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HomeMy WebLinkAboutMinutes 08.15.2023 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Sustainability District Meeting August 15, 2023 Convened: 9:02 AM Adjourned: 9:14 AM 1. CALL TO ORDER The meeting was called to order at 9:02 AM 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 Jason Davis, Deputy County Administrator Katherine Barbieri, Assistant County Attorney III Michelle R. Miller, St. Lucie County Clerk of the Circuit Court and Comptroller Shai Francis, St. Lucie County Clerk Chief Finance Officer Tanya Greene, St. Lucie County Clerk Chief Operating Officer Thad Crowe, Planning & Development Services Senior Planner Kori Benton, Planning & Development Services Planning Manager Barbara Guettler, MSBU Coordinator Jim Lappert, Water Quality Division Director Jaime Morales, Assistant Public Works Director Benjamin Balcer, Planning & Development Services Director Rangel Guerrero, Public Safety Director Jennifer Hill, OMB Director Katrina Slay, Agenda Coordinator 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. APPROVAL OF MINUTES A motion was made to approve all minute sets, and it passed unanimously. RESULT: APPROVE Sustainability District Meeting Tuesday, August 15, 2023 9:01 AM 2 | Page MOVER: Commissioner District 4 Jamie Fowler SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None A. Board of County Commissioners minutes for the Sustainability District Meeting of July 18, 2023. B. Board of County Commissioners minutes for the Sustainability District Meeting of August 1, 2023. C. Board of County Commissioners minutes for the Sustainability District Meeting of May 16, 2023. 4. CONSENT AGENDA A motion was made to adopt the consent agenda, 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 A. PUBLIC WORKS 1. Energy Special Assessment District (SAD) Annual Assessment Resolution Adopted by Consent Vote 5. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance No. 2023-009 - An Ordinance of St. Lucie County, Florida Amending Article VI Of Chapter 40 of the St. Lucie County Code Entitled "St. Lucie County Sustainability District" To Adopt Additional Consumer Protection Provisions For Property Owners Applying For "Property Assessed Clean Energy" (Pace) Funding In The District Katherine Barbieri, Assistant County Attorney III, presented this item to the Board. An Ordinance amending the County code for the Sustainability District to adopt additional consumer protection provisions. The consumer protection would apply to all PACE funding within the district, ratifying the County's intent that the district shall have sole authority and jurisdiction to administer it and to oppose and collect related ad valorem assessments in the district boundaries. The ordinance is being presented to the Board because the PACE fund programs and other jurisdictions, state and nationally, particularly concerning residential PACE assessments have led to negative property owner experiences, including complaints against contractors and vendors who construct and install qualifying improvements and also against entities administering the Sustainability District Meeting Tuesday, August 15, 2023 9:01 AM 3 | Page PACE financing programs. The proposed ordinance, as stated, has consumer protection built into it, including contract pricing within six months of entering into a PACE interlocal agreement. PACE local governments shall have in place price rules and enforcement mechanisms to ensure property owners are protected from excessive unjustified prices and charge-based contractors. It shall only be for qualifying improvements that will be properly permitted and must comply with Florida and local codes and PACE local governments shall finance only qualifying improvements that are permanently fixed to the property. It shall have estimated energy-saving disclosures. PACE local governments shall require that PACE contractors inform the eligible participants of the available rebates, the energy savings, and the benefits. They shall also be required to notify the property owner of the total amount of the debt that the maximum allowable PACE assessment shall not exceed the life of the improvement or 20 years, whichever is less. Notice that there is a three-day right to cancel and that the notification of this can be found on the tax bills. Additionally, not paying the PACE assessment may result in a tax certificate being issued against the property, and failure to pay may ultimately result in the loss of the property. Notification that installation of qualified improvements may or may not affect the overall market value. The PACE assessment may hinder property sale or refinancing, requiring full payment at the time of sale or refinancing. The property owner who gives notice must sign and date it and file it in public records for future buyers. The staff advised of the recommended protections within the ordinance to be in place and advised property owners to express voluntary consent to be eligible participants to accept the non-ad valorem assessment. The staff certified and restated that the County ratifies and confirms its intent that the district is and shall continue to be the sole PACE local government authorized to provide the PACE program and related services in the County, and other municipalities can participate if they opt out of the district. There will be PACE contracts managing customer service requirements, marketing, and communication requirements. Additionally, participants must not have been delinquent in taxes for the past 3 years to be eligible for the program. Staff recommended the Board approve the drafted ordinance. Chair Bartz opened the hearing for public comment at this time. With no one wishing to address the Board, Chair Bartz closed the public hearing. Commissioner Leet questioned if there were any disclosures regarding the cost of the removal of solar panels in the event of a new roof installation. Staff advised it is not specifically outlined in the disclosure because of all the improvements, but they could work with the PACE provider to include the cost within the marketing material. There was additional Board discussion regarding consumer protection, credit report eligibility, tax rolls, solar panels, and restrictions/requirements for participants to qualify. A motion was made to approve staff recommendations, 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 15, 2023 9:01 AM 4 | Page 6. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 9:14 AM. 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.