ISCOC Agenda 04/03/2019COLLIER COUNTY
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE
Agenda
April 3, 2019
9:00 AM
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL. 34112
Ronald A. Kezeske – District 3 – Chair
Scott J. Lepore – At-Large – Vice Chair
Jacob Winge – District 1
Stephen Osborne – District 2
Justin Land – District 4
Beth Rozansky – District 5
Juliana Meek – At Large
Jamie Andersen - Alternate
James W. DeLony - Alternate
All interested parties are invited to attend, and to register to speak and to submit their
objections, if any, in writing, to the Committee prior to the meeting if applicable. For
more information, please contact Heather Cartwright-Yilmaz at (239) 252-8366. If you
are a person with a disability who needs any accommodation in order to participate in
this proceeding, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact the Collier County Facilities Management Department
located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380.
Public comments will be limited to 3 minutes unless the Chairman grants permission for
additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall,
before engaging in any lobbying activities (including, but not limited to, addressing the
Board of County Commissioners before the Board of County Commissioners and its
advisory boards, register with the Clerk to the Board at the Board Minutes and Records
Department.
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1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL BY LIAISON
4. APPROVAL OF THE AGENDA
5. APPROVAL OF MINUTES FROM PREVIOUS MEETING
1. Meeting Minutes - March 6, 2019
6. PUBLIC COMMENT
7. NEW BUSINESS
8. PROJECTS
A. TRANSPORTATION
1. To validate the proposed expenditures for improvements towards the replacement of
eleven Bridges; to ensure that this project meets the requirements of F.S. 212.055,
conforms to the definition of Infrastructure, and is an eligible project in line with County
Ordinance 2018-21 and the ballot language within; to make a finding that the project
expenditures are a valid use of Infrastructure Sales Surtax Funding.
B. FACILITIES & CAPITAL REPLACEMENTS
1. To validate the proposed expenditures for the Emergency Services Center enclosure of
the East Bay to improve the County’s hurricane and disaster resiliency efforts by
improving the local capacity to store, deploy and trans-load disaster or emergency
response supplies, equipment and commodities.
2. Validate the proposed expenditures for the design, purchase and installation of the
Hurricane Resilience - Pump Station Emergency Back-up Systems at thirty-two (32)
wastewater pump stations.
3. To validate the expenditures for the design, CEI, and construction for the Heritage Bay
Emergency Medical Services (EMS) Station; to ensure that this project meets the
requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible
project in line with County Ordinance 2018-21 and the ballot language within; to make a
finding that the project expenditures are a valid use of Infrastructure Sales Surtax
Funding.
4. To validate the expenditures for the design, and the construction of the replacement of
existing chillers, cooling towers and moisture removal unit; to ensure that this project
meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is
an eligible project in line with County Ordinance 2018-21 and the ballot language within; to
make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax
Funding.
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5. To validate the expenditures associated with the replacement of the HVAC system for the
Naples Regional Library (Library); to ensure that this project meets the requirements of
F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line
with County Ordinance 2018-21 and the ballot language within; to make a finding that the
project expenditures are a valid use of Infrastructure Sales Surtax Funding.
6. To validate the expenditures for the design and the replacement of the roof at the Health
Department Building, Building H, on the Government campus; to ensure that this project
meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is
an eligible project in line with County Ordinance 2018-21 and the ballot language within; to
make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax
Funding.
C. COMMUNITY PRIORITIES
9. OLD BUSINESS
A. ***This item has been continued from the March 6, 2019 ISCOC meeting*** To validate the
expenditures for the design, CEI, and the construction for the Big Corkscrew Island
Regional Park; to ensure that this project meets the requirements of F.S. 212.055,
conforms to the definition of Infrastructure, and is an eligible project in line with County
Ordinance 2018-21 and the ballot language within; to make a finding that the project
expenditures are a valid use of Infrastructure Sales Surtax Funding.
B. Monthly Report to Committee - April
C. Committee Support Documents
10. ANNOUNCEMENTS
11. COMMITTEE MEMBER DISCUSSION
12. NEXT MEETING DATE
A. Next Meeting Date - May 1, 2019
13. ADJOURNMENT
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COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 5.1
Item Summary: Meeting Minutes - March 6, 2019
Meeting Date: 04/03/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
03/28/2019 3:46 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/28/2019 3:46 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 3:57 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 03/28/2019 4:03 PM
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 4:05 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 04/03/2019 9:00 AM
5.1
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MINUTES OF THE REGULAR MEETING OF THE COLLIER COUNTY
Infrastructure Surtax Citizen Oversight Committee
March 6, 2019
Naples, Florida
LET IT BE REMEMBERED that the Collier County Infrastructure Surtax Citizen Oversight
Committee met on this date at 9:00 A.M. at 3299 Tamiami Trail East, Building F, 3rd Floor Board of
County Commission Chambers, Naples, Florida with the following Members Present:
Infrastructure Surtax Citizen Oversight Committee
Present: Ronald A. Kezeske
Justin Land
Beth Rozansky
Scott J. Lepore
Juliana Meek
Jamie Andersen
James W. DeLony
Jacob Winge
Stephen Osborne
Also Present: Nick Casalanguids – Deputy County Manager
Heather Cartwright-Yilmaz – Sr. Operations Analyst County Manager’s
Office
Geoff Willig – Sr. Operations Analyst County Manager’s Office
1. Call to Order & Pledge of Allegiance
The Chairman called the meeting to order at 9:00 AM and led the Pledge of Allegiance.
3. Roll Call – Liaison
Seven members of the Infrastructure Surtax Citizen Oversight Committee were present representing
a quorum, including two alternates.
Staff Report
The Liaison recommended obtaining signature for Agenda packets after meeting adjournment.
Approved
4. Approval of The Agenda
The agenda was distributed to all present and approved.
5.1.a
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5. Approval of minutes from Previous Meeting
A. Meeting Minutes – March 6, 2019
The minutes was distributed to all present and approved.
Committee discussion ensued around committee participation during absence. It was agreed that
alternates would alternate as needed.
6. Public Comment
No public comment was received.
7. New Business
The Chairman wanted to discuss that there is a push to talk or request to speak button; however, he
was not a fan.
Committee members agreed with this approach.
The Liaison shared with Committee members that the meeting schedule for Future meeting will be
the first Wednesday of every month and will be broadcasted live with Video archives.
8. Projects
A. Transportation
1. To validate the proposed expenditures for the design and the construction for the
0Triangle Boulevard project.
The Principal Project Manager, Mr. McCleary, presented the Triangle Boulevard project for the design, CEI,
and the construction to Committee members. Mr. DeLony inquired about the project funding not being
provided by the developer. The PM confirmed that the project is a Legacy project. Mr. DeLony
recommended that the project be scoped to see if any reimbursements needs to be brought up. It was also
confirmed that the project cost would be $6M. The project was not eligible for Impact fees because it is a
system improvement and not new lane miles were added to project.
Discussion ensued around Impact Fees, General Fund and other sources of funding. If the project goes over
the $6M then the project would go before the Board for additional funding. If the project goes over and it is
decided to seek more funding from the Sales Tax, then staff would have to seek approval through the
Committee after Board approval to go over original estimate.
Mr. Casalanguida, Deputy County Manager, advised Committee Members that when projects go over or
under estimates staff will be tracking this and will be providing a quarterly update to what is called CAPS
Track. If it comes in over, we must go in front of the Board and accept the overage as a practice. He
concluded that there is still unfinished Design on the projects and staff will keep the Committee updated.
Committee members ensured on discussion, regarding the project and the Chairman asked to get a Motion.
A motion to approve the project was made and was unanimously approved.
2. To validate the proposed expenditures for the design, CEI, and the construction for
0the Vanderbilt Beach Road Extension from Collier Boulevard to 16th Street NE.
The Sr. Project Manager, Andrew Miller, presented the Vanderbilt Beach Road Extension for the
design, CEI, and the construction for the project. Exhibit A was done over a year ago and weather
5.1.a
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8th and 6th street is still in play is part of discussion. Numbers and estimate may change throughout.
The goal is how that impacts North and South traffic. A bridge just a mile parallel to the West of
16th. The bridge between Golden Gate and some feeder network project will get into 16th are some
questions.
Discussion ensued around parcel purchase with some anticipation that there will be push back from
property owners. Some property questions may go above the $129K and some may go down.
A motion to approve the project was made and was unanimously approved.
B. Facilities & Capital Replacements
1. To validate the proposed expenditures for the design, CEI, and the
0construction for the Big Corkscrew Island Regional Park.
Leandro Goiccoechea, Senior Project Manager, presented the Big Corkscrew Island Regional Park
project for the design, CEI, and the construction for the park. Committee members discussed the
layout of the presentation and various funding sources. One Committee member requested more
information supporting the project and the presence of the County Attorney supporting the project
meets ballot language, F.S. 212.055 requirements and County Ordinance.
A motion to continue the project to next meeting was approved.
2. To validate the proposed expenditures for the design, CEI, and the
0construction for the Domestic Animal Services Shelter
0Improvement/Replacement.
Dayne Atkinson, Project Manager, presented the Domestic Animal Services Shelter project for the
Design, CEI, and Construction for the facility. Committee members discussed the layout and
number of buildings. Clarification on current building type was confirmed as being shed like and
not hurricane resistant. Additional information was presented on the need for HVAC as the current
facility rents units through the summer because it does not meet the standard for approximately
three months.
A motion to approve the project was made and was unanimously approved.
C. Community Priorities (None)
9. Old Business
The Committee requested staff to create a method for tracking Sales Tax funding. Staff will provide
a Status of Projects form to be part of the Agenda for future meetings.
As of February 26, 2019, Collier County had not received any funding.
Additionally, Staff updated PowerPoint presentations to include a chart with funding source and
funding request amount that Committee was validating on the Checklist.
10. Announcements (None)
5.1.a
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11. Committee Member Discussion
Committee member discussion ensued around computer set-up and how to pull up documents when
the system resets.
The members then requested clarification on the total of $490M as if it was a pro-rata type break
up. Mr. Casalanguida clarified that it’s a State Revenue Model thy put out based on collections, so
they update it every year. The funds are going to go to their coffer and fill theirs first.
Committee discussion ensued around the ROW projections for the Triangle Park project. The
ROW is currently an estimate for this project.
The Committee wanted information on how the projects were progressing. The projects will come
back as Summary item as a sort of CAPS Track every quarter. The project Management team will
review project schedule and budget.
The Committee made a request for the Ballot Language to be provided as part of the Agenda
packet.
12. Next Meeting Date
The next meeting of the Infrastructure Surtax Citizen Oversight Committee will be on April 3,
2019 at 9 AM in the BCC Boardroom at 3299 Tamiami Trl E, Naples FL 34112 on the third
floor.
13. Adjournment
Mr. Kezeske made a motion for this meeting to be adjourned and was accepted unanimously.
The meeting was adjourned at 11:07 AM with nothing further to discuss.
Collier County Infrastructure Surtax Citizen Oversight Committee
_______________________
Ronald A. Kezeske – Chairman
The foregoing Minutes were approved by Committee Chair on March 06, 2019, “as submitted” [ ]
or “as amended” [ ]
5.1.a
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EXECUTIVE SUMMARY
To validate the proposed expenditures for improvements towards the replacement of eleven
Bridges; to ensure that this project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and
the ballot language within; to make a finding that the project expenditures are a valid use of
Infrastructure Sales Surtax Funding.
OBJECTIVE: To validate the proposed expenditures for the design, construction engineering
inspection, and the construction for Eleven Bridge Replacements at various locations east of State Route
29.
CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in County
Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure occurred
after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the definition of
Infrastructure, and is in line with County Ordinance 2018-21. There were 3 main categories of projects
identified in Ordinance 2018-21 Transportation Projects, Facilities & Capital Replacements, and
Community Priorities. The Eleven Bridge Replacements Project was specifically identified within the
Transportation Project category.
The Eleven Bridge Replacements project fulfills the definition of infrastructure as outlined in F.S.
212.055, which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the 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.”
On September 8, 2016, the Collier County Growth Management Department, through its Transportation
Engineering Division, solicited engineering services for the replacement of eleven functionally obsolete
and structurally deficient bridges. These bridges became top priority for replacement when the Florida
Department of Transportation considered them at risk for load limit posting, closure, or failure due to the
continued degradation of their existing timber pile foundations. On July 11, 2017, the Board of County
Commissioners (Board) approved a professional services contract for the design and permitting phase of
the project in the amount of $2.5M. The design started August 28, 2017 and is expected to be completed
by November 27, 2019. The construction should take approximately two years beginning in year 2021.
All the bridges are located east of SR29 in eastern Collier County; six on Immokalee Road, bridge
numbers; 030136, 030137, 030138, 030139, 030140, 030141, four on Oil Well Road, bridge numbers;
030153, 030154, 030155, 030156, and one on County Line Road, bridge number 030158. As of the 30%
engineer’s estimate of probable construction cost, the replacement cost is estimated to be $35.4M, which
includes construction engineering inspection and permitting mitigation. The Surtax contribution to this
amount is $7M, with the remaining $26M collected from gas taxes and the potential issuance of debt.
FISCAL IMPACT: The table below shows a total estimated cost for design, permitting and mitigation,
construction engineering inspection and construction of $35.4M for this project, of which $7,000,000 are
identified in Exhibit A. The remaining funds will come from gas tax and potential issuance of debt.
Design & Mitigation CEI Services Construction Total
8.A.1
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Permitting Cost*
$2,459,845.80 $1,075,000 $3,400,000 $28,500,000 ≈$35,400,000
* The construction is not out to bid yet.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance No.
2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen
Oversight Committee, whose duties are as follows:
Duties. The Committee shall have the responsibility to review the expenditure of Surtax
proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in
the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot
language, (2) have a positive recommendation by this Committee, and (3) fall within the
projects and categories identified. The Committee shall not recommend alternative
projects, unless requested by the Board.
A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary
for the Committee’s review. The Committee will note that “Bridge Replacements (11)” is specifically
included in Exhibit A.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.
(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, 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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, 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 the 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
8.A.1
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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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>(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.
A copy of the entire statute is included as back-up to this item.
The County Attorney has reviewed this item and believes that the request meets all the requirements of
both the Statute and the Ordinance. As an aside, only those items which I believe satisfy the requirements
of both the Ordinance and the Statute will be brought to the Committee. My opinion, however, is not
binding on the Committee, as the Board of County Commissioners created this Committee “to provide for
citizen review of the expenditure of the Surtax proceeds by the County… (to) serve as an ad hoc advisory
and reporting body to the County.”
Prepared by: Vu Thao, P.E., Sr. Project Manager, Transportation Engineering Division
ATTACHMENT(S)
1. Bridge Replacements (11) Presentation (PPTX)
2. ISCOC Project Checklist - Bridge Replacements (11) (PDF)
3. [Linked] Infrastructure Surtax Statute (DOCX)
4. [Linked] Ordinance 2018-21 (PDF)
8.A.1
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COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.A.1
Doc ID: 8432
Item Summary: To validate the proposed expenditures for improvements towards the replacement
of eleven Bridges; to ensure that this project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is an eligible project in line with County Ordinance 2018 -21 and the
ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure
Sales Surtax Funding.
Meeting Date: 04/03/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
03/26/2019 1:41 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/26/2019 1:41 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig Additional Reviewer Completed 03/27/2019 4:18 PM
County Manager's Office Heather Yilmaz Review Item Completed 03/27/2019 6:57 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 03/28/2019 6:59 AM
Administrative Services Department Michael Cox Additional Reviewer Completed 03/28/2019 10:28 AM
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 3:56 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 04/03/2019 9:00 AM
8.A.1
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Prepared By:
Thaddeus Cohen,Department Head,Growth Management Department
Jay Ahmad,P.E.,Director,Transportation Engineering
Marlene Messam,P.E.,Principal Project Manager,Transportation Engineering
Vu Thao,P.E.,Sr. Project Manager , Transportation Engineering
11 Bridge Replacements Project
1 11 Bridge Replacements ProjectGrowth Management Department
8.A.1.a
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History
•The Florida Department of Tr ansportation provides biennial inspections of the
County-owned Bridges. These inspections provide condition ratings which are then
used to determine whether the structure needs to be repaired, rehabilitated or
replaced. The condition ratings for the eleven (11) bridges indicate that they should
be prioritized for replacement.
•On September 8, 2016, the Board of County Commissioners advertised for
professional services for the design and replacement of eleven (11) functionally
obsolete and structural deficient bridges located on major arterials east of SR 29.
•On July 11, 2017, the Board approved the professional services contract to begin the
design phase.
2 11 Bridge Replacements ProjectGrowth Management Department
8.A.1.a
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History continued
•On August 28, 2017, HNTB Engineering, Inc. was issued a Notice To Proceed.
•November 13, 2017, the first public information meeting was convened at the
UF/IFAS Southwest Florida Research and Education Center, Immokalee to inform
stake holders and interested parties about the project.
•The design production is currently at the 60% phase, and permits are anticipated to
be submitted at the end of this phase.
3 11 Bridge Replacements ProjectGrowth Management Department
8.A.1.a
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11 Bridge Replacements Project
Growth Management Department 11 Bridge Replacements Project4
Immokalee Rd
Locations
8.A.1.a
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11 Bridge Replacements Project
Project Manager:
oVu Thao, PE
Growth Management Department 11 Bridge Replacements Project5
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Project Deta ils
The 11 Bridge Replacements (Immokalee Rd., Oil Well Rd., and
County Line Rd.) is an infrastructure upgrade consisting of:
•Tw o-lane undivided bridges.
•Minor improvements to existing two-lane rural roadway
approaches , including shoulders.
6Growth Management Department 11 Bridge Replacements Project
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Ty pical Bridge Section (#030136)
11 Bridge Replacements Project
2-lane facility includes shoulders, traffic railings, and concrete pile bents
7Growth Management Department
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Ty pical Bridge Section (Except #030136)
11 Bridge Replacements Project
2-lane facility includes shoulders, traffic railings, and concrete pile bents
8Growth Management Department
8.A.1.a
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Ty pical Roadway Section
11 Bridge Replacements Project
2-lane facility includes shoulders, retaining walls (gravity and sheet-pile) and guardrail
9Growth Management Department
8.A.1.a
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Project Deta ils
The project will be split into 3
separate bid packages:
•Immokalee Road
(#030136,#030137, and
#030138)
•Package 2 –Immokalee Road
(#030139,#030140, #030141),
and County Line Rd (#030158)
•Package 3 –Oilwell Road
(#030153, #030154, #030155,
and #030156)
10Growth Management Department 11 Bridge Replacements Project
8.A.1.a
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/
Project Summary /Financials
11 Bridge Replacements Project
$7.0 M will be financed through the sales tax, remaining funds will come
from Gas Taxes and potential Issuance of debt.
11Growth Management Department
$16.00
$7.00
$35.4
$-
$5.00
$10.00
$15.00
$20.00
$25.00
$30.00
$35.00
$40.00
Current Funding 7-Year Sales Tax Total Estimated CostMillionsProject Funding To tal Estimate vs. Funding Source's
8.A.1.a
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•Design:
HNTB Engineering, Inc. was awarded the design contract in 2017 for all eleven bridges east of
SR 29. In July 2017, the Board of County Commissioners approved a contract for the design
and permitting phase in the amount of $2.5M which covers the design of the bridges and
roadway approaches as well as public involvement and post-design services.
•Permitting:
Environmental impacts will require a permit from South West Florida Water Management and the
Army Corp of Engineers. The permit applications will be submitted once we reach the 60% design
phase.
•Mitigation:
Collier County is required to provide compensatory mitigation to offset unavoidable wetland, other
surface waters, and endangered species impacts. For this project we have estimated $1.1M to
cover the cost of mitigation.
Project Stages /Details
11 Bridge Replacements Project12Growth Management Department
8.A.1.a
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•Construction:
Once the design is complete, construction companies will be invited to bid on this project. The
company who meets all requirements at the lowest price will be awarded this contract. Any
qualified US company is allowed to participate in this bid process. It usually takes about six months
from the start of the bid to the award of the contract. We anticipate a construction time of about
two years (depending on weather conditions and other variables) and $7M out of the estimated
total cost of $28.5M for the eleven bridge replacements will be financed through the sales tax.
•Construction Engineering Inspection (CEI):
We have budgeted $3.4M to pay for a CEI firm. This consultant will make certain that the entire
project is constructed in conformance with approved plans and specifications. The focus is quality
construction that is on schedule and within budget. They will monitor all stages of the construction
on a daily basis and check the quality of work for every line item, including material testing.
Inspectors will be on site whenever there is construction activity and will keep a daily log of the
progress.
Project Stages /Details
13Growth Management Department 11 Bridge Replacements Project
8.A.1.a
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/
Project Schedule
11 Bridge Replacements Project14Growth Management Department
Activity Start Finish 2018 2019 2020 2021 2022
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
30% Design Jul-18 Oct-18
60% Design Oct-18 May-19
90% Design May-19 Sep-19
100% Design Sep-19 Nov-19
Permit & Mitig.May-19 May-20
Procurement Jan-20 Sep-20
Construction Oct-20 Oct-22
8.A.1.a
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11 Bridge Replacements Project15Growth Management Department
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Project Expenditure Estimates
11 Bridge Replacements Project16Growth Management Department
Design, $2,459,846 Permitting &
Mitigation, $1,075,000
Construction,
$28,500,000
Construction
Engineering Inspection,
$3,400,000
8.A.1.a
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Re co mmendation
To va lidate the proposed expenditures fo r the design,permitting
and mitigation,Construction Engineering Inspection,and the
construction for the 11 Bridge Re placements;to ensure that this
project meets the requirements of F.S.212.055,conforms to the
definition of Infrastructure,and is an eligible project in line with
County Ordinance 2018-21 and the ballot language within;to make
a finding that the project expenditures are a va lid use of
Infrastructure Sales Surtax Funding.
11 Bridge Replacements Project17Growth Management Department
8.A.1.a
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Project Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
EMS vehicles associated with 3 new substations
Court-related expenditures for the construction, lease or maintenance of the Court-related
facilities including utilities and security infrastructure
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2019.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.A.1.b
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04/03/2019
EXECUTIVE SUMMARY
To validate the proposed expenditures for the Emergency Services Center enclosure of the East Bay
to improve the County’s hurricane and disaster resiliency efforts by improving the local capacity to
store and deploy disaster or emergency response supplies, equipment, and commodities.
OBJECTIVE: To validate the expenditures associated with the Emergency Services Center (ESC)
enclosure of the East Bay.
CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in
County Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure
occurred after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is in line with County Ordinance 2018-21. There were 3 main categories
of projects identified in Ordinance 2018-21 Transportation Projects, Facilities & Capital Replacements,
and Community Priorities. The ESC East Bay enclosure is identified within the Facilities & Capital
Replacements category under the sub-group of “Hurricane Resilience”. This project will improve the
County’s hurricane and disaster resiliency efforts by improving the local capability to store and deploy
disaster or emergency response supplies, equipment, and commodities.
The ESC East Bay enclosure project fulfills the definition of infrastructure as outlined in F.S. 212.055,
which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the 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.”
The ESC is responsible for the County-wide coordination of all natural and man-made emergencies.
Currently, the ESC and East Bay houses supplies necessary to support the community during times of
activation of events. These support services include but are not limited to emergency transport trailers,
generators, and the Major Incident vehicles. Enclosing the East Bay this area will provide the Bureau of
Emergency Services (BES) an opportunity to migrate disaster supply inventory, which is currently exposed
to high heat and humidity in the transport trailers to modular rolling storage cabinets and palletized loads
allowing for better inventory control and greater protection. Following hurricane Irma staff observed
several challenges protecting and organizing supplies due to the current design. The “just in time”
delivery approach will allow for cost savings due to current losses from heat and humidity exposure. The
inbound commodities that would be stored range from shelter supplies, e quipment and pharmaceuticals in
a secure and environmentally controlled location for future disasters and public health events. Additional
cost benefits of preparedness and readiness allow the County to be less reliant on limited State and Federal
resources and allow for faster delivery locally of response supplies, equipment, and commodities to
provide services and support to our residents.
FISCAL IMPACT: Exhibit A identified $15.0M for the Hurricane Resilience projects, the conservative
cost estimate is for the ESC East Bay enclosure is $1.5M. All opportunities will be reviewed toward value
engineering.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance No.
8.B.1
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04/03/2019
2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen
Oversight Committee, whose duties are as follows:
Duties. The Committee shall have the responsibility to review the expenditure of Surtax
proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in
the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot
language, (2) have a positive recommendation by this Committee, and (3) fall within the
projects and categories identified. The Committee shall not recommend alternative
projects, unless requested by the Board.
A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary
for the Committee’s review. The Committee will note that Hurricane Resilience is specifically included
in Exhibit A.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.
(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, 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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, 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 the 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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
8.B.1
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<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>(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.
A copy of the entire statute is included as back-up to this item.
The County Attorney has reviewed this item and believes that the request meets all the requirements of
both the Statute and the Ordinance. As an aside, only those items which I believe satisfy the requirements
of both the Ordinance and the Statute will be brought to the Committee. My opinion, however, is not
binding on the Committee, as the Board of County Commissioners created this Committee “to provide for
citizen review of the expenditure of the Surtax proceeds by the County… (to) serve as an ad ho c advisory
and reporting body to the County.”
Prepared by: John McCormick, PE, Principal Project Manager, Facilities Management
ATTACHMENT(S)
1. Emergency Services Center East Bay Enclosure (ESC) Presentation (PPTX)
2. ISCOC Project Checklist - Emergency Services Center (ESC) - East Bay (PDF)
3. [Linked] Infrastructure Surtax Statute (DOCX)
4. [Linked] Ordinance 2018-21 (PDF)
8.B.1
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04/03/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.1
Doc ID: 8427
Item Summary: To validate the proposed expenditures for the Emergency Services Center
enclosure of the East Bay to improve the County’s hurricane and disaster resiliency efforts by improving
the local capacity to store, deploy and trans-load disaster or emergency response supplies, equipment and
commodities.
Meeting Date: 04/03/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
03/26/2019 12:14 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/26/2019 12:14 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 03/26/2019 12:15 PM
Facilities Management Damon Grant Additional Reviewer Completed 03/27/2019 3:02 PM
Emergency Management Daniel Summers Additional Reviewer Completed 03/27/2019 3:51 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 03/27/2019 4:09 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 03/27/2019 4:24 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 03/27/2019 4:25 PM
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 3:56 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 04/03/2019 9:00 AM
8.B.1
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Packet Pg. 536 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03,
Validation of Expenditures for the
Enclosure of the East Bay at the
Emergency Services Center
Project Number: 50390
John McCormick, PE
Principal Project Manager
Facilities Management Division, PUD
April 3, 2019
Collier County | Florida
8.B.1.a
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Project History
u The East Bay is currently an open sided ground level covered parking area.
u Closing in the East Bay will initiate the migration of disaster supply inventory, currently exposed to high heat and humidity in transport trailers to modular rolling storage cabinets and palletized loads to allow for better inventory control.
u Enclosing the East Bay will provide a cost savings due to losses from heat and humidity seen in the current condition.
2Public Utilities Department
8.B.1.a
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Location Map
Public Utilities Department 3
8.B.1.a
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Location Map
Public Utilities Department 4
8.B.1.a
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Emergency Services Center
5Public Utilities Department
8.B.1.a
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Emergency Services East Bay
6Public Utilities Department
8.B.1.a
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Packet Pg. 542 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Summary/Financials
u 7-Year Sales Tax in Sub Category Hurricane Resilience
•Total Projects: $15M
u Project Estimate:
•Estimated Cost Enclosing the East Bay at the Emergency Services Center: $1.5M
Public Utilities Department 7
8.B.1.a
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Project Summary/FinancialsEnclosureoftheEmergencyServicesCenter’s EastBay:Design/Engineering:$56,000Construction:$1,444,000 (Estimate)Total:•$1,500,000
Public Utilities Department 8
8.B.1.a
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Project Schedule/Status
u Engineering estimates conclude that eight (8) to ten (10) months would be ample time for bidding and construction of the East Bay enclosure.
u Proposed Schedule:
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
DESIGN Jan-19 Sep-19
PROCUREMENT Nov-19 Jan-20
PERMITTING Oct-19 Nov-19
CO NSTRUCTION Jan-19 Aug-20
2020
ACTIVITY START FINISH
2019
Public Utilities Department 9
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Fiscal Impact
Public Utilities Department 10
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Project Funding
Public Utilities Department
8.B.1.a
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Recommendation
u To validate the expenditures for the Emergency Services CenterenclosureoftheEastBay;to ensure that this project meets therequirementsofF.S.212.055,conforms to the definition ofInfrastructure,and is an eligible project in line with CountyOrdinance2018-21 and the ballot language within;to make a findingthattheprojectexpendituresareavaliduseofInfrastructureSalesSurtaxFunding.
Public Utilities Department 12
8.B.1.a
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Project Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
EMS vehicles associated with 3 new substations
Court-related expenditures for the construction, lease or maintenance of the Court-related
facilities including utilities and security infrastructure
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2019.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.1.b
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04/03/2019
EXECUTIVE SUMMARY
Validate the proposed expenditures for the design, purchase and installation of the Hurricane
Resilience - Pump Station Emergency Back-up Systems at thirty-two (32) wastewater pump
stations.
OBJECTIVE: To maintain compliance with local, state, and federal regulations and to improve
hurricane resiliency and operational reliability in the wastewater collection system.
CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in County
Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure occurred
after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the definition of
Infrastructure, and is in line with County Ordinance 2018-21. There were three main categories of
projects identified in Ordinance 2018-21: Transportation Projects, Facilities & Capital Replacements and
Community Priorities.
The Hurricane Resilience - Pump Station Emergency Back-up Systems project fulfills the definition of
infrastructure as outlined in F.S. 212.055, which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the 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.”
The Collier County Water-Sewer District operates approximately 900 wastewater pump stations. Some
of these pump stations serve facilities that are critical during an emergency, some are in environmentally
sensitive areas, and some are operationally critical based on the level of service they provide. During a
widespread power outage, such as occurred in the wake of Hurricane Irma, it is essential that critical
wastewater pump stations continue to operate to provide uninterrupted service to hospitals, shelters,
assisted living facilities, and emergency services. Equally as important, is the protection of the public
health and the environment by ensuring that wastewater stays within the confines of the collection system.
The installation of emergency back-up systems at these 32 critical sites will build resiliency and reliability
into some of the most critical areas of the wastewater collection system.
FISCAL IMPACT: Exhibit A identified up to $15M for this project; the estimated costs for design,
purchase and installation of emergency power at 32 pump stations is estimated to be $3.5M.
16 Permanent Generators/Pumps $2.5M
16 Portable Generators with ATS $1.0M
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance No.
2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen
Oversight Committee, whose duties are as follows:
Duties. The Committee shall have the responsibility to review the expenditure of Surtax
proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in
the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot
language, (2) have a positive recommendation by this Committee, and (3) fall within the
projects and categories identified. The Committee shall not recommend alternative
8.B.2
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04/03/2019
projects, unless requested by the Board.
A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary
for the Committee’s review. The Committee will note that Hurricane Resilience is specifically included
in Exhibit A.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.
(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, 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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, 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 the 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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>(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.
A copy of the entire statute is included as back-up to this item.
8.B.2
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The County Attorney has reviewed this item and believes that the request meets all the requirements of
both the Statute and the Ordinance. As an aside, only those items which I believe satisfy the requirements
of both the Ordinance and the Statute will be brought to the Committee. My opinion, however, is not
binding on the Committee, as the Board of County Commissioners created this Committee “to provide for
citizen review of the expenditure of the Surtax proceeds by the County… (to) serve as an ad hoc advisory
and reporting body to the County.”
GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts associated with
this action.
RECOMMENDATION: To validate the expenditures for the design, purchase and installation of the
Hurricane Resilience - Pump Station Emergency Back-up Systems; to ensure that this project meets the
requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line
with County Ordinance 2018-21 and the ballot language within; to make a finding that the project
expenditures are a valid use of Infrastructure Sales Surtax Funding.
Prepared by: Michael Stevens, P.E., Principal Project Manager, Engineering & Project Management
ATTACHMENT(S)
1. Hurricane Resilience - WW Pump Station Emergency Back-up Generators Presentation (PPTX)
2. ISCOC Checklist - Hurricane Resilience -50391 WW Pump Station Emer Back-up 4-3-2019
(PDF)
3. [Linked] Infrastructure Surtax Statute (DOCX)
4. [Linked] Ordinance 2018-21 (PDF)
8.B.2
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04/03/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.2
Doc ID: 8476
Item Summary: Validate the proposed expenditures for the design, purchase and installation of
the Hurricane Resilience - Pump Station Emergency Back-up Systems at thirty-two (32) wastewater
pump stations.
Meeting Date: 04/03/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
03/27/2019 6:25 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/27/2019 6:25 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 03/27/2019 6:26 PM
Wastewater Beth Johnssen Additional Reviewer Completed 03/27/2019 8:37 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 03/28/2019 9:34 AM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 03/28/2019 1:08 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 03/28/2019 1:31 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 03/28/2019 2:02 PM
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 3:57 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 04/03/2019 9:00 AM
8.B.2
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Validation of Expenditures for the
Design, Purchase and Installation of
Hurricane Resilience -Pump Station
Emergency Back-up Systems
Project No. 50391.2
Michael Stevens, P.E.
Principal Project Manager
Engineering & Project Management Division, PUD
April 3, 2019
Collier County | Florida
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Project History
u Hurricane Wilma –October 24, 2005
•43 pump stations with emergency back-up systems
u Hurricane Irma –September 10, 2017
•95 pump stations with emergency back-up systems
•841 out of 846 pump stations lost FP&L power
u Utility Standards Update-July 2018
•Enhanced requirements to improve hurricane resiliency for new
pump stations
Public Utilities Department 1
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Location Map –32 Pump Station Sites
2Public Utilities Department
8.B.2.a
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Critical Pump Stations
Criticality Category Quantity
Healthcare 4
Assisted Living Facility 4
Fire/Sheriff 5
Shelter/School 7
Environmental Impact/Sewer Overflow 12
Total 32
Public Utilities Department 3
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Packet Pg. 557 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Permanent Generator
Public Utilities Department
u Features
•Immediate back-up
•Smaller footprint than permanent
diesel pumps
•72 hour fuel supply
•Resistant to theft
4
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Permanent Diesel Pump
u Features
•Additional pumping capacity
•Immediate back-up
•72 hour fuel supply
•Resistant to theft
Public Utilities Department 5
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Packet Pg. 559 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Portable Generator with ATS
u Features
•Deployable to any location
•Immediate back-up with
Automatic Transfer Switch (ATS)
•72 hour fuel supply
Public Utilities Department 6
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Packet Pg. 560 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Deployment
Type Quantity Total
Permanent
Generators 16 32Permanent
Diesel Pumps
Po rtable
Generators 16
Public Utilities Department 7
8.B.2.a
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Packet Pg. 561 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Summary/Financials
u 7-Year Sales Tax in Sub-Category Hurricane Resilience
•Total Projects: $15M
Project Estimate:
•Estimated Cost for the Design, Purchase and Installation of the following:
•16 Permanent Generators/Pumps: $2.5M
•16 Portable Generators with ATS: $1.0M
u Total Pump Station Emergency Back-up Systems: $3.5M
Public Utilities Department 8
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Packet Pg. 562 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Summary/Financials
Estimated Costs for the Design,Purchase and Installation of Emergency
Power at 32 Pump Stations:
Design/Engineering:$500,000 (Estimate)
Construction:$3,000,000 (Estimate)
Total:•$3,500,000
Public Utilities Department 9
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Project Schedule/Status
Public Utilities Department 10
Permanent Emergency Back-Up Sites
Portable Emergency Back-Up Sites
8.B.2.a
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Packet Pg. 564 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Fiscal Impact
u Exhibit A identified up to $15M for this project.
Public Utilities Department 11
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Project Funding
To tal Sales Ta x Funding for all Hurricane Resilience Projects: $15M
To tal Current Request for 32 Emergency Back-up Systems: • $3.5M
Public Utilities Department 12
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Packet Pg. 566 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Recommendation
u To validate the expenditures for the design,purchase and
installation of the Hurricane Resilience –Pump Station
Emergency Back-up Systems;to ensure that this project meets
the requirements of F.S.212.055,conforms to the definition of
Infrastructure,and is an eligible project in line with County
Ordinance 2018-21 and the ballot language within;to make a
finding that the project expenditures are a valid use of
Infrastructure Sales Surtax Funding.
Public Utilities Department 13
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Project Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
EMS vehicles associated with 3 new substations
Court-related expenditures for the construction, lease or maintenance of the Court-related
facilities including utilities and security infrastructure
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2019.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.2.b
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04/03/2019
EXECUTIVE SUMMARY
To validate the expenditures for the design, CEI, and construction for the Heritage Bay Emergency
Medical Services (EMS) Station; to ensure that this project meets the requirements of F.S. 212.055,
conforms to the definition of Infrastructure, and is an eligible project in line with County
Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures
are a valid use of Infrastructure Sales Surtax Funding.
OBJECTIVE: To validate the proposed expenditures for the design, CEI, and the construction of the
Heritage Bay Emergency Medical Services (EMS) Station.
CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in
County Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure
occurred after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is in line with County Ordinance 2018-21. There were 3 main categories
of projects identified in Ordinance 2018-21 Transportation Projects, Facilities & Capital Replacements,
and Community Priorities. The Heritage Bay Emergency Medical Services (EMS) Station was
specifically identified within the Emergency Medical Services (EMS) Expansion category. Additionally,
emergency services facilities were included in the ballot language within Exhibit A of the ordinance.
The Heritage Bay Emergency Medical Services (EMS) Station project fulfills the definition of
infrastructure as outlined in F.S. 212.055, which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the 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.”
The Heritage Bay EMS Station is included in Emergency Medical Services Annual Update and Inve ntory
Report (AUIR) growth plan. The AUIR identified the need for a new station at this location to address
growth and development within the Immokalee Road corridor. For every 16,900 increase in population,
EMS adds a station in order to maintain the adopted level of service for the County of 8 minutes or less in
the urban area and 12 minutes or less in the rural area 90% of the time.
FISCAL IMPACT: Exhibit A identified up to $6M for the total EMS Expansion Plan project, the costs
for Design, CEI and Construction are actual and estimated below.
Design CEI Services Construction Cost* Total
Phase I $160,200 $60,000 $2,000,000 (90% estimate) $2,222,200
* The construction is not out to bid yet.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance No.
2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen
Oversight Committee, whose duties are as follows:
Duties. The Committee shall have the responsibility to review the expenditure of Surtax
proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in
the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot
language, (2) have a positive recommendation by this Committee, and (3) fall within the
8.B.3
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projects and categories identified. The Committee shall not recommend alternative
projects, unless requested by the Board.
A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary
for the Committee’s review. The Committee will note that EMS Substations are specifically included in
Exhibit A.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.
(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, 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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, 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 the 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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>(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.
A copy of the entire statute is included as back-up to this item.
8.B.3
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The County Attorney has reviewed this item and believes that the request meets all the requirements of
both the Statute and the Ordinance. As an aside, only those items which I believe satisfy the requirements
of both the Ordinance and the Statute will be brought to the Committee. My opinion, however, is not
binding on the Committee, as the Board of County Commissioners created this Committee “to provide for
citizen review of the expenditure of the Surtax proceeds by the County… (to) serve as an ad hoc advisory
and reporting body to the County.”
Prepared by: Tony Barone, Project Manager, Facilities Management
ATTACHMENT(S)
1. Heritage Bay EMS Station Presentation (PPTX)
2. ISCOC Project Checklist - Heritage Bay Emergency Medical Services Station (PDF)
3. [Linked} Infrastructure Surtax Statute (DOCX)
4. [Linked] Ordinance 2018-21 (PDF)
8.B.3
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04/03/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.3
Doc ID: 8425
Item Summary: To validate the expenditures for the design, CEI, and construction for the
Heritage Bay Emergency Medical Services (EMS) Station; to ensure that this project meets the
requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line
with County Ordinance 2018-21 and the ballot language within; to make a finding that the project
expenditures are a valid use of Infrastructure Sales Surtax Funding.
Meeting Date: 04/03/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
03/26/2019 1:14 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/26/2019 1:14 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 03/26/2019 2:20 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 03/26/2019 3:59 PM
Facilities Management Damon Grant Additional Reviewer Completed 03/27/2019 3:03 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 03/27/2019 3:14 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 03/27/2019 3:46 PM
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 3:57 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 04/03/2019 9:00 AM
8.B.3
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Packet Pg. 572 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03,
Validation of Expenditures for
Design, CEI and Construction for
Heritage Bay Emergency Medical
Services (EMS) Station
Tony Barone
Project Manager
Facilities Management Division, PUD
April 3, 2019
Collier County | Florida
8.B.3.a
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Packet Pg. 573 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project History
u The proposed site for the new Heritage Bay EMS Station is currentlyundevelopedlandjustnorthofthenewNCHNortheastEmergencybuildingonCollierBlvd.
u Heritage Bay EMS Station is included in Emergency Medical ServicesAUIRgrowthplan.A new station at this location will address growthanddevelopmentwithintheImmokaleeRoadcorridor.For every16,900 increase in population,EMS adds a station.This station willprovideservicestothegrowingareainordertomaintaintheresponsetimeof8minutesorlessintheurbanareaand12minutesorlessintheruralarea90%of the time.
1Public Utilities Department
8.B.3.a
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Packet Pg. 574 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Location Map
Public Utilities Department
Immokalee Rd
2
8.B.3.a
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Packet Pg. 575 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Location Map
SITE CONTEXT
+/-6.22 acres
Immokalee Rd
3Public Utilities Department
8.B.3.a
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Packet Pg. 576 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Rendering
4Public Utilities Department
8.B.3.a
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Packet Pg. 577 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Summary/Financials
u7-Year Sales Tax in Sub Category EMS Substations
•Total for all Projects: $6M
uProject Estimate:
•Estimated Cost EMS at Heritage Bay: $2.22M
5Public Utilities Department
8.B.3.a
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Packet Pg. 578 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Summary/FinancialsDesign, CEI and Construction for Heritage Bay EMSDesign:$ 162,200 CEI:$ 60,000 (estimate)Construction:$ 2,000,000 (estimate)Total: •$ 2,222,200
Public Utilities Department 6
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Packet Pg. 579 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Schedule/Status
Public Utilities Department
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
SDP /DE SIG N Jun-18 De c-18
PERM ITTI NG De c-18 Apr-19
BI DDI NG /PROCURMENT Jan-19 Jul -19
CONTRA CT AW ARD (BC C)Jul -19 Jul -19
CONSTRU CTION Aug-19 De c-20
2020 2021
ACTIVITY START FINISH
2019
7
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Fiscal Impact
Public Utilities Department 8
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Project Funding
Public Utilities Department 9
$0
$6
$2.22
$0
$1
$2
$3
$4
$5
$6
$7
Current Funding in Sub
Category
7-year Sales Tax Total Estimated Cost
Heritage Bay EMS Station
8.B.3.a
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Packet Pg. 582 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Recommendation
u To validate the expenditures for the design,CEI,and the
construction for the Heritage Bay Emergency Medical Services
(EMS)Station;to ensure that this project meets the requirements
of F.S.212.055,conforms to the definition of Infrastructure,and is
an eligible project in line with County Ordinance 2018-21 and the
ballot language within;to make a finding that the project
expenditures are a valid use of Infrastructure Sales Surtax
Funding.
Public Utilities Department 10
8.B.3.a
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Packet Pg. 583 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
EMS vehicles associated with 3 new substations
Court-related expenditures for the construction, lease or maintenance of the Court-related
facilities including utilities and security infrastructure
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2019.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.3.b
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Packet Pg. 584 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03,
04/03/2019
EXECUTIVE SUMMARY
To validate the expenditures for the design, and the construction of the replacement of existing
chillers, cooling towers and moisture removal unit; to ensure that this project meets the
requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project
in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the
project expenditures are a valid use of Infrastructure Sales Surtax Funding.
OBJECTIVE: To validate the proposed expenditures for the design and the construction of the
replacement of two existing chillers, cooling towers and moisture removal units at the Naples Jail
facilities, J1 & J2.
CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in County
Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure occurred
after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the definition of
Infrastructure, and is in line with County Ordinance 2018-21. There were 3 main categories of projects
identified in Ordinance 2018-21 Transportation Projects, Facilities & Capital Replacements, and
Community Priorities. A sub-category under Facilities & Capital Replacements is the HVAC, Roofing,
and Capital Equipment Replacements at Sheriff’s & County facilities.
The replacement of existing chillers, cooling towers and moisture removal unit project fulfills the
definition of infrastructure as outlined in F.S. 212.055, which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the 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.”
Buildings J-1 (Jail) and J-2 (Administration) combined are almost 110,000 sf under air. The jail has an
inmate capacity of 1,238 individuals. Construction for Building J-1 was completed in 1985 with
renovations in 2003. Building J-2 construction was complete in 2000. Previous replacements to the
HVAC system included air handlers, Variable Air Volume, and controls. Funding constraints resulted in
the deferral of the replacement of the chillers, cooling towers and moisture removal units. The existing
chiller is undersized and does not have a backup; in addition, it has been running nearly 24/7 for the past
17 years. The new chillers will provide redundancy and adequate capacity to maintain the proper
environment for the facility. Maintaining an environment with proper cooling is essential for Jail
Administrative staff and the inmates.
FISCAL IMPACT: Exhibit A identified up to $39M for projects within the Facilities & Capital
Replacements sub-section; HVAC, Roofing, and Capital Equipment Replacements at Sheriff’s & County
facilities. The costs for design and construction are identified in the table below.
Design $ 131,501
Construction $1,394,000*
Total Project Costs $1,525,501
*The project is currently in the Permitting phase.
8.B.4
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04/03/2019
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance No.
2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen
Oversight Committee, whose duties are as follows:
Duties. The Committee shall have the responsibility to review the expenditure of Surtax
proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in
the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot
language, (2) have a positive recommendation by this Committee, and (3) fall within the
projects and categories identified. The Committee shall not recommend alternative
projects, unless requested by the Board.
A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary
for the Committee’s review. The Committee will note that “HVAC, Roofing, and Capital Equipment
Replacements at Sheriff’s & County facilities” is specifically included in Exhibit A.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-
(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, 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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, 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 the 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)
8.B.4
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Packet Pg. 586 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03,
04/03/2019
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>, s.163.3221(13)
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3221.html>, or s. 189.012(5)
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>, 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.
A copy of the entire statute is included as back-up to this item.
The County Attorney has reviewed this item and believes that the request meets all the requirements of
both the Statute and the Ordinance. As an aside, only those items which I believe satisfy the requirements
of both the Ordinance and the Statute will be brought to the Committee. My opinion, however, is not
binding on the Committee, as the Board of County Commissioners created this Committee “to provide for
citizen review of the expenditure of the Surtax proceeds by the County… (to) serve as an ad hoc advisory
and reporting body to the County.”
Prepared by: John McCormick, PE, Principal Project Manager, Facilities Management Division
ATTACHMENT(S)
1. Naples Jail Facilities, J1 & J2 Chiller Presentation (PPTX)
2. ISCOC Project Checklist - Naples Jail Facilities, J1 & J2 Chillers (PDF)
3. [Linked] Infrastructure Surtax Statute (DOCX)
4. [Linked] Ordinance 2018-21 (PDF)
8.B.4
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04/03/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.4
Doc ID: 8439
Item Summary: To validate the expenditures for the design, and the construction of the
replacement of existing chillers, cooling towers and moisture removal unit; to ensure that this project
meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible
project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the
project expenditures are a valid use of Infrastructure Sales Surtax Funding.
Meeting Date: 04/03/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
03/26/2019 3:41 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/26/2019 3:41 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 03/26/2019 3:41 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 03/27/2019 8:36 AM
Facilities Management Damon Grant Additional Reviewer Completed 03/27/2019 3:04 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 03/28/2019 8:32 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 03/28/2019 8:38 AM
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 3:59 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 04/03/2019 9:00 AM
8.B.4
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Packet Pg. 588 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03,
Validation of Expenditures for the
Replacement of Existing Chillers, Cooling
Towers and Moisture Removal Unit at
Buildings, J1 & J2
John McCormick, PE
Principal Project Manager
Facilities Management Division, PUD
April 3, 2019
Collier County | Florida
8.B.4.a
Packet Pg. 87 Attachment: Naples Jail Facilities, J1 & J2 Chiller Presentation (8439 : Naples Jail J1 & J2 Chillers)26.B.2
Packet Pg. 589 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project History
u Construction for Building J-1 was completed in 1985 with renovations in 2003 and construction for Building J-2 was complete in 2000.
u Buildings J-1 (Jail) and J-2 (Administration) combined are almost 110,000 sf under air.
u The jail has an inmate capacity of 1,238 individuals.
u Previous replacements to the HVAC system included air handlers, Variable Air Volume, and controls.
u Funding constraints resulted in the deferral of the replacement of the chillers, cooling towers and moisture removal units.
u The existing chiller is undersized and does not have a backup; in addition, it has been running nearly 24/7 for the past 17 years.
u The new chillers will provide redundancy and adequate capacity to maintain the proper environment for the facility.
u Maintaining an environment with proper cooling is essential for Jail Administrative staff and the inmates.
1
8.B.4.a
Packet Pg. 88 Attachment: Naples Jail Facilities, J1 & J2 Chiller Presentation (8439 : Naples Jail J1 & J2 Chillers)26.B.2
Packet Pg. 590 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Location Map
Airport-Pulling Rd2
8.B.4.a
Packet Pg. 89 Attachment: Naples Jail Facilities, J1 & J2 Chiller Presentation (8439 : Naples Jail J1 & J2 Chillers)26.B.2
Packet Pg. 591 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Location Map-Collier County Government
3
8.B.4.a
Packet Pg. 90 Attachment: Naples Jail Facilities, J1 & J2 Chiller Presentation (8439 : Naples Jail J1 & J2 Chillers)26.B.2
Packet Pg. 592 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Naples Jail, J1 & J2
4
8.B.4.a
Packet Pg. 91 Attachment: Naples Jail Facilities, J1 & J2 Chiller Presentation (8439 : Naples Jail J1 & J2 Chillers)26.B.2
Packet Pg. 593 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
J1-J2 Aerials
5
8.B.4.a
Packet Pg. 92 Attachment: Naples Jail Facilities, J1 & J2 Chiller Presentation (8439 : Naples Jail J1 & J2 Chillers)26.B.2
Packet Pg. 594 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Existing Chiller Room Photos
Rental Chiller
6
8.B.4.a
Packet Pg. 93 Attachment: Naples Jail Facilities, J1 & J2 Chiller Presentation (8439 : Naples Jail J1 & J2 Chillers)26.B.2
Packet Pg. 595 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Summary/Financials
u 7-Year Sales Tax in Sub Category HVAC, Roofing, and Capital Equipment Replacements at Sheriff’s & County facilities.
•Total Projects: $39M
u Project Estimate:
•Estimated Cost Chiller Replacement at J1-J2 $1,525,501
7
8.B.4.a
Packet Pg. 94 Attachment: Naples Jail Facilities, J1 & J2 Chiller Presentation (8439 : Naples Jail J1 & J2 Chillers)26.B.2
Packet Pg. 596 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Summary/Financials
Re placement of HVAC System at the Naples Jail J1 & J2Design:$ 131,501 Construction: $ 1,394,000 (estimate)To tal:•$ 1,525,501 *
*Only costs incurred after January 1, 2019 will be financed by the Infrastructure Sales Tax
8
8.B.4.a
Packet Pg. 95 Attachment: Naples Jail Facilities, J1 & J2 Chiller Presentation (8439 : Naples Jail J1 & J2 Chillers)26.B.2
Packet Pg. 597 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Schedule/Status
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
DES IG N Feb-18 Aug-18
PROCUREMENT Aug-18 Sep-18
CONTRA CT AW ARD (BC C)Oct-18 Nov-18
PERMITTING De c-18 Feb-19
CONSTRU CTION De c-18 Jul -19
2020
ACTIVITY START FINISH
2018 2019
*
9
8.B.4.a
Packet Pg. 96 Attachment: Naples Jail Facilities, J1 & J2 Chiller Presentation (8439 : Naples Jail J1 & J2 Chillers)26.B.2
Packet Pg. 598 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Fiscal Impact
10
8.B.4.a
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Packet Pg. 599 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Funding Estimate
11
8.B.4.a
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Packet Pg. 600 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Recommendation
u To validate the expenditures for the replacement of the chillers,cooling towers and moisture removal units at the Naples Jail facility,J1 &J2;to ensure that this project meets the requirements of F.S.212.055,conforms to the definition of Infrastructure,and is aneligibleprojectinlinewithCountyOrdinance2018-21 and the ballotlanguagewithin;to make a finding that the project expenditures areavaliduseofInfrastructureSalesSurtaxFunding.
12
8.B.4.a
Packet Pg. 99 Attachment: Naples Jail Facilities, J1 & J2 Chiller Presentation (8439 : Naples Jail J1 & J2 Chillers)26.B.2
Packet Pg. 601 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
EMS vehicles associated with 3 new substations
Court-related expenditures for the construction, lease or maintenance of the Court-related
facilities including utilities and security infrastructure
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2019.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.4.b
Packet Pg. 100 Attachment: ISCOC Project Checklist - Naples Jail Facilities, J1 & J2 Chillers (8439 : Naples Jail J1 & J2 Chillers)26.B.2
Packet Pg. 602 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03,
04/03/2019
EXECUTIVE SUMMARY
To validate the expenditures associated with the replacement of the HVAC system for the Naples
Regional Library (Library); to ensure that this project meets the requirements of F.S. 212.055,
conforms to the definition of Infrastructure, and is an eligible project in line with County
Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures
are a valid use of Infrastructure Sales Surtax Funding.
OBJECTIVE: To validate the proposed expenditures for the replacement of the HVAC system at the
Naples Regional Library.
CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in
County Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expendit ure
occurred after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is in line with County Ordinance 2018-21. There were 3 main categories
of projects identified in Ordinance 2018-21 Transportation Projects, Facilities & Capital Replacements,
and Community Priorities. The Library HVAC replacement was identified within the Facilities & Capital
Replacements category under the sub-group of “HVAC, Roofing, and Capital Equipment Replacements at
Sheriff’s & County Facilities”. The current HVAC equipment at the Library is at 107% past its useful life
per AECOM report, the chiller could no longer be repaired, and a leased unit is on site to keep the library
HVAC operational. The temporary rental chiller costs 3k per month and has been utilized for over one
year.
The Library HVAC Replacement project fulfills the definition of infrastructure as outlined in F.S.
212.055, which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the 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.”
The Library provides a full service regional public library to the residents and visitors of the City of Naples
and surrounding communities for a total of 56 hours a week, six days per week. The Library houses the
system’s genealogy collection. The Library maintains a print collection of over 86,000 titles while also
providing meeting room space for library programs and the public to rent. Library patrons have access to
12 public internet computers, weekly children’s story time programs, and a wide variety of educational,
informational, and cultural programs for all ages. During Fiscal Year 2018, the Library provided the
community with 354 adult and youth programs, circulated 197,417 materials, and welcomed 219,128
people through the doors.
The leased system was used as a stopgap until funding could be secured. The new HVAC system will
ensure a healthy and comfortable environment for the library constituents, the staff, equipment, and book
collections. The new HVAC system will be more cost effective than the leased system and lower
maintenance costs than the previous system. It is estimated that the increased efficiency will result in the
system paying for its self within 3.5 years.
FISCAL IMPACT: Exhibit A identified HVAC, Roofing, and Capital Equipment Replacements at
Sheriff’s & County Facilities up to $39.0M for these projects. Current engineering estimates propose a
project cost of ≈$1,756,220.
8.B.5
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04/03/2019
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance No.
2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen
Oversight Committee, whose duties are as follows:
Duties. The Committee shall have the responsibility to review the expenditure of Surtax
proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in
the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot
language, (2) have a positive recommendation by this Committee, and (3) fall within the
projects and categories identified. The Committee shall not recommend alternative
projects, unless requested by the Board.
A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary
for the Committee’s review. The Committee will note that “HVAC, Roofing, and Capital Equipment
Replacements at Sheriff’s and County facilities” is specifically included in Exhibit A.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.
(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, 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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, 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 the 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
8.B.5
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04/03/2019
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>(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.
A copy of the entire statute is included as back-up to this item.
The County Attorney has reviewed this item and believes that the request meets all the requirements of
both the Statute and the Ordinance. As an aside, only those items which I believe satisfy the requirements
of both the Ordinance and the Statute will be brought to the Committee. My opinion, however, is not
binding on the Committee, as the Board of County Commissioners created this Committee “to provide for
citizen review of the expenditure of the Surtax proceeds by the County… (to) serve as an ad hoc advisory
and reporting body to the County.”
Prepared by: John McCormick, PE, Principal Project Manager, Facilities Management
ATTACHMENT(S)
1. Naples Regional Library HVAC System Replacement Presentation (PPTX)
2. ISCOC Project Checklist - Naples Regional Library HVAC (PDF)
3. [Linked] Infrastructure Surtax Statute (DOCX)
4. [Linked] Ordinance 2018-21 (PDF)
8.B.5
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04/03/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.5
Doc ID: 8441
Item Summary: To validate the expenditures associated with the replacement of the HVAC
system for the Naples Regional Library (Library); to ensure that this project meets the requirements of
F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County
Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a
valid use of Infrastructure Sales Surtax Funding.
Meeting Date: 04/03/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
03/26/2019 4:16 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/26/2019 4:16 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 03/26/2019 4:18 PM
Facilities Management Damon Grant Additional Reviewer Completed 03/27/2019 3:04 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 03/28/2019 8:49 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 03/28/2019 9:08 AM
Administrative Services Department Michael Cox Additional Reviewer Completed 03/28/2019 10:33 AM
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 4:00 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 04/03/2019 9:00 AM
8.B.5
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Validation of Expenditures for the
Replacement of the HVAC System at
the Naples Regional Library
John McCormick, PE
Principal Project Manager
Facilities Management Division, PUD
April 3, 2019
Collier County | Florida
8.B.5.a
Packet Pg. 105 Attachment: Naples Regional Library HVAC System Replacement Presentation (8441 : Naples Regional26.B.2
Packet Pg. 607 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project History
u The current HVAC equipment is at 107% past its useful life from a AECOM report (air handlers, Variable Air Volume (VAV) boxes, chilled water pumps and controls);
u Multiple repairs have been done to keep the HVAC operational;
u The chiller could no longer be repaired; and
u A rental chiller is being used to keep the Library operational
•Costs 3k Per Month
•Used Over One Year
1
Public Utilities Department
8.B.5.a
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Packet Pg. 608 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Location Map
Public Utilities Department
2
8.B.5.a
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Packet Pg. 609 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Location Map
Public Utilities Department
3
8.B.5.a
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Packet Pg. 610 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Naples Regional Library
Public Utilities Department
4
8.B.5.a
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Packet Pg. 611 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Naples Regional Library HVAC
Public Utilities Department
5
8.B.5.a
Packet Pg. 110 Attachment: Naples Regional Library HVAC System Replacement Presentation (8441 : Naples Regional26.B.2
Packet Pg. 612 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Summary/Financials
u 7-Year Sales Tax in Sub Category HVAC, Roofing, and Capital Equipment Replacements at Sheriff’s & County facilities.
•Total Projects: $39M
u Project Estimate:
•Estimated Cost HVAC System at NRL: $1,756,220
Public Utilities Department
6
8.B.5.a
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Packet Pg. 613 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Summary/FinancialsReplacement of HVAC System at the Naples Regional LibraryDesign:$ 152,000 Permitting & Mitigation: $ 8,000 (estimate)Construction:$ 1,536,220 (estimate)Construction Engineering Inspection:$ 60,000 (estimate)To tal:•$ 1,756,220
7
Public Utilities Department
8.B.5.a
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Packet Pg. 614 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Schedule/Status
Public Utilities Department
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
DESIG N Sep-18 Jul-19
PROCUREMENT Jul-19 De c-19
CONTRACT AWARD (BC C)Sep-19 Ma r-20
PERMITTI NG Jan-20 Ma r-20
CONSTRU CTION Jan-20 De c-20
2020
ACTIVITY START FINISH
2018 2019
8
8.B.5.a
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Fiscal Impact
Public Utilities Department
9
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Public Utilities Department
Project Funding Estimate
10
8.B.5.a
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Packet Pg. 617 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Recommendation
u To validate the expenditures for the replacement of the HVAC
System at the Naples Regional Library;to ensure that this project
meets the requirements of F.S.212.055,conforms to the
definition of Infrastructure,and is an eligible project in line with
County Ordinance 2018-21 and the ballot language within;to
make a finding that the project expenditures are a valid use of
Infrastructure Sales Surtax Funding.
Public Utilities Department
11
8.B.5.a
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Packet Pg. 618 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
EMS vehicles associated with 3 new substations
Court-related expenditures for the construction, lease or maintenance of the Court-related
facilities including utilities and security infrastructure
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2019.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.5.b
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04/03/2019
EXECUTIVE SUMMARY
To validate the expenditures for the design and the replacement of the roof at the Health
Department Building, Building H, on the Government campus; to ensure that this project meets the
requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project
in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the
project expenditures are a valid use of Infrastructure Sales Surtax Funding.
OBJECTIVE: To validate the proposed expenditures for the design and the replacement of the roofing
system at the Health Department Building, Building H, on the Government Campus.
CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in
County Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure
occurred after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is in line with County Ordinance 2018-21. There were 3 main categories
of projects identified in Ordinance 2018-21 Transportation Projects, Facilities & Capital Replacements,
and Community Priorities. A sub-category under Facilities & Capital Replacements is the HVAC,
Roofing, and Capital Equipment Replacements at Sheriff’s & County facilities.
The replacement of the roof at the Health Department Building, Building H, fulfills the definition of
infrastructure as outlined in F.S. 212.055, which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the 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.”
The Health Department Building, Building H, was constructed in 1988 with a single ply membrane roof
system, due to the environmental conditions in South West Florida, the single ply roof lasted
approximately 12 years and was replaced in 2000 with a 4-ply built -up styrene-butadiene-styrene (SBS)
modified bituminous roofing system. The roof was recoated about nine years later in 2009. The roof has
been patched in multiple locations over the past five years due to high foot traffic for HVAC repairs and
the impacts of hurricane Irma which have accelerated the decay. Despite the multiple patches the roof is
in poor condition and is leaking on the south wing of the building. In January 2019, a Work Order was
issued to BSSW to design the re-roof for Building H. The new roof will protect the value and life of
Building H.
FISCAL IMPACT: Exhibit A identified up to $39M for projects within the Facilities & Capital
Replacements is the HVAC, Roofing, and Capital Equipment Replacements at Sheriff’s & County
facilities sub category.
Building H Roof Replacement
Design $ 55,000
Roofing Insulation & Flashing-
Construction Cost Opinion (BSSW)
$602,000
Total $657,000
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance No.
8.B.6
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04/03/2019
2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen
Oversight Committee, whose duties are as follows:
Duties. The Committee shall have the responsibility to review the expenditure of Surtax
proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in
the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot
language, (2) have a positive recommendation by this Committee, and (3) fall within the
projects and categories identified. The Committee shall not recommend alternative
projects, unless requested by the Board.
A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary
for the Committee’s review. The Committee will note that “HVAC, Roofing, and Capital Equipment
Replacements at Sheriff’s & County facilities” is specifically included in Exhibit A.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.
(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, 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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, 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 the 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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
8.B.6
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04/03/2019
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>(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.
A copy of the entire statute is included as back-up to this item.
The County Attorney has reviewed this item and believes that the request meets all the requirements of
both the Statute and the Ordinance. As an aside, only those items which I believe satisfy the requirements
of both the Ordinance and the Statute will be brought to the Committee. My opinion, however, is not
binding on the Committee, as the Board of County Commissioners created this Committee “to provide for
citizen review of the expenditure of the Surtax proceeds by the County… (to) serve as an ad hoc advisory
and reporting body to the County.”
Prepared by: John McCormick, PE, Principal Project Manager, Facilities Management Division
ATTACHMENT(S)
1. Building H Roof Replacement Presentation (PPTX)
2. ISCOC Project Checklist - Building H Roof Replacement (PDF)
3. [Linked] Infrastructure Surtax Statute (DOCX)
4. [Linked] Ordinance 2018-21 (PDF)
8.B.6
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04/03/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.6
Doc ID: 8435
Item Summary: To validate the expenditures for the design and the replacement of the roof at the
Health Department Building, Building H, on the Government campus; to ensure that this project meets
the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in
line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project
expenditures are a valid use of Infrastructure Sales Surtax Funding.
Meeting Date: 04/03/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
03/26/2019 2:49 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/26/2019 2:49 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 03/26/2019 2:50 PM
Facilities Management Damon Grant Additional Reviewer Completed 03/27/2019 3:01 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 03/28/2019 10:05 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 03/28/2019 10:17 AM
Administrative Services Department Michael Cox Additional Reviewer Completed 03/28/2019 10:29 AM
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 3:56 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 04/03/2019 9:00 AM
8.B.6
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Packet Pg. 623 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03,
Validation of Expenditures for the
Replacement of the Roofing System at
the Health Department Building,
Building H
Project Number: 51031
John McCormick, PE
Principal Project Manager
Facilities Management Division, PUD
April 3, 2019
Collier County | Florida
8.B.6.a
Packet Pg. 122 Attachment: Building H Roof Replacement Presentation (8435 : Building H Roof Replacement26.B.2
Packet Pg. 624 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project HistoryThe Health Department Building, Building H, was constructed in 1988 with a single ply membraned roof system:
u Due to the environmental conditions in South West Florida,thesingleplyrooflastedapproximately12yearsandwasreplaced in 2000 with a 4-ply built –upstyrene-butadiene-styrene (SBS)modified bituminous roofing system.The 4-ply was recoatedIn2009,which was about nine years later.
u Since the time of the replacement,the roof has been patched in multiple locations over the pastfiveyearsduetohighfoottrafficrepairstoHVACsystemandtheimpactsofhurricaneIrmahasacceleratedthedecay.
u Currently,the roof is leaking on the south wing of the building,patching is no longer an option topreventleaks.Due to the constant leaking and patching,the roof is in extremely poor condition.
u In January 2019,a Work Order was issued to BSSW to design the re-roof for Building H.
u The new roof will protect the value and life of Building H.
1Public Utilities Department
8.B.6.a
Packet Pg. 123 Attachment: Building H Roof Replacement Presentation (8435 : Building H Roof Replacement26.B.2
Packet Pg. 625 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Location Map
Public Utilities Department 2
8.B.6.a
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Packet Pg. 626 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Location Map -Collier County Government
Public Utilities Department 3
8.B.6.a
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Packet Pg. 627 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Health Department, Building H
4Public Utilities Department
8.B.6.a
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Packet Pg. 628 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Site Photos
5Public Utilities Department
8.B.6.a
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Packet Pg. 629 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Summary/Financials
u 7-Ye ar Sales Tax in Sub Category HVAC, Roofing, and Capital Equipment Replacements at Sheriff ’s & County facilities.
•To tal Projects: $39M
u Project Estimate:
•Estimated Cost Roofing System at Building H: $657,000
6Public Utilities Department
8.B.6.a
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Packet Pg. 630 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Summary/Financials
Public Utilities Department
Re placement of HVAC System at the Health Department , Building HDesign/Engineering:$ 55,000 Construction: $ 602,000 (estimate)To tal:•$ 657,000
7
8.B.6.a
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Packet Pg. 631 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Schedule/Status
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
DESIGN Oct-18 Jan-19
BIDDI NG /PRO CUREMENT Apr-19 Jul-19
PERMITTI NG Apr-19 Jun-19
CO NTRACT A WARD (BCC)Oct-19 Dec-19
CO NSTRUCTION Oct-19 Jan-20
2020
ACTIVITY START FINISH
2018 2019
8Public Utilities Department
8.B.6.a
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Fiscal Impact
Public Utilities Department 9
8.B.6.a
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Packet Pg. 633 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Funding Estimate
Public Utilities Department 10
8.B.6.a
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Packet Pg. 634 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Recommendation
u To validate the expenditures for the replacement of the roof systemandtheCollierCountyHealthDepartment,Building H,to ensure thatthisprojectmeetstherequirementsofF.S.212.055,conforms to thedefinitionofInfrastructure,and is an eligible project in line withCountyOrdinance2018-21 and the ballot language within;to make afindingthattheprojectexpendituresareavaliduseofInfrastructureSalesSurtaxFunding.
Public Utilities Department 11
8.B.6.a
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Packet Pg. 635 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
EMS vehicles associated with 3 new substations
Court-related expenditures for the construction, lease or maintenance of the Court-related
facilities including utilities and security infrastructure
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2019.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.6.b
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04/03/2019
EXECUTIVE SUMMARY
To validate the expenditures for the design, CEI, and the construction for the Big Corkscrew Island
Regional Park; to ensure that this project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and
the ballot language within; to make a finding that the project expenditures are a valid use of
Infrastructure Sales Surtax Funding.
OBJECTIVE: To validate the proposed expenditures for the design, CEI, and the construction for the
Big Corkscrew Island Regional Park.
CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in County
Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure occurred
after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the definition of
Infrastructure, and is in line with County Ordinance 2018-21. There were 3 main categories of projects
identified in Ordinance 2018-21 Transportation Projects, Facilities & Capital Replacements, and
Community Priorities. Big Corkscrew Island Regional Park was specifically identified within the
Facilities & Capital Replacements category. Additionally, Parks were included in the ballot language
within Exhibit A of the ordinance.
The Big Corkscrew Island Regional Park project fulfills the definition of infrastructure as outlined in F.S.
212.055, which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the 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.”
The Estates area does not currently have a regional park to serve the recreational needs of the area. This
facility will assist Parks and Recreation to meet their growing needs and demands and will deliver the
level of service to this region consistent with County wide service levels. The Park will be located on a
49-acre property East of Immokalee Road and North of Oil Well Road to the East of the Collier County
Fairgrounds. The Big Corkscrew Island Regional Park is designed to include an Aquatics Center,
Community Center, Athletic Fields, Event Lawn, Playground, Basketball and Racquet courts, walking
paths and other amenities for the community.
The Big Corkscrew Island Regional Park is a component of the Collier County Growth Management
Plan; Recreation and Open Space Element, Adopted October 1997, as Amended in Ordinance No, 2015-
10, Approved by the Board of County Commissioners, January 27, 2015, and is also included in the
Collier County Parks & Recreation Master Plan dated May 2018.
FISCAL IMPACT: Exhibit A identified up to $40M for this project, the costs for Phase I and II for
Design, CEI and Construction are actual and estimated below.
Design CEI Services Construction Cost*
Phase I $3,631,979 $1,932,314 $51,100,000 (90% estimate)
Phase II $ 0749,176 $ 0900,000 (estimate) $15M to $30M (estimate)
* The construction is not out to bid yet.
9.A
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04/03/2019
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance No.
2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen
Oversight Committee, whose duties are as follows:
Duties. The Committee shall have the responsibility to review the expenditure of Surtax
proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in
the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot
language, (2) have a positive recommendation by this Committee, and (3) fall within the
projects and categories identified. The Committee shall not recommend alternative
projects, unless requested by the Board.
A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary
for the Committee’s review. The Committee will note that Big Corkscrew Regional Park is specifically
included in Exhibit A.
In addition to the Ordinance, it is important that the Committee be comforta ble that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-
(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, 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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, 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 the 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
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
9.A
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Packet Pg. 638 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03,
04/03/2019
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>(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.
A copy of the entire statute is included as back-up to this item.
The County Attorney has reviewed this item and believes that the request meets all the requirements of
both the Statute and the Ordinance. As an aside, only those items which I believe satisfy the requirements
of both the Ordinance and the Statute will be brought to the Committee. My opinion, however, is not
binding on the Committee, as the Board of County Commissioners created this Committee “to provide for
citizen review of the expenditure of the Surtax proceeds by the County… (to) serve as an ad hoc advisory
and reporting body to the County.”
RECOMMENDATION: That the Committee validates the expenditures for the design, CEI, and the
construction for the Big Corkscrew Island Regional Park and makes a finding that the project
expenditures are a valid use of Infrastructure Sales Surtax Funding.
Prepared by: Leandro Goicoechea, Sr. Project Manager, Facilities Management
ATTACHMENT(S)
1. BCIRP Presentation (PPTX)
2. ISCOC Project Checklist - BCIRP (PDF)
3. [Linked] Infrastructure Surtax Statute (DOCX)
4. [Linked] Ordinance 2018-21 (PDF)
9.A
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04/03/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 9.A
Doc ID: 8443
Item Summary: ***This item has been continued from the March 6, 2019 ISCOC meeting***
To validate the expenditures for the design, CEI, and the construction for the Big Corkscrew Island
Regional Park; to ensure that this project meets the requirements of F.S. 212.055, conforms to the
definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the
ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure
Sales Surtax Funding.
Meeting Date: 04/03/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
03/26/2019 4:26 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/26/2019 4:26 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 03/26/2019 4:26 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 03/26/2019 5:28 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 03/27/2019 8:33 AM
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 3:54 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 04/03/2019 9:00 AM
9.A
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Packet Pg. 640 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03,
Validation of Expenditures for
Design, CEI and Construction for Big
Corkscrew Island Regional Park
Project #80039
Leandro Goicoechea, PE, MEM
Senior Project Manager
Facilities Management Division, PUD
March 6, 2019
Collier County | Florida
9.A.a
Packet Pg. 139 Attachment: BCIRP Presentation (8443 : Big Corkscrew Island Regional Park)26.B.2
Packet Pg. 641 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Location Map
Public Utilities Department
Immokalee
Immokalee Rd
Naples
Immokalee Rd
Big Corkscrew
Island Regional Park
2
9.A.a
Packet Pg. 140 Attachment: BCIRP Presentation (8443 : Big Corkscrew Island Regional Park)26.B.2
Packet Pg. 642 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Location Map
Public Utilities Department
3
9.A.a
Packet Pg. 141 Attachment: BCIRP Presentation (8443 : Big Corkscrew Island Regional Park)26.B.2
Packet Pg. 643 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Big Corkscrew Island Regional Park
Public Utilities Department 4
Project
Boundaries
To Immokalee Rd
Oil Well Rd
9.A.a
Packet Pg. 142 Attachment: BCIRP Presentation (8443 : Big Corkscrew Island Regional Park)26.B.2
Packet Pg. 644 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Big Corkscrew Island Regional Park
Phase I
Public Utilities Department 5
To Immokalee Rd
9.A.a
Packet Pg. 143 Attachment: BCIRP Presentation (8443 : Big Corkscrew Island Regional Park)26.B.2
Packet Pg. 645 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Big Corkscrew Island Regional Park
Phase II
Public Utilities Department 6
9.A.a
Packet Pg. 144 Attachment: BCIRP Presentation (8443 : Big Corkscrew Island Regional Park)26.B.2
Packet Pg. 646 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Budget
u Design:
–Phase I: $3,631,979
–Phase II: $ 749,176
u CEI Services:
–Phase I: $1,932,314
–Phase II: $ 900,000 (estimate)
u Construction Cost:
–Phase I: $51,100,000 (90% estimate)
–Phase II: $15M to $30M (estimate)
Public Utilities Department 7
9.A.a
Packet Pg. 145 Attachment: BCIRP Presentation (8443 : Big Corkscrew Island Regional Park)26.B.2
Packet Pg. 647 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Schedules
Public Utilities Department 8
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
DESIGN Oct-18 Oct-19
30%DESIGN Jan-19 Mar-19
60%DESIGN Apr-19 Jun-19
90%DESIGN Jun-19 Sep-19
100%DESIGN & BID DOCUMENTS Sep-19 Oct-19
BIDDING PROCESS Dec-19 Jun-20
CONSTRUCTION Jul-20 Sep-21
PH ASE II
ACTIVITY START FINISH
2017 2018 2019 2020 2021
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
DESIGN Mar-17 Nov-18
30%DESIGN Mar-17 Oct-17
60%DESIGN Apr-18 Jun-18
90%DESIGN Au g-18 Dec-18
100%DESIGN & BID DOCUMENTS Jan-19 Mar-19
BIDDING PROCESS Mar-19 Sep-19
CONSTRUCTION Oct-19 Sep-21
PH ASE I
ACTIVITY START FINISH
2017 2018 2019 2020 2021
9.A.a
Packet Pg. 146 Attachment: BCIRP Presentation (8443 : Big Corkscrew Island Regional Park)26.B.2
Packet Pg. 648 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Fiscal Impact
u Exhibit A identified up to $40M for this project.
Public Utilities Department 9
9.A.a
Packet Pg. 147 Attachment: BCIRP Presentation (8443 : Big Corkscrew Island Regional Park)26.B.2
Packet Pg. 649 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Funding
Public Utilities Department 10
$20M
$40M
$-
$10M
$20M
$30M
$40M
$50M
$60M
$70M
$80M
Current Funding 7-Year Sales Tax Total Estimated Cost
Project Funding
Estimated
$60M-$80M
9.A.a
Packet Pg. 148 Attachment: BCIRP Presentation (8443 : Big Corkscrew Island Regional Park)26.B.2
Packet Pg. 650 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Recommendation
u To validate the expenditures for the design,CEI,and the
construction for the Big Corkscrew Island Regional Park;to
ensure that this project meets the requirements of F.S.212.055,
conforms to the definition of Infrastructure,and is an eligible
project in line with County Ordinance 2018-21 and the ballot
language within;to make a finding that the project expenditures
are a valid use of Infrastructure Sales Surtax Funding.
Public Utilities Department 11
9.A.a
Packet Pg. 149 Attachment: BCIRP Presentation (8443 : Big Corkscrew Island Regional Park)26.B.2
Packet Pg. 651 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax
Project Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
EMS vehicles associated with 3 new substations
Court-related expenditures for the construction, lease or maintenance of the Court-related
facilities including utilities and security infrastructure
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2019.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
9.A.b
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Packet Pg. 652 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03,
04/03/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 9.B
Item Summary: Monthly Report to Committee - April
Meeting Date: 04/03/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
03/26/2019 2:18 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/26/2019 2:18 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig Additional Reviewer Completed 03/27/2019 11:04 AM
Administrative Services Department Michael Cox Additional Reviewer Completed 03/27/2019 1:41 PM
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 3:59 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 04/03/2019 9:00 AM
9.B
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Packet Pg. 653 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03,
Sales Tax
Allocation (in
Millions)
Projects
Validated by
Committee Balance
Expended/
Encumbered
to Date
Transportation:
60168 Vanderbilt Bch Rd Ext. - 951 to 8th/16th 74$ 74$ -$ -$
60201 Pine Ridge Rd, Livingston 23$ -$ 23$ -$
66066 Bridge Replacement 7$ -$ 7$ -$
60065 Randall Intersection 7$ -$ 7$ -$
60190 Airport Rd. - Vanderbilt to Immok 4$ -$ 4$ -$
60215 Triangle Blvd 6$ 6$ -$ -$
60212 New Bridges (11) Golden Gate Estates 60$ -$ 60$ -$
Sidewalks 10$ -$ 10$ -$
Subtotal - Transportation 191$ 80$ 111$ -$
Facilities & Capital Replacements
Forensic/Evidence Bldg 33$ -$ 33$ -$
80039 Big Corkscrew Island Regional Park 40$ -$ 40$ -$
50145 DAS Shelter Improvements/Replacement 6$ 6$ -$ -$
HVAC, Roofing, & Cap Equip Replace at
Sheriff's and County Facilities 39$ -$ 39$ -$
Hurricane Resilience 15$ -$ 15$ -$
EMS Substations (3)6$ -$ 6$ -$
Subtotal - Fac & Cap Replacements 139$ 6$ 133$ -$
Community Priorities
Career and Tech Training Ctr 15$ -$ 15$ -$
50112 VA Nursing Home 30$ -$ 30$ -$
Workforce Housing Land Trust Fund 20$ -$ 20$ -$
Mental Health Facility 25$ -$ 25$ -$
Subtotal - Comm Priorities 90$ -$ 90$ -$
Grand Total - Expenditures 420$ 86$ 334$ -$
Ord 2018-21
Collected to
Date Balance
Revenues
312610 Infrastructure Sales Tax Revenue 420$ -$ 420$
Interest Earnings -$
Short-Term Loans
Loan Proceeds Received
Commercial Paper A-0-0 -$
Debt Service Payments (Interest+Principal)**
Commercial Paper A-0-0 -$
** Interest is paid monthly, Principal payments are made quarterly
One Penny Infrastructure Sales Tax - Status of Projects in Exhibit A
As of March 22, 2019
H:\Infrastructure Sales Tax FY19-FY25\Monthly Report to Committee.xlsx Apr 2019 3/26/2019
9.B.a
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04/03/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 9.C
Item Summary: Committee Support Documents
Meeting Date: 04/03/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
03/27/2019 5:11 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/27/2019 5:11 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 03/27/2019 5:11 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 03/27/2019 11:15 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 03/28/2019 10:37 AM
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 4:01 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 04/03/2019 9:00 AM
9.C
Packet Pg. 153
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Packet Pg. 655 Attachment: [Linked] Agenda and Back-up Documents - April 03, 2019 (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03,
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of
proceeds.—It is the legislative intent that any authorization for imposition of a discretionary
sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective
of the duration of the levy. Each enactment shall specify the types of counties authorized to levy;
the rate or rates which may be imposed; the maximum length of time the surtax may be imposed,
if any; the procedure which must be followed to secure voter approval, if required; the purpose
for which the proceeds may be expended; and such other requirements as the Legislature may
provide. Taxable transactions and administrative procedures shall be as provided in s. 212.054.
(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 majority 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
9.C.a
Packet Pg. 154 Attachment: Infrastructure Surtax Statute (8475 : Committee Support Documents)26.B.2
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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, 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 the 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 utilities 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
9.C.a
Packet Pg. 155 Attachment: Infrastructure Surtax Statute (8475 : Committee Support Documents)26.B.2
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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; 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 allocate 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
9.C.a
Packet Pg. 156 Attachment: Infrastructure Surtax Statute (8475 : Committee Support Documents)26.B.2
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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 county 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 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.
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ORDINANCE NO. 2018- 21
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, IMPOSING A COUNTYWIDE LOCAL
GOVERNMENT INFRASTRUCTURE SURTAX OF ONE PERCENT (1%)
ON ALL AUTHORIZED TAXABLE TRANSACTIONS OCCURRING
WITHIN COLLIER COUNTY, AS AUTHORIZED BY SECTION
212.055(2), FLORIDA STATUTES, EFFECTIVE BEGINNING JANUARY
1, 2019, FOR A PERIOD OF UP TO SEVEN (7) YEARS OR UNTIL THE
AGGREGATE FUNDS OF$490,000,000 ARE COLLECTED,WHICHEVER
IS SOONER; PROVIDING THAT THE IMPOSITION OF THE SURTAX
SHALL BE CONTINGENT ON APPROVAL AT A COUNTYWIDE
REFERENDUM; PROVIDING FOR A WEBPAGE WHICH DETAILS THE
PROPOSED PROJECTS FOR THE PUBLIC; PROVIDING FOR
DISTRIBUTION OF SURTAX REVENUES AMONG THE COUNTY AND
THE MUNICIPALITIES WITHIN THE COUNTY; PROVIDING FOR
CITIZEN OVERSIGHT; PROVIDING BALLOT LANGUAGE AND
DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A
COUNTYWIDE PRECINCT REFERENDUM ELECTION ON
NOVEMBER 6,2018.
WHEREAS, Section 212.055(2),Florida Statutes, authorizes the Collier County Board of
County Commissioners ("Board") to impose a 1.0 percent (1%) local government infrastructure
surtax("Surtax")upon transactions occurring within Collier County("County")which are taxable
under Chapter 212, Florida Statutes; and
WHEREAS,a 1.0 percent(1%) Surtax would,under current State sales tax rates,result in
a one cent (1¢) Surtax on each one dollar ($1.00) sale as specifically provided by law and will be
applied to each fractional part of one dollar accordingly; and
WHEREAS,the Surtax differs from the transactions subject to the State sales tax in that
the local option sales tax base applies only to the first $5,000 of the purchase price of an item of
taxable personal property while the State sales tax applies to the entire purchase price regardless
of amount,pursuant to Section 212.054(2)(b)(1), Florida Statutes; and
WHEREAS,the Surtax does not apply to certain groceries,medical products and supplies,
fuel,and other specifically identified goods and services listed in Section 212.08,Florida Statutes;
and
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WHEREAS, the funds derived from the imposition of the Surtax shall be distributed to
the County and the municipalities of the County("Municipalities"),as set forth in Section 218.62,
Florida Statutes, if no interlocal agreement is entered into; and
WHEREAS, funds received from the Surtax authorized by Section 212.055(2), Florida
Statutes,may be utilized by the County and Municipalities to finance,plan, construct,reconstruct,
renovate and improve needed infrastructure,as defined in Section 212.055(2)(d), Florida Statutes;
and
WHEREAS,the County and the Municipalities are presently without sufficient fiscal and
monetary resources to adequately fund their infrastructure needs; and
WHEREAS,adequate public infrastructure facilities of the types herein described promote
the safe, efficient and uninterrupted provision of numerous essential public services provided by
the County and the Municipalities, including but not limited to roads,bridges, signals, sidewalks,
parks, evacuation shelters, governmental facilities, including emergency services facilities;
acquiring land and construction for workforce housing and career and technical training,veterans'
nursing home and expand mental health facilities; and
WHEREAS, a brief description of the projects to be funded is set forth in the ballot
language contained in this Ordinance and a more specific list of projects to be funded is attached
hereto as Exhibit A; and
WHEREAS, the County and the Municipalities shall establish a citizen oversight
committee to provide for citizen review of the expenditure of Surtax proceeds.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE. Incorporation of Recitals.
The above recitals are true and correct and are hereby incorporated by reference.
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SECTION TWO. Imposition of Local Government Infrastructure Surtax.
There is hereby imposed a one percent (1%) local government infrastructure surtax
Surtax") upon all authorized taxable transactions occurring within the County.
SECTION THREE. Administration, Collection and Distribution of Proceeds.
The Surtax shall be administered,collected,and enforced in accordance with the provisions
of Section 212.054, Florida Statutes, and the rules promulgated by the Florida Department of
Revenue. The proceeds of the Surtax shall be distributed by the Department of Revenue directly
to the County and Municipalities, in accordance with Section 218.62, Florida Statutes.
SECTION FOUR. Referendum Election.
a) The Surtax imposed in Section Two hereof shall not take effect unless and until
approved by a majority of the electors of the County voting in a countywide precinct referendum
election on the Surtax.
b) The Collier County Supervisor of Elections is hereby directed to hold such
countywide precinct referendum election on November 6,2018.
c) The Collier County Supervisor of Elections shall cause the following proposition
to be placed on the ballot:
COLLIER COUNTY AND MUNICIPAL INFRASTRUCTURE
ONE-CENT SALES SURTAX
To enhance safety, mobility, and hurricane preparedness in Collier
County and its cities by constructing, repairing, and maintaining
roads, bridges, signals, sidewalks, parks, evacuation shelters,
governmental and emergency services facilities; acquire land and
support construction for workforce housing and career and technical
training,veterans'nursing home and expand mental health facilities;
shall the County levy a one-cent sales surtax beginning January 1,
2019 and automatically ending December 31, 2025, with oversight
by citizen committee?
FOR THE ONE-CENT SALES TAX
AGAINST THE ONE-CENT SALES TAX
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SECTION FIVE. Advertisement and Webpage.
The Collier County Clerk of Court shall insure that notice of this referendum be advertised
in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall
be provided to the Chair of the Board. Upon adoption of this Ordinance, the County shall create
a webpage available to the public on the County's main website which details the proposed projects
to be funded by the Surtax,as well as the particulars regarding the imposition and collection of the
Surtax.
SECTION SIX.Expiration Date; Survival of Certain Restricted Uses.
a) Sunset. In all events,this Ordinance shall be in effect only through December 31,
2025. It shall sunset and expire thereafter,without further action by the Board and the electors, at
which time it shall be deemed repealed and of no further force and effect, and the Surtax levied
hereunder shall terminate. Alternatively,this Ordinance shall sunset on December 31 st of any year
during the term of this Ordinance in the event that the total aggregate distributions of Surtax
proceeds equal or exceed the amount of$490,000,000 at any time during that calendar year, in
which event the Board shall take necessary action to repeal this Ordinance and notify the Florida
Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the
following year.
b) Survival of restrictions on use of Surtax proceeds. Notwithstanding the provisions
of subsection (a) for the expiration and repeal of this Ordinance, so long as any Surtax proceeds
shall remain unspent, the restrictions hereby imposed concerning the distribution and use of such
Surtax proceeds as well as the proceeds of any borrowings payable from Surtax proceeds, and all
interest and other investment earnings on either of them shall survive such expiration and repeal
and shall be fully enforceable in a court of competent jurisdiction.
SECTION SEVEN. Infrastructure Surtax Citizen Oversight Committee.
a) Creation. Upon the approval of the Surtax by the electors of Collier County, the
Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee("Committee")
to provide for citizen review of the expenditure of the Surtax proceeds by the County, as soon as
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possible after the Surtax becomes effective,but not later than the date on which the funds are first
expended. The Committee shall serve as an ad hoc advisory and reporting body to the County.
b) Composition. The Committee shall be comprised of seven (7) members. There
shall be one(1)member appointed from each County District,and two(2)at-large members. Upon
confirmation that said individuals meet the requirements herein, the Board shall appoint said
individuals to this Committee. Appointment of positions, unless otherwise stated herein, shall be
governed by Collier County Ordinance No. 2001-55, as may be amended, or by its successor
ordinance.
c) Membership Qualifications. All members shall have the following qualifications:
1) Member shall be a resident of Collier County;
2) Member shall not be an elected official;
3) Member shall not be a current employee of any governmental body within
Collier County;
4) Special consideration shall be given to nominees that have financial or
business management backgrounds and experience; and
5) Member shall meet the qualifications set forth in Collier County Ordinance
No. 2001-55, as may be amended or its successor ordinance.
d) Term. The initial terms for the at-large seats shall be one year;the remainder of the
at-large terms shall be for two years or until the Committee sunsets. The initial terms and all terms
thereafter for each District seat shall be for two years or until the Committee sunsets. All members
shall be eligible for reappointment upon the expiration of their term. Upon resignation or removal
of a member from a seat, that seat will be filled for the remainder of its term.
e) Removal. Removal of members from the Committee shall be in accordance with
the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor
ordinance.
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f) Sunset. The Committee shall sunset and terminate without further action by the
Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the
County. At its final meeting after the Surtax proceeds have been expended, the Committee shall
prepare a final report to the Board with its findings and recommendations.
g) Duties. The Committee shall have the responsibility to review the expenditure of
Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in the
attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2)
have a positive recommendation by this Committee,and(3)fall within the projects and categories
identified. The Committee shall not recommend alternative projects, unless requested by the
Board.
h) Officer; Meetings; Quorum; Rules of Procedure.
1) Annually the members of the Committee shall elect a chairperson and vice
chairperson from among the members. The chairperson's and vice chairperson's terms in such
positions shall be for one(1)year with eligibility for re-election by the members of the Committee.
2) The Committee shall meet monthly, or as otherwise needed to fulfill their
duties and responsibilities.
3) The presence of at least five (5) members shall constitute a quorum of the
Committee necessary to take action and transact business. In addition, an affirmative vote of a
super majority (majority present plus one) shall be necessary in order to take official action.
Furthermore,by simple majority vote,but never with less than 5 members present,the Committee
shall adopt rules of procedure for its meetings, and thereafter shall be governed by its procedures,
as amended from time to time.
4) The Committee shall keep a written record of meetings, resolutions,
findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits
shall be submitted to the Board. The Committee shall submit an annual report of its findings and
recommendations to the Board.
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i) Reimbursement of Expenses. Committee members shall receive no compensation
for the performance of their duties, but shall be entitled to receive reimbursement for expenses
reasonably incurred in the performance of their duties upon prior approval by the Board.
j) Duties of the County Manager's Office. The County Manager's Office will provide
such documentation, information, descriptions of procedures, secretarial support and general
assistance to the Committee as may be necessary for the Committee to carry out its functions as
set forth herein.
k) The Committee, its members, and all its proceedings shall be governed by and
comply with the provisions of the Florida Sunshine Law,Chapter 286,Florida Statutes,the Florida
Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112,
Florida Statutes, and all other applicable local or state statutes, ordinances, or rules.
SECTION EIGHT. Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE. Inclusion in The Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or
any other appropriate word.
SECTION TEN. Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this Ze4\ day of r\\ 2018.
ATTEST:BOARD OF COUNTY COMMISSIONERS
DWIGHT E.,BROCK, Clerk COLLIER P I TY, FLO' !! •
By---. 1 A A B
Attest as to Chairman's'
Deputy Cle IOWAndy Solis, Chairman
signature only.
Appro 1;,d -- ! rm and legality:
41111 ,
Jeffrey • r ow, County Attorney
This ordinance filed with the
Secretary of St tkensOffice
v4lo ''day of _
and acknowledgement otf that
filing eceived this dayy
of _ L.
49
By __ _
tout tk
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ofTY, Sr
FIk y 1 ei
I
614,Ka.Ce.''
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 26, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-21, which was filed in this office on April 26, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
9.C.b
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04/03/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 12.A
Item Summary: Next Meeting Date - May 1, 2019
Meeting Date: 04/03/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
03/28/2019 3:51 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
03/28/2019 3:51 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 3:52 PM
County Manager's Office Heather Yilmaz Review Item Completed 03/28/2019 4:00 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 04/03/2019 9:00 AM
12.A
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26.B.4Packet Pg. 676Attachment: Checklist All Projects Validated - 04_03_2019 (Signed) (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03, 2019)
26.B.4Packet Pg. 677Attachment: Checklist All Projects Validated - 04_03_2019 (Signed) (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03, 2019)
26.B.4Packet Pg. 678Attachment: Checklist All Projects Validated - 04_03_2019 (Signed) (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03, 2019)
26.B.4Packet Pg. 679Attachment: Checklist All Projects Validated - 04_03_2019 (Signed) (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03, 2019)
26.B.4Packet Pg. 680Attachment: Checklist All Projects Validated - 04_03_2019 (Signed) (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03, 2019)
26.B.4Packet Pg. 681Attachment: Checklist All Projects Validated - 04_03_2019 (Signed) (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03, 2019)
26.B.4Packet Pg. 682Attachment: Checklist All Projects Validated - 04_03_2019 (Signed) (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03, 2019)
26.B.4Packet Pg. 683Attachment: Checklist All Projects Validated - 04_03_2019 (Signed) (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03, 2019)
26.B.5Packet Pg. 684Attachment: Checklist All Projects Validated - 03_06_2019 (Signed) (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03, 2019)
26.B.5Packet Pg. 685Attachment: Checklist All Projects Validated - 03_06_2019 (Signed) (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03, 2019)
26.B.5Packet Pg. 686Attachment: Checklist All Projects Validated - 03_06_2019 (Signed) (8775 : Infrastructure Surtax Citizen Oversight Committee - April 03, 2019)