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ISCOC Agenda 03/03/2021COLLIER COUNTY INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE Agenda March 3, 2021 8:30 AM Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL. 34112 Scott J. Lepore – At Large – Chair Justin Land – District 4 – Vice Chair Patricia Sherry – District 1 Steven Osborne – District 2 Ronald A. Kezeske – District 3 Mike Petscher – District 5 Juliana Meek – At Large James W. DeLony – Alternate Jenna Buzzacco-Foerster - 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. 25.A.2 Packet Pg. 811 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL BY LIAISON 4. APPROVAL OF THE AGENDA 5. APPROVAL OF MINUTES FROM PREVIOUS MEETING A. Meeting Minutes - December 02, 2020 6. PUBLIC COMMENT 7. NEW BUSINESS 8. PROJECTS A. TRANSPORTATION 1. To validate the proposed expenditures towards the construction of the Immokalee Road at Randall Boulevard Intersection Improvements Project (Phase 1); to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. B. FACILITIES & CAPITAL REPLACEMENTS 1. To validate the proposed additional expenditures of $2.45M, with a total project cost of $5.9M, necessary to complete the previously approved design, purchase, and installation of the Hurricane Resilience - Pump Station Emergency Back-up Systems at thirty-two (32) wastewater pump stations; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding C. COMMUNITY PRIORITIES 9. OLD BUSINESS A. Monthly Report to Committee - February 2021 B. Committee Support Documents 10. ANNOUNCEMENTS 25.A.2 Packet Pg. 812 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 11. COMMITTEE MEMBER DISCUSSION 12. NEXT MEETING DATE A. Next Meeting Date - June 02, 2021 13. ADJOURNMENT 25.A.2 Packet Pg. 813 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 03/03/2021 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 5.A Item Summary: Meeting Minutes - December 02, 2020 Meeting Date: 03/03/2021 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 02/18/2021 11:59 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 02/18/2021 11:59 AM Approved By: Review: CMO Heather Yilmaz Review Item Completed 02/25/2021 4:59 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 03/03/2021 8:30 AM 5.A Packet Pg. 4 25.A.2 Packet Pg. 814 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 1 | P a g e MINUTES OF THE REGULAR MEETING OF THE COLLIER COUNTY Infrastructure Surtax Citizen Oversight Committee December 02, 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: Scott J. Lepore Justin Land Stephen Osborne Ronald A. Kezeske James W. DeLony Jamie Andersen Absent: Jeffrey Lutz Beth Rozansky Juliana Meek 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 Four 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 – September 02, 2020 The minutes were distributed to all present and approved. 5.A.1 Packet Pg. 5 Attachment: Meeting Minutes - December 04, 2020 (14914 : Meeting Minutes - December 04, 2020)25.A.2 Packet Pg. 815 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 2 | P a g e 6. Public Comment There was no public comment. 7. New Business 1. Infrastructure Surtax Citizen Oversight Committee Applications (1) Term Expiration (a) Jamie Andersen: Resigned | Alternate (b) Jim Delony (c) Ron Kezeske (d) Justin Land (e) Jeffrey Lutz: Resigned | District 1 (2) Additionally: Ms. Rozansky: Resigned due to service deployment | District 5 (3) Received Applications (a) Jenna Buzzacco-Foerster | District 1 (b) James Delony | Reapplied Alternate (c) Ron Kezeske | Reapplied | District 3 (d) Justin Land | Reapplied | District 4 (e) Stephen Osborne | Reapplied | District 2 (f) Mike Petscher | District 5 (g) Caroline Ridgway | District 4/Alternate (h) Patricia Sherry | District 1 (i) Donna Suddeth | District 4/Alternate (j) Paul DeMarco | District 4/Alternate – Mr. DeMarco’s application was received after the Agenda publication. The Committee approved a motion to present all the applications to the Board of County Commissioners for review, reappointment of members that sought new term, appoint vacancies for District 1 and 5, and the appointment of 1 alternate. The item will appear on the Agenda during the first BCC meeting in January. Additionally, the Committee will appoint a new Chair and Vice Chair during the March 3rd meeting. There was further discussion about the quarterly meetings between Committee members. The Committee requested consideration to conduct a meeting for any urgent projects that may come up that was out of the quarterly schedule. 2. Future meeting schedule March 03, 2021. 8. Projects A. Transportation 1. To validate the proposed expenditures for the design, permitting and mitigation, construction engineering inspection, and the construction for the New 16th ST NE Bridges Project; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with 5.A.1 Packet Pg. 6 Attachment: Meeting Minutes - December 04, 2020 (14914 : Meeting Minutes - December 04, 2020)25.A.2 Packet Pg. 816 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 3 | P a g e 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. Ms. Marlene Messam P.E., Principal Project Manager, presented the expenditures for the New 16th ST NE Bridges Project. A motion to approve the project was made and was approved. B. Facilities & Capital Replacements 1. To validate the expenditures for the equipment and installation of the Reliable Building Automation 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. McCormick P.E., Principal Project Manager, presented the expenditures for the Reliable Building Automation Upgrades. A motion to approve the project was made and was approved. 2. To validate the expenditures for the construction of the Collier County J1 / J2 Jail Generator and Platform; 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 P.E., Principal Project Manager, presented the expenditures for the Collier County J1 / J2 Jail Generator and Platform. A motion to approve the project was made and was approved. C. Community Priorities (None) 9. Old Business A. Monthly Report to Committee – November 2020 B. Committee Support Documents As of November 16, 2020, when the Monthly report was pulled, the Committee validated a total of 31 projects, with total projected expenditures of $271.5M to date. The total Infrastructure Sales Tax Revenue is $136.7M, with $1.37M in interest earnings. The validated project updates were provided, and staff will continue to provide quarterly updates as requested. 5.A.1 Packet Pg. 7 Attachment: Meeting Minutes - December 04, 2020 (14914 : Meeting Minutes - December 04, 2020)25.A.2 Packet Pg. 817 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 4 | P a g e 10. Announcements (None) 11. Committee Member Discussion Committee discussion ensued around thanking those members that had resigned for their service. The Committee requested that the Liaison draft an annual report to the BCC. The item will appear on the Agenda during the first BCC meeting in January. 12. Next Meeting Date The next meeting of the Infrastructure Surtax Citizen Oversight Committee will be on March 03, 2021 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 10:01 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 March 03, 2021, “as submitted” [ ] or “as amended” [ ] 5.A.1 Packet Pg. 8 Attachment: Meeting Minutes - December 04, 2020 (14914 : Meeting Minutes - December 04, 2020)25.A.2 Packet Pg. 818 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 03/03/2021 EXECUTIVE SUMMARY To validate the proposed expenditures towards the construction of the Randall Intersection at Immokalee Road Project (Phase 1); 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 permitting, construction, right of way and mitigation, and construction engineering and inspection of the Randall Intersection at Immokalee Road Project. CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in County Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure occurred after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is in line with County Ordinance 2018-21. There were three (3) main categories of projects identified in Ordinance 2018-21: Transportation Projects, Facilities & Capital Replacements, and Community Priorities. The Immokalee Road at Randall Boulevard Intersection Improvements Project was specifically identified within the Transportation Project category, and per Exhibit A $7,000,000 was allocated. The Randall Intersection at Immokalee Road Project fulfills the definition of infrastructure as outlined in F.S. 212.055, which defines Infrastructure as: “Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years, any related land acquisition, land improvement, design, and engineering costs, and all other professional and related costs required to bring the public facilities into service.” The Collier Metropolitan Planning Organization (MPO) develops the Long Range Transportation Plan (LRTP), which is a twenty-year vision for future transportation needs. The revision cycle occurs every five years. The 2020 LRTP update originally identified a need for widening Randall Bouelvard to a six - lane arterial. It remained an unfunded need through subsequent LRTP updates. On May 25, 2018, the 2040 LRTP was amended to include the project in the Cost Feasible Plan. The 2045 LRTP was adopted by the MPO Board on December 11, 2020. The 2045 LRTP includes the first phase improvements to the intersection in the 2021-2026 timeframe, and preliminary engineering for the ultimate intersection improvement - a flyover - in the 2036-2045 planning period. The Florida Department of Transportation (FDOT) has completed a Project Development and Environmental (PD&E) Study that confirms this particular project meets the current needs for operational and safety improvements. A two-phased approach to complete this project has been proposed. The interim at-grade preferred build alternative (Phase 1- triple lefts) proposes to widen the existing two-lane Randall Boulevard to four lanes (with a future six lane option available), adding sidewalks and bike lanes and providing drainage improvements. The project limits extend along Immokalee Road (SR 846) to approximately one mile south of Oil Well Road and east along Randall Boulevard from the Immokalee Road/ Randall Boulevard intersection to just east of the intersecion of Randall Boulevard and 8th Steet NE (about 0.75 miles in length). The intersection improvements will consist of constructing three left turn lanes and one right turn lane westbound from Randall Boulevard continuing through an upgraded traffic signal and onto Immokalee Road. A continuous-flow right turn lane is proposed eastbound on Immokalee Road to eastbound on Randall Boulevard. A new traffic signal and intersection will be constructed at the 8.A.1 Packet Pg. 9 25.A.2 Packet Pg. 819 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 03/03/2021 Randall Boulevard and 8th Street NE intersection. The corridor will be evaluated for street lighting improvements. The ultimate preferred build alternative (Phase 2- flyover) proposed plan for this intersection is to construct a two-lane flyover bridge westbound from Randall Boulevard to Immokalee Road bypassing the traffic signal along with expanding the continuous-flow right turn lane to two-lanes. Although the Phase 2 portion of the project is planned beyond 2035, a Bridge Development Report (BDR) and determination of required right-of-way needed for the bridge structure will be completed in phase 1 of the Project. The preliminary cost estimate for the design and permitting, construction, right-of-way and mitigation, and construction engineering and inspection of the Randall Intersection at Immokalee Road Project (Phase 1) is $10,835,000. Staff recommends a validation of $7,000,000 in Surtax funding from the Transportation Project category to finance phase 1 of this project. On July 29, 2010, the Board approved a developer agreement with the Emergent Development Group, Inc. The agreement covered many items, one of which was the donation of a majority of the right-of-way necessary for this project. Unfortunately, the corporation is no longer active. Several of the underlying property owners are working with County staff to modify the agreement. Any recindment or modification of the existing developer agreement will require Board action. To be conservative, staff has included the previously assumed right-of-way donations in the overall right-of-way cost estimates of the project. FISCAL IMPACT: Total project cost is estimated at $10,835,000 of which $3,835,000 will come from gas tax or impact fees. The remaining estimated cost of $7,000,000, requested to be validated, is available in infrastructure sales surtax funding from the Transportation Project category for the Randall Intersection at Immokalee Road Project (Phase 1). Design & Permitting ROW Mitigation CEI Services Construction Total $950,000 $3,200,000 $135,000 $650,000 $5,900,000 $10,835,000 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. The Committee will note that Randall Intersection is specifically included in Exhibit A. In addition to the Ordinance, it is important that the Committee be comfortable that the proposed expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government infrastructure sales surtax. That statute states, in relevant part as follows: 212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds 8.A.1 Packet Pg. 10 25.A.2 Packet Pg. 820 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 03/03/2021 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.- (d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by the school district, within the county and municipalities within the county, or, in the case of a negotiated joint county agreement, within another county, to finance, plan, and construct infrastructure; to acquire any interest in land for public recreation, conservation, or protection of natural resources or to prevent or satisfy private property rights claims resulting from limitations imposed by the designation of an area of critical state concern; to provide loans, grants, or rebates to residential or commercial property owners who make energy efficiency improvements to their residential or commercial property, if a local government ordinance authorizing such use is approved by referendum; or to finance the closure of county-owned or municipally owned solid waste landfills that have been closed or are required to be closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used for the operational expenses of infrastructure, except that a county that has a population of fewer than 75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance costs associated with landfill closure. Counties, as defined in s. 125.011 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100 -0199/0125/Sections/0125.011.html>, and charter counties may, in addition, use the proceeds or interest to retire or service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified. 1. For the purposes of this paragraph, the term “infrastructure” means: a. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years, any related land acquisition, land improvement, design, and engineering costs, and all other professional and related costs required to bring the public facilities into service. For purposes of this sub-subparagraph, the term “public facilities” means facilities as defined in s. 163.3164 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100 -0199/0163/Sections/0163.3164.html>(39), s.163.3221 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100 -0199/0163/Sections/0163.3221.html>(13), or s. 189.012(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 th e requirements of both the Statute and the Ordinance. As an aside, only those items which after review by the County Attorney’s Office appear to satisfy the requirements of both the Ordinance and the Statute will be brought to the Committee. The County Attorney’s Office opinion, however, is not 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 RECOMMENDATION: To validate Infrastructure Sales Surtax Funding for the Randall Intersection at Immokalee Road Project (Phase 1) in the maximum amount of $7,000,000. Prepared by: Dennis F. McCoy, P.E., Senior Project Manager, Transportation Engineering Division 8.A.1 Packet Pg. 11 25.A.2 Packet Pg. 821 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 03/03/2021 ATTACHMENT(S) 1. Randall Blvd-Immokalee Rd Intersection - PowerPoint (PPTX) 2. Randall-Immokalee - Project Checklist (PDF) 3. Infrastructure Surtax Statute (PDF) 4. Ordinance 2018-21 (PDF) 8.A.1 Packet Pg. 12 25.A.2 Packet Pg. 822 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 03/03/2021 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 8.A.1 Doc ID: 14983 Item Summary: To validate the proposed expenditures towards the construction of the Immokalee Road at Randall Boulevard Intersection Improvements Project (Phase 1); 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: 03/03/2021 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 02/18/2021 10:37 AM Submitted by: Title: Deputy Department Head – Public Utilities Department Name: Dan Rodriguez 02/18/2021 10:37 AM Approved By: Review: Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/18/2021 2:08 PM Growth Management Department Thaddeus Cohen Additional Reviewer Completed 02/21/2021 12:36 PM County Manager's Office Geoffrey Willig Additional Reviewer Completed 02/22/2021 3:03 PM County Manager's Office Heather Yilmaz Additional Reviewer Completed 02/22/2021 3:58 PM CMO Heather Yilmaz Review Item Completed 02/25/2021 4:59 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 03/03/2021 8:30 AM 8.A.1 Packet Pg. 13 25.A.2 Packet Pg. 823 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, Prepared By: Thaddeus Cohen,Department Head,Growth Management Department Jay Ahmad,P.E.,Director,Transportation Engineering Dennis F. McCoy,P.E.,Senior Project Manager,Transportation Engineering Randall Intersection at Immokalee Road Project 1 Randall Intersection at Immokalee Rd ProjectGrowth Management Department 8.A.1.a Packet Pg. 14 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 824 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Histor y §The Improvement Project was first identified by the Collier County Metropolitan Planning Organization (MPO)in the 2020 Long Range Tr ansportation Plan (LRTP,adopted on Dec 1,1995)as a need fo r a six- lane divided arterial.It remained an unfunded need in subsequent LRTPs,until the 2040 update. §Randall Boulevard is a rural (without curb and gutter),undivided two- lane minor collector street extending five miles from Immokalee Ro ad (SR 846)to Desoto Boulevard in eastern Collier County.The corridor has one travel lane in each direction and roadside drainage ditches.There is approx imately one mile of sidewalk along the north side of Randall Boulevard. 2Growth Management Department Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 15 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 825 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Histor y §Immokalee Road (CR 846) is a six-lane arterial highway with raised medians, bike lanes, and sidewalks and pathways in the urban (with curb and gutter) segments. North of Randall Boulevard Immokalee Ro ad transitions from six-lanes to a rural two-lane roadway leading to the City of Immokalee. §The Florida Department of Transportation funded and completed a Project Development and Environmental (PD&E) Study for the Immokalee Road at Randall Blvd Intersection in December 2020. The study recommends a preferred build alternative consisting of a two- phased design and construction process. 3Growth Management Department Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 16 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 826 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Pro ject Overview 4Growth Management Department Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 17 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 827 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax 5 Pro ject Location START PROJECT END PROJECT Randall Boulevard Growth Management Department 8thStr NEWilson BoulevardRandall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 18 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 828 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax 6Growth Management Department Interim Build Alternative-Phase 1 Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 19 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 829 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax 7Growth Management Department Intersection Details –Phase 1 Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 20 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 830 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Design Details -Ty pical Ro adway Section Phase 1 (At-Grade) 8Growth Management Department Proposed Randall Boulevard 4-Lane Typical Section Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 21 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 831 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Project Details -Phase 1 The project limits extend about one-mile along Immokalee Road (CR 846) from just west of Wilson Boulevard to south of Oil Well Road and about 0.75 miles in length along Randall Boulevard to east of 8th Street NE. The project will include: o Widening Randall Boulevard to four lanes (expandable to six lanes for future needs); o Acquiring right-of way for the current and future improvements; o Constructing a continuous-flow lane eastbound from Immokalee Road to Randall Boulevard; o Improving the Immokalee Road at Randall Boulevard intersection; o Adding a new traffic signal on Randall Boulevard at 8th Street NE; o Adding on-street bike lanes and sidewalks and improving drainage within the project area. 9Growth Management Department Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 22 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 832 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax 10Growth Management Department Ultimate Build Alternative-Phase 2 Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 23 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 833 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax 11Growth Management Department Intersection Details Ultimate Build Alternative-Phase 2 Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 24 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 834 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Project Details –Ultimate Build Alternative Phase 2 (Flyover) o Proposed plan fo r Phase 2:construct a two-lane flyover bridge, o westbound from Randall Boulevard to Immokalee Ro ad,bypassing the traffic signal o expanding the continuous-flow right turn lane from one to two-lanes. Although the Phase 2 portion of the project is planned beyond 2035,a Bridge Development Report (BDR)and determination of required right-of- way needed fo r the bridge structure will be completed in phase 1 of the project. 12Growth Management Department Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 25 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 835 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax •Design: A design timeframe of about 18 months (depending on permitting requirements, the right-of-way process and other variables) is anticipated. Any qualified US company is allowed to participate in this design process. We have budgeted $950,000 to hire a Design firm for this project. •Right-of-Way: Acquisitions for right-of-way will be required for both phases of this project and will be acquired prior to contract letting for construction on the Phase 1 -interim preferred build alternative . The right of way process will begin once the design completes the 60% phase. We estimate approximately $3.2 M will be required to obtain the right-of-way to complete the entire project (phase 1 -$3.0M, phase 2 - $200,000). 13Growth Management Department Project Stages /Details –Phase 1 Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 26 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 836 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax •Pe rmitting : Environmental impacts will require a permit from the South Florida Water Management District and the Army Corps of Engineers. The permitting process will be completed by the Design Consultant. •Mitigation: Collier County is required to provide compensatory mitigation to offset unavoidable wetland, other surface waters, and endangered species impacts. For this project, we have an estimated $135,000 to cover the cost of mitigation. 14Growth Management Department Pro ject Stages /Details –Phase 1 Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 27 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 837 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax •Construction Engineering Inspection (CEI): We have budgeted $650,000 to pay for a CEI firm. This consultant will make certain that the entire project is constructed in conformance with approved plans and specifications. The focus is quality construction that is on schedule and within budget. They will monitor all stages of the construction on a daily basis and check the quality of work for every line item, including material testing. Inspectors will be on site whenever there is construction activity and will keep a daily log of the progress. •Construction: We have budgeted $5,900,000 to pay for the construction of Phase 1. Any qualified US company is allowed to participate in this bid. 15Growth Management Department Pro ject Stages /Details –Phase 1 Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 28 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 838 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Pro ject Schedule -Phase 1 16Growth Management Department Activity Start Finish 2021 2022 2023 2024 2025 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Design Procurement Mar-21 Nov-21 Design, Permitting & ROW/Mitigation Dec-21 July-23 Construction Procurement Aug-23 Jan-24 Construction Feb-24 Jan-25 Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 29 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 839 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax / Project Summary /Financials $7.0 M will be financed through the sales tax, remaining funds will come from gas taxes and impact fees. 17Growth Management Department $3.8 $7.0 $10.8 $- $2.0 $4.0 $6.0 $8.0 $10.0 $12.0 Local Funding Grants 7-Year Sales Tax Total Estimated CostMillionsProject Funding Total Estimate vs. Funding Source's Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 30 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 840 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Project Funding Estimate –Phase 1 (right-of-way budget for both phases) 18Growth Management Department Design & Permitting , $950,000 Construction Engineering & Inspection, $650,000 Construction $5,900,000 Right of Way , $3,200,000 Mitigation, $135,000 Sales Tax Funded: $7.0M Locally Funded: $3.835 M Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 31 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 841 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Fiscal Impact Exhibit A identified up to $7.0M for this project. 19Growth Management Department Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 32 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 842 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Re commendation To va lidate the proposed expenditures for the design and permitting, right-of- way and mitigation, construction engineering inspection, and the construction for the Randall Intersection at Immokalee Rd Project (Phase 1); 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. 20Growth Management Department Randall Intersection at Immokalee Rd Project 8.A.1.a Packet Pg. 33 Attachment: Randall Blvd-Immokalee Rd Intersection - PowerPoint (14983 : Randall Intersection at25.A.2 Packet Pg. 843 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Project Project # Infrastructure Surtax Citizens Oversite Committee Project Checklist Project(s) in line with F.S. 212.055 Expenditure related to infrastructure as follows: Construction Improvement of public facilities Land acquisition Land improvement Design Engineering costs Professional & related costs to bring facility into service (CEI, Material Testing, Specialty Consultants) EMS vehicles associated with 3 new substations Court-related expenditures for the construction, lease or maintenance of the Court-related facilities including utilities and security infrastructure Life expectancy of at least 5 years Land Acquisition expenditure for Residential housing project where at least 30% of units are affordable to individuals whose total annual household income does not exceed 120% of area median income. Project(s) in line with County Ordinance 2018-21 Project(s) identified in Exhibit A within County Ordinance 2018-21 Project(s) in line with Ballot Language within County Ordinance 2018-21 The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the project meets the necessary requirements and is eligible to use Surtax Funding on , 2021. Chairman Exhibit A Reference Category: Sub-Category: Funding Requested: 8.A.1.b Packet Pg. 34 Attachment: Randall-Immokalee - Project Checklist (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 844 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds.—It is the legislative intent that any authorization for imposition of a discretionary sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective of the duration of the levy. Each enactment shall specify the types of counties authorized to levy; the rate or rates which may be imposed; the maximum length of time the surtax may be imposed, if any; the procedure which must be followed to secure voter approval, if required; the purpose for which the proceeds may be expended; and such other requirements as the Legislature may provide. Taxable transactions and administrative procedures shall be as provided in s. 212.054. (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.— (a)1. The governing authority in each county may levy a discretionary sales surtax of 0.5 percent or 1 percent. The levy of the surtax shall be pursuant to ordinance enacted by a majority of the members of the county governing authority and approved by a majority of the electors of the county voting in a referendum on the surtax. If the governing bodies of the municipalities representing a majority of the county’s population adopt uniform resolutions establishing the rate of the surtax and calling for a referendum on the surtax, the levy of the surtax shall be placed on the ballot and shall take effect if approved by a majority of the electors of the county voting in the referendum on the surtax. 2. If the surtax was levied pursuant to a referendum held before July 1, 1993, the surtax may not be levied beyond the time established in the ordinance, or, if the ordinance did not limit the period of the levy, the surtax may not be levied for more than 15 years. The levy of such surtax may be extended only by approval of a majority of the electors of the county voting in a referendum on the surtax. (b) A statement which includes a brief general description of the projects to be funded by the surtax and which conforms to the requirements of s. 101.161 shall be placed on the ballot by the governing authority of any county which enacts an ordinance calling for a referendum on the levy of the surtax or in which the governing bodies of the municipalities representing a majority of the county’s population adopt uniform resolutions calling for a referendum on the surtax. The following question shall be placed on the ballot: FOR the -cent sales tax AGAINST the -cent sales tax (c) Pursuant to s. 212.054(4), the proceeds of the surtax levied under this subsection shall be distributed to the county and the municipalities within such county in which the surtax was collected, according to: 1. An interlocal agreement between the county governing authority and the governing bodies of the municipalities representing a majority of the county’s municipal population, which agreement may include a school district with the consent of the county governing authority and the governing bodies of the municipalities representing a majority of the county’s municipal population; or 2. If there is no interlocal agreement, according to the formula provided in s. 218.62. Any change in the distribution formula must take effect on the first day of any month that begins at least 60 days after written notification of that change has been made to the department. (d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by the school district, within the county and municipalities within the county, or, in the 8.A.1.c Packet Pg. 35 Attachment: Infrastructure Surtax Statute (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 845 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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. 36 Attachment: Infrastructure Surtax Statute (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 846 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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. 37 Attachment: Infrastructure Surtax Statute (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 847 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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. 38 Attachment: Infrastructure Surtax Statute (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 848 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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. 39 Attachment: Ordinance 2018-21 (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 849 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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. 40 Attachment: Ordinance 2018-21 (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 850 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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. 41 Attachment: Ordinance 2018-21 (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 851 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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. 42 Attachment: Ordinance 2018-21 (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 852 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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. 43 Attachment: Ordinance 2018-21 (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 853 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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. 44 Attachment: Ordinance 2018-21 (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 854 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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. 45 Attachment: Ordinance 2018-21 (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 855 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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. 46 Attachment: Ordinance 2018-21 (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 856 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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. 47 Attachment: Ordinance 2018-21 (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 857 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax 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. 48 Attachment: Ordinance 2018-21 (14983 : Randall Intersection at Immokalee Road Project)25.A.2 Packet Pg. 858 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 03/03/2021 EXECUTIVE SUMMARY To validate the proposed additional expenditures of $1,150,000, with a total project cost of $4,650,000, necessary to complete the previously approved design, purchase, and installation of the Hurricane Resilience - Pump Station Emergency Back-up Systems at thirty-two (32) wastewater pump stations; 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 provide additional funding required to implement the Design-Build Pump Station Emergency Power Resiliency project, described as Phase 2 below. CONSIDERATIONS: On April 3, 2019, the Infrastructure Surtax Citizens Oversight Committee validated the emergency backup system project for thirty-two critical pump stations. The original project estimated that was validated can be summarized as follows: Phase Description Budget 1 16 Portable Generators $1,000,000 2 16 Permanent Generators $2,500,000 Total $3,500,000 As shown in the above table, the original request asked for 16 portable generators and 16 permanent generators. Due to site constrains, a decision was made to replace two permanent generators with two portable generators. 18 portable generators have been procured, received and are operationally ready for emergency power outages. The portable cost was approximately $1,050,000, leaving $2,450,000 for the 14 permanent sites in Phase 2. Phase Description Budget 1 18 Portable Generators $1,050,000 2 14 Permanent Generators $2,450,000 Total $3,500,000 After completing step one of the design-build process, approximately $3,600,000 is needed for Phase 2. Compared to the two-year old estimate of $2,450,000 above, and additional $1,150,000 is required. The design-build delivery method was used to complete the project as quickly as possible; however, with this procurement process, preliminary conceptual planning is done prior to solicitation with engineer’s opinion of probable cost and final design being done after award. Staff’s estimates were too low in a market with rising engineering and construction costs. FISCAL IMPACT: The table below provides a breakdown of the additional $1,150,000 needed to complete this project, resulting in a total budget of $4,650,000. Activity Original Updated Difference Comments 8.B.1 Packet Pg. 49 25.A.2 Packet Pg. 859 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 03/03/2021 Estimate (Approved Budget) Cost (Needed Budgetary Increase) Phase 1 - 18 Portable generators $1,000,000 $1,050,000 $50,000.00 Completed. 18 generators instead of 16 due to site constraints in two locations. Phase 2 - 14 Permanent generators $2,500,000 $3,600,000 $1,100,000 Construction Bids received. Lowest bidder. 14 generators instead of 16 due to site constraints in two locations. Total: $3,500,000 $4,650,000 $1,150,000 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. The Committee will note that Hurricane Resilience is specifically included in Exhibit A. In addition to the Ordinance, it is important that the Committee be comfortable that the proposed expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government infrastructure sales surtax. That statute states, in relevant part as follows: 212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. (d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by the school district, within the county and municipalities within the county, or, in the case of a negotiated joint county agreement, within another county, to finance, plan, and construct infrastructure; to acquire any interest in land for public recreation, conservation, or protection of natural resources or to prevent or satisfy private property rights claims resulting from limitations imposed by the designation of an area of critical state concern; to provide loans, grants, or rebates to residential or commercial property owners who make energy efficiency improvements to their residential or commercial property, if a local government ordinance authorizing such use is approved by referendum; or to finance the closure of county-owned or municipally owned solid waste landfills that have been closed or are required to be closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used for the operational expenses of infrastructure, except that a county that has a population of fewer than 75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance costs associated with landfill closure. Counties, as defined in s. 125.011, and charter counties may, in addition, use the proceeds or interest to retire or service indebtedness incurred for bonds issued before 8.B.1 Packet Pg. 50 25.A.2 Packet Pg. 860 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 03/03/2021 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 (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 are found to satisfy the requirements of both the Ordinance and the Statute will be brought to the Committee. This recommendation, 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.” This item is approved as to form and legality and requires majority vote for approval. - CMG GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts associated with this action. RECOMMENDATION: To validate the proposed additional expenditures of $1,150,000, with a total project cost of $4,650,000, necessary for the design, purchase, and installation of the Hurricane Resilience - Pump Station Emergency Back-up Systems; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. Prepared by Daniel Roman, P.E., Principal Project Manager, Engineering & Project Management ATTACHMENT(S) 1. Hurricane Resilience - Pump Station Emergency Back-up Systems - PowerPoint (PPTX) 2. Hurricane Resilience - Pump Station Emergency Back-up Systems - Project Checklist (PDF) 3. Infrastructure Surtax Statute (PDF) 4. Ordinance 2018-21 (PDF) 8.B.1 Packet Pg. 51 25.A.2 Packet Pg. 861 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 03/03/2021 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 8.B.1 Doc ID: 14913 Item Summary: To validate the proposed additional expenditures of $2.45M, with a total project cost of $5.9M, necessary to complete the previously approved design, purchase, and installation of the Hurricane Resilience - Pump Station Emergency Back-up Systems at thirty-two (32) wastewater pump stations; 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: 03/03/2021 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 02/18/2021 11:57 AM Submitted by: Title: Deputy Department Head – Public Utilities Department Name: Dan Rodriguez 02/18/2021 11:57 AM Approved By: Review: Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 02/22/2021 11:30 AM County Manager's Office Geoffrey Willig Additional Reviewer Completed 02/25/2021 4:53 PM County Manager's Office Heather Yilmaz Additional Reviewer Completed 02/25/2021 5:03 PM CMO Heather Yilmaz Review Item Completed 02/25/2021 5:04 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 03/03/2021 8:30 AM 8.B.1 Packet Pg. 52 25.A.2 Packet Pg. 862 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, Prepared By: Daniel Roman,PE,Principal Project Manager Hurricane Resilience –Pump Station Emergency Back-up Systems Project # 50391 1 Hurricane Resilience –Pump Station Emergency Back-up Systems Public Utilities Department 8.B.1.a Packet Pg. 53 Attachment: Hurricane Resilience - Pump Station Emergency Back-up Systems - PowerPoint (14913 :25.A.2 Packet Pg. 863 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax 2 Hurricane Resilience –Pump Station Emergency Back-up Systems Public Utilities Department Project History o On April 3rd, 2019, the Infrastructure Surtax Committee validated the emergency backup system for thirty-two critical pump stations totaling $3,500,000. o Due to site constraints, 18 portable generators were procured instead of 16 in Phase 1 increasing the cost $50,000. o Staff solicited a design-build project for Phase 2 resulting in a ready to award bid cost of $3,600,000. o Construction bids received with a lowest bidder selection for 14 generators, instead of 16 due to site constraints at two locations in Phase 2 increasing the cost $1,100,000. o To tal budget deficiency to be validated is $1,150,000. 8.B.1.a Packet Pg. 54 Attachment: Hurricane Resilience - Pump Station Emergency Back-up Systems - PowerPoint (14913 :25.A.2 Packet Pg. 864 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Criticality Category Quantity Healthcare 4 Assisted Living Facility 4 Fire/Sheriff 5 Shelter/School 7 Environmental Impact/Sewer Overflow 12 To tal 32 3 Hurricane Resilience –Pump Station Emergency Back-up Systems Public Utilities Department Location Map (All Districts) 32 Pu mp Station Sites 8.B.1.a Packet Pg. 55 Attachment: Hurricane Resilience - Pump Station Emergency Back-up Systems - PowerPoint (14913 :25.A.2 Packet Pg. 865 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax 4 Hurricane Resilience –Pump Station Emergency Back-up Systems Public Utilities Department Project Objectives o To validate the proposed additional expenditures to complete the Pump Station Emergency Back- up systems at (32) wastewater pump stations previously approved on April 3rd, 2019. o On April 3rd, 2019, the Infrastructure Surtax Citizen Oversight Committee validated the emergency backup system for thirty-two critical pump stations totaling $3,500,000. (16 Portable Generators and 16 Permanent Generators) o Due to site constraints, a decision was made to replace two permanent generators with two portable generators in Phase 1. 18 portable generators have been procured, received and are operationally ready for emergency power outages. The cost is $1,050,000, leaving $2,450,000 for the 14 permanent sites in Phase 2. 8.B.1.a Packet Pg. 56 Attachment: Hurricane Resilience - Pump Station Emergency Back-up Systems - PowerPoint (14913 :25.A.2 Packet Pg. 866 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax 5 Hurricane Resilience –Pump Station Emergency Back-up Systems Public Utilities Department Project Objectives o Subsequent to project approval, Staff solicited a design-build project for Phase 2 resulting in a ready to award bid cost of $3,600,000. (Original estimate: 18 Portable Generators $1,050,000; 14 Permanent Generators $2,450,000; Total $3,500,000). o Additionally, after completing step one of the design-build process, approximately $3,600,000 is needed for Phase 2. Compared to the two-year old estimate of $2,450,000 above, an additional $1,150,000 is required. The design-build delivery method was used to complete the project as quickly as possible; however, with this procurement process, preliminary conceptual planning is done prior to solicitation with engineer ’s opinion of probable cost and final design being done after award. Staff ’s estimates were too low in a market with rising engineering and construction costs. 8.B.1.a Packet Pg. 57 Attachment: Hurricane Resilience - Pump Station Emergency Back-up Systems - PowerPoint (14913 :25.A.2 Packet Pg. 867 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax 6 Hurricane Resilience –Pump Station Emergency Back-up Systems Public Utilities Department Project Objectives o Phase 1: 18 Portable Generators o Original Project Estimate: $1,000,000 o Updated Cost: $1,050,000 o Additional Validation Amount: $50,000 o Phase 2: 14 Permanent Generators o Original Project Estimate: $2,500,000 o Updated Cost: $3,600,000 o Additional Validation Amount: $1,100,000 o To tal Project Validation Request o Original Project Validation Total: $3,500,000 o Updated Project Cost Total: $4,650,000 o Requested Budget Increase for Validation: $1,150,000 8.B.1.a Packet Pg. 58 Attachment: Hurricane Resilience - Pump Station Emergency Back-up Systems - PowerPoint (14913 :25.A.2 Packet Pg. 868 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Activity Original Estimate (Approved Budget) Current Cost Difference (Needed Budgetary Increase) Phase 1 -Eighteen Portable generators $1,000,000 $1,050,000 $50,000.00 Phase 2 -Fourteen Fixed generators $2,500,000 $3,600,000 $1,100,000 To tal:$3,500,000 $4,650,000 $1,150,000 Public Utilities Department Hurricane Resilience –Pump Station Emergency Back-up Systems 7 Project Summary / Financials 8.B.1.a Packet Pg. 59 Attachment: Hurricane Resilience - Pump Station Emergency Back-up Systems - PowerPoint (14913 :25.A.2 Packet Pg. 869 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Permanent Emergency Generators Status: 18 portable generators have been received. 14 permanent generators under design/build completed by March of 2022. 8 Hurricane Resilience –Pump Station Emergency Back-up Systems Public Utilities Department Project Schedules / Status 8.B.1.a Packet Pg. 60 Attachment: Hurricane Resilience - Pump Station Emergency Back-up Systems - PowerPoint (14913 :25.A.2 Packet Pg. 870 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Fiscal Impact 9Public Utilities Department Hurricane Resilience –Pump Station Emergency Back-up Systems 8.B.1.a Packet Pg. 61 Attachment: Hurricane Resilience - Pump Station Emergency Back-up Systems - PowerPoint (14913 :25.A.2 Packet Pg. 871 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax 10 Pro ject Summary /Financials Public Utilities Department Hurricane Resilience –Pump Station Emergency Back-up Systems $15 M $5.6 M $1.2 M $0 $2 $4 $6 $8 $10 $12 $14 $16 7-Year Sales Tax Validated Total Estimated Cost Pump Station Emergency Back-up Systems 8.B.1.a Packet Pg. 62 Attachment: Hurricane Resilience - Pump Station Emergency Back-up Systems - PowerPoint (14913 :25.A.2 Packet Pg. 872 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Re co mmendation To validate the proposed additional expenditures of $1,150,000, with a total project cost of $4,650,000, necessary for the design, purchase, and installation of the Hurricane Resilience -Pump Station Emergency Back-up Systems; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018- 21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. Public Utilities Department Hurricane Resilience –Pump Station Emergency Back-up Systems 11 Hurricane Resilience –Pump Station Emergency Back-up Systems 8.B.1.a Packet Pg. 63 Attachment: Hurricane Resilience - Pump Station Emergency Back-up Systems - PowerPoint (14913 :25.A.2 Packet Pg. 873 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Project Project # Infrastructure Surtax Citizens Oversite Committee Project Checklist Project(s) in line with F.S. 212.055 Expenditure related to infrastructure as follows: Construction Improvement of public facilities Land acquisition Land improvement Design Engineering costs Professional & related costs to bring facility into service (CEI, Material Testing, Specialty Consultants) EMS vehicles associated with 3 new substations Court-related expenditures for the construction, lease or maintenance of the Court-related facilities including utilities and security infrastructure Life expectancy of at least 5 years Land Acquisition expenditure for Residential housing project where at least 30% of units are affordable to individuals whose total annual household income does not exceed 120% of area median income. Project(s) in line with County Ordinance 2018-21 Project(s) identified in Exhibit A within County Ordinance 2018-21 Project(s) in line with Ballot Language within County Ordinance 2018-21 The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the project meets the necessary requirements and is eligible to use Surtax Funding on , 2021 Chairman Exhibit A Reference Category: Sub-Category: Funding Requested: 8.B.1.b Packet Pg. 64 Attachment: Hurricane Resilience - Pump Station Emergency Back-up Systems - Project Checklist (14913 : Hurricane Resilience - Pump Station25.A.2 Packet Pg. 874 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds.—It is the legislative intent that any authorization for imposition of a discretionary sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective of the duration of the levy. Each enactment shall specify the types of counties authorized to levy; the rate or rates which may be imposed; the maximum length of time the surtax may be imposed, if any; the procedure which must be followed to secure voter approval, if required; the purpose for which the proceeds may be expended; and such other requirements as the Legislature may provide. Taxable transactions and administrative procedures shall be as provided in s. 212.054. (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.— (a)1. The governing authority in each county may levy a discretionary sales surtax of 0.5 percent or 1 percent. The levy of the surtax shall be pursuant to ordinance enacted by a majority of the members of the county governing authority and approved by a majority of the electors of the county voting in a referendum on the surtax. If the governing bodies of the municipalities representing a majority of the county’s population adopt uniform resolutions establishing the rate of the surtax and calling for a referendum on the surtax, the levy of the surtax shall be placed on the ballot and shall take effect if approved by a majority of the electors of the county voting in the referendum on the surtax. 2. If the surtax was levied pursuant to a referendum held before July 1, 1993, the surtax may not be levied beyond the time established in the ordinance, or, if the ordinance did not limit the period of the levy, the surtax may not be levied for more than 15 years. The levy of such surtax may be extended only by approval of a majority of the electors of the county voting in a referendum on the surtax. (b) A statement which includes a brief general description of the projects to be funded by the surtax and which conforms to the requirements of s. 101.161 shall be placed on the ballot by the governing authority of any county which enacts an ordinance calling for a referendum on the levy of the surtax or in which the governing bodies of the municipalities representing a majority of the county’s population adopt uniform resolutions calling for a referendum on the surtax. The following question shall be placed on the ballot: FOR the -cent sales tax AGAINST the -cent sales tax (c) Pursuant to s. 212.054(4), the proceeds of the surtax levied under this subsection shall be distributed to the county and the municipalities within such county in which the surtax was collected, according to: 1. An interlocal agreement between the county governing authority and the governing bodies of the municipalities representing a majority of the county’s municipal population, which agreement may include a school district with the consent of the county governing authority and the governing bodies of the municipalities representing a majority of the county’s municipal population; or 2. If there is no interlocal agreement, according to the formula provided in s. 218.62. Any change in the distribution formula must take effect on the first day of any month that begins at least 60 days after written notification of that change has been made to the department. (d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by the school district, within the county and municipalities within the county, or, in the 8.B.1.c Packet Pg. 65 Attachment: Infrastructure Surtax Statute (14913 : Hurricane Resilience - Pump Station Emergency Back-up Systems)25.A.2 Packet Pg. 875 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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 (14913 : Hurricane Resilience - Pump Station Emergency Back-up Systems)25.A.2 Packet Pg. 876 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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 (14913 : Hurricane Resilience - Pump Station Emergency Back-up Systems)25.A.2 Packet Pg. 877 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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 (14913 : Hurricane Resilience - Pump Station Emergency Back-up Systems)25.A.2 Packet Pg. 878 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, ORDINANCE NO. 2018- 21 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IMPOSING A COUNTYWIDE LOCAL GOVERNMENT INFRASTRUCTURE SURTAX OF ONE PERCENT (1%) ON ALL AUTHORIZED TAXABLE TRANSACTIONS OCCURRING WITHIN COLLIER COUNTY, AS AUTHORIZED BY SECTION 212.055(2), FLORIDA STATUTES, EFFECTIVE BEGINNING JANUARY 1, 2019, FOR A PERIOD OF UP TO SEVEN (7) YEARS OR UNTIL THE AGGREGATE FUNDS OF$490,000,000 ARE COLLECTED,WHICHEVER IS SOONER; PROVIDING THAT THE IMPOSITION OF THE SURTAX SHALL BE CONTINGENT ON APPROVAL AT A COUNTYWIDE REFERENDUM; PROVIDING FOR A WEBPAGE WHICH DETAILS THE PROPOSED PROJECTS FOR THE PUBLIC; PROVIDING FOR DISTRIBUTION OF SURTAX REVENUES AMONG THE COUNTY AND THE MUNICIPALITIES WITHIN THE COUNTY; PROVIDING FOR CITIZEN OVERSIGHT; PROVIDING BALLOT LANGUAGE AND DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A COUNTYWIDE PRECINCT REFERENDUM ELECTION ON NOVEMBER 6,2018. WHEREAS, Section 212.055(2),Florida Statutes, authorizes the Collier County Board of County Commissioners ("Board") to impose a 1.0 percent (1%) local government infrastructure surtax("Surtax")upon transactions occurring within Collier County("County")which are taxable under Chapter 212, Florida Statutes; and WHEREAS,a 1.0 percent(1%) Surtax would,under current State sales tax rates,result in a one cent (1¢) Surtax on each one dollar ($1.00) sale as specifically provided by law and will be applied to each fractional part of one dollar accordingly; and WHEREAS,the Surtax differs from the transactions subject to the State sales tax in that the local option sales tax base applies only to the first $5,000 of the purchase price of an item of taxable personal property while the State sales tax applies to the entire purchase price regardless of amount,pursuant to Section 212.054(2)(b)(1), Florida Statutes; and WHEREAS,the Surtax does not apply to certain groceries,medical products and supplies, fuel,and other specifically identified goods and services listed in Section 212.08,Florida Statutes; and Page 1 of 8 8.B.1.d Packet Pg. 69 Attachment: Ordinance 2018-21 (14913 : Hurricane Resilience - Pump Station Emergency Back-up Systems)25.A.2 Packet Pg. 879 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, WHEREAS, the funds derived from the imposition of the Surtax shall be distributed to the County and the municipalities of the County("Municipalities"),as set forth in Section 218.62, Florida Statutes, if no interlocal agreement is entered into; and WHEREAS, funds received from the Surtax authorized by Section 212.055(2), Florida Statutes,may be utilized by the County and Municipalities to finance,plan, construct,reconstruct, renovate and improve needed infrastructure,as defined in Section 212.055(2)(d), Florida Statutes; and WHEREAS,the County and the Municipalities are presently without sufficient fiscal and monetary resources to adequately fund their infrastructure needs; and WHEREAS,adequate public infrastructure facilities of the types herein described promote the safe, efficient and uninterrupted provision of numerous essential public services provided by the County and the Municipalities, including but not limited to roads,bridges, signals, sidewalks, parks, evacuation shelters, governmental facilities, including emergency services facilities; acquiring land and construction for workforce housing and career and technical training,veterans' nursing home and expand mental health facilities; and WHEREAS, a brief description of the projects to be funded is set forth in the ballot language contained in this Ordinance and a more specific list of projects to be funded is attached hereto as Exhibit A; and WHEREAS, the County and the Municipalities shall establish a citizen oversight committee to provide for citizen review of the expenditure of Surtax proceeds. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida,that: SECTION ONE. Incorporation of Recitals. The above recitals are true and correct and are hereby incorporated by reference. Page 2 of 8 8.B.1.d Packet Pg. 70 Attachment: Ordinance 2018-21 (14913 : Hurricane Resilience - Pump Station Emergency Back-up Systems)25.A.2 Packet Pg. 880 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, SECTION TWO. Imposition of Local Government Infrastructure Surtax. There is hereby imposed a one percent (1%) local government infrastructure surtax Surtax") upon all authorized taxable transactions occurring within the County. SECTION THREE. Administration, Collection and Distribution of Proceeds. The Surtax shall be administered,collected,and enforced in accordance with the provisions of Section 212.054, Florida Statutes, and the rules promulgated by the Florida Department of Revenue. The proceeds of the Surtax shall be distributed by the Department of Revenue directly to the County and Municipalities, in accordance with Section 218.62, Florida Statutes. SECTION FOUR. Referendum Election. a) The Surtax imposed in Section Two hereof shall not take effect unless and until approved by a majority of the electors of the County voting in a countywide precinct referendum election on the Surtax. b) The Collier County Supervisor of Elections is hereby directed to hold such countywide precinct referendum election on November 6,2018. c) The Collier County Supervisor of Elections shall cause the following proposition to be placed on the ballot: COLLIER COUNTY AND MUNICIPAL INFRASTRUCTURE ONE-CENT SALES SURTAX To enhance safety, mobility, and hurricane preparedness in Collier County and its cities by constructing, repairing, and maintaining roads, bridges, signals, sidewalks, parks, evacuation shelters, governmental and emergency services facilities; acquire land and support construction for workforce housing and career and technical training,veterans'nursing home and expand mental health facilities; shall the County levy a one-cent sales surtax beginning January 1, 2019 and automatically ending December 31, 2025, with oversight by citizen committee? FOR THE ONE-CENT SALES TAX AGAINST THE ONE-CENT SALES TAX Page 3 of 8 8.B.1.d Packet Pg. 71 Attachment: Ordinance 2018-21 (14913 : Hurricane Resilience - Pump Station Emergency Back-up Systems)25.A.2 Packet Pg. 881 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, SECTION FIVE. Advertisement and Webpage. The Collier County Clerk of Court shall insure that notice of this referendum be advertised in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall be provided to the Chair of the Board. Upon adoption of this Ordinance, the County shall create a webpage available to the public on the County's main website which details the proposed projects to be funded by the Surtax,as well as the particulars regarding the imposition and collection of the Surtax. SECTION SIX.Expiration Date; Survival of Certain Restricted Uses. a) Sunset. In all events,this Ordinance shall be in effect only through December 31, 2025. It shall sunset and expire thereafter,without further action by the Board and the electors, at which time it shall be deemed repealed and of no further force and effect, and the Surtax levied hereunder shall terminate. Alternatively,this Ordinance shall sunset on December 31 st of any year during the term of this Ordinance in the event that the total aggregate distributions of Surtax proceeds equal or exceed the amount of$490,000,000 at any time during that calendar year, in which event the Board shall take necessary action to repeal this Ordinance and notify the Florida Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the following year. b) Survival of restrictions on use of Surtax proceeds. Notwithstanding the provisions of subsection (a) for the expiration and repeal of this Ordinance, so long as any Surtax proceeds shall remain unspent, the restrictions hereby imposed concerning the distribution and use of such Surtax proceeds as well as the proceeds of any borrowings payable from Surtax proceeds, and all interest and other investment earnings on either of them shall survive such expiration and repeal and shall be fully enforceable in a court of competent jurisdiction. SECTION SEVEN. Infrastructure Surtax Citizen Oversight Committee. a) Creation. Upon the approval of the Surtax by the electors of Collier County, the Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee("Committee") to provide for citizen review of the expenditure of the Surtax proceeds by the County, as soon as Page 4 of 8 8.B.1.d Packet Pg. 72 Attachment: Ordinance 2018-21 (14913 : Hurricane Resilience - Pump Station Emergency Back-up Systems)25.A.2 Packet Pg. 882 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, possible after the Surtax becomes effective,but not later than the date on which the funds are first expended. The Committee shall serve as an ad hoc advisory and reporting body to the County. b) Composition. The Committee shall be comprised of seven (7) members. There shall be one(1)member appointed from each County District,and two(2)at-large members. Upon confirmation that said individuals meet the requirements herein, the Board shall appoint said individuals to this Committee. Appointment of positions, unless otherwise stated herein, shall be governed by Collier County Ordinance No. 2001-55, as may be amended, or by its successor ordinance. c) Membership Qualifications. All members shall have the following qualifications: 1) Member shall be a resident of Collier County; 2) Member shall not be an elected official; 3) Member shall not be a current employee of any governmental body within Collier County; 4) Special consideration shall be given to nominees that have financial or business management backgrounds and experience; and 5) Member shall meet the qualifications set forth in Collier County Ordinance No. 2001-55, as may be amended or its successor ordinance. d) Term. The initial terms for the at-large seats shall be one year;the remainder of the at-large terms shall be for two years or until the Committee sunsets. The initial terms and all terms thereafter for each District seat shall be for two years or until the Committee sunsets. All members shall be eligible for reappointment upon the expiration of their term. Upon resignation or removal of a member from a seat, that seat will be filled for the remainder of its term. e) Removal. Removal of members from the Committee shall be in accordance with the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor ordinance. Page 5 of 8 8.B.1.d Packet Pg. 73 Attachment: Ordinance 2018-21 (14913 : Hurricane Resilience - Pump Station Emergency Back-up Systems)25.A.2 Packet Pg. 883 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, f) Sunset. The Committee shall sunset and terminate without further action by the Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the County. At its final meeting after the Surtax proceeds have been expended, the Committee shall prepare a final report to the Board with its findings and recommendations. g) Duties. The Committee shall have the responsibility to review the expenditure of Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The Board may expend proceeds of the Surtax on projects not specifically stated herein or in the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2) have a positive recommendation by this Committee,and(3)fall within the projects and categories identified. The Committee shall not recommend alternative projects, unless requested by the Board. h) Officer; Meetings; Quorum; Rules of Procedure. 1) Annually the members of the Committee shall elect a chairperson and vice chairperson from among the members. The chairperson's and vice chairperson's terms in such positions shall be for one(1)year with eligibility for re-election by the members of the Committee. 2) The Committee shall meet monthly, or as otherwise needed to fulfill their duties and responsibilities. 3) The presence of at least five (5) members shall constitute a quorum of the Committee necessary to take action and transact business. In addition, an affirmative vote of a super majority (majority present plus one) shall be necessary in order to take official action. Furthermore,by simple majority vote,but never with less than 5 members present,the Committee shall adopt rules of procedure for its meetings, and thereafter shall be governed by its procedures, as amended from time to time. 4) The Committee shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board. The Committee shall submit an annual report of its findings and recommendations to the Board. Page 6 of 8 8.B.1.d Packet Pg. 74 Attachment: Ordinance 2018-21 (14913 : Hurricane Resilience - Pump Station Emergency Back-up Systems)25.A.2 Packet Pg. 884 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, i) Reimbursement of Expenses. Committee members shall receive no compensation for the performance of their duties, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval by the Board. j) Duties of the County Manager's Office. The County Manager's Office will provide such documentation, information, descriptions of procedures, secretarial support and general assistance to the Committee as may be necessary for the Committee to carry out its functions as set forth herein. k) The Committee, its members, and all its proceedings shall be governed by and comply with the provisions of the Florida Sunshine Law,Chapter 286,Florida Statutes,the Florida Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112, Florida Statutes, and all other applicable local or state statutes, ordinances, or rules. SECTION EIGHT. Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE. Inclusion in The Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or any other appropriate word. SECTION TEN. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. Page 7 of 8 8.B.1.d Packet Pg. 75 Attachment: Ordinance 2018-21 (14913 : Hurricane Resilience - Pump Station Emergency Back-up Systems)25.A.2 Packet Pg. 885 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this Ze4\ day of r\\ 2018. ATTEST:BOARD OF COUNTY COMMISSIONERS DWIGHT E.,BROCK, Clerk COLLIER P I TY, FLO' !! • By---. 1 A A B Attest as to Chairman's' Deputy Cle IOWAndy Solis, Chairman signature only. Appro 1;,d -- ! rm and legality: 41111 , Jeffrey • r ow, County Attorney This ordinance filed with the Secretary of St tkensOffice v4lo ''day of _ and acknowledgement otf that filing eceived this dayy of _ L. 49 By __ _ tout tk Page 8 of 8 8.B.1.d Packet Pg. 76 Attachment: Ordinance 2018-21 (14913 : Hurricane Resilience - Pump Station Emergency Back-up Systems)25.A.2 Packet Pg. 886 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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 ,. Er O r• N 44 44 44 44 f• r itt M tf 4A M N 44 O v* Tr N N N i V N / A 44 44 4* r. 4'} 44 IA to 1.. to 69 V? 44 4, VX M A M co N loo 0 0 0 0 0 0 0 o O a ONU 4 44. 4* 4* M 4* N 4. 1e• ug N U.4. 1in 2222222222222 2 2222222 2 0 O o o 0 o 0 0 0 o O o o O 0 0 0 0 0 0 0 0 0 V a; o ,- M 4 r+ to GO o N ri o to N is; to p ori O O tfi r R ' C co ' O- 40 40 CO co v..co fa U)tO 49 U N Mk r 4A ' 4A 69 m 0 11.3 in 44 ii) U) il EtoW sc0 0 o o co E Y T O r_ 0R E v. fi mC1 Occ4+ «C i o R m E O mC ' Cl 0 o ro a 4 . 3 v si C ' Q W d C q0j W if s: rg V O OC R •_ 1 dW i 7 RQ in,,, . 3 a V ? O A cC m17; J C • 0 d 4 0 C C 0 ti ' OCD • v 41 0R i 3 ' s3 1 V 0.: 0 d C ea O : w O ... mom r+ 44 00 0 ia. 4a m = ' C 00 of 0 W CI 6 N +' O N d . 10 de 11 N C 0 m O ++ O . 0 - 0 cc O - R m 0 0 w R 3 3 0 • L i f.II- a 0 X 0 • 4 O C m C 0 N V . 0 V ci £ d r. TV.. 12 W c C O ; o C a R a m L . Qsn i N E Z a. C = L s6 C . R ` •-. • ' a 4 0 0 Q > ., 0 g 0 sa Q O * i 1.. > Q. CO X d F- Z sp 4• W 03 G Z n Z W 0 0 > ; 2 tp 8.B.1.d Packet Pg. 77 Attachment: Ordinance 2018-21 (14913 : Hurricane Resilience - Pump Station Emergency Back-up25.A.2 Packet Pg. 887 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax ofTY, Sr FIk y 1 ei I 614,Ka.Ce.'' FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 26, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-21, which was filed in this office on April 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 8.B.1.d Packet Pg. 78 Attachment: Ordinance 2018-21 (14913 : Hurricane Resilience - Pump Station Emergency Back-up Systems)25.A.2 Packet Pg. 888 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 03/03/2021 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.A Item Summary: Monthly Report to Committee - February 2021 Meeting Date: 03/03/2021 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 02/18/2021 1:36 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 02/18/2021 1:36 PM Approved By: Review: County Manager's Office Geoffrey Willig Additional Reviewer Completed 02/19/2021 3:41 PM County Manager's Office Heather Yilmaz Additional Reviewer Completed 02/25/2021 4:59 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 03/03/2021 8:30 AM 9.A Packet Pg. 79 25.A.2 Packet Pg. 889 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, One Penny Infrastructure Sales Tax - Status of Projects in Exhibit A As of February 17, 2021 Project Number Description Exhibit A - Sales Tax Allocation & Reallocations* 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) **33,000,000$ 33,000,000$ -$ -$ 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$ -$ -$ New Bridges (11) Golden Gate Estates **34,000,000$ 29,900,000$ -$ 60212 16th St. NE Bridge 4,100,000$ 60228 Sidewalks 10,000,000$ 10,000,000$ -$ 129,710$ Subtotal - Transportation 191,000,000$ 154,100,000$ 36,900,000$ 129,710$ Facilities & Capital Replacements 70167 Forensic/Evidence Bldg.33,000,000$ 33,000,000$ -$ 3,221,803$ 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$ -$ 226,130$ 39,000,000$ 591,816$ 50163 Naples Lib HVAC 1,756,220$ 153,874$ 50164 Health Bldg. HVAC 1,644,417$ -$ 50165 Health Bldg. Roof 657,000$ 24,648$ 50166 Jail & Chiller Plant HVAC-completed 1,324,490$ *1,324,490$ 50176 Immokalee Health Bldg. HVAC/Roof 1,403,500$ 1,362,865$ 50181 Jail Isolation Rooms HVAC-completed 175,835$ *175,835$ 50182 Jail Steam to Hot Water Boiler Conversion 550,000$ 418,862$ 50183 Jail Security System Replacement 1,632,790$ 1,632,790$ 50184 Jail Generator - Phase 1 & Phase 2 3,150,000$ 647,387$ 50185 Jail Laundry Replacement & Safety Upgrades 1,450,000$ 53,637$ 50187 Museum - Everglades City Roof Replacement-completed 68,979$ *68,979$ 50188 Switchgear Upgrade A, B, & K 1,800,000$ 1,648,044$ 50189 Underground Chilled Water Pipe 4,000,000$ 527,875$ 50190 Vineyards Com Pk Air System Replacement-completed 223,453$ *223,453$ 50191 Em Serv Ctr Chiller Replacement 1,202,500$ 998,216$ 50214 New Chiller Plant 11,500,000$ -$ 50221 Reliable Building Automation Upgrade 4,000,000$ 102,960$ 53007 Jail Kitchen Renovation 1,869,000$ 1,827,813$ Hurricane Resilience 15,000,000$ 9,430,000$ 50390 ESC Enclose Bay 1,500,000$ 97,800$ 50391 PUD Generators 3,500,000$ 1,112,034$ 50393 Generators - N Collier Pk & Imm Sports Complex 570,000$ -$ EMS Substations (3)6,000,000$ 1,277,800$ 55211 Heritage Bay EMS station 2,222,200$ -$ 55212 Golden Gate Estates 2,500,000$ Subtotal - Fac & Cap Replacements 139,000,000$ 127,700,384$ 11,299,616$ 55,849,494$ 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$ 281,800,384$ 138,199,616$ 55,979,204$ *The Committee validates projects at a set dollar amount and budgets are established. Once projects are completed, any excess budget remaining in the project is returned to "Balance to be validated by Committee" column. The "Committee Validated/Project Total" column will reflect the actual amount spent on the project. **On September 2, 2020, Agenda Item 8.A.1 the Committee approved Exhibit A reallocation of $26 million from the New Bridge project 60212 ($60M to $34M) to the Replacement Bridge project 66066 ($7M to $33M). HVAC, Roofing, & Cap Equip Replace at Sheriff's & 9.A.1 Packet Pg. 80 Attachment: Monthly Report to Committee - February 2021 (14916 : Monthly Report to Committee - February 2021)25.A.2 Packet Pg. 890 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, One Penny Infrastructure Sales Tax - Status of Projects in Exhibit A As of February 17, 2021 (Jan-Dec)Infra Sales Tax***Interest Date of Deposit Collier County - Year 1 (2019)67,102,467.20 417,879.71 (10 months activity - March thru Dec) Year 2 (2020)81,700,729.89 1,057,377.20 January 1, 2020 -December 31, 2020 Year 3 (2021)6,929,725.37 - January 1, 2021 -February 17, 2021 155,732,922.46 1,475,256.91 City of Naples - Year 1 (2019)3,906,871.03 (10 months activity - March thru Dec) Year 2 (2020)4,688,902.85 January 1, 2020 -December 31, 2020 Year 3 (2021)526,723.94 January 1, 2021 -February 17, 2021 City of Marco Island - Year 1 (2019)3,292,201.42 (10 months activity - March thru Dec) Year 2 (2020)3,927,711.12 January 1, 2020 -December 31, 2020 Year 3 (2021)436,746.39 January 1, 2021 -February 17, 2021 Everglades City - Year 1 (2019)83,701.53 (10 months activity - March thru Dec) Year 2 (2020)94,476.37 January 1, 2020 -December 31, 2020 Year 3 (2021)10,775.16 January 1, 2021 -February 17, 2021 Total Infrastructure Surtax Collected 172,701,032.27 Total amount noted in the Ordinance****490,000,000$ *** 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 DecMillionsLocal Option Infrastructure Sales Tax -State's Distribution to County 2019 2020 2021 9.A.1 Packet Pg. 81 Attachment: Monthly Report to Committee - February 2021 (14916 : Monthly Report to Committee - February 2021)25.A.2 Packet Pg. 891 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 03/03/2021 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.B Item Summary: Committee Support Documents Meeting Date: 03/03/2021 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 02/22/2021 4:07 PM Submitted by: Title: Deputy Department Head – Public Utilities Department Name: Dan Rodriguez 02/22/2021 4:07 PM Approved By: Review: County Manager's Office Geoffrey Willig Additional Reviewer Completed 02/25/2021 11:54 AM County Manager's Office Heather Yilmaz Review Item Completed 02/25/2021 4:57 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 03/03/2021 8:30 AM 9.B Packet Pg. 82 25.A.2 Packet Pg. 892 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds.—It is the legislative intent that any authorization for imposition of a discretionary sales surtax shall be published in the Florida Statutes as a subsection of this section, irrespective of the duration of the levy. Each enactment shall specify the types of counties authorized to levy; the rate or rates which may be imposed; the maximum length of time the surtax may be imposed, if any; the procedure which must be followed to secure voter approval, if required; the purpose for which the proceeds may be expended; and such other requirements as the Legislature may provide. Taxable transactions and administrative procedures shall be as provided in s. 212.054. (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.— (a)1. The governing authority in each county may levy a discretionary sales surtax of 0.5 percent or 1 percent. The levy of the surtax shall be pursuant to ordinance enacted by a majority of the members of the county governing authority and approved by a majority of the electors of the county voting in a referendum on the surtax. If the governing bodies of the municipalities representing a majority of the county’s population adopt uniform resolutions establishing the rate of the surtax and calling for a referendum on the surtax, the levy of the surtax shall be placed on the ballot and shall take effect if approved by a majority of the electors of the county voting in the referendum on the surtax. 2. If the surtax was levied pursuant to a referendum held before July 1, 1993, the surtax may not be levied beyond the time established in the ordinance, or, if the ordinance did not limit the period of the levy, the surtax may not be levied for more than 15 years. The levy of such surtax may be extended only by approval of a majority of the electors of the county voting in a referendum on the surtax. (b) A statement which includes a brief general description of the projects to be funded by the surtax and which conforms to the requirements of s. 101.161 shall be placed on the ballot by the governing authority of any county which enacts an ordinance calling for a referendum on the levy of the surtax or in which the governing bodies of the municipalities representing a majority of the county’s population adopt uniform resolutions calling for a referendum on the surtax. The following question shall be placed on the ballot: FOR the -cent sales tax AGAINST the -cent sales tax (c) Pursuant to s. 212.054(4), the proceeds of the surtax levied under this subsection shall be distributed to the county and the municipalities within such county in which the surtax was collected, according to: 1. An interlocal agreement between the county governing authority and the governing bodies of the municipalities representing a majority of the county’s municipal population, which agreement may include a school district with the consent of the county governing authority and the governing bodies of the municipalities representing a majority of the county’s municipal population; or 2. If there is no interlocal agreement, according to the formula provided in s. 218.62. Any change in the distribution formula must take effect on the first day of any month that begins at least 60 days after written notification of that change has been made to the department. (d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by the school district, within the county and municipalities within the county, or, in the 9.B.1 Packet Pg. 83 Attachment: Infrastructure Surtax Statute (15124 : Committee Support Documents)25.A.2 Packet Pg. 893 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, case of a negotiated joint county agreement, within another county, to finance, plan, and construct infrastructure; to acquire any interest in land for public recreation, conservation, or protection of natural resources or to prevent or satisfy private property rights claims resulting from limitations imposed by the designation of an area of critical state concern; to provide loans, grants, or rebates to residential or commercial property owners who make energy efficiency improvements to their residential or commercial property, if a local government ordinance authorizing such use is approved by referendum; or to finance the closure of county-owned or municipally owned solid waste landfills that have been closed or are required to be closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used for the operational expenses of infrastructure, except that a county that has a population of fewer than 75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance costs associated with landfill closure. Counties, as defined in s. 125.011, and charter counties may, in addition, use the proceeds or interest to retire or service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for bonds subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes of retiring or servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified. 1. For the purposes of this paragraph, the term “infrastructure” means: a. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years, any related land acquisition, land improvement, design, and engineering costs, and all other professional and related costs required to bring the public facilities into service. For purposes of this sub-subparagraph, the term “public facilities” means facilities as defined in s. 163.3164(39), s.163.3221(13), or s. 189.012(5), and includes facilities that are necessary to carry out governmental purposes, including, but not limited to, fire stations, general governmental office buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing authority or another governmental entity. b. A fire department vehicle, an emergency medical service vehicle, a sheriff’s office vehicle, a police department vehicle, or any other vehicle, and the equipment necessary to outfit the vehicle for its official use or equipment that has a life expectancy of at least 5 years. c. Any expenditure for the construction, lease, or maintenance of, or provision of utilities or security for, facilities, as defined in s. 29.008. d. Any fixed capital expenditure or fixed capital outlay associated with the improvement of private facilities that have a life expectancy of 5 or more years and that the owner agrees to make available for use on a temporary basis as needed by a local government as a public emergency shelter or a staging area for emergency response equipment during an emergency officially declared by the state or by the local government under s. 252.38. Such improvements are limited to those necessary to comply with current standards for public emergency evacuation shelters. The owner must enter into a written contract with the local government providing the improvement funding to make the private facility available to the public for purposes of emergency shelter at no cost to the local government for a minimum of 10 years after completion of the improvement, with the provision that the obligation will transfer to any subsequent owner until the end of the minimum period. e. Any land acquisition expenditure for a residential housing project in which at least 30 percent of the units are affordable to individuals or families whose total annual household income does not exceed 120 percent of the area median income adjusted for household size, if 9.B.1 Packet Pg. 84 Attachment: Infrastructure Surtax Statute (15124 : Committee Support Documents)25.A.2 Packet Pg. 894 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, the land is owned by a local government or by a special district that enters into a written agreement with the local government to provide such housing. The local government or special district may enter into a ground lease with a public or private person or entity for nominal or other consideration for the construction of the residential housing project on land acquired pursuant to this sub-subparagraph. f. Instructional technology used solely in a school district’s classrooms. As used in this sub- subparagraph, the term “instructional technology” means an interactive device that assists a teacher in instructing a class or a group of students and includes the necessary hardware and software to operate the interactive device. The term also includes support systems in which an interactive device may mount and is not required to be affixed to the facilities. 2. For the purposes of this paragraph, the term “energy efficiency improvement” means any energy conservation and efficiency improvement that reduces consumption through conservation or a more efficient use of electricity, natural gas, propane, or other forms of energy on the property, including, but not limited to, air sealing; installation of insulation; installation of energy-efficient heating, cooling, or ventilation systems; installation of solar panels; building modifications to increase the use of daylight or shade; replacement of windows; installation of energy controls or energy recovery systems; installation of electric vehicle charging equipment; installation of systems for natural gas fuel as defined in s. 206.9951; and installation of efficient lighting equipment. 3. Notwithstanding any other provision of this subsection, a local government infrastructure surtax imposed or extended after July 1, 1998, may allocate up to 15 percent of the surtax proceeds for deposit into a trust fund within the county’s accounts created for the purpose of funding economic development projects having a general public purpose of improving local economies, including the funding of operational costs and incentives related to economic development. The ballot statement must indicate the intention to make an allocation under the authority of this subparagraph. (e) School districts, counties, and municipalities receiving proceeds under the provisions of this subsection may pledge such proceeds for the purpose of servicing new bond indebtedness incurred pursuant to law. Local governments may use the services of the Division of Bond Finance of the State Board of Administration pursuant to the State Bond Act to issue any bonds through the provisions of this subsection. Counties and municipalities may join together for the issuance of bonds authorized by this subsection. (f)1. Notwithstanding paragraph (d), a county that has a population of 50,000 or less on April 1, 1992, or any county designated as an area of critical state concern on the effective date of this act, and that imposed the surtax before July 1, 1992, may use the proceeds and interest of the surtax for any public purpose if: a. The debt service obligations for any year are met; b. The county’s comprehensive plan has been determined to be in compliance with part II of chapter 163; and c. The county has adopted an amendment to the surtax ordinance pursuant to the procedure provided in s. 125.66 authorizing additional uses of the surtax proceeds and interest. 2. A municipality located within a county that has a population of 50,000 or less on April 1, 1992, or within a county designated as an area of critical state concern on the effective date of this act, and that imposed the surtax before July 1, 1992, may not use the proceeds and interest of the surtax for any purpose other than an infrastructure purpose authorized in paragraph (d) unless the municipality’s comprehensive plan has been determined to be in compliance with part II of 9.B.1 Packet Pg. 85 Attachment: Infrastructure Surtax Statute (15124 : Committee Support Documents)25.A.2 Packet Pg. 895 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, chapter 163 and the municipality has adopted an amendment to its surtax ordinance or resolution pursuant to the procedure provided in s. 166.041 authorizing additional uses of the surtax proceeds and interest. Such municipality may expend the surtax proceeds and interest for any public purpose authorized in the amendment. 3. Those counties designated as an area of critical state concern which qualify to use the surtax for any public purpose may use only up to 10 percent of the surtax proceeds for any public purpose other than for infrastructure purposes authorized by this section. A county that was designated as an area of critical state concern for at least 20 consecutive years prior to removal of the designation, and that qualified to use the surtax for any public purpose at the time of the removal of the designation, may continue to use up to 10 percent of the surtax proceeds for any public purpose other than for infrastructure purposes for 20 years following removal of the designation, notwithstanding subparagraph (a)2. After expiration of the 20-year period, a county may continue to use up to 10 percent of the surtax proceeds for any public purpose other than for infrastructure if the county adopts an ordinance providing for such continued use of the surtax proceeds. (g) Notwithstanding paragraph (d), a county having a population greater than 75,000 in which the taxable value of real property is less than 60 percent of the just value of real property for ad valorem tax purposes for the tax year in which an infrastructure surtax referendum is placed before the voters, and the municipalities within such a county, may use the proceeds and interest of the surtax for operation and maintenance of parks and recreation programs and facilities established with the proceeds of the surtax throughout the duration of the surtax levy or while interest earnings accruing from the proceeds of the surtax are available for such use, whichever period is longer. (h) Notwithstanding any other provision of this section, a county shall not levy local option sales surtaxes authorized in this subsection and subsections (3), (4), and (5) in excess of a combined rate of 1 percent. 9.B.1 Packet Pg. 86 Attachment: Infrastructure Surtax Statute (15124 : Committee Support Documents)25.A.2 Packet Pg. 896 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, ORDINANCE NO. 2018- 21 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IMPOSING A COUNTYWIDE LOCAL GOVERNMENT INFRASTRUCTURE SURTAX OF ONE PERCENT (1%) ON ALL AUTHORIZED TAXABLE TRANSACTIONS OCCURRING WITHIN COLLIER COUNTY, AS AUTHORIZED BY SECTION 212.055(2), FLORIDA STATUTES, EFFECTIVE BEGINNING JANUARY 1, 2019, FOR A PERIOD OF UP TO SEVEN (7) YEARS OR UNTIL THE AGGREGATE FUNDS OF$490,000,000 ARE COLLECTED,WHICHEVER IS SOONER; PROVIDING THAT THE IMPOSITION OF THE SURTAX SHALL BE CONTINGENT ON APPROVAL AT A COUNTYWIDE REFERENDUM; PROVIDING FOR A WEBPAGE WHICH DETAILS THE PROPOSED PROJECTS FOR THE PUBLIC; PROVIDING FOR DISTRIBUTION OF SURTAX REVENUES AMONG THE COUNTY AND THE MUNICIPALITIES WITHIN THE COUNTY; PROVIDING FOR CITIZEN OVERSIGHT; PROVIDING BALLOT LANGUAGE AND DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A COUNTYWIDE PRECINCT REFERENDUM ELECTION ON NOVEMBER 6,2018. WHEREAS, Section 212.055(2),Florida Statutes, authorizes the Collier County Board of County Commissioners ("Board") to impose a 1.0 percent (1%) local government infrastructure surtax("Surtax")upon transactions occurring within Collier County("County")which are taxable under Chapter 212, Florida Statutes; and WHEREAS,a 1.0 percent(1%) Surtax would,under current State sales tax rates,result in a one cent (1¢) Surtax on each one dollar ($1.00) sale as specifically provided by law and will be applied to each fractional part of one dollar accordingly; and WHEREAS,the Surtax differs from the transactions subject to the State sales tax in that the local option sales tax base applies only to the first $5,000 of the purchase price of an item of taxable personal property while the State sales tax applies to the entire purchase price regardless of amount,pursuant to Section 212.054(2)(b)(1), Florida Statutes; and WHEREAS,the Surtax does not apply to certain groceries,medical products and supplies, fuel,and other specifically identified goods and services listed in Section 212.08,Florida Statutes; and Page 1 of 8 9.B.2 Packet Pg. 87 Attachment: Ordinance 2018-21 (15124 : Committee Support Documents)25.A.2 Packet Pg. 897 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, WHEREAS, the funds derived from the imposition of the Surtax shall be distributed to the County and the municipalities of the County("Municipalities"),as set forth in Section 218.62, Florida Statutes, if no interlocal agreement is entered into; and WHEREAS, funds received from the Surtax authorized by Section 212.055(2), Florida Statutes,may be utilized by the County and Municipalities to finance,plan, construct,reconstruct, renovate and improve needed infrastructure,as defined in Section 212.055(2)(d), Florida Statutes; and WHEREAS,the County and the Municipalities are presently without sufficient fiscal and monetary resources to adequately fund their infrastructure needs; and WHEREAS,adequate public infrastructure facilities of the types herein described promote the safe, efficient and uninterrupted provision of numerous essential public services provided by the County and the Municipalities, including but not limited to roads,bridges, signals, sidewalks, parks, evacuation shelters, governmental facilities, including emergency services facilities; acquiring land and construction for workforce housing and career and technical training,veterans' nursing home and expand mental health facilities; and WHEREAS, a brief description of the projects to be funded is set forth in the ballot language contained in this Ordinance and a more specific list of projects to be funded is attached hereto as Exhibit A; and WHEREAS, the County and the Municipalities shall establish a citizen oversight committee to provide for citizen review of the expenditure of Surtax proceeds. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida,that: SECTION ONE. Incorporation of Recitals. The above recitals are true and correct and are hereby incorporated by reference. Page 2 of 8 9.B.2 Packet Pg. 88 Attachment: Ordinance 2018-21 (15124 : Committee Support Documents)25.A.2 Packet Pg. 898 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, SECTION TWO. Imposition of Local Government Infrastructure Surtax. There is hereby imposed a one percent (1%) local government infrastructure surtax Surtax") upon all authorized taxable transactions occurring within the County. SECTION THREE. Administration, Collection and Distribution of Proceeds. The Surtax shall be administered,collected,and enforced in accordance with the provisions of Section 212.054, Florida Statutes, and the rules promulgated by the Florida Department of Revenue. The proceeds of the Surtax shall be distributed by the Department of Revenue directly to the County and Municipalities, in accordance with Section 218.62, Florida Statutes. SECTION FOUR. Referendum Election. a) The Surtax imposed in Section Two hereof shall not take effect unless and until approved by a majority of the electors of the County voting in a countywide precinct referendum election on the Surtax. b) The Collier County Supervisor of Elections is hereby directed to hold such countywide precinct referendum election on November 6,2018. c) The Collier County Supervisor of Elections shall cause the following proposition to be placed on the ballot: COLLIER COUNTY AND MUNICIPAL INFRASTRUCTURE ONE-CENT SALES SURTAX To enhance safety, mobility, and hurricane preparedness in Collier County and its cities by constructing, repairing, and maintaining roads, bridges, signals, sidewalks, parks, evacuation shelters, governmental and emergency services facilities; acquire land and support construction for workforce housing and career and technical training,veterans'nursing home and expand mental health facilities; shall the County levy a one-cent sales surtax beginning January 1, 2019 and automatically ending December 31, 2025, with oversight by citizen committee? FOR THE ONE-CENT SALES TAX AGAINST THE ONE-CENT SALES TAX Page 3 of 8 9.B.2 Packet Pg. 89 Attachment: Ordinance 2018-21 (15124 : Committee Support Documents)25.A.2 Packet Pg. 899 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, SECTION FIVE. Advertisement and Webpage. The Collier County Clerk of Court shall insure that notice of this referendum be advertised in accordance with the provisions of Section 100.342, Florida Statutes. Proof of publication shall be provided to the Chair of the Board. Upon adoption of this Ordinance, the County shall create a webpage available to the public on the County's main website which details the proposed projects to be funded by the Surtax,as well as the particulars regarding the imposition and collection of the Surtax. SECTION SIX.Expiration Date; Survival of Certain Restricted Uses. a) Sunset. In all events,this Ordinance shall be in effect only through December 31, 2025. It shall sunset and expire thereafter,without further action by the Board and the electors, at which time it shall be deemed repealed and of no further force and effect, and the Surtax levied hereunder shall terminate. Alternatively,this Ordinance shall sunset on December 31 st of any year during the term of this Ordinance in the event that the total aggregate distributions of Surtax proceeds equal or exceed the amount of$490,000,000 at any time during that calendar year, in which event the Board shall take necessary action to repeal this Ordinance and notify the Florida Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the following year. b) Survival of restrictions on use of Surtax proceeds. Notwithstanding the provisions of subsection (a) for the expiration and repeal of this Ordinance, so long as any Surtax proceeds shall remain unspent, the restrictions hereby imposed concerning the distribution and use of such Surtax proceeds as well as the proceeds of any borrowings payable from Surtax proceeds, and all interest and other investment earnings on either of them shall survive such expiration and repeal and shall be fully enforceable in a court of competent jurisdiction. SECTION SEVEN. Infrastructure Surtax Citizen Oversight Committee. a) Creation. Upon the approval of the Surtax by the electors of Collier County, the Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee("Committee") to provide for citizen review of the expenditure of the Surtax proceeds by the County, as soon as Page 4 of 8 9.B.2 Packet Pg. 90 Attachment: Ordinance 2018-21 (15124 : Committee Support Documents)25.A.2 Packet Pg. 900 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, possible after the Surtax becomes effective,but not later than the date on which the funds are first expended. The Committee shall serve as an ad hoc advisory and reporting body to the County. b) Composition. The Committee shall be comprised of seven (7) members. There shall be one(1)member appointed from each County District,and two(2)at-large members. Upon confirmation that said individuals meet the requirements herein, the Board shall appoint said individuals to this Committee. Appointment of positions, unless otherwise stated herein, shall be governed by Collier County Ordinance No. 2001-55, as may be amended, or by its successor ordinance. c) Membership Qualifications. All members shall have the following qualifications: 1) Member shall be a resident of Collier County; 2) Member shall not be an elected official; 3) Member shall not be a current employee of any governmental body within Collier County; 4) Special consideration shall be given to nominees that have financial or business management backgrounds and experience; and 5) Member shall meet the qualifications set forth in Collier County Ordinance No. 2001-55, as may be amended or its successor ordinance. d) Term. The initial terms for the at-large seats shall be one year;the remainder of the at-large terms shall be for two years or until the Committee sunsets. The initial terms and all terms thereafter for each District seat shall be for two years or until the Committee sunsets. All members shall be eligible for reappointment upon the expiration of their term. Upon resignation or removal of a member from a seat, that seat will be filled for the remainder of its term. e) Removal. Removal of members from the Committee shall be in accordance with the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor ordinance. Page 5 of 8 9.B.2 Packet Pg. 91 Attachment: Ordinance 2018-21 (15124 : Committee Support Documents)25.A.2 Packet Pg. 901 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, f) Sunset. The Committee shall sunset and terminate without further action by the Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the County. At its final meeting after the Surtax proceeds have been expended, the Committee shall prepare a final report to the Board with its findings and recommendations. g) Duties. The Committee shall have the responsibility to review the expenditure of Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The Board may expend proceeds of the Surtax on projects not specifically stated herein or in the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2) have a positive recommendation by this Committee,and(3)fall within the projects and categories identified. The Committee shall not recommend alternative projects, unless requested by the Board. h) Officer; Meetings; Quorum; Rules of Procedure. 1) Annually the members of the Committee shall elect a chairperson and vice chairperson from among the members. The chairperson's and vice chairperson's terms in such positions shall be for one(1)year with eligibility for re-election by the members of the Committee. 2) The Committee shall meet monthly, or as otherwise needed to fulfill their duties and responsibilities. 3) The presence of at least five (5) members shall constitute a quorum of the Committee necessary to take action and transact business. In addition, an affirmative vote of a super majority (majority present plus one) shall be necessary in order to take official action. Furthermore,by simple majority vote,but never with less than 5 members present,the Committee shall adopt rules of procedure for its meetings, and thereafter shall be governed by its procedures, as amended from time to time. 4) The Committee shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board. The Committee shall submit an annual report of its findings and recommendations to the Board. Page 6 of 8 9.B.2 Packet Pg. 92 Attachment: Ordinance 2018-21 (15124 : Committee Support Documents)25.A.2 Packet Pg. 902 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, i) Reimbursement of Expenses. Committee members shall receive no compensation for the performance of their duties, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval by the Board. j) Duties of the County Manager's Office. The County Manager's Office will provide such documentation, information, descriptions of procedures, secretarial support and general assistance to the Committee as may be necessary for the Committee to carry out its functions as set forth herein. k) The Committee, its members, and all its proceedings shall be governed by and comply with the provisions of the Florida Sunshine Law,Chapter 286,Florida Statutes,the Florida Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112, Florida Statutes, and all other applicable local or state statutes, ordinances, or rules. SECTION EIGHT. Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE. Inclusion in The Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance"may be changed to "section," "article," or any other appropriate word. SECTION TEN. Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State. Page 7 of 8 9.B.2 Packet Pg. 93 Attachment: Ordinance 2018-21 (15124 : Committee Support Documents)25.A.2 Packet Pg. 903 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this Ze4\ day of r\\ 2018. ATTEST:BOARD OF COUNTY COMMISSIONERS DWIGHT E.,BROCK, Clerk COLLIER P I TY, FLO' !! • By---. 1 A A B Attest as to Chairman's' Deputy Cle IOWAndy Solis, Chairman signature only. Appro 1;,d -- ! rm and legality: 41111 , Jeffrey • r ow, County Attorney This ordinance filed with the Secretary of St tkensOffice v4lo ''day of _ and acknowledgement otf that filing eceived this dayy of _ L. 49 By __ _ tout tk Page 8 of 8 9.B.2 Packet Pg. 94 Attachment: Ordinance 2018-21 (15124 : Committee Support Documents)25.A.2 Packet Pg. 904 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 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 9.B.2 Packet Pg. 95 Attachment: Ordinance 2018-21 (15124 : Committee Support Documents)25.A.2 Packet Pg. 905 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax ofTY, Sr FIk y 1 ei I 614,Ka.Ce.'' FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 26, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2018-21, which was filed in this office on April 26, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us 9.B.2 Packet Pg. 96 Attachment: Ordinance 2018-21 (15124 : Committee Support Documents)25.A.2 Packet Pg. 906 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 03/03/2021 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 12.A Item Summary: Next Meeting Date - June 02, 2021 Meeting Date: 03/03/2021 Prepared by: Title: – County Manager's Office Name: Heather Yilmaz 02/22/2021 4:11 PM Submitted by: Title: Deputy Department Head – Public Utilities Department Name: Dan Rodriguez 02/22/2021 4:11 PM Approved By: Review: County Manager's Office Geoffrey Willig Additional Reviewer Completed 02/25/2021 11:54 AM County Manager's Office Heather Yilmaz Review Item Completed 02/25/2021 4:59 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending 03/03/2021 8:30 AM 12.A Packet Pg. 97 25.A.2 Packet Pg. 907 Attachment: [Linked] Agenda and Back-up Documents - March 03, 2021 (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 25.A.3Packet Pg. 908Attachment: Checklist All Projects Validated - 03_03_2021 (Signed) (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 2021) 25.A.3Packet Pg. 909Attachment: Checklist All Projects Validated - 03_03_2021 (Signed) (15486 : Infrastructure Surtax Citizen Oversight Committee - March 03, 2021)