ISCOC Agenda 05/01/2019COLLIER COUNTY
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE
Agenda
May 1, 2019
8:30 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
A. Meeting Minutes - April 3, 2019
6. PUBLIC COMMENT
7. NEW BUSINESS
8. PROJECTS
A. TRANSPORTATION
1. To validate the proposed expenditures for improvements towards the Pine Ridge Road
Corridor Improvements from Livingston Road to I-75 Interchange; 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 expenditures for the design, construction, engineering and inspection
(CEI), and construction for the replacement of the Building H, 3rd floor HVAC system 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.
2. To validate the expenditures associated with the design, Construction, Engineering and
Inspection (CEI), and the construction for the Forensic/Evidence Building 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. Monthly Report to Committee - May
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B. Committee Support Documents
10. ANNOUNCEMENTS
11. COMMITTEE MEMBER DISCUSSION
12. NEXT MEETING DATE
A. Next Meeting Date - June 5, 2019
13. ADJOURNMENT
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MINUTES OF THE REGULAR MEETING OF THE COLLIER COUNTY
Infrastructure Surtax Citizen Oversight Committee
April 3, 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: 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 Infrastructure Surtax Statute and Ordinance 2018-21 was included as requested by Committee
for this meeting and all future meetings.
4. Approval of The Agenda
The agenda was distributed to all present and approved.
5. Approval of minutes from Previous Meeting
A. Meeting Minutes – March 6, 2019
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The minutes was distributed to all present and approved.
6. Public Comment
Mr. Phil Brougham, with the PARAB Board spoke in favor of the BCIRP project.
7. New Business
Committee members agreed to move the meeting schedule for Future meetings with a start time of
8:30 a.m.
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.
The Principal Project Manager, Ms. Marlene Messam, presented the Eleven Bridge project for
validation. Committee members ensued on discussion, regarding the project and the Chairman
asked to get a Motion.
A motion to approve the project was made and was 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. The County Attorney provided supporting
documentation to the Committee for their validation that the project meets ballot language, F.S.
212.055 requirements and County Ordinance.
A motion to approve the project was made and was approved.
2. 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.
Mr. John McCormick, Principal Project Manager, presented the expenditures for the Emergency
Services Center enclosure of the East Bay for validation.
A motion to approve the project was made and was approved.
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3. To 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.
Michael Stevens, Principal Project Manager, presented the expenditures for the design, purchase,
and installation of the Hurricane Resilience – Pump Station Emergency Back-up at 32 wastewater
pump stations for validation.
A motion to approve the project was made and was approved.
4. 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
Tony Barone, Project Manager, presented the Heritage Bay Emergency Medical Services (EMS)
Station expenditures for the design, CEI, and construction of the facility for validation.
A motion to approve the project was made and was approved.
5. 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.
Mr. John McCormick, Principal Project Manager, presented the expenditures for the design, and the
construction for the replacement of existing chillers, cooling towers and moisture removal unit at the
Naples Jail J1 & J2 chillers for validation.
A motion to approve the project was made and was approved.
6. 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.
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Mr. John McCormick, Principal Project Manager, presented the expenditures for the replacement of
the HVAC system for the Naples Regional Library.
A motion to approve the project was made and was approved.
7. 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
Mr. John McCormick, Principal Project Manager, presented the expenditures for the design and
replacement of the roof at the Health Department Building, Building H. on the Government campus
for validation
A motion to approve the project was made and was approved.
C. Community Priorities (None)
9. Old Business
As of March 22, 2019, when the Monthly report was pulled, Collier County had not received any
funding.
The Statute and Ordinance will be provided monthly under the Committee Support Document
category in the Agenda.
10. Announcements (None)
11. Committee Member Discussion (None)
12. Next Meeting Date
The next meeting of the Infrastructure Surtax Citizen Oversight Committee will be on June 5, 2019
at 8:30 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.
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Collier County Infrastructure Surtax Citizen Oversight Committee
_______________________
Ronald A. Kezeske – Chairman
The foregoing Minutes were approved by Committee Chair on May 01, 2019, “as submitted” [ ] or
“as amended” [ ]
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EXECUTIVE SUMMARY
To validate the proposed expenditures for improvements towards the Pine Ridge Road Corridor
Improvements from Livingston Road to the I-75 Interchange; 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 construction, right of way and
mitigation, and construction engineering and inspection of the Pine Ridge Road Corridor Improvements
from Livingston Road to the I-75 Interchange.
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 Pine Ridge Road Corridor Improvements from Livingston Road to I-75
Interchange project was specifically identified within the Transportation Project category.
The Pine Ridge Road Corridor Improvements from Livingston Road to I-75 Interchange 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 2016 Annual Update and Inventory Report (AUIR) indicated that the segment of Pine Ridge Road
from Livingston Road to I-75 was deficient.
In 2016, the Transportation Planning Division hired Stantec Consulting Services to perform the Pine
Ridge Road Corridor Congestion Study, and the findings, considerations and recommendations were
presented to the County Commission on March 27, 2018.
During an extensive public comment period, the project team presented animations of the potential
concepts to the public. The animations use the future traffic volumes developed for the year 2040.
The Board of County Commissioners voted to pursue a partial-continuous flow intersection at Pine Ridge
Road and Livingston Road and to continue discussions with the Florida Department of Transportation
(FDOT) regarding innovative intersection improvements at Pine Ridge Road and Whippoorwill Lane, and
a Diverging Diamond Interchange (DDI) at the Pine Ridge Road/I-75 Interchange.
FDOT will solicit a consultant to conduct a Project Development and Environmental Study (PD&E) in
September of 2019, to be completed in 2022. The County will use the FDOT PD&E as a basis for
soliciting for a Design-Build contract in 2023 with an anticipated 1-year design and 3-year construction
time. Current estimates place the total cost of the project at $31M, which includes design and
construction, right of way and mitigation, and construction engineering and inspection. The Surtax
contribution to this amount is $23M, with the remaining $8M collected from gas tax.
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FISCAL IMPACT: The table below shows a total estimated cost for design and construction, right of
way and mitigation, and construction engineering and inspection of $31M for this project, of which $23M
are identified in Exhibit A. The remaining funds will come from gas tax.
Design &
Construction
ROW &
Mitigation
CEI Services Total
$27,500,000 $1,000,000 $2,500,000 $31,000,000
* 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 “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,
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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.
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: Andrew Miller, P.E., Sr. Project Manager, Transportation Engineering Division
ATTACHMENT(S)
1. Pine Ridge Rd. Corridor Improvements Presentation (PPTX)
2. ISCOC Project Checklist - Pine Ridge Rd. Corridor Improvements (PDF)
3. Infrastructure Surtax Statute (DOCX)
4. Ordinance 2018-21 (PDF)
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05/01/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.A.1
Doc ID: 8715
Item Summary: To validate the proposed expenditures for improvements towards the Pine Ridge
Road Corridor Improvements from Livingston Road to I-75 Interchange; 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: 05/01/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
04/22/2019 11:27 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
04/22/2019 11:27 AM
Approved By:
Review:
Growth Management Department Thaddeus Cohen Additional Reviewer Completed 04/22/2019 12:57 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/22/2019 1:08 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 04/23/2019 4:26 PM
County Manager's Office Heather Yilmaz Review Item Completed 04/23/2019 4:39 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 04/24/2019 2:16 PM
County Manager's Office Heather Yilmaz Review Item Completed 04/26/2019 3:30 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 05/01/2019 8:30 AM
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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
Andrew Miller,P.E.,Sr. Project Manager , Transportation Engineering
Pine Ridge Road Improvements
Project # 60201
1 Pine Ridge Road ImprovementsGrowth Management Department
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History
•The 2016 Annual Update and Inventory Report (AUIR) indicated that the segment of Pine
Ridge Road from Livingston Road to I-75 was deficient.
•In 2016, the Transportation Planning Division hired Stantec Consulting Services to perform
the Pine Ridge Road Corridor Congestion Study, and the findings, considerations and
recommendations were presented to the County Commission on March 27, 2018.
•During an extensive public comment period, the project team presented animations of the
potential concepts to the public.The animations use the future traffic volumes developed
for the 2040 Long Range Transportation Plan.
•The Board of County Commissioners voted to pursue a partial-continuous flow intersection
(CFI) at Pine Ridge Road and Livingston Road and to continue discussions with the Florida
Department of Tr ansportation regarding innovative intersection improvements at Pine Ridge
Road and Whippoorwill Lane, and a Diverging Diamond Interchange (DDI) at the Pine Ridge
Road/I-75 Interchange.
2Growth Management Department Pine Ridge Road Improvements
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Pine Ridge Road Corridor Improvements
Growth Management Department 3 Pine Ridge Road Improvements
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Pine Ridge Road Corridor Improvements
Growth Management Department 4 Pine Ridge Road Improvements
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Pine Ridge Road Improvements at
Livingston Road Intersection
Growth Management Department 5 Pine Ridge Road Improvements
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Pine Ridge Road Improvements at
Wh ippoorwill Lane Intersection
Growth Management Department 6 Pine Ridge Road Improvements
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Pine Ridge Road Improvements at
I-75 Interchange
Growth Management Department 7 Pine Ridge Road Improvements
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Project Details
•The Florida Department of Tr ansportation has an interest in improving the Interchange
within the project limits and will provide a Project Development and Environment (PD&E)
study, which will conclude by 2022.
•If supported by the PD&E, possible improvements to the Pine Ridge Road corridor may be:
a.At Livingston Road, a Partial Flow Intersection (CFI) utilizing offset left turn lanes for
the north and southbound approaches on Livingston Road, modifying the current
conventional signalized configuration.
b.At Whippoorwill Lane, a Restricted Crossing U-turn (RCUT) intersection, requiring all
through and left turns from Whippoorwill Lane to turn right and then U-turn back
toward their original destination paths, modifying the conventional signal.
c.At I-75, a Diverging Diamond Interchange (DDI) configuration, converting the current
“tight diamond” interchange configuration.
•After the PD&E in 2022, Collier County will solicit for a design-build contract (1 year design
followed by 3 years construction) based on the results of the study.
Growth Management Department 8 Pine Ridge Road Improvements
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/
Project Summary /Financials
$23.0 M will be financed through the sales tax, remaining funds will
come from Gas Taxes.
9Growth Management Department Pine Ridge Road Improvements
$8.0
$23.0
$31.0
$-
$5.0
$10.0
$15.0
$20.0
$25.0
$30.0
$35.0
Gas Tax 7-Year Sales Tax Total Estimated CostMillionsProject Funding Total Estimate vs. Funding Source's
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•Design: A Design-Build contract will be pursued once we receive the results of the Florida Department of Transportation Project Development and Environment Study. We anticipate one year design followed by three years of construction.
•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 $500K to cover the cost of mitigation.
•Right of Way: Improvements should be mainly within existing right of way, but an estimate of $500K will be considered sufficient for minor acquisition requirements.
Project Stages /Details
10Growth Management Department Pine Ridge Road Improvements
8.A.1.a
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•Construction:
We anticipate a construction time of about three years (depending on weather conditions and
other variables).
•Construction Engineering Inspection (CEI):
We have budgeted $2.5M 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
ke ep a daily log of the progress.
Project Stages /Details
11Growth Management Department Pine Ridge Road Improvements
8.A.1.a
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/
Project Schedule
12Growth Management Department
Activity Start Finish 2019 2020 2021 2022 2023 2024 2025
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
PD&E FDOT Sep 19 Sep 22*
Procurement Oct 22 Sep 23
Design, Permit
& Mitigation Oct 23 Oct 24
Construction Nov 24 Nov 27
To
2027
Pine Ridge Road Improvements
* The County is working with the Florida Department of Transportation (FDOT) to jointly address the entire corridor. This coordination will
require the County to wait for the completion of FDOT studies before procurement can begin, but will result in a more complete solution to
traffic flow.
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Fiscal Impact
Exhibit A identified up to $23M for this project.
13Growth Management Department Pine Ridge Road Improvements
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Project Funding Estimate
14Growth Management Department
Right of Way &
Mitigation,
$1,000,000
Design & Construction,
$27,500,000
Construction
Engineering Inspection,
$2,500,000
Sales Tax Funded: •$23M
Gas Taxes Funded: •$8M
Pine Ridge Road Improvements
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 fo r the Pine Ridge Road Improvements;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.
15Growth Management Department Pine Ridge Road Improvements
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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:
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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
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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
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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
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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.
Page 6 of 8
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Packet Pg. 464 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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.
Page 7 of 8
8.A.1.d
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Packet Pg. 465 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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
Page 8 of 8
8.A.1.d
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Packet Pg. 466 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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8.A.1.d
Packet Pg. 42 Attachment: Ordinance 2018-21 (8715 : Validate Expenditures for the Pine Ridge Road Corridor26.A.2
Packet Pg. 467 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
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
8.A.1.d
Packet Pg. 43 Attachment: Ordinance 2018-21 (8715 : Validate Expenditures for the Pine Ridge Road Corridor Improvements from Livingston Road to I-75)26.A.2
Packet Pg. 468 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
05/01/2019
EXECUTIVE SUMMARY
OBJECTIVE: To validate the proposed expenditures for the design, Construction, Engineering and
Inspection, and the replacement of Building H, 3rd Floor HVAC system, Project No. 50164.
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 Building H, 3rd Floor HVAC Replacement is identified within the HVAC,
Roofing and Capital Equipment Replacements at Sheriff’s & County facilities.
The replacement of Building H, 3rd Floor HVAC system 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 April 3, 2019, Agenda item 8435, the Committee validated the roof replacement on the same building.
This is a companion project that will be done before the roof project proceeds.
The Health Department Building, Building H, was constructed in 1988; the 3rd floor of Building H is
approximately 29,000 square feet; houses the offices Public Utilities Engineering, Finance, Solid and
Hazardous Waste Administration and Pollution Control Laboratory and the Health Department. The
current HVAC system is inefficient, there are inconsistencies in performance, hot and cold areas
throughout the offices; Since 2016, 35 work orders to repair the system have been entered, representing a
total cost of $79,000, which includes the installation of a temporary 20 ton Laboratory RTU and will be
salvaged and returned to Facility stock for use elsewhere. This work to be executed on off -hours and
weekends to minimize impact to the public and staff.
The new HVAC system and controls are designed in compliance with the Florida Building Code and the
Collier County Vertical Standards; the system will be zoned based on building diversity and occupant
density and building function. In particular, Pollution Control Laboratory will be considered a special
zone with contamination control design criteria based on best practices for those spaces, including
pressurization and humidity control. `
FISCAL IMPACT: Exhibit A identified up to $39M for HVAC, Roofing and Capital Equipment
Replacements at Sheriff’s & County facilities; the costs for Design, CEI and Construction are actual and
estimated below.
Design/Permitting CEI Services Construction Cost Total
Phase I $84,417 $60,000 $ 1,500,000 estimate $1,644,417
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
8.B.1
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05/01/2019
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
<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.
8.B.1
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05/01/2019
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, Principal Project Manager, Facilities Management
ATTACHMENT(S)
1. PUD-FM One-Cent Surtax Projects - Building H 3rd Floor HVAC Replacement (002) (PPTX)
2. ISCOC Project Checklist - Building H 3rd Floor HVAC (PDF)
3. Infrastructure Surtax Statute (DOCX)
4. Ordinance 2018-21 (PDF)
8.B.1
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05/01/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.1
Doc ID: 8709
Item Summary: To validate the expenditures for the design, construction, engineering and
inspection (CEI), and construction for the replacement of the Building H, 3rd floor HVAC system 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: 05/01/2019
Prepared by:
Title: – Facilities Management
Name: Linda Best
04/19/2019 4:07 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
04/19/2019 4:07 PM
Approved By:
Review:
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 04/22/2019 9:38 AM
Facilities Management Damon Grant Director - Facilities Completed 04/23/2019 12:45 PM
Facilities Management Heather Yilmaz Review Item Skipped 04/23/2019 4:40 PM
County Manager's Office Heather Yilmaz Review Item Completed 04/23/2019 4:43 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 04/24/2019 2:23 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 04/24/2019 3:00 PM
CMO Heather Yilmaz Review Item Completed 04/26/2019 3:29 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 05/01/2019 8:30 AM
8.B.1
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Packet Pg. 472 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
Prepared By: John McCormick,Principal Project Manager
Replacement of Building H, 3rd Floor HVAC System
Project #50164
Replacement of Building H,3rd Floor HVAC SystemPublic Utilities Department 1
8.B.1.a
Packet Pg. 48 Attachment: PUD-FM One-Cent Surtax Projects - Building H 3rd Floor HVAC Replacement (002) (8709 :26.A.2
Packet Pg. 473 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project History
Ø The Health Department Building,Building H,was constructed in 1988.
Ø The 3rd floor of Building H is approximately 29,000 square feet;and houses the offices of Public Utilities
Engineering,Finance,Solid and Hazardous Waste Administration,Pollution Control Laboratory and the
Health Department.
Ø The current HVAC system is not efficient,there are inconsistencies in performance,with hot and cold areas
throughout the offices with a lack of proper ventilation and humidity control.
Ø Since 2016,35 work orders to repair the system have been entered,representing a total cost of $79,000
that includes a temporary 20 ton AC unit to supplement the laboratory area.
Ø The new HVAC system and controls are designed in compliance with the Florida Building Code,the Collier
County Vertical Standards and compliant controls.
Ø The New HVAC System will be a Variable Air Volume (VAV)work will consist of:
Ø A New Outdoor Air Unit serving the South Wing (similar to newer existing unit serving West Wing)
Ø A dedicated Laboratory RTU with Humidity and Contamination Control design criteria
Ø The removal of the abandoned existing RTU located in Central Wing
Ø In addition,both AHUs located within the 3rd floor Mechanical Rooms in the South and West Wings are to be
replaced as well
Ø All work to be executed during off-shift and weekend hours to minimize impact to the public and staff.
Public Utilities Department Replacement of Building H,3rd Floor HVAC System2
8.B.1.a
Packet Pg. 49 Attachment: PUD-FM One-Cent Surtax Projects - Building H 3rd Floor HVAC Replacement (002) (8709 :26.A.2
Packet Pg. 474 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Building H, 3rd Floor HVAC Replacement
3Public Utilities Department Replacement of Building H,3rd Floor HVAC System
1 2
3
8.B.1.a
Packet Pg. 50 Attachment: PUD-FM One-Cent Surtax Projects - Building H 3rd Floor HVAC Replacement (002) (8709 :26.A.2
Packet Pg. 475 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Building H, 3rd Floor HVAC Replacement
Public Utilities Department Replacement of Building H,3rd Floor HVAC System4
1 2 3
8.B.1.a
Packet Pg. 51 Attachment: PUD-FM One-Cent Surtax Projects - Building H 3rd Floor HVAC Replacement (002) (8709 :26.A.2
Packet Pg. 476 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project Site Location
Public Utilities Department 5
8.B.1.a
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Packet Pg. 477 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project Site Location
6Public Utilities Department Replacement of Building H,3rd Floor HVAC System
8.B.1.a
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Packet Pg. 478 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project Summary / Financials
•7-Year Sales Tax in Sub Category HVAC,Roofing,and Capital Equipment
Replacements at Sheriff’s &County Facilities
•Total Projects:$39M
The seven-year allocation from the Local Infrastructure Sales Tax is $39.0M for
HVAC,Roofing and Capital Equipment Replacements at Sheriff’s &County
Facilities sub-category in Exhibit A.
•Project Estimate:
•Estimated Cost Building H,3rd Floor HVAC system replacement:$1,644,417
7Public Utilities Department Replacement of Building H,3rd Floor HVAC System
8.B.1.a
Packet Pg. 54 Attachment: PUD-FM One-Cent Surtax Projects - Building H 3rd Floor HVAC Replacement (002) (8709 :26.A.2
Packet Pg. 479 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project Summary /Financials
Replacement of HVAC System at Building H, for the 3rd Floor
Design/MEP * $ 81,417
Permitting $ 3,000 (estimate)
Construction: $ 1,500,000 (estimate)
Construction Engineering Inspection: $ 60,000 (estimate)
TOTAL $ 1,644,417
* Only costs incurred after January 1, 2019.
8Public Utilities Department Replacement of Building H,3rd Floor HVAC System
8.B.1.a
Packet Pg. 55 Attachment: PUD-FM One-Cent Surtax Projects - Building H 3rd Floor HVAC Replacement (002) (8709 :26.A.2
Packet Pg. 480 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project Schedule /Status
9Public Utilities Department Replacement of Building H,3rd Floor HVAC System
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
DESIGN Aug-18 Feb-19
PROCUREM EN T Ma y-19 Aug-19
PERM ITTING Apr-19 Ma y-19
CONTRA CT AW ARD (BC C)Sep-19 Oct-19
3RD F L HV AC REP LACEMENT Oct-19 Jul-20
2020
ACTIVITY START FINISH
2018 2019
8.B.1.a
Packet Pg. 56 Attachment: PUD-FM One-Cent Surtax Projects - Building H 3rd Floor HVAC Replacement (002) (8709 :26.A.2
Packet Pg. 481 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Fiscal Impact
10Public Utilities Department Replacement of Building H,3rd Floor HVAC System
8.B.1.a
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Packet Pg. 482 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project Funding Estimate
11Public Utilities Department Replacement of Building H,3rd Floor HVAC System
8.B.1.a
Packet Pg. 58 Attachment: PUD-FM One-Cent Surtax Projects - Building H 3rd Floor HVAC Replacement (002) (8709 :26.A.2
Packet Pg. 483 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Recommendation
To validate the expenditures for the design,constructing
engineering services and Construction of the HVAC system
replacement at Building H,3rd Floor 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.
12Public Utilities Department Replacement of Building H,3rd Floor HVAC System
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:
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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
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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
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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
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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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8.B.1.d
Packet Pg. 73 Attachment: Ordinance 2018-21 (8709 : Validate Expenditures for Replacement of Building H, 3rd Floor26.A.2
Packet Pg. 498 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
ofTY, Sr
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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
8.B.1.d
Packet Pg. 74 Attachment: Ordinance 2018-21 (8709 : Validate Expenditures for Replacement of Building H, 3rd Floor HVAC)26.A.2
Packet Pg. 499 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
05/01/2019
EXECUTIVE SUMMARY
To validate the proposed expenditures for the design, CEI, and the construction for a Forensic and
Evidence Facility for the Collier County Sheriff’s Office 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 and
Inspection, and the construction for the Sheriff Forensic/Evidence Building.
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 Sheriff Forensic/Evidence Building was specifically identified within the
Facilities & Capital Replacements category. Additionally, the Sheriff Forensic/Evidence Building was
included in the ballot language within Exhibit A of the ordinance.
The Sheriff Forensic/Evidence Building 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.”
Due to the growth of Collier County, the Collier County Sheriff Office (CCSO) has also needed to
increase the Forensics/Evidence capacity. To meet the requirements of the ever -growing need to process
and store evidence and perform their Technical Services the CCSO has utilized existing space and stores
evidence in 6 locations. Management of evidence in multiple locations is not a best practice and has
become an arduous and time-consuming process. Additionally, transportation of evidence from one
location to another is not consistent with best practices, but currently a necessity due t o how evidence is
processed and stored in several locations. Best practices are that evidence is kept in one secure facility
throughout its required retention period. In addition to its own evidence, the CCSO processes evidence for
surrounding agencies as well.
The goal of this project is to design and construct a modern secure facility that will ensure that CCSO
evidence will be secured and preserved in a facility up to current building codes and in line with best
practices. The facility will mitigate risk to evidence being damaged or compromised due to
transportation, or natural disaster. During Hurricane Irma, one of the CCSO storage sheds in Immokalee
was damaged. The proposed new facility will house the CCSO Crime Scene, Evidence, and Technical
Services Bureau. The facility will have a considerable footprint required to process evidence, properly
store various pieces of evidence, and provide capacity for CCSO future needs. There will be expansive
parking for CCSO vehicles along with interior covered and exterior parking necessary for larger heavy
equipment and larger trucks. The proposed location of the new CCSO Forensic and Evidence facility is
the Resource Recovery Business park located on county owned land north of City Gate Boulevard.
FISCAL IMPACT: Exhibit A identified up to $33M for this project, the costs for Design, CEI and
Construction are actual and estimated below.
8.B.2
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05/01/2019
Land
Acquisition*
Design CEI Services* Construction/Site
Cost*
Total
$1,000,000 $3,000,000 $1,000,000 $28,000,000 $33,000,000
*Cost for these tasks are estimates.
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,
8.B.2
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05/01/2019
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.
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 a d hoc advisory
and reporting body to the County.”
Prepared by: Dayne Atkinson, Project Manager, Public Utilities Department
ATTACHMENT(S)
1. PUD- Sheriff Forensic Evidence Building One-Cent Surtax Project (PPTX)
2. ISCOC Project Checklist - Sheriff Forensic Evidence Building (PDF)
3. Infrastructure Surtax Statute (DOCX)
4. Ordinance 2018-21 (PDF)
8.B.2
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Packet Pg. 502 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
05/01/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.2
Doc ID: 8711
Item Summary: To validate the expenditures associated with the design, Construction,
Engineering and Inspection (CEI), and the construction for the Forensic/Evidence Building 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: 05/01/2019
Prepared by:
Title: – Facilities Management
Name: Linda Best
04/19/2019 4:17 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
04/19/2019 4:17 PM
Approved By:
Review:
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 04/23/2019 3:34 PM
Facilities Management Damon Grant Director - Facilities Completed 04/24/2019 2:37 PM
Facilities Management Heather Yilmaz Review Item Skipped 04/24/2019 3:07 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 04/24/2019 3:20 PM
County Manager's Office Heather Yilmaz Review Item Completed 04/24/2019 5:09 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 04/26/2019 3:32 PM
CMO Heather Yilmaz Review Item Completed 04/26/2019 3:35 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 05/01/2019 8:30 AM
8.B.2
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Packet Pg. 503 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
Prepared By: Dayne Atkinson, Project Manager
Design, Construction Engineering and Inspection (CEI), and Construction,
for the
Forensic/Evidence Building
1Public Utilities Department Forensic/Evidence Building
8.B.2.a
Packet Pg. 79 Attachment: PUD- Sheriff Forensic Evidence Building One-Cent Surtax Project (8711 : Validate26.A.2
Packet Pg. 504 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project History
Ø As Collier County has grown,so has the need for the Collier
County Sheriff Office (CCSO)to increase the Forensics/Evidence
responsibilities.In doing so,we have often utilized existing spaces
to meet the requirements of the ever-growing need to process
and store evidence and perform our Technical Services.
Ø Currently,the CCSO intakes and stores evidence in 6 locations.
Ø Management of evidence in multiple locations is a time-
consuming process that has become an arduous task for the
members responsible for these services.
2 Forensic/Evidence BuildingPublic Utilities Department
8.B.2.a
Packet Pg. 80 Attachment: PUD- Sheriff Forensic Evidence Building One-Cent Surtax Project (8711 : Validate26.A.2
Packet Pg. 505 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project History
Ø The CCSO has been asking for this type of facility when storage needs
exceeded capacity for approximately 20 years.
Ø Transportation of evidence from location to location is also not consistent with
best practices,but currently a necessity due to evidence being processed in
one location and then stored in another location.
Ø Per FL Statute(s)925.11(4)Preservation of Evidence and 775.15 (15)and
(16)define the parameters of retention of evidence.
Ø It is best that evidence be kept in one secure facility from the beginning of
submission,to processing,and throughout its time in storage.Not only are these
members processing services for the CCSO,but also for surrounding agencies as
well.
Ø By moving into a modern secure facility we can ensure that all evidence will be
preserved for current and future cases in accordance to current building
codes.
3 Forensic/Evidence BuildingPublic Utilities Department
8.B.2.a
Packet Pg. 81 Attachment: PUD- Sheriff Forensic Evidence Building One-Cent Surtax Project (8711 : Validate26.A.2
Packet Pg. 506 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Lee County Forensic/Evidence Building
Public Utilities Department Forensic/Evidence Building4
8.B.2.a
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Packet Pg. 507 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project Site Location
5 Forensic/Evidence BuildingPublic Utilities Department
Forensic/Evidence Building
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Packet Pg. 508 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Re source Recovery Pa rk Rendering
6Public Utilities Department Forensic/Evidence Building
8.B.2.a
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Packet Pg. 509 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project Details
7
Ø The proposed new facility will house the Crime Scene,Evidence,and Technical Services
Bureau.
Ø These three bureaus together are comprised of 35 full time members.
Ø Based upon budget and current cost of construction,the facility is estimated to be 90 to
100 thousand square feet.
Ø The considerable footprint requirements of this facility are due to the large areas
required to process evidence,and properly store various pieces of evidence.
Ø The facility will require expansive parking for vehicles.Interior covered and exterior
parking for larger heavy equipment and larger trucks will be a necessity.
Ø The building will be designed and constructed up to current building codes to mitigate
risk from severe weather.
Forensic/Evidence BuildingPublic Utilities Department
8.B.2.a
Packet Pg. 85 Attachment: PUD- Sheriff Forensic Evidence Building One-Cent Surtax Project (8711 : Validate26.A.2
Packet Pg. 510 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project Summary / Financials
•7-Year Sales Tax
•Total Project: $33M
The seven-year allocation from the Local Infrastructure Sales Tax
is $33.0M for Sheriff Forensic/Evidence Building in Exhibit A.
8Public Utilities Department Forensic/Evidence Building
8.B.2.a
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Packet Pg. 511 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project Summary /Financials
9
TOTAL
Forensic/Evidence Building
Design/MEP $ 3,000,000
Land Acquisition $ 1,000,000 (estimate)
Site Work $ 3,000,000 (estimate)
Building Construction $ 25,000,000 (estimate)
CEI Services $ 1,000,000 (estimate)
Public Utilities Department Forensic/Evidence Building
$ 33,000,000
8.B.2.a
Packet Pg. 87 Attachment: PUD- Sheriff Forensic Evidence Building One-Cent Surtax Project (8711 : Validate26.A.2
Packet Pg. 512 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Project Schedule
10 Forensic/Evidence BuildingPublic Utilities Department
Sheriff Forensic/Evidence Building
ACTIVITY START FINISH
2019 2020 2021 2022
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Design Jul-19 Jun-20
Permiting Jul-20 Mar-21
Procurement Services Apr-21 Nov-21
Construction Dec-21 Dec-22
8.B.2.a
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Fiscal Impact
11Public Utilities Department Forensic/Evidence Building
8.B.2.a
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Project Funding Estimate
12 Forensic/Evidence BuildingPublic Utilities Department
8.B.2.a
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Packet Pg. 515 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
Re co mmendation
To validate the expenditures for the design, CEI, and the
construction for the Sherriff Forensic /Evidence Building; 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.
13 Forensic/Evidence BuildingPublic Utilities Department
8.B.2.a
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Packet Pg. 516 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
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
Packet Pg. 92 Attachment: ISCOC Project Checklist - Sheriff Forensic Evidence Building (8711 : Validate Expenditures for the Sheriff Forensic/Evidence26.A.2
Packet Pg. 517 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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
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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
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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
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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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8.B.2.d
Packet Pg. 105 Attachment: Ordinance 2018-21 (8711 : Validate Expenditures for the Sheriff Forensic/Evidence Building)26.A.2
Packet Pg. 530 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
ofTY, Sr
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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
8.B.2.d
Packet Pg. 106 Attachment: Ordinance 2018-21 (8711 : Validate Expenditures for the Sheriff Forensic/Evidence Building)26.A.2
Packet Pg. 531 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
05/01/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 9.A
Item Summary: Monthly Report to Committee - May
Meeting Date: 05/01/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
04/22/2019 12:52 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
04/22/2019 12:52 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig Additional Reviewer Completed 04/22/2019 1:46 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 04/24/2019 2:25 PM
County Manager's Office Heather Yilmaz Review Item Completed 04/25/2019 5:30 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 05/01/2019 8:30 AM
9.A
Packet Pg. 107
26.A.2
Packet Pg. 532 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
Project
Number Description
Exhibit A - Sales
Tax Allocation
Projects
Validated by
Committee
Balance to be
validated by
Committee
Encumbered/
Expended to
Date
Transportation:
60168 Vanderbilt Bch Rd Ext. - 951 to 8th/16th 74,000,000$ 74,000,000$ -$ -$
60201 Pine Ridge Rd, Livingston 23,000,000$ -$ 23,000,000$ -$
66066 Bridge Replacement 7,000,000$ 7,000,000$ -$ -$
60065 Randall Intersection 7,000,000$ -$ 7,000,000$ -$
60190 Airport Rd. - Vanderbilt to Immok 4,000,000$ -$ 4,000,000$ -$
60215 Triangle Blvd 6,000,000$ 6,000,000$ -$ -$
60212 New Bridges (11) Golden Gate Estates 60,000,000$ -$ 60,000,000$ -$
60228 Sidewalks 10,000,000$ -$ 10,000,000$ -$
Subtotal - Transportation 191,000,000$ 87,000,000$ 104,000,000$ -$
Facilities & Capital Replacements
Forensic/Evidence Bldg 33,000,000$ -$ 33,000,000$ -$
80039 Big Corkscrew Island Regional Park 40,000,000$ 40,000,000$ -$ -$
50145 DAS Shelter Improvements/Replacement 6,000,000$ 6,000,000$ -$ -$
39,000,000$ 35,061,279$
Jail & Chiller Plant HVAC 1,525,501$ -$
Naples Lib HVAC 1,756,220$ -$
Health Bldg Roof 657,000$ -$
Hurricane Resilience 15,000,000$ 10,000,000$
50390 ESC Enclose Bay 1,500,000$ -$
50391 PUD Generators 3,500,000$ -$
EMS Substations (3)6,000,000$ 3,777,800$
55211 Heritage Bay EMS station 2,222,200$ -$
Subtotal - Fac & Cap Replacements 139,000,000$ 57,160,921$ 81,839,079$ -$
Community Priorities
Career and Tech Training Ctr 15,000,000$ -$ 15,000,000$ -$
50112 VA Nursing Home 30,000,000$ -$ 30,000,000$ -$
Workforce Housing Land Trust Fund 20,000,000$ -$ 20,000,000$ -$
Mental Health Facility 25,000,000$ -$ 25,000,000$ -$
Subtotal - Comm Priorities 90,000,000$ -$ 90,000,000$ -$
Grand Total - Expenditures 420,000,000$ 144,160,921$ 275,839,079$ -$
Ord 2018-21
Collected to
Date Balance
Revenues
312610 Infrastructure Sales Tax Revenue 420,000,000$ 7,199,645.61$ 412,800,354$
Interest Earnings 392.62
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 April 19, 2019
HVAC, Roofing, & Cap Equip Replace at Sheriff's &
H:\Infrastructure Sales Tax FY19-FY25\Monthly Report to Sales Tax Committee.xlsx May 2019 4/19/2019
9.A.1
Packet Pg. 108 Attachment: May 2019 Monthly Report to Surtax Committee (8717 : Monthly Report to Committee - May)26.A.2
Packet Pg. 533 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
05/01/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 9.B
Item Summary: Committee Support Documents
Meeting Date: 05/01/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
04/22/2019 12:59 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
04/22/2019 12:59 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig Additional Reviewer Completed 04/22/2019 1:51 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 04/22/2019 2:21 PM
County Manager's Office Heather Yilmaz Review Item Completed 04/25/2019 5:31 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 05/01/2019 8:30 AM
9.B
Packet Pg. 109
26.A.2
Packet Pg. 534 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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.B.1
Packet Pg. 110 Attachment: Infrastructure Surtax Statute (8718 : Committee Support Documents)26.A.2
Packet Pg. 535 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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.B.1
Packet Pg. 111 Attachment: Infrastructure Surtax Statute (8718 : Committee Support Documents)26.A.2
Packet Pg. 536 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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.B.1
Packet Pg. 112 Attachment: Infrastructure Surtax Statute (8718 : Committee Support Documents)26.A.2
Packet Pg. 537 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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.
9.B.1
Packet Pg. 113 Attachment: Infrastructure Surtax Statute (8718 : Committee Support Documents)26.A.2
Packet Pg. 538 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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
Page 1 of 8
9.B.2
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Packet Pg. 539 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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.
Page 2 of 8
9.B.2
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Packet Pg. 540 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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
Page 3 of 8
9.B.2
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Packet Pg. 541 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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
Page 4 of 8
9.B.2
Packet Pg. 117 Attachment: Ordinance 2018-21 (8718 : Committee Support Documents)26.A.2
Packet Pg. 542 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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.
Page 5 of 8
9.B.2
Packet Pg. 118 Attachment: Ordinance 2018-21 (8718 : Committee Support Documents)26.A.2
Packet Pg. 543 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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.
Page 6 of 8
9.B.2
Packet Pg. 119 Attachment: Ordinance 2018-21 (8718 : Committee Support Documents)26.A.2
Packet Pg. 544 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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.
Page 7 of 8
9.B.2
Packet Pg. 120 Attachment: Ordinance 2018-21 (8718 : Committee Support Documents)26.A.2
Packet Pg. 545 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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
Page 8 of 8
9.B.2
Packet Pg. 121 Attachment: Ordinance 2018-21 (8718 : Committee Support Documents)26.A.2
Packet Pg. 546 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
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9.B.2
Packet Pg. 122 Attachment: Ordinance 2018-21 (8718 : Committee Support Documents)26.A.2
Packet Pg. 547 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen
ofTY, Sr
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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.B.2
Packet Pg. 123 Attachment: Ordinance 2018-21 (8718 : Committee Support Documents)26.A.2
Packet Pg. 548 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
05/01/2019
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 12.A
Item Summary: Next Meeting Date - June 5, 2019
Meeting Date: 05/01/2019
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
04/26/2019 8:47 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
04/26/2019 8:47 AM
Approved By:
Review:
County Manager's Office Michael Cox Review Item Skipped 04/27/2019 8:09 PM
County Manager's Office Michael Cox Review Item Skipped 04/27/2019 8:18 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 05/01/2019 8:30 AM
12.A
Packet Pg. 124
26.A.2
Packet Pg. 549 Attachment: [Linked] Agenda and Back-up Documents - May 01, 2019 (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
26.A.3Packet Pg. 550Attachment: Checklist All Projects Validated - 05_01_2019 Signed (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
26.A.3Packet Pg. 551Attachment: Checklist All Projects Validated - 05_01_2019 Signed (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)
26.A.3Packet Pg. 552Attachment: Checklist All Projects Validated - 05_01_2019 Signed (8778 : Infrastructure Surtax Citizen Oversight Committee - May 01, 2019)