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ISCOC Agenda 09/04/2019COLLIER COUNTY INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE Agenda September 4, 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. 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 - May 1, 2019 6. PUBLIC COMMENT 7. NEW BUSINESS 8. PROJECTS A. TRANSPORTATION B. FACILITIES & CAPITAL REPLACEMENTS 1. To validate the expenditures for the design and construction of the Collier County jail (J1) kitchen replacement and safety upgrades; 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 proposed expenditures for the design, project administration, and construction of the Immokalee Health HVAC and Roofing Replacement; 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 - September 2019 B. Committee Support Documents 10. ANNOUNCEMENTS 11. COMMITTEE MEMBER DISCUSSION 12. NEXT MEETING DATE A. Next Meeting Date - October 2, 2019 13. ADJOURNMENT 09/04/2019 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 5.A Item Summary: Meeting Minutes - May 1, 2019 Meeting Date: 09/04/2019 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 08/26/2019 7:11 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 08/26/2019 7:11 PM Approved By: Review: County Manager's Office Heather Yilmaz Review Item Completed 08/26/2019 7:12 PM Administrative Services Department Michael Cox Additional Reviewer Completed 08/26/2019 7:23 PM County Manager's Office Heather Yilmaz Review Item Completed 08/29/2019 8:33 AM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 09/04/2019 8:30 AM 5.A Packet Pg. 4 1 | Page MINUTES OF THE REGULAR MEETING OF THE COLLIER COUNTY Infrastructure Surtax Citizen Oversight Committee May 1, 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 Staff Liaison recommended conducting meeting over the summer only if a high priority project came up that required validation. It was noted that at least one project update would be provided to Committee on all validated projects over the summer. 4. Approval of The Agenda The agenda was distributed to all present and approved. 5. Approval of minutes from Previous Meeting 5.A.1 Packet Pg. 5 Attachment: 05-01-2019 Meeting Minutes (Unsigned) (9935 : Meeting Minutes - May 1, 2019) 2 | Page A. Meeting Minutes – May 1, 2019 The minutes was distributed to all present and approved. 6. Public Comment There was no public comment. 7. New Business Committee members agreed to meet during the summer as needed s with a start time of 8:30 a.m. 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, confirms 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. Andrew Miller, Sr. Project Manager, P.E, presented the Pine Ridge Road Corridor Improvements from Livingston Road to I-75 Interchange 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 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.. Mr. John McCormick, Principal Project Manager, presented the expenditures for the replacement of the HVAC system at Building H. 3rd floor for validation. A motion to approve the project was made and was approved. 2. To validate the expenditures associated with the design, Construction, Engineering and Inspection (CEI), and the construction for the 5.A.1 Packet Pg. 6 Attachment: 05-01-2019 Meeting Minutes (Unsigned) (9935 : Meeting Minutes - May 1, 2019) 3 | Page 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 2048-21 and the ballot language within: to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. Mr. Dayne Atkinson, Project Manager, presented the expenditures for the Forensic/Evidence Building for validation. A motion to approve the project was made and was approved. C. Community Priorities (None) 9. Old Business A. Monthly Report to Committee – May B. Committee Support Documents As of August 21, 2019, when the Monthly report was pulled, the Committee has validated a total of 14 projects, with total projected expenditures of $201.8M to date. The total Infrastructure Sales Tax Revenue is $38.2M, with almost $92K in interest earnings. 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 September 4, 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 10:09 AM with nothing further to discuss. 5.A.1 Packet Pg. 7 Attachment: 05-01-2019 Meeting Minutes (Unsigned) (9935 : Meeting Minutes - May 1, 2019) 4 | Page Collier County Infrastructure Surtax Citizen Oversight Committee _______________________ Ronald A. Kezeske – Chairman The foregoing Minutes were approved by Committee Chair on September 04, 2019, “as submitted” [ ] or “as amended” [ ] 5.A.1 Packet Pg. 8 Attachment: 05-01-2019 Meeting Minutes (Unsigned) (9935 : Meeting Minutes - May 1, 2019) 09/04/2019 EXECUTIVE SUMMARY To validate the expenditures for the design and construction of the Collier County jail (J1) kitchen replacement and safety upgrades; 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 of the Collier County jail (J1) kitchen replacement and safety upgrades. 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 design and construction of the Collier County jail (J1) kitchen replacement and safety upgrades fulfill 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.” This project encompasses the redesign and replacement of the main kitchen in the Collier County Jail facility, including safety upgrades. The kitchen prepares, assists, or instructs inmate labor and/or team members in the preparation of a variety of food items in accordance with departmental work production standards, standardized recipes, and work instructions for an inmate population of over 1200 persons. The layout of the kitchen and much of the equipment is original from the opening in 1985. This project will be replacing the ventilation system, existing failing copper water and cast-iron sewer lines, outdated electrical, lighting and HVAC with energy efficient systems to improve the removal of cooking fumes, gas and condensation formed from the steam. Also, the kitchen equipment and configuration will be updated to better provide for supervision of labor and improved safety of the work environment to meet the demand of current food service requirements at the Collier County Jail facility. FISCAL IMPACT: Exhibit A identified up to $39M for HVAC, Roofing, and Capital Equipment Replacements at Sheriff's & County facilities, the costs for Design & Construction are listed below. Design CEI Services Construction Cost* Total Project $69,000 (actual) n/a $1,800,000 (estimate) $1,869,000 8.B.1 Packet Pg. 9 09/04/2019 LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance No. 2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen Oversight Committee, whose duties are as follows: Duties. The Committee shall have the responsibility to review the expenditure of Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The Board may expend proceeds of the Surtax on projects not specifically stated herein or in the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2) have a positive recommendation by this Committee, and (3) fall within the projects and categories identified. The Committee shall not recommend alternative projects, unless requested by the Board. A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary for the Committee’s review. The design and construction of the Collier County jail (J1) kitchen replacement and safety upgrades is specifically included in Exhibit A. In addition to the Ordinance, it is important that the Committee be comfortable that the proposed expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government infrastructure sales surtax. That statute states, in relevant part as follows: 212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. (d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by the school district, within the county and municipalities within the county, or, in the case of a negotiated joint county agreement, within another county, to finance, plan, and construct infrastructure; to acquire any interest in land for public recreation, conservation, or protection of natural resources or to prevent or satisfy private property rights claims resulting from limitations imposed by the designation of an area of critical state concern; to provide loans, grants, or rebates to residential or commercial property owners who make energy efficiency improvements to their residential or commercial property, if a local government ordinance authorizing such use is approved by referendum; or to finance the closure of county-owned or municipally owned solid waste landfills that have been closed or are required to be closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used for the operational expenses of infrastructure, except that a county that has a population of fewer than 75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance costs associated with landfill closure. Counties, as defined in s. 125.011 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100 -0199/0125/Sections/0125.011.html>, and charter counties may, in addition, use the proceeds or interest to retire or service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified. 1. For the purposes of this paragraph, the term “infrastructure” means: a. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years, any related land acquisition, land improvement, design, and engineering costs, and all other professional and related costs required to bring the public facilities into service. For purposes of this sub-subparagraph, the term “public facilities” means facilities as defined in s. 163.3164 8.B.1 Packet Pg. 10 09/04/2019 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100 -0199/0163/Sections/0163.3164.html>(39), s.163.3221 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100 -0199/0163/Sections/0163.3221.html>(13), or s. 189.012 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100 -0199/0189/Sections/0189.012.html>(5), and includes facilities that are necessary to carry out governmental purposes, including, but not limited to, fire stations, general governmental office buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing authority or another governmental entity. A copy of the entire statute is included as back-up to this item. The County Attorney has reviewed this item and believes that the request meets all the requirements of both the Statute and the Ordinance. As an aside, only those items which I believe satisfy the requirements of both the Ordinance and the Statute will be brought to the Committee. My opinion, however, is not binding on the Committee, as the Board of County Commissioners created this Committee “to provide for citizen review of the expenditure of the Surtax proceeds by the County… (to) serve as an ad hoc advisory and reporting body to the County.” Prepared by: Ayoub R. Al-Bahou, P.E., Principal Project Manager, Facilities Management ATTACHMENT(S) 1. CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint (PPTX) 2. CC Jail Kitchen Replacement and Safety Upgrades - Project Checklist (PDF) 3. Infrastructure Surtax Statute (PDF) 4. Ordinance 2018-21 (PDF) 8.B.1 Packet Pg. 11 09/04/2019 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 8.B.1 Doc ID: 9918 Item Summary: To validate the expenditures for the design and construction of the Collier County jail (J1) kitchen replacement and safety upgrades; 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 t he project expenditures are a valid use of Infrastructure Sales Surtax Funding. Meeting Date: 09/04/2019 Prepared by: Title: – Solid and Hazardous Waste Name: Sarah Hamilton 08/22/2019 11:07 AM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 08/22/2019 11:07 AM Approved By: Review: Facilities Management Damon Grant Director - Facilities Completed 08/22/2019 11:17 AM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 08/23/2019 8:41 AM County Manager's Office Geoffrey Willig Additional Reviewer Completed 08/23/2019 5:03 PM Administrative Services Department Michael Cox Additional Reviewer Completed 08/24/2019 1:12 PM County Manager's Office Heather Yilmaz Review Item Completed 08/26/2019 3:27 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 09/04/2019 8:30 AM CMO Heather Yilmaz Review Item Completed 08/29/2019 8:50 AM 8.B.1 Packet Pg. 12 Prepared By: Ayoub Al-Bahou, P.E. Principal Project Manager Validation of Expenditures for Collier County Jail (J1) Kitchen Replacement and Safety Upgrades Project #53007 Collier County Jail (J1) Kitchen Replacement and Safety UpgradesPublic Utilities Department 1 8.B.1.a Packet Pg. 13 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Project History Ø The Collier County Jail,(main campus) was opened in August 1985,with a count of 435 beds.Within,the first ten years of operation the jail was double bunked to accommodate the rising population. Ø In 2005,the Annex opened adding 540 beds,and in 2007 another 86 were added. To date the current bed count is 1,238. However,the jail’s support infrastructure has not significantly changed since 1985. Ø The Kitchen’s infrastructure ventilation,water,sewer,electric,and steam has not been updated since the opening of the original construction. Ø The Collier County Jail Kitchen Facility equipment has met its useful life and is in need of replacement/upgrade to include safety Features. Public Utilities Department Collier County Jail (J1) Kitchen Replacement and Safety Upgrades2 8.B.1.a Packet Pg. 14 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Site Location 3Public Utilities Department Collier County Jail (J1) Kitchen Replacement and Safety Upgrades 8.B.1.a Packet Pg. 15 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Project Site Location Public Utilities Department 4 Collier County Jail (J1) Kitchen Replacement and Safety Upgrades 8.B.1.a Packet Pg. 16 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Project Site Location 5Public Utilities Department Collier County Jail (J1) Kitchen Replacement and Safety Upgrades 8.B.1.a Packet Pg. 17 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Existing Equipment 6Public Utilities Department Collier County Jail (J1) Kitchen Replacement and Safety Upgrades Existing Roof Supply Fan Condensation on Doors from Steam System (towels to absorb liquid on floor) 8.B.1.a Packet Pg. 18 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Existing Equipment 7Public Utilities Department Collier County Jail (J1) Kitchen Replacement and Safety Upgrades Existing Steam lines Existing Kettles –Steam (condensation on floor) 8.B.1.a Packet Pg. 19 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Project Objectives The Kitchen project will address number of on-going issues stemming from the age of the existing Kitchen: Ø Replacing ventilation system –improving the removal of cooking fumes, gas and condensation formed from the steam. Ø Replacing existing failing copper water & cast iron sewer lines. Ø Replacing Outdated Electrical, Lighting & HVAC with energy efficient systems. Ø Updating kitchen equipment to provide improved efficiency. Ø Updating Kitchen configuration to better provide for supervision of labor and improved safety of the work environment to meet the demand of current food service requirements at the Collier County Jail facility. Public Utilities Department Collier County Jail (J1) Kitchen Replacement and Safety Upgrades8 8.B.1.a Packet Pg. 20 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Project Summary / Financials Ø 7-Year Sales Tax in Sub Category: HVAC, Roofing, and Capital Equipment Replacements at Sheriff's & County Facilities Ø Total Projects: $39M Ø The seven-year allocation from the Local Infrastructure Sales Tax is $39M for HVAC,Roofing and Capital Equipment Replacements at Sheriff’s and County Facilities sub-category in Exhibit A. Ø Project Estimate: Ø Total Estimated Cost for Collier County Jail (J1) Kitchen Replacement and Safety Upgrades: $1,869,000 9Public Utilities Department Collier County Jail (J1) Kitchen Replacement and Safety Upgrades 8.B.1.a Packet Pg. 21 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Project Summary / Financials Collier County Jail (J1) Kitchen Replacement and Safety Upgrades Design & CA: $ 69,000 Construction:$1,800,000 TOTAL $1,869,000 10Public Utilities Department Collier County Jail (J1) Kitchen Replacement and Safety Upgrades 8.B.1.a Packet Pg. 22 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Project Schedule/Status 11Public Utilities Department Collier County Jail (J1) Kitchen Replacement and Safety Upgrades Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 De sign &CA Se p-19 Oct-19 Procure me nt &Award Oct-19 De c-19 Constructi on Jan-20 Jun-20 2020 2022 ACTI VITY START FINISH 2019 8.B.1.a Packet Pg. 23 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Fiscal Impact 12Public Utilities Department Collier County Jail (J1) Kitchen Replacement and Safety Upgrades 8.B.1.a Packet Pg. 24 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Project Funding Estimate 13Public Utilities Department Collier County Jail (J1) Kitchen Replacement and Safety Upgrades $39 $5.58 $1.869 $0 $5 $10 $15 $20 $25 $30 $35 $40 $45 7-Year Sales Tax Validated Total Estimated Cost Collier County Jail (J1) Kitchen Replacement and Safety Upgrades Va lues in Millions 8.B.1.a Packet Pg. 25 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Recommendation ØTo validate the expenditures for the Design & Construction Services of Collier County Jail (J1) Kitchen Replacement and Safety Upgrades 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. 14Public Utilities Department Collier County Jail (J1) Kitchen Replacement and Safety Upgrades 8.B.1.a Packet Pg. 26 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - PowerPoint [Revision 2] (9918 : Validate Project Project # Infrastructure Surtax Citizens Oversite Committee Project Checklist  Project(s) in line with F.S. 212.055 Expenditure related to infrastructure as follows:  Construction  Improvement of public facilities  Land acquisition  Land improvement  Design  Engineering costs  Professional & related costs to bring facility into service (CEI, Material Testing, Specialty Consultants)  EMS vehicles associated with 3 new substations  Court-related expenditures for the construction, lease or maintenance of the Court-related facilities including utilities and security infrastructure  Life expectancy of at least 5 years  Land Acquisition expenditure for Residential housing project where at least 30% of units are affordable to individuals whose total annual household income does not exceed 120% of area median income.  Project(s) in line with County Ordinance 2018-21  Project(s) identified in Exhibit A within County Ordinance 2018-21  Project(s) in line with Ballot Language within County Ordinance 2018-21 The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the project meets the necessary requirements and is eligible to use Surtax Funding on , 2019. Chairman Exhibit A Reference Category: Sub-Category: Funding Requested: 8.B.1.b Packet Pg. 27 Attachment: CC Jail Kitchen Replacement and Safety Upgrades - Project Checklist [Revision 1] (9918 : Validate Expenditures for Jail Kitchen 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 8.B.1.c Packet Pg. 28 Attachment: Infrastructure Surtax Statute (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety Upgrades) 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 8.B.1.c Packet Pg. 29 Attachment: Infrastructure Surtax Statute (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety Upgrades) 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 8.B.1.c Packet Pg. 30 Attachment: Infrastructure Surtax Statute (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety Upgrades) 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. 8.B.1.c Packet Pg. 31 Attachment: Infrastructure Surtax Statute (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety Upgrades) 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 8.B.1.d Packet Pg. 32 Attachment: Ordinance 2018-21 (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety Upgrades) 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 8.B.1.d Packet Pg. 33 Attachment: Ordinance 2018-21 (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety Upgrades) 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 8.B.1.d Packet Pg. 34 Attachment: Ordinance 2018-21 (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety Upgrades) 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 8.B.1.d Packet Pg. 35 Attachment: Ordinance 2018-21 (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety Upgrades) 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 8.B.1.d Packet Pg. 36 Attachment: Ordinance 2018-21 (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety Upgrades) 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 8.B.1.d Packet Pg. 37 Attachment: Ordinance 2018-21 (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety Upgrades) 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.B.1.d Packet Pg. 38 Attachment: Ordinance 2018-21 (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety Upgrades) 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.B.1.d Packet Pg. 39 Attachment: Ordinance 2018-21 (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety Upgrades) i. 2222222222222 2 22E22222 s4Ix000000000 ° coo o Oo 00000p sU _ t0 v- 4 ri r; r; 4 co 0 0 01 ri o o ai ari eo O ui o o ui p sa I W r• N 4n 44 + A 0) c0 v M c et U) M a- EA O TN r? 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O A cC m17; J C • 0 d 4 0 C C 0 ti ' OCD • v 41 0R i 3 ' s3 1 V 0.: 0 d C ea O : w O ... mom r+ 44 00 0 ia. 4a m = ' C 00 of 0 W CI 6 N +' O N d . 10 de 11 N C 0 m O ++ O . 0 - 0 cc O - R m 0 0 w R 3 3 0 • L i f.II- a 0 X 0 • 4 O C m C 0 N V . 0 V ci £ d r. TV.. 12 W c C O ; o C a R a m L . Qsn i N E Z a. C = L s6 C . R ` •-. • ' a 4 0 0 Q > ., 0 g 0 sa Q O * i 1.. > Q. CO X d F- Z sp 4• W 03 G Z n Z W 0 0 > ; 2 tp 8.B.1.d Packet Pg. 40 Attachment: Ordinance 2018-21 (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety 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.B.1.d Packet Pg. 41 Attachment: Ordinance 2018-21 (9918 : Validate Expenditures for Jail Kitchen Replacement and Safety Upgrades) 09/04/2019 EXECUTIVE SUMMARY To validate the proposed expenditures for the design, project administration, and construction of the Immokalee Health HVAC and Roofing Replacement; 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, project administration, and construction for the Immokalee Health HVAC and Roofing Replacement. 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 Immokalee Health HVAC and Roofing Replacement is identified within the HVAC, Roofing and Capital Equipment Replacements at Sheriff’s & County facilities category. The design, project administration, and construction of the Immokalee Health HVAC and Roofing Replacement 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 Immokalee Health Building was constructed in 1973 and has been remodeled and upgraded several times throughout the years. However, the current HVAC systems is twenty-five (25) plus years old and needs replacement. Late last summer several units failed, and the space has experienced temperature and humidity spikes causing severe operational issues and mold throughout the facility. Over the years we have spent $161,588.71 in compressors, fans, accessories and other items trying to keep the system operating, including adding portable dehumidification units in the office spaces. The proposed new design will add additional capacity and zones to the building and will include a new variable air volume (VAV) duct system. In addition, a new roof system will be installed along with the replacement of interior lighting using LED fixtures, including the replacement of required ceilin g grids and tiles due to construction. The new HVAC system and controls are designed in compliance with the Florida Building Code and the Collier County Vertical Standards including adding the building to our building automation control system (BAS) for proper monitoring and diagnosis. FISCAL IMPACT: Exhibit A identified up to $39M for HVAC, Roofing and Capital Equipment Replacements at Sheriff’s & County facilities; the costs for the design, project administration, and construction as seen below. Design and CA Permitting Construction Estimated Cost $140,000.00 $3,500.00 $1,260,000.00 8.B.2 Packet Pg. 42 09/04/2019 LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Ordinance No. 2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen Oversight Committee, whose duties are as follows: Duties. The Committee shall have the responsibility to review the expenditure of Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. T he 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) f all 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. 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 8.B.2 Packet Pg. 43 09/04/2019 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100 -0199/0163/Sections/0163.3221.html>(13), or s. 189.012 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100 -0199/0189/Sections/0189.012.html>(5), and includes facilities that are necessary to carry out governmental purposes, including, but not limited to, fire stations, general governmental office buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing authority or another governmental entity. A copy of the entire statute is included as back-up to this item. The County Attorney has reviewed this item and believes that the request meets all the requirements of both the Statute and the Ordinance. As an aside, only those items which I believe satisfy the requirements of both the Ordinance and the Statute will be brought to the Committee. My opinion, however, is not binding on the Committee, as the Board of County Commissioners created this Committee “to provide for citizen review of the expenditure of the Surtax proceeds by the County… (to) serve as an ad hoc advisory and reporting body to the County.” Prepared by: John McCormick, Principal Project Manager, Facilities Management ATTACHMENT(S) 1. Immokalee Health Building HVAC and Roof Replacement - PowerPoint (PPTX) 2. Immokalee Health Building HVAC and Roof Replacement - Project Checklist (PDF) 3. Infrastructure Surtax Statute (PDF) 4. Ordinance 2018-21 (PDF) 8.B.2 Packet Pg. 44 09/04/2019 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 8.B.2 Doc ID: 9920 Item Summary: To validate the proposed expenditures for the design, project administration, and construction of the Immokalee Health HVAC and Roofing Replacement; 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: 09/04/2019 Prepared by: Title: – Solid and Hazardous Waste Name: Sarah Hamilton 08/22/2019 11:24 AM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 08/22/2019 11:24 AM Approved By: Review: Facilities Management Damon Grant Director - Facilities Completed 08/22/2019 1:47 PM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 08/23/2019 8:51 AM Administrative Services Department Michael Cox Additional Reviewer Completed 08/23/2019 2:38 PM County Manager's Office Geoffrey Willig Additional Reviewer Completed 08/26/2019 12:27 PM County Manager's Office Heather Yilmaz Review Item Completed 08/26/2019 3:27 PM CMO Heather Yilmaz Review Item Completed 08/29/2019 8:46 AM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 09/04/2019 8:30 AM 8.B.2 Packet Pg. 45 Prepared By: John McCormick,Principal Project Manager Validation of Expenditures for Immokalee Health Department HVAC and Roof Replacement Project #50176 1 Immokalee Health Department HVAC and Roof ReplacementPublic Utilities Department | Facilities Management Division 8.B.2.a Packet Pg. 46 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Project History Ø The Immokalee Health Building was constructed in 1973 and has been remodeled and upgraded several times throughout the years. Ø The current HVAC system is twenty-five (25) plus years old and needs replacement. Ø Late last summer several units failed,and the space has experienced temperature and humidity spikes causing severe operational issues and encouraging mold growth in the facility resulting in uncomfortable conditions for customers and staff. Ø Over the years the County has spent $161,588.71 in compressors,fans, accessories and other components trying to keep the system operating, including adding portable dehumidification units in the office spaces. 2Public Utilities Department | Facilities Management Division Immokalee Health Department HVAC and Roof Replacement 8.B.2.a Packet Pg. 47 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Public Utilities Department | Facilities Management Division Immokalee Health Department HVAC and Roof Replacement3 Site Location 8.B.2.a Packet Pg. 48 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Project Site Location 4Public Utilities Department | Facilities Management Division Immokalee Health Department HVAC and Roof Replacement 8.B.2.a Packet Pg. 49 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Project Site Location 5Public Utilities Department | Facilities Management Division Immokalee Health Department HVAC and Roof Replacement 8.B.2.a Packet Pg. 50 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Immokalee Health Department HVAC and Roof ReplacementPublic Utilities Department | Facilities Management Division 6 8.B.2.a Packet Pg. 51 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Public Utilities Department | Facilities Management Division Immokalee Health Department HVAC and Roof Replacement7 Portable Dehumidification Units 8.B.2.a Packet Pg. 52 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Public Utilities Department | Facilities Management Division Immokalee Health Department HVAC and Roof Replacement8 8.B.2.a Packet Pg. 53 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Project Objectives 9Public Utilities Department | Facilities Management Division Immokalee Health Department HVAC and Roof Replacement The Immokalee Health Department HVAC and Roof Replacement will include the following: Ø The proposed new design will replace the existing three-zoned Air Conditioning and outside air units and add additional capacity with a fourth zone to serve the building. The new systems will also include a new variable air volume (VAV) duct system and controls. Ø In addition, a new roof system will be installed along with the replacement of interior lighting using LED fixtures, including the replacement of required ceiling grids and tiles due to construction. Ø This work will be conducted in phases during regular business hours in coordination with staff and the public to maintain all current services. 8.B.2.a Packet Pg. 54 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Project Summary / Financials Ø 7-Year Sales Tax in Sub Category: HVAC, Roofing, and Capital Equipment Replacements at Sheriff's & County Facilities Ø Total Projects: $39M Ø The seven-year allocation from the Local Infrastructure Sales Tax is $39M for HVAC,Roofing and Capital Equipment Replacements at Sheriff’s and County Facilities sub-category in Exhibit A. Ø Project Estimate: Ø Total Estimated Cost for Immokalee Health Department HVAC and Roof Replacement: $1,403,500 10Public Utilities Department | Facilities Management Division Immokalee Health Department HVAC and Roof Replacement 8.B.2.a Packet Pg. 55 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Project Summary / Financials 11 TOTAL $ 1,403,500 Immokalee Health Department HVAC and Roof Replacement Design/CA: $ 140,000 Permitting:$ 3,500 Construction: $ 1,260,000 (estimate) Public Utilities Department | Facilities Management Division Immokalee Health Department HVAC and Roof Replacement 8.B.2.a Packet Pg. 56 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Project Schedule/Status 12Public Utilities Department | Facilities Management Division Immokalee Health Department HVAC and Roof Replacement DE SCRIPTION START DATE COMPLETION DATE Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Design 7/11/2019 10/30/2019 Perm ittin g 11/1/2019 12/1/2019 Procurement 12/1/2019 3/1/2020 Constru ctio n 3/1/2020 9/1/2020 Immokalee Health Build in g HVAC 2019 2020 8.B.2.a Packet Pg. 57 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Fiscal Impact 13 Immokalee Health Department HVAC and Roof ReplacementPublic Utilities Department | Facilities Management Division 8.B.2.a Packet Pg. 58 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Project Funding Estimate 14Public Utilities Department | Facilities Management Division Immokalee Health Department HVAC and Roof Replacement $39 $5.6 $1.40 $0 $5 $10 $15 $20 $25 $30 $35 $40 $45 7-Year Sales Tax Validated Total Estimated Cost Immokalee Health Building HVAC System and Roof Replacement 8.B.2.a Packet Pg. 59 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate Recommendation To validate the proposed expenditures for the design,project administration,and construction of the Immokalee Health HVAC and Roof Replacement.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. 15Public Utilities Department | Facilities Management Division Immokalee Health Department HVAC and Roof Replacement 8.B.2.a Packet Pg. 60 Attachment: Immokalee Health Building HVAC and Roof Replacement - PowerPoint (9920 : Validate 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. 61 Attachment: Immokalee Health Building HVAC and Roof Replacement - Project Checklist (9920 : Validate Expenditures for Immokalee Health 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 8.B.2.c Packet Pg. 62 Attachment: Infrastructure Surtax Statute (9920 : Validate Expenditures for Immokalee Health Building HVAC and Roofing Replacement) 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 8.B.2.c Packet Pg. 63 Attachment: Infrastructure Surtax Statute (9920 : Validate Expenditures for Immokalee Health Building HVAC and Roofing Replacement) 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 8.B.2.c Packet Pg. 64 Attachment: Infrastructure Surtax Statute (9920 : Validate Expenditures for Immokalee Health Building HVAC and Roofing Replacement) 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. 8.B.2.c Packet Pg. 65 Attachment: Infrastructure Surtax Statute (9920 : Validate Expenditures for Immokalee Health Building HVAC and Roofing Replacement) 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 8.B.2.d Packet Pg. 66 Attachment: Ordinance 2018-21 (9920 : Validate Expenditures for Immokalee Health Building HVAC and Roofing Replacement) 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 8.B.2.d Packet Pg. 67 Attachment: Ordinance 2018-21 (9920 : Validate Expenditures for Immokalee Health Building HVAC and Roofing Replacement) 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 8.B.2.d Packet Pg. 68 Attachment: Ordinance 2018-21 (9920 : Validate Expenditures for Immokalee Health Building HVAC and Roofing Replacement) 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 8.B.2.d Packet Pg. 69 Attachment: Ordinance 2018-21 (9920 : Validate Expenditures for Immokalee Health Building HVAC and Roofing Replacement) 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 8.B.2.d Packet Pg. 70 Attachment: Ordinance 2018-21 (9920 : Validate Expenditures for Immokalee Health Building HVAC and Roofing Replacement) 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 8.B.2.d Packet Pg. 71 Attachment: Ordinance 2018-21 (9920 : Validate Expenditures for Immokalee Health Building HVAC and Roofing Replacement) 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.B.2.d Packet Pg. 72 Attachment: Ordinance 2018-21 (9920 : Validate Expenditures for Immokalee Health Building HVAC and Roofing Replacement) 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.B.2.d Packet Pg. 73 Attachment: Ordinance 2018-21 (9920 : Validate Expenditures for Immokalee Health Building HVAC and Roofing Replacement) i. 2222222222222 2 22E22222 s4Ix000000000 ° coo o Oo 00000p sU _ t0 v- 4 ri r; r; 4 co 0 0 01 ri o o ai ari eo O ui o o ui p sa I W r• N 4n 44 + A 0) c0 v M c et U) M a- EA O TN r? N N N N t 44 44 44 U) r ER U) 44 to Ili fA 44 u 44 fitt M a sN 2 222222222222 2 22222222 00000000. 00000 0 0 0 0 0 0 0 0 0 as N 4 ri r• ti 4 co0 0; pi o u; ai ft; so o is; o o co ,. 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CO X d F- Z sp 4• W 03 G Z n Z W 0 0 > ; 2 tp 8.B.2.d Packet Pg. 74 Attachment: Ordinance 2018-21 (9920 : Validate Expenditures for Immokalee Health Building HVAC and 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.B.2.d Packet Pg. 75 Attachment: Ordinance 2018-21 (9920 : Validate Expenditures for Immokalee Health Building HVAC and Roofing Replacement) 09/04/2019 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.A Item Summary: Monthly Report to Committee - September 2019 Meeting Date: 09/04/2019 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 08/23/2019 1:38 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 08/23/2019 1:38 PM Approved By: Review: County Manager's Office Geoffrey Willig Additional Reviewer Completed 08/23/2019 1:42 PM Administrative Services Department Michael Cox Additional Reviewer Completed 08/23/2019 2:31 PM County Manager's Office Heather Yilmaz Review Item Completed 08/29/2019 8:40 AM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 09/04/2019 8:30 AM 9.A Packet Pg. 76 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 (11)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$ 110,000,000$ 81,000,000$ -$ Facilities & Capital Replacements 70167 Forensic/Evidence Bldg.33,000,000$ 33,000,000$ -$ 2,574,305$ 80039 Big Corkscrew Island Regional Park 40,000,000$ 40,000,000$ -$ -$ 50145 DAS Shelter Improvements/Replacement 6,000,000$ 6,000,000$ -$ 268,479$ 39,000,000$ 33,416,862$ 50163 Naples Lib HVAC 1,756,220$ -$ 50164 Health Bldg. HVAC 1,644,417$ -$ 50165 Health Bldg. Roof 657,000$ -$ 50166 Jail & Chiller Plant HVAC 1,525,501$ 1,425,388$ Hurricane Resilience 15,000,000$ 10,000,000$ 50390 ESC Enclose Bay 1,500,000$ -$ 50391 PUD Generators 3,500,000$ 941,318$ EMS Substations (3)6,000,000$ 3,777,800$ 55211 Heritage Bay EMS station 2,222,200$ -$ Subtotal - Fac & Cap Replacements 139,000,000$ 91,805,338$ 47,194,662$ 5,209,490$ 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$ 201,805,338$ 218,194,662$ 5,209,490$ Ord 2018-21 Collected to Date* Sales Tax amt represents # of months Balance Revenues 312610 Infrastructure Sales Tax Revenue 420,000,000$ 38,220,964.80$ 5 381,779,035$ Interest Earnings 91,991.74$ 4 *Vender collects sales tax in month 1, remits to State in month 2, and the State remits to County in month 3 (near the end of the month). Interest is posted about 15 days after month end. One Penny Infrastructure Sales Tax - Status of Projects in Exhibit A As of August 21, 2019 HVAC, Roofing, & Cap Equip Replace at Sheriff's & 9.A.1 Packet Pg. 77 Attachment: September 2019 Monthly Report to Sales Tax Committee (9933 : Monthly Report to Committee - September 2019) In the above chart, the Local Government Half Cent Sales Tax for 2018 is provided to demonstrate the seasonality of this revenue source. The Local Governmental Half Cent Sales Tax is a General Fund funding source. Infra Sales Tax Interest Year 1 (2019) (7 months) Year 2 (2020) Year 3 (2021) Year 4 (2022) Year 5 (2023) Year 6 (2024) -$ -$ $- $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 $8.0 $9.0 Jan Feb March April May June July Aug Sept Oct Nov DecMillionsInfrastructure Sales Tax -State's Distribution to County Local Option Infrastructure Sales Tax 2018 Half Cent Sales Tax (General Fund) 9.A.1 Packet Pg. 78 Attachment: September 2019 Monthly Report to Sales Tax Committee (9933 : Monthly Report to Committee - September 2019) 09/04/2019 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.B Item Summary: Committee Support Documents Meeting Date: 09/04/2019 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 08/23/2019 1:48 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 08/23/2019 1:48 PM Approved By: Review: County Manager's Office Geoffrey Willig Additional Reviewer Completed 08/23/2019 5:00 PM Administrative Services Department Michael Cox Additional Reviewer Completed 08/24/2019 1:00 PM County Manager's Office Heather Yilmaz Review Item Completed 08/29/2019 8:32 AM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 09/04/2019 8:30 AM 9.B Packet Pg. 79 212.055 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. 80 Attachment: Infrastructure Surtax Statute (9934 : Committee Support Documents) 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. 81 Attachment: Infrastructure Surtax Statute (9934 : Committee Support Documents) 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. 82 Attachment: Infrastructure Surtax Statute (9934 : Committee Support Documents) 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. 83 Attachment: Infrastructure Surtax Statute (9934 : Committee Support Documents) 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 Packet Pg. 84 Attachment: Ordinance 2018-21 (9934 : Committee Support Documents) 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 Packet Pg. 85 Attachment: Ordinance 2018-21 (9934 : Committee Support Documents) 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 Packet Pg. 86 Attachment: Ordinance 2018-21 (9934 : Committee Support Documents) 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. 87 Attachment: Ordinance 2018-21 (9934 : Committee Support Documents) 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. 88 Attachment: Ordinance 2018-21 (9934 : Committee Support Documents) 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. 89 Attachment: Ordinance 2018-21 (9934 : Committee Support Documents) 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. 90 Attachment: Ordinance 2018-21 (9934 : Committee Support Documents) 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. 91 Attachment: Ordinance 2018-21 (9934 : Committee Support Documents) i. 2222222222222 2 22E22222 s4Ix000000000 ° coo o Oo 00000p sU _ t0 v- 4 ri r; r; 4 co 0 0 01 ri o o ai ari eo O ui o o ui p sa I W r• N 4n 44 + A 0) c0 v M c et U) M a- EA O TN r? 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O A cC m17; J C • 0 d 4 0 C C 0 ti ' OCD • v 41 0R i 3 ' s3 1 V 0.: 0 d C ea O : w O ... mom r+ 44 00 0 ia. 4a m = ' C 00 of 0 W CI 6 N +' O N d . 10 de 11 N C 0 m O ++ O . 0 - 0 cc O - R m 0 0 w R 3 3 0 • L i f.II- a 0 X 0 • 4 O C m C 0 N V . 0 V ci £ d r. TV.. 12 W c C O ; o C a R a m L . Qsn i N E Z a. C = L s6 C . R ` •-. • ' a 4 0 0 Q > ., 0 g 0 sa Q O * i 1.. > Q. CO X d F- Z sp 4• W 03 G Z n Z W 0 0 > ; 2 tp 9.B.2 Packet Pg. 92 Attachment: Ordinance 2018-21 (9934 : Committee Support Documents) ofTY, Sr FIk y 1 ei I 614,Ka.Ce.'' FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 26, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-21, which was filed in this office on April 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 9.B.2 Packet Pg. 93 Attachment: Ordinance 2018-21 (9934 : Committee Support Documents) 09/04/2019 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 12.A Item Summary: Next Meeting Date - October 2, 2019 Meeting Date: 09/04/2019 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 08/23/2019 1:55 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 08/23/2019 1:55 PM Approved By: Review: County Manager's Office Heather Yilmaz Review Item Completed 08/29/2019 8:27 AM County Manager's Office Heather Yilmaz Review Item Completed 08/29/2019 8:40 AM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 09/04/2019 8:30 AM 12.A Packet Pg. 94 26.A.3Packet Pg. 815Attachment: Checklist All Projects Validated - 09_04_2019 Signed (11019 : Infrastructure Surtax Citizen Oversight Committee - September 04, 26.A.3Packet Pg. 816Attachment: Checklist All Projects Validated - 09_04_2019 Signed (11019 : Infrastructure Surtax Citizen Oversight Committee - September 04,