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ISCOC Agenda 06/29/2023
COLLIER COUNTY INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE Collier Couvtty Agenda June 29, 2023 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 Kevin Johnson — District 1 Ronald A. Kezeske — District 2 Katherine Basso — District 3 Patricia Sherry — District 4 Mike Petscher — District 5 James W. DeLony — At Large James Canton — Alternate Kerry Geroy — 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. 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. For more information, please contact the Collier County Facilities Management Department located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL BY LIAISON 4. APPROVAL OF THE AGENDA 5. APPROVAL OF MINUTES FROM PREVIOUS MEETING 1. Meeting Minutes March 22, 2023 6. PUBLIC COMMENT 7. NEW BUSINESS 1. For the Infrastructure Surtax Advisory Committee to review the Board of County Commissioners approved Workforce Housing Land Acquisition Policy for Local Government Infrastructure One -Cent Sales Surta 2. To validate the expenditures of $7,965,000 for the design and construction of the Career and Technical Training Center at 4110 Golden Gate Parkway; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. (Project No. 50287) 8. PROJECTS A. TRANSPORTATION B. FACILITIES & CAPITAL REPLACEMENTS C. COMMUNITY PRIORITIES 9. OLD BUSINESS A. Committee Support Documents: Section 212.054 Florida Statutes & Collier County Ordinance 2018-21 B. Financial Report C. Validated Project Updates - 2nd Quarter 2023 D. Big Corkscrew Island Regional Park Update Presentation June 2023 E. Recommendation to accept a project update on the State Veterans' Nursing Home (Project No. 50112), approved by the Surtax Committee on January 12, 2023. % ANNOUNCEMENTS 11. COMMITTEE MEMBER DISCUSSION 12. NEXT MEETING DATE A. Next Meeting Date September 19, 2023 13. ADJOURNMENT 5.1 06/29/2023 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 5.1 Doc ID: 25340 Item Summary: Meeting Minutes March 22, 2023 Meeting Date: 06/29/2023 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 04/20/2023 2:51 PM Submitted by: Title: — Facilities Management Name: John McCormick 04/20/2023 2:51 PM Approved By: Review: Facilities Management John McCormick Director - Facilities Facilities Management Jennifer Belpedio Manager - Real Property Community & Human Services Maggie Lopez Additional Reviewer County Attorney's Office Colleen Greene Additional Reviewer Infrastructure Surtax Citizen Oversight Committee John McCormick CMO Colleen Greene Review Item Completed 04/20/2023 3:21 PM Completed 04/24/2023 8:49 AM Completed 04/24/2023 10:32 AM Completed 04/24/2023 12:54 PM Meeting Pending 06/29/2023 8:30 AM Completed 05/09/2023 4:39 PM Packet Pg. 4 5.1.a MINUTES OF THE REGULAR MEETING OF THE COLLIER COUNTY Infrastructure Surtax Citizen Oversight Committee March 22, 2023 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 Kevin Johnson Ronald Kezeske Katherine Basso Mike Petscher James W. DeLony James Caton Absent: Also, Present: Bendisa Zela — Management Analyst, Facilities Management, Division Colleen Greene — Assistant County Attorney, County Attorney's Office 1. Call to Order & Pledge of Allegiance The Chairman called the meeting to order at 8:30 AM. 2. Pledge of Allegiance Ronald Kezeske led the Pledge of Allegiance. 3. Roll Call — Liaison Seven members of the Infrastructure Surtax Citizen Oversight Committee were present representing a quorum. 4. Approval of The Agenda The agenda was distributed to all present and the minutes were approved. 5. Approval of minutes from Previous Meeting • Meeting Minutes — January 12, 2023 The minutes were distributed to all present and the minutes were approved. 6. Public Comment 7. New Business 1 1 P a g e Packet Pg. 5 5.1.a 1. Infrastructure Surtax Citizen Oversight Committee Applications There were four applications for the Infrastructure Surtax Citizen Oversight Committee. Mr. DeLony made the motion to not forward Mr. Trachtenberg application to the Board of County Commissioners for appointment to this committee. Motion was second by Mr. Kezeske and was passed unanimously. Mr. DeLony made the motion to recommend all three applicants be forwarded to the Board of County Commissioners. Mr. Lepore second the motion. The motion was passed unanimously. The Committee recommended three new members Kerry Geroy, Ronald Kaplan and Patricia Sherry to the Board of County Commissioner. Currently, the Infrastructure Surtax Citizen Oversight Committee has two vacancies. 8. Projects A. Facilities & Capital Replacements C. Community Priorities 9. Old Business A. Monthly Reports to the Committee B. Validated Project Updates -1st Quarter 2023 C. Committee Support Documents: Section 212.054 Florida Statutes & Collier County Ordinance 2018-21 10. Announcements 11. Committee Member Discussion • Mr. Lepore welcomed the new members Katherine Basso, James Caton and Kevin Johnson to the committee. • Mr. DeLony recommended that at every meeting, there is an agenda item as a place holder," Project Update" highlighting at least one big project. • Susan Usher, OMB: Statute states that the County has to notify the Department of Revenue before October 1st and that the Board has to approve an ordinance to terminate the tax and that has to be delivered before November 16th by Statute. • Mr. Ronald Kezeske made a motion that the County Board makes efforts to notify the business community if the Surtax is going to sunset at the end of the year. Mr. DeLony second the motion. The motion was approved unanimously. • Susan Usher, OMB stated that we are at $436 Million. There is a possibility of collecting another $85 Million on top of the $490 Million. These are estimates and include interest. The committee will stay active until all the funds including the interest collected are validated. 2 1 P a g e Packet Pg. 6 5.1.a 12. Next Meeting Date The next meeting of the Infrastructure Surtax Citizen Oversight Committee will be on June 29, 2023, at 8:30 AM in the BCC Boardroom at 3299 Tamiami Trl E, Naples FL 34112 on the third floor. 13. Adjournment Mr. Lepore made a motion for this meeting to be adjourned and was accepted unanimously. The meeting was adjourned at 9:00 AM with nothing further to discuss. Collier County Infrastructure Surtax Citizen Oversight Committee Scott Lepore — Chairman The foregoing Minutes were approved by Committee Chair on June 29, 2023, "as submitted" [ ] or "as amended" [ ] 3 1 P a g e Packet Pg. 7 06/29/2023 7.1 EXECUTIVE SUMMARY For the Infrastructure Surtax Advisory Committee to review the Board of County Commissioners approved Workforce Housing Land Acquisition Policy for Local Government Infrastructure One -Cent Sales Surtax. OBJECTIVE: To provide housing that is affordable in Collier County and to further the goals set forth in the Housing Element of the Growth Management Plan by adopting a policy to guide future workforce housing land acquisitions using the Collier County Infrastructure One -Cent Surtax CONSIDERATIONS: On November 6, 2018, the voters of Collier County approved a one percent (1%) local government infrastructure surtax upon all taxable transactions occurring within the County. Twenty million dollars ($20,000,000) of this surtax is earmarked to be used for land acquisition in accordance with Section 212.055(2), Florida Statutes. On March 28, 2023 (Agenda Item I LF), the Board of County Commissioners (Board) unanimously adopted the Workforce Housing Land Acquisition Policy for the Local Government Infrastructure One -Cent Sales Surtax. Growth Management Community Development leadership staff presented the Policy to the Board for approval. On March 7, 2023, Affordable Housing Advisory Committee (AHAC) has reviewed the policy. The full AHAC supported this approach and recommended including development team and project financing criteria within the policy to ensure that property is not only acquired but is developed in the most expedient, efficient, and cost- effective manner. These suggestions have been incorporated into the recommended policy. Future property acquisitions will be brought to the Infrastructure Surtax Citizen Committee for validation and to the BCC for approval in compliance with the Policy. Affordable Housing and Real Property staff working with Procurement staff will be issuing the solicitation for properties that meet the criteria. FISCAL IMPACT: This item has no fiscal impact. Funding for the Workforce Housing Land Trust in the amount of $20,000,000 resides under Community Priorities, Workforce Housing Land Trust Fund Project No. 50267. GROWTH MANAGEMENT IMPACT: The acquisition of property for affordable housing development furthers the Goals, Objectives, and Policies of the Growth Management Plan and specifically the Housing Element. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office. Irrespective of any policy, the Board may utilize funds generated by the infrastructure sales tax to purchase land for affordable housing provided that it complies with the minimum statutory requirements: Florida Statutes Sec. 212.055 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. (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 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. Packet Pg. 8 06/29/2023 7.1 Note that the Board may waive, in whole or in part, any portion of this proposed policy when reviewing a proposed acquisition of land for affordable housing. With that noted, this item is approved as to form and legality, and requires simple majority vote. - CMG RECOMMENDATION: For the Infrastructure Surtax Committee to review the Board adopted Workforce Housing Policy for the Local Government Infrastructure One -Cent Sales Surtax. Prepared by: Cormac Giblin, Interim Director, Economic Development and Housing Division ATTACHMENT(S) 1. AH Policy (PDF) Packet Pg. 9 7.1 06/29/2023 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 7.1 Doc ID: 25940 Item Summary: For the Infrastructure Surtax Advisory Committee to review the Board of County Commissioners approved Workforce Housing Land Acquisition Policy for Local Government Infrastructure One -Cent Sales Surta Meeting Date: 06/29/2023 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 06/22/2023 3:50 PM Submitted by: Title: — Facilities Management Name: John McCormick 06/22/2023 3:50 PM Approved By: Review: Facilities Management Bendisa Marku Manager - Real Property Facilities Management Bendisa Marku Director - Facilities Facilities Management Bendisa Marku Review Item CMO Geoffrey Willig Review Item Infrastructure Surtax Citizen Oversight Committee John McCormick Skipped 06/22/2023 3:54 PM Skipped 06/22/2023 3:55 PM Skipped 06/22/2023 3:55 PM Completed 06/22/2023 3:56 PM Meeting Pending 06/29/2023 8:30 AM Packet Pg. 10 7.1.a DRAFT WORKFORCE HOUSING LAND ACQUISITION POLICY SURTAX FUNDING EVALUATION CRITERIA For the development of a shortlist, this evaluation criterion will be utilized by a COUNTY Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points (point allocations subject to change) 1. Cover Letter / Management Summary 0 Points 2. Property and Business Plan 45 Points 3. Financing & Cost of Services to the County 20 Points 4. Experience and Capacity of the Firm 15 Points 5. Specialized Expertise of Team Members 10 Points 6. Certified Minority Business Enterprise 5 Points 7. Local Vendor Preference 5 Points TOTAL POSSIBLE POINTS 100 Points Each criterion and methodology for scoring is further described below: EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (0 Total Points) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s), and email(s) of the authorized contact person(s) concerning the proposal. EVALUATION CRITERIA NO. 2: PROPERTY AND BUSINESS PLAN (45 Total Points) In this tab, including but not limited to: o a 1. Project Scope x a The proposal should provide a written description of the project, accompanied by a conceptual site plan showing proposed building(s), parking areas, and how the development will interface z with the surrounding areas. In addition, the proposed unit type (single family, multi -family, rental, or for purchase) and dwelling size (1, 2, 3, or more bedrooms) should be provided along a with any planned amenities. 2. Community Impact The proposal must describe how the proposed project fits with the adjacent parcels, meets the intent of the Board of County Commissioners expectations, as detailed in this ITN, and would generally benefit the community, surrounding areas, and the County as a whole. Include as many conceptual visuals as possible such as site plans, renderings, and elevations, as applicable. In addition, please provide a description of how the proposed project meets the housing affordability needs per the Collier County Community Housing Plan. Page 1 of 4 Packet Pg. 11 7.1.a 3. Zoning The proposal must identify if the property's zoning or a specific rezoning will be required to assist in the development of the proposal. If applicable, identify if the rezoning will require a comprehensive plan amendment or other special zoning relief. Be as specific as possible and provide documentation as needed to substantiate the request. Identify the timing of zoning and if the property should be zoned prior to the project. d Timalina The proposal must clearly identify approximate milestones that will be included in the land acquisition and development agreement such as the due diligence period, zoning process, if required, site development, building permits, construction, and through to the Certificate of Occupancy. 5. Site -Specific Criteria N Upon approval of moving forward with this ITN the Board of County Commissioners agreed the following criteria should be mandated in the development of the property. In preparation a of this proposal, it is important the following criteria are included for consideration: • Quantify desired density. The BCC is seeking proposals that will provide a moderate to high M density of units. • Identify all dwelling types and if more than one type is proposed provide unit type ratios. • Define project set -asides of more than 10% for seniors, veterans, and/or special needs = populations. L • Define the targeted income mix proposed and how it correlates with the Community ,0 Housing Plan. c • A preference that 100% of the units built be affordable and not at market rate (subject to change based on Board approval). • Target greatest units and income needs (currently rental housing at the lower income levels). N • Cost of Property: Must not exceed the appraised value. T • Disaster Evacuation Zone: Greater Consideration if NOT in Zone A, lesser consideration if in Zone A. a° • Utilities: Greater Consideration if utilities are available, lesser consideration if not available. _ a • Wetlands: Must be less than 20% wetlands, with greater consideration for lower percentages. E • Environmental: Must pass Phase I Standards, with greater consideration if passes Phase II standards as well. a • Transportation: Greater Consideration if on an Arterial Road, lesser consideration on a Collector Road. • Shovel Ready: Greater consideration for fully zoned properties. • Density: Greater consideration for higher densities, lesser consideration for lower densities. • Proximity/Locational: Greater consideration closer to schools, Transit Stops, and Activity Centers. • Topography: Greater consideration for flood zones (AH and X). Lower consideration will be given to AE Zone properties (an area inundated by 1 % annual chance flooding with velocity hazard (wave action) for which the Base Flood Elevation (BFE) has been Page 2 of 4 Packet Pg. 12 7.1.a determined) and properties in a VE Zone (where wave heights are expected to be 3 feet or more for which the BFE has been determined) will be eliminated from any consideration. 6. Any Additional Information Include other relevant information about the project that has not been addressed in the previous questions that the proposer would like the present to the Board in support of the proposal. The intent of this phase of the screening process is to identify a project that a majority of the Board can support moving forward to a detailed purchase and development agreement. Should your proposal be selected, the purchase and development agreement will incorporate specific milestones in the development process. The Board's acceptance of a proposal shall not constitute approval of future zoning if needed for the project to be developed. EVALUATION CRITERIA NO. 3: FINANCING & COST OF SERVICES TO THE COUNTY (20 Total Points) In this tab, including but not limited to: 1. Financinfz The proposal must provide a general financing plan. The proposal must identify if the project will be a straight purchase (if so, what is the purchase price?), partial purchase, require financing (if so, is the expectation that the County defer the purchase price until the completion of construction and/or contribute to the financing package?), or any other potential financing configuration needed for the project. In addition, the Financing information provided should include at the minimum the following: • Per unit construction costs • Proformas for rental and proposed rates (if applicable) • Per unit market costs and sales price (if applicable) • Detailed soft funding incentives required from the County • Proposed funding sources with contingencies • Address any potential Land Trust contribution (if applicable) • Detailed affordability restrictions The proposer should submit a financing plan that demonstrates the proposer's financial ability to successfully purchase and complete the development of the parcel. Limited pro -forma would be acceptable based on the conceptual plan submitted for review. 2. Total Project Value Include an approximate construction value and ending taxable value. Please state if your entity holds tax-exempt status or if the project is eligible for tax exemption. Also, include a detailed description of how the project is committed long-term to address housing affordability in Collier County. EVALUATION CRITERIA NO. 4: EXPERIENCE AND CAPACITY OF THE TEAM (15 Total Points) In this tab, including but not limited to: Page 3 of 4 0 IL x a c as E a Packet Pg. 13 7.1.a Provide information that documents your firm's qualifications to produce the required deliverables, including abilities, capacity, skill, financial strength, and the number of years of experience in providing the required services. Describe the various team members' successful experience in working with one another on previous projects. Teams including a not -for -profit partner will be given greater consideration. The County requires that the vendor submits no fewer than five (5) completed reference forms from clients from the past ten (10) years whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the vendor that best represent projects of similar size, scope, and complexity of this project using the Reference Form provided. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 5: SPECIALIZED EXPERTISE OF TEAM MEMBERS (10 Total Points) The proposal must include a description of the firm/team, including locations of offices, the person responsible for contracting services, and the location of the contracting authority. Include a list of the qualified professional team members and qualifications of associates proposed to perform and/or assist with the work to oversee the project. Identify the names and provide resumes of proposed management members that will supervise the project, including an organizational flow chart, if available, showing the working relationship of the management structure. The proposal shall submit a portfolio of projects of similar size and scope completed and or managed by the firm or team. EVALUATION CRITERIA NO.6: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. EVALUATION CRITERIA NO.7: LOCAL VENDOR PREFERENCE (5 Total Points) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. The Board may waive, in whole or in part, any portion of this policy when reviewing a proposed acquisition of land for affordable housing Page 4 of 4 0 a x a c as E a Packet Pg. 14 7.2 06/29/2023 EXECUTIVE SUMMARY To validate the expenditures of $7,965,000 for the design and construction of the Career and Technical Training Center at 4110 Golden Gate Parkway; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018-21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. (Project No. 50287) OBJECTIVE: To validate the proposed expenditures of $7,965,000 to design and construct the Career and Technical Training Center (CTTC). CONSIDERATIONS: The development of the Career Technical Training Center is a partnership between Collier County and Collier County Public Schools and includes the complete renovation an existing 13,000 sq. ft building recently acquired by the county at 4110 Golden Gate Pkwy. The CTTC will be used by CCPS to fulfill the need in Collier County to expand its technical, biomedical, and manufacturing training programs within the county. Currently, CCPS is leasing a building to house their manufacturing program located on Golden Gate Parkway. The estimated project budget for the development of the Career and Technical Training Center is $7,965,000. The agencies will work together on the design and construction of this community priority project and the County will lease the facility to CCPS for them to operate a training facility for the citizens of Collier County moving forward. The County and School District have negotiated and are finalizing a lease agreement encapsulating this partnership for approval of our respective Boards. Surtax collections started on January 1, 2019. Projects outlined in Ordinance No. 2018-21, as amended, are eligible to receive funding from the Surtax so long as the expenditure occurred after January 1, 2019, the project meets the requirements of Section 212.055, Fla. Stat., conforms to the definition of Infrastructure, and is consistent with Ordinance No. 2018-21, as amended. There were 3 main categories of projects identified in the Ordinance: Transportation Projects, Facilities & Capital Replacements, and Community Priorities. The Career and Technical Training Center is proposed within the Community Priorities category under the sub- group Career and Technical Training Facilities. The Career and Technical Training Center 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 five (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." Exhibit A identified $15,000,000 for a Career and Technical Training Center. FISCAL IMPACT: Funding in the amount of $7,965,000 is available in the Infrastructure Sales Tax Fund (3018). 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 Packet Pg. 15 06/29/2023 7.2 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 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: Brian Mondgock, PMP, Project Manager, Facilities Management. ATTACHMENT(S) 1. ISCOC Project Checklist Career and Tech Training Center (PDF) 2. Career and Technical Training Center Presentation (PDF) Packet Pg. 16 7.2 06/29/2023 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 7.2 Doc ID: 25917 Item Summary: To validate the expenditures of $7,965,000 for the design and construction of the Career and Technical Training Center at 4110 Golden Gate Parkway; to ensure that this project meets the requirements of F.S. 212.055, conforms to the definition of Infrastructure, and is an eligible project in line with County Ordinance 2018- 21 and the ballot language within; to make a finding that the project expenditures are a valid use of Infrastructure Sales Surtax Funding. (Project No. 50287) Meeting Date: 06/29/2023 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 06/21/2023 2:06 PM Submitted by: Title: — Facilities Management Name: John McCormick 06/21/2023 2:06 PM Approved By: Review: Facilities Management John McCormick Director - Facilities Facilities Management Tony Barone Additional Reviewer Facilities Management Jennifer Belpedio Manager - Real Property Community & Human Services Maggie Lopez Additional Reviewer County Attorney's Office Colleen Greene Infrastructure Surtax Citizen Oversight Committee CMO Geoffrey Willig Additional Reviewer John McCormick Review Item Completed 06/21/2023 2:17 PM Completed 06/21/2023 3:23 PM Completed 06/21/2023 4:41 PM Completed 06/22/2023 8:00 AM Completed 06/22/2023 9:35 AM Meeting Pending 06/29/2023 8:30 AM Completed 06/22/2023 3:11 PM Packet Pg. 17 7.2.a Career and Technical Training Center 50287 Project Project # Infrastructure Surtax Citizens Oversite Committee Project Checklist pr Project(s) in line with F.S. 212.055 Expenditure related to infrastructure as follows: 0 Construction Improvement of public facilities Land acquisition Land improvement Design Engineering costs Professional & related costs to bring facility into service (CEI, Material Testing, Specialty Consultants) ❑ EMS vehicles associated with 3 new substations ❑ Court -related expenditures for the construction, lease or maintenance of the Court -related facilities including utilities and security infrastructure 6e Life expectancy of at least 5 years ❑ Land Acquisition expenditure for Residential housing project where at least 30% of units are affordable to individuals whose total annual household income does not exceed 120% of area median income. ❑ Project(s) in line with County Ordinance 2018-21 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 Career and Technical Training Center project meets the necessary requirements and is eligible to use Surtax Funding, ,2023 Chairman Exhibit A Reference Category: Community Priorities Sub -Category: Career and Technical Training Center Funding Requested:7,965,000.00 Packet Pg. 18 6uiuieal leOiuy30l pue .aaaaeO : L �6SZ) U01MUOSOM .104UGO 6uiuieal leOiuyDal pue aaaaeO :4uGwLl3e44y c O .V) 0 O CL a u x a i N W�j O �U n A N ti Guiuieal 1e31uy3al pue aaaaeO : LL65Z) uoi}e}uasaad aa;u83 6uiuieJl le3luyOal pue JoeJeo :;ugwt43e;;d } O F V O U O O O c O > N N O O D O OU O E O X 0 C) 3 � � 3 U O Q) 0 a) F O U - O Q) O O c N� N O x C 0 c } o � �� a�� Q� Q) D N .i c Q) 4- O 3 N O > -Q U o U CD 00 o }� Sri Q oU O o •� 0 O N NO X 3 N N Q � N O �� X - c — O N O O U E o O " O E O o O `� o •N A) cF-UQ o0 o U vi Q) V) o o _ .p cn N 'O Q) > � O o •� � N � O 0 0 0 0 A N ti Guiuieal 1e31uy3al pue aaaaeO : LL65Z) uoi}e}uasaad aa;u83 6uiuieJl le3luyOal pue JoeJeo :;ugwt43e;;d � N � � N � � O D O N O � N N � U � v .� � Q � U � U -C c O vc/) D O N O O N � o C� U > Ln U V) o O E U O L Ln O Q L 0 < 0 Guiuie 11e3iuy301 pue aaaaeO : LL65Z) uoi}e}uasaad JGIUOO 6uiuieJl IMULIOal pue Jeeaeo :;ugwt43e;;d N N a N N011- y 0 w 39th St SW [7 CollierBhd u a ° C ' �.0 Q. c� E 1)> ?+t Q U �� 7�@lam �// © x ` m N Q d m C O C a3En3:oIcu 7S--. 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N 0 Q) 0 A N ti Guiuieal 1e3iuy3al pue aaaaeO : LL65Z) uoi}e}uasaad aa;u83 6uiuieJl le3luyOal pue JoeJeo :;ugwt43e;;dmflll'4� �m c -1 9.A 06/29/2023 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.A Doe ID: 25341 Item Summary: Committee Support Documents: Section 212.054 Florida Statutes & Collier County Ordinance 2018-21 Meeting Date: 06/29/2023 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 04/20/2023 2:52 PM Submitted by: Title: — Facilities Management Name: John McCormick 04/20/2023 2:52 PM Approved By: Review: Facilities Management John McCormick Director - Facilities Facilities Management Jennifer Belpedio Manager - Real Property Community & Human Services Maggie Lopez Additional Reviewer CMO Geoffrey Willig Review Item Infrastructure Surtax Citizen Oversight Committee John McCormick Completed 04/20/2023 3:21 PM Completed 04/24/2023 8:50 AM Completed 04/29/2023 11:55 AM Completed 05/10/2023 8:48 AM Meeting Pending 06/29/2023 8:30 AM Packet Pg. 40 9.A.a 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 E percent or 1 percent. The levy of the surtax shall be pursuant to ordinance enacted by a majority c 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 a representing a majority of the county's population adopt uniform resolutions establishing the rate 3 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 r the referendum on the surtax. E 2. If the surtax was levied pursuant to a referendum held before July 1, 1993, the surtax may c not be levied beyond the time established in the ordinance, or, if the ordinance did not limit the v period of the levy, the surtax may not be levied for more than 15 years. The levy of such surtax M may be extended only by approval of a majority of the electors of the county voting in a N referendum on the surtax. (b) A statement which includes a brief general description of the projects to be funded by the W 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 X 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 Cn following question shall be placed on the ballot: FOR the -cent sales tax ; L AGAINST the -cent sales tax (c) Pursuant to s. 212.054(4), the proceeds of the surtax levied under this subsection shall be L c 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. 41 9.A.a 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 N 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 E interest for long-term maintenance costs associated with landfill closure. Counties, as defined in c 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 a 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, E reconstruction, or improvement of public facilities that have a life expectancy of 5 or more years, E 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), N 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 W buildings, and animal shelters, regardless of whether the facilities are owned by the local taxing M authority or another governmental entity. x 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 in 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 3 security for, facilities, as defined in s. 29.008. N d. Any fixed capital expenditure or fixed capital outlay associated with the improvement of 2 private facilities that have a life expectancy of 5 or more years and that the owner agrees to make c 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 E 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. Q 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. 42 9.A.a 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. 43 9.A.a 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. 44 9.A.b 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. 45 9.A.b 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. 46 9.A.b 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. 47 9.A.b 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. 48 9.A.b 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. 49 9.A.b (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. 50 9.A.b (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. 51 9.A.b PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of .r , 2018. ATTEST: DWIGHT E. BROCK, Clerk By: 1 v ✓"" Deputy Attest as to Chairman s signature only. and legality: Jeffrey Al FJ*kow, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER,QCfUNTY, FLOI 12 Andy Solis, Chairman This ordinance filed with the Secretary of St'te,s Office � = day of _ and acknowledgement of that filing eceived this day of Page 8 of 8 N r a� E 0 c 0 E E 0 U M LO N r N CO O N 0 V C R C i 0 r C d E t U R r Q Packet Pg. 52 on., 4 J x L1J (s;uawnooa;aoddng oell!wwoo : Lb£SZ) LZ-860Z eoueuipio :;uowyoe;;y 0 0 0 0 0 0 0 0 o Q o 0 o O o o Q o 0 0 0 r' � M ti ti� t0 O O� M O t0 to M O B tf) O O tt1 0� N ig tF} to t0 r M M et M M T 60) T M N N T to tR EA ti} P 44 w to N M to w to to M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N to O T et N N N Io to eR IR t/� ui to eg r Vi M 4* 0 p 0 0 0 0 0 O p O O N OW IO- W dM N N M W to tR uy to w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m O 0 N 0 0 0 0 0 0 to m O M N T r {!} CO T M W to W N /o r V N N N T to tg fi! IA tFi 4`l r, to to tll tl? �. to w tR 1f? 0 :a 0 a rn c ra F- V ce c 0 T � T w � A = o> t'J J � U CL � R � �+ d 'a c a o0 09 N �r c d ^ T T (i �1 .« LL � 0 .a 0 = d _ L d a u sa � v U. a W V R a, 0 cr N W d sr 3 lli = o 'm w �+ w _C c H a a 0 c E v m M ism R> c c = to u A o 0 = 0 H 6 R 3 0 0 '0 c �+ ,c R H= 0; E V ,N O .i d 0 0 -a d c d �+ d H i 0 m Q1 H W y +0' O y 0N C C °L 0 d d Y m °u 4) i R 3 7 i = =m3 -c0yvs �N £�, •y L O H > N 3 O m I-Z LL ti m G= a= W V t�C V> Q 3 2 9.A.b St 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. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fLus Packet Pg. 54 4-J x W (s;uownood;aoddng oo;;!wwoo : �ti£5Z) `d;!q!ux3 :;uouayoe;;y Q O O O O O O O O Q O 0 0 O 0� ti N 44 U} #A 4a w M m to M rs to % vt w� vt Q O O O O O O O O p 0 0 0 O p 0 0 0 0 0 O p O O fD 00 t0 t. M f, M O M W ift 4& 6v+ to % p 0 0 0 0 0 0 0 0 p 0 0 0 O O O r C4 4 P 40 00 O N m C 0 N N i09 s m T s m O "a m L .O o V �Ul C: c w c T W SA '> a O d C ccd;ac F">d.ma' o 0 0 0 0 Q 0 Lo t0 O N O O in r /A Of T M N N 2 2 g 2 m 2 2 O O p 0 0 0 0 N! �„ to d► fR w W 2 2 2 2 2 2 2 O O p 0 0 0 0 w O r il► N r+ C d T T u +� - a m O = C L r 'a d u Q d R A=1 R '� t�U. W u = w W d = 3 ++ lC a1 = .0 m :+ r d= d 0' R H c mR c u 0.V y` R M d C d ,at _C d 3 OV �(A O_ d C= r Cd m O y W N +0' O y CI N~ c C m 0 c O° 3= v �' vs n m g m a Y N £ m Z o d F- Z 0 m G= 0 Z W v tJ 9 '_ d 2 U. 6 a aD tU R a 9.B 06/29/2023 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.13 Doc ID: 25841 Item Summary: Financial Report Meeting Date: 06/29/2023 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 06/13/2023 9:27 AM Submitted by: Title: — Facilities Management Name: John McCormick 06/13/2023 9:27 AM Approved By: Review: Facilities Management John McCormick Director - Facilities Facilities Management Jennifer Belpedio Manager - Real Property Community & Human Services Maggie Lopez Additional Reviewer County Attorney's Office Colleen Greene Additional Reviewer CMO Colleen Greene Review Item Infrastructure Surtax Citizen Oversight Committee John McCormick Completed 06/13/2023 9:40 AM Completed 06/13/2023 12:10 PM Completed 06/13/2023 1:14 PM Completed 06/14/2023 9:15 AM Completed 06/15/2023 11:56 AM Meeting Pending 06/29/2023 8:30 AM Packet Pg. 56 9.B.a One Penny Infrastructure Sales Tax - Status of Projects in Exhibit A As of May 31, 2023 Project Number Description Transportation: 60168 Vanderbilt Bch Rd Ext. - 951 to 8th/16th 60201 Pine Ridge Rd, Livingston 66066 Bridge Replacement (11) ** 60147 Randall Intersection (was Proj 60065) 60190 Airport Rd. - Vanderbilt to Immok 60215 Triangle Blvd 60212 New Bridges (6 of 11) Golden Gate Estates ** 60228 Sidewalks Subtotal - Transportation ExhibitA - Sales Committee Balance to be Tax Allocation & Validated / validated by Encumbered/ Reallocations** Project Total * Committee Expended to Date $ 74,000,000 $ 74,000,000 $ $ 74,000,000 $ 23,000,000 $ 23,000,000 $ $ 4,994,492 $ 33,000,000 $ 33,000,000 $ $ 30,704,511 $ 7,000,000 $ 7,000,000 $ $ 2,074,411 $ 4,000,000 $ 4,000,000 $ $ - $ 6,000,000 $ 6,000,000 $ $ 3,004,283 $ 34,000,000 $ 34,000,000 $ $ 1,440,430 $ 10,000,000 $ 10,000,000 $ $ 1,170,307 $ 191,000,000 $ 191,000,000 $ $ 117,388,434 Facilities & Capital Replacements 70167 Forensic/Evidence Bldg. $ 33,000,000 $ 33,000,000 $ $ 3,789,302 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 $ $ 1,040,914 HVAC, Roofing, & Cap Equip Replace at Sheriff's & Co $ 39,000,000 $ 43,906.04 50163 Naples Lib HVAC-completed $ 1,712,314 * $ 1,712,314 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 -completed $ 1,632,790 * $ 1,632,790 50184 Jail Generator- Phase 1 & 2 & Bldg H Generator $ 3,150,000 $ 850,227 50185Jail Laundry Replacement & Safety Upgrades linclsurplustax&interestfunding $ 2,289,287 $ 2,209,287 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 $ 468,816 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 $ 4,074,641 50221 Reliable Building Automation Upgrade $ 4,000,000 $ 3,942,995 50237 Jail Fire Alarm Replacement $ 1,867,480 $ 1,743,407 53007 Jail Kitchen Renovation -completed $ 1,829,133 * $ 1,829,133 Hurricane Resilience $ 15,000,000 $ 7,947,021 50390 ESC Enclose Bay $ 2,402,979 $ 2,200,300 50391 PUD Generators $ 4,650,000 $ 4,619,590 50393 Generators - N Collier Pk & Imm Sports Complex $ - $ - EMS Substations (3) $ 6,000,000 $ 55211 Heritage Bay EMS station $ 2,222,200 $ - 55212 Golden Gate Estates (inclsurplus tax/interest) $ 4,890,681 $ 837,754 55213 Old US 41 EMS Station $ 1,277,800 $ 278,387 Subtotal - Fac & Cap Replacements $ 139,000,000 $ 134,686,487 $ 7,990,927 $ 77,190,261 Community Priorities Career and Tech Training Ctr $ 15,000,000 $ - $ 15,000,000 $ - 50112 VA Nursing Home $ 30,000,000 $ 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 $ - $ 2,705,367 Subtotal - Comm Priorities $ 90,000,000 $ 55,000,000 $ 35,000,000 $ 32,705,367 Grand Total - Expenditures $ 420,000,000 $ 380,686,487 $ 42,990,927 $ 227,284,063 *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. 57 9.B.a One Penny Infrastructure Sales Tax - Status of Projects in Exhibit A As of May 31, 2023 Local Option Infrastructure Sales Tax - State's Monthly Distribution to County $12.0 $10.0 $8.0 o �- $6.0 $4.0 $2.0 Jan Feb March April May June July Aug f2023 -d"-2022 t2021 f2020 -0--2019 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 January 1, 2020 - December 31, 2020 Year 3 (2021) 101,291,989.73 636,181.81 January1, 2021 - December 31, 2021 Year 4 (2022) 120,775,364.05 2,395,758.86 January 1, 2022 - December 31, 2022 Year 5 (2023) 61,171,499.61 2,391,686.73 January 1, 2023 - May 31, 2023 432,042,050.48 6,898,884.31 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) 6,676,462.45 January 1, 2022 - December 31, 2022 Year 5 (2023) 3,165,251.99 January 1, 2023 - May 31, 2023 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 January1, 2021 - December 31, 2021 Year 4 (2022) 5,581,347.22 January 1, 2022 - December 31, 2022 Year 5 (2023) 2,653,822.71 January 1, 2023 - May 31, 2023 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 January1, 2021 - December 31, 2021 Year 4 (2022) 134,277.22 January 1, 2022 - December 31, 2022 Year 5 (2023) 59,886.73 January 1, 2023 - May 31, 2023 Total Infrastructure Surtax Collected 477,034,538.75 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. 58 9.B.a One Penny Infrastructure Sales Tax - Status of Projects in Exhibit A As of May 31, 2023 Revenue*** - Surplus Funding (Surtax & Interest) Actual Collections: Year 1(2019) - 10 months of collections Year 2 (2020) Year 3 (2021) Year 4 (2022) Year 5 (2023), thru May 31, 2023 Subtotal -Actual Collections Estimated Collections: Year 5 (2023) Year 6 (2024) Year 7 (2025 - end) Subtotal - Estimated Collections Total Esti and Actual Infrastructure Sales Tax Collections Less $420 million (Exhibit A total) Total Esti Surplus Funding Total Estimated Surtax Interest Surplus Funding $ 67,102,467 $ 417,880 $ 81,700,730 $ 1,057,377 $ 101,291,990 $ 636,182 $ 120,775,364 $ 2,395,759 $ 61,171,500 $ 2,391,687 $ 432,042,050 $ 6,898,884 $ 42,049,700 $ 2,627,100 $ 17,203,500 $ 3,279,600 $ - $ 5,124,400 $ 59,253,200 $ 11,031,100 $ 491,295,250 $ (420,000,000) $ 71,295,250 $ 17,929,984 $ 89,225,235 The Committee validated the following projects from estimated surplus funding: 9/7/2022 55212 Golden Gate Estates (indsurplus tax/interest) 9/7/2022 50185Jail Laundry Replacement & Safety Upgrades(inci surplus tax& interest funding) 1/12/2023 50237 Jail Fire Alarm Replacement(incl surplus tax& interest funding) Amount allocated to Proi from Surplus $ 2,390,681.18 $ 719,252.40 $ 567,480.00 Total Amount Allocated to Projects from Surplus Funding (Tax & Interest) $ 3,677,413.58 Total Estimated Unallocated Surplus Funding $ 85,547,821 *** The above Revenue 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. Packet Pg. 59 9.0 06/29/2023 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.0 Doc ID: 25843 Item Summary: Validated Project Updates - 2nd Quarter 2023 Meeting Date: 06/29/2023 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 06/14/2023 4:37 PM Submitted by: Title: — Facilities Management Name: John McCormick 06/14/2023 4:37 PM Approved By: Review: Facilities Management John McCormick Director - Facilities Facilities Management Jennifer Belpedio Manager - Real Property County Attorney's Office Colleen Greene Additional Reviewer Community & Human Services Maggie Lopez Additional Reviewer Infrastructure Surtax Citizen Oversight Committee John McCormick CMO Geoffrey Willig Review Item Completed 06/14/2023 4:42 PM Completed 06/15/2023 10:50 AM Completed 06/15/2023 11:57 AM Completed 06/16/2023 7:44 AM Meeting Pending 06/29/2023 8:30 AM Completed 06/22/2023 3:05 PM Packet Pg. 60 ;aafoad palep!leA : £ti85Z) £ZOZ aunt a;epdn Alaa;sent) xe;anS - 6ulaaaul6u3 uol;e;aodsue.al :;uawLj3e;;v R U ai 0 .V) Lf) 4--j C c �' Uz v 0 N �, • o w a Q U O C � 0 cc L � �' u L- m� 0 C V) m Id palep!IeA - 6u!aaeu!6u3 uo!;e}aodsueal :;uawt4oe: o in +� 00 E c >' U 4- U a1 O C� C 0 Q p C UA 4 Q Q - 3 L 0 Q p Ov C C) a1 OJ L - Ov N O -0 4-; O aJ Q LU a1 a--+ O Q co E L > ro O co i Q — N L bz Q a) C E aC+ 1 O C i co bz O }, C co — C CO - C M -0 > E ca N O -0 7 v X a) >, L L C \ -0 C O �! cn co aj U O c/1 N E Q C U U d ro L L W L UA U U 4- ,v C Q C }; av N `� > 4- a) a, X C �o O m N U aL., V)O (6 L U , O O Q C C a) > j y 0 ate-+ co (�) l/ I a! 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M N O N E O a� O 27) .Ln N Q • rq � OJT O N1 N cn Ln , -0 m m o O V 4-1 L Ln V1 � � � O U U 0 0 31aed leuOIBGN puelsl m8J3s3lao3 618 : 0885Z) £ZOZ aunt uol;e;uasaad a;epdn o8 dulog :;u8uay3eUv L D 4-1 U. � i f[3 M Ln Ln f6 Q) J V N � U Ln i O V m � 4- 0 Q1 � .R3 > f6 V) V v � v T 1� h. 9.E 06/29/2023 EXECUTIVE SUMMARY Recommendation to accept a project update on the State Veterans' Nursing Home (Project No. 50112), approved by the Surtax Committee on January 12, 2023. OBJECTIVE: To provide the Surtax Committee with an update on the State Veterans' Nursing Home status and activities. CONSIDERATION: The Surtax Committee validated this project on January 12, 2023. On March 14, 2023, the Board approved and authorized a MOA and Escrow Agreement from the Florida Department of Veterans' Affairs (FDVA) for the County to appropriate $30 million for the "State Veterans' Nursing Home" project using Infrastructure Sales Surtax Funding. A BCC workshop was held on May 25, 2023, with representatives from the Florida Department of Veteran's Affairs and U.S. Department of Veterans Affairs, as well as other state organizations representatives. On June 13, 2023, the Board approved the allocation of $10 million from Infrastructure Sales Surtax Funds for the construction of additional square footage not funded by the United States Department of Veterans Affairs (VA) Construction Grant Program for adult day health care and outpatient therapy services for the proposed State veterans' nursing home project. FISCAL IMPACT: The Veterans' Nursing Home is a Community Priority project funded by Infrastructure Surtax dollars. In accordance with Exhibit A of Ordinance 2018-21, the project has a program budget of $30 million dollars. The project was validated by the Infrastructure Surtax Citizen Oversight Committee on January 12, 2023. The Boards' action on June 13, 2023, allocated an additional Surtax of $10 million for the project. 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 Packet Pg. 84 06/29/2023 9.E 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(131 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: Ed Finn, Deputy County Manager ATTACHMENT(S) 1. Conceptual 128-Bed Site Plan (PDF) 2. Conceptual Layout 2-24-22 (PDF) 3. Conceptual Rendering - Port St. Lucie Florida (PDF) 4. Approved Project Checklist (PDF) Packet Pg. 85 9.E 06/29/2023 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 9.E Doc ID: 25919 Item Summary: Recommendation to accept a project update on the State Veterans' Nursing Home (Project No. 50112), approved by the Surtax Committee on January 12, 2023. Meeting Date: 06/29/2023 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 06/21/2023 10:49 AM Submitted by: Title: — Facilities Management Name: John McCormick 06/21/2023 10:49 AM Approved By: Review: Facilities Management Jennifer Belpedio Manager - Real Property Facilities Management John McCormick Director - Facilities Community & Human Services Maggie Lopez Additional Reviewer County Attorney's Office Colleen Greene Additional Reviewer Infrastructure Surtax Citizen Oversight Committee John McCormick CMO Geoffrey Willig Review Item Completed 06/21/2023 2:21 PM Completed 06/21/2023 3:35 PM Completed 06/22/2023 8:01 AM Completed 06/22/2023 9:36 AM Meeting Pending 06/29/2023 8:30 AM Completed 06/22/2023 3:12 PM Packet Pg. 86 �n O 4F u LU ci (a;epdn OwOH 6uisanN sue.'e4eA WIS : M96 ZZ-VZ-Z ;noAe-1 jen;daauoo :;uewLjoe;;d _ ;a44� y u� v' 0 g a f hrj ♦ � _ - _ EN NS �d H1�2 r� 14 Ne#.- 00 00 a Y U m A/AHLd 11 '0 M30 bb - z V 1 0 �J J iw �gv e PsG� F . .. „1 N.T •� Iry i min w i; ew r � �c w H I (a;epdn OwOH 6u!smN sueaa;an WIS : 6L65Z) ep!ao!=l a!an-1 •IS;aod - 6u!aapuem !en;daauoo :;uowt4: LH r� • 41 1 L11642 F 'o 9.E.e State Veterans Nursing Home 50112 Project Project # Infrastructure Surtax Citizens Oversite Committee Proiect Checklist 0 Project(s) in line with F.S. 212.055 Expenditure related to infrastructure as follows: 46 Construction ❑ Improvement of public facilities ❑ Land acquisition ❑ Land improvement Design Engineering costs Professional & related costs to bring facility into service (CEI, Material Testing, Specialty Consultants) ❑ EMS vehicles associated with 3 new substations ❑ Court -related expenditures for the construction, lease or maintenance of the Court -related facilities including utilities and security infrastructure 0 Life expectancy of at least 5 years ❑ Land Acquisition expenditure for Residential housing project whereat least 30% of units are affordable to individuals whose total annual household income does not exceed 120% of area median income. Project(s) in line with County Ordinance 2018-21 0 Project(s) identified in Exhibit A within County Ordinance 2018-21 46 Project(s) in line with Ballot Language within County Ordinance 2018-21 The Infrustructure Surtax Citizens Oversight Committee (ISCOC) validated that the VA Nursing Home project meets the necessary requi ents and is eligible to use Surtax Funding on January 12, 2023. Chairman Category: Community Priorities Sub -Category: VA Nursing Home Funding Requested: $30 Million Packet Pg. 90 12.A 06/29/2023 COLLIER COUNTY Collier County Infrastructure Surtax Citizen Oversight Committee Item Number: 12.A Doc ID: 25935 Item Summary: Next Meeting Date September 19, 2023 Meeting Date: 06/29/2023 Prepared by: Title: Operations Analyst, Senior — Facilities Management Name: Bendisa Marku 06/22/2023 8:13 AM Submitted by: Title: — Facilities Management Name: John McCormick 06/22/2023 8:13 AM Approved By: Review: Facilities Management John McCormick Director - Facilities Facilities Management Bendisa Marku Manager - Real Property Community & Human Services Maggie Lopez Additional Reviewer County Attorney's Office Colleen Greene Additional Reviewer Infrastructure Surtax Citizen Oversight Committee John McCormick CMO Geoffrey Willig Review Item Completed 06/22/2023 8:53 AM Skipped 06/22/2023 9:29 AM Completed 06/22/2023 9:31 AM Completed 06/22/2023 9:45 AM Meeting Pending 06/29/2023 8:30 AM Completed 06/22/2023 3:12 PM Packet Pg. 91