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ISCOC Agenda 09/07/202225.A.4 COLLIER COUNTY INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE Collier Couvtty Agenda September 7, 2022 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 (Expired Term) Patricia Sherry — District 1 Stephen Osborne — District 2 Ronald A. Kezeske — District 3 Mike Petscher — District 5 Jenna Buzzacco-Foerster — At Large James W. DeLony — Alternate All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the Committee prior to the meeting if applicable. For more information, please contact Heather Cartwright-Yilmaz at (239) 252-8366. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380 Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. Packet Pg. 673 25.A.4 N L 1. CALL TO ORDER 0 c aD 2. PLEDGE OF ALLEGIANCE _ U 3. ROLL CALL BY LIAISON X r L 4. APPROVAL OF THE AGENDA (D L 5. APPROVAL OF MINUTES FROM PREVIOUS MEETING L 1. Meeting Minutes - September 2021 L a) 00 6. PUBLIC COMMENT v N 7. NEW BUSINESS M 1. Infrastructure Surtax Citizen Oversight Committee Applications 2. Election of Committee Chair and Vice Chair 3. Update on Local Government Infrastructure Surtax Program Revenue 8. PROJECTS A. TRANSPORTATION B. FACILITIES & CAPITAL REPLACEMENTS 1. To validate the proposed expenditures for the Emergency Services Center enclosure of the East Bay to improve the County's hurricane and disaster resiliency efforts by improving the local capacity to store, deploy and trans -load disaster or emergency response supplies, equipment and commodities (Project No. 50390). 2. To validate the additional expenditure of $2,390,681.18 to award the construction contract for Collier County Fire and EMS Station 74 in Golden Gate Estates (Project No. 55212). 3. To validate the additional expenditures of $839,286.90 to award the construction contract of the Collier County Jail Laundry Replacement and Safety Upgrades to provide CCSO a facility that meets the current and future demands of the Jail with enhanced safety and increased efficiency. (Project No. 50185) C. COMMUNITY PRIORITIES 9. OLD BUSINESS Packet Pg. 674 25.A.4 A. Committee Support Documents: Section 212.054 Florida Statutes & Collier County Ordinance 2018-21 B. Quarterly Report to Committee -Surtax Projects Update C. Monthly Report to Committee - August 2022 D. Annual 2021 Memorandum Update to Board 10. ANNOUNCEMENTS 11. COMMITTEE MEMBER DISCUSSION 12. NEXT MEETING DATE A. Next Meeting Date - December 7, 2022 13. ADJOURNMENT Packet Pg. 675 25.A.4 09/07/2022 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 5.1 Item Summary: Meeting Minutes - September 2021 Meeting Date: 09/07/2022 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 06/02/2022 11:39 AM Submitted by: Title: Director - Facilities Maangement — County Manager's Office Name: Ed Finn 06/02/2022 11:39 AM Approved By: Review: Facilities Management Jennifer Belpedio Manager - Real Property County Manager's Office Ed Finn Director - Facilities Procurement Services Heather Yilmaz Review Item Facilities Management John McCormick Additional Reviewer CMO Geoffrey Willig Additional Reviewer Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Completed 06/03/2022 9:31 AM Completed 06/06/2022 9:37 AM Completed 06/06/2022 9:39 AM Completed 06/06/2022 10:08 AM Completed 08/18/2022 4:52 PM Meeting Pending Packet Pg. 676 25.A.4 MINUTES OF THE REGULAR MEETING OF THE COLLIER COUNTY Infrastructure Surtax Citizen Oversight Committee September 22, 2021 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 Patricia Sherry Stephen Osborne Mike Petscher James W. DeLony Jenna Buzzacco-Foerster Ronald A. Kezeske Juliana Meek Justin Land 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 Seven 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 — June 23, 2021 1IPage Packet Pg. 677 25.A.4 The minutes were distributed to all present and approved. 6. Public Comment Mary Walker commented on Community Priority Project for the Housing Trust Fund. Ed Finn provided summary for the Community Priority Projects. Ed Finn to provide Community Priority project updates to Committee on behalf of CMO during future meetings. 7. New Business 8. Projects A. Transportation 1. To validate the proposed expenditures for the installation of five new bridges; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. Ms. Marlene Messam, P.E., Principal Project Manager, Transportation Engineering Division, presented the expenditures for the New Bridges — Golden Gate Estates Mobility project. A motion to approve the project was made and was approved. B. Facilities & Capital Replacements 1. To validate and revise scope of work for the "Jail Generator and Platform" project to include the "Building H Generator" within the same validated funding; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. Mr. John McCormick, P.E., Principal Project Manager, Facilities Management Division, presented the expenditures for the J1/J2 Jail and Building H. Generator and Platform project. A motion to approve the project was made and was approved. 2. To validate the proposed expenditures for the Collier County "Jl/J2/J3/PG1 Fire Alarm Replacement" project; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. 2 1 P a g e Packet Pg. 678 25.A.4 Mr. John McCormick, P.E., Principal Project Manager, Facilities Management Division, presented the expenditures for the J1/J2/J3/ PG Fire Alarm Replacement project. A motion to approve the project was made and was approved. 3. To validate the expenditures for the design and construction of Emergency Medical Services (EMS) Station 412 North Naples; 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. Tony Barrone, Sr. Project Manager, Facilities Management Division, presented the expenditures for the EMS 412 — Old 41/North Naples project. A motion to approve the project was made and was approved with conditions below. Funding Request: $2.9M (Included spending down $1,622,200 in interest earnings) Funding Validated by ISOC Committee for Board Approval: $1,277,800. 4. To validate the proposed expenditures to add land acquisition as an expenditure category for validated funds relative to the Domestic Animal Services (DAS) Shelter Improvements /Replacement Project using the validated Surtax funding; 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. Ms. Camden Smith, Project Manager, Facilities Management Division, presented the expenditures for the DAS Shelter Improvements/Replacement project. A motion to approve the project was made and was approved. C. Community Priorities (None) 9. Old Business A. Validated Project Updates — 3rd Quarter B. Monthly Report to Committee — September 2021 C. Committee Support Documents As of September 17, 2021, when the Monthly report was pulled, the Committee validated a total of 35 projects, with total projected expenditures of $314.2M to date. The total Infrastructure Sales Tax Revenue is $219.2M, with $1.7M in interest earnings. 10. Announcements (None) 3 1 P a g e Packet Pg. 679 25.A.4 11. Committee Member Discussion 12. Next Meeting Date The next meeting of the Infrastructure Surtax Citizen Oversight Committee will be on December 01, 2021 at 8:30 AM in the BCC Boardroom at 3299 Tamiami Trl E, Naples FL 34112 on the third floor. - CANCELLED 13. Adjournment Mr. Lepore made a motion for this meeting to be adjourned and was accepted unanimously. The meeting was adjourned at 10:29 AM with nothing further to discuss. Collier County Infrastructure Surtax Citizen Oversight Committee Chairman The foregoing Minutes were approved by Committee Chair on June 02, 2022, "as submitted" [ ] or "as amended" [ ] 4 1 P a g e Packet Pg. 680 25.A.4 09/07/2022 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 7.1 Item Summary: Infrastructure Surtax Citizen Oversight Committee Applications Meeting Date: 09/07/2022 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 06/02/2022 12:47 PM Submitted by: Title: Director - Facilities Maangement — County Manager's Office Name: Ed Finn 06/02/2022 12:47 PM Approved By: Review: Facilities Management Jennifer Belpedio Manager - Real Property County Manager's Office Ed Finn Director - Facilities Facilities Management John McCormick Additional Reviewer Procurement Services Heather Yilmaz Additional Reviewer CMO Geoffrey Willig Additional Reviewer Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Completed 06/03/2022 9:30 AM Completed 06/06/2022 9:45 AM Completed 06/06/2022 10:07 AM Completed 08/30/2022 2:44 PM Completed 08/31/2022 9:26 AM Meeting Pending Packet Pg. 681 25.A.4 ADVISORY COMMITTEE APPLICANT ROUTING MEMORANDUM FROM: Wanda Rodriguez, Office of the County Attorney DATE: April 21, 2022 APPLICANT: Natasha Bledsoe 231 Johnnycake Drive Naples, FL 34110 APPLYING FOR: Infrastructure Surtax Citizen Oversight Committee We have two vacant seats on the above referenced advisory committee. The vacancies were advertised and persons interested in serving on this committee were asked to submit an application for consideration. TO ELECTIONS OFFICE: Attn: Shavontae Dominique Please confirm if the above applicant is a registered voter in Collier County, and in what commissioner district the applicant resides, Registered Voter: Yes Commission District: 2 TO STAFF LIAISON: Attn: Geoffrey Willig An application is attached for your review. Please let me know, in writing, the recommendation for appointment to the advisory committee. In accordance with Resolution No. 2006-83, your recommendation must be provided within 41 days of the above date. Your recommendation memo should include: The names of all applicants considered for the vacancy or vacancies. The committee's recommendation for appointment or non -appointment. The category or area of qualification the applicant is to be appointed in. If the applicant is a reappointment, please include attendance records for the past two years. TO ADVISORY BOARD COORDINATOR: Attn: Wanda Rodriguez This applicant is not recommended for appointment. —OR— This applicant is recommended for appointment. A recommendation memo is attached, please prepare an agenda item for the next available BCC agenda. If you have any questions, please call me at 252-8123. Thank you for your attention to this matter. 0212021 Packet Pg. 682 25.A.4 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 4/20/2022 4:00:19 PM. Name: INatasha Bledsoe Home Phone: 989-560-024q Home Address: 1231 Johnnycake Driv City: Naples Zip Code: 3411 Phone Numbers Business: 239-449-488 E-Mail Address: F4soenatasha@Vahooxom Board or Committee: Infrastructure Surtax Citizen Oversight Committe Category: at-larg Place of Employment: Cottrell Title & Escro How long have you lived in Collier County: 1-2 How many months out of the year do you reside in Collier County: I am a year-round residen Have you been convicted or found guilty of a criminal offense (anv level felonv or first deereE (misdemeanor only)? No� Nat Indicated Do you or your employer do business with the County? N Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or Packet Pg. 683 25.A.4 recommendations made by this advisory board? NN Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? 5 Do you now serve, or have you ever served on a Collier County board or committee? No Not Indicated Please list your community activities and positions held: Associate leadership Collier Class of 2022 -Habitat for Humanity Volunteer-STARAbility Volunteer Sunshine Coordinator for Mom's Club of Naples -Former Treasurer for the Naples Junior Women's Clu Education: Bachelors of Science in Business Administration with an emphasis in Finance, Central Michigan university 200 Experience / Background I have ten years of experience in the commercial banking industry including formal credit training. I ar skilled in both financial statement preparation as well as interpretation and analysis. In my current position as Finance & HR Manager at Cottrell Title & Escrow I handle accounting, real estate elosin disbursements. audits, and benefit administration, Packet Pg. 684 25.A.4 ADVISORY COMMITTEE APPLICANT ROUTING MEMORANDUM FROM: Madison Bird, Office of the County Atto171ey DATE: June 13, 2022 APPLICANT: Theodore Bill 693 Gordina Rd Naples, FL 34108 APPLYING FOR: Infrastructure Surtax Citizen Oversight Committee We have two vacancies on the above referenced advisory committee, The vacancies were advertised and persons interested in serving on this committee were asked to submit an application for consideration. TO ELECTIONS OFFICE: Attn: Shavontae Dominique Please confirm if the above applicant is a registered voter in Collier County, and in what commissioner district the applicant resides. Registered Voter; Yes Commission District: 2 TO STAFF LIAISON: Attn: John McCormick cc: Geoff Willig An application is attached for your review. Please let me know, in writing, the recommendation for appointment to the advisory committee. In accordance with Resolution No. 2006-83, your recommendation must be provided within 41 days of the above date. Your recommendation memo should include; The names of all applicants considered for the vacancy or vacancies. The committee's reconnnendation for appointment or non -appointment. The category or area of qualification the applicant is to be appointed in. If the applicant is a reappointment, please include attendance records for the past two years. TO ADVISORY BOARD COORDINATOR: Attn: Wanda Rodriguez This applicant is not recommended for appointment. —OR— This applicant is recommended for appointment. A recommendation memo is attached, please prepare an agenda item for the next available BCC agenda. If you have any questions, please call me at 252-8123. Thank you for your attention to this matter. 0212021 Packet Pg. 685 25.A.4 i Advisory Boalyd Application Form Collier County Government 3299 Tamlami Frail East, Suite 800 Naples, FL 34112 (239)252-8400 Application was received on; 6/11/2022 7:58.34 PK Name: heodors Bii Harne Phone-, 3216958555 HOMA AOess) 1693 Cordonia Road Cityi Naples �lp��od�� 84108 Phase Nurii���5 B'�slije�st 239S978S5S E-Mail Adairesss ed,bill@wireexgert- s,com Board or Co`mmittoe: Infrastructure Surtax Citixen Oversight Committee Category; At large Place of l"ifi.liijiment Wire Experts Team Hot '( ig'4V .Y' i'ia lFVW.' ft•.Cv !w (purity.' more than 15 lioyy+ many:month'pth of the'yeado•yau reside Iri:•.661lier Countyi I am a year-round residen Not Indicated Dd..'.11r�uar„'n'ui= errilo `r do htlsl�ri.es wl;h,tLe G.4*1. Yes Wire Experts Pelican Wire has-been manufacturing wire products in Naples, Florida since 1976. We do not sell our products locally, but we use a number of service providers In this areal Ni t:' Ill:advisnfy'.bd rd.r.nerribers must update the)i'_pr..Ofil6rand ndtlfy-the�Ooard.of County Cgr l�l S.s1 r�, r ti7,ihe event:thattheir relatlgnsf Jp g4an �s_.i�iAin :tb mertiberslij s of organizations .'that =i3rItl;It�.Itj _t V. »lay h . oUtcom p� advisorir b`bardrecgrendatiAr�`,a'r:lieY enter ito.ccinfrcts Wltl t.G0.unfji1,- Wvuid�yo�,a€id/pig_ariy':organiz�tior�s+uvlEh.uv�ilaiiyau��re �ffiiia#edi}el�eflt:ffii�decisionsor Packet Pg. 686 25.A.4 I recariltimendati�rism�de��ythl� advi�ary, baa�tt�' our business Is located Inside one of the economic development zones. Should some of the moneys be used to Improve that area the business might benefit, Are you a e istared' voter in Collier County? es o.yp.0 crreIy;=na�:an;�lepted offir..e7 No Do yoii;ridaN sprvp,:or hav,you:eyar:sprued orl.A Ggll eir rd gr �ammittes No Not Indicated Plea�e.Llst;ynur c�mt�uniisyactivltles and:pasitions;hald; hoard member of the Greater Naples Chamber of Commerce Board member of The Naples players Graduate of Leadershlo Collier, class of 2021 115 EHA from University of South Florida In TheaterArts MBA from University of Central Floridal erve as CEO of Wire Expert usinesses. One of those bu raduation from Leadership onnected to the communit ur government while usins s Group, a holding company for several slnesses, Pelican Wire Company, Is loca Collier In 20211 have been looking for 1, and feel this would be an opportunit, my knowledge of finance and plannins speciality wire manufacturing A Inge Florida, Since )pportunitles to stay involved an for me to continue to learn abo to contribute, l Packet Pg. 687 25.A.4 I .ADVISORY COMMITTEE APPLICANT ROUTING MEMORANDUM FROM: Madison Bird, Office of the County Attorney DATE: June 13, 2022 APPLICANT: James Caton 5114 Chesterfield Dr Ave Muria, 34142 APPLYING FOR: Infrastructure Surtax Citizen Oversight Committee We bave two vacancies on the above referenced advisory committee, The vacancies were advertised and persons interested in serving on this committee were asked to submit an application for consideration. TO ELECTIONS OFFICE: Attn: Shavontae Dominique Please confirm if the above applicant is a registered voter in Collier County, and in what commissioner district the applicant resides, Registered Voter, Yes Commission District, 5 TO STAFF LIAISON: Attn.: John NeCormick cc: Geoff` Willig An application is attached for your review. Please let me know, in writing, the recommendation for appointment to the advisory committee. In accordance with Resolution No, 2006-83, your recommendation must be provided within 41 days of the above date, Your recommendation memo should include: The names of all applicants considered for the vacancy or vacancies. The committee's recommendation for appointment or non -appointment. m The category or area of qualification the applicant is to be appointed in. If the applicant is a reappointment, please include attendance records for the past two years. TO ADVISORY BOARD COORDINATOR: Attn: Wanda Rodriguez This applicant is not recommended for appointment. —OR— This applicant 1s recommended for appointment. A recommendation memo 1s attached, please prepare an agenda item for the :next available BCC agenda, If you have any questions, please call me at 252-8123, Thank you for your attention to this matter, E w r a 0212021 - Packet Pg. 688 Advisory Board Application Form Collier County Government 3299 Tarnlaml Trail East, Suite 900 Naples, FL 34112 (239) 252-8400 Application was received on: 6/11/2022 10,12:07 AM, iyame: ames Caton Hams 0 h o 6 6 P _63 _46 3-7 _s6 21 aTd _4 Phonj NtjM6L et.t E.Wfl Adaibss'-. 11rn6ton@griia cam jljoard:,ar.Coi thi ae6 Infrastructure Surtax Citizen Oversight Committee JF6Q�.ryoi. Not Indicated JM4` MS db" -you reside in i�661WO664.i am a ear -round r�es �iden lNot Indicated Not 1nd15R .y.. rd ;mqrpoers.rnost,update,thelt prof 11e,:qhd.,Opt1fy -the Board qkounty COMIIWSS10404'. , vp-nf : th'a't.t61r"'rd'1'at1qnsh1p Wernbor�hlp$-of orga"Iza-tions, WiAw Utcome'ofdd dk(�,'ns.'&'Ah'by..enter Into tontrhdts e ro"M' e si.64br 0 V F Packet Pg. 689 Not Indicated Are. ..VO4a rq'literedvoter In Collier County? Yes 1) 6' y6b'Ciii'Vrdht l..v'h old a6m:'lected.601W Na Db.'.y' "OpW.," 0;-�Qh)rnIttOO? served: Ei IPTAC, Industrial development Author:ljt PwA.,%Ilk you-eiw M`Unl - tv.ktIv.ItW A6,d*poAiGhS held4 �ee above Cornell University, 13S Engineering Georgetown University, VO years providing software solutlns to global governments (municipal, state, central) In art(f1clall lIntelligence, business systems, financial systems, cltv 'Internet of things'l F Packet Pg. 690 25.A.4 ADVISORY COMMITTEE APPLICANT ROUTING MEMORANDUM FROM: Wanda Rodriguez, Office of the County Attorney DATE: December 13, 2021 APPLICANT: Denise Murphy 3940 Guava Dr. Naples, FL 34104 APPLYING FOR: Infrastructure Surtax Citizen Oversight Committee We have two seats expiring in January 2022 on the above referenced advisory committee. The pending vacancies were advertised and persons interested in serving on this committee were asked to submit an application for consideration. TO ELECTIONS OFFICE: Attn: Lauren Ellis Please confirm if the above applicant is a registered voter in Collier County, and in what commissioner district the applicant resides. Registered Voter: Yes Commission District: 4 TO STAFF LIAISON: Attn: Geoffrey Willig An application is attached for your review. Please let me know, in writing, the recommendation for appointment to the advisory committee. In accordance with Resolution No. 2006-83, your recommendation inust be provided within 41 days of the above date. Your recommendation memo should include: The names of all applicants considered for the vacancy or vacancies. The committee's recommendation for appointment or non -appointment. The category or area of qualification the applicant is to be appointed in. If the applicant is a reappointment, please include attendance records for the past two years. TO ADVISORY BOARD COORDINATOR: Attn: Wanda Rodriguez This applicant is not recommended for appointment. —OR— This applicant is recommended for appointment. A recommendation memo is attached, please prepare an agenda item for the next available BCC agenda. If you have any questions, please call nee at 252-8123. Thank you for your attention to this matter 0212021 Packet Pg. 691 25.A.4 Board of County Commissioners 3299 East Tanriami Trail, Suite 800 Naples, FL 34112 (239) 252-8400 Application for Advisory Committees/Boards Nanie: Denise Murphy Home Phone: 239-687-0559 Home Address: 3940 Guava Drive Zip Code: 34tO4 Business Phone:239-298-5773 E-mail address: soccerinoindm6byahoo.com Board or Committee Applied for: Infrastructure Surtax Citizen Oversight Committee Category (if applicable): District 4 and/or Citizen at large Exantple: Comrnission District, Developer; environmentalist, lay person, etc. How long have you lived in Collier County: 13 years How many months out of the year do you reside in Collier County: year round resident_____ Have you ever been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? Yes No X If yes, explain: Place of Employment: The Players Club & Spa / Stock Development Associates Do you or your employer do business with the County? Yes No X If yes, explain: Would you andlor any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? Yes No X If yes, explain: NOTE: All ad soty board members nrrrst update their profrle and notify the Board of County Commissioners in fire event that their relationshilr changes relating to memberships of organizations that may benefit them hi the outcome of ath4sor)i board recommendations or they enter into contracts with the County. Are you a registered voter in Collier County: Yes X No Do you currently bold public office? Yes No X_If so, what is that office? Packet Pg. 692 25.A.4 Do you now serve, or have, you ever served, on a Collier County board or committee? Yes X_No If yes, please list the committees/boards: Productivity Committee— Currently serving Affordable Housing Committee — Served 2 terms Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: President —Youth haven Board of Directors, Vice President — Champions forLearning Found atiott, Treasurer— South vest Florida Wounded Vet Rua, Treasurer and Vice President — Party hearty for Charity Foundation, AMI Kids -- Vice President Board of Directors, Treasuret• NHS JROTC, Public Policy Committee —Chamber of Commerce, Advisory Board Leadership Collier Foundation/ Cltamher of Commerce, Youth leadership Collier Committee - Chamber of Cotutit cree, SAC — ENM, PTO Treasurer and President— BCE, NAF Academy Advisory Board — CCPS, Mentor S years —'fake Stock in Children, Collier Child Care Resources — Board of Directors Education: Edison College, Southern New Hampshire University and Cornell University. Various accounting and managerial certifications which include but not limited to, Certified Hospitality Manager and Accounting Certifications. Experience: Have been in the hospitality industry and have over 20 years of accounting and management experience. Avid volunteer in the community and a strong supporter for education. In addition to the above county committees, I'm currently serving as the Treasurer for Southwest Florida Wounded Veterans, serving on hvo Advisory Boards for Collier County Public Schools, Vice President of Party for Hearty charity, Vice President on the Board of Directors for Champions For Learning Foundation, , President on the Board of Directors for Youth Haven and on the Leadership Collier Foundation Board of Directors. Also spend free time supporting programs such as, Guadalupe Social Services, St. Matthews House and Collier County Public Schools. A graduate of the 2015 GAIN program and 2020 Leadership Collier program with the Chamber of Commerce and is a Leadersbin Collier Alumni. Was honored by the Greater Naples Chamber of Commerce Leadership Collier Foundation as the 2017 Volunteer of the Year! In 2018 was honored to receive The Distinguished Volunteer Award from Youth Haven. In 2020 received the prestigious Glass Slipper Award from Champions for Learning. Also in 2020 awarded the Spirit of Community Award from Florida Commission oil the Status of Women. I believe with my 20 plus years experience in financial and business management, that I am experienced, knowledgeable and dedicated to serve on this committee! Packet Pg. 693 25.A.4 ADVISORY COMMITTEE APPLICANT ROUTING MEMORANDUM FROM: Madison Bird, Office of the County Attorney DATE: July 29, 2022 APPLICANT: Daniel Zegarac 366 Charlemagne Blvd HC202 Naples, FL 34112 APPLYING FOR: Infrastructure Surtax Citizen Oversight Committee We have one vacancy on the above referenced advisory committee. The vacancy was advertised and persons interested in serving on this committee were asked to submit an application for consideration. TO ELECTIONS OFFICE: Attn: Shavontae Dominique Please confirm if the above applicant is a registered voter in Collier County, and in what commissioner district the applicant resides. Registered Voter: Yes Commission District: 4 TO STAFF LIAISON: Attn: John McCormick cc: Geoff Willig Ali application is attached for your review. Please let me know, in writing, the recommendation for appointment to the advisory committee. In accordance with Resolution No. 2006-83, your recommendation must be provided within 41 days of the above elate. Your recommendation memo should include; The names of all applicants considered for the vacancy or vacancies. The committee's recommendation for appointment or non -appointment. The category or area of qualification the applicant is to be appointed in. If the applicant is a reappointment, please include attendance records for the past two years. TO ADVISORY BOARD COORDINATOR: Attn: Wanda Rodriguez This applicant is not recommended for appointment. —OR— This applicant is recommended for appointment. A recommendation memo is attached, please prepare an agenda item for the next available BCC agenda. If you have any questions, please call me at 252-8123. Thank you for your attention to this matter 0212021 Packet Pg. 694 25.A.4 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 7/29/2022 8:40:32 AM. Name: jDaniel Zegarac Home Phone; 216-406-5035 Home Address: 1366 Charlemagne Blvd C202 City: Naples F Zip Code: 34112 Phone Numbers Business: 216-406-5035 E-Mail Address: danze arac ahoo.com Board or Committee: Infrastructure Surtax Citizen Oversight Committee Category: Not indicated Place of Employment: Retired How long have you lived in Collier County: 1-2 How many months out of the year do you reside in Collier County: I am a year-round residen ]Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? N Not indicated Do you or your employer do business with the County? N Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations Packet Pg. 695 25.A.4 that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? 9 Do you now serve, or have you ever served on a Collier County board or committee? P Not Indicated Please list your community activities and positions held: None yet Education: [Attended KSU, did not graduate, several General Motors courses including but not limited to Managing Retail Operations Experience / Background Retired senior executive with the Ganley Auto Group, Ohio, also other credentials are on file with the City of Avon Ohio and the Citv of WillouRhbv Hills Ohlo, Packet Pg. 696 25.A.4 09/07/2022 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 7.2 Item Summary: Election of Committee Chair and Vice Chair Meeting Date: 09/07/2022 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 08/30/2022 8:23 AM Submitted by: Title: Director - Facilities Maangement — County Manager's Office Name: Ed Finn 08/30/2022 8:23 AM Approved By: Review: County Manager's Office Ed Finn Director - Facilities Completed 08/25/2022 8:43 PM Facilities Management Ed Finn Manager - Real Property Skipped 08/25/2022 8:43 PM Facilities Management John McCormick Additional Reviewer Completed 08/30/2022 8:36 AM Procurement Services Heather Yilmaz Review Item Completed 08/30/2022 4:48 PM Facilities Management Bendisa Marku Review Item Skipped 08/30/2022 8:23 AM CMO Geoffrey Willig Review Item Completed 08/31/2022 8:49 AM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending Packet Pg. 697 25.A.4 09/07/2022 EXECUTIVE SUMMARY To provide an update on Local Government Infrastructure Surtax Program Revenue. OBJECTIVE: To provide an update on Local Government Infrastructure Surtax (Surtax) Program revenue. CONSIDERATIONS: Pursuant to Ordinance 2018-21 the Surtax began to be collected on January 1, 2019. The Ordinance will sunset and expire without further action on December 31, 2025, and the Surtax levied under the Ordinance shall terminate. Alternatively, the Ordinance shall sunset on December 31 st of any year during the term of the Ordinance in the event that the total aggregate distribution of Surtax proceeds equal or exceed the amount of $490 million at any time during that calendar year, in which event the Board shall take necessary action to repeal the Ordinance and notify the Florida Department of Revenue prior to the application deadline so that the Surtax will not continue for the following year. Total aggregate Surtax collections to date, plus projected collections through the anticipated final collection date of December 31, 2023, total $538.3 million including collections distributed to municipalities. Collections will be split between the County and Municipalities as set forth in Section 218.62, Fla. Stat. The distribution ratio is approximately 90% County and a combined 10% distributed to Marco, Naples & Everglades City. The County Surtax distribution is estimated to total $487.8 million (not including municipalities) through December 31, 2023. The amount of Surtax programmed/budgeted relative to Exhibit A of Ordinance 2018-21 is $420 million. Based on current collection estimates Surtax distributions to Collier County are projected to be $67.8 million above the Exhibit A budget. Additionally, interest accrued on Surtax proceeds is estimated to be $8.0 million and is not presently programmed/budgeted. Supplemental surtax collections, including interest accrued on surtax proceeds, may be recommended for use and validation in the manner of the original collections including but not limited to increasing the budget for projects recommended in Exhibit A and consistent with the statute. When seeking to use supplemental surtax collections, staff will provide an explanation for the need for the supplemental funding. FISCAL IMPACT: Because of the timing of achieving the $490 million combined County/Municipality aggregate Surtax collection threshold it is anticipated that collections will continue through December 31, 2023. Relative to the County share of Surtax proceeds this is estimated to result in Surtax distributions to the County of $487.8 million on a program budget of $420 million. Estimated interest that will accrue on County Surtax proceeds is expected to be $8.0 million. The sum of estimated County Surtax distributions above the program budget plus estimated accrued interest is $75.9 million and can be considered available for validation in a manner consistent with Ordinance 2018-21. 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 Packet Pg. 698 09/07/2022 25.A.4 projects, unless requested by the Board. This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: For the Committee to accept the update on Infrastructure Surtax Program Revenue. Prepared by: Edward Finn, Interim Deputy County Manager ATTACHMENT(S) 1. Estimating Infrastr Tax Rev & Exp thru 2027 (PDF) Packet Pg. 699 25.A.4 09/07/2022 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 7.3 Doc ID: 23099 Item Summary: Update on Local Government Infrastructure Surtax Program Revenue Meeting Date: 09/07/2022 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 08/30/2022 8:27 AM Submitted by: Title: Director - Facilities Maangement — County Manager's Office Name: Ed Finn 08/30/2022 8:27 AM Approved By: Review: Facilities Management Ed Finn Manager - Real Property County Manager's Office Ed Finn Director - Facilities Office of Management and Budget Susan Usher Additional Reviewer Facilities Management John McCormick Additional Reviewer Procurement Services Heather Yilmaz Review Item CMO Geoffrey Willig Additional Reviewer Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Skipped 08/29/2022 9:23 PM Completed 08/30/2022 1:09 PM Completed 08/30/2022 11:38 AM Completed 08/30/2022 1:14 PM Completed 08/30/2022 4:38 PM Completed 08/31/2022 8:49 AM Meeting Pending Packet Pg. 700 68£tiZ) epua6d lln=l - aa};lu WOO Iy6lsaanp uezl;lo xe:png ain;anilseilul ZZOZ10.60 :;uauayae;;y Q Sri N x V) O V � L 4--) O � cn �; O 4-0 Q 4-0 L 4-0 V 0 � ct � 68£tiZ) epua6d lln=l - aa};lu WOO;y6lsaanp uezl;lo xe:png ain;Onilseilul ZZOZ-LO.60 :;uowLjoe;;y N M O N 4- A �--� Ct c� N Ct. •� a) ct W U 4.4 .--+ i �' U U •^�' ct O V � O bA � � � c� •�' > ct ct ct ct O O CA U O U O O 73 �, Ct ct bct 0 A '� r!� ^�—' bA bA . 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OBJECTIVE: To validate the additional expenditures of $902,979 in order to award the construction contract associated with the Emergency Services Center (ESC) East Bay Enclosure 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 consistent with County Ordinance 2018-21. There were three main categories of projects identified in Ordinance 2018-21: Transportation Projects, Facilities & Capital Replacements, and Community Priorities. The ESC East Bay enclosure is identified within the Facilities & Capital Replacements category under the sub -group of "Hurricane Resilience". This project will improve the County's hurricane and disaster resiliency efforts by improving the local capability to store and deploy disaster or emergency response supplies, equipment, and commodities. On April 23, 2019, the Emergency Services East Bay Enclosure project was validated by the Surtax Oversight Committee with an estimate for design and construction of $1.5M. Once the design was completed in 2022, a revised construction cost estimate was established at $2,315,600. The estimate includes a 1254 SF mezzanine with fire suppression system and lighting, outdoor covered storage for generators and trailers, interior and exterior security cameras, and two (2) 150-gallon fuel storage tanks. The additional scope items are needed to meet the current and future storage capacity and warehouse circulation requirements recognized for storage and distribution of disaster, emergency, and COVID 19 supply inventory. The construction solicitation was completed in June 2022 and resulted in construction cost bid of $2,282,087. The ESC East Bay enclosure 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 ESC is responsible for the County -wide coordination of all natural and man-made emergencies. Currently, the ESC and East Bay house supplies necessary to support the community during times of activation of events. These support services include but are not limited to emergency transport trailers, generators, and the Major Incident vehicles. Enclosing the East Bay area will provide the Bureau of Emergency Services (BES) an opportunity to migrate disaster supply inventory, which is currently exposed to high heat and humidity in the transport trailers, to modular rolling storage cabinets and palletized loads allowing for better inventory control and greater protection. FISCAL IMPACT: Exhibit A identified $15.OM for the Hurricane Resilience projects. The current balance of un-validated/un-allocated Hurricane Resiliency category funding is $8,280,000. After providing for the funding shortfall of $903,000 noted below, the un-validated Hurricane Resiliency balance will be $7,377,000. The current validated funding, design costs, and construction costs are Packet Pg. 711 25.A.4 09/07/2022 reflected in the table below. Validated Funds Actual Design Cost Proposal Construction Cost Funding Shortfall $1,500,000 $120,892 $2,282,087 1 $902,979 LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is approved as to form and legality. Ordinance No. 2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen Oversight Committee, whose duties are as follows: Duties. The Committee shall have the responsibility to review the expenditure of Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The Board may expend proceeds of the Surtax on projects not specifically stated herein or in the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2) have a positive recommendation by this Committee, and (3) fall within the projects and categories identified. The Committee shall not recommend alternative projects, unless requested by the Board. A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary for the Committee's review. In addition to the Ordinance, it is important that the Committee be comfortable that the proposed expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government infrastructure sales surtax. That statute states, in relevant part as follows: 212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.- (d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by the school district, within the county and municipalities within the county, or, in the case of a negotiated joint county agreement, within another county, to finance, plan, and construct infrastructure; to acquire any interest in land for public recreation, conservation, or protection of natural resources or to prevent or satisfy private property rights claims resulting from limitations imposed by the designation of an area of critical state concern; to provide loans, grants, or rebates to residential or commercial property owners who make energy efficiency improvements to their residential or commercial property, if a local government ordinance authorizing such use is approved by referendum; or to finance the closure of county -owned or municipally owned solid waste landfills that have been closed or are required to be closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used for the operational expenses of infrastructure, except that a county that has a population of fewer than 75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance costs associated with landfill closure. Counties, as defined in s. 125.011 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 Packet Pg. 712 09/07/2022 25.A.4 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. The County Attorney's Office has reviewed this item and believes that the request meets all the requirements of both the Statute and the Ordinance. As an aside, only those items which satisfy the requirements of both the Ordinance and the Statute will be brought to the Committee. The County Attorney's Office opinion, however, is not binding on the Committee, as the Board of County Commissioners created this Committee "to provide for citizen review of the expenditure of the Surtax proceeds by the County... (to) serve as an ad hoc advisory and reporting body to the County." - CMG Prepared by: Dave P. Closas, Principal Project Manager, Facilities Management ATTACHMENT(S) 1. Emergency Service Center East Bay Enclosure Project - PowerPoint (PPTX) 2. ESC East Bay Enclosure - Project Checklist (PDF) 3. Infrastructure Surtax Statute (PDF) 4.Ordinance 2018-21 (PDF) Packet Pg. 713 25.A.4 09/07/2022 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 8.B.1 Doc ID: 22466 Item Summary: To validate the proposed expenditures for the Emergency Services Center enclosure of the East Bay to improve the County's hurricane and disaster resiliency efforts by improving the local capacity to store, deploy and trans -load disaster or emergency response supplies, equipment and commodities (Project No. 50390). Meeting Date: 09/07/2022 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 08/16/2022 12:49 PM Submitted by: Title: Director - Facilities Maangement — County Manager's Office Name: Ed Finn 08/16/2022 12:49 PM Approved By: Review: County Manager's Office Ed Finn Director - Facilities Facilities Management Ed Finn Manager - Real Property Facilities Management John McCormick Additional Reviewer Office of Management and Budget Susan Usher Additional Reviewer Procurement Services Heather Yilmaz Review Item Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz CMO Geoffrey Willig Additional Reviewer Completed 08/21/2022 8:50 PM Skipped 08/29/2022 9:14 PM Completed 08/30/2022 8:39 AM Completed 08/30/2022 11:06 AM Completed 08/30/2022 4:46 PM Meeting Pending Completed 08/31/2022 9:04 AM Packet Pg. 714 68EtiZ) epua6V lln=l - aa;;lu WOO Iy6lsaanO uazi;io xepnS ain;ana;sealul ZZOZ-LO.60 :4uewL4oe;;y E (D El Ln O U Am Q) E Q� LO ti a. m m a. 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W Project(s) in line with County Ordinance 2018-21 V Project(s) identified in Exhibit A within County Ordinance 2018-21 W Project(s) in line with Ballot Language within County Ordinance 2018-21 The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the Emergency Services Center Enclosure of East Bay project meets the necessary requirements and is eligible to use Surtax Funding, September 07 ,2022 Chairman Exhibit A Reference Category: Facilities and Capital Replacements Sub -Category: Hurricane Resilience Funding Requested: $2,282,087 (includes original validated amt $1,500,000 + $902,979 additional funding) Packet Pg. 740 25.A.4 212.055 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) l . 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. 10 1. 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 Packet Pg. 741 25.A.4 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 Packet Pg. 742 25.A.4 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) l . Notwithstanding paragraph (d), a county that has a population of 50,000 or lesson 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 Packet Pg. 743 25.A.4 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. Packet Pg. 744 25.A.4 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 Packet Pg. 745 25.A.4 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 Packet Pg. 746 25.A.4 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 Packet Pg. 747 25.A.4 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 3 1 " 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 Packet Pg. 748 25.A.4 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 Packet Pg. 749 25.A.4 (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 6of8 Packet Pg. 750 25.A.4 (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. 0) 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 Packet Pg. 751 25.A.4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this aAs� day of r , 2018. ATTEST: DWIGHT E. BROCK, Clerk By: l� ✓"". Deputy Attest as to Chairman s signature only. and legality: Jeffrey Al FJ*kow, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIERjQCfUNTY, FLOI 12 Andy Solis, Chairman This ordinance filed with the Secretary of St'te's Office 'day of _ and acknowledgement of that fiIi;;o 'ceived this 4° - day 0, Page 8 of 8 Packet Pg. 752 Q Lei N on., +—J x Lli 68£tiZ) epu06y lln=l - 0011luau OO ILIBlsaanp uezi;io xe:pnS 0an;0na;sea}ul ZZOZ-LO.60 :;ueWLj3e4;y 0 0 0 0 0 0 0 0 o Q o 0 0 0 0 o Q o 0 0 0 r ih r: ti cc o c o> th o to of 0 to O N o o 0 O� (� N d} u3 to d► t0 r M M et w M T to to T M N N If! to p 0 0 0 0 0 0 0 0 p 0 0 0 O O O p 0 0 0 0 N to O T Iq N N N Io u3 u> IR u� u> ut r fo 40 0 p 0 0 0 0 0 O p O O N0T, M NN� W r M W u> ar w w ua w p 0 0 0 O 0 0 0 0 p 0 0 0 O O O p 0 0 0 0 to C e= M 4 t: 6 6 O N eMf O LS! N Y f t� p 0 C O to O M N T r u6 M T 0) Mt0 dt t0 N ut r V N N N T to u3 u> u> u> u! r 1R u3 u} {H r w w w to 44 to to 0 0 a H c IC F- N �r _ a T a T u a o c a _ a N +' £ u E C C � 2 N W V R o a a cr to W d m = 3 0 a d c t� 'o -a v �, a m t0 •• M ism = M > = c '0 ,u o a 0 a° a= a 0 R V' a 3 E of V ,N 0 t. ILH= a 0 ._ 0 a =V. otf a m Q1 H Y M W N ra+ O y to - a N 0 c C •� a a _ a CI .0 X a i 16 7 O = m 3 <, y V S V N £ Y r 0 3 a- H Qm m 1 0 Z _ F Z fh LL ii m a a W V V > O a 25.A.4 F z. i� :" COl nK F T�COar FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor 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: KEN DETZNER Secretary of State 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. (fray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fLus Packet Pg. 754 25.A.4 09/07/2022 EXECUTIVE SUMMARY To validate the additional expenditure of $2,390,681.18 to award the construction contract for Collier County Fire and EMS Station 74 in Golden Gate Estates (Project No. 55212). OBJECTIVE: To validate the additional expenditures of $2,390,681.18 to construct Collier County Fire and EMS Station 74 in Golden Gate Estates. CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in County Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure occurred after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is in line with County Ordinance 2018-21. There were three main categories of projects identified in Ordinance 2018-21: Transportation Projects, Facilities & Capital Replacements, and Community Priorities. The Collier County Fire and EMS Station 74 in Golden Gate Estates is identified within the Facilities & Capital Replacements category under the sub -group of Emergency Medical Services (EMS) Substations. This project will improve the County's level of service for the area. On September 2, 2020, the Collier County Fire and EMS Station 74 in Golden Gate Estates was validated and funded by the Surtax committee with a conceptual estimate for the County's portion of the project budget of $2.5M. Collier County then partnered with Greater Naples Fire District (GNFD) engaged in a joint effort to design a station that would serve the needs of both agencies and enhance coordination on public safety and emergency services in the area. The station has an ultimate design wind speed of 182 mph and includes a full backup generator and fuel station. The facility includes five apparatus bays, twelve bunkrooms and a dedicated decontamination area. The design is a culmination of many lessons learned from previous station projects and includes industry best practices in operational and health and safety. Once the design and critical path permitting was completed in 2022, a bid package was sent out to the broader construction market to provide competitive bids to develop the property and build the building. The County received four bids by the submission deadline with the lowest qualified bid being $8,146,071.03. The Collier County Fire and EMS Station 74 in Golden Gate Estates project fulfills the definition of infrastructure as outlined in F.S. 212.055, which defines Infrastructure as: "Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years, any related land acquisition, land improvement, design, and engineering costs, and all other professional and related costs required to bring the public facilities into service." FISCAL IMPACT: Exhibit A identified $6.0 M for EMS Substations. The request for additional surtax funding for Collier County Fire and EMS Station 74 is $2,390,681.18. The additional funds are available from interest earnings on Surtax Program funds and surplus Infrastructure Surtax collections. With this additional validated amount of $2,390,681.18, the revised validated surtax expenditure and County contribution to the project budget will be $4,890,681.18. For this project, the County has a shared funding agreement in principle with Collier County EMS and Greater Naples Fire District where each agency is expected to fund 50% of the overall project budget Packet Pg. 755 25.A.4 09/07/2022 based on the Opinion of Probable Cost. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is approved as to form and legality. Ordinance No. 2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen Oversight Committee, whose duties are as follows: Duties. The Committee shall have the responsibility to review the expenditure of Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The Board may expend proceeds of the Surtax on projects not specifically stated herein or in the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2) have a positive recommendation by this Committee, and (3) fall within the projects and categories identified. The Committee shall not recommend alternative projects, unless requested by the Board. A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary for the Committee's review. In addition to the Ordinance, it is important that the Committee be comfortable that the proposed expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government infrastructure sales surtax. That statute states, in relevant part as follows: 212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.- (d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by the school district, within the county and municipalities within the county, or, in the case of a negotiated joint county agreement, within another county, to finance, plan, and construct infrastructure; to acquire any interest in land for public recreation, conservation, or protection of natural resources or to prevent or satisfy private property rights claims resulting from limitations imposed by the designation of an area of critical state concern; to provide loans, grants, or rebates to residential or commercial property owners who make energy efficiency improvements to their residential or commercial property, if a local government ordinance authorizing such use is approved by referendum; or to finance the closure of county -owned or municipally owned solid waste landfills that have been closed or are required to be closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used for the operational expenses of infrastructure, except that a county that has a population of fewer than 75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance costs associated with landfill closure. Counties, as defined in s. 125.011 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 Packet Pg. 756 09/07/2022 25.A.4 by the local taxing authority or another governmental entity. The County Attorney's Office has reviewed this item and believes that the request meets all the requirements of both the Statute and the Ordinance. As an aside, only those items which satisfy the requirements of both the Ordinance and the Statute will be brought to the Committee. The County Attorney's Office opinion, however, is not binding on the Committee, as the Board of County Commissioners created this Committee "to provide for citizen review of the expenditure of the Surtax proceeds by the County... (to) serve as an ad hoc advisory and reporting body to the County." - CMG Prepared by: Tony Barone, Principal Project Manager, Facilities Management ATTACHMENT(S) 1. EMS 74 Golden Gate Estates Station - PowerPoint (PPTX) 2. EMS 74 Golden Gate Estates Station - Project Checklist (PDF) 3. Infrastructure Surtax Statute (PDF) 4.Ordinance 2018-21 (PDF) Packet Pg. 757 25.A.4 09/07/2022 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 8.B.2 Doc ID: 23167 Item Summary: To validate the additional expenditure of $2,390,681.18 to award the construction contract for Collier County Fire and EMS Station 74 in Golden Gate Estates (Project No. 55212). Meeting Date: 09/07/2022 Prepared by: Title: — Facilities Management Name: Tony Barone 08/29/2022 2:19 PM Submitted by: Title: Director - Facilities Maangement — County Manager's Office Name: Ed Finn 08/29/2022 2:19 PM Approved By: Review: Facilities Management Ed Finn Manager - Real Property Skipped 08/29/2022 9:23 PM County Manager's Office Ed Finn Director - Facilities Completed 08/29/2022 9:31 PM Facilities Management John McCormick Additional Reviewer Completed 08/30/2022 8:38 AM Emergency Medical Services Tabatha Butcher Additional Reviewer Completed 08/31/2022 9:06 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 08/31/2022 1:51 PM Procurement Services Heather Yilmaz Review Item Completed 08/31/2022 5:00 PM CMO Geoffrey Willig Review Item Completed 08/31/2022 5:36 PM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending Facilities Management Bendisa Marku Review Item Skipped 08/29/2022 2:23 PM Packet Pg. 758 68EtiZ) epua6V lln=l - aa;;lu WOW 4y6lsaanp uezi}l3 xe:png ain;ana}seilul ZZ0Z-L0.60 :}uaua M44V y— O c O C) CL U u x D L FA-9 NO J H H O O v O •- H W 0 0 0 N� u N_ H N O O L V Lo LU } } O O _ O O Dom. 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W Project(s) in line with County Ordinance 2018-21 V Project(s) identified in Exhibit A within County Ordinance 2018-21 W Project(s) in line with Ballot Language within County Ordinance 2018-21 The Infrastructure Surtax Citizens Oversight Committee (ISCOC) validated that the Fire and EMS Station 74 in Golden Gate Estates project meets the necessary requirements and is eligible to use Surtax Funding, September 07 ,2022 Chairman Exhibit A Reference Category: Facilities and Capital Replacements Sub -Category: EMS Substations Funding Requested: $4,890,681.18 (includes original $2.5 M validated and $2,390,681.18 in additional funding) Packet Pg. 770 25.A.4 212.055 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) l . 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. 10 1. 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 Packet Pg. 771 25.A.4 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 Packet Pg. 772 25.A.4 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) l . Notwithstanding paragraph (d), a county that has a population of 50,000 or lesson 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 Packet Pg. 773 25.A.4 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. Packet Pg. 774 25.A.4 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 Packet Pg. 775 25.A.4 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 Packet Pg. 776 25.A.4 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 Packet Pg. 777 25.A.4 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 3 1 " 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 Packet Pg. 778 25.A.4 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 Packet Pg. 779 25.A.4 (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 6of8 Packet Pg. 780 25.A.4 (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. 0) 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 Packet Pg. 781 25.A.4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this aAs� day of r , 2018. ATTEST: DWIGHT E. BROCK, Clerk By: l� ✓"". Deputy Attest as to Chairman s signature only. and legality: Jeffrey Al FJ*kow, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIERjQCfUNTY, FLOI 12 Andy Solis, Chairman This ordinance filed with the Secretary of St'te's Office 'day of _ and acknowledgement of that fiIi;;o 'ceived this 4° - day 0, Page 8 of 8 Packet Pg. 782 Q Lei N on., +—J x Lli 68£tiZ) epu06y lln=l - 0011luau OO ILIBlsaanp uezi;io xe:pnS 0an;0na;sea}ul ZZOZ-LO.60 :;ueWLj3e4;y 0 0 0 0 0 0 0 0 o Q o 0 0 0 0 o Q o 0 0 0 r ih r: ti cc o c o> th o to of 0 to O N o o 0 O� (� N d} u3 to d► t0 r M M et w M T to to T M N N If! to p 0 0 0 0 0 0 0 0 p 0 0 0 O O O p 0 0 0 0 N to O T Iq N N N Io u3 u> IR u� u> ut r fo 40 0 p 0 0 0 0 0 O p O O N0T, M NN� W r M W u> ar w w ua w p 0 0 0 O 0 0 0 0 p 0 0 0 O O O p 0 0 0 0 to C e= M 4 t: 6 6 O N eMf O LS! N Y f t� p 0 C O to O M N T r u6 M T 0) Mt0 dt t0 N ut r V N N N T to u3 u> u> u> u! r 1R u3 u} {H r w w w to 44 to to 0 0 a H c IC F- N �r _ a T a T u a o c a _ a N +' £ u E C C � 2 N W V R o a a cr to W d m = 3 0 a d c t� 'o -a v �, a m t0 •• M ism = M > = c '0 ,u o a 0 a° a= a 0 R V' a 3 E of V ,N 0 t. ILH= a 0 ._ 0 a =V. otf a m Q1 H Y M W N ra+ O y to - a N 0 c C •� a a _ a CI .0 X a i 16 7 O = m 3 <, y V S V N £ Y r 0 3 a- H Qm m 1 0 Z _ F Z fh LL ii m a a W V V > O a 25.A.4 F z. i� :" COl nK F T�COar FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor 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: KEN DETZNER Secretary of State 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. (fray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fLus Packet Pg. 784 25.A.4 09/07/2022 EXECUTIVE SUMMARY To validate the additional expenditures of $839,286.90 to award the construction contract of the Collier County Jail Laundry Replacement and Safety Upgrades to provide CCSO a facility that meets the current and future demands of the Jail with enhanced safety and increased efficiency. (Project No. 50185) OBJECTIVE: To validate the additional expenditures of $839,286.90 to award the construction contract associated with the Collier County Jail Laundry Replacement and Safety Upgrades. CONSIDERATIONS: The Surtax began to be collected on January 1, 2019. Projects outlined in County Ordinance 2018-21 are eligible to receive funding from the Surtax so long as the expenditure occurred after January 1, 2019, the project meets the requirements of F.S. 212.055, conforms to the defmition of Infrastructure, and is in line with County Ordinance 2018-21. There were three main categories of projects identified in Ordinance 2018-21 Transportation Projects, Facilities & Capital Replacements, and Community Priorities. The Collier County Jail Laundry Replacement and Safety Upgrades is identified within the Facilities & Capital Replacements category under the sub -group of HVAC, Roofing, and Capital Equipment Replacement at Sheriff's & County Facilities. On March 4, 2020, the Collier County Jail Laundry Replacement and Safety Upgrades was validated and funded by the Surtax Oversight Committee with a conceptual estimate of the project budget of $1,450,000. Collier County Facilities Management Division then engaged Stantec Consulting Services Inc. to provide a solution to address the existing and future laundry needs. The new laundry will be located adjacent to the existing laundry, and the space currently used for laundry will be re -purposed as new offices. Once the design and critical path permitting was completed in 2022, a bid package was sent out to the broader construction market to provide competitive bids. The County received two bids by the submission deadline with the lowest qualified bid being $2,094,550 and the other qualified bid being $2,164,270. Staff determined both bidders to be responsive and responsible. Staff and the engineering consultant determined the low bid to be fair and reasonable and recommend awarding the contract to the low bidder. The Collier County Jail Laundry Replacement and Safety Upgrades 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." FISCAL IMPACT: Based on the lowest qualified bid received for construction in the amount of $2,094,550, the total project cost is projected to be $2,289,286.90. The originally allocated Surtax amount for this project is $1,450,000. With this additional validated amount of $839,286.90, the revised total Surtax contribution to the project budget will be $2,289,286.90 which is equal to the projected total project cost. The Jail Laundry project is an element within the HVAC, Roofing, and Cap Equip Replace at Sheriffs & County Facilities category that has a $120,034.50 available balance that can be validated for this project. Packet Pg. 785 25.A.4 09/07/2022 The remaining funding need of $719,252.40 is available from interest earned on Surtax Program funds and surplus Infrastructure Surtax collections. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is approved as to form and legality. Ordinance No. 2018-21, the Collier County infrastructure surtax ordinance, created the Infrastructure Surtax Citizen Oversight Committee, whose duties are as follows: Duties. The Committee shall have the responsibility to review the expenditure of Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The Board may expend proceeds of the Surtax on projects not specifically stated herein or in the attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2) have a positive recommendation by this Committee, and (3) fall within the projects and categories identified. The Committee shall not recommend alternative projects, unless requested by the Board. A copy of the ordinance, which contains the ballot language, is attached to this Executive Summary for the Committee's review. In addition to the Ordinance, it is important that the Committee be comfortable that the proposed expenditure comports with Florida Statute Sec. 212.055, which authorizes the local government infrastructure sales surtax. That statute states, in relevant part as follows: 212.055 Discretionary sales surtaxes; legislative intent; authorization and use of proceeds (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.- (d) The proceeds of the surtax authorized by this subsection and any accrued interest shall be expended by the school district, within the county and municipalities within the county, or, in the case of a negotiated joint county agreement, within another county, to finance, plan, and construct infrastructure; to acquire any interest in land for public recreation, conservation, or protection of natural resources or to prevent or satisfy private property rights claims resulting from limitations imposed by the designation of an area of critical state concern; to provide loans, grants, or rebates to residential or commercial property owners who make energy efficiency improvements to their residential or commercial property, if a local government ordinance authorizing such use is approved by referendum; or to finance the closure of county -owned or municipally owned solid waste landfills that have been closed or are required to be closed by order of the Department of Environmental Protection. Any use of the proceeds or interest for purposes of landfill closure before July 1, 1993, is ratified. The proceeds and any interest may not be used for the operational expenses of infrastructure, except that a county that has a population of fewer than 75,000 and that is required to close a landfill may use the proceeds or interest for long-term maintenance costs associated with landfill closure. Counties, as defined in s. 125.011 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, Packet Pg. 786 09/07/2022 25.A.4 general governmental office buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing authority or another governmental entity. The County Attorney's Office has reviewed this item and believes that the request meets all the requirements of both the Statute and the Ordinance. As an aside, only those items which satisfy the requirements of both the Ordinance and the Statute will be brought to the Committee. The County Attorney's Office opinion, however, is not binding on the Committee, as the Board of County Commissioners created this Committee "to provide for citizen review of the expenditure of the Surtax proceeds by the County... (to) serve as an ad hoc advisory and reporting body to the County." - CMG Prepared by: Olivier Sureau, Senior Project Manager, Facilities Management ATTACHMENT(S) 1. Jail Laundry Replacement and Safety Upgrades - Checklist (PDF) 2. Jail Laundry Replacement and Safety Upgrades - PowerPoint (PPTX) 3. Infrastructure Surtax Statute (PDF) 4.Ordinance 2018-21 (PDF) Packet Pg. 787 25.A.4 09/07/2022 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 8.13.3 Doc ID: 23184 Item Summary: To validate the additional expenditures of $839,286.90 to award the construction contract of the Collier County Jail Laundry Replacement and Safety Upgrades to provide CCSO a facility that meets the current and future demands of the Jail with enhanced safety and increased efficiency. (Project No. 50185) Meeting Date: 09/07/2022 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 08/29/2022 2:13 PM Submitted by: Title: Director - Facilities Maangement — County Manager's Office Name: Ed Finn 08/29/2022 2:13 PM Approved By: Review: Facilities Management Ed Finn Manager - Real Property County Manager's Office Ed Finn Director - Facilities Facilities Management John McCormick Additional Reviewer Office of Management and Budget Susan Usher Additional Reviewer Procurement Services Heather Yilmaz Review Item CMO Geoffrey Willig Review Item Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Skipped 08/29/2022 9:50 PM Completed 08/29/2022 9:50 PM Completed 08/30/2022 8:38 AM Completed 08/30/2022 9:14 AM Completed 08/30/2022 4:50 PM Completed 08/31/2022 11:35 AM Meeting Pending Packet Pg. 788 25.A.4 Collier County Jail Laundry Replacement and Safety Upgrades 50185 Project Project # Infrastructure Surtax Citizens Oversite Committee Project Checklist V Project(s) in line with F.S. 212.055 Expenditure related to infrastructure as follows: V Construction W 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 V1 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. V Project(s) in line with County Ordinance 2018-21 V Project(s) identified in Exhibit A within County Ordinance 2018-21 V Project(s) in line with Ballot Language within County Ordinance 2018-21 The Infrastructure Surtax Citizens Oversight Committee (ISCOQ validated that the Collier County Jail Laundry Replacement and Safety Upgrades project meets the necessary requirements and is eligible to use Surtax Funding on September 07 7 2022. Chairman Exhibit A Reference Category: Facilities and Capital Replacements Sub -Category: HVAC, Roofing, and Capital Equipment Replacement at Sheriffs & County Facilities Funding Requested: $2,289,286.90 (includes original $1,450,000 validated amt + $839,286 in additional fund Packet Pg. 789 68EtiZ) epua6V lln=l - aa;;lu WOW 4y6lsaanp uezi}l3 xe:png ain;ana}seilul ZZOZ-LO.60 :}uaua M44V c O .V) CA V O u O CL a u x a i N W�j to O V L C — >- v 4- y � � c � O co v L W N } o E a w •� � V O ,O l� -0 c i J W _ y W m m 68EtiZ) epua6V lln=l - aa;;lu WOO 4y6lsaanp uezi}lo xe:png ain;ana}seilul ZZOZ-LO.60 :}uaua M44V 4--J U O r N v, o 06 u � o O U O cn `~ w a� U V) � O O N c U w c 68EtiZ) epua6V lln=l - aa;;lu WOW 4y6lsaanO uezi}l3 xe:png ain;ana}seilul ZZOZ'LO'60 :}uaua M44V 4--J nu . 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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) l . 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. 10 1. 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 Packet Pg. 797 25.A.4 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 Packet Pg. 798 25.A.4 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) l . Notwithstanding paragraph (d), a county that has a population of 50,000 or lesson 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 Packet Pg. 799 25.A.4 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. Packet Pg. 800 25.A.4 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 Packet Pg. 801 25.A.4 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 Packet Pg. 802 25.A.4 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 Packet Pg. 803 25.A.4 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 3 1 " 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 Packet Pg. 804 25.A.4 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 Packet Pg. 805 25.A.4 (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 6of8 Packet Pg. 806 25.A.4 (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. 0) 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 Packet Pg. 807 25.A.4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this aAs� day of r , 2018. ATTEST: DWIGHT E. BROCK, Clerk By: l� ✓"". Deputy Attest as to Chairman s signature only. and legality: Jeffrey Al FJ*kow, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIERjQCfUNTY, FLOI 12 Andy Solis, Chairman This ordinance filed with the Secretary of St'te's Office 'day of _ and acknowledgement of that fiIi;;o 'ceived this 4° - day 0, Page 8 of 8 Packet Pg. 808 on., +—J x Lli 68£tiZ) epu06y lln=l - 0011luau OO ILIBlsaanp uezi;io xe:pnS 0an;0na;sea}ul ZZOZ-LO.60 :;ueWLj3e4;y 0 0 0 0 0 0 0 0 o Q o 0 0 0 0 o Q o 0 0 0 r ih r: ti cc o c o> th o to of 0 to O N o o 0 O� (� N d} u3 to d► t0 r M M et w M T to to T M N N If! to p 0 0 0 0 0 0 0 0 p 0 0 0 O O O p 0 0 0 0 N to O T Iq N N N Io u3 u> IR u� u> ut r fo 40 0 p 0 0 0 0 0 O p O O N0T, M NN� W r M W u> ar w w ua w p 0 0 0 O 0 0 0 0 p 0 0 0 O O O p 0 0 0 0 to C e= M 4 t: 6 6 O N eMf O LS! N Y f t� p 0 C O to O M N T r u6 M T 0) Mt0 dt t0 N ut r V N N N T to u3 u> u> u> u! r 1R u3 u} {H r w w w to 44 to to 0 0 a H c IC F- N �r _ a T a T u a o c a _ a N +' £ u E C C � 2 N W V R o a a cr to W d m = 3 0 a d c t� 'o -a v �, a m t0 •• M ism = M > = c '0 ,u o a 0 a° a= a 0 R V' a 3 E of V ,N 0 t. ILH= a 0 ._ 0 a =V. otf a m Q1 H Y M W N ra+ O y to - a N 0 c C •� a a _ a CI .0 X a i 16 7 O = m 3 <, y V S V N £ Y r 0 3 a- H Qm m 1 0 Z _ F Z fh LL ii m a a W V V > O a 25.A.4 F z. i� :" COl nK F T�COar FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor 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: KEN DETZNER Secretary of State 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. (fray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fLus Packet Pg. 810 25.A.4 09/07/2022 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.A Item Summary: Committee Support Documents: Section 212.054 Florida Statutes & Collier County Ordinance 2018-21 Meeting Date: 09/07/2022 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 06/02/2022 3:25 PM Submitted by: Title: Director - Facilities Maangement — County Manager's Office Name: Ed Finn 06/02/2022 3:25 PM Approved By: Review: Facilities Management Jennifer Belpedio Manager - Real Property County Manager's Office Ed Finn Director - Facilities Facilities Management John McCormick Additional Reviewer Procurement Services Heather Yilmaz Review Item CMO Geoffrey Willig Additional Reviewer Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Completed 06/03/2022 9:04 AM Completed 06/06/2022 9:35 AM Completed 06/06/2022 10:06 AM Completed 08/18/2022 3:12 PM Completed 08/18/2022 4:53 PM Meeting Pending Packet Pg. 811 25.A.4 212.055 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) l . 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. 10 1. 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 Packet Pg. 812 25.A.4 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 Packet Pg. 813 25.A.4 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) l . Notwithstanding paragraph (d), a county that has a population of 50,000 or lesson 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 Packet Pg. 814 25.A.4 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. Packet Pg. 815 25.A.4 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 Packet Pg. 816 25.A.4 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 Packet Pg. 817 25.A.4 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 Packet Pg. 818 25.A.4 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 3 1 " 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 Packet Pg. 819 25.A.4 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 Packet Pg. 820 25.A.4 (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 6of8 Packet Pg. 821 25.A.4 (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. 0) 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 Packet Pg. 822 25.A.4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this aAs� day of r , 2018. ATTEST: DWIGHT E. BROCK, Clerk By: l� ✓"". Deputy Attest as to Chairman s signature only. and legality: Jeffrey Al FJ*kow, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIERjQCfUNTY, FLOI 12 Andy Solis, Chairman This ordinance filed with the Secretary of St'te's Office 'day of _ and acknowledgement of that fiIi;;o 'ceived this 4° - day 0, Page 8 of 8 Packet Pg. 823 Q 49 N on., +—J x Lli 68£tiZ) epu06y lln=l - 0011luau OO ILIBlsaanp uezi;io xe:pnS 0an;0na;sea}ul ZZOZ-LO.60 :;ueWLj3e4;y 0 0 0 0 0 0 0 0 o Q o 0 0 0 0 o Q o 0 0 0 r ih r: ti cc o c o> th o to of 0 to O N o o 0 O� (� N d} u3 to d► t0 r M M et w M T to to T M N N If! to p 0 0 0 0 0 0 0 0 p 0 0 0 O O O p 0 0 0 0 N to O T Iq N N N Io u3 u> IR u� u> ut r fo 40 0 p 0 0 0 0 0 O p O O N0T, M NN� W r M W u> ar w w ua w p 0 0 0 O 0 0 0 0 p 0 0 0 O O O p 0 0 0 0 to C e= M 4 t: 6 6 O N eMf O LS! 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N 00 Cb a Y U m a 25.A.4 09/07/2022 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.13 Item Summary: Quarterly Report to Committee - Surtax Projects Update Meeting Date: 09/07/2022 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 06/02/2022 3:21 PM Submitted by: Title: Director - Facilities Maangement — County Manager's Office Name: Ed Finn 06/02/2022 3:21 PM Approved By: Review: Facilities Management Jennifer Belpedio Manager - Real Property Completed 06/03/2022 9:05 AM County Manager's Office Ed Finn Director - Facilities Completed 08/25/2022 8:09 PM Facilities Management John McCormick Additional Reviewer Completed 08/29/2022 3:03 PM Procurement Services Heather Yilmaz Review Item Completed 08/30/2022 4:40 PM CMO Geoffrey Willig Additional Reviewer Completed 08/31/2022 8:45 AM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending Packet Pg. 827 68EtiZ) epua6V lln=l - aa;;lu WOO Iy6lsaanp uazi;io xepnS ain;ana;sealul ZZOZ-LO.60 :4uewL4oe;;y d L6 N O .V) O Lf) 4--j W 0 C� O u v N ICD W w ��� a) +� wo 0 0 CL V p 0� O m Q m O C V) m 00 N 00 Cb a m m a ]BE Z epuu V Hn]-a m W Woo m@s a O ua mQ x P nS & mom7� IZZUCIU eD uemq0t: nV (3) r�l _0 _ g co 2 / # n \ § 4.1 k / 0 0 � CIC o � k § 2 2 u .j / � 0- coq 7 2 \ \/ 0 u 0 2 4� •/ ° Z z % W = & 2 o -0 / / -0 • _ /' f § > E \ 0 2 ra 0� m 2 2 0 .2 m E / 2 -0 « > C : n u = % E / ro 0 k kƒ 3 LU k E/ 2 2 m x -0 > { e \._ y $ 2 I . . .— = 7 e 2 a b a E� 2 2 q u G k R \ � E e CL ƒ -6 ,E 0 2 \ 2 E / m M $ "mLn k -6 E 2 $ M \ 2 0 q U +1 # � y E / D- u m / 2 cq�- o u — i 2 L ' w -0 On �U \ / § 4 / 4-1M 0 (A 0 2 4., U - _• k /CL u 2 � « 0 % u - \ u 0 / / '% t o § 2 0 U »�7� 0 / � q U m qj)- qj)- + o6 g q 3 ) 7 u 0 E CD 7 � ® m o o m 0 u u 00 a (L \ (L r� v I 4--) n� W nE W 0 L— C) 0 I 0 N 0 QD 68EtiZ) epua6V lln=l - aa;;lwWOO 4y6lsaanp uezi}lo xe:png ain;ana}seilul ZZOZ'LO'60 :}uaua M44V � o l]A C N O N N O -I U O U Q CO Q co ~ v }+ CO - C E } ca O L C � L N Q4.1 O 0 N Ln w 4.1 c O 0 U Ln U 00 O (6 .� - t]A 3 L tA O Q N 4- LA +, } cri _ C O N O i a- U Q 3 N 4J m a a ao Qj +- U O O-D O N tA O N Q U aJ a- U N 0 an CIS O b.A Q C 4-i C O C o Ov p0 � J O O lD q0 X L U L 4- U 'L j6 L N—j § N O to O H C E C in Q Ln n C U C M aj L 0 C- -O w N v O 0 0 CC E 2 L a + a E N C6 j � t]A N 4.- O a-+ - — LL N M u� .O CU C 0 -0 U !-I t/1 t/j- ca Q N O C n0 41 = ate-' U C1A m �-+ taA to L O �--� O +' N Q d _ m L U> to 3 m 1+ o N " a L n E W _CM +, O M 4- O v a O m O V u = ca u d0 ai u> C 4.1 OC E +, _ = _= i L W w 0 d N N N tw w H O ra O 0 a d Ucc oc m U 0- U_ U U N N O N \ t.D O Q-1 Zt N IZT N O O o n cv r-I N C co UA � Cc w Co Q c _ ago =5 Q M N m O_ U 4J Cc —=; Q C 4-bn 0 Q O O O v L.L. 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O Q Ou 0 C) V \ m DC O "O "a E U 7#k Vf (n aU- O L) O 0a c�i +J U N OJ G1 O V V U U u U +�.+ f0 C f0 L O_ i M i m m y O O U a) .� +�+ t +-+ yI C Q E E • V 'in to L L L L ° L a) C �, L c 3 > O 4+ 4+ O C D a a s a-0 .� U� C Q u O o (D W W d Q V 0 0 0 0 a m Y V R IL 25.A.4 09/07/2022 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.0 Item Summary: Monthly Report to Committee - August 2022 Meeting Date: 09/07/2022 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 06/03/2022 9:36 AM Submitted by: Title: Director - Facilities Maangement — County Manager's Office Name: Ed Finn 06/03/2022 9:36 AM Approved By: Review: Facilities Management Jennifer Belpedio Manager - Real Property County Manager's Office Ed Finn Director - Facilities Facilities Management John McCormick Additional Reviewer Procurement Services Heather Yilmaz Review Item CMO Geoffrey Willig Additional Reviewer Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Completed 06/03/2022 1:22 PM Completed 06/06/2022 9:28 AM Completed 06/06/2022 10:09 AM Completed 08/29/2022 2:30 PM Completed 08/30/2022 8:15 AM Meeting Pending Packet Pg. 881 25.A.4 One Penny Infrastructure Sales Tax - Status of Projects in Exhibit A As of August 22, 2022 Exhibit A - Sales Committee Balance to be Encumbered/ Project Tax Allocation & Validated / validated by Expended to Number Description Reallocations** Project Total * Committee Date Transportation: 60168 Vanderbilt Bch Rd Ext. - 951 to 8th/16th $ 74,000,000 $ 74,000,000 $ $ 74,000,000 60201 Pine Ridge Rd, Livingston $ 23,000,000 $ 23,000,000 $ $ 4,994,492 66066 Bridge Replacement (11) ** $ 33,000,000 $ 33,000,000 $ $ 29,885,988 60147 Randall Intersection (was Proj 60065) $ 7,000,000 $ 7,000,000 $ $ 2,074,411 60190 Airport Rd. - Vanderbilt to Immok $ 4,000,000 $ 4,000,000 $ $ - 60215 Triangle Blvd $ 6,000,000 $ 6,000,000 $ $ 3,428,260 60212 New Bridges (6 of 11) Golden Gate Estates ** $ 34,000,000 $ 34,000,000 $ $ 1,374,256 60228 Sidewalks $ 10,000,000 $ 10,000,000 $ $ 1,077,837 Subtotal - Transportation $ 191,000,000 $ 191,000,000 $ $ 116,835,244 Facilities & Capital Replacements 70167 Forensic/Evidence Bldg. $ 33,000,000 $ 33,000,000 $ $ 3,219,067 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 $ $ 639,356 HVAC, Roofing, & Cap Equip Replace at Sheriff's & $ 39,000,000 $ 120,034.50 50163 Naples Lib HVAC $ 1,756,220 $ 1,713,864 50164 Health Bldg. HVAC $ 1,644,417 $ - 50165 Health Bldg. Roof $ 657,000 $ - 50166 Jail & Chiller Plant HVAC-completed $ 1,324,490 * $ 1,324,490 50176 Immokalee Health Bldg. HVAC/Roof-completed $ 1,326,970 * $ 1,326,970 50181 Jail Isolation Rooms HVAC-completed $ 175,835 * $ 175,835 50182 Jail Steam to Hot Water Boiler Conversion -completed $ 431,015 * $ 431,015 50183 Jail Security System Replacement $ 1,632,790 $ 1,632,790 50184 Jail Generator - Phase 1 & 2 & Bldg H Generator $ 3,150,000 $ 850,227 50185 Jail Laundry Replacement & Safety Upgrades $ 1,450,000 $ 114,737 50187 Museum - Everglades City Roof Replacement -completed $ 68,979 * $ 68,979 50188 Switchgear Upgrade A, B, & K-completed $ 1,460,382 * $ 1,460,382 50189 Underground Chilled Water Pipe $ 4,000,000 $ 577,554 50190 Vineyards Com Pk Air System Replacement -completed $ 223,453 * $ 223,453 50191 Em Sery Ctr Chiller Replacement -completed $ 949,282 * $ 949,282 50214 New Chiller Plant $ 11,500,000 $ 1,895,511 50221 Reliable Building Automation Upgrade $ 4,000,000 $ 3,938,360 50237 Jail Fire Alarm Replacement $ 1,300,000 $ 72,407 53007 Jail Kitchen Renovation -completed $ 1,829,133 * $ 1,829,133 Hurricane Resilience $ 15,000,000 $ 8,280,000 50390 ESC Enclose Bay $ 1,500,000 $ 118,498 50391 PUD Generators $ 4,650,000 $ 4,619,250 50393 Generators - N Collier Pk & Imm Sports Complex $ 570,000 $ - EMS Substations (3) $ 6,000,000 $ 55211 Heritage Bay EMS station $ 2,222,200 $ - 55212 Golden Gate Estates $ 2,500,000 $ 512,254 55213 Old US 41 EMS Station $ 1,277,800 $ 258,911 Subtotal - Fac & Cap Replacements $ 139,000,000 $ 130,599,966 $ 8,400,035 $ 67,952,324 Community Priorities Career and Tech Training Ctr $ 15,000,000 $ - $ 15,000,000 $ - 50112 VA Nursing Home $ 30,000,000 $ $ 30,000,000 $ 50267 Workforce Housing Land Trust Fund $ 20,000,000 $ $ 20,000,000 $ - 50239 Mental Health Facility $ 25,000,000 $ 25,000,000 $ - $ 2,490,858 Subtotal - Comm Priorities $ 90,000,000 $ 25,000,000 $ 65,000,000 $ 2,490,858 Grand Total - Expenditures $ 420,000,000 $ 346,599,966 $ 73,400,035 $ 187,278,426 *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). Packet Pg. 882 25.A.4 One Penny Infrastructure Sales Tax - Status of Projects in Exhibit A As of August 22, 2022 Local Option Infrastructure Sales Tax - State's Monthly Distribution to County $12.0 $10.0 $8.0 0 $6.0 $4.0 -9&-2022 t2021 $2.0 t2020 t2019 Jan Feb March April May June July Aug Sept Oct Nov Dec 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 January1,2020 - December 31, 2020 Year 3 (2021) 101,291,989.73 636,181.81 January 1, 2021 - December 31, 2021 Year 4 (2022) 76,261,836.21 665,479.21 January1,2022 - August 22, 2022 326,357,023.03 2,776,917.93 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) 5,795,353.13 January 1, 2021 - December 31, 2021 Year 4 (2022) 4,290,262.94 January 1, 2022 - August 22, 2022 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) 4,813,724.21 January 1, 2021 - December 31, 2021 Year 4 (2022) 3,583,875.80 January 1, 2022 - August 22, 2022 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) 118,498.29 January 1, 2021 - December 31, 2021 Year 4 (2022) 87,585.50 January1,2022 - August 22, 2022 Total Infrastructure Surtax Collected 361,040,187.22 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. Packet Pg. 883 25.A.4 09/07/2022 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.13 Item Summary: Annual 2021 Memorandum Update to Board Meeting Date: 09/07/2022 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 08/31/2022 5:10 PM Submitted by: Title: Director - Facilities Maangement — County Manager's Office Name: Ed Finn 08/31/2022 5:10 PM Approved By: Review: Facilities Management Bendisa Marku Manager- Real Property Skipped 08/31/2022 5:08 PM Facilities Management John McCormick Director - Facilities Completed 09/01/2022 7:34 AM Procurement Services Bendisa Marku Review Item Skipped 08/31/2022 5:08 PM County Manager's Office Ed Finn Additional Reviewer Completed 08/31/2022 8:44 PM CMO Geoffrey Willig Additional Reviewer Completed 09/01/2022 8:31 AM Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Meeting Pending Packet Pg. 884 25.A.4 C O 6Y County Office of the County Manager MEMO Date: August 31, 2022 To: Commissioner William L. McDaniel, Jr. -District 5 Commissioner Burt Saunders -District 3 Commissioner Rick LoCastro-District 1 Commissioner Andy Solis -District 2 Commissioner Penny Taylor -District 4 From: Scott J. Lepore — At Large — Chair CC: Ed Finn, Interim Deputy County Manager Heather Cartwright-Yilmaz, Sr. Operations Analyst John McCormick, Principal Project Manager Subject: Annual Infrastructure Surtax Citizen Oversight Committee Update Report This memorandum is intended to provide a status update on the activity, related to the Collier County Local Government Infrastructure Surtax, since collections began three years ago. The seven -member Infrastructure Surtax Citizen Oversight Committee was formed for the purpose of providing citizen review of the county's expenditures and use of proceeds from the Collier County and Municipal Infrastructure One -cent Sales Surtax. The Committee was established when the surtax was approved by the voters in the November 06, 2018, General Election. The Committee reviews projects to ensure that they are inline with the ballot referendum approved by the voters and Ordinances 2018-21 and 2019-46 and meets the definition of infrastructure as outlined in F.S. 212.055. A copy of the Board approved Project List, Exhibit A, is included with this memorandum. It identifies three major project categories: Transportation - $191 M; Facilities and Capital Replacement - $139M; and Community Priorities - $90M. Collier County projects total $420M. The revenue is restricted to capital improvements only, and Operations & Management expenditures are prohibited. The Sales Surtax began to be collected by businesses on January 1, 2019. Each year the State Department of Revenue provides collection estimates that outline the estimated revenue and distribution for the upcoming fiscal year. At the current rate of collection, the $490M collection threshold is projected to be achieved prior to Dec 31 st, 2025, barring any significant economic downturn. Packet Pg. 885 25.A.4 Sales Surtax Collections (month recorded) $16,000,000-00 $14,000,000-00 $12,000,000-00 $io,000,000-00 K000.000-00 $6,000,000-00 $4,0W,0W CK) $2,000,000-00 S May June July August September November 0eoernber January February ■ 2019 Recorded Collection ■ 2020 Recorded Collection ■ 2021 Recorded Collection Summary The Sales Surtax began to be collected by businesses on January 1, 2019. In the first three years the Infrastructure Surtax Citizens Oversight Committee (ISCOC) has reviewed and validated 37 projects through 14 meetings for a total of $346,599,966. Projects validated by the committee included nine transportation projects and twenty-nine facilities projects. There were several facilities improvements at the Main County Complex validated during 2021. These improvements include the replacement of the Jail Fire Alarm system and the Building H Generator. Additionally, EMS Station 412 in North Naples, additional funding for the Wastewater Pump Station Back-up Systems, and a second option for the DAS project were validated. The validated transportation projects consisted of the Randall Intersection and five of the eleven New Bridge projects. The ISCOC also validated the Mental Health Facility under the Community Priority category. The following paragraphs provide more detailed updates regarding projects that have been validated by the Committee. Completed Projects Currently, there are eight projects under the Capital Equipment Replacement category that have been completed under budget and nine projects that are pending completion. The Security Control System Replacements projects at the Collier County Jails in Naples and Immokalee were completed in December 2021. These projects provide upgraded state-of-the-art security and CCTV systems to meet the security and operational requirements of the Naples and Immokalee jails. Project Updates The J1/J2/J3/PG1 Jail Fire Alarm Replacement project is at 100% design and construction solicitation is in process. The replacement will incorporate state-of-the-art non-proprietary devices, sensors, and annunciator panels to resolve the nuisance alarms and inconsistent system performance, while bringing the structures into current Fire Code compliance. The Replacement of Building H 3rd Floor HVAC System project at the Health Building on the main campus was validated by the Committee in May of 2019. The project had first been paused while the possibility of using the building as a mental health facility was considered. Currently, the HVAC systems are under review for potential redesign with an expanded scope to include all Packet Pg. 886 25.A.4 three floors and associated additional rooftop equipment. HVAC construction will be preceded by completion of the New Chiller Plant (Building K). The Building H Roof replacement project is likewise paused to allow proper coordination with the HVAC replacement project. r The New Chiller Plant (Building K) is at 60% design development. The replacement will include L four air-cooled chillers totaling 2,000 tons of cooling capacity, a supplemental Thermal Energy Storage (TES) chilled water tank, and a dedicated 2500 kw emergency generator. The design direction has been modified to revitalize the existing Building K and add a new structure to house N the chilled water pumping systems. The Underground Chilled Water Mains project has reached 100% design development. Due to x 3 material cost escalation and site logistics, this project has been deemed unfeasible. Remaining funds from this project will be requested to be reallocated to the New Chiller Plant (Building K). The J1 and J2 Generator and Platform and Health Building Generator have been coordinated with N the Construction Manager at Risk (CMAR) contract for the New Chiller Plant (Building K). The J1/ ,- J2 portion includes the equipment and installation of a 2500kW generator and support platform, S louvered enclosure, diesel fuel tank, pumps, and related equipment, including connecting to the a) existing Tri-Star Docking station located in the adjacent electrical room. The Health Building was v added to the scope to include a 1000 kW generator and sound attenuating panel enclosure, which v was validated by the ISCOC in September 2021. The project for the Jail Laundry replacement was validated by the Committee at the March 2020 a a meeting. Procurement assigned solicitation #22-7959 December 2021. Issued notice of cancellation May 2022 and currently rebidding as solicitation #22-7959R. The Jail Laundry Renovation project includes a new laundry layout to provide for better supervision, new electrical, r plumbing, and mechanical systems, and new equipment, which will optimize operational E efficiencies, including security and safety concerns. o U The Reliable Building Automation Upgrades project was validated by the Committee at the, December 2020 meeting. Currently, there are nineteen buildings that have been completed, with L four in progress. The project includes the replacement of the proprietary JCl/Metasys N2 HVAC o controls with open protocol BACnet Reliable controls in fifty-four Collier County Buildings. Twenty- three of these buildings require total system replacement. N r The Domestic Animal Services project team engaged with staff and consultants to more carefully U X consider the proposed relocation from the current DAS campus to a property adjacent to the new 3 Government Operation Business Park and Paradise Coast Sports Complex on City Gate Boulevard North. The project team identified significant cost and space constraints on the r proposed project site. Staff performed a heat map evaluation of intake/adoptions to identify L effective locations of operations, confirming the viability of the current Davis Boulevard location. The review also considered the long-term objectives of Domestic Animal Services and concluded that renovating and enhancing the current Davis Boulevard facility is the best value option. This N option will provide enhanced standards of care, improve the function of the DAS operation, N provide a permanent HVAC solution, enhance appearance and occupant comfort, and extend the o life of the facility by 15 years. o In response to lessons learned as a result of Hurricane Irma, Public Utilities has acquired eighteen r portable generators to be deployed as needed to mitigate sewer backup issues caused by power outages. An additional fourteen permanent generators or pumps are in design to meet more a demanding needs or less accessible locations. To support hurricane shelter operations within the a County generators at the North Collier Regional Park and Immokalee Sports Complex have Packet Pg. 887 25.A.4 received grant funding. With these grant funds and surtax revenue generators will be installed at both locations by the end of 2024. Hurricane Irma also highlighted the need to enclose the East Bay at the County's Emergency Operations Center. Construction to enclose the bay is planned to begin in November of 2022. The East Bay Enclosure project will enclose the east bay storage M and provide a controlled environment for the storage and distribution of disaster supplies and L support ESC operations. o Several transportation projects are currently in design and right of way acquisition. These projects r_ N are longer term projects that require proper planning ahead of the start of construction. Revenue from the surtax partially supplements existing funding for these projects. X r On July 12, 2022, the Pine Ridge Road and Livingston Road intersection project with L improvements to the 1-75 interchange, the Immokalee Road at Randall Boulevard Intersection Improvements project, and the 16t" Street NE Bridge project for the Professional Design and Related Services was awarded. Additionally, the Vanderbilt Beach Rd. Extension project is at N 100% design development and the Construction Invitation to Bid was awarded. The first phase of Big Corkscrew Island Regional Park is currently under construction and 90% complete. 75% of the park has been turned over to Parks and Recreation for public use. This 00 v includes softball and multipurpose fields, concession stands, picnic pavilions, community center v event lawn, playground, outdoor tennis, pickleball, and basketball courts and maintenance cu building. The Aquatic Center and pools are expected to be complete in October 2022. a The design is currently underway for the Sheriff's Office Forensic and Evidence Building. This project will be located at the Government Operations Business Park (Core Campus #2) near the Landfill and Sports Complex. The 60% design development was submitted to Collier County in October 2021 for a two-story option with an estimated construction completion of December 2025. r This project will utilize $33M of surtax revenue. o U The Collier County Mental Health Facility Project was validated by the ISCOC in June 2021. The, design development phase has been completed. The project encompasses the construction of a L new facility that will increase crisis support and will function as the Central Receiving Center for o those receiving services under both the Baker and the Marchman Acts. The new facility will address the mental health needs of the Collier County residents and will relieve some of the N financial burdens currently being placed on the Collier County Sheriff's Office. U x cu The Committee has ensured that the projects are in line with the County's Ordinance and State 3 Statute by assisting with ensuring the transparency of the process. The staff presentations and staff responses to Committee questions have provided the necessary information for the r Committee to validate each project that has been presented. The Committee thanks the Board L for the opportunity to serve the Community and provide oversight through this process. 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C m y R Q ff N m N •N M LU C C tU W 0 C •'C � D C o ++ H 0 = 'D CL s W w F- C a1 r O C _ M V 0R J fD OL v S> V J �+ 0 �.i' CL u C N C 3 R 0= fD C L C V fD ,C N U. = o u u L M v 3 E =v '4 0 .0 L. 0 0 a s > fV Cd > 19 R >% _ (a i= y= m O N N W y C� 0 N - _ = d 0 C C F d m d' 4 H Z 0 LL U. m 0= R 2 0) 0) c� LO rn 00 co a m v R a 25.A.4 09/07/2022 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 12.A Item Summary: Next Meeting Date - December 7, 2022 Meeting Date: 09/07/2022 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 06/02/2022 11:46 AM Submitted by: Title: Director - Facilities Maangement — County Manager's Office Name: Ed Finn 06/02/2022 11:46 AM Approved By: Review: Facilities Management Jennifer Belpedio Manager - Real Property County Manager's Office Ed Finn Director - Facilities Procurement Services Heather Yilmaz Review Item Facilities Management John McCormick Additional Reviewer CMO Geoffrey Willig Additional Reviewer Infrastructure Surtax Citizen Oversight Committee Heather Yilmaz Completed 06/03/2022 9:32 AM Completed 06/06/2022 9:38 AM Completed 06/06/2022 9:40 AM Completed 06/06/2022 10:09 AM Completed 08/18/2022 4:51 PM Meeting Pending Packet Pg. 890