Loading...
HomeMy WebLinkAbout2023 07 10 Regular 504 - 3rd Generation Infrastructure Surtax - Revised Project List.pdfREGULAR AGENDA ITEM 504 CITY COMMISSION AGENDA | JULY 10, 2023 REGULAR MEETING TITLE 3rd Generation Infrastructure Surtax - Revised Project List SUMMARY On March 10, 2014 the City of Winter Springs entered into an Interlocal Agreement with Seminole County, the School Board of Seminole County and the Municipalities pertaining to the shared distribution and use of the one-cent local government infrastructure surtax (Attachment 2). Exhibit C of that agreement lists the various projects as initially submitted by Winter Springs which totals $19M. Section 2(a) of the Interlocal Agreement states, “It is the intent of the parties to improve the infrastructure of the Seminole County public school system and other public infrastructure within COUNTY and its MUNICIPALITIES so as to provide acceptable levels of services to the residents thereof. Infrastructure shall mean those capital expenditures defined in Section 212. 055(2)(d), Florida Statutes (2013) and more particularly described in Exhibits A, B, and C to this Agreement and incorporated herein by reference.” Attachment 3 of this agenda item presents Florida Statute 212.055(2) in its entirety. Section 3(c) of the Agreement sets forth the manner in which the City’s Exhibit C projects may be deleted or added: The project list that was initially set forth for the City of Winter Springs can be found on pdf pages 40-41 of the Interlocal Agreement. The proposed revisions are enumerated in Attachment 1 and in the Proposed column of sub-groups that follow. If approved, Attachment 1 of this agenda would become Exhibit C of the Interlocal Agreement. A reprioritization was presented to the Commission on July 13, 2020 Consent Agenda Item 302. This schedule of infrastructure project was amended again with Consent Agenda Item 302 on March 13, 2023. At the end of Fiscal Year 2022, the City was impacted by Hurricane Ian, one of the largest natural disasters that Seminole County has ever experienced. Although many of the repairs have been completed, there are still many needs in a City-wide stormwater system rehabilitation project which is a focus in the FY24 budget. Eligible damage repair projects will be submitted to FEMA for public assistance. Any expenditures paid for with the 3rd Gen Infrastructure Tax and recovered through FEMA grants will be reimbursed to the the Infrastructure Tax Fund. 415 City Staff finds the need to reprioritize infrastructure projects for a second time this year which is presented in Schedule 1 (attached). The revised total remains unchanged from the original $19M value. RECOMMENDATION Staff recommends the City Commission approve the revised list attached to amend it as deemed necessary and to authorize the Interim City Manager and City Attorney to prepare and execute any and all applicable documents. 416 Attachment 2 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 Florida Statute 212.055(2) Attachment 2 LOCAL GOVERNMENT INFRASTRUCTURE SURTAX (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.— (a)1. The governing authority in each county may levy a discretionary sales surtax of 0.5 percent or 1 percent. The levy of the surtax shall be pursuant to ordinance enacted by a majority of the members of the county governing authority and approved by a majorit y of the electors of the county voting in a referendum on the surtax. If the governing bodies of the municipalities representing a majority of the county’s population adopt uniform resolutions establishing the rate of the surtax and calling for a referendum on the surtax, the levy of the surtax shall be placed on the ballot and shall take effect if approved by a majority of the electors of the county voting in the referendum on the surtax. 2. If the surtax was levied pursuant to a referendum held before July 1, 1993, the surtax may not be levied beyond the time established in the ordinance, or, if the ordinance did not limit the period of the levy, the surtax may not be levied for more than 15 years. The levy of such surtax may be extended only by approval of a majority of the electors of the county voting in a referendum on the surtax. (b) A statement which includes a brief general description of the projects to be funded by the surtax and which conforms to the requirements of s. 101.161 shall be placed on the ballot by the governing authority of any county which enacts an ordinance calling for a referendum on the levy of the surtax or in which the governing bodies of the municipalities representing a majority of the county’s population adopt uniform resolutions calling for a referendum on the surtax. The following question shall be placed on the ballot: FOR the -cent sales tax AGAINST the -cent sales tax (c) Pursuant to s. 212.054(4), the proceeds of the surtax levied under this subsection shall be distributed to the county and the municipalities within such county in which the surtax was collected, according to: 1. An interlocal agreement between the county governing authority and the governing bodies of the municipalities representing a majority of the county’s municipal population, which agreement may include a school district with the consent of the county governing authority and the governing bodies of the municipalities representing a majority of the county’s municipal population; or 2. If there is no interlocal agreement, according to the formula provided in s. 218.62. Any change in the distribution formula must take effect on the first day of any month that begins at least 60 days after written notification of that change has been made to the department. (d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by the school district, within the county and municipalities within the county, or, in the case of a negotiated joint county agreement, within another county, to finance, plan, and construct infrastructure; to acquire any interest in land for public recreation, conservation, or protection of natural resources or to prevent or satisfy private property rights claims resulting from limitations imposed by the designation of an area of critical state concern; to provide loans, grants, or rebates to residential or commercial property owners who make energy efficiency improvements to their residential or commercial property, if a local government ordinance authorizing such use is approved by referendum; or to finance the closure of county-owned or municipally owned solid waste landfills that have been closed or are required to be closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for purposes of landfill closure before July 1, 460 1993, is ratified. The proceeds and any interest may not be used for the operational expenses of infrastructure, except that a county that has a population of fewer than 75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance costs associated with landfill closure. Counties, as defined in s. 125.011, and charter counties may, in addition, use the proceeds or interest to retire or service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified. 1. For the purposes of this paragraph, the term “infrastructure” means: a. Any fixed capital expenditure or fixed capital outlay associated with th e construction, reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years, any related land acquisition, land improvement, design, and engineering costs, and all other professional and related costs required to bring the public facilities into service. For purposes of this sub-subparagraph, the term “public facilities” means facilities as defined in s. 163.3164(39), s. 163.3221(13), or s. 189.012(5), and includes facilities that are necessary to carry out governmental purposes, including, but not limited to, fire stations, general governmental office buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing authority or another governmental entity. b. A fire department vehicle, an emergency medical service vehicle, a sheriff’s office vehicle, a police department vehicle, or any other vehicle, and the equipment necessary to outfit the vehicle for its official use or equipment that has a life expectancy of at least 5 years. c. Any expenditure for the construction, lease, or maintenance of, or provision of u tilities or security for, facilities, as defined in s. 29.008. d. Any fixed capital expenditure or fixed capital outlay associated with the improvement of private facilities that have a life expectancy of 5 or more years and that the owner agrees to make available for use on a temporary basis as needed by a local government as a public emergency shelter or a staging area for emergency response equipment during an emergency officially declared by the state or by the local government under s. 252.38. Such improvements are limited to those necessary to comply with current standards for public emergency evacuation shelters. The owner must enter into a written contract with the local government providing the improvement funding to make the private facility available to the public for purposes of emergency shelter at no cost to the local government for a minimum of 10 years after completion of the improvement, with the provision that the obligation will transfer to any subsequent owner until the end of the minimum period. e. Any land acquisition expenditure for a residential housing project in which at least 30 percent of the units are affordable to individuals or families whose total annual household income does not exceed 120 percent of the area median income adjusted for household size, if the land is owned by a local government or by a special district that enters into a written agreement with the local government to provide such housing. The local government or special district may enter into a ground lease with a public or private person or entity for nominal or other consideration for the construction of the residential housing project on land acquired pursuant to this sub-subparagraph. f. Instructional technology used solely in a school district’s classrooms. As used in this sub- subparagraph, the term “instructional technology” means an interactive device that assists a teacher in instructing a class or a group of students and includes the necessary hardware and software to operate the interactive device. The term also includes support systems in which an interactive device may mount and is not required to be affixed to the facilities. 2. For the purposes of this paragraph, the term “energy efficiency improvement” means any energy conservation and efficiency improvement that reduces consumption through conservation or a more efficient use of electricity, natural gas, propane, or other forms of energy on the property, including, but not limited to, air sealing; installation of insulation; 461 installation of energy-efficient heating, cooling, or ventilation systems; installation of solar panels; building modifications to increase the use of daylight or shade; replacement of windows; installation of energy controls or energy recovery systems; installation of electric vehicle charging equipment; installation of systems for natural gas fuel as defined in s. 206.9951; and installation of efficient lighting equipment. 3. Notwithstanding any other provision of this subsection, a local government infrastructure surtax imposed or extended after July 1, 1998, may all ocate up to 15 percent of the surtax proceeds for deposit into a trust fund within the county’s accounts created for the purpose of funding economic development projects having a general public purpose of improving local economies, including the funding of operational costs and incentives related to economic development. The ballot statement must indicate the intention to make an allocation under the authority of this subparagraph. (e) School districts, counties, and municipalities receiving proceeds under the provisions of this subsection may pledge such proceeds for the purpose of servicing new bond indebtedness incurred pursuant to law. Local governments may use the services of the Division of Bond Finance of the State Board of Administration pursuant to the State Bond Act to issue any bonds through the provisions of this subsection. Counties and municipalities may join together for the issuance of bonds authorized by this subsection. (f)1. Notwithstanding paragraph (d), a county that has a population of 50,000 or less on April 1, 1992, or any county designated as an area of critical state concern on the effective date of this act, and that imposed the surtax before July 1, 1992, may use the proceeds and interest of the surtax for any public purpose if: a. The debt service obligations for any year are met; b. The county’s comprehensive plan has been determined to be in compliance with part II of chapter 163; and c. The county has adopted an amendment to the surtax ordinance pursuant to the procedure provided in s. 125.66 authorizing additional uses of the surtax proceeds and interest. 2. A municipality located within a county that has a population of 50,000 or less on April 1, 1992, or within a county designated as an area of critical state concern on the effective date of this act, and that imposed the surtax before July 1, 1992, may not use the proceeds and interest of the surtax for any purpose other than an infrastructure purpose authorized in paragraph (d) unless the municipality’s comprehensive plan has been determined to be in compliance with part II of chapter 163 and the municipality has adopted an amendment to its surtax ordinance or resolution pursuant to the procedure provided in s. 166.041 authorizing additional uses of the surtax proceeds and interest. Such municipality may expend the surtax proceeds and interest for any public purpose authorized in the amendment. 3. Those counties designated as an area of critical state concern which qualify to use the surtax for any public purpose may use only up to 10 percent of the surtax proceeds for any public purpose other than for infrastructure purposes authorized by this section. A c ounty that was designated as an area of critical state concern for at least 20 consecutive years prior to removal of the designation, and that qualified to use the surtax for any public purpose at the time of the removal of the designation, may continue to use up to 10 percent of the surtax proceeds for any public purpose other than for infrastructure purposes for 20 years following removal of the designation, notwithstanding subparagraph (a)2. After expiration of the 20-year period, a county may continue to use up to 10 percent of the surtax proceeds for any public purpose other than for infrastructure if the county adopts an ordinance providing for such continued use of the surtax proceeds. (g) Notwithstanding paragraph (d), a county having a population greater than 75,000 in which the taxable value of real property is less than 60 percent of the just value of real property for ad valorem tax purposes for the tax year in which an infrastructure surtax referendum is placed before the voters, and the municipalities within such a county, may 462 use the proceeds and interest of the surtax for operation and maintenance of parks and recreation programs and facilities established with the proceeds of the surtax throughout the duration of the surtax levy or while interest earnings accruing from the proceeds of the surtax are available for such use, whichever period is longer. (h) Notwithstanding any other provision of this section, a county shall not levy local option sales surtaxes authorized in this subsection and subsections (3), (4), and (5) in excess of a combined rate of 1 percent. 463 SCHEDULE C Infrastructure Discrectionary Tax Fund 121-41-4130 Interlocal 3/10/2014 Original Consent 302-7/13/2020 Consent 302 03/13/2023 REGULAR 504 7/10/2023 Detail Total Amended Schedule C Amended Schedule C Reallocation Amended Schedule C Greenway Interchange 3,500,000.00 3,500,000.00 (3,500,000.00) - - - - New Roadways 2,850,000.00 (2,600,000.00) 250,000.00 250,000.00 - Orange Ave Extension 1,500,000.00 (1,500,000.00) - Michael Blake Improve 750,000.00 (750,000.00) - MBB Traffic Signal 350,000.00 (350,000.00) - Tuscora/434 Decel 250,000.00 250,000.00 250,000.00 (250,000.00) - New Trails 600,000.00 1,500,000.00 2,100,000.00 (1,000,000.00) 1,100,000.00 1,200,000.00 Highlands 300,000.00 (300,000.00) - TownCenter Spur 300,000.00 (300,000.00) - CWP Parking Lot 600,000.00 600,000.00 (500,000.00) 100,000.00 379,637.00 479,637.00 Boardwalk 500,000.00 500,000.00 (500,000.00) - - Land Acquisition 1,000,000.00 1,000,000.00 1,000,000.00 (279,637.00) 720,363.00 Sidewalk 1,400,000.00 (925,000.00) 475,000.00 - 475,000.00 475,000.00 WSB Ped Bridge @ Howell Creek 500,000.00 (500,000.00) - - TownCenter WSHS Improve 350,000.00 125,000.00 475,000.00 475,000.00 475,000.00 Village Walk Area (PH2)300,000.00 (300,000.00) - - Additional Sidewalk Gaps 250,000.00 (250,000.00) - - Resurfacing 5,200,000.00 (1,800,000.00) 3,400,000.00 2,750,000.00 6,150,000.00 (2,821,000.00) 3,329,000.00 WSB 1,500,000.00 (1,500,000.00) - - Northern Way 750,000.00 (750,000.00) - - Sheoah 250,000.00 (250,000.00) - - Seneca 200,000.00 (200,000.00) - - Shepard 200,000.00 (200,000.00) - - Panama 175,000.00 (175,000.00) - - Dyson 150,000.00 (150,000.00) - - Hayes 150,000.00 (150,000.00) - - Shore 150,000.00 (150,000.00) - - Tuscora 150,000.00 (150,000.00) - - Fisher 135,000.00 (135,000.00) - - Orange 120,000.00 (120,000.00) - - Vistawilla 120,000.00 (120,000.00) - - Shetland 75,000.00 (75,000.00) - - Trotwood 75,000.00 (75,000.00) - - Addtl 1,000,000.00 (1,000,000.00) - - Location determined by priority 3,400,000.00 3,400,000.00 2,750,000.00 6,150,000.00 Bridge Repair 3,950,000.00 (1,200,000.00) 2,750,000.00 - 2,750,000.00 3,612,000.00 Northern Way @ Howell Creek (north loop) 1,000,000.00 (1,000,000.00)- - Sheoah @ Sheoah Creek 750,000.00 (750,000.00) - - Shepard @ Sheoah Creek 500,000.00 (500,000.00) - - WSB @ Bear Creek 1,700,000.00 (1,700,000.00) - - Northern Way @ Howell Creek (southern Loop)750,000.00 750,000.00 750,000.00 750,000.00 Location to be determined based on priority testing 2,000,000.00 2,000,000.00 2,000,000.00 862,000.00 2,862,000.00 Utilities 1,000,000.00 5,370,000.00 6,870,000.00 (1,250,000.00) 5,620,000.00 (3,620,000.00) 2,000,000.00 Stormwater Rehab (City Wide)5,500,000.00 5,500,000.00 Stormwater /Lake Jessup - Winding Hollow Wetland Rehyd 350,000.00 (350,000.00) - - WSB/Wedgewood Storm Inlet 100,000.00 (100,000.00) - - NorthOrlando Inlet 75,000.00 (75,000.00) - - Highlands Retension Pond 475,000.00 (475,000.00) - - Pipe Relining 500,000.00 500,000.00 (500,000.00) - - WTP1 Well Rehab 2,300,000.00 2,300,000.00 - 2,300,000.00 Interconnectivity 250,000.00 250,000.00 - 250,000.00 ByPass Pumps 320,000.00 320,000.00 - 320,000.00 LiftStation Upgrades 1,500,000.00 1,500,000.00 - 1,500,000.00 Waterline Replacement 1,250,000.00 1,250,000.00 - 1,250,000.00 SewerPipe Relining 1,250,000.00 1,250,000.00 (1,250,000.00) - - Public Safety, Building WS Utiltity - 3,155,000.00 3,155,000.00 (500,000.00) 2,655,000.00 2,884,000.00 Patrol Vehicles 950,000.00 950,000.00 (150,000.00) 800,000.00 (94,000.00) 706,000.00 White Fleet Vehicles 250,000.00 250,000.00 (250,000.00) - - Building Rehab/Repurpose/Parking 990,000.00 990,000.00 990,000.00 464,324.00 1,454,324.00 Police Equip 85,000.00 85,000.00 85,000.00 85,000.00 Heavy Equip 880,000.00 880,000.00 (100,000.00) 780,000.00 (141,324.00) 638,676.00 - Contingency TOTAL 19,000,000.00 19,000,000.00 - 19,000,000.00 - 19,000,000.00 - 19,000,000.00 Contingency (Addt'l TAX Rev through 6/30/23 970,309.88 Attachment 1 Regular Agenda Item 504 July 10, 2023 464