School Board Impact Fee AgmtINTERLOCAL AGREEMENT
(School Impact Fees)
THIS AGREEMENT entered into this E day of .Trees; 2007, by and between
OKEECHOBEE COUNTY, a political subdivision of the State of Florida, (County), and the
CITY OF OKEECHOBEE, a Florida municipal corporation, (City) and the SCHOOL
DISTRICT OF OKEECHOBEE COUNTY, FLORIDA (School Board).
WHEREAS, the County has adopted a School Impact Fee Ordinance to address the need
for school facility capital improvements in Okeechobee County; and
WHEREAS, the City, the County, and the School Board wish to enter into this inter -
local agreement to provide for the collection of school impact fees within unincorporated area of
the County and within the municipal boundaries of the City; as well as to provide for the proper
expenditure of school impact fee funds by the School Board.
NOW, THEREFORE, IT IS AGREED as follows:
1. The City agrees to:
a. Collect the applicable school impact fee as provided in the Okeechobee
County School Impact Fee Ordinance.
b. Maintain all records of the school impact fees collected including the
name, address, and amount paid. The City shall, on a monthly basis, provide
copies of such records to the County and to the School Board, with the copies
being provided by the 15th day of each month reflecting collections received the
previous month.
c. Remit to School Board all funds collected as school impact fees. The City
may impose an administrative charge of not more than three percent (3 %) of the
funds collected which may be kept by City as reimbursement for the its actual
cost of collection of the funds. The City shall remit the impact fee funds to the
School Board, by the 15th day of the month following collection.
d. Notify the County Administrator or his designee when there is a request
for a development permit for a residential use that is not designated in the school
impact fee ordinance fee schedule.
[7000- 71210.DOC]
e. Notify the County Administrator or his designee and the School Board
when there is an offer to donate or construct part of a school capital improvement
project by a developer in the City, in lieu of paying all or part of the school impact
fee.
f. Provide the County and the School Board on October 1 of each year,
annual financial reports and information pertaining to the collection of school
impact fees by the City.
2. County agrees to:
a. Collect the applicable school impact fee as provided in the Okeechobee
County School Impact Fee Ordinance.
b. Provide to the City, administrative procedures and administrative
assistance in setting up bookkeeping and other accounting procedures necessary
for City to collect the fee.
c. Maintain all records of the school impact fee including the name, address,
and amount paid. The County shall, on a monthly basis, provide copies of such
records to the School Board, with the copies being provided by the 15th day of
each month reflecting collections received the previous month.
d. Remit to School Board all school impact fees funds collected. The County
may impose an administrative charge of not more than three percent (3 %) of the
funds collected which shall be kept by County as reimbursement for the its actual
cost of collection of the funds. The County shall remit the impact fee funds to the
School Board, by the 15th day of the month following collection.
3. School Board agrees to:
a. Expend impact fee funds for the sole purpose of providing school facility
capital improvements in the School Board's Financially Feasible 5 -year District
Facilities Work Program that will increase school capacity necessitated by the
development that paid impact fees in a manner that will demonstrably benefit the
payers of the impact fees as provided in the Okeechobee County School Impact
Fee Ordinance.
b. Provide to the County and the City, on August 1 of each year, annual
financial reports and information showing how impact fees were used during the
[7000- 71210.DOC] 2
School Board's previous fiscal year and how impact fees are planned to be used
during the School Board's current fiscal year.
c. Notify the County and the City when it has received an offer by a developer
to donate or construct all or part of a school capital facility improvement in lieu
of payment of all or part of the school impact fee as provided in the School
Impact Fee Ordinance, and whether it has accepted or rejected the offer.
d. Notify the County and the City when it has received a request for a refund
as provided in the School Impact Fee Ordinance.
e. Comply with requirements of the Okeechobee County School Impact Fee
Ordinance.
f. To the extent legally permissible, the School Board shall hold the County
and the City harmless should any suit or legal action be brought to contest the
validity of the school impact fee ordinance or to contest the amount of any
impact fee imposed or collected pursuant to the school impact fee ordinance.
The School Board agrees to provide any legal defense necessary at no cost to the
City or the County. Should a Court of competent jurisdiction order a refund of
all or part of any school impact fee or should any refund be agreed to by the
School Board, the refund shall be paid solely by the School Board.
4. The School Board shall have the final authority and responsibility as provided in the
School Impact Fee Ordinance as to whether to accept an offer by a developer to donate or
construct all or part of a school capital improvement in the School Board's Financially
Feasible 5 -year District Facilities Work Program in lieu of payment of all or part of the
school impact fee.
5. The School Board shall have the final authority and responsibility for the use and
expenditure of impact fee monies pursuant to the School Impact Fee Ordinance.
6. This Agreement embodies the whole understanding of the parties. There are no
promises, terms, conditions or obligations other than those contained herein; and this
Agreement shall supersede all previous communications, representations, or agreements,
either verbal or written, between the parties hereto.
[7000 -71 210.DOC]
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7. This Agreement shall be effective for a period of ten (10) years beginning on the date that
all parties have executed this Agreement. The Agreement may be amended, terminated
or extended upon mutual written agreement of all parties.
IN WITNESS WHEREOF the parties hereto have caused the execution hereof by their
duly authorized officials on the dates stated below.
BOARD OF COUNTY COMMISSIONERS
OKEECHOBEE COUNTY, FLORIDA
ATTEST:
Clerk
SHARON ROBERTSON, CLERK
ATTEST:
ke (2/32(15/1(L,
Clerk , Lane cniatea, Q�
[7000- 71210.DOC]
Chairman
DATE: 3 je/doo-7
APPROVED AS TO FORM AND
CORRECTNESS:
CITY OF OKEECHOBEE, FLORIDA
Mayor
DATE: Approved by City Council cn April 17.- 2007
APPROVED AS TO FORM AND
CORRECTNESS:
By:�'
City Attorney
4
ATTEST:
l�411 -1 ,
Superintendent
SCHOOL BOARD OF OKEECHOBEE
COUNTY, FLORIDA
DATE: 5 $ - rga c `7
APPROVED AS TO FORM AND
CORRECTNESS:
[7000-71210.DOC] 5
Jun 19 07 09:25a Superintendent's Office
, 1
863 - 462 -5151 p.9
Minutes of
Okeechobee County School Board Meeting
May 8, 2007
Tom Conely asked Candy Wacker what the Union's position is on the Superintendent's recommendation
to ratify the Performance Pay Plan. Magi Cable answered that they recommend that the Board go
ahead with approval. Candy Walker stated that when both sides leave the table with tentative
agreement, it means that they both believe that is the best that they can do.
Member India Riedel stated that she was unhappy to find out that one site did not have a ballot box, but
that a vote was taken and should not be revoted. She commented that the Board negotiated in good
faith across the bargaining table and the two parties came to agreement on a plan and what they would
do. Therefore, Ms. Riedel stated, she planned to vote for the performance based pay plan now before
the Board for approval. Vice Chairman Owens noted that the Board is getting every indication that the
Union will not agree to go back to the table if the recommendation is tabled.
Member David Williams called the question. The Board voted 3 in favor and 2 opposed to ratify a
Memorandum of Understanding and approve the Performance Based Pay Plan for the 2006 -07 school
year. Those opposed were Joe Arnold and Gay Carlton.
On the recommendation of Superintendent Cooper and a motion by KeIIy Owens, seconded by David
Williams, the Board voted unanimously to approve advertisement of a revised job description for the
Director of Career & Technical Programs. This position was formerly titled Director of Vocational, Adult
& Community Education. The qualifications for the position have been revised to include the following:
• A Master's Degree from an accredited educational institution; or
• Certification in Educational Leadership. School Principal, or Vocational Director; or
• A minimum of three (3) years successful vocational teaching experience.
On the recommendation of Superintendent Cooper and a motion by Gay Carlton, seconded by Kelly
Owens, the Board voted 4 -0 to approve the Interlocal Agreement for School Impact Fees. Member
India Riedel abstained from the vote due to conflict of interest based upon her employment by the
Okeechobee City Finance Department which will receive funds from impact fees. This agreement is to
be entered into by and between the School Board, the City of Okeechobee and the County of
Okeechobee, Florida, to stipulate the collection and expenditure of impact fees.
On the recommendation of Superintendent Cooper and a motion by Kelly Owens, seconded by Gay
Carlton, the Board voted unanimously to approve a 3-year contract with Riverside Land Maintenance,
Inc. for lawn mowing services at the rate of $175.00 per cut, not to exceed 45 cuts per year unless
agreed upon by both parties, for internal areas of the school including the kindergarten playground.
At this point, the meeting was turned over from Chairman Arnold to Vice Chairman Owens. Chairman
Amold explained that he needed to leave due to an obligation to teach at Indian River Community
College_
On the recommendation of Superintendent Cooper and a motion by India Riedel, seconded by David
Williams, the Board voted 4-0 in favor to approve a contract with A Child's World Child Care &
Preschool to provide Summer Voluntary Prekindergarten (VPK).
On the recommendation of Superintendent Cooper and a motion by Gay Carlton, seconded by India
Riedel, the Board voted 4-0 in favor to approve payment of $62.50 per hour for up to five (5) 8 -hour
days to Greg McDonald, Data Consultant, for consulting services rendered for the new migrant priority
of services database, training, and technical support as required by the Department of Education.
On the recommendation of Superintendent Cooper and a motion by Gay Carlton, seconded by India
Riedel, the Board voted 4-0 in favor to approve an Executive Session on Tuesday, June 19, 2007, at
Book IS 8
O c-}
Board declined to take action.
RECESS
9. SCHOOL IMPACT FEES
County Attorney Cassels read the title of the proposed Ordinance 2007 -01 for the
implementation of school impact fees. A public hearing was held on February 8, 2007 to
consider adoption of the School Impact Fee Ordinance. A vote was deferred until the Planning
Board, acting as the Local Planning Agency (LPA), could review the matter and determine
consistency with the County's Comprehensive Plan.
The LPA has since determined the adoption of impact fees as proposed is consistent
with the Okeechobee County Comprehensive Plan.
Commissioners were provided a copy of the proposed ordinance together with the
School Impact Fee Study and Interlocal Agreement between the City of Okeechobee, the
County and School Board to provide for the collection of school impact fees within
unincorporated areas of the County and within the municipal boundaries of the City.
Staff recommended the Board of County Commissioners consider the adoption of the
proposed Ordinance for the implementation of the Okeechobee School Impact Fee.
Staff recommended the Board of County Commissioners review the proposed Interlocal
Agreement and authorize the Chairman to execute the Agreement and forward same to the
City and School Board.
Walter Keller was recognized. Mr. Keller advised that, following review by the Board of
County Commissioners, he believed the ordinance to be appropriate for adoption this date.
In response to Commissioner Betts' request, County Attorney Cassels advised
regarding the expected progression of events to develop the proposed ordinance and how it
should tie -in with the County's consideration of a like- ordinance to implement county impact
fees.
MOTION WAS MADE BY COMMISSIONER BETTS TO ADOPT ORDINANCE 2007 -01
ADOPTING OKEECHOBEE COUNTY SCHOOL IMPACT FEES; PROVIDING
DEFINITIONS; PROVIDING FOR FINDINGS AND DECLARATIONS; PROVIDING FOR THE
IMPOSITION OF SCHOOL IMPACT FEES; PROVDING FOR EXEMPTIONS; PROVIDING
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FOR THE ACCOUNTING AND USE OF FUNDS; PROVIDING IMPACT FEE SCHEDULES;
PROVIDING FOR REVIEW AND REVISION; PROVIDING FOR CONSTRUCTION OR
DONATION OF PROPERTY IN LIEU OF IMPACT FEE PAYMENTS; PROVIDING FOR
REFUNDS; PROVIDING FOR APPEALS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE. SECONDED BY COMMISSIONER WHERRELL. Commissioner Betts
initiates discussion with Mr. Keller regarding item #9 of the proposed ordinance. Chair Dourer
called for a vote on this motion. MOTION CARRIED UNANIMOUSLY.
MOTION MADE BY COMMISSIONER BETTS TO ACCEPT AND AUTHORIZE CHAIR TO
EXECUTE THE OKEECHOBEE SCHOOL IMPACT FEE INTERLOCAL AGREEMENT AND
FORWARD THE AGREEMENT TO THE CITY AND THE SCHOOL BOARD FOR THEIR
APPROVAL. SECONDED BY COMMISSION WHERRELL. Chair Domer called for a vote on
this motion. MOTION CARRIED UNANIMOUSLY.
8. WALTER KELLER — IMPACT FEES (Heard After Item #9)
Staff recommended the Board of County Commissioners receive the amended final
report and impact fee schedules from Walter Keller.
Walter Keller was recognized. Mr. Keller handed out copies of the County Impact Fee
Study Final Report. The following information was presented by Mr. Keller:
• Corrections to SW 28th Street and SW 32nd Street, both to remain 2 -lane streets to
serve as a connector to the newly proposed by -pass route
• Mobile homes established on single family lot to be considered single family home
• Mobile homes established in a mobile home park to be considered mobile home
• Detail regarding development of the impact fee schedule as presented
• Revisions applicable to non - residential uses
• Fire Rescue impact fee - no substantial changes from previous draft
• Final impact fee schedule for Corrections - Corrections fee may need a more refinement
Mr. Keller made himself available to address commissioners' questions / concerns
relating to the proposed impact fee program.
At the request of Chair Domer, Mr. Keller presented a brief review for the capital
improvement program for that portion of impact fees allocated to Roads, specifically for SW
32nd and SW 28th Streets. There was brief discussion between Mr. Keller and Chair Domer on
this subject.
9
756
APRIL 17, 2007 - REGULAR MEETING - PAGE 5 OF 8
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VIII.
NEW BUSINESS CONTINUED.
C. Motion to adopt proposed Resolution No. 07 -05 regarding
the 457 Deferred Compensation Plan continued.
D. Motion to approve an Interlocal Agreement for School
Impact Fees - City Administrator (Exhibit 4).
Attorney Cook read the Resolution by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA,
ESTABLISHING A DEFERRED COMPENSATION PLAN TO BE ADMINISTERED BY THE ICMA RETIREMENT
CORPORATION; PROVIDING SOME OR ALL OF THE FUNDS HELD UNDER SUCH PLAN BE INVESTED IN THE
VANTAGE TRUST COMPANY; PROVIDING THAT THE ACCOUNTS SUPERVISOR WILL BE THE COORDINATOR FOR
THIS PROGRAM, AND PROVIDING AN EFFECTIVE DATE."
Administrator Whitehall added that several employees have inquired about these types of plans. The Council discussed whether
the services should be bid out? It was explained that ICMA -RC was already serving the City for the Administrator's pension fund,
as allowed by his employment services contract. It is the same program, only the amounts wilt change. Attorney Cook confirmed
that it should not violate any type of purchasing regulation. Mr. Sizemore will conduct meetings with City Employees to explain
the plan and benefits of participation. Minimum employee participation is not a requirement.
VOTE _
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
Council Member Watford moved to approve an Interlocal Agreement for School Impact Fees; seconded by Council Member
L. Williams.
The agreement was discussed between the Council and Administrator Whitehall. The main concern stated by the Mayor and
Council Members was the fact that everyone has been under the impression that the Impact Fee agreements would all take
place at the same time. However, what has occurred instead is the School Board was able to get theirs adopted. The County
adopted their last week. The City has not been presented with a final document by Mr. Keller. Administrator Whitehall was
instructed by the Mayor and Council to express to Mr. Keller their frustration on this matter and that they request his
appearance at the next City Council Meeting.
VOTE
KIRK - YEA MARKHAM - YEA WATFORD - YEA
C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED.
Board of County Commissioners
Okeechobee County
March 29, 2007
Lane Gameotea, Clerk
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, Florida 34974
Re: Interlocal Agreement / School Impact Fees
Dear Lane,
304 N.W. 2nd Street
Okeechobee, Florida 34972
863 - 763 -6441
Fax 863 - 763 -9529
Please find enclosed three (3) originals of the above referenced interlocal agreement.
All three (3) have been approved by the Board of County Commissioners and executed
by the Board Chairman.
Upon approval, and execution of the document by the City, please forward all three (3)
originals to the School Board for execution. Once all three (3) originals have been fully
executed, one (1) each should be forwarded to the City, County and School Board. We
have enclosed a self- addressed envelope for the County's copy.
Please do not hesitate to contact our office if there are questions or if additional
information is needed. Thank you for your cooperation and may we assure you of ours
in all matters of mutual concern.
Sincerely,
Debra Lewis
Deputy Clerk to Board
Of County Commissioners
Ray R. Domer
District 1
Noel Chandler
District 2
Clif Betts, Jr.
District 3
Marvin Wherrell
District 4
Elvie Posey George A. Long
District 5 County Administrator
City of Okeechobee
Office of the City Clerk
April 18, 2007
Dr. Patricia Cooper, Superintendent
Okeechobee County School Board
700 Southwest 2nd Avenue
Okeechobee, Florida 34974
Re: Interlocal Agreement/School Impact Fees
Dear Dr. Cooper,
Enclosed you will find three (3) originals of the above referenced interlocal agreement
to be executed by the Okeechobee County School Board. Once executed please
forward one (1) original each to the appropriate party. Self- addressed envelopes have
been enclosed. Should you have any questions, please contact my office at (863) 763-
3372 ext. 215. With best regards, I am
Sincerely,
Olt
Lane Gamiotea, CMC
City Clerk
LG /me
Enclosures
55 S.E. Third Avenue • Okeechobee, Florida 34974 -2932 • (863) 763 -3372 • Fax: (863) 763 -1686
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