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HomeMy WebLinkAboutAgenda Packet 07.18.2023SUSTAINABILITY DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, July 18, 2023 9:00 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS District No. 3, Chair LINDA BARTZ District No. 4, Vice-Chair JAMIE FOWLER District No. 1 CHRIS DZADOVSKY District No. 2 LARRY LEET District No. 5 CATHY TOWNSEND Mission Statement St. Lucie Works to deliver superior service that enhances our quality of life *Final on 7/13 Page 1 of 35 Regular Meeting Tuesday, July 18, 2023 9:00 AM 2 | P a g e WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES – Attached is the agenda, which will determine the order of business conducted at today’s Board meeting. INVOCATION-PLEDGE – To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA – These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA – Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS – These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9 a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chair will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION – Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS – These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT – Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three minutes. Comments may pertain to any matter related to the Board’s duties as the County’s governing body. Comments in support or opposition to candidates for public office are not pertinent to the Board’s duties. This includes any speaker identifying himself or herself as a candidate for public office. DECORUM – Please be respectful of others’ opinions. MEETINGS – All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least 48 hours prior to the meeting. Page 2 of 35 Regular Meeting Tuesday, July 18, 2023 9:00 AM 3 | P a g e 1.CALL TO ORDER 2.GENERAL PUBLIC COMMENT 3.CONSENT AGENDA There are no items scheduled. 4.REGULAR AGENDA A.COUNTY ATTORNEY 1.Florida Pace Funding Agency (FPFA) - Request for Board Direction Staff recommends that the Board provide direction. Due to the complexity of the issues and in the absence of Board consensus, the Board may want to consider holding a special informal meeting to further discuss the issues. Staff further recommends that the Board direct the County Attorney to draft and advertise a PACE consumer protection ordinance for Board review and consideration at a public hearing. 5.MOTION TO ADJOURN Page 3 of 35 4.A.1. 2023-61221 DATE: 7/18/2023 AGENDA REQUEST TO: Sustainability District PRESENTED BY: Daniel McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Florida Pace Funding Agency (FPFA) - Request for Board Direction BACKGROUND: The County enacted County Ordinance No. 2010-025 to create the Sustainability District ("District") and establish an Energy Financing Program which offers qualified owners of real property an opportunity to acquire Qualifying Improvements and repay the costs associated with such improvements through voluntary special assessments imposed by the District pursuant to Financing Agreements (the "Projects"). Pursuant to Resolution No. 2012-001 adopted on July 3, 2012, the District engaged the Solar and Energy Loan Fund of St. Lucie County, Inc. ("SELF") as Program Administrator for the Energy Financing Program. A copy of the July 3, 2012 Administration Agreement and the First Amendment are attached. The Administration Agreement expired in September 2022. Consumer protections above those required by State law were built into the SELF program. In that regard, St. Lucie County is a statewide leader. The District previously issued its Taxable Special Assessment Bond, Series 2014 to Inland St. Lucie PACE, LLC ("Inland"), and entered into a Special Assessment Funding Agreement (Energy and Sustainability Financing Program) dated August 19, 2014 with SELF and the Lender, to establish a $2,000,000 non-revolving line of credit (the "2014 Loan") with which to finance the costs associated with Qualifying Improvements constructed pursuant to Financing Agreements, entered into between the District and qualifying property owners. The Energy Financing Program, as funded by the 2014 Loan, has successfully financed numerous Qualifying Improvements and the principal amount of the non-revolving 2014 Loan is now almost entirely expended. Inland, however, recently notified the District that Inland did not want to continue to fund residential pace projects under the Agreement. County staff has contacted SELF in an attempt to find out if SELF intends to continue to process residential and commercial PACE loans under a renewed Administration Agreement in St. Lucie with another lender for residential PACE. According to the Director of SELF, SELF remains interested in working with St. Lucie County to prudently oversee PACE financing in the future. The District's authority to issue revenue bonds is set out in County Resolution No. 10-259 which provided for the financing of Qualifying Improvements, including the 2014 Bond, and was validated by the Circuit Court in and for St. Lucie County pursuant to the Final Judgment entered on November 30, 2010 in Case No. 10-CA- 5410. FPFA Page 4 of 35 On January 3, 2023, FPFA sent the attached letter to former County Administrator Howard Tipton. The letter expresses FPFA's willingness to enter into an interlocal agreement that "facilitates information sharing and feedback" but states that FPFA does not believe that an interlocal agreement is necessary to provide PACE in St. Lucie County. FPFA bases its position on a bond validation judgment (Florida Pace Funding Agency v. State of Florida et. al., 2022-CA-001562 [ Fla. 2nd Cir. Ct. October 6, 2022]. In viewing the FPFA validation judgment, it appears that the judgment includes collateral issues beyond the scope of a bond validation case including authorizing FPFA to operate in other counties without regard to existing county programs or protections. St. Lucie County was provided no notice of this proceeding and was not a party to the proceeding. The County has not entered into an interlocal agreement with FPFA. Recently, the attorney for the St. Lucie County Tax Collector contacted the County Attorney's office and provided the County Attorney's office with a list of over 140 liens reportedly filed by FPFA on properties in St. Lucie County. Based on staff review of the addresses, it appears that the number of liens per jurisdiction is as follows, as of July 10, 2023: Unincorporated St. Lucie County - 25 City of Fort Pierce - 9 City of Port St. Lucie - 108 Unable to determine - 3 Staff has contacted the two City Attorney's offices to see if either City has entered into an interlocal agreement with FPFA. The Port St. Lucie City Attorney's Office indicated that the City of Port St. Lucie has not entered into an agreement with FPFA. Similarly, the Fort Pierce City Attorney's Office indicated that the City of Fort Pierce has not entered into an agreement with FPFA. Please note that the 2010 County ordinance provides for the ability of the Cities to establish their own PACE program and opt out of the County's program. In addition, the FPFA website indicates that FPFA will submit a roll to the St. Lucie County Tax Collector in 2023 in the amount of $3,120,081.98. Discussion A discussion of the County's options follows. These options may be impacted by the answers to the question whether either of the cities (Fort Pierce or Port St. Lucie) intend to establish their own PACE program. It appears that the County has the following options (in no order of preference): 1. Attempt to negotiate an interlocal agreement with FPFA 2. Do nothing and let FPFA and other PACE programs operate in St. Lucie County 3. Authorize the County Attorney to send the attached draft cease and desist letter to FPFA In any event staff suggests that the County should consider adopting a PACE consumer protection ordinance. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Page 5 of 35 Staff recommends that the Board provide direction. Due to the complexity of the issues and in the absence of Board consensus, the Board may want to consider holding a special informal meeting to further discuss the issues. Staff further recommends that the Board direct the County Attorney to draft and advertise a PACE consumer protection ordinance for Board review and consideration at a public hearing. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: July 12, 2023 Daniel McIntyre, County Attorney Date: July 12, 2023 George Landry, County Administrator Page 6 of 35 CIS-o~-aoa- ADMINISTRATION AGREEMENT ~~ I u ~ This Administration Agreement (the "Agreement"), dated as of ~, 2012, is entered into by and between the St. Lucie County Sustainability District, a dependent special district created by St. Lucie County, Florida ("District"), and the Solar Energy and Loan Fund of St. Lucie County, Inc. ("Administrator") (collectively, the District and the Administrator may be referred to herein as the "Parties" and each, singly, as a "Party"). RECITALS WHEREAS, pursuant to Ordinance No. 10-025 (as codified in Chapter 1-19 of the Code of Ordinances of St. Lucie County, the "Sustainability Ordinance") and Resolution No. 10-259 (as may be amended from time to time, the "Resolution"), St. Lucie County, Florida (the "County") established the District for purposes of accomplishing energy efficiency and renewable energy improvements through an energy financing program providing for the levy of non-ad valorem assessments against real property, with the consent of the owners of such property, to finance the acquisition and construction of energy conservation, energy efficiency and renewable energy improvements (the "Program"); and WHEREAS, Section 1-19.16 of the Sustainability Ordinance authorizes and directs the Board of the County and all other County officers and employees to take all actions necessary and appropriate to effectuate the provisions of the Sustainability Ordinance; and WHEREAS, the Resolution expressly authorizes execution of an administration agreement pursuant to which Administrator will administer the Program on behalf of the District; and WHEREAS, the parties hereto wish to enter into this Agreement in order to effectuate the policy direction set forth in the Resolution and to establish the terms and conditions governing administration of the Program. NOW THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SECTION 1. INCORPORATION OF RECITALS AND APPENDICES. The recitals stated above are true and correct and, together with the appendices attached hereto, are incorporated herein as a material part of this Agreement. SECTION 2. DEFINITIONS. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Sustainability Ordinance and the Resolution. As used in this Agreement, the following terms shall have the following meanings. Page 7 of 35 Act" means Section 163.08, Florida Statutes. Administration Cost" means the cost incurred by the County in administering the Program and the Assessment contemplated hereunder, including but not limited to any costs associated with collection of the Assessment and recording of Financing Agreements or summary memoranda thereof in the public records of St. Lucie County, Florida. Annual Payment" means the annual installment of an Assessment which is due in any given Tax Year, including interest. Assessed Property" means real property subject to a Financing Agreement. Assessment" means the non-ad valorem assessment levied by the County against Assessed Property pursuant to Financing Agreements. Contract Administrator" means the County Administrator or designee thereof. Disbursement Amount" means the cost of the Improvements less any applicable refunds, rebates or credits to be disbursed to the Vendor. Financing Agreements" means the agreements entered into between the County and the owners of Assessed Property providing for the financing of Improvements Improvements" means the energy conservation, energy efficiency and renewable energy improvements authorized by the Resolution and the Act financed pursuant to Financing Agreements. Owner" means the owner of Assessed Property. Property Appraiser" means the St. Lucie County Property Appraiser. Vendor" means the contractor engaged by an Owner to provide, deliver and install Improvements. Tax Collector" means the St. Lucie County Tax Collector. Tax Year" means the period from January 1st through the following December 31st. SECTION 3. SERVICES ADMINISTRATOR AGREES TO PERFORM. A)The Administrator agrees to perform the services provided for in Appendix A, Description of Services," attached hereto. 2 Page 8 of 35 Page 9 of 35 Page 10 of 35 Page 11 of 35 Page 12 of 35 Page 13 of 35 Page 14 of 35 Page 15 of 35 E) In arriving at the amount due to Administrator under this Section, District may deduct: (1) all payments previously made by District for work or other services covered by Administrator's final invoice; (2) any claim which District may have against Administrator in connection with this Agreement; (3) any invoiced costs or expenses excluded pursuant to the immediately preceding subsection (D); and (4) in instances in which, in the opinion of the District, the cost of any service or other work performed under this Agreement is excessively high due to costs incurred to remedy or replace defective or rejected services or other work, the difference between the invoiced amount and District's estimate of the reasonable cost of performing the invoiced services or other work in compliance with the requirements of this Agreement. F) District's payment obligation under this Section shall survive termination of this Agreement. SECTION 15. RIGHTS AND DUTIES UPON TERMINATION OR EXPIRATION. A) Survival of Obligations. This Section and the following Sections of this Agreement shall survive termination or expiration of this Agreement: 5, 6, 8 through 12, 14, 17, 18, 19, 25, 27 through 31 and 34. B) Duties upon Termination. Subject to the immediately preceding paragraph (A), upon termination of this Agreement prior to expiration of the term specified in Section 36, this Agreement shall terminate and be of no further force or effect. Administrator shall transfer title to District, and deliver in the manner, at the times, and to the extent, if any, directed by District, any work in progress, completed work, supplies, equipment, and other materials produced as a part of, or acquired in connection with the performance of this Agreement, and any completed or partially completed work which, if this Agreement had been completed, would have been required to be furnished to District. This subsection shall survive termination of this Agreement. SECTION 16. NOTICES TO THE PARTIES. Unless otherwise indicated elsewhere in this Agreement, all written communications sent by the Parties may be by U.S. mail and shall be addressed as follows: To District: County Administrator 2300 Virginia Avenue Ft. Pierce, Florida 34982 With a copy to: County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982 To Administrator: Solar Energy Loan Fund of St. Lucie County, Inc. 10 Page 16 of 35 Page 17 of 35 Page 18 of 35 Page 19 of 35 SECTION 30. CONSTRUCTION. All paragraph captions are for reference only and shall not be considered in construing this Agreement. SECTION 31. ENTIRE AGREEMENT. This contract sets forth the entire Agreement between the Parties, and supersedes all other oral or written provisions. This contract may be modified only as provided in Section 27. SECTION 32. COMPLIANCE WITH LAWS; COMPLIANCE WITH AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. A) Administrator shall keep itself fully informed of the District's resolutions and the County's codes, ordinances and resolutions and of all state and federal laws and regulations in any manner affecting the performance of this Agreement, and must at all times comply with such local codes, ordinances, and resolutions and all applicable state and federal laws and regulations as they may be amended from time to time, including but not limited to any applicable provisions of the Federal Drug Free Workplace Act of 1989, the Davis-Bacon Act and the ADA. B) Administrator acknowledges that work performed under this Agreement may be funded, in whole or in part, with funds appropriated through the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5 (the "Recovery Act" or "ARRA") and an award by the U.S. Department of Energy ("DOE") through an Energy Efficiency and Conservation Block Grant ("EECBG"), in which case Administrator acknowledges responsibility for ensuring compliance by Administrator and any subcontractor thereof with applicable terms and conditions contained therein, if any. SECTION 33. SERVICES PROVIDED BY ATTORNEYS. Any services to be provided by a law firm or attorney must be reviewed and approved in writing in advance by the County Attorney. No invoices for services provided by law firms or attorneys, including, without limitation, as subcontractors of Administrator, may be paid unless the provider received advance written approval from the County Attorney. SECTION 34. SEVERABILITY. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the Parties and shall be reformed without further action by the Parties to the extent necessary to make such provision valid and enforceable. SECTION 35. COOPERATIVE DRAFTING. This Agreement has been drafted through a cooperative effort of both Parties, and both Parties have had an opportunity to have the Agreement reviewed and revised by legal counsel. No Party shall be considered the drafter of this Agreement, and no presumption or rule that an ambiguity shall be construed against the 14 Page 20 of 35 Party drafting the clause shall apply to the interpretation or enforcement of this Agreement. SECTION 36. EFFECTIVE DATE; TERM; RENEWAL. A) This Agreement shall be effective as of ~ f ~ 2012. 7 B) The term of this Agreement shall be from t 2012, through ? ~~', 2014. 1 C) The Parties expect that the Program will continue beyond the expiration date set forth in paragraph (B) above. Unless either Party delivers a written notice of nonrenewal to the other Party on or before the date that is 60 days prior to the then-effective expiration date, this Agreement shall be deemed renewed for an additional two years. IN WITNESS WHEREOF, District and Administrator have entered into this Agreement as of the effective date set' ATTEST:as to Form: K-/~," Deputy Clerk County At SOLAR AND ENERGY LOAN FUND OF ST. LUCIE COUNTY, INC. Date: J e 18, 2012 t•~ ~~ i~~ Thomas T. Cooper, Secretary yle Ab y, President 4 z~~, b $ t . Y ~~ /Ce-Chair LUCIE COUNTY STAINABILITY DISTRICT 15 Page 21 of 35 APPENDIX A Description of Services to be Provided by Administrator A. Program Design Services. Program design services include alignment with local goals and policies, integration with existing programs, stakeholder engagement, and development of program guidelines. Administrator will participate in meetings and facilitate the creation of documents with District staff and consultants: 1. To ensure full integration of the Program with existing federal, state, utility, and local renewable energy incentives. 2. To collaborate with the District in developing guidelines, policies and procedures for the Program. 3. To develop strategies for implementing and administering the Program. 4. To assist in drafting procedures, manuals and guidebooks in connection with the Program. (This task is also part of the Program Implementation Services.) B. Program Implementation Services. Program implementation services include finalizing and integrating the tasks outlined in the program design services to create a program that is ready to process applications and fund Improvements. In addition, these services include the following key areas: 1. Web Portal a. At District's direction, Administrator will assist in developing, revising and/or maintaining a web platform and related content in order to develop a County or District branded" website that serves as an interface between applicants and Administrator. Administrator will provide reasonable assistance in this regard but will not assume responsibility for developing or hosting any County or District website. b. The secure website will manage distribution of program application, application filing, the tracking of the application progress, and notice of application approval. Data collected includes: i. The number and locations of persons submitting an application; ii. The number of person approved for financing; iii. The type, size and dollar value of Improvement projects; iv. The time between application and installation of Improvements; and A-1 Page 22 of 35 v. The Vendor selected by the applicant to install the Improvements. c. Through the website, Administrator will develop, implement and administer software and models that: processes applications and funding requests ii. provides loan repayment projections and bond debt service schedules provides real-time reports on program progress 2. Marketing and Communications a. Administrator will assist the District in the development of a marketing and education campaign to inform the local community and stakeholders about the program. b. Administrator will assist the District in developing content for print materials and workshops deemed desirable by the District. c. Administrator will assist the District in the establishment of a branding and marketing plan and the coordination of District and local resources to maximize marketing impacts. d. During the first year of the Program, Administrator will facilitate or assist in the facilitation of a reasonable number of workshops (not to exceed 12 workshops) with contractors, prospective participants and/or other interested parties in order to educate them about the program terms and application process. e. Administrator will arrange and prepare presentation materials for the public, legislative and policy-making bodies, credit rating agencies, and credit enhancement and liquidity providers, as required. 3. Program Documentation. Administrator will collaborate with District staff and consultants to develop the following documents for Program administration: a. Program Terms and Policies b. Property Underwriting Criteria c. Authorized Improvements List d. Landowner Application(s) e. Financing Agreement and related summary memorandum for recording f. Marketing materials C. Program Administration Services. Program administration services include all tasks necessary to administer the Program on an ongoing basis, with assistance from and oversight A-2 Page 23 of 35 Page 24 of 35 1. Identify methods to maximize available rebate programs, and work with participating property owners to maximize any applicable energy credits for the Improvements, and to the extent practicable, establish procedures to capture any cash rebates as down payments in the overall Assessment amount. 2. Contractor and Vendor Responsibilities a. Administrator shall perform all outreach efforts to the contractor and vendor communities and maintain and update regularly a list of "approved" contractors and vendors that meet all required State licensing requirements and that demonstrate specific knowledge and experience with installing the qualifying improvements. b. Develop training certification programs for Vendors to increase level of expertise and efficiency in operation of Program, coordinate with existing job training/retraining centers to create workforce or expand quality of existing workforce (pool of contractors). c. Oversee installation of Improvements and warranty program. d. Develop methodologies and procedures to assure correct completion of improvements with all applicable warranties in place, including methods to provide timely audits of improvements made and completed. e. Coordinate all inspections of the Improvements (some improvements will require building permits and inspections) among vendor and local building inspectors f. Conduct periodic inspections of each Improvement to assure the Improvements were installed properly and are in working order. g. If an Improvement is not installed properly or is not in working order, coordinate with original Vendor to rectify the situation or to bring in an alternate contractor to correct the installation. h. Establish and operate a tandem warranty program to make sure improvements function as intended. i. Identify potential service providers, initially consisting of licensed and qualified installers, equipment vendors and parties who can provide energy and wind resistance inspections. 3. Assessment Services a. Data Collection. Administrator will coordinate with District staff to track the tax parcels that will be subject to Assessments in each fiscal year. For each parcel, Administrator will confirm the current tax parcel identification or folio number; determine whether the parcel has been subdivided or is the result of a subdivision and allocate the maximum special tax accordingly, if applicable; and calculate the amount to be levied to pay the parcel's debt service if any). A-4 Page 25 of 35 b. Payment Calculation and Roll Preparation. Administrator will calculate the total amount of the Assessment due from each tax parcel and the Annual Payment due each year and will coordinate with District staff to ensure that all Administration Costs, interest and any capitalized interest associated with the Improvements for a given tax parcel are included in the Assessment levied against such parcel. Administrator will assist District staff, the Tax Collector and/or the Property Appraiser with preparation and certification of the annual Assessment roll. c. Prepayments and Release of Assessment Liens. Upon request, Administrator will provide homeowners, property owners, title agents and other interested parties with an estimate of the amount required to prepay the Assessment. If an owner makes a prepayment, Administrator will facilitate filing of a release of lien in the public records as necessary to remove the lien of the Assessment from the Assessed Property. d. Answer Inquiries from Various Parties. Administrator will respond to homeowners, property owners, realtors, title companies, appraisers and other parties regarding the Assessment and other issues related to the Program. 4. Program Reporting a. Administrator will prepare an annual administration report for the District which will summarize (i) number of parcels subject to an Assessment each year and the amount to be levied on each parcel; (ii) Assessment roll changes from the prior year, including parcels added or removed from the Assessment roll and bonds secured by each new parcel (if any), (iii) prepayments that have been received in the past year; (iv) delinquencies that have occurred and efforts that have been made to collect the past due amounts; and (v) any other event or statistic pertaining to the general fiscal health of the Program. b. Administrator will assist the District with reporting requirements as part of the allocation of ARRA funds, if applicable. c. Administrator will prepare reports, schedules, and documents to support the issuance and underwriting of bond documents such as disclosure documents for IRS, SEC, and/or any other regulatory body purposes; cash flows analysis; debt service and loan repayment projections; substantiation of revenue and expenditure estimates and project costs; verification of cash flows; and project or market feasibility, as needed. d. Administrator shall submit written reports as requested or required by any state or federal governmental entity. The timely submission of such report is a necessary and material term and condition of this Agreement. The reports shall be submitted electronically; hard copies, if required, shall be on recycled paper and printed on double-sided pages to the maximum extent possible. 5. Customer Service a. Administrator will provide direct customer service to the community via the A-5 Page 26 of 35 Page 27 of 35 Page 28 of 35 Page 29 of 35 Page 30 of 35 Page 31 of 35 Page 32 of 35 Page 33 of 35 Page 34 of 35 BOARD OF COUNTY COMMISSIONERS COUNTY ATTORNEY Daniel S. McIntyre CHRIS DZADOVSKY, District No. 1  LARRY LEET, District No. 2  LINDA BARTZ, District No. 3  JAMIE FOWLER, District No. 4  CATHY TOWNSEND, District No. 5 County Administrator – George Landry 2300 Virginia Avenue - Fort Pierce, Florida 34982-5652 - Phone (772) 462-1441 - FAX (772) 462-1440 TDD(772) 462-1428 Katherine Davis Barbieri ASSISTANT COUNTY ATTORNEY Ciara H. Forbes ASSISTANT COUNTY ATTORNEY July XX, 2023 Florida Pace Funding Agency (FPFA) c/o Mike Moran 4411 Bee Ridge Ed. #134 Sarasota, FL 34233 Dear Mr. Moran: Your January 3, 2023 letter to the former County Administrator has been referred to this office for response. Please note that on June 15, 2010, St. Lucie County adopted County Ordinance No. 10-025 which created the “St. Lucie County Sustainability District” as a dependent special district. One of the purposes of the District is to provide financing to owners of residential and commercial property within the District. In addition, St. Lucie County filed proceedings to validate not to exceed $50,000,000 in special assessment improvement funding and reimbursement agreements. A Final Judgment validating the County’s energy financing program was entered on November 30, 2010. It is the County’s position that FPFA does not have the legal authority to continue operating in St. Lucie County without an executed interlocal agreement. The bond validation judgment rendered in Case No. 2022-CA-1562, by a Circuit Court in Leon County is not binding on St. Lucie County and conflicts with the 2010 validation Final Judgment. The court’s conclusion that FPFA may operate independent of local government regulation on a statewide basis is beyond the statutory scope of bond validation proceedings and infringes upon the County’s constitutional authority. It appears FPFA never published notice in St. Lucie County, nor did it notify the County that the bond validation proceeding was pending. As a result, the County was deprived of an opportunity to be heard on a matter that ultimately infringed upon the County’s substantive rights. In conclusion, St. Lucie County requests that you immediately cease and desist your operations in St. Lucie County, and immediately stop executing new financing agreements with property owners in St. Lucie County. Sincerely, Daniel S. McIntyre County Attorney cc: Katherine D. Barbieri, Assistant County Attorney Gregory Stewart, Esq. Page 35 of 35