ISCOC Agenda 02/05/2020COLLIER COUNTY
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE
Agenda
February 5, 2020
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
Jeff Lutz – 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 - December 04, 2019
6. PUBLIC COMMENT
7. NEW BUSINESS
8. PROJECTS
A. TRANSPORTATION
1. To validate the proposed expenditures for the design and the construction for the Various
Sidewalks Project; 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 towards the Airport Road Corridor Improvements
from Vanderbilt Beach Road to Immokalee Road; to ensure that this project meets the
requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible
project in line with County Ordinance 2018-21 and the ballot language within; to make a
finding that the project expenditures are a valid use of Infrastructure Sales Surtax
Funding.
B. FACILITIES & CAPITAL REPLACEMENTS
1. To validate the proposed expenditures for the design and installation of permanent
generators associated with North Collier Regional Park and Immokalee Sports Complex 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, Project Number 50393.
2. To validate the expenditures for the removal and replacement of the existing roofing,
flashings and gutters / leaders at the Museum of the Everglades; 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.
3. To validate the expenditures for the removal and replacement of two roof mounted
Outside Air Units and the installation of a new Direct Digital Control (DDC) system
integrated with the Collier County Reliable Energy Dashboard capable of monitoring all Air
Handling Units (AHU’s) at the Vineyards Community Center; to ensure that this project
meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is
an eligible project in line with County Ordinance 2018-21 and the ballot language within; to
make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax
Funding.
4. To validate the expenditures for the Emergency Services Center (ESC) Chiller
Replacement and Controls Upgrade; 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.
5. To validate the expenditures for replacement of the existing Underground Chilled Water
Mains now serving 11 Main Campus Buildings including Tax Collector, Elections, Human
Resources, Administration, Risk Management, Annex, Courthouse, J1/J2 Jail, J3 Jail,
Facilities, and the Health Building; to ensure that this project meets the requirements of
F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line
with County Ordinance 2018-21 and the ballot language within; to make a finding that the
project expenditures are a valid use of Infrastructure Sales Surtax Funding.
6. To validate the expenditures for the Switchgear Upgrade of Substations A, B, and K on the
Main Campus of Collier County; 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 - February 2020
B. Committee Support Documents
10. ANNOUNCEMENTS
11. COMMITTEE MEMBER DISCUSSION
12. NEXT MEETING DATE
A. Next Meeting Date - May 06, 2020
13. ADJOURNMENT
02/05/2020
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 5.A
Item Summary: Meeting Minutes - December 04, 2019
Meeting Date: 02/05/2020
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
01/30/2020 4:14 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/30/2020 4:14 PM
Approved By:
Review:
County Manager's Office Heather Yilmaz Review Item Completed 01/30/2020 4:15 PM
County Manager's Office Heather Yilmaz Review Item Skipped 01/30/2020 4:17 PM
CMO Heather Yilmaz Review Item Completed 01/30/2020 4:22 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/05/2020 8:30 AM
5.A
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MINUTES OF THE REGULAR MEETING OF THE COLLIER COUNTY
Infrastructure Surtax Citizen Oversight Committee
December 04, 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
Stephen Osborne
Vacant
Absent: James W. DeLony
Also, Present: Heather Cartwright-Yilmaz – Sr. Operations Analyst, County Manager’s Office
Geoff Willig – Sr. Operations Analyst, County Manager’s Office
Colleen Greene – Assistant County Attorney, County Attorney’s Office
1. Call to Order & Pledge of Allegiance
The Chairman called the meeting to order at 8:30 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 reviewed information for District 1 vacancy.
4. Approval of The Agenda
The agenda was distributed to all present and approved.
5. Approval of minutes from Previous Meeting
A. Meeting Minutes – November 06, 2019
5.A.a
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The minutes were distributed to all present and approved.
6. Public Comment
There was no public comment.
7. New Business
A motion to approve two At-Large seats was made with a recommendation to the Board.
8. Projects
A. Transportation (None)
B. Facilities & Capital Replacements (None)
C. Community Priorities (None)
9. Old Business
A. Monthly Report to Committee – December
B. Committee Support Documents
As of November 22, 2019, when the Monthly report was pulled, the Committee validated a total of
19 projects, with total projected expenditures of $207M to date. The total Infrastructure Sales Tax
Revenue is $53.7M, with almost $227K 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
Committee discussion ensued around selection of Chair and Vice Chair in February with the newly
appointed District 1 Committee member.
12. Next Meeting Date
The next meeting of the Infrastructure Surtax Citizen Oversight Committee will be on February 5,
2020 at 8:30 AM in the BCC Boardroom at 3299 Tamiami Trl E, Naples FL 34112 on the third
floor.
13. Adjournment
The Chairman made a motion for this meeting to be adjourned and was accepted unanimously.
5.A.a
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The meeting was adjourned at 8:41 AM with nothing further to discuss.
Collier County Infrastructure Surtax Citizen Oversight Committee
_______________________
Ronald A. Kezeske – Chairman
The foregoing Minutes were approved by Committee Chair on February 05, 2020, “as submitted” [
] or “as amended” [ ]
5.A.a
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02/05/2020
EXECUTIVE SUMMARY
To validate the proposed expenditures for the design and the construction for the Various
Sidewalks Project; to ensure that this project meets the requirements of F.S. 212.055, conforms to
the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21
and the ballot language within; to make a finding that the project expenditures are a valid use of
Infrastructure Sales Surtax Funding.
OBJECTIVE: To validate the proposed expenditures for the design and construction, right of way and
mitigation, and construction engineering and inspection of the Various Sidewalks Project.
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 Various Sidewalks Project was specifically identified within the
Transportation category.
The Various Sidewalk Project fulfills the definition of infrastructure as outlined in F.S. 212.055, which
defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years,
any related land acquisition, land improvement, design, and engineering costs, and all other
professional and related costs required to bring the public facilities into service.”
The project goal is to construct new sidewalks that provide more mobility options, increase safety for
bicyclist and pedestrians and provide for additional access to Collier Area Transit. The sidewalks
included in this project are priority sidewalks and are consistent with the 2012 Metropolitan Planning
Organization’s Comprehensive Pathway Plan. The subject projects were prioritized as medium or high
priority in the Plan. The Plan took into consideration various criteria including but not limited to
connectivity/missing links, continuous bike route, safety and proximity to various activity centers. A
well-connected network provides for mobility options for individuals of all ages, income levels and
physical abilities to travel where they need to go. A connected network encourages people to walk and
bike instead of drive. In addition, sidewalks in close proximity to a transit stop provide a safe route for
the transit ridership.
Sidewalks will be constructed at the following locations: Carolina Avenue (Warren Street to Broward
Street), Carlton Street (Floridian Avenue to Tucker Avenue), Carson Road (Immokalee Drive to Lake
Trafford Road), Catts Street (Georgia Avenue to dead-end), CR 846 E (E Main Street to Airpark
Boulevard), Livingston Road South (Radio Road to Progress), Warren Street (Saint Andrews Boulevard
to Carolina Avenue), Oakes Boulevard (Vanderbilt Beach Road to Immokalee Road). This is
predominantly new construction with the exception of Oaks Boulevard where the project will replace the
existing asphalt sidewalk and add a new concrete one.
FISCAL IMPACT: Exhibit A identified up to $10M for this project, the costs for design and
construction, right of way and construction engineering and inspection are shown below.
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02/05/2020
Design & Permitting ROW CEI Services Construction Cost* Total
$900,000 $200,000 $900,000 $8,000,000 (estimate) $10,000,000
* The construction is not out to bid yet.
The estimated useful life of sidewalks is 30 years with minimal to no repair cost during that duration of
time.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office.
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.
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:
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a. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction,
or improvement of public facilities that have a life expectancy of 5 or more years, any related land
acquisition, land improvement, design, and engineering costs, and all other professional and related costs
required to bring the public facilities into service. For purposes of this sub-subparagraph, the term “public
facilities” means facilities as defined in s. 163.3164
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office buildings,
and animal shelters, regardless of whether the facilities are owned by the local taxing authority or another
governmental entity.
A copy of the entire statute is included as back-up to this item.
The County Attorney’s Office 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 satisfy the
requirements of both the Ordinance and the Statute will be brought to the Committee. The County
Attorney’s Office 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.” - CMG
Prepared by: Mark McCleary, Principal Project Manager, Transportation Engineering Division
ATTACHMENT(S)
1. Various Sidewalk Improvements - PowerPoint (PPTX)
2. Various Sidewalk Improvements - Project Checklist (PDF)
3. Infrastructure Surtax Statute (PDF)
4. Ordinance 2019-46 (PDF)
8.A.1
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02/05/2020
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.A.1
Doc ID: 11387
Item Summary: To validate the proposed expenditures for the design and the construction for the
Various Sidewalks Project; 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: 02/05/2020
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
01/17/2020 12:50 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/17/2020 12:50 PM
Approved By:
Review:
Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/27/2020 2:25 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 01/27/2020 2:37 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 01/27/2020 8:25 PM
County Manager's Office Heather Yilmaz Additional Reviewer Completed 01/28/2020 6:14 PM
Growth Management Department Jeanne Marcella Additional Reviewer Completed 01/30/2020 4:03 PM
CMO Heather Yilmaz Review Item Completed 01/30/2020 5:00 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/05/2020 8:30 AM
8.A.1
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Prepared By:
Thaddeus Cohen,Department Head,Growth Management Department
Jay Ahmad,P.E.,Director,Transportation Engineering
Mark McCleary,P.E.,P.S.M.,Principal Project Manager,Transportation Engineering
Chad Sweet,P.E.,Senior Project Manager,Transportation Engineering
Various Sidewalk Improvements
1Growth Management Department Various Sidewalk Improvements
8.A.1.a
Packet Pg. 12 Attachment: Various Sidewalk Improvements - PowerPoint (11387 : Validate Expenditures for Various
History
§The sidewalks included in this project are priority sidewalks and are consistent
with the Metropolitan Planning Organization’s Comprehensive Pathway Plan.
§The project goal is to construct new sidewalks that provide more mobility options,
increase safety for bicyclist and pedestrians and provide for additional access to
Collier Area Transit.
§Sidewalks will be constructed at the following locations: Carolina Avenue (Warren
Street to Broward Street), Carlton Street (Floridian Avenue to Tucker Avenue),
Carson Road (Immokalee Drive to Lake Trafford Road), Catts Street (Georgia
Ave nue to dead-end), CR 846 E (E Main Street to Airpark Boulevard),Livingston
Road South (Radio Road to Progress),Wa rren Street (Saint Andrews Boulevard to
Carolina Avenue), Oakes Boulevard (Vanderbilt Beach Road to Immokalee Road).
Growth Management Department 2 Va rious Sidewalk Improvements
8.A.1.a
Packet Pg. 13 Attachment: Various Sidewalk Improvements - PowerPoint (11387 : Validate Expenditures for Various
3 Va rious Sidewalk ImprovementsGrowth Management Department
8.A.1.a
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4Growth Management Department Va rious Sidewalk Improvements
Ty pical Section
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BEFORE AFTER
5Growth Management Department Va rious Sidewalk Improvements
2118 51st Te r SW, Golden Gate City
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Project Summary /Financials
Growth Management Department 6 Va rious Sidewalk Improvements
$10.0 M will be financed through the sales tax.
$10.0 $10.0
$-
$2.0
$4.0
$6.0
$8.0
$10.0
$12.0
7-Year Sales Tax Total Estimated CostMillionsProject Funding To tal Estimate vs. Funding Source's
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Project Details –Va rious Sidewalk Improvements
Growth Management Department 7 Va rious Sidewalk Improvements
•The project limits are as follows:
o Carolina Avenue (Warren Street to Broward Street-0.65 mi) and Wa rren Street
(Saint Andrews Boulevard to Carolina Avenue-0.26 mi) both sides of the street.
o Carlton Street (Floridian Avenue to Tucker Avenue-0.68 mi) and Catts Street
(Georgia Avenue to dead-end) both sides of the street.
o Carson Road (Immokalee Drive to Lake Trafford Road-1.01 mi) one side and CR
846 E (E Main Street to Airpark Boulevard-0.43mi) both sides of the street.
o Livingston Road South (Radio Road to Progress-0.75 mi) one side of the street
and Oakes Boulevard (Vanderbilt Beach Road to Immokalee Road-1.99 mi) both
sides of the street.
•The total estimated cost of the project is $10M, which includes design, permitting,
right of way,construction engineering and inspection (CEI), and construction.
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Project Stages /Details –Va rious Sidewalk Improvements
•Design:
We anticipate a design timeframe of about 8 months (depending on permitting
requirements and other variables) for each location or phase. The designs will
be staggered. Some of the phases will be designed by consultants off the
continuing services contract for projects under $200,000. Other phases, where
the design cost is above the $200,000 threshold, a Request for Professional
Service will be solicited through Procurement. Any qualified US company is
allowed to participate in the solicitation process.
•Pe rmitting:
Improvements will require a permit from the South Florida Water
Management District. The permit applications will be submitted once the
design completes the 60% phase.
8Growth Management Department Va rious Sidewalk Improvements
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Growth Management Department Va rious Sidewalk Improvements9
•Right of Way :
In order to build these sidewalk improvements, land from adjacent property owners
may be needed. To date we have not identified specific parcels, but have budgeted
a total of $200,000 for Right Of Way.
•Construction Engineering Inspection (CEI):
We have budgeted $900,000 to pay for a CEI firm. This consultant will make certain
that the entire project is constructed in conformance with approved plans and
specifications. The focus is quality construction that is on schedule and within
budget. They will monitor all stages of the construction on a daily basis and check
the quality of work for every line item, including material testing. Inspectors will be
on site whenever there is construction activity and will keep a daily log of the
progress.
Project Stages /Details –Va rious Sidewalk Improvements
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Va rious Sidewalk Improvements10Growth Management Department
•Construction:
We have budgeted $8,000,000 to pay for the construction. Any qualified US
company is allowed to participate in this bid.
Project Stages /Details –Va rious Sidewalk Improvements
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Va rious Sidewalk Improvements -Schedule
Growth Management Department 11 Va rious Sidewalk Improvements
Projects Length
(mi)
2020 2021 2022 2023 2024
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Carolina Ave. (Warren St. to Broward)0.65
Warren St.(St. Andrews Blvd. to Carolina Ave.)0.26
Carlton Street (Floridian Ave to Tucker Ave)0.68
Catts Street (Georgia Ave to dead end)0.47
Carson Road (Immok. Rd to Lake Trafford Rd.)1
CR 846 (E. Main St. to Airpark Blvd)0.43
Livingston Road S.(Radio Rd. to Progress Ave.)0.75
Oakes Blvd. (VBR to Immok. Rd.)1.99
Design Phase Bidding Phase Construction Phase
Solicit for design services
instead of annual contract
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Design & Permitting, $900,000
Right-of-Wa y, $200,000
CEI, $900,000
Construction,
$8,000,000
Project Funding Estimate
Growth Management Department 12 Va rious Sidewalk Improvements
Sales Tax Funded : $10M (all stages of the project)
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Fiscal Impact
Exhibit A identified up to $10M for this project.
13Growth Management Department Various Sidewalk Improvements
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Re co mmendation
To validate the proposed expenditures for the design,permitting,right-of-way
acquisition,Construction Engineering Inspection,and the construction improvements
for Va rious Sidewalks at the following locations:Carolina Av enue –Wa rren Street to
Broward Street ,Carlton Street –Floridian Av enue to Tu cker Av enue ,Carson Road –
Immokalee Drive to Lake Tr afford Road ,Catts Street –Georgia Av enue to dead-end ,
CR 846 E –E Main Street to Airpark Boulevard,Livingston Road South –Radio Road to
Progress,Wa rren Street –Saint Andrews Boulevard to Carolina Av enue,Oakes
Boulevard –Va nderbilt Beach Road to Immokalee Road.;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.
14Growth Management Department Va rious Sidewalks Improvements
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Project Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
EMS vehicles associated with 3 new substations
Court-related expenditures for the construction, lease or maintenance of the Court-related
facilities including utilities and security infrastructure
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2020.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
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212.055 Discretionary sales surtaxes; legislative intent; authorization and use of
proceeds.—It is the legislative intent that any authorization for imposition of a discretionary
sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective
of the duration of the levy. Each enactment shall specify the types of counties authorized to levy;
the rate or rates which may be imposed; the maximum length of time the surtax may be imposed,
if any; the procedure which must be followed to secure voter approval, if required; the purpose
for which the proceeds may be expended; and such other requirements as the Legislature may
provide. Taxable transactions and administrative procedures shall be as provided in s. 212.054.
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
(a)1. The governing authority in each county may levy a discretionary sales surtax of 0.5
percent or 1 percent. The levy of the surtax shall be pursuant to ordinance enacted by a majority
of the members of the county governing authority and approved by a majority of the electors of
the county voting in a referendum on the surtax. If the governing bodies of the municipalities
representing a majority of the county’s population adopt uniform resolutions establishing the rate
of the surtax and calling for a referendum on the surtax, the levy of the surtax shall be placed on
the ballot and shall take effect if approved by a majority of the electors of the county voting in
the referendum on the surtax.
2. If the surtax was levied pursuant to a referendum held before July 1, 1993, the surtax may
not be levied beyond the time established in the ordinance, or, if the ordinance did not limit the
period of the levy, the surtax may not be levied for more than 15 years. The levy of such surtax
may be extended only by approval of a majority of the electors of the county voting in a
referendum on the surtax.
(b) A statement which includes a brief general description of the projects to be funded by the
surtax and which conforms to the requirements of s. 101.161 shall be placed on the ballot by the
governing authority of any county which enacts an ordinance calling for a referendum on the
levy of the surtax or in which the governing bodies of the municipalities representing a majority
of the county’s population adopt uniform resolutions calling for a referendum on the surtax. The
following question shall be placed on the ballot:
FOR the -cent sales tax
AGAINST the -cent sales tax
(c) Pursuant to s. 212.054(4), the proceeds of the surtax levied under this subsection shall be
distributed to the county and the municipalities within such county in which the surtax was
collected, according to:
1. An interlocal agreement between the county governing authority and the governing bodies
of the municipalities representing a majority of the county’s municipal population, which
agreement may include a school district with the consent of the county governing authority and
the governing bodies of the municipalities representing a majority of the county’s municipal
population; or
2. If there is no interlocal agreement, according to the formula provided in s. 218.62.
Any change in the distribution formula must take effect on the first day of any month that begins
at least 60 days after written notification of that change has been made to the department.
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be
expended by the school district, within the county and municipalities within the county, or, in the
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Packet Pg. 27 Attachment: Infrastructure Surtax Statute (11387 : Validate Expenditures for Various Sidewalk Improvements)
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.A.1.c
Packet Pg. 28 Attachment: Infrastructure Surtax Statute (11387 : Validate Expenditures for Various Sidewalk Improvements)
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.A.1.c
Packet Pg. 29 Attachment: Infrastructure Surtax Statute (11387 : Validate Expenditures for Various Sidewalk Improvements)
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.A.1.c
Packet Pg. 30 Attachment: Infrastructure Surtax Statute (11387 : Validate Expenditures for Various Sidewalk Improvements)
ORDINANCE NO.2019- 4 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2018-21,
IN ORDER TO CLARIFY THE TERMS OF MEMBERSHIP OF THE
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE.
WHEREAS, on April 24, 2018, the Board of County Commissioners (Board) adopted
Ordinance No. 2018-21, which imposed a one percent local government infrastructure surtax,
which was approved by County voters by referendum election on November 6, 2018; and
WHEREAS, Section Seven of Ordinance No.2018-21 provided for citizen oversight of the
expenditure of surtax proceeds by formation of an ad hoc committee known as the Infrastructure
Surtax Citizen Oversight Committee(Committee), comprised of seven members; and
WHEREAS, on January 8, 2019, the Board appointed the initial membership of the
Committee by Resolution No. 2019-12, and at that time the Board expressed a desire to appoint
two alternate members to the Committee, in addition to the seven voting members described in
Ordinance No. 2018-21; and
WHEREAS,the Board wishes to amend Ordinance No. 2018-21 to clarify the terms of the
alternate members.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2018-21.
Section Seven,Infrastructure Surtax Citizen Oversight Committee,of Ordinance No.2018-
21 is hereby amended as follows:
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
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 and two
2) alternate 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,
Words Underlined are added;Words Stfuele-Thcough are deleted.
Page 1 of 4
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Packet Pg. 31 Attachment: Ordinance 2019-46 (11387 : Validate Expenditures for Various Sidewalk Improvements)
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 and for the alternate seats 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.
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
Words Underlined are added; Words StFuek—Thfeugh are deleted.
Page 2 of 4
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Packet Pg. 32 Attachment: Ordinance 2019-46 (11387 : Validate Expenditures for Various Sidewalk Improvements)
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. An
alternate member shall vote only in the absence, disqualification or abstention of a regular
Committee member. 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.
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.
Words Underlined are added; Words Struck Through are deleted.
Page 3 of 4
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Packet Pg. 33 Attachment: Ordinance 2019-46 (11387 : Validate Expenditures for Various Sidewalk Improvements)
SECTION TWO: 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 THREE: 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this \oc\--k day of x1 Ixr" , 2019.
ATTESTSBOARD OF COUNTY COMMISSIONERS
CRYST: J0. 101447 ,Clerk COLLIER CO41 ORIDA
By: dr- a":414,. as_kii By:
61) Air
t ,,r =r
eir Clerk Wi am L. McDaniel, Jr., Chairman
A .
sign-are only.3 $.
Appro .d . r i form and legality:
4101 This ordinance filed with the
7014
Jeffrey . atzkow, County Attorneyr
ry of 'rate's ff ce the
lyof
and
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8.A.1.d
Packet Pg. 34 Attachment: Ordinance 2019-46 (11387 : Validate Expenditures for Various Sidewalk Improvements)
111 „,,,
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 13, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-46, which was filed in this office on December 13,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
8.A.1.d
Packet Pg. 35 Attachment: Ordinance 2019-46 (11387 : Validate Expenditures for Various Sidewalk Improvements)
02/05/2020
EXECUTIVE SUMMARY
To validate the proposed expenditures towards the Airport Road Corridor Improvements from
Vanderbilt Beach Road to Immokalee Road; to ensure that this project meets the requirements of
F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with
County Ordinance 2018-21 and the ballot language within; to make a finding that the project
expenditures are a valid use of Infrastructure Sales Surtax Funding.
OBJECTIVE: To validate the proposed expenditures for the design and construction, right of way and
mitigation, and construction engineering and inspection of the Airport Road Corridor Improvements from
Vanderbilt Beach Road (VBR) (CR 862) to Immokalee Road (CR 846).
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 t he definition of
Infrastructure, and is in line with County Ordinance 2018-21. There were three (3) main categories of
projects identified in Ordinance 2018-21: Transportation Projects, Facilities & Capital Replacements, and
Community Priorities. The Airport Road Corridor Improvements from Vanderbilt Beach Road to
Immokalee Road project was specifically identified within the Transportation Project category.
The Airport Road Corridor Improvements from VBR to Immokalee Road project fulfills the definition of
infrastructure as outlined in F.S. 212.055, which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years,
any related land acquisition, land improvement, design, and engineering costs, and all other
professional and related costs required to bring the public facilities into service.”
The Collier County Metropolitan Planning Organization (MPO) develops the Long-Range Transportation
Plan (LRTP), which is a five-year vision for future transportation needs. The revision cycle occurs every
five years. The 2020 LRTP update, identified this project as a need for a six-lane arterial. However, it
remained an unfunded need until the 2040 LRTP update. The 2040 LRTP was adopted by the
Metropolitan Planning Organization (MPO) Board on December 11, 2015. It had three subsequent
amendments with the final amendment occurring on May 25, 2018.
The project intends to add a third southbound through lane and extend the third northbound through lane.
Consistency with the transportation facilities of this classification, on-street bike lanes, and sidewalks will
be added. These expanded features will require upgrades to the existing drainage facilities. Traffic signals
at existing intersections will also need an upgrade, and the corridor will be evaluated for street lighting
improvements.
By 2023, the segment of Vanderbilt Beach Road from US41 to the east of Goodlette Frank Road will
expand from four to six lanes. This will increase the volume of traffic on Airport Road. If not extended,
the Airport Road corridor will become a choke point in the northbound direction and reduce the level of
service for motorists. The expansion of Airport Road will also alleviate traffic on Livingston Road.
The Florida Department of Transportation (FDOT) will participate in funding the proposed improvements
through a County Incentive Grant Program (CIGP). The disbursement of the grant requires a Joint
Participation Agreement between the FDOT and the Board of County Commissioners (Board) in fiscal
8.A.2
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02/05/2020
years 2021 to 2022.
The current estimates for the project are $17.5M. The CIGP grant amount is $6.43M towards design and
construction, while the Surtax contribution amount is $4.0M. The remaining $7.07M are collected from
gas taxes.
FISCAL IMPACT: The table below shows a total estimated cost for design and construction, right of
way and mitigation, and construction engineering and inspection of $17.5M for this project, of which
$4M is identified in Exhibit A. The remaining funds will come from the grant and gas tax.
Design &
Permitting
ROW &
Mitigation
CEI Services Construction Total
$1,500,000 $17,500 $1,482,500 $14,500,000* $17,500,000
* The construction is not out to bid yet.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office.
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.
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
8.A.2
Packet Pg. 37
02/05/2020
75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance
costs associated with landfill closure. Counties, as defined in s. 125.011
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, and charter counties may, in addition, use the proceeds or interest
to retire or service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes,
and for bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years, any
related land acquisition, land improvement, design, and engineering costs, and all other professional and
related costs required to bring the public facilities into service. For purposes of this sub-subparagraph, the
term “public facilities” means facilities as defined in s. 163.3164
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office buildings,
and animal shelters, regardless of whether the facilities are owned by the local taxing authority or another
governmental entity.
A copy of the entire statute is included as back-up to this item.
The County Attorney’s Office 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 after review by
the County Attorney’s Office appear to satisfy the requirements of both the Ordinance and the Statute will
be brought to the Committee. The County Attorney’s Office opinion, however, is not bi nding 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.” - CMG
Prepared by: Marlene Messam, P.E., Principal Project Manager, Transportation Engineering Division
ATTACHMENT(S)
1. Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (PPTX)
2. Airport Road - Widening from Vanderbilt to Immokalee - Checklist (PDF)
3. Infrastructure Surtax Statute (PDF)
4. Ordinance 2019-46 (PDF)
8.A.2
Packet Pg. 38
02/05/2020
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.A.2
Doc ID: 11388
Item Summary: To validate the proposed expenditures towards the Airport Road Corridor
Improvements from Vanderbilt Beach Road to Immokalee Road; 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: 02/05/2020
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
01/17/2020 1:06 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/17/2020 1:06 PM
Approved By:
Review:
Transportation Engineering Marlene Messam Additional Reviewer Completed 01/24/2020 9:45 AM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 01/27/2020 6:23 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 01/27/2020 7:44 PM
County Manager's Office Heather Yilmaz Additional Reviewer Completed 01/29/2020 1:02 PM
Growth Management Department Jeanne Marcella Additional Reviewer Completed 01/30/2020 4:03 PM
CMO Heather Yilmaz Review Item Completed 01/30/2020 4:24 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/05/2020 8:30 AM
8.A.2
Packet Pg. 39
Prepared By:
Thaddeus Cohen,Department Head,Growth Management Department
Jay Ahmad,P.E.,Director,Transportation Engineering
Marlene Messam,P.E.,Principal Project Manager,Transportation Engineering
Airport Road Widening Project
1 Airport Road ProjectGrowth Management Department
8.A.2.a
Packet Pg. 40 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (11388 : Validate
History
§Airport Road from US41(Tamiami Trail) to Vanderbilt Beach Road (CR
862) is a six-lane divided, urban (curb and gutter) minor arterial.
§The final segment between Vanderbilt Beach Road (VBR) and
Immokalee Road (CR 846) has four lanes, divided and rural.
§The Project was first identified by Collier County Metropolitan
Planning Organization (MPO) in the 2020 Long Range Tra nsportation
Plan (LRTP, adopted on Dec 1, 1995) as a need for a six-lane divided
arterial.
§It remained an unfunded need in subsequent LRTPs, until the 2040
update.
2Growth Management Department Airport Road Project
8.A.2.a
Packet Pg. 41 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (11388 : Validate
Airport Road
Widening –
Project Location
Project Manager:
oBee Thao, PE
3
STAT US:
oProcurement
Growth Management Department
Airport Road Project
8.A.2.a
Packet Pg. 42 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (11388 : Validate
Ty pical Section
4Growth Management Department Airport Road Project
8.A.2.a
Packet Pg. 43 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (11388 : Validate
/
Project Summary /Financials
$4.0 M will be financed through the sales tax, remaining
funds will come from gas taxes and grants.
5Growth Management Department Airport Road Project
$7.1 $6.4
$4.0
$17.5
$-
$2.0
$4.0
$6.0
$8.0
$10.0
$12.0
$14.0
$16.0
$18.0
$20.0
Local Funding Grants 7-Year Sales Tax Total Estimated CostMillionsProject Funding To tal Estimate vs. Funding Source's
8.A.2.a
Packet Pg. 44 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (11388 : Validate
Project Details –Airport Road Widening
•The project limits are from Vanderbilt Beach Road (CR 862) to
Immokalee Road (CR 846). The project will include:
o Adding a third southbound through lane
o Extending the third northbound through lane
o Improving drainage within the project area
o Adding on-street bike lanes and sidewalks
•The total estimated cost of the project is $17.5M, which includes
design, permitting, mitigation, construction engineering and
inspection (CEI), and construction.
6Growth Management Department Airport Road Project
8.A.2.a
Packet Pg. 45 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (11388 : Validate
•Design:
We anticipate a design timeframe of about 18 months (depending on permitting
requirements and other variables). Any qualified US company is allowed to
participate in this design process. The Florida Department of Transportation
(FDOT) is providing a grant, in which the amount anticipated for design is $1.5M
out of the estimated total grant of $6.4M for the new improvements. The County
and FDOT will enter into a Joint Participation Agreement before the project
solicitation phase begins.
•Permitting:
Environmental impacts will require a permit from the South Florida Water
Management District and the Army Corp of Engineers. The permit applications will
be submitted once the design completes the 60% phase.
7Growth Management Department Airport Road Project
Project Stages /Details –Airport Road Widening
8.A.2.a
Packet Pg. 46 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (11388 : Validate
•Mitigation:
Collier County is required to provide compensatory mitigation to offset
unavoidable wetland, other surface waters, and endangered species
impacts. For this project, we have an estimated $17,500 to cover the cost of
mitigation.
•Construction Engineering Inspection (CEI):
We have budgeted $1,482,500 to pay for a CEI firm. This consultant will
make certain that the entire project is constructed in conformance with
approved plans and specifications. The focus is quality construction that is
on schedule and within budget. They will monitor all stages of the
construction on a daily basis and check the quality of work for every line
item, including material testing. Inspectors will be on site whenever there is
construction activity and will keep a daily log of the progress.
8Growth Management Department Airport Road Project
Project Stages /Details –Airport Road Widening
8.A.2.a
Packet Pg. 47 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (11388 : Validate
•Construction:
We have budgeted $14,500,000 to pay for the construction. Any qualified US
company is allowed to participate in this bid. The FDOT is providing a grant
in the amount of $4,928,100 out of the estimated total cost of $14.5M for
the construction of the new improvements.
9Growth Management Department Airport Road Project
Project Stages /Details –Airport Road Widening
8.A.2.a
Packet Pg. 48 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (11388 : Validate
Project Schedule –Airport Road Widening
10Growth Management Department Airport Road Project
Activity Start Finish
2020 2021 2022 2023 2024
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
FDOT/BCC Joint
Participation Agreement
(Design)
Feb-20 Jul-20
Design Procurement Aug-20 Feb-21
Design, Permitting &
Mitigation Mar-21 Aug-22
FDOT/BCC Joint
Participation Agreement
(Construction)
Sep-22 Dec-22
Construction
Procurement Jan-23 Jun-23
Construction Jul-23 Dec-24
8.A.2.a
Packet Pg. 49 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (11388 : Validate
Project Funding Estimate-Airport Road Widening
11Growth Management Department Airport Road Project
Mitigation,
$17,500
Design &
Permitting ,
$1,500,000 Construction
Engineering &
Inspection,
$1,482,500
Construction
$14,500,000Sales Tax Funded: $4.0M
Grant Funded: $6.4M
Locally Funded: $7.1M
8.A.2.a
Packet Pg. 50 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (11388 : Validate
Fiscal Impact
Exhibit A identified up to $4.0M for this project.
12Growth Management Department Airport Road Project
8.A.2.a
Packet Pg. 51 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (11388 : Validate
Re commendation
To va lidate the proposed expenditures fo r the design,permitting
and mitigation,construction engineering inspection,and the
construction for the Airport Road Widening Project;to ensure that
this project meets the requirements of F.S.212.055,conforms to
the definition of Infrastructure,and is an eligible project in line
with County Ordinance 2018-21 and the ballot language within;to
make a finding that the project expenditures are a va lid use of
Infrastructure Sales Surtax Funding.
13Growth Management Department Airport Road Project
8.A.2.a
Packet Pg. 52 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - PowerPoint (11388 : 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 , 2020.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.A.2.b
Packet Pg. 53 Attachment: Airport Road - Widening from Vanderbilt to Immokalee - Checklist (11388 : Validate Expenditures for Airport Road - Widening from
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.A.2.c
Packet Pg. 54 Attachment: Infrastructure Surtax Statute (11388 : Validate Expenditures for Airport Road - Widening from Vanderbilt to Immokalee)
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.A.2.c
Packet Pg. 55 Attachment: Infrastructure Surtax Statute (11388 : Validate Expenditures for Airport Road - Widening from Vanderbilt to Immokalee)
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.A.2.c
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chapter 163 and the municipality has adopted an amendment to its surtax ordinance or resolution
pursuant to the procedure provided in s. 166.041 authorizing additional uses of the surtax
proceeds and interest. Such municipality may expend the surtax proceeds and interest for any
public purpose authorized in the amendment.
3. Those counties designated as an area of critical state concern which qualify to use the
surtax for any public purpose may use only up to 10 percent of the surtax proceeds for any public
purpose other than for infrastructure purposes authorized by this section. A county that was
designated as an area of critical state concern for at least 20 consecutive years prior to removal of
the designation, and that qualified to use the surtax for any public purpose at the time of the
removal of the designation, may continue to use up to 10 percent of the surtax proceeds for any
public purpose other than for infrastructure purposes for 20 years following removal of the
designation, notwithstanding subparagraph (a)2. After expiration of the 20-year period, a county
may continue to use up to 10 percent of the surtax proceeds for any public purpose other than for
infrastructure if the county adopts an ordinance providing for such continued use of the surtax
proceeds.
(g) Notwithstanding paragraph (d), a county having a population greater than 75,000 in
which the taxable value of real property is less than 60 percent of the just value of real property
for ad valorem tax purposes for the tax year in which an infrastructure surtax referendum is
placed before the voters, and the municipalities within such a county, may use the proceeds and
interest of the surtax for operation and maintenance of parks and recreation programs and
facilities established with the proceeds of the surtax throughout the duration of the surtax levy or
while interest earnings accruing from the proceeds of the surtax are available for such use,
whichever period is longer.
(h) Notwithstanding any other provision of this section, a county shall not levy local option
sales surtaxes authorized in this subsection and subsections (3), (4), and (5) in excess of a
combined rate of 1 percent.
8.A.2.c
Packet Pg. 57 Attachment: Infrastructure Surtax Statute (11388 : Validate Expenditures for Airport Road - Widening from Vanderbilt to Immokalee)
ORDINANCE NO.2019- 4 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2018-21,
IN ORDER TO CLARIFY THE TERMS OF MEMBERSHIP OF THE
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE.
WHEREAS, on April 24, 2018, the Board of County Commissioners (Board) adopted
Ordinance No. 2018-21, which imposed a one percent local government infrastructure surtax,
which was approved by County voters by referendum election on November 6, 2018; and
WHEREAS, Section Seven of Ordinance No.2018-21 provided for citizen oversight of the
expenditure of surtax proceeds by formation of an ad hoc committee known as the Infrastructure
Surtax Citizen Oversight Committee(Committee), comprised of seven members; and
WHEREAS, on January 8, 2019, the Board appointed the initial membership of the
Committee by Resolution No. 2019-12, and at that time the Board expressed a desire to appoint
two alternate members to the Committee, in addition to the seven voting members described in
Ordinance No. 2018-21; and
WHEREAS,the Board wishes to amend Ordinance No. 2018-21 to clarify the terms of the
alternate members.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2018-21.
Section Seven,Infrastructure Surtax Citizen Oversight Committee,of Ordinance No.2018-
21 is hereby amended as follows:
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
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 and two
2) alternate 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,
Words Underlined are added;Words Stfuele-Thcough are deleted.
Page 1 of 4
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Packet Pg. 58 Attachment: Ordinance 2019-46 (11388 : Validate Expenditures for Airport Road - Widening from Vanderbilt to Immokalee)
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 and for the alternate seats 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.
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
Words Underlined are added; Words StFuek—Thfeugh are deleted.
Page 2 of 4
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Packet Pg. 59 Attachment: Ordinance 2019-46 (11388 : Validate Expenditures for Airport Road - Widening from Vanderbilt to Immokalee)
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. An
alternate member shall vote only in the absence, disqualification or abstention of a regular
Committee member. 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.
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.
Words Underlined are added; Words Struck Through are deleted.
Page 3 of 4
8.A.2.d
Packet Pg. 60 Attachment: Ordinance 2019-46 (11388 : Validate Expenditures for Airport Road - Widening from Vanderbilt to Immokalee)
SECTION TWO: 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 THREE: 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this \oc\--k day of x1 Ixr" , 2019.
ATTESTSBOARD OF COUNTY COMMISSIONERS
CRYST: J0. 101447 ,Clerk COLLIER CO41 ORIDA
By: dr- a":414,. as_kii By:
61) Air
t ,,r =r
eir Clerk Wi am L. McDaniel, Jr., Chairman
A .
sign-are only.3 $.
Appro .d . r i form and legality:
4101 This ordinance filed with the
7014
Jeffrey . atzkow, County Attorneyr
ry of 'rate's ff ce the
lyof
and
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8.A.2.d
Packet Pg. 61 Attachment: Ordinance 2019-46 (11388 : Validate Expenditures for Airport Road - Widening from Vanderbilt to Immokalee)
111 „,,,
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 13, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-46, which was filed in this office on December 13,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
8.A.2.d
Packet Pg. 62 Attachment: Ordinance 2019-46 (11388 : Validate Expenditures for Airport Road - Widening from Vanderbilt to Immokalee)
02/05/2020
EXECUTIVE SUMMARY
To validate the proposed expenditures for the design and installation of permanent generators
associated with North Collier Regional Park and Immokalee Sports Complex 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,
Project Number 50393.
OBJECTIVE: To validate the proposed expenditures for the design and installation of generators
associated with North Collier Regional Park and Immokalee Sports Complex.
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 and Capital
Replacements, and Community Priorities. The design and installation of new generators at th e North
Collier Regional Park and the Immokalee sports Complex are included within the Facilities and Capital
Replacement category. The design and installation of permanent generators associated with North Collier
Regional Park and Immokalee Sports Complex fulfills the definition of infrastructure as outlines 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.”
Specifically, the addition of permanent generators at North Collier Regional Park, Exhibit Hall, Rec Plex,
and Administration building and at Immokalee Sports Complex Fitness/Gymnasium will provide for
future shelters for those in need.
The Division would seek to purchase and install at North Collier Regional Park a 500KW generator for
the Exhibit Hall; a 300KW generator for the Administration building; and a 1500KW generator for the
Rec Plex. At Immokalee Sports Complex a 400KW and 200KW generator would be installed to support
the gymnasium and fitness area that is converted to provide shelter post-hurricane. Run times for these
generators are typically 24-48 hours with refueling needed for continuous operation. Selection and
procurement of the respective generators would be made consistent with local, state, and federal
guidelines.
As mentioned above, North Collier Regional Park Rec Plex would be used for a Red Cross approved
shelter during times of need and would allow for School District shelter locations to be emptied after a
storm. During hurricane Irma, the gym was used in this fashion and served as a Red Cross shelter for
approximately 60 days after the storm. This provided a shelter for those in need, while the School District
was able to reestablish itself and resume offering classes to students. In addition, the Fitness
Center/Gymnasium complex at Immokalee Sports Complex was used during Irma in a similar fashion and
would also be available for future events.
The Exhibit Hall at North Collier Regional Park would serve those with special needs after a hurricane
8.B.1
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02/05/2020
and allow for the special needs support provided by the School District to transfer those residents to this
shelter after a storm. Finally, the Administrative section at North Collier Regional Park would serve law
enforcement for a forward area of support of the community during times of need.
During Hurricane Irma these facilities were tasked with these types of operations and power was supplied
with temporary generators that were undersized and didn’t produce the KW needed to adequately
maintain the facilities during these times of need. The installation of these permanent generators will
position the facilities for readiness prior to need, provide the necessary power to provide for needed
utilities in case of power loss both during and after storm events, and avoid the time consuming tasks
associated with staging and preparing the sites with generator power prior to storm events. The readiness
provided will save opportunity costs that will allow support for other storm readiness activities required
within the parks’ system.
The State/Federally funded HGMP program provides funds for these types of upgrades and funding is
sought to pay for the match associated with these two grants, which have been approved by the State of
Florida.
FISCAL IMPACT: Exhibit A identified up to $15M for the Hurricane Resilience projects, the
conservative estimate to cover the 25% grant match for the North Collier Regional Park and Immokalee
Sports Complex generators is $570,000. All opportunities will be reviewed toward value engineering.
HGMP Portion Match required-Surtax request Total Costs
North Collier
Regional Park
Generators
$1,275,000 $425,000 $1,700,000
Immokalee Sports
Complex
Generators
$435,000 $145,000 $580,000
Total $1,710,000 $570,000 $2,280,000
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office.
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.
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
8.B.1
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02/05/2020
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended
by the school district, within the county and municipalities within the county, or, in the case of a
negotiated joint county agreement, within another county, to finance, plan, and construct infrastructure; to
acquire any interest in land for public recreation, conservation, or protection of natural resources or to
prevent or satisfy private property rights claims resulting from limitations imposed by the designation of
an area of critical state concern; to provide loans, grants, or rebates to residential or commercial property
owners who make energy efficiency improvements to their residential or commercial property, if a local
government ordinance authorizing such use is approved by referendum; or to finance the closure of
county-owned or municipally owned solid waste landfills that have been closed or are required to be
closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used
for the operational expenses of infrastructure, except that a county that has a population of fewer than
75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance
costs associated with landfill closure. Counties, as defined in s. 125.011
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, and charter counties may, in addition, use the proceeds or interest
to retire or service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes,
and for bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years, any
related land acquisition, land improvement, design, and engineering costs, and all other professional and
related costs required to bring the public facilities into service. For purposes of this sub-subparagraph, the
term “public facilities” means facilities as defined in s. 163.3164
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office buildings,
and animal shelters, regardless of whether the facilities are owned by the local taxing authority or another
governmental entity.
A copy of the entire statute is included as back-up to this item.
The County Attorney’s Office 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 satisfy the
requirements of both the Ordinance and the Statute will be brought to the Committee. The County
Attorney’s Office 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.” - CMG
Prepared by: Barry Williams, Division Director, Parks and Recreation
8.B.1
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ATTACHMENT(S)
1. North Collier Regional Park and Immokalee Sports Complex Generators - PowerPoint (PPTX)
2. North Collier Regional Park and Immokalee Sports Complex Generators - Checklist (PDF)
3. Infrastructure Surtax Statute (PDF)
4. Ordinance 2019-46 (PDF)
8.B.1
Packet Pg. 66
02/05/2020
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.1
Doc ID: 11385
Item Summary: To validate the proposed expenditures for the design and installation of
permanent generators associated with North Collier Regional Park and Immokalee Sports Complex 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, Project Number 50393.
Meeting Date: 02/05/2020
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
01/17/2020 12:56 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/17/2020 12:56 PM
Approved By:
Review:
Parks & Recreation Barry Williams Additional Reviewer Completed 01/27/2020 4:46 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 01/27/2020 6:17 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 01/27/2020 8:01 PM
Public Services Department Steve Carnell Additional Reviewer Completed 01/28/2020 8:00 AM
County Manager's Office Heather Yilmaz Additional Reviewer Completed 01/28/2020 6:01 PM
CMO Heather Yilmaz Review Item Completed 01/30/2020 4:28 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/05/2020 8:30 AM
8.B.1
Packet Pg. 67
Prepared By: Barry Williams,Director
Validation of Expenditures for
Generator Project at North Collier Regional Park
and Immokalee Sports Complex
Project # 50393
1 Generator Project NCRP and IMSC Parks and Recreation
8.B.1.a
Packet Pg. 68 Attachment: North Collier Regional Park and Immokalee Sports Complex Generators - PowerPoint (11385
Project History
Ø During Irma, North Collier Regional Park and Immokalee Sports Complex were
used as a step down from shelters operated by the School District.
Ø North Collier Regional Park, Exhibit Hall was a Red Cross shelter for
approximately 60 days.
Ø North Collier Regional Park, Exhibit Hall served as a dog friendly shelter for
those in need.
Ø Administrative offices were used by park staff to shelter in place.
Ø During Hurricane Irma these facilities were tasked with these types of
operations and power was supplied with temporary generators that were
undersized and didn’t produce the KW needed to adequately maintain the
facilities.
2Parks and Recreation Generator Project NCRP and IMSC
8.B.1.a
Packet Pg. 69 Attachment: North Collier Regional Park and Immokalee Sports Complex Generators - PowerPoint (11385
Project History
Ø The installation of these permanent generators will:
Ø position the facilities for readiness prior to need,
Ø provide the necessary power to provide for needed utilities in case of power
loss both during and after storm events, and
Ø avoid the time consuming tasks associated with staging and preparing the
sites with generator power prior to storm events.
Ø The readiness provided will save opportunity costs that will allow support for
other storm readiness activities required within the parks’ system.
Ø The State/Federally funded HGMP program provides funds for these types of
upgrades
Ø funding is sought to pay for the match associated with these two grants, which
have been approved by the State of Florida.
3Parks and Recreation Generator Project NCRP and IMSC
8.B.1.a
Packet Pg. 70 Attachment: North Collier Regional Park and Immokalee Sports Complex Generators - PowerPoint (11385
Project Site Locations
4Parks and Recreation Generator Project NCRP and IMSC
8.B.1.a
Packet Pg. 71 Attachment: North Collier Regional Park and Immokalee Sports Complex Generators - PowerPoint (11385
Project Details:Aerial of Generator Locations
at North Collier Regional Park and Immokalee
Sports Complex
5Parks & Recreation Generator Project NCRP and IMSC
Immokalee Sports Complex Map North Collier Regional Park Building Layout
8.B.1.a
Packet Pg. 72 Attachment: North Collier Regional Park and Immokalee Sports Complex Generators - PowerPoint (11385
Project Objectives
6
Ø Provide stand alone generator system for North Collier Regional Park and
Immokalee Sports Complex.
Ø Generators will be used to power facilities in case of emergency.
Ø Fa cilities will be used for step down sheltering post hurricane or other natural
disasters.
Ø The Division would seek to purchase and install at North Collier Regional Park a
500KW generator for the Exhibit Hall; a 300KW generator for the Administration
building; and a 1500KW generator for the Rec Plex.
Ø At Immokalee Sports Complex a 400KW and 200KW generator would be installed to
support the gymnasium and fitness area that is converted to provide shelter post-
hurricane.
Ø Selection and procurement of the respective generators would be made consistent
with local, state, and federal guidelines.
Parks & Recreation Generator Project NCRP and IMSC
8.B.1.a
Packet Pg. 73 Attachment: North Collier Regional Park and Immokalee Sports Complex Generators - PowerPoint (11385
Project Summary / Financials
•7-Ye ar Sales Tax in Sub-Category: Hurricane Resilience
•To tal Projects: $15M
•Project Estimate:
•Estimated Cost for the design, permitting, and installation of the following:
(3) generators at North Collier Regional Park: $1,700,000
(2) generators at Immokalee Sports Complex:$580,000
To tal Costs:$2,280,000
Less Hazard Mitigation Grant Program Funds (75% of Total):$1,710,000
To tal required from Sales Surtax Revenue (25% grant match):$570,000
7Parks and Recreation Generator Project NCRP and IMSC
8.B.1.a
Packet Pg. 74 Attachment: North Collier Regional Park and Immokalee Sports Complex Generators - PowerPoint (11385
Project Summary /Financials
8
Establishment of (3) Permanent Generators at North Collier Regional Park and (2) generators
at Immokalee Sports Complex:
Design $225,000
Permitting $115,000
Installation $1,940,000
TOTAL:$2,280,000*
*only $570,000 of surtax funding required for 25% grant match
Parks and Recreation Generator Project NCRP and IMSC
8.B.1.a
Packet Pg. 75 Attachment: North Collier Regional Park and Immokalee Sports Complex Generators - PowerPoint (11385
9
2020 2021 2022
ACTIVITY START FINISH Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Design &Construction Administration Aug-20 Oct-20
Procurement &Award Nov -21 Mar-21
Installation Apr-21 Jul-21
Parks and Recreation Generator Project NCRP and IMSC
Project Schedule/Stat us
8.B.1.a
Packet Pg. 76 Attachment: North Collier Regional Park and Immokalee Sports Complex Generators - PowerPoint (11385
Fiscal Impact
10Parks and Recreation Generator Project NCRP and IMSC
8.B.1.a
Packet Pg. 77 Attachment: North Collier Regional Park and Immokalee Sports Complex Generators - PowerPoint (11385
Project Funding
11Parks and Recreation
$15M
$5M
$570K
$0
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
7-Year Sales Tax Validated Total Estimated Cost NRL
Generator Project NCRP and IMSC
8.B.1.a
Packet Pg. 78 Attachment: North Collier Regional Park and Immokalee Sports Complex Generators - PowerPoint (11385
Recommendation
To validate the expenditures for the design,permitting,and
installation of generators at North Collier Regional Park and
Immokalee Sports Complex 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.
12Parks and Recreation Generator Project NCRP and IMSC
8.B.1.a
Packet Pg. 79 Attachment: North Collier Regional Park and Immokalee Sports Complex Generators - PowerPoint (11385
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 , 2020.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.1.b
Packet Pg. 80 Attachment: North Collier Regional Park and Immokalee Sports Complex Generators - Checklist (11385 : Validate Expenditures for North Collier
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. 81 Attachment: Infrastructure Surtax Statute (11385 : Validate Expenditures for North Collier Regional Park and Immokalee Sports Complex
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. 82 Attachment: Infrastructure Surtax Statute (11385 : Validate Expenditures for North Collier Regional Park and Immokalee Sports Complex
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. 83 Attachment: Infrastructure Surtax Statute (11385 : Validate Expenditures for North Collier Regional Park and Immokalee Sports Complex
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. 84 Attachment: Infrastructure Surtax Statute (11385 : Validate Expenditures for North Collier Regional Park and Immokalee Sports Complex
ORDINANCE NO.2019- 4 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2018-21,
IN ORDER TO CLARIFY THE TERMS OF MEMBERSHIP OF THE
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE.
WHEREAS, on April 24, 2018, the Board of County Commissioners (Board) adopted
Ordinance No. 2018-21, which imposed a one percent local government infrastructure surtax,
which was approved by County voters by referendum election on November 6, 2018; and
WHEREAS, Section Seven of Ordinance No.2018-21 provided for citizen oversight of the
expenditure of surtax proceeds by formation of an ad hoc committee known as the Infrastructure
Surtax Citizen Oversight Committee(Committee), comprised of seven members; and
WHEREAS, on January 8, 2019, the Board appointed the initial membership of the
Committee by Resolution No. 2019-12, and at that time the Board expressed a desire to appoint
two alternate members to the Committee, in addition to the seven voting members described in
Ordinance No. 2018-21; and
WHEREAS,the Board wishes to amend Ordinance No. 2018-21 to clarify the terms of the
alternate members.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2018-21.
Section Seven,Infrastructure Surtax Citizen Oversight Committee,of Ordinance No.2018-
21 is hereby amended as follows:
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
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 and two
2) alternate 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,
Words Underlined are added;Words Stfuele-Thcough are deleted.
Page 1 of 4
8.B.1.d
Packet Pg. 85 Attachment: Ordinance 2019-46 (11385 : Validate Expenditures for North Collier Regional Park and Immokalee Sports Complex Generators)
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 and for the alternate seats 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.
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
Words Underlined are added; Words StFuek—Thfeugh are deleted.
Page 2 of 4
8.B.1.d
Packet Pg. 86 Attachment: Ordinance 2019-46 (11385 : Validate Expenditures for North Collier Regional Park and Immokalee Sports Complex Generators)
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. An
alternate member shall vote only in the absence, disqualification or abstention of a regular
Committee member. 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.
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.
Words Underlined are added; Words Struck Through are deleted.
Page 3 of 4
8.B.1.d
Packet Pg. 87 Attachment: Ordinance 2019-46 (11385 : Validate Expenditures for North Collier Regional Park and Immokalee Sports Complex Generators)
SECTION TWO: 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 THREE: 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this \oc\--k day of x1 Ixr" , 2019.
ATTESTSBOARD OF COUNTY COMMISSIONERS
CRYST: J0. 101447 ,Clerk COLLIER CO41 ORIDA
By: dr- a":414,. as_kii By:
61) Air
t ,,r =r
eir Clerk Wi am L. McDaniel, Jr., Chairman
A .
sign-are only.3 $.
Appro .d . r i form and legality:
4101 This ordinance filed with the
7014
Jeffrey . atzkow, County Attorneyr
ry of 'rate's ff ce the
lyof
and
acknowledgeme
that
i reci .;
8.B.1.d
Packet Pg. 88 Attachment: Ordinance 2019-46 (11385 : Validate Expenditures for North Collier Regional Park and Immokalee Sports Complex Generators)
111 „,,,
I
a L ...,
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 13, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-46, which was filed in this office on December 13,
2019.
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. 89 Attachment: Ordinance 2019-46 (11385 : Validate Expenditures for North Collier Regional Park and Immokalee Sports Complex Generators)
02/05/2020
EXECUTIVE SUMMARY
To validate the expenditures for the removal and replacement of the existing roofing, flashings and
gutters/leaders at the Museum of the Everglades; 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 removal and replacement of the existing
roofing, flashings and gutters / leaders at the Museum of the Everglades.
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 removal and replacement of the existing roofing, flashings and gutters / leaders at the Museum of the
Everglades 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 Museum of the Everglades (a historical structure) was constructed on October 27th, 1927. The
existing shingle roof has reached the end of its useful life (30 plus years) and the existing flashings are
allowing water to infiltrate into the Museum causing the wood roof decking to decay. These issues have
been progressively getting worse over the years and preceded hurricane Irma, which caused minimal
additional damage to the roof. In order to restore the watertight integrity of the building all the roofing
and flashings need to be replaced. The new roofing will be compliant with Collier County vertical
standards and the current Florida Building Code.
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.
Permitting and
Inspections
Construction Cost* Total
Project $ 2,500.00 $81,450.00 $83,950.00
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office.
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
8.B.2
Packet Pg. 90
02/05/2020
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.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by
the school district, within the county and municipalities within the county, or, in the case of a negotiated
joint county agreement, within another county, to finance, plan, and construct infrastructure; to acquire
any interest in land for public recreation, conservation, or protection of natural resources or to prevent or
satisfy private property rights claims resulting from limitations imposed by the designation of an area of
critical state concern; to provide loans, grants, or rebates to residential or commercial property owners
who make energy efficiency improvements to their residential or commercial property, if a local
government ordinance authorizing such use is approved by referendum; or to finance the closure of
county-owned or municipally owned solid waste landfills that have been closed or are required to be
closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used
for the operational expenses of infrastructure, except that a county that has a population of fewer than
75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance
costs associated with landfill closure. Counties, as defined in s. 125.011
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, and charter counties may, in addition, use the proceeds or interest
to retire or service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes,
and for bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction,
or improvement of public facilities that have a life expectancy of 5 or more years, any related land
acquisition, land improvement, design, and engineering costs, and all other professional and related costs
required to bring the public facilities into service. For purposes of this sub-subparagraph, the term “public
facilities” means facilities as defined in s. 163.3164
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office buildings,
and animal shelters, regardless of whether the facilities are owned by the local taxing authority or another
governmental entity.
A copy of the entire statute is included as back-up to this item.
8.B.2
Packet Pg. 91
02/05/2020
The County Attorney’s Office 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 satisfy the
requirements of both the Ordinance and the Statute will be brought to the Committee. The County
Attorney’s Office 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.” - CMG
Prepared by: John McCormick, P.E., Principal Project Manager, Facilities Management
ATTACHMENT(S)
1. Everglades Museum Roof - PowerPoint (PPTX)
2. Everglades Museum Roof - Checklist (PDF)
3. Infrastructure Surtax Statute (PDF)
4. Ordinance 2019-46 (PDF)
8.B.2
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02/05/2020
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.2
Doc ID: 11408
Item Summary: To validate the expenditures for the removal and replacement of the existing
roofing, flashings and gutters / leaders at the Museum of the Everglades; 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: 02/05/2020
Prepared by:
Title: – Facilities Management
Name: Elizabeth Torres
01/21/2020 2:36 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
01/21/2020 2:36 PM
Approved By:
Review:
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 01/22/2020 10:44 AM
Facilities Management Damon Grant Director - Facilities Completed 01/23/2020 9:08 AM
Facilities Management Michael Cox Review Item Skipped 01/29/2020 3:04 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 01/29/2020 3:04 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 01/30/2020 1:46 PM
County Manager's Office Heather Yilmaz Review Item Completed 01/30/2020 4:01 PM
CMO Heather Yilmaz Review Item Completed 01/30/2020 4:26 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/05/2020 8:30 AM
8.B.2
Packet Pg. 93
Prepared By: John McCormick P.E., Principal Project Manager
Museum of the Everglades Roof
Project # 50187.1
Museum of the Everglades RoofPublic Utilities Department 1
8.B.2.a
Packet Pg. 94 Attachment: Everglades Museum Roof - PowerPoint (11408 : Validate Expenditures for Everglades
Project History
Ø The Museum of the Everglades (a historical structure) was constructed on October
27th, 1927.
Ø The existing shingle roof has reached the end of its useful life (30 plus years) and the
existing flashings are allowing water to infiltrate into the Museum causing the wood
roof decking to decay. These issues have been progressively getting worse over the
years and preceded hurricane Irma, which caused minimal additional damage to the
roof.
Ø In order to restore the watertight integrity of the building all the roofing and flashings
need to be replaced.
Ø The new roofing will be compliant with Collier County vertical standards and the
current Florida Building Code.
Public Utilities Department 2 Museum of the Everglades Roof
8.B.2.a
Packet Pg. 95 Attachment: Everglades Museum Roof - PowerPoint (11408 : Validate Expenditures for Everglades
Project Site Location
Public Utilities Department 3 Museum of the Everglades Roof
8.B.2.a
Packet Pg. 96 Attachment: Everglades Museum Roof - PowerPoint (11408 : Validate Expenditures for Everglades
Project Site Location
4Public Utilities Department Museum of the Everglades Roof
8.B.2.a
Packet Pg. 97 Attachment: Everglades Museum Roof - PowerPoint (11408 : Validate Expenditures for Everglades
Project Details
5Public Utilities Department Museum of the Everglades Roof
Front Elevation Existing Roof
8.B.2.a
Packet Pg. 98 Attachment: Everglades Museum Roof - PowerPoint (11408 : Validate Expenditures for Everglades
Project Summary / Financials
Ø 7-Year Sales Tax in Subcategory 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 $39.0M for HVAC,
Roofing and Capital Equipment Replacements at Sheriff’s & County Facilities sub-
category in Exhibit A.
6Public Utilities Department Museum of the Everglades Roof
8.B.2.a
Packet Pg. 99 Attachment: Everglades Museum Roof - PowerPoint (11408 : Validate Expenditures for Everglades
Project Summary /Financials
7
Museum of the Everglades Roof Replacement:
Permitting and Inspections $ 2,500.00
Construction: $ 81,450.00
TOTAL $ 83,950.00
Public Utilities Department Museum of the Everglades Roof
8.B.2.a
Packet Pg. 100 Attachment: Everglades Museum Roof - PowerPoint (11408 : Validate Expenditures for Everglades
Project Schedule /Status
8Public Utilities Department Museum of the Everglades Roof
DESCRIPTION START DA TE COMPLETION DATE Q1 Q2 Q3 Q4
PO / N TP 3/1/2020 3/1/2020
Permi tti ng 3/1/2020 3/22/2020
Constructi on /Submi ttal s 3/23/2020 5/1/2020
Muse um of the Eve rgl ae de s Roof Re pl ace me nt
2020
8.B.2.a
Packet Pg. 101 Attachment: Everglades Museum Roof - PowerPoint (11408 : Validate Expenditures for Everglades
Fiscal Impact
9Public Utilities Department Museum of the Everglades Roof
8.B.2.a
Packet Pg. 102 Attachment: Everglades Museum Roof - PowerPoint (11408 : Validate Expenditures for Everglades
Project Funding Estimate
10Public Utilities Department Museum of the Everglades Roof
$39
$11.32
$0.83
$0
$5
$10
$15
$20
$25
$30
$35
$40
$45
7-Year Sales Tax Validated Total Estimated Cost
Museum of the Everglades Roof Replacement
8.B.2.a
Packet Pg. 103 Attachment: Everglades Museum Roof - PowerPoint (11408 : Validate Expenditures for Everglades
Recommendation
Ø To validate the expenditures for the removal and replacement of the existing roofing,
flashings and gutters / leaders at the Museum of the Everglades; 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.
11Public Utilities Department Museum of the Everglades Roof
8.B.2.a
Packet Pg. 104 Attachment: Everglades Museum Roof - PowerPoint (11408 : Validate Expenditures for Everglades
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 , 2020.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.2.b
Packet Pg. 105 Attachment: Everglades Museum Roof - Checklist (11408 : Validate Expenditures for Everglades Museum Roof)
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. 106 Attachment: Infrastructure Surtax Statute (11408 : Validate Expenditures for Everglades Museum Roof)
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. 107 Attachment: Infrastructure Surtax Statute (11408 : Validate Expenditures for Everglades Museum Roof)
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. 108 Attachment: Infrastructure Surtax Statute (11408 : Validate Expenditures for Everglades Museum Roof)
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. 109 Attachment: Infrastructure Surtax Statute (11408 : Validate Expenditures for Everglades Museum Roof)
ORDINANCE NO.2019- 4 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2018-21,
IN ORDER TO CLARIFY THE TERMS OF MEMBERSHIP OF THE
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE.
WHEREAS, on April 24, 2018, the Board of County Commissioners (Board) adopted
Ordinance No. 2018-21, which imposed a one percent local government infrastructure surtax,
which was approved by County voters by referendum election on November 6, 2018; and
WHEREAS, Section Seven of Ordinance No.2018-21 provided for citizen oversight of the
expenditure of surtax proceeds by formation of an ad hoc committee known as the Infrastructure
Surtax Citizen Oversight Committee(Committee), comprised of seven members; and
WHEREAS, on January 8, 2019, the Board appointed the initial membership of the
Committee by Resolution No. 2019-12, and at that time the Board expressed a desire to appoint
two alternate members to the Committee, in addition to the seven voting members described in
Ordinance No. 2018-21; and
WHEREAS,the Board wishes to amend Ordinance No. 2018-21 to clarify the terms of the
alternate members.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2018-21.
Section Seven,Infrastructure Surtax Citizen Oversight Committee,of Ordinance No.2018-
21 is hereby amended as follows:
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
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 and two
2) alternate 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,
Words Underlined are added;Words Stfuele-Thcough are deleted.
Page 1 of 4
8.B.2.d
Packet Pg. 110 Attachment: Ordinance 2019-46 (11408 : Validate Expenditures for Everglades Museum Roof)
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 and for the alternate seats 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.
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
Words Underlined are added; Words StFuek—Thfeugh are deleted.
Page 2 of 4
8.B.2.d
Packet Pg. 111 Attachment: Ordinance 2019-46 (11408 : Validate Expenditures for Everglades Museum Roof)
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. An
alternate member shall vote only in the absence, disqualification or abstention of a regular
Committee member. 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.
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.
Words Underlined are added; Words Struck Through are deleted.
Page 3 of 4
8.B.2.d
Packet Pg. 112 Attachment: Ordinance 2019-46 (11408 : Validate Expenditures for Everglades Museum Roof)
SECTION TWO: 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 THREE: 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this \oc\--k day of x1 Ixr" , 2019.
ATTESTSBOARD OF COUNTY COMMISSIONERS
CRYST: J0. 101447 ,Clerk COLLIER CO41 ORIDA
By: dr- a":414,. as_kii By:
61) Air
t ,,r =r
eir Clerk Wi am L. McDaniel, Jr., Chairman
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sign-are only.3 $.
Appro .d . r i form and legality:
4101 This ordinance filed with the
7014
Jeffrey . atzkow, County Attorneyr
ry of 'rate's ff ce the
lyof
and
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8.B.2.d
Packet Pg. 113 Attachment: Ordinance 2019-46 (11408 : Validate Expenditures for Everglades Museum Roof)
111 „,,,
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 13, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-46, which was filed in this office on December 13,
2019.
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. 114 Attachment: Ordinance 2019-46 (11408 : Validate Expenditures for Everglades Museum Roof)
02/05/2020
EXECUTIVE SUMMARY
To validate the expenditures for the removal and replacement of two roof mounted Outside Air
Units and the installation of a new Direct Digital Control (DDC) system integrated with the Collier
County Reliable Energy Dashboard capable of monitoring all Air Handling Units (AHU’s) at the
Vineyards Community Center; 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 removal and replacement of two roof
mounted Outside Air units and the installation of a new DDC system integrated with the Collier County
Reliable Energy Dashboard capable of monitoring all AHU’s at the Vineyards Community Center.
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 replacement of two roof mounted Outside Air units and the instal lation of
a new direct digital control (DDC) system project is requesting funding under the Facilities and Capital
Replacement category under HVAC, Reroofing and Capital Equipment Replacements at Sheriff’s &
County Facilities.
The Vineyards Community Center Outside Air Systems project fulfills the definition of infrastructure as
outlined in F.S. 212.055, which defines Infrastructure as:
“Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years,
any related land acquisition, land improvement, design, and engineering costs, and all other
professional and related costs required to bring the public facilities into service.”
The Vineyards Community Center was constructed in 1993 and provides a variety of activities and
programs, particularly the youth and elderly of the community. Two Outside Air units (Installed in 2005)
have failed, and the existing HVAC system is unmonitored for indoor air quality with antiquated controls.
Numerous complaints and issues in dealing with temperature and Indoor air quality have been increasing
steadily over the years. The existing equipment and controls are not capable of providing the required
performance.
The proposed new design will provide fresh outdoor air systems along with indoor air quality sensors to
supplement the existing air conditioning needed for a comfortable and healthy environment.
The new Outside Air Units and direct digital control (DDC) system will be designed in compliance with
the Florida Building Code, the Collier County Vertical Standards, and integrated with the existing HVAC
units with new controllers and indoor air quality (IAQ) sensors (Demand Ventilation).
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 / Build
Project $ 300,000
8.B.3
Packet Pg. 115
02/05/2020
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office.
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.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by
the school district, within the county and municipalities within the county, or, in the case of a negotiated
joint county agreement, within another county, to finance, plan, and construct infrastructure; to acquire
any interest in land for public recreation, conservation, or protection of natural resources or to prevent or
satisfy private property rights claims resulting from limitations imposed by the designation of an area of
critical state concern; to provide loans, grants, or rebates to residential or commercial property owners
who make energy efficiency improvements to their residential or commercial property, if a local
government ordinance authorizing such use is approved by referendum; or to finance the closure of
county-owned or municipally owned solid waste landfills that have been closed or are required to be
closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used
for the operational expenses of infrastructure, except that a county that has a population of fewer than
75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance
costs associated with landfill closure. Counties, as defined in s. 125.011
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, and charter counties may, in addition, use the proceeds or interest
to retire or service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes,
and for bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction,
or improvement of public facilities that have a life expectancy of 5 or more years, any related land
acquisition, land improvement, design, and engineering costs, and all other professional and related costs
required to bring the public facilities into service. For purposes of this sub-subparagraph, the term “public
facilities” means facilities as defined in s. 163.3164
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
8.B.3
Packet Pg. 116
02/05/2020
-0199/0163/Sections/0163.3221.html>(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.
A copy of the entire statute is included as back-up to this item.
The County Attorney’s Office 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 satisfy the
requirements of both the Ordinance and the Statute will be brought to the Committee. The County
Attorney’s Office 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.” - CMG
Prepared by: John McCormick P.E., Principal Project Manager, Facilities Management
ATTACHMENT(S)
1. Vineyards CC Outside Air Systems - PowerPoint R (PPTX)
2. Vineyards CC Outside Air Systems - Checklist (PDF)
3. Infrastructure Surtax Statute (PDF)
4. Ordinance 2019-46 (PDF)
8.B.3
Packet Pg. 117
02/05/2020
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.3
Doc ID: 11409
Item Summary: To validate the expenditures for the removal and replacement of two roof
mounted Outside Air Units and the installation of a new Direct Digital Control (DDC) system integrated
with the Collier County Reliable Energy Dashboard capable of monitoring all Air Handling Units
(AHU’s) at the Vineyards Community Center; 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: 02/05/2020
Prepared by:
Title: – Facilities Management
Name: Elizabeth Torres
01/21/2020 2:49 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
01/21/2020 2:49 PM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 01/23/2020 9:09 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 01/23/2020 4:35 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 01/27/2020 8:11 PM
Facilities Management Michael Cox Review Item Skipped 01/30/2020 9:03 AM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 01/30/2020 1:42 PM
County Manager's Office Heather Yilmaz Review Item Completed 01/30/2020 4:02 PM
CMO Heather Yilmaz Review Item Completed 01/30/2020 4:59 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/05/2020 8:30 AM
8.B.3
Packet Pg. 118
Prepared By: John McCormick P.E., Principal Project Manager
Validation of Expenditures for the Replacement
of the Vineyards Community Center Outside Air Systems
Project # 50190.1
Vi neyards Community Center Outside Air SystemsPublic Utilities Department 1
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Project History
Ø The Vineyards Community Center was constructed in 1993 and provides a variety of
activities and programs, particularly the youth and elderly of the community. Two
Outside Air units (Installed in 2005) have failed,and the existing HVAC system is
unmonitored for indoor air quality with antiquated controls.
Ø Numerous complaints and issues in dealing with temperature and Indoor air quality
have been increasing steadily over the years. The existing equipment and controls are
not capable of providing the required performance.
Ø The proposed new design will provide fresh outdoor air systems along with indoor air
quality sensors to supplement the existing air conditioning needed for a comfortable
and healthy environment.
Ø The new Outside Air Units and direct digital control (DDC) system will be designed in
compliance with the Florida Building Code,the Collier County Vertical Standards, and
integrated with the existing HVAC units with new controllers and indoor air quality (IAQ)
sensors (Demand Ventilation).
Public Utilities Department Vineyards Community Center Outside Air Systems2
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Project Site Location
Vi neyards Community Center Outside Air Systems
Vi neyards Community Center Outside Air Systems3Public Utilities Department
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Project Site Location
Public Utilities Department 4
Vi neyards Community Center Outside Air Systems
Vi neyards Community Center Outside Air Systems
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Project Site Details
Inoperable Outside Air Unit (1 of 2)
Vi neyards Community Center Outside Air SystemsPublic Utilities Department 5
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Project Site Details
6Public Utilities Department Vineyards Community Center Outside Air Systems
Air Handling Unit
Thermostat
Indoor
Elevations
and
Occupied
Spaces
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Project Summary / Financials
Ø 7-Year Sales Tax in Subcategory 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 $39.0M for
HVAC,Roofing and Capital Equipment Replacements at Sheriff’s & County
Facilities sub-category in Exhibit A.
7Public Utilities Department Vineyards Community Center Outside Air Systems
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Project Summary /Financials
8
Vineyards Community Center Outside Air Systems:
Design / Build: $ 300,000 (estimate)
Public Utilities Department Vineyards Community Center Outside Air Systems
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Project Schedule /Status
9Public Utilities Department Vineyards Community Center Outside Air Systems
DESCRIPTION START DATE COMPLETION DATE Q1 Q2 Q3 Q4
Procurement 1/9/2020 3/31/2020
Constru ctio n 4/1/2020 6/1/2020
Vineyard s C ommunity Center Ou tside Air S ystem s
2020
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Fiscal Impact
10Public Utilities Department Vi neyards Community Center Outside Air Systems
8.B.3.a
Packet Pg. 128 Attachment: Vineyards CC Outside Air Systems - PowerPoint R (11409 : Validate Expenditures for
Funding Estimate
11Public Utilities Department Vineyards Community Center Outside Air Systems
$39
$11.32
$0.30
$0
$5
$10
$15
$20
$25
$30
$35
$40
$45
7-Year Sales Tax Validated Total Estimated Cost
Vineyards Community Center Outside Air Systems
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Recommendation
ØTo validate the expenditures for the removal and replacement of two roof mounted
Outside Air Units and the installation of a new Direct Digital Control (DDC) system
integrated with the Collier County Reliable Energy Dashboard capable of monitoring all
Air Handling Units (AHU’s) at the Vineyards Community Center; to ensure that this project
meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is
an eligible project in line with County Ordinance 2018-21 and the ballot language within;
to make a finding that the project expenditures are a valid use of Infrastructure Sales
Surtax Funding.
12Public Utilities Department Vineyards Community Center Outside Air Systems
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Project Project #
Infrastructure Surtax Citizens Oversite Committee Project Checklist
Project(s) in line with F.S. 212.055
Expenditure related to infrastructure as follows:
Construction
Improvement of public facilities
Land acquisition
Land improvement
Design
Engineering costs
Professional & related costs to bring facility into service (CEI, Material Testing, Specialty
Consultants)
EMS vehicles associated with 3 new substations
Court-related expenditures for the construction, lease or maintenance of the Court-related
facilities including utilities and security infrastructure
Life expectancy of at least 5 years
Land Acquisition expenditure for Residential housing project where at least 30% of units are
affordable to individuals whose total annual household income does not exceed 120% of area
median income.
Project(s) in line with County Ordinance 2018-21
Project(s) identified in Exhibit A within County Ordinance 2018-21
Project(s) in line with Ballot Language within County Ordinance 2018-21
The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the
project meets the necessary requirements and is
eligible to use Surtax Funding on , 2020.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
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212.055 Discretionary sales surtaxes; legislative intent; authorization and use of
proceeds.—It is the legislative intent that any authorization for imposition of a discretionary
sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective
of the duration of the levy. Each enactment shall specify the types of counties authorized to levy;
the rate or rates which may be imposed; the maximum length of time the surtax may be imposed,
if any; the procedure which must be followed to secure voter approval, if required; the purpose
for which the proceeds may be expended; and such other requirements as the Legislature may
provide. Taxable transactions and administrative procedures shall be as provided in s. 212.054.
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
(a)1. The governing authority in each county may levy a discretionary sales surtax of 0.5
percent or 1 percent. The levy of the surtax shall be pursuant to ordinance enacted by a majority
of the members of the county governing authority and approved by a majority of the electors of
the county voting in a referendum on the surtax. If the governing bodies of the municipalities
representing a majority of the county’s population adopt uniform resolutions establishing the rate
of the surtax and calling for a referendum on the surtax, the levy of the surtax shall be placed on
the ballot and shall take effect if approved by a majority of the electors of the county voting in
the referendum on the surtax.
2. If the surtax was levied pursuant to a referendum held before July 1, 1993, the surtax may
not be levied beyond the time established in the ordinance, or, if the ordinance did not limit the
period of the levy, the surtax may not be levied for more than 15 years. The levy of such surtax
may be extended only by approval of a majority of the electors of the county voting in a
referendum on the surtax.
(b) A statement which includes a brief general description of the projects to be funded by the
surtax and which conforms to the requirements of s. 101.161 shall be placed on the ballot by the
governing authority of any county which enacts an ordinance calling for a referendum on the
levy of the surtax or in which the governing bodies of the municipalities representing a majority
of the county’s population adopt uniform resolutions calling for a referendum on the surtax. The
following question shall be placed on the ballot:
FOR the -cent sales tax
AGAINST the -cent sales tax
(c) Pursuant to s. 212.054(4), the proceeds of the surtax levied under this subsection shall be
distributed to the county and the municipalities within such county in which the surtax was
collected, according to:
1. An interlocal agreement between the county governing authority and the governing bodies
of the municipalities representing a majority of the county’s municipal population, which
agreement may include a school district with the consent of the county governing authority and
the governing bodies of the municipalities representing a majority of the county’s municipal
population; or
2. If there is no interlocal agreement, according to the formula provided in s. 218.62.
Any change in the distribution formula must take effect on the first day of any month that begins
at least 60 days after written notification of that change has been made to the department.
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be
expended by the school district, within the county and municipalities within the county, or, in the
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case of a negotiated joint county agreement, within another county, to finance, plan, and
construct infrastructure; to acquire any interest in land for public recreation, conservation, or
protection of natural resources or to prevent or satisfy private property rights claims resulting
from limitations imposed by the designation of an area of critical state concern; to provide loans,
grants, or rebates to residential or commercial property owners who make energy efficiency
improvements to their residential or commercial property, if a local government ordinance
authorizing such use is approved by referendum; or to finance the closure of county-owned or
municipally owned solid waste landfills that have been closed or are required to be closed by
order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may
not be used for the operational expenses of infrastructure, except that a county that has a
population of fewer than 75,000 and that is required to close a landfill may use the proceeds or
interest for long-term maintenance costs associated with landfill closure. Counties, as defined in
s. 125.011, and charter counties may, in addition, use the proceeds or interest to retire or service
indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for
bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years,
any related land acquisition, land improvement, design, and engineering costs, and all other
professional and related costs required to bring the public facilities into service. For purposes of
this sub-subparagraph, the term “public facilities” means facilities as defined in s. 163.3164(39),
s.163.3221(13), or s. 189.012(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office
buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing
authority or another governmental entity.
b. A fire department vehicle, an emergency medical service vehicle, a sheriff’s office
vehicle, a police department vehicle, or any other vehicle, and the equipment necessary to outfit
the vehicle for its official use or equipment that has a life expectancy of at least 5 years.
c. Any expenditure for the construction, lease, or maintenance of, or provision of utilities or
security for, facilities, as defined in s. 29.008.
d. Any fixed capital expenditure or fixed capital outlay associated with the improvement of
private facilities that have a life expectancy of 5 or more years and that the owner agrees to make
available for use on a temporary basis as needed by a local government as a public emergency
shelter or a staging area for emergency response equipment during an emergency officially
declared by the state or by the local government under s. 252.38. Such improvements are limited
to those necessary to comply with current standards for public emergency evacuation shelters.
The owner must enter into a written contract with the local government providing the
improvement funding to make the private facility available to the public for purposes of
emergency shelter at no cost to the local government for a minimum of 10 years after completion
of the improvement, with the provision that the obligation will transfer to any subsequent owner
until the end of the minimum period.
e. Any land acquisition expenditure for a residential housing project in which at least 30
percent of the units are affordable to individuals or families whose total annual household
income does not exceed 120 percent of the area median income adjusted for household size, if
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the land is owned by a local government or by a special district that enters into a written
agreement with the local government to provide such housing. The local government or special
district may enter into a ground lease with a public or private person or entity for nominal or
other consideration for the construction of the residential housing project on land acquired
pursuant to this sub-subparagraph.
f. Instructional technology used solely in a school district’s classrooms. As used in this sub-
subparagraph, the term “instructional technology” means an interactive device that assists a
teacher in instructing a class or a group of students and includes the necessary hardware and
software to operate the interactive device. The term also includes support systems in which an
interactive device may mount and is not required to be affixed to the facilities.
2. For the purposes of this paragraph, the term “energy efficiency improvement” means any
energy conservation and efficiency improvement that reduces consumption through conservation
or a more efficient use of electricity, natural gas, propane, or other forms of energy on the
property, including, but not limited to, air sealing; installation of insulation; installation of
energy-efficient heating, cooling, or ventilation systems; installation of solar panels; building
modifications to increase the use of daylight or shade; replacement of windows; installation of
energy controls or energy recovery systems; installation of electric vehicle charging equipment;
installation of systems for natural gas fuel as defined in s. 206.9951; and installation of efficient
lighting equipment.
3. Notwithstanding any other provision of this subsection, a local government infrastructure
surtax imposed or extended after July 1, 1998, may allocate up to 15 percent of the surtax
proceeds for deposit into a trust fund within the county’s accounts created for the purpose of
funding economic development projects having a general public purpose of improving local
economies, including the funding of operational costs and incentives related to economic
development. The ballot statement must indicate the intention to make an allocation under the
authority of this subparagraph.
(e) School districts, counties, and municipalities receiving proceeds under the provisions of
this subsection may pledge such proceeds for the purpose of servicing new bond indebtedness
incurred pursuant to law. Local governments may use the services of the Division of Bond
Finance of the State Board of Administration pursuant to the State Bond Act to issue any bonds
through the provisions of this subsection. Counties and municipalities may join together for the
issuance of bonds authorized by this subsection.
(f)1. Notwithstanding paragraph (d), a county that has a population of 50,000 or less on
April 1, 1992, or any county designated as an area of critical state concern on the effective date
of this act, and that imposed the surtax before July 1, 1992, may use the proceeds and interest of
the surtax for any public purpose if:
a. The debt service obligations for any year are met;
b. The county’s comprehensive plan has been determined to be in compliance with part II of
chapter 163; and
c. The county has adopted an amendment to the surtax ordinance pursuant to the procedure
provided in s. 125.66 authorizing additional uses of the surtax proceeds and interest.
2. A municipality located within a county that has a population of 50,000 or less on April 1,
1992, or within a county designated as an area of critical state concern on the effective date of
this act, and that imposed the surtax before July 1, 1992, may not use the proceeds and interest of
the surtax for any purpose other than an infrastructure purpose authorized in paragraph (d) unless
the municipality’s comprehensive plan has been determined to be in compliance with part II of
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chapter 163 and the municipality has adopted an amendment to its surtax ordinance or resolution
pursuant to the procedure provided in s. 166.041 authorizing additional uses of the surtax
proceeds and interest. Such municipality may expend the surtax proceeds and interest for any
public purpose authorized in the amendment.
3. Those counties designated as an area of critical state concern which qualify to use the
surtax for any public purpose may use only up to 10 percent of the surtax proceeds for any public
purpose other than for infrastructure purposes authorized by this section. A county that was
designated as an area of critical state concern for at least 20 consecutive years prior to removal of
the designation, and that qualified to use the surtax for any public purpose at the time of the
removal of the designation, may continue to use up to 10 percent of the surtax proceeds for any
public purpose other than for infrastructure purposes for 20 years following removal of the
designation, notwithstanding subparagraph (a)2. After expiration of the 20-year period, a county
may continue to use up to 10 percent of the surtax proceeds for any public purpose other than for
infrastructure if the county adopts an ordinance providing for such continued use of the surtax
proceeds.
(g) Notwithstanding paragraph (d), a county having a population greater than 75,000 in
which the taxable value of real property is less than 60 percent of the just value of real property
for ad valorem tax purposes for the tax year in which an infrastructure surtax referendum is
placed before the voters, and the municipalities within such a county, may use the proceeds and
interest of the surtax for operation and maintenance of parks and recreation programs and
facilities established with the proceeds of the surtax throughout the duration of the surtax levy or
while interest earnings accruing from the proceeds of the surtax are available for such use,
whichever period is longer.
(h) Notwithstanding any other provision of this section, a county shall not levy local option
sales surtaxes authorized in this subsection and subsections (3), (4), and (5) in excess of a
combined rate of 1 percent.
8.B.3.c
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ORDINANCE NO.2019- 4 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2018-21,
IN ORDER TO CLARIFY THE TERMS OF MEMBERSHIP OF THE
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE.
WHEREAS, on April 24, 2018, the Board of County Commissioners (Board) adopted
Ordinance No. 2018-21, which imposed a one percent local government infrastructure surtax,
which was approved by County voters by referendum election on November 6, 2018; and
WHEREAS, Section Seven of Ordinance No.2018-21 provided for citizen oversight of the
expenditure of surtax proceeds by formation of an ad hoc committee known as the Infrastructure
Surtax Citizen Oversight Committee(Committee), comprised of seven members; and
WHEREAS, on January 8, 2019, the Board appointed the initial membership of the
Committee by Resolution No. 2019-12, and at that time the Board expressed a desire to appoint
two alternate members to the Committee, in addition to the seven voting members described in
Ordinance No. 2018-21; and
WHEREAS,the Board wishes to amend Ordinance No. 2018-21 to clarify the terms of the
alternate members.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2018-21.
Section Seven,Infrastructure Surtax Citizen Oversight Committee,of Ordinance No.2018-
21 is hereby amended as follows:
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
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 and two
2) alternate 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,
Words Underlined are added;Words Stfuele-Thcough are deleted.
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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 and for the alternate seats 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.
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
Words Underlined are added; Words StFuek—Thfeugh are deleted.
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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. An
alternate member shall vote only in the absence, disqualification or abstention of a regular
Committee member. 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.
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.
Words Underlined are added; Words Struck Through are deleted.
Page 3 of 4
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SECTION TWO: 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 THREE: 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this \oc\--k day of x1 Ixr" , 2019.
ATTESTSBOARD OF COUNTY COMMISSIONERS
CRYST: J0. 101447 ,Clerk COLLIER CO41 ORIDA
By: dr- a":414,. as_kii By:
61) Air
t ,,r =r
eir Clerk Wi am L. McDaniel, Jr., Chairman
A .
sign-are only.3 $.
Appro .d . r i form and legality:
4101 This ordinance filed with the
7014
Jeffrey . atzkow, County Attorneyr
ry of 'rate's ff ce the
lyof
and
acknowledgeme
that
i reci .;
8.B.3.d
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111 „,,,
I
a L ...,
Lt--.*:ot
l..
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 13, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-46, which was filed in this office on December 13,
2019.
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.3.d
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02/05/2020
EXECUTIVE SUMMARY
To validate the expenditures for the Emergency Services Center (ESC) Chiller Replacement and
Controls Upgrade; to ensure that this project meets the requirements of F.S. 212.055, conforms to
the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21
and the ballot language within; to make a finding that the project expenditures are a valid use of
Infrastructure Sales Surtax Funding.
OBJECTIVE: To validate the proposed expenditures for the replacement of the 2ea - 300-ton Air-
Cooled Chillers and Control System at the Emergency Services Center (ESC) Facility.
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 Emergency Services Center (ESC) Chiller Replacement and Controls Upgrade 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 Emergency Services Center (ESC) was constructed in 2007 and is responsible for the County-wide
coordination of all natural and man-made emergencies as well as housing the 911 call center and other
year-round operations. In addition, the Emergency Services Center (ESC) supplies and provides necessary
support to the community during times of an emergency. The facility is serviced by two each 300-ton air-
cooled chillers (currently operating at 60% of lead / lag capacity) located in the chiller well which is a
hardened facility on the east elevation of the Emergency Services Center (ESC). The chillers have
recently experienced numerous service outages and further compressor deterioration. The system is now
beyond repair and is undependable with potential failures at any given time.
Due to current installation details that limit proper air flow to the chiller units and the lack of coil
corrosion protection, they are beginning to fail. Condenser coils have corroded beyond repair primarily
due to re-entrainment of condenser air resulting in high head pressures and pre-mature compressor
failures. Consequently, the North and South walls of the Chiller Well will be modified to include
architectural louvers as well as the modification of the structural grating over each chiller condenser
discharge. This will provide the required open areas for proper airflow to and from each chiller.
Additionally, the condenser coils will be coated with anti-corrosion epoxy and the controls will be
upgraded to take advantage of the latest BACnet control strategies for energy conservation and chiller
optimization. Improvements will maintain the hardened structure storm protection of the chillers without
the current limitations of airflow.
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.
8.B.4
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02/05/2020
Permitting and
Inspections
Construction Cost* Total
Project $ 2,500.00 $ 1,200,000.00 $ 1,202,500
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office.
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.
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
8.B.4
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02/05/2020
facilities” means facilities as defined in s. 163.3164
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office buildings,
and animal shelters, regardless of whether the facilities are owned by the local taxing authority or another
governmental entity.
A copy of the entire statute is included as back-up to this item.
The County Attorney’s Office 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 satisfy the
requirements of both the Ordinance and the Statute will be brought to the Committee. The County
Attorney’s Office 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.” - CMG
Prepared by: John McCormick P.E, Principal Project Manager, Facilities Management
ATTACHMENT(S)
1. Emergency Services Center Chiller Replacement - PowerPoint (PPTX)
2. Emergency Services Center Chiller Replacement - Checklist (PDF)
3. Infrastructure Surtax Statute (PDF)
4. Ordinance 2019-46 (PDF)
8.B.4
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COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.4
Doc ID: 11410
Item Summary: To validate the expenditures for the Emergency Services Center (ESC) Chiller
Replacement and Controls Upgrade; 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: 02/05/2020
Prepared by:
Title: – Facilities Management
Name: Elizabeth Torres
01/21/2020 2:55 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
01/21/2020 2:55 PM
Approved By:
Review:
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 01/22/2020 11:09 AM
Facilities Management Damon Grant Director - Facilities Completed 01/23/2020 9:09 AM
Administrative Services Department Michael Cox Additional Reviewer Completed 01/27/2020 7:46 PM
Facilities Management Michael Cox Review Item Skipped 01/29/2020 1:27 PM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 01/30/2020 1:45 PM
County Manager's Office Heather Yilmaz Review Item Completed 01/30/2020 4:25 PM
CMO Heather Yilmaz Review Item Completed 01/30/2020 4:25 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/05/2020 8:30 AM
8.B.4
Packet Pg. 144
Prepared By: John McCormick P.E., Principal Project Manager
Emergency Services Center (ESC) Chiller Replacement
Project # 50191.1
Emergency Services Center (ESC) Chiller Replacement Public Utilities Department 1
8.B.4.a
Packet Pg. 145 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : Validate
Project History
Ø The Emergency Services Center (ESC) was constructed in 2007 and is responsible for
the County-wide coordination of all natural and man-made emergencies as well as
housing the 911 call center and other year-round operations. In addition, the
Emergency Services Center (ESC) supplies and provides necessary support to the
community during times of an emergency.
Ø The facility is serviced by two each 300-ton air-cooled chillers (currently operating at
60% of lead / lag capacity) located in the chiller well which is a hardened facility on
the east elevation of the Emergency Services Center (ESC). The chillers have recently
experienced numerous service outages and further compressor deterioration. The
system is now beyond repair and is undependable with potential failures at any given
time.
Ø Due to current installation details that limit proper air flow to the chiller units and the
lack of coil corrosion protection, they are beginning to fail.
Public Utilities Department 2 Emergency Services Center (ESC) Chiller Replacement
8.B.4.a
Packet Pg. 146 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : Validate
Ø Condenser coils have corroded beyond repair primarily due to re-entrainment
of condenser air resulting in high head pressures and pre-mature compressor
failures.
Ø Consequently,the North and South walls of the Chiller Well will be modified to
include architectural louvers as well as the modification of the structural
grating over each chiller condenser discharge. This will provide the required
open areas for proper airflow to and from each chiller.
Ø Additionally,the condenser coils will be coated with anti-corrosion epoxy and
the controls will be upgraded to take advantage of the latest BACnet control
strategies for energy conservation and chiller optimization.
Ø Improvements will maintain the hardened structure storm protection of the
chillers without the current limitations of airflow.
Project History
Emergency Services Center (ESC) Chiller Replacement 3Public Utilities Department
8.B.4.a
Packet Pg. 147 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : Validate
Project Site Location
Public Utilities Department 4 Emergency Services Center (ESC) Chiller Replacement
8.B.4.a
Packet Pg. 148 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : Validate
Project Site Location
5Public Utilities Department Emergency Services Center (ESC) Chiller Replacement
8.B.4.a
Packet Pg. 149 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : Validate
Public Utilities Department
ESC overview –East Side Chiller
We ll
6 Emergency Services Center (ESC) Chiller Replacement
8.B.4.a
Packet Pg. 150 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : Validate
Chiller Well Interior –Coil and
Compressor Deterioration
Public Utilities Department 7 Emergency Services Center (ESC) Chiller Replacement
8.B.4.a
Packet Pg. 151 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : Validate
Chiller Well Interior –Existing
Location of Chillers
8Public Utilities Department Emergency Services Center (ESC) Chiller Replacement
8.B.4.a
Packet Pg. 152 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : Validate
Project Summary / Financials
Ø 7-Year Sales Tax in Subcategory 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 $39.0M for HVAC,
Roofing and Capital Equipment Replacements at Sheriff’s & County Facilities sub-
category in Exhibit A.
9Public Utilities Department Emergency Services Center (ESC) Chiller Replacement
8.B.4.a
Packet Pg. 153 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : Validate
Project Summary /Financials
10
Emergency Services Center (ESC) Chiller Replacement:
Permitting and Inspections: $ 2,500
Construction: $ 1,200,000
TOTAL $ 1,202,500
Public Utilities Department Emergency Services Center (ESC) Chiller Replacement
8.B.4.a
Packet Pg. 154 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : Validate
Project Schedule /Status
11Public Utilities Department
DESCRIPTION START DA TE COMPLETION DATE Q1 Q2 Q3 Q4
Engi ne ering 2/1/2020 3/1/2020
Permi tti ng 3/1/2020 3/30/2020
Procure me nt 4/1/2020 5/1/2020
Constructi on 5/1/2020 6/1/2020
ESC Chi ller Re placement
2020
Emergency Services Center (ESC) Chiller Replacement
8.B.4.a
Packet Pg. 155 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : Validate
Fiscal Impact
12Public Utilities Department Emergency Services Center (ESC) Chiller Replacement
8.B.4.a
Packet Pg. 156 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : Validate
Project Funding Estimate
13Public Utilities Department
$39
$11.32
$1.20
$0
$5
$10
$15
$20
$25
$30
$35
$40
$45
7-Year Sales Tax Validated Total Estimated Cost
Emergency Services Center (ESC) Chiller Replacement
Emergency Services Center (ESC) Chiller Replacement
8.B.4.a
Packet Pg. 157 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : Validate
Recommendation
Ø To validate the expenditures for the Emergency Services Center (ESC) Chiller
Replacement and Controls Upgrade; 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 Emergency Services Center (ESC) Chiller Replacement
8.B.4.a
Packet Pg. 158 Attachment: Emergency Services Center Chiller Replacement - PowerPoint (11410 : 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 , 2020.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.4.b
Packet Pg. 159 Attachment: Emergency Services Center Chiller Replacement - Checklist (11410 : Validate Expenditures for Emergency Services Chiller
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.4.c
Packet Pg. 160 Attachment: Infrastructure Surtax Statute (11410 : Validate Expenditures for Emergency Services Chiller 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.4.c
Packet Pg. 161 Attachment: Infrastructure Surtax Statute (11410 : Validate Expenditures for Emergency Services Chiller 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.4.c
Packet Pg. 162 Attachment: Infrastructure Surtax Statute (11410 : Validate Expenditures for Emergency Services Chiller 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.4.c
Packet Pg. 163 Attachment: Infrastructure Surtax Statute (11410 : Validate Expenditures for Emergency Services Chiller Replacement)
ORDINANCE NO.2019- 4 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2018-21,
IN ORDER TO CLARIFY THE TERMS OF MEMBERSHIP OF THE
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE.
WHEREAS, on April 24, 2018, the Board of County Commissioners (Board) adopted
Ordinance No. 2018-21, which imposed a one percent local government infrastructure surtax,
which was approved by County voters by referendum election on November 6, 2018; and
WHEREAS, Section Seven of Ordinance No.2018-21 provided for citizen oversight of the
expenditure of surtax proceeds by formation of an ad hoc committee known as the Infrastructure
Surtax Citizen Oversight Committee(Committee), comprised of seven members; and
WHEREAS, on January 8, 2019, the Board appointed the initial membership of the
Committee by Resolution No. 2019-12, and at that time the Board expressed a desire to appoint
two alternate members to the Committee, in addition to the seven voting members described in
Ordinance No. 2018-21; and
WHEREAS,the Board wishes to amend Ordinance No. 2018-21 to clarify the terms of the
alternate members.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2018-21.
Section Seven,Infrastructure Surtax Citizen Oversight Committee,of Ordinance No.2018-
21 is hereby amended as follows:
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
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 and two
2) alternate 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,
Words Underlined are added;Words Stfuele-Thcough are deleted.
Page 1 of 4
8.B.4.d
Packet Pg. 164 Attachment: Ordinance 2019-46 (11410 : Validate Expenditures for Emergency Services Chiller Replacement)
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 and for the alternate seats 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.
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
Words Underlined are added; Words StFuek—Thfeugh are deleted.
Page 2 of 4
8.B.4.d
Packet Pg. 165 Attachment: Ordinance 2019-46 (11410 : Validate Expenditures for Emergency Services Chiller Replacement)
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. An
alternate member shall vote only in the absence, disqualification or abstention of a regular
Committee member. 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.
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.
Words Underlined are added; Words Struck Through are deleted.
Page 3 of 4
8.B.4.d
Packet Pg. 166 Attachment: Ordinance 2019-46 (11410 : Validate Expenditures for Emergency Services Chiller Replacement)
SECTION TWO: 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 THREE: 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this \oc\--k day of x1 Ixr" , 2019.
ATTESTSBOARD OF COUNTY COMMISSIONERS
CRYST: J0. 101447 ,Clerk COLLIER CO41 ORIDA
By: dr- a":414,. as_kii By:
61) Air
t ,,r =r
eir Clerk Wi am L. McDaniel, Jr., Chairman
A .
sign-are only.3 $.
Appro .d . r i form and legality:
4101 This ordinance filed with the
7014
Jeffrey . atzkow, County Attorneyr
ry of 'rate's ff ce the
lyof
and
acknowledgeme
that
i reci .;
8.B.4.d
Packet Pg. 167 Attachment: Ordinance 2019-46 (11410 : Validate Expenditures for Emergency Services Chiller Replacement)
111 „,,,
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 13, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-46, which was filed in this office on December 13,
2019.
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.4.d
Packet Pg. 168 Attachment: Ordinance 2019-46 (11410 : Validate Expenditures for Emergency Services Chiller Replacement)
02/05/2020
EXECUTIVE SUMMARY
To validate the expenditures for replacement of the existing Underground Chilled Water Mains
now serving 11 Main Campus Buildings including the following: Tax Collector, Elections, Human
Resources, Administration, Risk Management, Annex, Courthouse, J1/J2 Jail, J3 Jail, Facilities,
and the Health Building; to ensure that this project meets the requirements of F.S. 212.055,
conforms to the definition of Infrastructure, and is an eligible project in line with County
Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures
are a valid use of Infrastructure Sales Surtax Funding.
OBJECTIVE: To validate the proposed expenditures for the replacement of the Underground Chilled
Water Piping Mains and associated Valve Boxes.
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 Replacement of the Underground Chilled Water Mains serving the 11 Main Campus Buildings
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 current underground chilled water piping system has exceeded its useful life and is approaching 40
plus years of age. The existing piping system provides chilled water for the HVAC systems to each of the
11 main campus buildings including; Tax Collector, Procurement, Human Resources, Administration,
Risk Management, Annex, Courthouse, J1/J2 Jail, J3 Jail, Facilities, and the Health Building. Currently,
the existing piping is approximately 2 miles of schedule 40 PVC pipe with solvent -weld (glued) joints
and is beginning to fail with two substantial leaks within the past six months. The existing isolation
valves are randomly located, poorly marked, and no longer operational. The price to maintain and repair
the chilled water piping system is becoming excessive and has exceeded $ 200,000 for the most recent
emergency work in 2019. The frequency of repairs is anticipated to increase and will likely occur during
the hottest months of the year affecting some of our most critical buildings on the main campus.
The proposed replacement is intended to follow the same route as the existing PVC piping. The new
piping system will be HDPE or Polypropylene Butt Fusion Welded (Seamless). This will provide for a
secure and reliable Chilled Water Supply to the HVAC systems in all associated buildings. Also included
will be approximately 14 new pre-cast valve boxes for proper isolation and service at each building as
required in the future.
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.
8.B.5
Packet Pg. 169
02/05/2020
Construction Cost* Total
Project $4,000,000 $4,000,000
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office.
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.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by
the school district, within the county and municipalities within the county, or, in the case of a negotiated
joint county agreement, within another county, to finance, plan, and construct infrastructure; to acquire
any interest in land for public recreation, conservation, or protection of natural resources or to prevent or
satisfy private property rights claims resulting from limitations imposed by the designation of an area of
critical state concern; to provide loans, grants, or rebates to residential or commercial property owners
who make energy efficiency improvements to their residential or commercial property, if a local
government ordinance authorizing such use is approved by referendum; or to finance the closure of
county-owned or municipally owned solid waste landfills that have been closed or are required to be
closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used
for the operational expenses of infrastructure, except that a county that has a population of fewer than
75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance
costs associated with landfill closure. Counties, as defined in s. 125.011
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, and charter counties may, in addition, use the proceeds or interest
to retire or service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes,
and for bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction,
or improvement of public facilities that have a life expectancy of 5 or more years, any related land
acquisition, land improvement, design, and engineering costs, and all other professional and related costs
8.B.5
Packet Pg. 170
02/05/2020
required to bring the public facilities into service. For purposes of this sub-subparagraph, the term “public
facilities” means facilities as defined in s. 163.3164
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0189/Sections/0189.012.html>(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office buildings,
and animal shelters, regardless of whether the facilities are owned by the local taxing authority or another
governmental entity.
A copy of the entire statute is included as back-up to this item.
The County Attorney’s Office 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 satisfy the
requirements of both the Ordinance and the Statute will be brought to the Committee. The County
Attorney’s Office 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.” - CMG
Prepared by: John McCormick P.E., Principal Project Manager, Facilities Management
ATTACHMENT(S)
1. Underground Chilled Water Piping Mains - PowerPoint (PPTX)
2. Underground Chilled Water Piping Mains - Checklist (PDF)
3. Infrastructure Surtax Statute (PDF)
4. Ordinance 2019-46 (PDF)
8.B.5
Packet Pg. 171
02/05/2020
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.5
Doc ID: 11411
Item Summary: To validate the expenditures for replacement of the existing Underground Chilled
Water Mains now serving 11 Main Campus Buildings including Tax Collector, Elections, Human
Resources, Administration, Risk Management, Annex, Courthouse, J1/J2 Jail, J3 Jail, Facilities, and the
Health 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 Or dinance 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: 02/05/2020
Prepared by:
Title: – Facilities Management
Name: Elizabeth Torres
01/21/2020 3:05 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
01/21/2020 3:05 PM
Approved By:
Review:
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 01/23/2020 4:51 PM
Facilities Management Damon Grant Director - Facilities Completed 01/24/2020 1:22 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 01/27/2020 8:21 PM
Facilities Management Michael Cox Review Item Skipped 01/30/2020 9:01 AM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 01/30/2020 9:48 AM
County Manager's Office Heather Yilmaz Review Item Completed 01/30/2020 12:14 PM
CMO Heather Yilmaz Review Item Completed 01/30/2020 4:54 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/05/2020 8:30 AM
8.B.5
Packet Pg. 172
Prepared By: John McCormick P.E., Principal Project Manager
Underground Chilled Water Piping Mains
Project # 50189.1
Underground Chilled Wa ter Piping Mains Public Utilities Department 1
8.B.5.a
Packet Pg. 173 Attachment: Underground Chilled Water Piping Mains - PowerPoint (11411 : Validate Expenditures for
Project History
Ø The current underground chilled water piping system has exceeded its useful life and
is approaching 40 plus years of age.
Ø The existing piping system provides chilled water for the HVAC systems to each of the
11 main campus buildings including;Tax Collector, Procurement, Human Resources,
Administration, Risk Management, Annex, Courthouse, J1/J2 Jail,J3 Jail,Facilities,and
the Health Building.
Ø Currently, the existing piping is approximately 2 miles of schedule 40 PVC pipe with
solvent-weld (glued) joints and is beginning to fail with two substantial leaks within the
past six months. The existing isolation valves are randomly located, poorly marked,
and no longer operational.
Public Utilities Department 2 Underground Chilled Water Piping Mains
8.B.5.a
Packet Pg. 174 Attachment: Underground Chilled Water Piping Mains - PowerPoint (11411 : Validate Expenditures for
Ø The price to maintain and repair the chilled water piping system is becoming
excessive and has exceeded $ 200,000 for the most recent emergency work in
2019. The frequency of repairs is anticipated to increase and will likely occur
during the hottest months of the year affecting some of our most critical
buildings on the main campus.
Ø The proposed replacement is intended to follow the same route as the existing
PVC piping. The new piping system will be HDPE or Polypropylene Butt Fusion
Welded (Seamless). This will provide for a secure and reliable Chilled Water
Supply to the HVAC systems in all associated buildings.
Ø Also included will be approximately 14 new pre-cast valve boxes for proper
isolation and service at each building as required in the future.
Project History
Underground Chilled Water Piping Mains 3Public Utilities Department
8.B.5.a
Packet Pg. 175 Attachment: Underground Chilled Water Piping Mains - PowerPoint (11411 : Validate Expenditures for
Project Site Location
Public Utilities Department 4 Underground Chilled Wa ter Piping Mains
8.B.5.a
Packet Pg. 176 Attachment: Underground Chilled Water Piping Mains - PowerPoint (11411 : Validate Expenditures for
Project Site Location
5Public Utilities Department Underground Chilled Wa ter Piping Mains
8.B.5.a
Packet Pg. 177 Attachment: Underground Chilled Water Piping Mains - PowerPoint (11411 : Validate Expenditures for
Underground Chilled Water Piping Mains 6Public Utilities Department
Underground Chilled
Wa ter Campus Map
8.B.5.a
Packet Pg. 178 Attachment: Underground Chilled Water Piping Mains - PowerPoint (11411 : Validate Expenditures for
Project Details
7Public Utilities Department Underground Chilled Water Piping Mains
Ty pical leaks are visible
as surface ponding
Latest
repair
efforts
Existing piping
8.B.5.a
Packet Pg. 179 Attachment: Underground Chilled Water Piping Mains - PowerPoint (11411 : Validate Expenditures for
Project Summary / Financials
Ø 7-Year Sales Tax in Subcategory 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 $39.0M for HVAC,
Roofing and Capital Equipment Replacements at Sheriff’s & County Facilities sub-
category in Exhibit A.
8Public Utilities Department Underground Chilled Water Piping Mains
8.B.5.a
Packet Pg. 180 Attachment: Underground Chilled Water Piping Mains - PowerPoint (11411 : Validate Expenditures for
Project Summary /Financials
9
Underground Chilled Water Piping Mains:
Permitting: $ 2,500
Engineering: $ 250,000
Construction: $ 3,747,500
TOTAL $ 4,000,000
Public Utilities Department Underground Chilled Water Piping Mains
8.B.5.a
Packet Pg. 181 Attachment: Underground Chilled Water Piping Mains - PowerPoint (11411 : Validate Expenditures for
Project Schedule /Status
10Public Utilities Department
DESC RIPTION START D ATE COMPLETION DATE Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
En gi ne ering 4/1/2020 7/1/2020
Permi tting 7/1/2020 8/1/2020
Procureme nt 8/1/2020 11/1/2020
Construction 11/1/2020 11/1/2021
2020 2021
Underground Chilled Water Piping Mains
Underground Chilled Water Piping Mains
8.B.5.a
Packet Pg. 182 Attachment: Underground Chilled Water Piping Mains - PowerPoint (11411 : Validate Expenditures for
Fiscal Impact
11Public Utilities Department Underground Chilled Wa ter Piping Mains
8.B.5.a
Packet Pg. 183 Attachment: Underground Chilled Water Piping Mains - PowerPoint (11411 : Validate Expenditures for
Project Funding Estimate
12Public Utilities Department Underground Chilled Water Piping Mains
$39
$11.32
$4.00
$0
$5
$10
$15
$20
$25
$30
$35
$40
$45
7-Year Sales Tax Validated Total Estimated Cost
Underground Chilled Water Piping Mains
8.B.5.a
Packet Pg. 184 Attachment: Underground Chilled Water Piping Mains - PowerPoint (11411 : Validate Expenditures for
Recommendation
ØTo validate the expenditures for replacement of the existing Underground Chilled Water
Mains now serving 11 Main Campus Buildings including the following: Tax Collector,
Elections, Human Resources, Administration, Risk Management, Annex, Courthouse, J1/J2
Jail,J3 Jail,Facilities,and the Health Building; to ensure that this project meets the
requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible
project in line with County Ordinance 2018-21 and the ballot language within; to make a
finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding.
13Public Utilities Department Underground Chilled Water Piping Mains
8.B.5.a
Packet Pg. 185 Attachment: Underground Chilled Water Piping Mains - PowerPoint (11411 : Validate Expenditures for
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 , 2020.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.5.b
Packet Pg. 186 Attachment: Underground Chilled Water Piping Mains - Checklist (11411 : Validate Expenditures for Underground Chilled Water Piping Mains)
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.5.c
Packet Pg. 187 Attachment: Infrastructure Surtax Statute (11411 : Validate Expenditures for Underground Chilled Water Piping Mains)
case of a negotiated joint county agreement, within another county, to finance, plan, and
construct infrastructure; to acquire any interest in land for public recreation, conservation, or
protection of natural resources or to prevent or satisfy private property rights claims resulting
from limitations imposed by the designation of an area of critical state concern; to provide loans,
grants, or rebates to residential or commercial property owners who make energy efficiency
improvements to their residential or commercial property, if a local government ordinance
authorizing such use is approved by referendum; or to finance the closure of county-owned or
municipally owned solid waste landfills that have been closed or are required to be closed by
order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may
not be used for the operational expenses of infrastructure, except that a county that has a
population of fewer than 75,000 and that is required to close a landfill may use the proceeds or
interest for long-term maintenance costs associated with landfill closure. Counties, as defined in
s. 125.011, and charter counties may, in addition, use the proceeds or interest to retire or service
indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for
bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years,
any related land acquisition, land improvement, design, and engineering costs, and all other
professional and related costs required to bring the public facilities into service. For purposes of
this sub-subparagraph, the term “public facilities” means facilities as defined in s. 163.3164(39),
s.163.3221(13), or s. 189.012(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office
buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing
authority or another governmental entity.
b. A fire department vehicle, an emergency medical service vehicle, a sheriff’s office
vehicle, a police department vehicle, or any other vehicle, and the equipment necessary to outfit
the vehicle for its official use or equipment that has a life expectancy of at least 5 years.
c. Any expenditure for the construction, lease, or maintenance of, or provision of utilities or
security for, facilities, as defined in s. 29.008.
d. Any fixed capital expenditure or fixed capital outlay associated with the improvement of
private facilities that have a life expectancy of 5 or more years and that the owner agrees to make
available for use on a temporary basis as needed by a local government as a public emergency
shelter or a staging area for emergency response equipment during an emergency officially
declared by the state or by the local government under s. 252.38. Such improvements are limited
to those necessary to comply with current standards for public emergency evacuation shelters.
The owner must enter into a written contract with the local government providing the
improvement funding to make the private facility available to the public for purposes of
emergency shelter at no cost to the local government for a minimum of 10 years after completion
of the improvement, with the provision that the obligation will transfer to any subsequent owner
until the end of the minimum period.
e. Any land acquisition expenditure for a residential housing project in which at least 30
percent of the units are affordable to individuals or families whose total annual household
income does not exceed 120 percent of the area median income adjusted for household size, if
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the land is owned by a local government or by a special district that enters into a written
agreement with the local government to provide such housing. The local government or special
district may enter into a ground lease with a public or private person or entity for nominal or
other consideration for the construction of the residential housing project on land acquired
pursuant to this sub-subparagraph.
f. Instructional technology used solely in a school district’s classrooms. As used in this sub-
subparagraph, the term “instructional technology” means an interactive device that assists a
teacher in instructing a class or a group of students and includes the necessary hardware and
software to operate the interactive device. The term also includes support systems in which an
interactive device may mount and is not required to be affixed to the facilities.
2. For the purposes of this paragraph, the term “energy efficiency improvement” means any
energy conservation and efficiency improvement that reduces consumption through conservation
or a more efficient use of electricity, natural gas, propane, or other forms of energy on the
property, including, but not limited to, air sealing; installation of insulation; installation of
energy-efficient heating, cooling, or ventilation systems; installation of solar panels; building
modifications to increase the use of daylight or shade; replacement of windows; installation of
energy controls or energy recovery systems; installation of electric vehicle charging equipment;
installation of systems for natural gas fuel as defined in s. 206.9951; and installation of efficient
lighting equipment.
3. Notwithstanding any other provision of this subsection, a local government infrastructure
surtax imposed or extended after July 1, 1998, may allocate up to 15 percent of the surtax
proceeds for deposit into a trust fund within the county’s accounts created for the purpose of
funding economic development projects having a general public purpose of improving local
economies, including the funding of operational costs and incentives related to economic
development. The ballot statement must indicate the intention to make an allocation under the
authority of this subparagraph.
(e) School districts, counties, and municipalities receiving proceeds under the provisions of
this subsection may pledge such proceeds for the purpose of servicing new bond indebtedness
incurred pursuant to law. Local governments may use the services of the Division of Bond
Finance of the State Board of Administration pursuant to the State Bond Act to issue any bonds
through the provisions of this subsection. Counties and municipalities may join together for the
issuance of bonds authorized by this subsection.
(f)1. Notwithstanding paragraph (d), a county that has a population of 50,000 or less on
April 1, 1992, or any county designated as an area of critical state concern on the effective date
of this act, and that imposed the surtax before July 1, 1992, may use the proceeds and interest of
the surtax for any public purpose if:
a. The debt service obligations for any year are met;
b. The county’s comprehensive plan has been determined to be in compliance with part II of
chapter 163; and
c. The county has adopted an amendment to the surtax ordinance pursuant to the procedure
provided in s. 125.66 authorizing additional uses of the surtax proceeds and interest.
2. A municipality located within a county that has a population of 50,000 or less on April 1,
1992, or within a county designated as an area of critical state concern on the effective date of
this act, and that imposed the surtax before July 1, 1992, may not use the proceeds and interest of
the surtax for any purpose other than an infrastructure purpose authorized in paragraph (d) unless
the municipality’s comprehensive plan has been determined to be in compliance with part II of
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chapter 163 and the municipality has adopted an amendment to its surtax ordinance or resolution
pursuant to the procedure provided in s. 166.041 authorizing additional uses of the surtax
proceeds and interest. Such municipality may expend the surtax proceeds and interest for any
public purpose authorized in the amendment.
3. Those counties designated as an area of critical state concern which qualify to use the
surtax for any public purpose may use only up to 10 percent of the surtax proceeds for any public
purpose other than for infrastructure purposes authorized by this section. A county that was
designated as an area of critical state concern for at least 20 consecutive years prior to removal of
the designation, and that qualified to use the surtax for any public purpose at the time of the
removal of the designation, may continue to use up to 10 percent of the surtax proceeds for any
public purpose other than for infrastructure purposes for 20 years following removal of the
designation, notwithstanding subparagraph (a)2. After expiration of the 20-year period, a county
may continue to use up to 10 percent of the surtax proceeds for any public purpose other than for
infrastructure if the county adopts an ordinance providing for such continued use of the surtax
proceeds.
(g) Notwithstanding paragraph (d), a county having a population greater than 75,000 in
which the taxable value of real property is less than 60 percent of the just value of real property
for ad valorem tax purposes for the tax year in which an infrastructure surtax referendum is
placed before the voters, and the municipalities within such a county, may use the proceeds and
interest of the surtax for operation and maintenance of parks and recreation programs and
facilities established with the proceeds of the surtax throughout the duration of the surtax levy or
while interest earnings accruing from the proceeds of the surtax are available for such use,
whichever period is longer.
(h) Notwithstanding any other provision of this section, a county shall not levy local option
sales surtaxes authorized in this subsection and subsections (3), (4), and (5) in excess of a
combined rate of 1 percent.
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ORDINANCE NO.2019- 4 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2018-21,
IN ORDER TO CLARIFY THE TERMS OF MEMBERSHIP OF THE
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE.
WHEREAS, on April 24, 2018, the Board of County Commissioners (Board) adopted
Ordinance No. 2018-21, which imposed a one percent local government infrastructure surtax,
which was approved by County voters by referendum election on November 6, 2018; and
WHEREAS, Section Seven of Ordinance No.2018-21 provided for citizen oversight of the
expenditure of surtax proceeds by formation of an ad hoc committee known as the Infrastructure
Surtax Citizen Oversight Committee(Committee), comprised of seven members; and
WHEREAS, on January 8, 2019, the Board appointed the initial membership of the
Committee by Resolution No. 2019-12, and at that time the Board expressed a desire to appoint
two alternate members to the Committee, in addition to the seven voting members described in
Ordinance No. 2018-21; and
WHEREAS,the Board wishes to amend Ordinance No. 2018-21 to clarify the terms of the
alternate members.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2018-21.
Section Seven,Infrastructure Surtax Citizen Oversight Committee,of Ordinance No.2018-
21 is hereby amended as follows:
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
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 and two
2) alternate 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,
Words Underlined are added;Words Stfuele-Thcough are deleted.
Page 1 of 4
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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 and for the alternate seats 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.
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
Words Underlined are added; Words StFuek—Thfeugh are deleted.
Page 2 of 4
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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. An
alternate member shall vote only in the absence, disqualification or abstention of a regular
Committee member. 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.
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.
Words Underlined are added; Words Struck Through are deleted.
Page 3 of 4
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SECTION TWO: 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 THREE: 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this \oc\--k day of x1 Ixr" , 2019.
ATTESTSBOARD OF COUNTY COMMISSIONERS
CRYST: J0. 101447 ,Clerk COLLIER CO41 ORIDA
By: dr- a":414,. as_kii By:
61) Air
t ,,r =r
eir Clerk Wi am L. McDaniel, Jr., Chairman
A .
sign-are only.3 $.
Appro .d . r i form and legality:
4101 This ordinance filed with the
7014
Jeffrey . atzkow, County Attorneyr
ry of 'rate's ff ce the
lyof
and
acknowledgeme
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i reci .;
8.B.5.d
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111 „,,,
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 13, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-46, which was filed in this office on December 13,
2019.
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.5.d
Packet Pg. 195 Attachment: Ordinance 2019-46 (11411 : Validate Expenditures for Underground Chilled Water Piping Mains)
02/05/2020
EXECUTIVE SUMMARY
To validate the expenditures for the Switchgear Upgrade of Substations A, B, and K on the Main
Campus of Collier County; 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 Upgrade of the Switchgear in Substations
A, B, and K on the Main Campus of Collier County.
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 Switchgear Upgrade of Substations A, B, and K on the Main Campus of Collier County 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 replacement and upgrade of the existing obsolete and antiquated switchgear (some 30 plus y ears old)
will bring the Collier County Substations into current code compliance and provide sustainable electrical
supply equipment to serve the Main Campus facilities. The electrical service to each building on the main
campus is controlled by a main switch, also known as a main disconnect.
Typically, these are assembled with other building switches in an electrical room called a substation.
Within each substation are subsets of disconnect switches which are called switchgear. For the main
campus there are three existing substations A, B, and K. Since approaching 30 plus years in age,
replacement parts are unavailable. A malfunctioning breaker within the switchgear could result in losing
electrical power to any building or groups of buildings throughout the main campus.
Over the years particularly during high-load conditions of summer and through power surges from the
numerous lightning strikes, the breakers will trip (cut power) and must be reset which is becoming
increasingly difficult due to their age and continued use. Complicating this further the breakers and
associated hardware were manufactured in the 1980’s and are no longer commercially available. All spare
parts and sources have been exhausted.
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.
Construction Cost* Total
Project $1,800,000 $1,800,000
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office.
8.B.6
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02/05/2020
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.
In addition to the Ordinance, it is important that the Committee be comfortable that the proposed
expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government
infrastructure sales surtax. That statute states, in relevant part as follows:
212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by
the school district, within the county and municipalities within the county, or, in the case of a negotiated
joint county agreement, within another county, to finance, plan, and construct infrastructure; to acquire
any interest in land for public recreation, conservation, or protection of natural resources or to prevent or
satisfy private property rights claims resulting from limitations imposed by the designation of an area of
critical state concern; to provide loans, grants, or rebates to residential or commercial property owners
who make energy efficiency improvements to their residential or commercial property, if a local
government ordinance authorizing such use is approved by referendum; or to finance the closure of
county-owned or municipally owned solid waste landfills that have been closed or are required to be
closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used
for the operational expenses of infrastructure, except that a county that has a population of fewer than
75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance
costs associated with landfill closure. Counties, as defined in s. 125.011
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0125/Sections/0125.011.html>, and charter counties may, in addition, use the proceeds or interest
to retire or service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes,
and for bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction,
or improvement of public facilities that have a life expectancy of 5 or more years, any related land
acquisition, land improvement, design, and engineering costs, and all other professional and related costs
required to bring the public facilities into service. For purposes of this sub-subparagraph, the term “public
facilities” means facilities as defined in s. 163.3164
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3164.html>(39), s.163.3221
<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100
-0199/0163/Sections/0163.3221.html>(13), or s. 189.012
8.B.6
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02/05/2020
<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’s Office 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 satisfy the
requirements of both the Ordinance and the Statute will be brought to the Committee. The County
Attorney’s Office 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.” - CMG
Prepared by: John McCormick P.E., Principal Project Manager, Facilities Management
ATTACHMENT(S)
1. Switchgear A B K Upgrade - PowerPoint (PPTX)
2. Switchgear A B K Upgrade - Checklist (PDF)
3. Infrastructure Surtax Statute (PDF)
4. Ordinance 2019-46 (PDF)
8.B.6
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02/05/2020
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 8.B.6
Doc ID: 11414
Item Summary: To validate the expenditures for the Switchgear Upgrade of Substations A, B, and
K on the Main Campus of Collier County; 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: 02/05/2020
Prepared by:
Title: – Facilities Management
Name: Elizabeth Torres
01/21/2020 3:17 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
01/21/2020 3:17 PM
Approved By:
Review:
Facilities Management Damon Grant Director - Facilities Completed 01/23/2020 9:10 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 01/23/2020 4:42 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 01/27/2020 8:05 PM
Facilities Management Michael Cox Review Item Skipped 01/30/2020 9:00 AM
County Manager's Office Geoffrey Willig Additional Reviewer Completed 01/30/2020 10:14 AM
County Manager's Office Heather Yilmaz Review Item Completed 01/30/2020 12:14 PM
CMO Heather Yilmaz Review Item Completed 01/30/2020 4:38 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/05/2020 8:30 AM
8.B.6
Packet Pg. 199
Prepared By: John McCormick P.E., Principal Project Manager
Switchgear A, B, and K Upgrades
Project # 50188.1
Switchgear A,B and K Upgrades Public Utilities Department 1
8.B.6.a
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Project History
Ø The replacement and upgrade of the existing obsolete and antiquated
switchgear (some 30 plus years old) will bring the Collier County Substations
into current code compliance and provide sustainable electrical supply
equipment to serve the Main Campus facilities.
Ø The electrical service to each building on the main campus is controlled by a
main switch,also known as a main disconnect. Typically,these are
assembled with other building switches in an electrical room called a
substation. Within each substation are subsets of disconnect switches which
are called switchgear.
Ø For the main campus there are three existing substations A,B,and K. Since
approaching 30 plus years in age,replacement parts are unavailable.
Public Utilities Department 2 Switchgear A,B and K Upgrades
8.B.6.a
Packet Pg. 201 Attachment: Switchgear A B K Upgrade - PowerPoint (11414 : Validate Expenditures for Switchgear A B K
Ø A malfunctioning breaker within the switchgear could result in losing electrical
power to any building or groups of buildings throughout the main campus.
Ø Over the years particularly during high-load conditions of summer and through
power surges from the numerous lightning strikes,the breakers will trip (cut
power) and must be reset which is becoming increasingly difficult due to their
age and continued use.
Ø Complicating this further the breakers and associated hardware were
manufactured in the 1980’s and are no longer commercially available. All
spare parts and sources have been exhausted.
Project History
Switchgear A,B and K Upgrades 3Public Utilities Department
8.B.6.a
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Project Site Location
Public Utilities Department 4 Switchgear A,B and K Upgrades
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Project Site Location
5Public Utilities Department Switchgear A,B and K Upgrades
KA
B
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6Public Utilities Department Switchgear A,B and K Upgrades
Substation A
6
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Substation B
7 Switchgear A,B and K Upgrades Public Utilities Department
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Substation K
Switchgear A,B and K Upgrades 8Public Utilities Department
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Ø Since not commercially available off the shelf,new main disconnects will be
designed and built with modified cradles to meet current racking limitations of
the existing cells within each switchgear bank in all three substations and to
allow for future maintenance operations.
Ø In addition,we will install the latest generation master transfer zone (MTZ)
breakers,upgrade the power meters and dry-type transformer temperature
monitoring system. All systems will be complete with an Arc Flash Study and
the required on-site Underwriters Laboratories (UL) Recertification.
Ø All work will be backed by a three-year service plan that will include yearly
infrared scanning and standard preventative maintenance by the factory
representatives.
Project Outcomes
Switchgear A,B and K Upgrades 9Public Utilities Department
8.B.6.a
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Project Summary / Financials
Ø 7-Year Sales Tax in Subcategory 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 $39.0M for HVAC,
Roofing and Capital Equipment Replacements at Sheriff’s & County Facilities sub-
category in Exhibit A.
10Public Utilities Department Switchgear A,B and K Upgrades
8.B.6.a
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Project Summary /Financials
11
Switchgear A, B, and K Upgrades:
Engineering $ 150,000
Permitting and Inspections $ 3,500
Construction: $ 1,646,500
TOTAL $ 1,800,000
Public Utilities Department Switchgear A,B and K Upgrades
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Project Schedule /Status
12Public Utilities Department Switchgear A,B and K Upgrades
DE SCRIPTION START DATE COMPLETION DATE Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Engineerin g 4/1/2020 6/1/2020
Perm ittin g 6/1/2020 7/1/2020
Constru ctio n / Submittals 7/1/2020 4/1/2021
2020 2021
Switc hgear A, B, and K Upgrades
8.B.6.a
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Fiscal Impact
13Public Utilities Department Switchgear A,B and K Upgrades
8.B.6.a
Packet Pg. 212 Attachment: Switchgear A B K Upgrade - PowerPoint (11414 : Validate Expenditures for Switchgear A B K
Project Funding Estimate
14Public Utilities Department Switchgear A,B and K Upgrades
$39
$11.32
$1.80
$0
$5
$10
$15
$20
$25
$30
$35
$40
$45
7-Year Sales Tax Validated Total Estimated Cost
Switchgear A, B and K Upgrades
8.B.6.a
Packet Pg. 213 Attachment: Switchgear A B K Upgrade - PowerPoint (11414 : Validate Expenditures for Switchgear A B K
Recommendation
Ø To validate the expenditures for the Switchgear Upgrade of Substations A, B, and K
on the Main Campus of Collier County; 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 Switchgear A,B and K Upgrades
8.B.6.a
Packet Pg. 214 Attachment: Switchgear A B K Upgrade - PowerPoint (11414 : Validate Expenditures for Switchgear A B K
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 , 2020.
Chairman
Exhibit A Reference
Category:
Sub-Category:
Funding Requested:
8.B.6.b
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212.055 Discretionary sales surtaxes; legislative intent; authorization and use of
proceeds.—It is the legislative intent that any authorization for imposition of a discretionary
sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective
of the duration of the levy. Each enactment shall specify the types of counties authorized to levy;
the rate or rates which may be imposed; the maximum length of time the surtax may be imposed,
if any; the procedure which must be followed to secure voter approval, if required; the purpose
for which the proceeds may be expended; and such other requirements as the Legislature may
provide. Taxable transactions and administrative procedures shall be as provided in s. 212.054.
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
(a)1. The governing authority in each county may levy a discretionary sales surtax of 0.5
percent or 1 percent. The levy of the surtax shall be pursuant to ordinance enacted by a majority
of the members of the county governing authority and approved by a majority of the electors of
the county voting in a referendum on the surtax. If the governing bodies of the municipalities
representing a majority of the county’s population adopt uniform resolutions establishing the rate
of the surtax and calling for a referendum on the surtax, the levy of the surtax shall be placed on
the ballot and shall take effect if approved by a majority of the electors of the county voting in
the referendum on the surtax.
2. If the surtax was levied pursuant to a referendum held before July 1, 1993, the surtax may
not be levied beyond the time established in the ordinance, or, if the ordinance did not limit the
period of the levy, the surtax may not be levied for more than 15 years. The levy of such surtax
may be extended only by approval of a majority of the electors of the county voting in a
referendum on the surtax.
(b) A statement which includes a brief general description of the projects to be funded by the
surtax and which conforms to the requirements of s. 101.161 shall be placed on the ballot by the
governing authority of any county which enacts an ordinance calling for a referendum on the
levy of the surtax or in which the governing bodies of the municipalities representing a majority
of the county’s population adopt uniform resolutions calling for a referendum on the surtax. The
following question shall be placed on the ballot:
FOR the -cent sales tax
AGAINST the -cent sales tax
(c) Pursuant to s. 212.054(4), the proceeds of the surtax levied under this subsection shall be
distributed to the county and the municipalities within such county in which the surtax was
collected, according to:
1. An interlocal agreement between the county governing authority and the governing bodies
of the municipalities representing a majority of the county’s municipal population, which
agreement may include a school district with the consent of the county governing authority and
the governing bodies of the municipalities representing a majority of the county’s municipal
population; or
2. If there is no interlocal agreement, according to the formula provided in s. 218.62.
Any change in the distribution formula must take effect on the first day of any month that begins
at least 60 days after written notification of that change has been made to the department.
(d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be
expended by the school district, within the county and municipalities within the county, or, in the
8.B.6.c
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case of a negotiated joint county agreement, within another county, to finance, plan, and
construct infrastructure; to acquire any interest in land for public recreation, conservation, or
protection of natural resources or to prevent or satisfy private property rights claims resulting
from limitations imposed by the designation of an area of critical state concern; to provide loans,
grants, or rebates to residential or commercial property owners who make energy efficiency
improvements to their residential or commercial property, if a local government ordinance
authorizing such use is approved by referendum; or to finance the closure of county-owned or
municipally owned solid waste landfills that have been closed or are required to be closed by
order of the Department of Environmental Protection. Any use of the proceeds or interest for
purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may
not be used for the operational expenses of infrastructure, except that a county that has a
population of fewer than 75,000 and that is required to close a landfill may use the proceeds or
interest for long-term maintenance costs associated with landfill closure. Counties, as defined in
s. 125.011, and charter counties may, in addition, use the proceeds or interest to retire or service
indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for
bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes
of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
1. For the purposes of this paragraph, the term “infrastructure” means:
a. Any fixed capital expenditure or fixed capital outlay associated with the construction,
reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years,
any related land acquisition, land improvement, design, and engineering costs, and all other
professional and related costs required to bring the public facilities into service. For purposes of
this sub-subparagraph, the term “public facilities” means facilities as defined in s. 163.3164(39),
s.163.3221(13), or s. 189.012(5), and includes facilities that are necessary to carry out
governmental purposes, including, but not limited to, fire stations, general governmental office
buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing
authority or another governmental entity.
b. A fire department vehicle, an emergency medical service vehicle, a sheriff’s office
vehicle, a police department vehicle, or any other vehicle, and the equipment necessary to outfit
the vehicle for its official use or equipment that has a life expectancy of at least 5 years.
c. Any expenditure for the construction, lease, or maintenance of, or provision of utilities or
security for, facilities, as defined in s. 29.008.
d. Any fixed capital expenditure or fixed capital outlay associated with the improvement of
private facilities that have a life expectancy of 5 or more years and that the owner agrees to make
available for use on a temporary basis as needed by a local government as a public emergency
shelter or a staging area for emergency response equipment during an emergency officially
declared by the state or by the local government under s. 252.38. Such improvements are limited
to those necessary to comply with current standards for public emergency evacuation shelters.
The owner must enter into a written contract with the local government providing the
improvement funding to make the private facility available to the public for purposes of
emergency shelter at no cost to the local government for a minimum of 10 years after completion
of the improvement, with the provision that the obligation will transfer to any subsequent owner
until the end of the minimum period.
e. Any land acquisition expenditure for a residential housing project in which at least 30
percent of the units are affordable to individuals or families whose total annual household
income does not exceed 120 percent of the area median income adjusted for household size, if
8.B.6.c
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the land is owned by a local government or by a special district that enters into a written
agreement with the local government to provide such housing. The local government or special
district may enter into a ground lease with a public or private person or entity for nominal or
other consideration for the construction of the residential housing project on land acquired
pursuant to this sub-subparagraph.
f. Instructional technology used solely in a school district’s classrooms. As used in this sub-
subparagraph, the term “instructional technology” means an interactive device that assists a
teacher in instructing a class or a group of students and includes the necessary hardware and
software to operate the interactive device. The term also includes support systems in which an
interactive device may mount and is not required to be affixed to the facilities.
2. For the purposes of this paragraph, the term “energy efficiency improvement” means any
energy conservation and efficiency improvement that reduces consumption through conservation
or a more efficient use of electricity, natural gas, propane, or other forms of energy on the
property, including, but not limited to, air sealing; installation of insulation; installation of
energy-efficient heating, cooling, or ventilation systems; installation of solar panels; building
modifications to increase the use of daylight or shade; replacement of windows; installation of
energy controls or energy recovery systems; installation of electric vehicle charging equipment;
installation of systems for natural gas fuel as defined in s. 206.9951; and installation of efficient
lighting equipment.
3. Notwithstanding any other provision of this subsection, a local government infrastructure
surtax imposed or extended after July 1, 1998, may allocate up to 15 percent of the surtax
proceeds for deposit into a trust fund within the county’s accounts created for the purpose of
funding economic development projects having a general public purpose of improving local
economies, including the funding of operational costs and incentives related to economic
development. The ballot statement must indicate the intention to make an allocation under the
authority of this subparagraph.
(e) School districts, counties, and municipalities receiving proceeds under the provisions of
this subsection may pledge such proceeds for the purpose of servicing new bond indebtedness
incurred pursuant to law. Local governments may use the services of the Division of Bond
Finance of the State Board of Administration pursuant to the State Bond Act to issue any bonds
through the provisions of this subsection. Counties and municipalities may join together for the
issuance of bonds authorized by this subsection.
(f)1. Notwithstanding paragraph (d), a county that has a population of 50,000 or less on
April 1, 1992, or any county designated as an area of critical state concern on the effective date
of this act, and that imposed the surtax before July 1, 1992, may use the proceeds and interest of
the surtax for any public purpose if:
a. The debt service obligations for any year are met;
b. The county’s comprehensive plan has been determined to be in compliance with part II of
chapter 163; and
c. The county has adopted an amendment to the surtax ordinance pursuant to the procedure
provided in s. 125.66 authorizing additional uses of the surtax proceeds and interest.
2. A municipality located within a county that has a population of 50,000 or less on April 1,
1992, or within a county designated as an area of critical state concern on the effective date of
this act, and that imposed the surtax before July 1, 1992, may not use the proceeds and interest of
the surtax for any purpose other than an infrastructure purpose authorized in paragraph (d) unless
the municipality’s comprehensive plan has been determined to be in compliance with part II of
8.B.6.c
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chapter 163 and the municipality has adopted an amendment to its surtax ordinance or resolution
pursuant to the procedure provided in s. 166.041 authorizing additional uses of the surtax
proceeds and interest. Such municipality may expend the surtax proceeds and interest for any
public purpose authorized in the amendment.
3. Those counties designated as an area of critical state concern which qualify to use the
surtax for any public purpose may use only up to 10 percent of the surtax proceeds for any public
purpose other than for infrastructure purposes authorized by this section. A county that was
designated as an area of critical state concern for at least 20 consecutive years prior to removal of
the designation, and that qualified to use the surtax for any public purpose at the time of the
removal of the designation, may continue to use up to 10 percent of the surtax proceeds for any
public purpose other than for infrastructure purposes for 20 years following removal of the
designation, notwithstanding subparagraph (a)2. After expiration of the 20-year period, a county
may continue to use up to 10 percent of the surtax proceeds for any public purpose other than for
infrastructure if the county adopts an ordinance providing for such continued use of the surtax
proceeds.
(g) Notwithstanding paragraph (d), a county having a population greater than 75,000 in
which the taxable value of real property is less than 60 percent of the just value of real property
for ad valorem tax purposes for the tax year in which an infrastructure surtax referendum is
placed before the voters, and the municipalities within such a county, may use the proceeds and
interest of the surtax for operation and maintenance of parks and recreation programs and
facilities established with the proceeds of the surtax throughout the duration of the surtax levy or
while interest earnings accruing from the proceeds of the surtax are available for such use,
whichever period is longer.
(h) Notwithstanding any other provision of this section, a county shall not levy local option
sales surtaxes authorized in this subsection and subsections (3), (4), and (5) in excess of a
combined rate of 1 percent.
8.B.6.c
Packet Pg. 219 Attachment: Infrastructure Surtax Statute (11414 : Validate Expenditures for Switchgear A B K Upgrade)
ORDINANCE NO.2019- 4 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2018-21,
IN ORDER TO CLARIFY THE TERMS OF MEMBERSHIP OF THE
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE.
WHEREAS, on April 24, 2018, the Board of County Commissioners (Board) adopted
Ordinance No. 2018-21, which imposed a one percent local government infrastructure surtax,
which was approved by County voters by referendum election on November 6, 2018; and
WHEREAS, Section Seven of Ordinance No.2018-21 provided for citizen oversight of the
expenditure of surtax proceeds by formation of an ad hoc committee known as the Infrastructure
Surtax Citizen Oversight Committee(Committee), comprised of seven members; and
WHEREAS, on January 8, 2019, the Board appointed the initial membership of the
Committee by Resolution No. 2019-12, and at that time the Board expressed a desire to appoint
two alternate members to the Committee, in addition to the seven voting members described in
Ordinance No. 2018-21; and
WHEREAS,the Board wishes to amend Ordinance No. 2018-21 to clarify the terms of the
alternate members.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2018-21.
Section Seven,Infrastructure Surtax Citizen Oversight Committee,of Ordinance No.2018-
21 is hereby amended as follows:
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
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 and two
2) alternate 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,
Words Underlined are added;Words Stfuele-Thcough are deleted.
Page 1 of 4
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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 and for the alternate seats 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.
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
Words Underlined are added; Words StFuek—Thfeugh are deleted.
Page 2 of 4
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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. An
alternate member shall vote only in the absence, disqualification or abstention of a regular
Committee member. 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.
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.
Words Underlined are added; Words Struck Through are deleted.
Page 3 of 4
8.B.6.d
Packet Pg. 222 Attachment: Ordinance 2019-46 (11414 : Validate Expenditures for Switchgear A B K Upgrade)
SECTION TWO: 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 THREE: 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this \oc\--k day of x1 Ixr" , 2019.
ATTESTSBOARD OF COUNTY COMMISSIONERS
CRYST: J0. 101447 ,Clerk COLLIER CO41 ORIDA
By: dr- a":414,. as_kii By:
61) Air
t ,,r =r
eir Clerk Wi am L. McDaniel, Jr., Chairman
A .
sign-are only.3 $.
Appro .d . r i form and legality:
4101 This ordinance filed with the
7014
Jeffrey . atzkow, County Attorneyr
ry of 'rate's ff ce the
lyof
and
acknowledgeme
that
i reci .;
8.B.6.d
Packet Pg. 223 Attachment: Ordinance 2019-46 (11414 : Validate Expenditures for Switchgear A B K Upgrade)
111 „,,,
I
a L ...,
Lt--.*:ot
l..
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 13, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-46, which was filed in this office on December 13,
2019.
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.6.d
Packet Pg. 224 Attachment: Ordinance 2019-46 (11414 : Validate Expenditures for Switchgear A B K Upgrade)
02/05/2020
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 9.A
Item Summary: Monthly Report to Committee - February 2020
Meeting Date: 02/05/2020
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
01/24/2020 12:12 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/24/2020 12:12 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig Additional Reviewer Completed 01/24/2020 1:35 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 01/27/2020 7:40 PM
County Manager's Office Heather Yilmaz Review Item Completed 01/30/2020 4:23 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/05/2020 8:30 AM
9.A
Packet Pg. 225
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$ -$ -$
60147 Randall Intersection (was Proj 60065)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$ -$ 40,000,000$
50145 DAS Shelter Improvements/Replacement 6,000,000$ 6,000,000$ -$ 268,479$
39,000,000$ 27,688,464$
50163 Naples Lib HVAC 1,756,220$ 130,780$
50164 Health Bldg. HVAC 1,644,417$ -$
50165 Health Bldg. Roof 657,000$ -$
50166 Jail & Chiller Plant HVAC 1,525,501$ 1,425,388$
53007 Jail Kitchen Renovation 1,869,000$ -$
50176 Immokalee Health Bldg. HVAC/Roof 1,403,500$ -$
50181 Jail Isolation Rooms HVAC 273,108.45$ -$
50182 Jail Steam to Hot Water Boiler Conversion 550,000$ -$
50183 Jail Security System Replacement 1,632,790$ 1,632,790$
Hurricane Resilience 15,000,000$ 10,000,000$
50390 ESC Enclose Bay 1,500,000$ -$
50391 PUD Generators 3,500,000$ 1,011,072$
EMS Substations (3)6,000,000$ 3,777,800$
55211 Heritage Bay EMS station 2,222,200$ -$
Subtotal - Fac & Cap Replacements 139,000,000$ 97,533,736$ 41,466,264$ 47,042,814$
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$ 207,533,736$ 212,466,264$ 47,042,814$
Deposited to
Date*
# of months
revenue
deposited
Revenues
312610 Infrastructure Sales Tax Revenue 67,102,467.20$ 10
Interest Earnings 417,879.71$ 10
*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 January 20, 2020
HVAC, Roofing, & Cap Equip Replace at Sheriff's &
9.A.1
Packet Pg. 226 Attachment: Monthly Report to Committee - February 2020 (11382 : Monthly Report to Committee - February 2020)
In the above chart, the Local Government Half Cent Sales Tax for 2019 is provided to demonstrate the seasonality of
this revenue source. The Local Governmental Half Cent Sales Tax is a General Fund funding source.
(Jan-Dec)Infra Sales Tax*Interest
Collier County - Year 1 (2019)67,102,467.20 417,879.71 (10 months activity - March thru Dec)
Year 2 (2020)- -
67,102,467.20 417,879.71
City of Naples - Year 1 (2019)3,906,871.03 (10 months activity - March thru Dec)
Year 2 (2020)-
City of Marco Island - Year 1 (2019)3,292,201.42 (10 months activity - March thru Dec)
Year 2 (2020)-
Everglades City - Year 1 (2019)83,701.53 (10 months activity - March thru Dec)
Year 2 (2020)-
Total Infrastructure Surtax Collected 74,385,241.18
Total amount noted in the Ordinance**490,000,000.00
* The above amounts reflect when the County/Cities received/deposited the money from the state.
The above activity is based on cash not accrual accounting.
There is a 2-month delay between when the tax is collected by the merchant and when it’s received by the County/City.
** Per Ordinance 2018-21 ; This ordinance shall sunset on 12/31 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 or on Dec
31, 2025, which ever comes first.
One Penny Infrastructure Sales Tax - Status of Projects in Exhibit A
As of January 20, 2020
$-
$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 - County
2019 Half Cent Sales Tax (General Fund)
9.A.1
Packet Pg. 227 Attachment: Monthly Report to Committee - February 2020 (11382 : Monthly Report to Committee - February 2020)
02/05/2020
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 9.B
Item Summary: Committee Support Documents
Meeting Date: 02/05/2020
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
01/17/2020 12:52 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/17/2020 12:52 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig Additional Reviewer Completed 01/17/2020 3:57 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 01/18/2020 8:14 AM
County Manager's Office Heather Yilmaz Review Item Completed 01/30/2020 4:22 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/05/2020 8:30 AM
9.B
Packet Pg. 228
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. 229 Attachment: Infrastructure Surtax Statute (11379 : 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. 230 Attachment: Infrastructure Surtax Statute (11379 : 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. 231 Attachment: Infrastructure Surtax Statute (11379 : 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. 232 Attachment: Infrastructure Surtax Statute (11379 : Committee Support Documents)
ORDINANCE NO.2019- 4 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2018-21,
IN ORDER TO CLARIFY THE TERMS OF MEMBERSHIP OF THE
INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE.
WHEREAS, on April 24, 2018, the Board of County Commissioners (Board) adopted
Ordinance No. 2018-21, which imposed a one percent local government infrastructure surtax,
which was approved by County voters by referendum election on November 6, 2018; and
WHEREAS, Section Seven of Ordinance No.2018-21 provided for citizen oversight of the
expenditure of surtax proceeds by formation of an ad hoc committee known as the Infrastructure
Surtax Citizen Oversight Committee(Committee), comprised of seven members; and
WHEREAS, on January 8, 2019, the Board appointed the initial membership of the
Committee by Resolution No. 2019-12, and at that time the Board expressed a desire to appoint
two alternate members to the Committee, in addition to the seven voting members described in
Ordinance No. 2018-21; and
WHEREAS,the Board wishes to amend Ordinance No. 2018-21 to clarify the terms of the
alternate members.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO. 2018-21.
Section Seven,Infrastructure Surtax Citizen Oversight Committee,of Ordinance No.2018-
21 is hereby amended as follows:
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
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 and two
2) alternate 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,
Words Underlined are added;Words Stfuele-Thcough are deleted.
Page 1 of 4
9.B.2
Packet Pg. 233 Attachment: Ordinance 2019-46 (11379 : Committee Support Documents)
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 and for the alternate seats 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.
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
Words Underlined are added; Words StFuek—Thfeugh are deleted.
Page 2 of 4
9.B.2
Packet Pg. 234 Attachment: Ordinance 2019-46 (11379 : Committee Support Documents)
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. An
alternate member shall vote only in the absence, disqualification or abstention of a regular
Committee member. 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.
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.
Words Underlined are added; Words Struck Through are deleted.
Page 3 of 4
9.B.2
Packet Pg. 235 Attachment: Ordinance 2019-46 (11379 : Committee Support Documents)
SECTION TWO: 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 THREE: 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this \oc\--k day of x1 Ixr" , 2019.
ATTESTSBOARD OF COUNTY COMMISSIONERS
CRYST: J0. 101447 ,Clerk COLLIER CO41 ORIDA
By: dr- a":414,. as_kii By:
61) Air
t ,,r =r
eir Clerk Wi am L. McDaniel, Jr., Chairman
A .
sign-are only.3 $.
Appro .d . r i form and legality:
4101 This ordinance filed with the
7014
Jeffrey . atzkow, County Attorneyr
ry of 'rate's ff ce the
lyof
and
acknowledgeme
that
i reci .;
9.B.2
Packet Pg. 236 Attachment: Ordinance 2019-46 (11379 : Committee Support Documents)
111 „,,,
I
a L ...,
Lt--.*:ot
l..
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
December 13, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-46, which was filed in this office on December 13,
2019.
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. 237 Attachment: Ordinance 2019-46 (11379 : Committee Support Documents)
02/05/2020
COLLIER COUNTY
Collier County Infrastructure Surtax Citizen Oversight Committee
Item Number: 12.A
Item Summary: Next Meeting Date - May 06, 2020
Meeting Date: 02/05/2020
Prepared by:
Title: – County Manager's Office
Name: Heather Yilmaz
01/17/2020 12:52 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
01/17/2020 12:52 PM
Approved By:
Review:
County Manager's Office Geoffrey Willig Additional Reviewer Completed 01/17/2020 3:58 PM
Administrative Services Department Michael Cox Additional Reviewer Completed 01/18/2020 8:13 AM
County Manager's Office Heather Yilmaz Review Item Completed 01/30/2020 5:07 PM
Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 02/05/2020 8:30 AM
12.A
Packet Pg. 238