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HomeMy WebLinkAboutAgenda Packet 11.14.2023SUSTAINABILITY DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, November 14, 2023 9:01 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 11/8 Page 1 of 9 Regular Meeting Tuesday, November 14, 2023 9:01 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 Human Resources Department at 772-462-1456, HumanResources@stlucieco.org or TDD 772-462-1428 at least 48 hours prior to the meeting. Page 2 of 9 Regular Meeting Tuesday, November 14, 2023 9:01 AM 3 | P a g e 1.CALL TO ORDER 2.GENERAL PUBLIC COMMENT 3.APPROVAL OF MINUTES A.Board of County Commissioners minutes for the Sustainability District Meeting of October 17, 2023. B.Board of County Commissioners minutes for the Sustainability District Meeting of August 15, 2023. 4.CONSENT AGENDA There are no items scheduled. 5.REGULAR AGENDA There are no items scheduled. 6.MOTION TO ADJOURN Page 3 of 9 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Sustainability District Meeting October 17, 2023 Convened: 9:02 AM Adjourned: 9:04 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 Katherine Barbieri, Assistant County Attorney George Landry, County Administrator Mayte Santamaria, Deputy County Administrator Jason Davis, Deputy County Administrator Jennifer Hill, OMB Director Jennifer Garrity, Budget Manager Barbara Guettler, MSBU Coordinator Patrick Dayan, Public Works Director Irene Szedlmayer, Planning & Development Services Planning Senior Planner Patrick Dayan, Public Works 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. PUBLIC HEARINGS A. PUBLIC WORKS 1. Energy Special Assessment District Barbara Guettler, MSBU Coordinator, presented this item to the Board. One of the funding methods available for energy conservation and renewable energy improvements is to levy non-ad valorem special assessments on properties that derive a direct benefit from the improvements. This type of assessment is based on benefits and collected along with property taxes using the uniform method following Florida Page 4 of 9 Sustainability District Meeting Tuesday, October 17, 2023 9:00 AM 2 | Page Statute Section 197.3632. To preserve the funding option, the Board must adopt a resolution expressing its intent to use the uniform method of collecting commencing in November 2024. The resolution must be considered at a duly advertised public hearing held prior to January 1, 2024. The resolution does not in any way obligate the County to levy special assessments. It satisfies the legal requirement of preserving the County's options to use the uniform method of collection if special assessments are levied. Staff recommended Board approval of the Energy Special Assessment District (SAD) Notice of Intent Resolution and authorization for the chair to sign documents as approved by the County Attorney. 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. The Board did not have any questions or comments on this item. A motion was made to approve staff recommendations, and it passed unanimously. RESULT: APPROVE MOVER: Commissioner District 1 Chris Dzadovsky SECONDER: Commissioner District 2 Larry Leet AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler NAYS: None EXCUSED: None 4. MOTION TO ADJOURN With no other information to be brought for consideration before the Board, the meeting was adjourned at 9:04 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. Page 5 of 9 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 Page 6 of 9 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 Page 7 of 9 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 Page 8 of 9 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. Page 9 of 9