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ISCOC Agenda 09/02/2020COLLIER COUNTY INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE Agenda September 2, 2020 8:30 AM Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL. 34112 Scott J. Lapore – At Large – Chair Justin Land – District 4 – Vice Chair Jeffrey Lutz – District 1 Steven Osborne – District 2 Ronald Kezeske – District 3 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 - March 04, 2020 6. PUBLIC COMMENT 7. NEW BUSINESS 8. PROJECTS A. TRANSPORTATION 1. To validate the proposed reallocation of Infrastructure Sales Surtax Funding from New Bridges Golden Gate Estates Project to the Bridge Replacement Project, in the amount of $26,000,000; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. B. FACILITIES & CAPITAL REPLACEMENTS 1. To validate the expenditures for the design and construction of the New Chiller Plant – Building K; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. 2. To validate the expenditures for the design and construction of Emergency Medical Services (EMS) Station 74 in Golden Gate Estates; 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. Committee Support Documents B. Monthly Report to Committee - September 2020 10. ANNOUNCEMENTS 11. COMMITTEE MEMBER DISCUSSION 12. NEXT MEETING DATE A. Next Meeting Date - December 02, 2020 13. ADJOURNMENT 09/02/2020 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 5.A Item Summary: Meeting Minutes - March 04, 2020 Meeting Date: 09/02/2020 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 08/24/2020 2:01 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 08/24/2020 2:01 PM Approved By: Review: CMO Heather Yilmaz Review Item Completed 08/24/2020 2:02 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 09/02/2020 8:30 AM 5.A Packet Pg. 4 1 | P a g e MINUTES OF THE REGULAR MEETING OF THE COLLIER COUNTY Infrastructure Surtax Citizen Oversight Committee March 04, 2020 Naples, Florida LET IT BE REMEMBERED that the Collier County Infrastructure Surtax Citizen Oversight Committee met on this date at 8:30 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 Scott J. Lepore Jeffrey Lutz Stephen Osborne Juliana Meek Jamie Andersen James W. DeLony Absent: Justin Land Beth Rozansky 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 Vice-Chairman called the meeting to order at 8:30 AM and led the Pledge of Allegiance. 3. Roll Call – Liaison Five members of the Infrastructure Surtax Citizen Oversight Committee were present representing a quorum, including two alternates. 4. Approval of The Agenda The agenda was distributed to all present and approved. 5. Approval of minutes from Previous Meeting A. Meeting Minutes – February 05, 2020 The minutes were distributed to all present and approved. 5.A.1 Packet Pg. 5 Attachment: Meeting Minutes - March 04, 2020 (13198 : Meeting Minutes - March 04, 2020) 2 | P a g e 6. Public Comment There was no public comment. 7. New Business Future meeting schedule June 3, 2020. ***Cancelled*** 8. Projects A. Transportation (None) B. Facilities & Capital Replacements 1. To validate the expenditures for the design and construction of the Collier County Jail Laundry Replacement and Safety Upgrades; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. Mr. Ayoub R. Al-Bahou, Principal Project Manager, presented the expenditures for the design and construction of the Collier County Jail Laundry Replacement and Safety Upgrades. A motion to approve the project was made and was approved. 2. To validate the expenditures for the Phase 1 electrical upgrades for future Collier County J1/J2 Jail Generator; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. Mr. McCormick, Principal Project Manager, presented the expenditures expenditures for the Phase 1 electrical upgrades for future Collier County J1/J2 Jail Generator. A motion to approve the project was made and was approved. C. Community Priorities (None) 9. Old Business A. Monthly Report to Committee – March 2020 B. Committee Support Documents As of February 21, 2020, when the Monthly Report was pulled, the Committee validated a total of 27 projects, with total projected expenditures of $229M to date. The total Infrastructure Sales Tax Revenue is $74.2M, with almost $544K in interest earnings. 5.A.1 Packet Pg. 6 Attachment: Meeting Minutes - March 04, 2020 (13198 : Meeting Minutes - March 04, 2020) 3 | P a g e The Statute and Ordinance will be provided monthly under the Committee Support Document category in the Agenda. 10. Announcements (None) 11. Committee Member Discussion Encourage County Staff to provide information, including images, scope, and public purpose on future projects. 12. Next Meeting Date The next meeting of the Infrastructure Surtax Citizen Oversight Committee will be on September 2, 2020 at 8:30 AM in the BCC Boardroom at 3299 Tamiami Trl E, Naples FL 34112 on the third floor. 13. Adjournment Mr. Lepore made a motion for this meeting to be adjourned and was accepted unanimously. The meeting was adjourned at 9:52 AM with nothing further to discuss. Collier County Infrastructure Surtax Citizen Oversight Committee _______________________ Scott Lepore – Chairman The foregoing Minutes were approved by Committee Chair on September 2, 2020, “as submitted” [ ] or “as amended” [ ] 5.A.1 Packet Pg. 7 Attachment: Meeting Minutes - March 04, 2020 (13198 : Meeting Minutes - March 04, 2020) 09/02/2020 EXECUTIVE SUMMARY Recommendation to approve reallocation of Infrastructure Sales Surtax Funding from New Bridges Golden Gate Estates Project to the Bridge Replacement Project, in the amount of $26,000,000. OBJECTIVE: To approve reallocation of Infrastructure Sales Surtax Funding from New Bridges Golden Gate Estates Project to the Bridge Replacement Project, in the amount of $26,000,000. CONSIDERATIONS: The Surtax collection started 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 projects meet 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 New Bridges - Golden Gate Estates Mobility - Project and the Eleven Bridge Replacements Project were specifically identified within the Transportation Project category, and per Exhibit A were allocated $7,000,000 and $60,000,000, respectively. On 4/3/2019, Agenda Item # 8.A.1, the Surtax Committee validated expenditures for improvements for the replacement of eleven bridges in the Bridge Replacement Project in the amount of $35,434,846, of which $7,000,000 was earmarked as Surtax Funding. The preliminary cost estimate of the Bridge Replacement Project, determined in the planning phase prior to engineering services, was $23,000,000. It was originally anticipated that this Project would be funded with a combination of advanced gas tax funding and the $7,000,000 in infrastructure sales surtax funding. Through the design process, however, additional costs related to permitting requirements, environmental mitigation, and construction cost escalation have increased the construction cost estimate to $33,000,000. In addition, advance funding accumulated within the bridge program was reallocated to fund for the necessary cleanup and repairs that resulted from Tropical Cyclone Irma’s direct hit on September 10th, 2017. Many of these expenditures were non-reimbursable, and FEMA reimbursements for eligible expenses are currently pending. As a result, the anticipated level of advanced funding for the project is unavailable, and the current shortfall has increased to $26,000,000. To avoid debt service related to funding the shortfall, staff recommends the reallocation of $26,000,000 in surtax funding from the New Bridges Golden Gate Estates Project to the Bridge Replacement Project. Due to the age and condition of the 11 bridges identified for the Bridge Replacement Project, this project has taken priority. Design for the project has been completed and construction is anticipated to begin in the first quarter of FY 2021. The New Bridge Golden Gate Estates project is still in the planning stage and is not yet ready for Committee Review. FISCAL IMPACT: Reallocate $26,000,000 of infrastructure sales surtax funding from the New Bridges - Golden Gate Mobility - Project to the Eleven Bridge Replacements Project. 8.A.1 Packet Pg. 8 09/02/2020 Eleven Replacement Bridges New Bridges - Golden Gate Mobility Current Surtax Allocation 7,000,000$ 60,000,000$ Reallocation Amount 26,000,000$ (26,000,000)$ Revised Surtax Allocation 33,000,000$ 34,000,000$ GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this item. LEGAL CONSIDERATIONS: Ordinance 2018-21, Countywide Local Government Infrastructure Surtax, provides for citizen oversight. Section 7(g), Duties for members of the Infrastructure Surtax Citizen Oversight Committee, provides as follows: 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. This Committee has the responsibility to review the expenditure of Surtax proceeds. The Duties provide the Committee with flexibility to recommend expenditure of Surtax proceeds on projects not specifically stated herein as long as said projects are within the guidelines set forth in the statute and the Ordinance. The Committee may also make recommendations to reallocate the funds set forth in Exhibit A between authorized projects. This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: To approve reallocation of Infrastructure Sales Surtax Funding from New Bridges Golden Gate Estates to the Bridge Replacement Project, in the amount of $26,000,000. Prepared by: Gene Shue, Director, GMD Operations Support ATTACHMENT(S) 1. 01-Reallocation of Funding - Bridge Funding Request - PowerPoint (PPTX) 2. Reallocation of Bridge Funding - Project Checklist (PDF) 3. Infrastructure Surtax Statute (PDF) 4. Ordinance 2018-21 (PDF) 8.A.1 Packet Pg. 9 09/02/2020 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 8.A.1 Doc ID: 13221 Item Summary: To validate the proposed reallocation of Infrastructure Sales Surtax Funding from New Bridges Golden Gate Estates Project to the Bridge Replacement Project, in the amount of $26,000,000; 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 us e of Infrastructure Sales Surtax Funding. Meeting Date: 09/02/2020 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 08/13/2020 1:07 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 08/13/2020 1:07 PM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 08/13/2020 1:11 PM Growth Management Department Thaddeus Cohen Additional Reviewer Completed 08/18/2020 4:34 PM County Manager's Office Heather Yilmaz Additional Reviewer Completed 08/18/2020 5:01 PM County Manager's Office Geoffrey Willig Additional Reviewer Completed 08/20/2020 9:57 AM CMO Heather Yilmaz Review Item Completed 08/20/2020 4:39 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 09/02/2020 8:30 AM 8.A.1 Packet Pg. 10 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 11 Bridge Replacements Project Surtax Reallocation 1 11 Bridge Replacements Project Growth Management Department 8.A.1.a Packet Pg. 11 Attachment: 01-Reallocation of Funding - Bridge Funding Request - PowerPoint (13221 : Validate Objective To approve reallocation of Infrastructure Sales Surtax Funding from New Bridges Golden Gate Estates to the Bridge Replacement Project, in the amount of $26,000,000. 2Growth Management Department 11 Bridge Replacements Project 8.A.1.a Packet Pg. 12 Attachment: 01-Reallocation of Funding - Bridge Funding Request - PowerPoint (13221 : Validate 11 Bridge Replacements Project Project Manager: oMarlene Messam, PESTATUS: oFinal Growth Management Department 11 Bridge Replacements Project3 8.A.1.a Packet Pg. 13 Attachment: 01-Reallocation of Funding - Bridge Funding Request - PowerPoint (13221 : Validate History •The Florida Department of Tr ansportation provides biennial inspections of the County-owned Bridges. These inspections provide condition ratings which are then used to determine whether the structure needs to be repaired, rehabilitated or replaced. The condition ratings for the eleven (11) bridges indicate that they should be prioritized for replacement. •On September 8, 2016, the Board of County Commissioners advertised for professional services for the design and replacement of eleven (11) functionally obsolete and structural deficient bridges located on major arterials east of SR 29. •On July 11, 2017, the Board approved the professional services contract to begin the design phase. 4 11 Bridge Replacements ProjectGrowth Management Department 8.A.1.a Packet Pg. 14 Attachment: 01-Reallocation of Funding - Bridge Funding Request - PowerPoint (13221 : Validate History continued •On August 28, 2017, HNTB Engineering, Inc. was issued a Notice To Proceed. •November 13, 2017, the first public information meeting was convened at the UF/IFAS Southwest Florida Research and Education Center, Immokalee to inform stake holders and interested parties about the project. •On April 3, 2019, Agenda Item # 8.A.1 Surtax Committee Validated Expenditures in the amount of $35,434,846 of which $7,000,000 was earmarked as Surtax Funding •The design production is currently at the final phase, and all permits except for the USACE are in hand. 5 11 Bridge Replacements ProjectGrowth Management Department 8.A.1.a Packet Pg. 15 Attachment: 01-Reallocation of Funding - Bridge Funding Request - PowerPoint (13221 : Validate Considerations Exhibit A identified up to $7M for Bridge Replacement and $60M for New Bridges 11 Bridge Replacements Project6Growth Management Department 8.A.1.a Packet Pg. 16 Attachment: 01-Reallocation of Funding - Bridge Funding Request - PowerPoint (13221 : Validate Considerations •Initial Planning Phase Project Cost Estimated at $23,000,000 •Initial Funding Strategy Included Advanced Funding and $7,000,000 in Surtax Funding •Design Cost Estimate Increased to $33,000,000 •Permitting Requirements •Environmental Mitigation •Construction Cost Escalation •Tr opical Cyclone Irma •Bridge Program -Advanced Funding Reallocated to Cover Expenses for Cleanup/Repairs •Current Shortfall has Increased to $26,000,000 7 11 Bridge Replacements ProjectGrowth Management Department 8.A.1.a Packet Pg. 17 Attachment: 01-Reallocation of Funding - Bridge Funding Request - PowerPoint (13221 : Validate Fiscal Impact 11 Bridge Replacements Project8Growth Management Department 8.A.1.a Packet Pg. 18 Attachment: 01-Reallocation of Funding - Bridge Funding Request - PowerPoint (13221 : Validate Re co mmendation Recommendation to approve reallocation of Infrastructure Sales Surtax Funding from New Bridges Golden Gate Estates to the Bridge Replacement Project, in the amount of $26,000,000. 11 Bridge Replacements Project9Growth Management Department 8.A.1.a Packet Pg. 19 Attachment: 01-Reallocation of Funding - Bridge Funding Request - PowerPoint (13221 : 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.1.b Packet Pg. 20 Attachment: Reallocation of Bridge Funding - Project Checklist (13221 : Validate Expenditures for Reallocation of Bridge Funding) 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.1.c Packet Pg. 21 Attachment: Infrastructure Surtax Statute (13221 : Validate Expenditures for Reallocation of Bridge Funding) 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. 22 Attachment: Infrastructure Surtax Statute (13221 : Validate Expenditures for Reallocation of Bridge Funding) 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. 23 Attachment: Infrastructure Surtax Statute (13221 : Validate Expenditures for Reallocation of Bridge Funding) 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. 24 Attachment: Infrastructure Surtax Statute (13221 : Validate Expenditures for Reallocation of Bridge Funding) ORDINANCE NO. 2018- 21 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IMPOSING A COUNTYWIDE LOCAL GOVERNMENT INFRASTRUCTURE SURTAX OF ONE PERCENT (1%) ON ALL AUTHORIZED TAXABLE TRANSACTIONS OCCURRING WITHIN COLLIER COUNTY, AS AUTHORIZED BY SECTION 212.055(2), FLORIDA STATUTES, EFFECTIVE BEGINNING JANUARY 1, 2019, FOR A PERIOD OF UP TO SEVEN (7) YEARS OR UNTIL THE AGGREGATE FUNDS OF$490,000,000 ARE COLLECTED,WHICHEVER IS SOONER; PROVIDING THAT THE IMPOSITION OF THE SURTAX SHALL BE CONTINGENT ON APPROVAL AT A COUNTYWIDE REFERENDUM; PROVIDING FOR A WEBPAGE WHICH DETAILS THE PROPOSED PROJECTS FOR THE PUBLIC; PROVIDING FOR DISTRIBUTION OF SURTAX REVENUES AMONG THE COUNTY AND THE MUNICIPALITIES WITHIN THE COUNTY; PROVIDING FOR CITIZEN OVERSIGHT; PROVIDING BALLOT LANGUAGE AND DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A COUNTYWIDE PRECINCT REFERENDUM ELECTION ON NOVEMBER 6,2018. WHEREAS, Section 212.055(2),Florida Statutes, authorizes the Collier County Board of County Commissioners ("Board") to impose a 1.0 percent (1%) local government infrastructure surtax("Surtax")upon transactions occurring within Collier County("County")which are taxable under Chapter 212, Florida Statutes; and WHEREAS,a 1.0 percent(1%) Surtax would,under current State sales tax rates,result in a one cent (1¢) Surtax on each one dollar ($1.00) sale as specifically provided by law and will be applied to each fractional part of one dollar accordingly; and WHEREAS,the Surtax differs from the transactions subject to the State sales tax in that the local option sales tax base applies only to the first $5,000 of the purchase price of an item of taxable personal property while the State sales tax applies to the entire purchase price regardless of amount,pursuant to Section 212.054(2)(b)(1), Florida Statutes; and WHEREAS,the Surtax does not apply to certain groceries,medical products and supplies, fuel,and other specifically identified goods and services listed in Section 212.08,Florida Statutes; and Page 1 of 8 8.A.1.d Packet Pg. 25 Attachment: Ordinance 2018-21 (13221 : Validate Expenditures for Reallocation of Bridge Funding) WHEREAS, the funds derived from the imposition of the Surtax shall be distributed to the County and the municipalities of the County("Municipalities"),as set forth in Section 218.62, Florida Statutes, if no interlocal agreement is entered into; and WHEREAS, funds received from the Surtax authorized by Section 212.055(2), Florida Statutes,may be utilized by the County and Municipalities to finance,plan, construct,reconstruct, renovate and improve needed infrastructure,as defined in Section 212.055(2)(d), Florida Statutes; and WHEREAS,the County and the Municipalities are presently without sufficient fiscal and monetary resources to adequately fund their infrastructure needs; and WHEREAS,adequate public infrastructure facilities of the types herein described promote the safe, efficient and uninterrupted provision of numerous essential public services provided by the County and the Municipalities, including but not limited to roads,bridges, signals, sidewalks, parks, evacuation shelters, governmental facilities, including emergency services facilities; acquiring land and construction for workforce housing and career and technical training,veterans' nursing home and expand mental health facilities; and WHEREAS, a brief description of the projects to be funded is set forth in the ballot language contained in this Ordinance and a more specific list of projects to be funded is attached hereto as Exhibit A; and WHEREAS, the County and the Municipalities shall establish a citizen oversight committee to provide for citizen review of the expenditure of Surtax proceeds. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida,that: SECTION ONE. Incorporation of Recitals. The above recitals are true and correct and are hereby incorporated by reference. Page 2 of 8 8.A.1.d Packet Pg. 26 Attachment: Ordinance 2018-21 (13221 : Validate Expenditures for Reallocation of Bridge Funding) SECTION TWO. Imposition of Local Government Infrastructure Surtax. There is hereby imposed a one percent (1%) local government infrastructure surtax Surtax") upon all authorized taxable transactions occurring within the County. SECTION THREE. Administration, Collection and Distribution of Proceeds. The Surtax shall be administered,collected,and enforced in accordance with the provisions of Section 212.054, Florida Statutes, and the rules promulgated by the Florida Department of Revenue. The proceeds of the Surtax shall be distributed by the Department of Revenue directly to the County and Municipalities, in accordance with Section 218.62, Florida Statutes. SECTION FOUR. Referendum Election. a) The Surtax imposed in Section Two hereof shall not take effect unless and until approved by a majority of the electors of the County voting in a countywide precinct referendum election on the Surtax. b) The Collier County Supervisor of Elections is hereby directed to hold such countywide precinct referendum election on November 6,2018. c) The Collier County Supervisor of Elections shall cause the following proposition to be placed on the ballot: COLLIER COUNTY AND MUNICIPAL INFRASTRUCTURE ONE-CENT SALES SURTAX To enhance safety, mobility, and hurricane preparedness in Collier County and its cities by constructing, repairing, and maintaining roads, bridges, signals, sidewalks, parks, evacuation shelters, governmental and emergency services facilities; acquire land and support construction for workforce housing and career and technical training,veterans'nursing home and expand mental health facilities; shall the County levy a one-cent sales surtax beginning January 1, 2019 and automatically ending December 31, 2025, with oversight by citizen committee? FOR THE ONE-CENT SALES TAX AGAINST THE ONE-CENT SALES TAX Page 3 of 8 8.A.1.d Packet Pg. 27 Attachment: Ordinance 2018-21 (13221 : Validate Expenditures for Reallocation of Bridge Funding) SECTION FIVE. Advertisement and Webpage. The Collier County Clerk of Court shall insure that notice of this referendum be advertised in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall be provided to the Chair of the Board. Upon adoption of this Ordinance, the County shall create a webpage available to the public on the County's main website which details the proposed projects to be funded by the Surtax,as well as the particulars regarding the imposition and collection of the Surtax. SECTION SIX.Expiration Date; Survival of Certain Restricted Uses. a) Sunset. In all events,this Ordinance shall be in effect only through December 31, 2025. It shall sunset and expire thereafter,without further action by the Board and the electors, at which time it shall be deemed repealed and of no further force and effect, and the Surtax levied hereunder shall terminate. Alternatively,this Ordinance shall sunset on December 31 st of any year during the term of this Ordinance in the event that the total aggregate distributions of Surtax proceeds equal or exceed the amount of$490,000,000 at any time during that calendar year, in which event the Board shall take necessary action to repeal this Ordinance and notify the Florida Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the following year. b) Survival of restrictions on use of Surtax proceeds. Notwithstanding the provisions of subsection (a) for the expiration and repeal of this Ordinance, so long as any Surtax proceeds shall remain unspent, the restrictions hereby imposed concerning the distribution and use of such Surtax proceeds as well as the proceeds of any borrowings payable from Surtax proceeds, and all interest and other investment earnings on either of them shall survive such expiration and repeal and shall be fully enforceable in a court of competent jurisdiction. SECTION SEVEN. Infrastructure Surtax Citizen Oversight Committee. a) Creation. Upon the approval of the Surtax by the electors of Collier County, the Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee("Committee") to provide for citizen review of the expenditure of the Surtax proceeds by the County, as soon as Page 4 of 8 8.A.1.d Packet Pg. 28 Attachment: Ordinance 2018-21 (13221 : Validate Expenditures for Reallocation of Bridge Funding) possible after the Surtax becomes effective,but not later than the date on which the funds are first expended. The Committee shall serve as an ad hoc advisory and reporting body to the County. b) Composition. The Committee shall be comprised of seven (7) members. There shall be one(1)member appointed from each County District,and two(2)at-large members. Upon confirmation that said individuals meet the requirements herein, the Board shall appoint said individuals to this Committee. Appointment of positions, unless otherwise stated herein, shall be governed by Collier County Ordinance No. 2001-55, as may be amended, or by its successor ordinance. c) Membership Qualifications. All members shall have the following qualifications: 1) Member shall be a resident of Collier County; 2) Member shall not be an elected official; 3) Member shall not be a current employee of any governmental body within Collier County; 4) Special consideration shall be given to nominees that have financial or business management backgrounds and experience; and 5) Member shall meet the qualifications set forth in Collier County Ordinance No. 2001-55, as may be amended or its successor ordinance. d) Term. The initial terms for the at-large seats shall be one year;the remainder of the at-large terms shall be for two years or until the Committee sunsets. The initial terms and all terms thereafter for each District seat shall be for two years or until the Committee sunsets. All members shall be eligible for reappointment upon the expiration of their term. Upon resignation or removal of a member from a seat, that seat will be filled for the remainder of its term. e) Removal. Removal of members from the Committee shall be in accordance with the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor ordinance. Page 5 of 8 8.A.1.d Packet Pg. 29 Attachment: Ordinance 2018-21 (13221 : Validate Expenditures for Reallocation of Bridge Funding) f) Sunset. The Committee shall sunset and terminate without further action by the Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the County. At its final meeting after the Surtax proceeds have been expended, the Committee shall prepare a final report to the Board with its findings and recommendations. g) Duties. The Committee shall have the responsibility to review the expenditure of Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The Board may expend proceeds of the Surtax on projects not specifically stated herein or in the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2) have a positive recommendation by this Committee,and(3)fall within the projects and categories identified. The Committee shall not recommend alternative projects, unless requested by the Board. h) Officer; Meetings; Quorum; Rules of Procedure. 1) Annually the members of the Committee shall elect a chairperson and vice chairperson from among the members. The chairperson's and vice chairperson's terms in such positions shall be for one(1)year with eligibility for re-election by the members of the Committee. 2) The Committee shall meet monthly, or as otherwise needed to fulfill their duties and responsibilities. 3) The presence of at least five (5) members shall constitute a quorum of the Committee necessary to take action and transact business. In addition, an affirmative vote of a super majority (majority present plus one) shall be necessary in order to take official action. Furthermore,by simple majority vote,but never with less than 5 members present,the Committee shall adopt rules of procedure for its meetings, and thereafter shall be governed by its procedures, as amended from time to time. 4) The Committee shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board. The Committee shall submit an annual report of its findings and recommendations to the Board. Page 6 of 8 8.A.1.d Packet Pg. 30 Attachment: Ordinance 2018-21 (13221 : Validate Expenditures for Reallocation of Bridge Funding) i) Reimbursement of Expenses. Committee members shall receive no compensation for the performance of their duties, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval by the Board. j) Duties of the County Manager's Office. The County Manager's Office will provide such documentation, information, descriptions of procedures, secretarial support and general assistance to the Committee as may be necessary for the Committee to carry out its functions as set forth herein. k) The Committee, its members, and all its proceedings shall be governed by and comply with the provisions of the Florida Sunshine Law,Chapter 286,Florida Statutes,the Florida Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112, Florida Statutes, and all other applicable local or state statutes, ordinances, or rules. SECTION EIGHT. Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE. Inclusion in The Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or any other appropriate word. SECTION TEN. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. Page 7 of 8 8.A.1.d Packet Pg. 31 Attachment: Ordinance 2018-21 (13221 : Validate Expenditures for Reallocation of Bridge Funding) PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this Ze4\ day of r\\ 2018. ATTEST:BOARD OF COUNTY COMMISSIONERS DWIGHT E.,BROCK, Clerk COLLIER P I TY, FLO' !! • By---. 1 A A B Attest as to Chairman's' Deputy Cle IOWAndy Solis, Chairman signature only. Appro 1;,d -- ! rm and legality: 41111 , Jeffrey • r ow, County Attorney This ordinance filed with the Secretary of St tkensOffice v4lo ''day of _ and acknowledgement otf that filing eceived this dayy of _ L. 49 By __ _ tout tk Page 8 of 8 8.A.1.d Packet Pg. 32 Attachment: Ordinance 2018-21 (13221 : Validate Expenditures for Reallocation of Bridge Funding) i. 2222222222222 2 22E22222 s4Ix000000000 ° coo o Oo 00000p sU _ t0 v- 4 ri r; r; 4 co 0 0 01 ri o o ai ari eo O ui o o ui p sa I W r• N 4n 44 + A 0) c0 v M c et U) M a- EA O TN r? N N N N t 44 44 44 U) r ER U) 44 to Ili fA 44 u 44 fitt M a sN 2 222222222222 2 22222222 00000000. 00000 0 0 0 0 0 0 0 0 0 as N 4 ri r• ti 4 co0 0; pi o u; ai ft; so o is; o o co ,. 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CO X d F- Z sp 4• W 03 G Z n Z W 0 0 > ; 2 tp 8.A.1.d Packet Pg. 33 Attachment: Ordinance 2018-21 (13221 : Validate Expenditures for Reallocation of Bridge Funding) ofTY, Sr FIk y 1 ei I 614,Ka.Ce.'' FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 26, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-21, which was filed in this office on April 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 8.A.1.d Packet Pg. 34 Attachment: Ordinance 2018-21 (13221 : Validate Expenditures for Reallocation of Bridge Funding) 09/02/2020 EXECUTIVE SUMMARY To validate the expenditures for the design and construction of the New Chiller Plant - Building K; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. OBJECTIVE: To validate the proposed expenditures for the design and construction of the New Chiller Plant - Building K. CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in County Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure occurred after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is in line with County Ordinance 2018-21. There were 3 main categories of projects identified in Ordinance 2018-21 Transportation Projects, Facilities & Capital Replacements, and Community Priorities. The design and construction of the New Chiller Plant - Building K 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 ot her professional and related costs required to bring the public facilities into service.” The Chiller Plant, Building K, was constructed in 1987, expanded in 1993, and later renovated in both 2003 and 2007 and has had numerous mechanical upgrades over the years. This Chiller Plant is currently the source for cooling in over 800,000 sf. of space throughout most of the main campus including the following: Human Resources B Tax Collector / Procurement C1/C2 Risk Management / Jail Visitation D Administrative Services F Health Department H Sheriffs Administration/Jail Building J1/J2 (via by-pass) Jail Addition J3 Courthouse L Annex L-1 Facilities Management W These buildings represent over $240 million worth of Capital assets that service thousands of employees and residents of Collier County daily. Similar to the approved Surtax projects for the switchgear upgrade and the underground chilled water replacement, the Chiller Plant - Building K is overdue for a complete redesign and replacement. This is the next step in our Master MEP Plan for the Main Campus. While the past renovations and changes to the Chiller Plant mechanical systems have been effective in the short term, they have only served as stopgap measures. This has been primarily due to the limited funds available at the time. The most recent outages and breakdowns are an indication of more problems to follow that we need to 8.B.1 Packet Pg. 35 09/02/2020 address now with a permanent solution. Recent repair and maintenance costs have exceeded $350,000 in the past 6 months with an additional $400,000 pending. When required, Chiller rental cost alone can exceed $60,000 per month. The design and construction of the New Chiller Plant - Building K will provide the latest in mechanical equipment and technology for the Main Campus with an additional 900-tons of capacity to meet the new building loads, occupant demands, and future growth. In addition, this will provide cost -effective solutions for safety, reliability, flexibility, and redundancy that is incumbent on a campus-wide Chiller Plant. The estimated annual savings for operating the New Chiller Plant - Building K will exceed $360,000 per year. Additionally, we are pursuing grant funding from FPL which is anticipated to be more than $500,000. 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 New Generator New Chiller Construction Cost* Total Project $800,000 $1,200,000 $1,500,000 $8,000,000 (includes escalation) $11,500,000 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 8.B.1 Packet Pg. 36 09/02/2020 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: John McCormick, P.E., Principal Project Manager, Facilities Management ATTACHMENT(S) 1. New Chiller Plant Building K - PowerPoint (PPTX) 2. New Chiller Plant Building K - Project Checklist (PDF) 3. Infrastructure Surtax Statute (PDF) 4. Ordinance 2019-46 (PDF) 8.B.1 Packet Pg. 37 09/02/2020 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 8.B.1 Doc ID: 13146 Item Summary: To validate the expenditures for the design and construction of the New Chiller Plant – Building K; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018 -21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. Meeting Date: 09/02/2020 Prepared by: Title: – Facilities Management Name: Elizabeth Torres 08/10/2020 3:10 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 08/10/2020 3:10 PM Approved By: Review: Public Utilities Department Dan Rodriguez Additional Reviewer Completed 08/12/2020 2:53 PM Facilities Management Damon Grant Director - Facilities Completed 08/13/2020 2:11 PM Administrative Services Department Michael Cox Additional Reviewer Completed 08/19/2020 10:31 AM County Manager's Office Heather Yilmaz Review Item Completed 08/19/2020 12:06 PM County Manager's Office Geoffrey Willig Additional Reviewer Completed 08/24/2020 10:40 AM CMO Heather Yilmaz Review Item Completed 08/24/2020 12:27 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 09/02/2020 8:30 AM 8.B.1 Packet Pg. 38 Prepared By: John McCormick,P.E.Principal Project Manager Validation of Expenditures for New Chiller Plant –Building K Project # 50214 1 New Chiller Plant –Building K Public Utilities Department 8.B.1.a Packet Pg. 39 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Project Site Location Public Utilities Department New Chiller Plant –Building K 2 8.B.1.a Packet Pg. 40 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Project History o The Chiller Plant, Building K, was constructed in 1987, expanded in 1993, and later renovated in both 2003 and 2007 and has had numerous mechanical upgrades over the years. This Chiller Plant is currently the source for cooling in over 800,000 sf. of space throughout most of the main campus including the following: o These buildings represent over $240 million worth of Capital assets that service thousands of employees and residents of Collier County daily. Public Utilities Department New Chiller Plant –Building K 3 Human Services (B) Jail Addition (J3) Ta x Collector / Procurement (C1/C2)Sheriffs Administration / Jail Building (J1/J2 via bi-pass) Risk Management / Jail Visitation (D)Courthouse (L) Administrative Services (F)Annex (L-1) Health Department (H)Fa cilities Management (W) 8.B.1.a Packet Pg. 41 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Project History o Similar to the approved and recently initiated Surtax Projects for the Campus Switchgear Upgrade and the Campus Underground Chilled Waterline Replacement, the Chiller Plant is overdue for a complete redesign and replacement. This is the next step in our Master MEP Plan for the Main Campus. o While the past renovations and changes to the Chiller Plant mechanical systems have been effective in the short term, they have only served as stopgap measures. This has been primarily due to the limited funds available at the time. o The most recent outages and breakdowns are an indication of more problems to follow that we need to address now with a permanent solution. o Recent repair and maintenances costs have exceeded $350,000 in the past 6 months with an additional $400,000 pending. When required, Chiller rental cost alone can exceed $60,000 per month. Public Utilities Department New Chiller Plant –Building K 4 8.B.1.a Packet Pg. 42 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Project Site Location Public Utilities Department New Chiller Plant –Building K 5 8.B.1.a Packet Pg. 43 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) New Chiller Plant –Building K Public Utilities Department Main Campus Master MEP Plan Correlation of Current Projects Energy Master Plan Switchgear Underground Chilled Water New Chiller Plant Building Upgrades Building H Building F Building Automation Controls Assessment NAE JCI / Replacement Reliable Building Automation / Indoor Air Quality 6 Current Project Under Consideration Completed Completed In ProgressIn ProgressIn Progress 8.B.1.a Packet Pg. 44 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Public Utilities Department New Chiller Plant –Building K 7 Human Services (B) Ta x Collector / Procurement (C1/C2) Risk Management / Jail Visitation (D) Administrative Services (F) Health Department (H) Jail Addition (J3) Sheriffs Administration / Jail Building (J1/J2 via bi-pass) Courthouse (L) Annex (L-1) Facilities Management (W) Bldg K 8.B.1.a Packet Pg. 45 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) New Chiller Plant –Building K Bldg K 8 Switchgear A,B,K Upgrade Surtax Project 50188 Human Services (B) Ta x Collector / Procurement (C1/C2) Risk Management / Jail Visitation (D) Administrative Services (F) Health Department (H) Jail Addition (J3) Sheriffs Administration / Jail Building (J1/J2 via bi-pass) Courthouse (L) Annex (L-1) Facilities Management (W) Underground Chilled Water Piping Mains Surtax Project 50189 8.B.1.a Packet Pg. 46 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Project Objectives o Design and build an efficient and dependable Chilled Wa ter Plant to meet the current and future needs of the Main Campus of Collier County Government. o Provide for increased capacity and redundancy in our chilled water systems. o New Chiller Plant will be fitted with the latest control technology and utilize best practices in energy management which will help to minimize environmental impact. o Provide for a Chilled Water Plant with less maintenance demands and fail-safe operations. o Simplify the general mechanical systems of the Chiller plant and equipment and significantly reduce opportunities for operational failure. Public Utilities Department New Chiller Plant –Building K 9 8.B.1.a Packet Pg. 47 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Project Objectives o Tr ansform Building K into an electrical services building and provide the required separation of the chilled water systems for increased safety and accessibility. o The design and construction of the New Chiller Plant –Building K will provide the latest in mechanical equipment and technology for the Main Campus with an additional 900-tons of capacity to meet the new building loads, occupant demands, and future growth. o In addition, this will provide cost-effective solutions for safety, reliability, flexibility, and redundancy that is incumbent on a campus-wide Chiller Plant. o The estimated annual savings for operating the New Chiller Plant –Building K will exceed $360,000 per year. o Additionally, we are pursuing grant funding through FPL which is anticipated to be in excess of $500,000. Public Utilities Department New Chiller Plant –Building K 10 8.B.1.a Packet Pg. 48 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Thermal Energy Storage Ta nk New 4 (500-ton) Air Cooled Chillers in place of Fafco ice tanks. 2500 kW diesel generator plus tanks serving J1/J2 Pump House New Gas Generator All Calmac ice tanks to be removed All cooling towers to be removed from building K roof Solar Shade Canopy Roof Above 8.B.1.a Packet Pg. 49 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) New Chiller Plant will isolate FPL’s vault and switchgear in building K from the chillers, associated pumps and piping. 8.B.1.a Packet Pg. 50 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Existing Chiller Plant: Water-cooled chillers, Cooling towers , Ice sto ra ge w/glyco l and H/X New Chiller Plant –Building K 13Public Utilities Department 8.B.1.a Packet Pg. 51 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) New Chiller Plant –Building K Public Utilities Department Proposed Chiller Plant: Air-co oled chillers with TES chilled water sto ra ge tank 14 8.B.1.a Packet Pg. 52 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) New Chiller Plant –Building K 15Public Utilities Department Renderings of proposed New Chiller Plant 8.B.1.a Packet Pg. 53 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) New Chiller Plant –Building K 16Public Utilities Department Renderings of proposed New Chiller Plant 8.B.1.a Packet Pg. 54 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) New Chiller Plant –Building K 17Public Utilities Department Renderings of proposed New Chiller Plant 8.B.1.a Packet Pg. 55 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) New Chiller Plant –Building K 18Public Utilities Department Renderings of proposed New Chiller Plant 8.B.1.a Packet Pg. 56 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) TES Tank Daily Operation o Thermal energy (chilled water) is produced during periods of off-peak electrical demand (or usage), collected in a thermal energy storage tank, then withdrawn and distributed to the facility during on peak periods. New Chiller Plant –Building K Public Utilities Department 19 8.B.1.a Packet Pg. 57 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) TES Tank Load Pro file o Refer to the illustrations to the right. o The top indicating traditional cooling methods. o The bottom indicating thermal energy storage cooling methods. o TES allows a shift in the cooling load to off-peak hours and lowering the demand rate. o For this Chiller Plant Renovation project using TES, see chart below for the rates we could expect: Public Utilities Department New Chiller Plant –Building K 20 8.B.1.a Packet Pg. 58 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Project Summary / Financials o New Chiller Plant –Building K Design:$ 800,000 New Generator(s):$ 1,200,000 New Chillers:$ 1,500,000 Construction:$ 8,000,000 * To tal $11,500,000 * Includes escalation Public Utilities Department New Chiller Plant –Building K 21 8.B.1.a Packet Pg. 59 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Pro ject Schedules / Status Public Utilities Department New Chiller Plant –Building K 22 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 RP S Design Prof essional Oct-20 Ma r-21 De sign Apr-21 Se p-21 Permi tti ng Jul -21 Se p-21 Procurement &Award Jul -21 Ma r-22 Constructi on Apr-22 Jun-23 2022 2023 ACTIVITY START FINISH 20212020 8.B.1.a Packet Pg. 60 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Fiscal Impact 23Public Utilities Department New Chiller Plant –Building K Current Funding Current Shortfall 7-Year Sales Tax Transportation $289.0 M $87.0 M $202.0 M $191.0 M Vanderbilt Beach Rd Extension - Collier Blvd to 8th/16th $100.0 M $26.0 M $74.0 M $74.0 M Pine Ridge Rd, Livingston Rd $31.0 M $8.0 M $23.0 M $23.0 M Bridge Replacements (11)$23.0 M $16.0 M $7.0 M $7.0 M Randall intersection $14.0 M $7.0 M $7.0 M $7.0 M Airport Rd - Widening from vanderbilt to Immokalee $17.0 M $13.0 M $4.0 M $4.0 M Triangle Blvd $6.0 M $6.0 M $6.0 M New Bridges - Golden Gate Estates Mobility (11) $88.0 M $17.0 M $71.0 M $60.0 M Sidewalks $10.0 M $10.0 M $10.0 M Facilities and Capital Replacements $192.0 M $43.0 M $149.0 M $139.0 M Forensic/Evidence Building $33.0 M $33.0 M $33.0 M Big Corkscrew Island Regional Park $60.0 M $20.0 M $40.0 M $40.0 M DAS Shelter improvements/Replacement $6.0 M $6.0 M $6.0 M HVAC, Roofing, and Capital Equipment Replacements at Sheriff's & County facilities $62.0 M $23.0 M $39.0 M $39.0 M Hurricane Resilience $25.0 M $25.0 M $15.0 M EMS Substations $6.0 M $6.0 M $6.0 M Community Priorities $100.0 M $100.0 M $90.0 M Career and Technical Training Center $15.0 M $15.0 M $15.0 M VA Nursing Home $40.0 M $40.0 M $30.0 M Workforce Housing Land Trust Fund $20.0 M $20.0 M $20.0 M Mental Health Facility $25.0 M $25.0 M $25.0 M Grand Total $581.0 M $130.0 M $451.0 M $420.0 M Total Estimated Cost 8.B.1.a Packet Pg. 61 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Project Funding Estimate Public Utilities Department New Chiller Plant –Building K 24 $39 M $20.8 M $11.5 M $0 $5 $10 $15 $20 $25 $30 $35 $40 $45 7-Year Sales Tax Validated Total Estimated Cost New Chiller Plant -Building K 8.B.1.a Packet Pg. 62 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building K) Re co mmendation o To validate the expenditures for the New Chiller Plant –Building K; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. Public Utilities Department New Chiller Plant –Building K 25 8.B.1.a Packet Pg. 63 Attachment: New Chiller Plant Building K - PowerPoint (13146 : New Chiller Plant - Building 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.1.b Packet Pg. 64 Attachment: New Chiller Plant Building K - Project Checklist (13146 : New Chiller Plant - Building K) 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. 65 Attachment: Infrastructure Surtax Statute (13146 : New Chiller Plant - Building K) 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. 66 Attachment: Infrastructure Surtax Statute (13146 : New Chiller Plant - Building K) 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. 67 Attachment: Infrastructure Surtax Statute (13146 : New Chiller Plant - Building K) 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. 68 Attachment: Infrastructure Surtax Statute (13146 : New Chiller Plant - Building K) 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. 69 Attachment: Ordinance 2019-46 (13146 : New Chiller Plant - Building K) 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. 70 Attachment: Ordinance 2019-46 (13146 : New Chiller Plant - Building K) 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. 71 Attachment: Ordinance 2019-46 (13146 : New Chiller Plant - Building K) 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. 72 Attachment: Ordinance 2019-46 (13146 : New Chiller Plant - Building K) 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.1.d Packet Pg. 73 Attachment: Ordinance 2019-46 (13146 : New Chiller Plant - Building K) 09/02/2020 EXECUTIVE SUMMARY To validate the expenditures for the design and construction of Emergency Medical Services (EMS) Station 74 in Golden Gate Estates; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. OBJECTIVE: To validate the proposed expenditures for the design and construction of EMS Station 74 in Golden Gate Estates. 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 Medical Services (EMS) Station 74 in Golden Gate Estates was specifically identified within the Facilities & Capital Replacements category. Additionally, emergency services facilities were included in the ballot language within Exhibit A of the ordinance. The design and construction of EMS Station 74 in Golden Gate Estates 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 design and construction of EMS Station 74 in Golden Gate Estates is included in Emergency Medical Services Annual Update and Inventory Report (AUIR) growth plan. The AUIR identified the need for a new station at this location to address growth and development in the Golden Gate Estates area. For every 16,900 increase in population, EMS adds a station to maintain the adopted level of service for the County of 8 minutes or less in urban areas and 12 minutes or less in rural areas 90% of the time. This new station located at the Southwest corner of Golden Gate Boulevard and Desoto Boulevard will be a partnership between Collier County EMS, Greater Naples Fire District and the North Naples Fire District in order to enhance each organizations ability to serve the residents in the Golden Gate Estates area and improve coverage and response times through better coordination. FISCAL IMPACT: Exhibit A identified up to $6M for the total EMS Expansion Plan project, the costs for Design and Construction are actual and estimated below. Design Construction Cost* Total Phase I $300,000 $2,200,000 (estimate) $2,500,000 *Collier County Surtax Funded Portion 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 8.B.2 Packet Pg. 74 09/02/2020 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 comm ercial 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 8.B.2 Packet Pg. 75 09/02/2020 -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: Tony Barone, Senior Project Manager, Facilities Management ATTACHMENT(S) 1. EMS 74 Golden Gate Estates - PowerPoint (PPTX) 2. EMS 74 Golden Gate Estates - Checklist (PDF) 3. Infrastructure Surtax Statute (PDF) 4. Ordinance 2019-46 (PDF) 5. Ordinance 2018-21 (PDF) 8.B.2 Packet Pg. 76 09/02/2020 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 8.B.2 Doc ID: 13155 Item Summary: To validate the expenditures for the design and construction of Emergency Medical Services (EMS) Station 74 in Golden Gate Estates; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. Meeting Date: 09/02/2020 Prepared by: Title: – Facilities Management Name: Elizabeth Torres 08/11/2020 4:49 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 08/11/2020 4:49 PM Approved By: Review: Public Utilities Department Dan Rodriguez Additional Reviewer Completed 08/12/2020 3:22 PM Facilities Management Damon Grant Director - Facilities Completed 08/13/2020 2:12 PM County Manager's Office Heather Yilmaz Review Item Completed 08/18/2020 4:24 PM Administrative Services Department Michael Cox Additional Reviewer Completed 08/19/2020 10:25 AM County Manager's Office Geoffrey Willig Additional Reviewer Completed 08/20/2020 10:32 AM Facilities Management Elizabeth Torres Review Item Skipped 08/24/2020 9:59 AM CMO Heather Yilmaz Review Item Completed 08/24/2020 10:00 AM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 09/02/2020 8:30 AM 8.B.2 Packet Pg. 77 Prepared By: Tony Barone,Senior Project Manager Validation of Expenditures for EMS 74 Golden Gate Estates Project # 55212 1 EMS 74 Golden Gate Estates Station Public Utilities Department 8.B.2.a Packet Pg. 78 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) Project Histo ry 2Public Utilities Department o The design and construction of EMS Station 74 in Golden Gate Estates is included in Emergency Medical Services Annual Update and Inventory Report (AUIR)growth plan. o The AUIR identified the need for a new station at this location to address growth and development in the Golden Gate Estates area. EMS 74 Golden Gate Estates Station 8.B.2.a Packet Pg. 79 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) Project History o For every 16,900 increase in population,EMS adds a station to maintain the adopted level of service for the County of 8 minutes or less in urban areas and 12 minutes or less in rural areas 90%of the time. o This new station located at the Southwest corner of Golden Gate Boulevard and Desoto Boulevard will be a partnership between Collier County EMS,Greater Naples Fire District and the North Naples Fire District in order to enhance each organizations ability to serve the residents in the Golden Gate Estates area and improve coverage and response times through better coordination. 3Public Utilities Department EMS 74 Golden Gate Estates Station 8.B.2.a Packet Pg. 80 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) Public Utilities Department EMS 74 Golden Gate Estates Station Project Site Location 4 8.B.2.a Packet Pg. 81 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) Project Site Location 5Public Utilities Department EMS 74 Golden Gate Estates Station 8.B.2.a Packet Pg. 82 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) Public Utilities Department EMS 74 Golden Gate Estates Station 6 8.B.2.a Packet Pg. 83 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) Conceptual Site Plan Fire District / EMS Station 8.B.2.a Packet Pg. 84 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) Public Utilities Department Coordinated Design 8EMS 74 Golden Gate Estates Station 8 8.B.2.a Packet Pg. 85 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) o To design and construct a new EMS station that meets the current Annual Update and Inventory Report (AUIR)requirements for the Golden Gate Estates area. o Improve cooperation with the local Fire Districts. o Enhance response times for the Golden Gate Estates area to meet County standards. Project Objectives Public Utilities Department 9 EMS 74 Golden Gate Estates Station 8.B.2.a Packet Pg. 86 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) o EMS 74 Golden Gate Estates: Design:$ 300,000 Construction:$ 2,200,000 (Estimate) Total $ 2,500,000 * *Collier County Surtax Funded Portion Project Summary / Financials Public Utilities Department 10 EMS 74 Golden Gate Estates Station 8.B.2.a Packet Pg. 87 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) Project Schedules / Status Public Utilities Department 11 EMS 74 Golden Gate Estates Station Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Property Acqui siti on /Zoning Jan-20 Jun-20 US Army Corps Pe rmi tti ng Apr-20 Jun-21 De sign /En gine ering Oct-20 Jun-21 Pe rmi tti ng Apr-21 Jun-21 Procure me nt Apr-21 Se p-21 Constructi on Oct-21 De c-22 2021 2022 ACTIVITY START FINISH 2020 8.B.2.a Packet Pg. 88 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) Fiscal Impact Public Utilities Department 12 EMS 74 Golden Gate Estates Station Current Funding Current Shortfall 7-Year Sales Tax Transportation $289.0 M $87.0 M $202.0 M $191.0 M Vanderbilt Beach Rd Extension -Collier Blvd to 8th/16th $100.0 M $26.0 M $74.0 M $74.0 M Pine Ridge Rd, Livingston Rd $31.0 M $8.0 M $23.0 M $23.0 M Bridge Replacements (11)$23.0 M $16.0 M $7.0 M $7.0 M Randall intersection $14.0 M $7.0 M $7.0 M $7.0 M Airport Rd -Widening from vanderbilt to Immokalee $17.0 M $13.0 M $4.0 M $4.0 M Triangle Blvd $6.0 M $6.0 M $6.0 M New Bridges -Golden Gate Estates Mobility (11) $88.0 M $17.0 M $71.0 M $60.0 M Sidewalks $10.0 M $10.0 M $10.0 M Facilities and Capital Replacements $192.0 M $43.0 M $149.0 M $139.0 M Forensic/Evidence Building $33.0 M $33.0 M $33.0 M Big Corkscrew Island Regional Park $60.0 M $20.0 M $40.0 M $40.0 M DAS Shelter improvements/Replacement $6.0 M $6.0 M $6.0 M HVAC, Roofing, and Capital Equipment Replacements at Sheriff's & County facilities $62.0 M $23.0 M $39.0 M $39.0 M Hurricane Resilience $25.0 M $25.0 M $15.0 M EMS Substations $6.0 M $6.0 M $6.0 M Community Priorities $100.0 M $100.0 M $90.0 M Career and Technical Training Center $15.0 M $15.0 M $15.0 M VA Nursing Home $40.0 M $40.0 M $30.0 M Workforce Housing Land Trust Fund $20.0 M $20.0 M $20.0 M Mental Health Facility $25.0 M $25.0 M $25.0 M Grand Total $581.0 M $130.0 M $451.0 M $420.0 M Total Estimated Cost 8.B.2.a Packet Pg. 89 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) Project Funding Estimate Public Utilities Department 13 EMS 74 Golden Gate Estates Station $6 M $2.2 M $2.5 M $0 $1 $2 $3 $4 $5 $6 $7 7-Year Sales Tax Validated Total Estimated Cost EMS 74 Golden Gate Estates 8.B.2.a Packet Pg. 90 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) Re co mmendation o To validate the expenditures for the design and construction of EMS Station 74 in Golden Gate Estates; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. Public Utilities Department 14 EMS 74 Golden Gate Estates Station 8.B.2.a Packet Pg. 91 Attachment: EMS 74 Golden Gate Estates - PowerPoint (13155 : EMS Station 74 Golden Gate Estates) 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. 92 Attachment: EMS 74 Golden Gate Estates - Checklist (13155 : EMS Station 74 Golden Gate Estates) 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. 93 Attachment: Infrastructure Surtax Statute (13155 : EMS Station 74 Golden Gate Estates) 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. 94 Attachment: Infrastructure Surtax Statute (13155 : EMS Station 74 Golden Gate Estates) 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. 95 Attachment: Infrastructure Surtax Statute (13155 : EMS Station 74 Golden Gate Estates) 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. 96 Attachment: Infrastructure Surtax Statute (13155 : EMS Station 74 Golden Gate Estates) 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. 97 Attachment: Ordinance 2019-46 (13155 : EMS Station 74 Golden Gate Estates) 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. 98 Attachment: Ordinance 2019-46 (13155 : EMS Station 74 Golden Gate Estates) 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. 99 Attachment: Ordinance 2019-46 (13155 : EMS Station 74 Golden Gate Estates) 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.2.d Packet Pg. 100 Attachment: Ordinance 2019-46 (13155 : EMS Station 74 Golden Gate Estates) 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.2.d Packet Pg. 101 Attachment: Ordinance 2019-46 (13155 : EMS Station 74 Golden Gate Estates) ORDINANCE NO. 2018- 21 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IMPOSING A COUNTYWIDE LOCAL GOVERNMENT INFRASTRUCTURE SURTAX OF ONE PERCENT (1%) ON ALL AUTHORIZED TAXABLE TRANSACTIONS OCCURRING WITHIN COLLIER COUNTY, AS AUTHORIZED BY SECTION 212.055(2), FLORIDA STATUTES, EFFECTIVE BEGINNING JANUARY 1, 2019, FOR A PERIOD OF UP TO SEVEN (7) YEARS OR UNTIL THE AGGREGATE FUNDS OF$490,000,000 ARE COLLECTED,WHICHEVER IS SOONER; PROVIDING THAT THE IMPOSITION OF THE SURTAX SHALL BE CONTINGENT ON APPROVAL AT A COUNTYWIDE REFERENDUM; PROVIDING FOR A WEBPAGE WHICH DETAILS THE PROPOSED PROJECTS FOR THE PUBLIC; PROVIDING FOR DISTRIBUTION OF SURTAX REVENUES AMONG THE COUNTY AND THE MUNICIPALITIES WITHIN THE COUNTY; PROVIDING FOR CITIZEN OVERSIGHT; PROVIDING BALLOT LANGUAGE AND DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A COUNTYWIDE PRECINCT REFERENDUM ELECTION ON NOVEMBER 6,2018. WHEREAS, Section 212.055(2),Florida Statutes, authorizes the Collier County Board of County Commissioners ("Board") to impose a 1.0 percent (1%) local government infrastructure surtax("Surtax")upon transactions occurring within Collier County("County")which are taxable under Chapter 212, Florida Statutes; and WHEREAS,a 1.0 percent(1%) Surtax would,under current State sales tax rates,result in a one cent (1¢) Surtax on each one dollar ($1.00) sale as specifically provided by law and will be applied to each fractional part of one dollar accordingly; and WHEREAS,the Surtax differs from the transactions subject to the State sales tax in that the local option sales tax base applies only to the first $5,000 of the purchase price of an item of taxable personal property while the State sales tax applies to the entire purchase price regardless of amount,pursuant to Section 212.054(2)(b)(1), Florida Statutes; and WHEREAS,the Surtax does not apply to certain groceries,medical products and supplies, fuel,and other specifically identified goods and services listed in Section 212.08,Florida Statutes; and Page 1 of 8 8.B.2.e Packet Pg. 102 Attachment: Ordinance 2018-21 (13155 : EMS Station 74 Golden Gate Estates) WHEREAS, the funds derived from the imposition of the Surtax shall be distributed to the County and the municipalities of the County("Municipalities"),as set forth in Section 218.62, Florida Statutes, if no interlocal agreement is entered into; and WHEREAS, funds received from the Surtax authorized by Section 212.055(2), Florida Statutes,may be utilized by the County and Municipalities to finance,plan, construct,reconstruct, renovate and improve needed infrastructure,as defined in Section 212.055(2)(d), Florida Statutes; and WHEREAS,the County and the Municipalities are presently without sufficient fiscal and monetary resources to adequately fund their infrastructure needs; and WHEREAS,adequate public infrastructure facilities of the types herein described promote the safe, efficient and uninterrupted provision of numerous essential public services provided by the County and the Municipalities, including but not limited to roads,bridges, signals, sidewalks, parks, evacuation shelters, governmental facilities, including emergency services facilities; acquiring land and construction for workforce housing and career and technical training,veterans' nursing home and expand mental health facilities; and WHEREAS, a brief description of the projects to be funded is set forth in the ballot language contained in this Ordinance and a more specific list of projects to be funded is attached hereto as Exhibit A; and WHEREAS, the County and the Municipalities shall establish a citizen oversight committee to provide for citizen review of the expenditure of Surtax proceeds. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida,that: SECTION ONE. Incorporation of Recitals. The above recitals are true and correct and are hereby incorporated by reference. Page 2 of 8 8.B.2.e Packet Pg. 103 Attachment: Ordinance 2018-21 (13155 : EMS Station 74 Golden Gate Estates) SECTION TWO. Imposition of Local Government Infrastructure Surtax. There is hereby imposed a one percent (1%) local government infrastructure surtax Surtax") upon all authorized taxable transactions occurring within the County. SECTION THREE. Administration, Collection and Distribution of Proceeds. The Surtax shall be administered,collected,and enforced in accordance with the provisions of Section 212.054, Florida Statutes, and the rules promulgated by the Florida Department of Revenue. The proceeds of the Surtax shall be distributed by the Department of Revenue directly to the County and Municipalities, in accordance with Section 218.62, Florida Statutes. SECTION FOUR. Referendum Election. a) The Surtax imposed in Section Two hereof shall not take effect unless and until approved by a majority of the electors of the County voting in a countywide precinct referendum election on the Surtax. b) The Collier County Supervisor of Elections is hereby directed to hold such countywide precinct referendum election on November 6,2018. c) The Collier County Supervisor of Elections shall cause the following proposition to be placed on the ballot: COLLIER COUNTY AND MUNICIPAL INFRASTRUCTURE ONE-CENT SALES SURTAX To enhance safety, mobility, and hurricane preparedness in Collier County and its cities by constructing, repairing, and maintaining roads, bridges, signals, sidewalks, parks, evacuation shelters, governmental and emergency services facilities; acquire land and support construction for workforce housing and career and technical training,veterans'nursing home and expand mental health facilities; shall the County levy a one-cent sales surtax beginning January 1, 2019 and automatically ending December 31, 2025, with oversight by citizen committee? FOR THE ONE-CENT SALES TAX AGAINST THE ONE-CENT SALES TAX Page 3 of 8 8.B.2.e Packet Pg. 104 Attachment: Ordinance 2018-21 (13155 : EMS Station 74 Golden Gate Estates) SECTION FIVE. Advertisement and Webpage. The Collier County Clerk of Court shall insure that notice of this referendum be advertised in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall be provided to the Chair of the Board. Upon adoption of this Ordinance, the County shall create a webpage available to the public on the County's main website which details the proposed projects to be funded by the Surtax,as well as the particulars regarding the imposition and collection of the Surtax. SECTION SIX.Expiration Date; Survival of Certain Restricted Uses. a) Sunset. In all events,this Ordinance shall be in effect only through December 31, 2025. It shall sunset and expire thereafter,without further action by the Board and the electors, at which time it shall be deemed repealed and of no further force and effect, and the Surtax levied hereunder shall terminate. Alternatively,this Ordinance shall sunset on December 31 st of any year during the term of this Ordinance in the event that the total aggregate distributions of Surtax proceeds equal or exceed the amount of$490,000,000 at any time during that calendar year, in which event the Board shall take necessary action to repeal this Ordinance and notify the Florida Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the following year. b) Survival of restrictions on use of Surtax proceeds. Notwithstanding the provisions of subsection (a) for the expiration and repeal of this Ordinance, so long as any Surtax proceeds shall remain unspent, the restrictions hereby imposed concerning the distribution and use of such Surtax proceeds as well as the proceeds of any borrowings payable from Surtax proceeds, and all interest and other investment earnings on either of them shall survive such expiration and repeal and shall be fully enforceable in a court of competent jurisdiction. SECTION SEVEN. Infrastructure Surtax Citizen Oversight Committee. a) Creation. Upon the approval of the Surtax by the electors of Collier County, the Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee("Committee") to provide for citizen review of the expenditure of the Surtax proceeds by the County, as soon as Page 4 of 8 8.B.2.e Packet Pg. 105 Attachment: Ordinance 2018-21 (13155 : EMS Station 74 Golden Gate Estates) possible after the Surtax becomes effective,but not later than the date on which the funds are first expended. The Committee shall serve as an ad hoc advisory and reporting body to the County. b) Composition. The Committee shall be comprised of seven (7) members. There shall be one(1)member appointed from each County District,and two(2)at-large members. Upon confirmation that said individuals meet the requirements herein, the Board shall appoint said individuals to this Committee. Appointment of positions, unless otherwise stated herein, shall be governed by Collier County Ordinance No. 2001-55, as may be amended, or by its successor ordinance. c) Membership Qualifications. All members shall have the following qualifications: 1) Member shall be a resident of Collier County; 2) Member shall not be an elected official; 3) Member shall not be a current employee of any governmental body within Collier County; 4) Special consideration shall be given to nominees that have financial or business management backgrounds and experience; and 5) Member shall meet the qualifications set forth in Collier County Ordinance No. 2001-55, as may be amended or its successor ordinance. d) Term. The initial terms for the at-large seats shall be one year;the remainder of the at-large terms shall be for two years or until the Committee sunsets. The initial terms and all terms thereafter for each District seat shall be for two years or until the Committee sunsets. All members shall be eligible for reappointment upon the expiration of their term. Upon resignation or removal of a member from a seat, that seat will be filled for the remainder of its term. e) Removal. Removal of members from the Committee shall be in accordance with the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor ordinance. Page 5 of 8 8.B.2.e Packet Pg. 106 Attachment: Ordinance 2018-21 (13155 : EMS Station 74 Golden Gate Estates) f) Sunset. The Committee shall sunset and terminate without further action by the Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the County. At its final meeting after the Surtax proceeds have been expended, the Committee shall prepare a final report to the Board with its findings and recommendations. g) Duties. The Committee shall have the responsibility to review the expenditure of Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The Board may expend proceeds of the Surtax on projects not specifically stated herein or in the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2) have a positive recommendation by this Committee,and(3)fall within the projects and categories identified. The Committee shall not recommend alternative projects, unless requested by the Board. h) Officer; Meetings; Quorum; Rules of Procedure. 1) Annually the members of the Committee shall elect a chairperson and vice chairperson from among the members. The chairperson's and vice chairperson's terms in such positions shall be for one(1)year with eligibility for re-election by the members of the Committee. 2) The Committee shall meet monthly, or as otherwise needed to fulfill their duties and responsibilities. 3) The presence of at least five (5) members shall constitute a quorum of the Committee necessary to take action and transact business. In addition, an affirmative vote of a super majority (majority present plus one) shall be necessary in order to take official action. Furthermore,by simple majority vote,but never with less than 5 members present,the Committee shall adopt rules of procedure for its meetings, and thereafter shall be governed by its procedures, as amended from time to time. 4) The Committee shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board. The Committee shall submit an annual report of its findings and recommendations to the Board. Page 6 of 8 8.B.2.e Packet Pg. 107 Attachment: Ordinance 2018-21 (13155 : EMS Station 74 Golden Gate Estates) i) Reimbursement of Expenses. Committee members shall receive no compensation for the performance of their duties, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval by the Board. j) Duties of the County Manager's Office. The County Manager's Office will provide such documentation, information, descriptions of procedures, secretarial support and general assistance to the Committee as may be necessary for the Committee to carry out its functions as set forth herein. k) The Committee, its members, and all its proceedings shall be governed by and comply with the provisions of the Florida Sunshine Law,Chapter 286,Florida Statutes,the Florida Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112, Florida Statutes, and all other applicable local or state statutes, ordinances, or rules. SECTION EIGHT. Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE. Inclusion in The Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or any other appropriate word. SECTION TEN. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. Page 7 of 8 8.B.2.e Packet Pg. 108 Attachment: Ordinance 2018-21 (13155 : EMS Station 74 Golden Gate Estates) PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this Ze4\ day of r\\ 2018. ATTEST:BOARD OF COUNTY COMMISSIONERS DWIGHT E.,BROCK, Clerk COLLIER P I TY, FLO' !! • By---. 1 A A B Attest as to Chairman's' Deputy Cle IOWAndy Solis, Chairman signature only. Appro 1;,d -- ! rm and legality: 41111 , Jeffrey • r ow, County Attorney This ordinance filed with the Secretary of St tkensOffice v4lo ''day of _ and acknowledgement otf that filing eceived this dayy of _ L. 49 By __ _ tout tk Page 8 of 8 8.B.2.e Packet Pg. 109 Attachment: Ordinance 2018-21 (13155 : EMS Station 74 Golden Gate Estates) i. 2222222222222 2 22E22222 s4Ix000000000 ° coo o Oo 00000p sU _ t0 v- 4 ri r; r; 4 co 0 0 01 ri o o ai ari eo O ui o o ui p sa I W r• N 4n 44 + A 0) c0 v M c et U) M a- EA O TN r? N N N N t 44 44 44 U) r ER U) 44 to Ili fA 44 u 44 fitt M a sN 2 222222222222 2 22222222 00000000. 00000 0 0 0 0 0 0 0 0 0 as N 4 ri r• ti 4 co0 0; pi o u; ai ft; so o is; o o co ,. 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CO X d F- Z sp 4• W 03 G Z n Z W 0 0 > ; 2 tp 8.B.2.e Packet Pg. 110 Attachment: Ordinance 2018-21 (13155 : EMS Station 74 Golden Gate Estates) ofTY, Sr FIk y 1 ei I 614,Ka.Ce.'' FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 26, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-21, which was filed in this office on April 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 8.B.2.e Packet Pg. 111 Attachment: Ordinance 2018-21 (13155 : EMS Station 74 Golden Gate Estates) 09/02/2020 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.A Item Summary: Committee Support Documents Meeting Date: 09/02/2020 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 08/18/2020 4:08 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 08/18/2020 4:08 PM Approved By: Review: County Manager's Office Geoffrey Willig Additional Reviewer Completed 08/19/2020 4:23 PM County Manager's Office Heather Yilmaz Review Item Completed 08/20/2020 4:44 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 09/02/2020 8:30 AM 9.A Packet Pg. 112 212.055 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.A.1 Packet Pg. 113 Attachment: Infrastructure Surtax Statute (13197 : 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.A.1 Packet Pg. 114 Attachment: Infrastructure Surtax Statute (13197 : 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.A.1 Packet Pg. 115 Attachment: Infrastructure Surtax Statute (13197 : 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.A.1 Packet Pg. 116 Attachment: Infrastructure Surtax Statute (13197 : Committee Support Documents) ORDINANCE NO. 2018- 21 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IMPOSING A COUNTYWIDE LOCAL GOVERNMENT INFRASTRUCTURE SURTAX OF ONE PERCENT (1%) ON ALL AUTHORIZED TAXABLE TRANSACTIONS OCCURRING WITHIN COLLIER COUNTY, AS AUTHORIZED BY SECTION 212.055(2), FLORIDA STATUTES, EFFECTIVE BEGINNING JANUARY 1, 2019, FOR A PERIOD OF UP TO SEVEN (7) YEARS OR UNTIL THE AGGREGATE FUNDS OF$490,000,000 ARE COLLECTED,WHICHEVER IS SOONER; PROVIDING THAT THE IMPOSITION OF THE SURTAX SHALL BE CONTINGENT ON APPROVAL AT A COUNTYWIDE REFERENDUM; PROVIDING FOR A WEBPAGE WHICH DETAILS THE PROPOSED PROJECTS FOR THE PUBLIC; PROVIDING FOR DISTRIBUTION OF SURTAX REVENUES AMONG THE COUNTY AND THE MUNICIPALITIES WITHIN THE COUNTY; PROVIDING FOR CITIZEN OVERSIGHT; PROVIDING BALLOT LANGUAGE AND DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A COUNTYWIDE PRECINCT REFERENDUM ELECTION ON NOVEMBER 6,2018. WHEREAS, Section 212.055(2),Florida Statutes, authorizes the Collier County Board of County Commissioners ("Board") to impose a 1.0 percent (1%) local government infrastructure surtax("Surtax")upon transactions occurring within Collier County("County")which are taxable under Chapter 212, Florida Statutes; and WHEREAS,a 1.0 percent(1%) Surtax would,under current State sales tax rates,result in a one cent (1¢) Surtax on each one dollar ($1.00) sale as specifically provided by law and will be applied to each fractional part of one dollar accordingly; and WHEREAS,the Surtax differs from the transactions subject to the State sales tax in that the local option sales tax base applies only to the first $5,000 of the purchase price of an item of taxable personal property while the State sales tax applies to the entire purchase price regardless of amount,pursuant to Section 212.054(2)(b)(1), Florida Statutes; and WHEREAS,the Surtax does not apply to certain groceries,medical products and supplies, fuel,and other specifically identified goods and services listed in Section 212.08,Florida Statutes; and Page 1 of 8 9.A.2 Packet Pg. 117 Attachment: Ordinance 2018-21 (13197 : Committee Support Documents) WHEREAS, the funds derived from the imposition of the Surtax shall be distributed to the County and the municipalities of the County("Municipalities"),as set forth in Section 218.62, Florida Statutes, if no interlocal agreement is entered into; and WHEREAS, funds received from the Surtax authorized by Section 212.055(2), Florida Statutes,may be utilized by the County and Municipalities to finance,plan, construct,reconstruct, renovate and improve needed infrastructure,as defined in Section 212.055(2)(d), Florida Statutes; and WHEREAS,the County and the Municipalities are presently without sufficient fiscal and monetary resources to adequately fund their infrastructure needs; and WHEREAS,adequate public infrastructure facilities of the types herein described promote the safe, efficient and uninterrupted provision of numerous essential public services provided by the County and the Municipalities, including but not limited to roads,bridges, signals, sidewalks, parks, evacuation shelters, governmental facilities, including emergency services facilities; acquiring land and construction for workforce housing and career and technical training,veterans' nursing home and expand mental health facilities; and WHEREAS, a brief description of the projects to be funded is set forth in the ballot language contained in this Ordinance and a more specific list of projects to be funded is attached hereto as Exhibit A; and WHEREAS, the County and the Municipalities shall establish a citizen oversight committee to provide for citizen review of the expenditure of Surtax proceeds. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida,that: SECTION ONE. Incorporation of Recitals. The above recitals are true and correct and are hereby incorporated by reference. Page 2 of 8 9.A.2 Packet Pg. 118 Attachment: Ordinance 2018-21 (13197 : Committee Support Documents) SECTION TWO. Imposition of Local Government Infrastructure Surtax. There is hereby imposed a one percent (1%) local government infrastructure surtax Surtax") upon all authorized taxable transactions occurring within the County. SECTION THREE. Administration, Collection and Distribution of Proceeds. The Surtax shall be administered,collected,and enforced in accordance with the provisions of Section 212.054, Florida Statutes, and the rules promulgated by the Florida Department of Revenue. The proceeds of the Surtax shall be distributed by the Department of Revenue directly to the County and Municipalities, in accordance with Section 218.62, Florida Statutes. SECTION FOUR. Referendum Election. a) The Surtax imposed in Section Two hereof shall not take effect unless and until approved by a majority of the electors of the County voting in a countywide precinct referendum election on the Surtax. b) The Collier County Supervisor of Elections is hereby directed to hold such countywide precinct referendum election on November 6,2018. c) The Collier County Supervisor of Elections shall cause the following proposition to be placed on the ballot: COLLIER COUNTY AND MUNICIPAL INFRASTRUCTURE ONE-CENT SALES SURTAX To enhance safety, mobility, and hurricane preparedness in Collier County and its cities by constructing, repairing, and maintaining roads, bridges, signals, sidewalks, parks, evacuation shelters, governmental and emergency services facilities; acquire land and support construction for workforce housing and career and technical training,veterans'nursing home and expand mental health facilities; shall the County levy a one-cent sales surtax beginning January 1, 2019 and automatically ending December 31, 2025, with oversight by citizen committee? FOR THE ONE-CENT SALES TAX AGAINST THE ONE-CENT SALES TAX Page 3 of 8 9.A.2 Packet Pg. 119 Attachment: Ordinance 2018-21 (13197 : Committee Support Documents) SECTION FIVE. Advertisement and Webpage. The Collier County Clerk of Court shall insure that notice of this referendum be advertised in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall be provided to the Chair of the Board. Upon adoption of this Ordinance, the County shall create a webpage available to the public on the County's main website which details the proposed projects to be funded by the Surtax,as well as the particulars regarding the imposition and collection of the Surtax. SECTION SIX.Expiration Date; Survival of Certain Restricted Uses. a) Sunset. In all events,this Ordinance shall be in effect only through December 31, 2025. It shall sunset and expire thereafter,without further action by the Board and the electors, at which time it shall be deemed repealed and of no further force and effect, and the Surtax levied hereunder shall terminate. Alternatively,this Ordinance shall sunset on December 31 st of any year during the term of this Ordinance in the event that the total aggregate distributions of Surtax proceeds equal or exceed the amount of$490,000,000 at any time during that calendar year, in which event the Board shall take necessary action to repeal this Ordinance and notify the Florida Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the following year. b) Survival of restrictions on use of Surtax proceeds. Notwithstanding the provisions of subsection (a) for the expiration and repeal of this Ordinance, so long as any Surtax proceeds shall remain unspent, the restrictions hereby imposed concerning the distribution and use of such Surtax proceeds as well as the proceeds of any borrowings payable from Surtax proceeds, and all interest and other investment earnings on either of them shall survive such expiration and repeal and shall be fully enforceable in a court of competent jurisdiction. SECTION SEVEN. Infrastructure Surtax Citizen Oversight Committee. a) Creation. Upon the approval of the Surtax by the electors of Collier County, the Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee("Committee") to provide for citizen review of the expenditure of the Surtax proceeds by the County, as soon as Page 4 of 8 9.A.2 Packet Pg. 120 Attachment: Ordinance 2018-21 (13197 : Committee Support Documents) possible after the Surtax becomes effective,but not later than the date on which the funds are first expended. The Committee shall serve as an ad hoc advisory and reporting body to the County. b) Composition. The Committee shall be comprised of seven (7) members. There shall be one(1)member appointed from each County District,and two(2)at-large members. Upon confirmation that said individuals meet the requirements herein, the Board shall appoint said individuals to this Committee. Appointment of positions, unless otherwise stated herein, shall be governed by Collier County Ordinance No. 2001-55, as may be amended, or by its successor ordinance. c) Membership Qualifications. All members shall have the following qualifications: 1) Member shall be a resident of Collier County; 2) Member shall not be an elected official; 3) Member shall not be a current employee of any governmental body within Collier County; 4) Special consideration shall be given to nominees that have financial or business management backgrounds and experience; and 5) Member shall meet the qualifications set forth in Collier County Ordinance No. 2001-55, as may be amended or its successor ordinance. d) Term. The initial terms for the at-large seats shall be one year;the remainder of the at-large terms shall be for two years or until the Committee sunsets. The initial terms and all terms thereafter for each District seat shall be for two years or until the Committee sunsets. All members shall be eligible for reappointment upon the expiration of their term. Upon resignation or removal of a member from a seat, that seat will be filled for the remainder of its term. e) Removal. Removal of members from the Committee shall be in accordance with the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor ordinance. Page 5 of 8 9.A.2 Packet Pg. 121 Attachment: Ordinance 2018-21 (13197 : Committee Support Documents) f) Sunset. The Committee shall sunset and terminate without further action by the Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the County. At its final meeting after the Surtax proceeds have been expended, the Committee shall prepare a final report to the Board with its findings and recommendations. g) Duties. The Committee shall have the responsibility to review the expenditure of Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The Board may expend proceeds of the Surtax on projects not specifically stated herein or in the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2) have a positive recommendation by this Committee,and(3)fall within the projects and categories identified. The Committee shall not recommend alternative projects, unless requested by the Board. h) Officer; Meetings; Quorum; Rules of Procedure. 1) Annually the members of the Committee shall elect a chairperson and vice chairperson from among the members. The chairperson's and vice chairperson's terms in such positions shall be for one(1)year with eligibility for re-election by the members of the Committee. 2) The Committee shall meet monthly, or as otherwise needed to fulfill their duties and responsibilities. 3) The presence of at least five (5) members shall constitute a quorum of the Committee necessary to take action and transact business. In addition, an affirmative vote of a super majority (majority present plus one) shall be necessary in order to take official action. Furthermore,by simple majority vote,but never with less than 5 members present,the Committee shall adopt rules of procedure for its meetings, and thereafter shall be governed by its procedures, as amended from time to time. 4) The Committee shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board. The Committee shall submit an annual report of its findings and recommendations to the Board. Page 6 of 8 9.A.2 Packet Pg. 122 Attachment: Ordinance 2018-21 (13197 : Committee Support Documents) i) Reimbursement of Expenses. Committee members shall receive no compensation for the performance of their duties, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval by the Board. j) Duties of the County Manager's Office. The County Manager's Office will provide such documentation, information, descriptions of procedures, secretarial support and general assistance to the Committee as may be necessary for the Committee to carry out its functions as set forth herein. k) The Committee, its members, and all its proceedings shall be governed by and comply with the provisions of the Florida Sunshine Law,Chapter 286,Florida Statutes,the Florida Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112, Florida Statutes, and all other applicable local or state statutes, ordinances, or rules. SECTION EIGHT. Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE. Inclusion in The Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or any other appropriate word. SECTION TEN. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. Page 7 of 8 9.A.2 Packet Pg. 123 Attachment: Ordinance 2018-21 (13197 : Committee Support Documents) PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this Ze4\ day of r\\ 2018. ATTEST:BOARD OF COUNTY COMMISSIONERS DWIGHT E.,BROCK, Clerk COLLIER P I TY, FLO' !! • By---. 1 A A B Attest as to Chairman's' Deputy Cle IOWAndy Solis, Chairman signature only. Appro 1;,d -- ! rm and legality: 41111 , Jeffrey • r ow, County Attorney This ordinance filed with the Secretary of St tkensOffice v4lo ''day of _ and acknowledgement otf that filing eceived this dayy of _ L. 49 By __ _ tout tk Page 8 of 8 9.A.2 Packet Pg. 124 Attachment: Ordinance 2018-21 (13197 : Committee Support Documents) i. 2222222222222 2 22E22222 s4Ix000000000 ° coo o Oo 00000p sU _ t0 v- 4 ri r; r; 4 co 0 0 01 ri o o ai ari eo O ui o o ui p sa I W r• N 4n 44 + A 0) c0 v M c et U) M a- EA O TN r? 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O A cC m17; J C • 0 d 4 0 C C 0 ti ' OCD • v 41 0R i 3 ' s3 1 V 0.: 0 d C ea O : w O ... mom r+ 44 00 0 ia. 4a m = ' C 00 of 0 W CI 6 N +' O N d . 10 de 11 N C 0 m O ++ O . 0 - 0 cc O - R m 0 0 w R 3 3 0 • L i f.II- a 0 X 0 • 4 O C m C 0 N V . 0 V ci £ d r. TV.. 12 W c C O ; o C a R a m L . Qsn i N E Z a. C = L s6 C . R ` •-. • ' a 4 0 0 Q > ., 0 g 0 sa Q O * i 1.. > Q. CO X d F- Z sp 4• W 03 G Z n Z W 0 0 > ; 2 tp 9.A.2 Packet Pg. 125 Attachment: Ordinance 2018-21 (13197 : Committee Support Documents) ofTY, Sr FIk y 1 ei I 614,Ka.Ce.'' FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 26, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-21, which was filed in this office on April 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 9.A.2 Packet Pg. 126 Attachment: Ordinance 2018-21 (13197 : 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.A.3 Packet Pg. 127 Attachment: Ordinance 2019-46 (13197 : 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.A.3 Packet Pg. 128 Attachment: Ordinance 2019-46 (13197 : 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.A.3 Packet Pg. 129 Attachment: Ordinance 2019-46 (13197 : 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.A.3 Packet Pg. 130 Attachment: Ordinance 2019-46 (13197 : 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.A.3 Packet Pg. 131 Attachment: Ordinance 2019-46 (13197 : Committee Support Documents) 09/02/2020 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.B Item Summary: Monthly Report to Committee - September 2020 Meeting Date: 09/02/2020 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 08/18/2020 4:06 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 08/18/2020 4:06 PM Approved By: Review: County Manager's Office Geoffrey Willig Additional Reviewer Completed 08/19/2020 4:24 PM County Manager's Office Heather Yilmaz Review Item Completed 08/20/2020 4:44 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 09/02/2020 8:30 AM 9.B Packet Pg. 132 One Penny Infrastructure Sales Tax - Status of Projects in Exhibit A As of August 17, 2020 Project Number Description Exhibit A - Sales Tax Allocation Committee Validated / Project Total* 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$ 124,000,000$ 67,000,000$ -$ 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$ 18,202,014$ 50163 Naples Lib HVAC 1,756,220$ 166,962$ 50164 Health Bldg. HVAC 1,644,417$ -$ 50165 Health Bldg. Roof 657,000$ 24,648$ 50166 Jail & Chiller Plant HVAC 1,525,501$ 1,324,490$ 50176 Immokalee Health Bldg. HVAC/Roof 1,403,500$ 1,320,443$ 50181 Jail Isolation Rooms HVAC 273,108$ 175,878$ 50182 Jail Steam to Hot Water Boiler Conversion 550,000$ -$ 50183 Jail Security System Replacement 1,632,790$ 1,632,790$ 50184 Jail Generator 650,000$ 277,986$ 50185 Jail Laundry Replacement & Safety Upgrades 1,450,000$ -$ 50187 Museum - Everglades City Roof Replacement 83,950$ 83,950$ 50188 Switchgear Upgrade A, B, & K 1,800,000$ 1,573,703$ 50189 Underground Chilled Water Pipe 4,000,000$ -$ 50190 Vineyards Com Pk Air System Replacement 300,000$ 289,574$ 50191 Em Serv Ctr Chiller Replacement 1,202,500$ 947,675$ 53007 Jail Kitchen Renovation 1,869,000$ 1,834,460$ Hurricane Resilience 15,000,000$ 9,430,000$ 50390 ESC Enclose Bay 1,500,000$ -$ 50391 PUD Generators 3,500,000$ 1,107,036$ 50393 Generators - N Collier Pk & Imm Sports Complex 570,000$ -$ EMS Substations (3)6,000,000$ 3,777,800$ 55211 Heritage Bay EMS station 2,222,200$ -$ Subtotal - Fac & Cap Replacements 139,000,000$ 107,590,186$ 31,409,814$ 53,602,379$ 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$ 231,590,186$ 188,409,814$ 53,602,379$ * Committee validates projects with set dollar amount. However, if projects are complete and expenses are under the original validated amount, the above schedule reflects the actual amount spent on the project. HVAC, Roofing, & Cap Equip Replace at Sheriff's & 9.B.1 Packet Pg. 133 Attachment: Monthly Report to Sales Tax Committee - September 2020 (13199 : Monthly Report to Committee - September 2020) One Penny Infrastructure Sales Tax - Status of Projects in Exhibit A As of August 17, 2020 (Jan-Dec)Infra Sales Tax*Interest Date of Deposit Collier County - Year 1 (2019)67,102,467.20 417,879.71 (10 months activity - March thru Dec) Year 2 (2020)52,130,378.54 699,244.94 January 1, 2020 -August 17, 2020 119,232,845.74 1,117,124.65 City of Naples - Year 1 (2019)3,906,871.03 (10 months activity - March thru Dec) Year 2 (2020)2,989,899.90 January 1, 2020 -August 17, 2020 City of Marco Island - Year 1 (2019)3,292,201.42 (10 months activity - March thru Dec) Year 2 (2020)2,512,256.62 January 1, 2020 -August 17, 2020 Everglades City - Year 1 (2019)83,701.53 (10 months activity - March thru Dec) Year 2 (2020)59,962.58 January 1, 2020 -August 17, 2020 Total Infrastructure Surtax Collected 132,077,738.82 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. $- $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 $8.0 $9.0 $10.0 Jan Feb March April May June July Aug Sept Oct Nov DecMillionsInfrastructure Sales Tax -State's Distribution to County 2019 Local Option Infrastructure Sales Tax 2020 Local Option Infrastructure Sales Tax 9.B.1 Packet Pg. 134 Attachment: Monthly Report to Sales Tax Committee - September 2020 (13199 : Monthly Report to Committee - September 2020) 09/02/2020 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 12.A Item Summary: Next Meeting Date - December 02, 2020 Meeting Date: 09/02/2020 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 08/18/2020 4:21 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 08/18/2020 4:21 PM Approved By: Review: County Manager's Office Geoffrey Willig Additional Reviewer Completed 08/19/2020 4:25 PM County Manager's Office Heather Yilmaz Review Item Completed 08/20/2020 4:43 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 09/02/2020 8:30 AM 12.A Packet Pg. 135