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Agenda 10/12/2010 Item #10A Agenda Item No. 10A October 12, 2010 Page 1 of 6 EXECUTIVE SUMMARY Report on the status of State and local efforts connected with the potential location of a Florida Institute for Personalized Medicine operated by Jackson laboratory and the proposed development of a regional biomedical research campus on surrounding acreage OBJECTIVE: Brief the Board of County Commissioners on the most current developments associated with the potential location of Jackson Laboratory and the greater regional biomedical research campus. CONSIDERATIONS: The project know as the Jackson Laboratory Institute for Personalized Medicine has eVDlved over the past six months with increasing discussion between the Laboratory and the State's respective economic development agencies - Enterprise Florida and the Office of Trade Tourism and EconDmic Development (OTTED). The Institute is proposed to be the centerpiece of a larger biomedical research campus on 700 acres of land located in the Ave Maria Stewardship Receiving Area. Educational partners exploring joint ventures with the Institute include the University of SDuth Florida, EdisDn State CD liege and Florida Gulf Coast University. Further interest continues to be discussed amDng the medical and research community. State Legislation and Potential State Flow of Funds: On May 28, 2010, Governor Charlie Crist signed into Law the State's budget which set aside $50,000,000 in year one within the InnDvation Incentive Fund as part of a maximum three year $130,000,000 commitment subject tD annual appropriatiDn. In discussiDns before the Board of County Commissioners, directiDn is clear that the local funding sources will not be committed ahead of the state flow of dollars. In fact, the legislation prDvides that __."Iocal matching funds will be adopted by the local government within 120 days of the grant award frDm OTTED and such local commitment must include at least $130,000,000 of cash, committed future revenues which OTTED determines to have a value Df $130,000,000, land or infrastructure, or some combination thereDf equaling $130,000,000". While the legislatiDn appropriating dollars from the State has been passed, a series of state efforts are underway which may lead to actual deposit of funds within OTTED's economic development trust fund. Currently Enterprise Florida is conducting required economic analysis to determine if the Collier County project meets criteria established within the State's innovation Incentive Program. UpDn completion ofthe econDmic analysis by Enterprise Florida, the project is forwarded to OTTED for review and signoff prior to submitting the project to the Legislative Budget Commission (LBC). It is anticipated that the LBC will consider the project within the next sixty (60) days according to the latest reports from Enterprise Florida. Once the LBC apprDves the project, a contract will be negotiated with the Laboratory and then State funds could be released into a trust fund. "...- Concern on the local level cDntinues to focus on how the State funds will be disbursed. Will $50,000,000 be available up front fDr use in facility construction or will the state funds be disbursed periodically over time once operatiDnal perfDrmance benchmarks are satisfied? Answers to these questions have not yet been received frDm the State, making it difficult to know the specific requirements for the local funding commitment. Agenda Item NO.1 OA October 12. 2010 Page 2 of 6 Local Fundinj! Commitment: With no guarantee that the State will appropriate the remaining $80,000,000 in years two and three, and knowing that the local commitment will not step ahead of the State's flow of funds, planning at the local level to explore potential financing options for construction of a personalized medicine facility has focused on traditional financing methods and other financing opportunities that may be available as the details of the project are determined. The following table provides a summary of the staff options explored to date; Assumption Financing Option Funding Source Funding County Requirements Investment Security A. State releases full Issue special All legally Bond Counsel has To be $50,000,000 for obligation revenue available non-ad- advised that negotiated immediate draw bonds under a va lorem issuance will with the local compelling local covenant to budget revenues. Will require bond Developer and match of and appropriate likely require a validation to affected $50,000,000 within (CB&A) new non-ad- determine a IIvalid parties; could 120 days valorem revenue public purpose". include source (Le. Process likely to exchange of franchise fee); extend three (3) land or cash level annual debt to six (6) months remittances at service estimated depending upon building at 5% over 15 legal challenges. permit years equals $4.8M. Total No referendum estimated P&I is required $72M General Obligation Ad Valorem Referendum Similar Bond Revenue; similar required repayment terms Agenda Item NO.1 OA October 12, 2010 Page 3 of 6 Assumption Financing Option Funding Source Funding Cou nty Requirements Investment Secu rity County appropriates Inter-fund loans Separate Similar $28,000,000 through to be repaid by a financing to repay inter-fund loans in FY separate the inter,fund 11 and procures financing; other loans would remaining new non ad require bond $22,000,000 from valorem revenue validation to other local sources source or within determine a "valid the County's public purpose"; existing revenue local source structure commitment for remaining funding undetermined B. State Funding Procure public- Private Financing County lease Similar disbursed over time private partnership secured by local payments from requiring as much as (P3) financing to credit through generai revenues I $100,000,000 up construct the facility annual lease ! bolstered by front from non State payments from franchise fee sources to construct the County, local the personalized developer and/ medicine facility or the Laboratory Local developer Developer County lease Similar constructs facility Financing payments from partially secured general revenues by annual County bolstered by payments under franchise fee a facilities agreement between the developer, county and laboratory i The Board of County Commissioners, on September 14, 2010 directed the County Manager to initiate the bond validation process after it was determined by Bond Counsel that the issuance of debt secured by non ad valorem revenues would require a "Public Purpose Validation". Pursuing this validation would provide flexibility in the event the project proceeds and the Board directs County Manager or his designee to issue bonds in connection with the project. Should it be determined that the issuance of non ad-valorem speciai revenue debt is appropriate for this project, a new revenue source will likely be required for debt repayment in iight of continued declining taxable value and our millage neutral position. Institution of a franchise fee has been discussed and can be instituted by simple majority vote on the enabling resolution by the Board with the distribution of Agenda Item No. 10A October 12, 2010 Page 4 of6 franchise fee proceeds to follow 90 - 120 days hence, These dollars flow directly to the County from the applicable electric utility, It is likely based upon current information from the State that the County will not know the availability nor disbursement schedule of State funds until mid November at the earliest. Enterprise Florida officials have indicated that their economic analysis is still in process and that their data analysis is only associated with the Laboratory and not the biomedical cluster contemplated in the WEG report. Zoning: Current zoning would accommodate and allow the Jackson Laboratory facility to be constructed on approximately SO acres within the Ave Maria sRA/DRI in Town Center 2 along Camp Keais Road with no further review, However, this is not the proposed site. The State Department of Community Affairs has indicated that Board action is likely required to formalize the transfer of an approved land use from one location within the sRA to another. Of course Board action would be preceded by a recommendation from the Planning Commission. Development of the larger Biomedical Cluster and research campus proposed in the new Town Center along Oil Well Road will require approval through several processes and can be defined in two phases. During phase one, the applicant would adjust the mix of approved land uses and attempt to maintain a neutral regional impact. This phase would include approximateiy 500,000 additional square feet of ancillary uses that would compliment phase 1. In order to remain regionally insignificant, a corresponding reduction would take place of other non similar uses. This phase would require a review by the RPC, DCA, FOOT and the local government through a Notice of Proposed Change (NOPe). The review would confirm that no substantial deviation has occurred and it is not regionally significant. This review would also go through a CCPC and BCC public hearing process. The final zoning phase is more speculative as it would be to complete the entire Biomedical Cluster which is estimated at 3 million square feet of research, educational and medical uses as well as an approximate 750,000 square foot teaching hospital. This phase could be accomplished through an NOPC, Substantial Deviation application or a new sRA village application. This review would also go through a CCPC and BCC public hearing process. Agenda Item No. 10A October 12, 2010 Page 5 of 6 Next Steps: While uncertainty exists over the final commitment of State dollars, the use ofthose dollars and the disbursement schedule, continued due diligence on matters of local financial participation, zoning and securing any County investment in the project is recommended. The Board has directed the County Manager to proceed with "Public Purpose Bond Validation" and soliciting private equity interest in project financing. The required resolution to begin the bond validation process will be considered at the October 12, 2010 BCC meeting. Actions are also underway to identify, qualify and solicit potential private equity investors with the assistance of the County's Financial Advisor firm. The County Manager will continue to communicate with the State agencies - Enterprise Florida and OTTED pending final resolution of the State's funding component. It is important to note that the State budget appropriation statute authorizing funding for this project states that if all requirements are not met by March 1, 2011, the State funds provided shall revert to the General Revenue Fund. LEGAL CONSIDERATIONS: This is simply a status report. No legal issues are raised. -JAK RECOMMENDATIONS: It is recommended that the Board accept this status report. PREPARED BY: Leo E. Ochs, Jr., County Manager and Mark Isackson, Director, Corporate Financial and Management Services, County Manager's Office Agenda Item No. 10A October 12, 2010 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10A Report on the status of State and Local efforts connected with the potential location of a Florida Institute for Personalized Medicine operated by Jackson Laboratory and the proposed development of a regional biomedical research campus on surrounding acreage. (Mark Isackson, Director, Corporate Financial and Management Services, County Manager's Office) 10/12/20109:00:00 AM Meeting Date: Prepared By Mark Isackson ManagementfBudget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 10/6/20108:39:57 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 10/6/20106:32 PM