral Sunset 108% Congress 110% A School Capacity Study will determine if the school: 1. Conforms with Article V.C.3 of the Interlocal Agreement for Public School Concurrency. (see below) 2. Demonstrates the facility's ability to accommodate more than 100% LOS, and 3. Demonstrates the ability of the school's program to allow the capacity to exceed 110% LOS of FISH up to'120% LOS. Article V. C. 3. The School Capacity Study provides: At a minimum, the (School Capacity) Study shall consider: (a) Demographics in the schools CSA; and (b) Student population trends; (c) Real estate trends, e.g. existing redevelopment and new redevelopment; and (d) T eacherlstudent ratios; and (e) Core facility capacity. The School capacity Study will present background, along with additional support data, including adjacent CSA capacity, analysis and assessment. 2. TAG shall issue a report on the findings and recommendations to all parties by November 1, 2002, and every 2 years thereafter, and within 90 days after the request for review by any party to this Agreement. The recommendations shalUnclude,-but not be limited to.. suspension and changes to the following: (a) Joint Planning and Coordination by Parties to this Agreement - The School District staff will prepare a format for obtaining consistent information from the local governments on a regular basis. This will ensure consistency of information. School District staff will also be meeting on an individual basis with the local governments zoning staff to periodically check that school S:\Planning\Public\INTERGOV\Concurrency\T AG\PROGRAM EV ALVA nON Rev I02302.doc Page 6 BOOK 15124 PAGE 0041 Dorothy H. Wilken, Clerk concurrency is being implemented in accordance with the Interlocal Agreement. (b) LOS Standards - If the proposed change to the Inter/ocal Agreement to allow for a temporary level of service while a school is being constructed is approved, changes to the LOS standards would not be necessary. (c) Interlocal Agreement - Recommended changes as staled in this Report. Please see attached ILA excerpts. (d) Goals, Objectives and Policies - Possible changes (e) CSA boUndaries - No changes recommended (f) Implementing Ordinance - No changes recommended (g) School District Five-Year Capital Facilities Plan.- Increase capacity at new high school NNN to 2500 and increase capacity at Jefferson Davis Middle School, and at 9911 to 1800 due to high growth as identified in the 11th day student enrollment Count. S:\Planning\PubliC\lNTERGOV'.COIlCUn'mcy\T AG\PROGRAM EV ALVA nON Rev 102302.doc Page 7