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HomeMy WebLinkAboutMinutes 08.01.2023 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Sustainability District Meeting August 1, 2023 Convened: 6:01 PM Adjourned: 6:05 PM 1. CALL TO ORDER The meeting was called to order at 6:01 PM by Chair Linda Bartz, District No. 3. Present Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4 Also Present Dan McIntyre, County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Katherine Barbieri, Assistant County Attorney III Benjamin Balcer, Planning & Development Services Director Kori Benton, Planning & Development Services Planning Manager JoAnn Riley, Property Acquisition Manager Thad Crowe, Planning & Development Services Senior Planner Daniel Zrallack, County Engineer Kori Benton, Planning & Development Services Planning Manager Vera Smith, Deputy Clerk Recording Secretary 2. GENERAL PUBLIC COMMENT Chair Bartz opened the meeting for public comment at this time. With no one wishing to address the Board, Chair Bartz closed public comment. 3. REGULAR AGENDA A. COUNTY ATTORNEY 1. Resolution No. 2023-125 - A Resolution of the Sustainability District of St. Lucie County Declaring the Florida Pace Funding Agency's Continued Operation in St. Lucie County without Authorization is a Public Health Safety and Welfare Emergency Katherine Barbieri, Assistant County Attorney III, presented this item to the Board. The authorization for the County Attorney's office to initiate litigation as appropriate to stop the Florida PACE Funding Agency's s continued operation in St. Lucie County. Whereas, without notice to the County or District, the Florida Sustainability District Meeting Tuesday, August 1, 2023 6:00 PM 2 | Page PACE Funding Agency (FPFA) initiated bond validation proceedings in Leon County Circuit Court, which resulted in the issuance of a final judgment authorizing the agency to finance qualifying improvements for property owners in all of Florida and the aggregate principal amount of $5 billion. On January 3, 2023, FPFA sent a letter to former County Administrator Howard Tipton expressing their willingness to enter into an interlocal agreement that just facilitates information sharing and feedback but states they do not believe that an interlocal agreement is necessary to provide PACE in St. Lucie County. On January 11, 2023, the Florida PACE Funding Agency (FPFA) began operating a program in the County and District in violation of the Ordinances. Then the Florida PACE Funding Agency (FPFA) or its representatives began filing liens in the County for program improvements. Whereas the liens filed in the County by Florida PACE Funding Agency (FPFA) or its representatives reflect that the majority of property owners are being charged interest rates as high as 9.99% for the qualifying improvement and that property owners will pay such interest rates for at least 10 years, but a majority for 30 years for items such as windows, air-conditioning units, and roofs. Based on the interest rates charged and the terms of the financing agreements, the tax bill amount of the property owners in the County will increase significantly. Almost a third of tax bills will double in amount and a few will increase five times. The County contends that Chapter 164, the Florida Statutes, also known as the Florida Government Conflict Resolution Act is not applicable based on the Florida PACE Funding Agency (FPFA) assertion that has statewide authority and the court finds that Florida PACE is a governmental entity. The Board of County Commissioners finds Florida PACE an immediate danger to the health, safety, and welfare of the public in the creation of the liens. The County has the legal right not to comply with Florida Statute Chapter 164. In the, whereas clause, the County has to make an amendment stating the bond validation was in St. Lucie County when it is in Leon County, and the scrivener's error will be corrected. St. Lucie County is requesting that the Board find that the Florida PACE Funding Agency (FPFA) continued operation in the County under its asserted independent authority poses an immediate danger to the health, safety, and welfare of the citizens of the County and compromises significant legal rights of the County and therefore requires immediate action against it before compliance with the provisions Chapter 164, Florida Statutes, the Florida government Conflict Resolution Act. Staff requested the Board to approve the resolution as amended with one change to the whereas clause. The Board did not have any questions or comments on this item. A motion was made to approve the staff recommendation as amended, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 4 Jamie Fowler AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None Sustainability District Meeting Tuesday, August 1, 2023 6:00 PM 3 | Page 4. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 6:05 PM. Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court and available for inspection upon request.