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HomeMy WebLinkAboutAgenda Packet 01.22.2019 Generated 1/17/2019 1:56 PM SUSTAINABILITY DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, January 22, 2019 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 2, Vice-Chair SEAN MITCHELL District No. 1 CHRIS DZADOVSKY District No. 4 FRANNIE HUTCHINSON District No. 5 CATHY TOWNSEND Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Regular Meeting Tuesday, January 22, 2019 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. General comments in support or opposition to candidates for public office are not pertinent to the Board’s duties. 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. Regular Meeting Tuesday, January 22, 2019 9:00 AM 3 | P a g e 1. CALL TO ORDER 2. APPROVAL OF MINUTES There are no items scheduled. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA There are no items scheduled. 5. REGULAR AGENDA A. Professional Administrator Services - Property Assessment Clean Energy (PACE) for Single Family Residential Based on prior Board direction received on September 18, 2018, staff recommends that the Board direct the County Administrator to appoint a staff committee to review all of the applications received (including the Application received late from Restore America) and make a recommendation to the Board. 6. MOTION TO ADJOURN ITEM NO. (ID # 5714) DATE: 01/22/2019 AGENDA REQUEST *REGULAR AGENDA BACKGROUND: At the August 14, 2018 Board informal meeting the Board directed staff to prepare a request soliciting interest from firms that are interested in providing PACE services for single family residential homes in unincorporated St. Lucie County. County staff contacted Chris Roe, Esq., the County’s bond counsel for special assessment financing and who also has assisted the County in implementing the District’s PACE program. Staff asked Mr. Roe if he was aware of any jurisdiction that had developed a recent solicitation for PACE administrator services for a local government that wanted to retain some level of oversight. Mr. Roe replied and suggested that staff review the Request for Applications developed by the City of Cape Coral. Attached is a draft “Request for Applications Professional Administrator Services - Property Assessment Clean Energy (PACE) for Single Family Residential.” The draft is patterned after the Request developed by the City of Cape Coral. On September 18, 2018, the Board voted 3-2 to grant permission to advertise the Request for Applications. Attached is a copy of a memorandum dated November 16, 2018 from the County’s Purchasing Manager. As indicated in this memorandum, the County received submittals from 4 firms as follows: · Alliance Energy · Renew Financial · Renovate America · YGRENE Please note the Renovate America’s submittal was received after the submittal deadline. Please also note that SELF did not submit an application. Discussion of Options for Further Processing: It appears that the Board has the following options: TO: Sustainability District PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Professional Administrator Services - Property Assessment Clean Energy (PACE) for Single Family Residential 5.A Packet Pg. 4 Updated: 1/14/2019 9:55 AM by Katrina Slay Page 2 1. Evaluate all of the submitted proposals including the proposal submitted late by Restore America. 2. Evaluate all of the submittal proposals except the proposal submitted late by Restore America. 3. Reject all of the Applications. If the Board determines to evaluate the Applications staff recommends that the Board direct the County Administrator to appoint a staff committee to review the Applications and make a recommendation to the Board. PREVIOUS ACTION: On September 18, 2018 a majority of the Board voted to grant permission to advertise for Request for Applications. FINANCIAL IMPACT: N/A RECOMMENDATION: Based on prior Board direction received on September 18, 2018, staff recommends that the Board direct the County Administrator to appoint a staff committee to review all of the applications received (including the Application received late from Restore America) and make a recommendation to the Board. COMMISSION ACTION: Coordination/Signatures 5.A Packet Pg. 5 1 St. Lucie County Sustainability District Request for Applications Professional Administrator Services – Property Assessment Clean Energy (PACE) For Single Family Residential 5.A.a Packet Pg. 6 At t a c h m e n t 5 . A . a : R e q u e s t f o r A p p l i c a t i o n s P A C E 0 9 - 0 6 - 1 8 ( 5 7 1 4 : P r o f e s s i o n a l A d m i n i s t r a t o r S e r v i c e s - P r o p e r t y A s s e s s m e n t C l e a n E n e r g y 2 DESCRIPTION OF OPPORTUNITY PACE is an acronym that stands for “property assessed clean energy.” The concept allows for individual property owners (both residential and commercial) to voluntarily seek financing for certain energy or wind resistance improvements in the form of a special assessment through their local government. In this context, the special assessments are referred to as a non-ad valorem assessment. Payback occurs over a period of years and is collected on the same bill as property taxes. The Florida Legislature in 2010 passed legislation that details the authority and process for a PACE program and related non-ad valorem assessments in Florida. See §163.08, Fla. Stat. (“PACE Statute”). PACE assessments can provide financing for a wide range of energy efficiency, renewable energy and/or wind resistance improvements to properties throughout Florida. These improvements are referred to as “Qualifying Improvements” by the PACE Statute, which provides a more detailed list of examples. The PACE Statute provides: “A qualifying improvement program may be administer by a for-profit or a not-for-profit organization on behalf of and at the discretion of the local government.” St. Lucie County, Florida (the "County") created the St. Lucie County Sustainability District (“District”) in 2010 to accomplish energy efficiency and renewable energy objectives in the County, including PACE financing. The District is a dependent special district of the County and the membership of the District's board is identical to the Board of County Commissioners. In 2012 the District engaged the Solar Energy and Loan Fund of St. Lucie County, Inc. ("SELF") to act as PACE administrator and has since partnered with SELF and Inland St. Lucie PACE LLC ("Inland") to provide PACE financing for qualifying improvements. The agreement between the District, SELF and Inland provides that Inland has the exclusive right to provide PACE financing for all non-residential and multi-family parcels in the County through September 1, 2020, with possible extension beyond that date through mutual agreement of the parties. The agreement provides that Inland also has the authority, but not the exclusive right, to provide PACE financing for residential properties in the County. The District invites organizations to complete and submit the attached application form if they are interested in serving as an administrator of a PACE program for single-family residential property in the County (“Administrator”). The District is interested in providing residents choices among multiple PACE programs with proven records of success; accordingly, Administrators may serve on a non-exclusive basis. The District is open to evaluating the merits of the individual PACE programs as they currently operate in other jurisdictions. The District anticipates that some PACE programs perform all necessary PACE functions, including but not limited to, levy and collection of assessments through an already-established levy and collection entity, interaction with County Constitutional officers (Tax Collector and Property Appraiser), administration, partnership with municipalities and financing. The District will consider any PACE program structure in response to this Request for Applications. 5.A.a Packet Pg. 7 At t a c h m e n t 5 . A . a : R e q u e s t f o r A p p l i c a t i o n s P A C E 0 9 - 0 6 - 1 8 ( 5 7 1 4 : P r o f e s s i o n a l A d m i n i s t r a t o r S e r v i c e s - P r o p e r t y A s s e s s m e n t C l e a n E n e r g y 3 Administrators will be compensated through proceeds of funds disbursed pursuant to financing agreements and/or annual assessments paid by property owners who participate in the PACE program. The District expects that applicants will already have designed and implemented a PACE program in other jurisdictions. The District will process applications as described below. 5.A.a Packet Pg. 8 At t a c h m e n t 5 . A . a : R e q u e s t f o r A p p l i c a t i o n s P A C E 0 9 - 0 6 - 1 8 ( 5 7 1 4 : P r o f e s s i o n a l A d m i n i s t r a t o r S e r v i c e s - P r o p e r t y A s s e s s m e n t C l e a n E n e r g y 4 APPLICATION PROCESS Those interested in serving as an Administrator should complete the application form located in Attachment A (“Application”) and return the original signed Application, six hard copies, and one electronic copy to the County at: MAILING ADDRESS: PHYSICAL ADDRESS: St. Lucie County Sustainability District St. Lucie County Sustainability District 2300 Virginia Avenue 2300 Virginia Avenue Fort Pierce, FL 34982 Fort Pierce, FL 34982 Applications shall not be presented at any other location. ENVELOPES MUST BE MARKED: Professional Administrator Services Application – Property Assessment Clean Energy (PACE) Any questions concerning this request shall be addressed to Desiree Cimino, St. Lucie County Purchasing Manager at (772) 462-1133. All applications shall be due by _________________ p.m. on ___________________ _____, 2018. PROCESSING OF APPLICATIONS The District will review each Application to determine whether, in the District’s sole interest and judgment, to allow the applicant to serve as an administrator. The District will consider: 1. The applicant’s institutional reliability 2. The applicant’s demonstrated ability to administer a PACE program (with emphasis on past experience with PACE programs in Florida, but consideration will be given for programs with similar functional requirements and from other jurisdictions) 3. The demonstrated value for residents who chose to participate in the program 4. Whether service to local residents will be provided from a physical location within the District or from an remote location 5. A demonstrated complete and robust published set of consumer protections, information, assistance and contractor oversight. 5.A.a Packet Pg. 9 At t a c h m e n t 5 . A . a : R e q u e s t f o r A p p l i c a t i o n s P A C E 0 9 - 0 6 - 1 8 ( 5 7 1 4 : P r o f e s s i o n a l A d m i n i s t r a t o r S e r v i c e s - P r o p e r t y A s s e s s m e n t C l e a n E n e r g y 5 The District is not obligated to select any application or to authorize any administrator. The District expects to authorize more than one Administrator, but it is not obligated to do so. If the District selects an Administrator, the District will take further action as necessary to authorize the Administrator to operate within the District. 5.A.a Packet Pg. 10 At t a c h m e n t 5 . A . a : R e q u e s t f o r A p p l i c a t i o n s P A C E 0 9 - 0 6 - 1 8 ( 5 7 1 4 : P r o f e s s i o n a l A d m i n i s t r a t o r S e r v i c e s - P r o p e r t y A s s e s s m e n t C l e a n E n e r g y 6 ATTACHMENT A APPLICATION FORM 5.A.a Packet Pg. 11 At t a c h m e n t 5 . A . a : R e q u e s t f o r A p p l i c a t i o n s P A C E 0 9 - 0 6 - 1 8 ( 5 7 1 4 : P r o f e s s i o n a l A d m i n i s t r a t o r S e r v i c e s - P r o p e r t y A s s e s s m e n t C l e a n E n e r g y 7 APPLICATION TO PROVIDE PACE PROGRAM ADMINISTRATIVE SERVICES FOR A SINGLE FAMILY RESIDENTIAL Instructions: Please complete the application and return it as described in the “Application Process” section of the Request for Applications. Prepare the application on the applicant’s letterhead, addressed to the District, with the subject line (Re:) of the letter indicating, “Application to Provide PACE Program administrative Services.” Without introductory or prefatory text, proceed to answer each of the questions posed below. Before answering, reproduce the question, number ad text in italics. Mark attachments as indicated below and attach them to the application with appropriate tabs (Exhibit 1, Exhibit 2, etc.). Following the answer to final question, a person legally authorized to bind the applicant must sign the application. Any information claimed to be proprietary and exempt from Florida’s public records law must be conspicuously marked as such. All required information must be included with the application, or the District will disapprove and return the application. APPLICANT INFORMATION: No. Question 1 Identify the lead organization submitting this Application (the “Applicant”, including an Individual responsible for the Application, and provide complete contact information for both the organization and the individual. 2 Describe the Applicant’s form of organization, e.g., for-profit corporation, non-profit corporation, governmental entity, etc. 3 Attach as Exhibit 1 the Applicant’s basic organizational documentation (e.g., articles of incorporation and by-laws for private organization, or special act for governmental entity) and, if applicable, proof of authority to do business in Florida. 4 Identify all entities other than the Applicant that would be involved in providing the services on behalf of the Applicant. In particular, identify (a) entities that may comprise the Applicant and (b) entities responsible for major service components (>10% of total services), and describe the role of each. 5.A.a Packet Pg. 12 At t a c h m e n t 5 . A . a : R e q u e s t f o r A p p l i c a t i o n s P A C E 0 9 - 0 6 - 1 8 ( 5 7 1 4 : P r o f e s s i o n a l A d m i n i s t r a t o r S e r v i c e s - P r o p e r t y A s s e s s m e n t C l e a n E n e r g y 8 5 Attach as Exhibit 2 the basic organizational documentation (e.g., articles of incorporation and by-laws for private organization, or special act for governmental entity) of every entity identified in the response to Question 4. 6 Identify the individuals who serve as officers or directors of the organizations identified in the responses to Questions 1 and 4 (connect individuals to organizations). 7 Identify the individuals proposed to serve in key positions for the Applicant in providing services including providing the entity’s consumer protection information and contractor oversight, and briefly describe the role of each. 8 For every individual identified in the responses to Questions 6 and 7, list any professional, occupational and vocational licenses (including licenses to sell securities and MSRB registrations). 9 For every individual identified in the responses to Questions 6 and 7, has the individual ever been refused an occupational, professional, or vocational license by any regulatory authority, or any public administrative, or governmental licensing, agency? If so, please describe. 10 For every individual identified in the responses to Questions 6 and 7, has the individual ever has an occupational, professional, or vocational license revoked, or otherwise subject to disciplinary action? If so, please describe. 11 For every individual identified in the responses to Question 6 and 7, has the individual ever been charged with, or indicted for, any criminal offense other than civil traffic offenses? If so, please describe. 12 For every individual identified in the response to Questions 6 and 7, has the individual been, within the past ten years, a party to any civil action involving dishonesty, breach of trust, or a financial dispute? If so, please describe. 13 For every individual in the responses to Questions 6 and 7, is the individual a “relative,” as defined in section 112.3135(1)(d) of Florida Statutes, of any District elected official? If so, please describe. 5.A.a Packet Pg. 13 At t a c h m e n t 5 . A . a : R e q u e s t f o r A p p l i c a t i o n s P A C E 0 9 - 0 6 - 1 8 ( 5 7 1 4 : P r o f e s s i o n a l A d m i n i s t r a t o r S e r v i c e s - P r o p e r t y A s s e s s m e n t C l e a n E n e r g y 9 14 Identify how the applicant intends to provide service to property owners, e.g. remotely or on-site? PROVEN ABILITY TO DELIVER No. Question 15 How much in capital funds are currently secured and available for PACE program loans/assessments? 16 Identify and describe the source of financing the Applicant’s program makes available to participating property owners. 17 Identify the States in which Applicant currently administers PACE programs and, for each, indicate the number of years the Applicant has been administering such programs. 18 Identify the jurisdictions with the State of Florida in which Applicant currently administers PACE programs and, for each, the number of years the Applicant has been administering such programs. 19 How many application for PACE program funding did Applicant receive in each of the two calendar years before the date of the Application? For each year, distinguish between residential and commercial applications and indicate the total dollar amount of each category of applications. 20 Identify programs with functional requirements similar to PACE programs that the Applicant has administered and, for each, (a) identify the jurisdictional location of the program, (b) identify the number of years the Applicant has been administering the program, and (c) describe how the program requirements are similar to PACE programs. 21 Attach as Exhibit 3 any forms of agreement or authorization Applicant proposes to memorialize its ability to act as Administrator. The District will not later sign any forms not included in Exhibit 3. 22 Identify any upfront or annual costs or expenses that Applicant expects the District to pay if Applicant is authorized to act as Administrator. 5.A.a Packet Pg. 14 At t a c h m e n t 5 . A . a : R e q u e s t f o r A p p l i c a t i o n s P A C E 0 9 - 0 6 - 1 8 ( 5 7 1 4 : P r o f e s s i o n a l A d m i n i s t r a t o r S e r v i c e s - P r o p e r t y A s s e s s m e n t C l e a n E n e r g y 10 23 Describe the anticipated role and responsibility of District staff if the Applicant is authorized to act as Administrator. 24 Describe the anticipated role and responsibility of the Property Appraiser if the Applicant is authorized to act as Administrator. 25 Describe the anticipated role and responsibility of the Tax Collector if the Applicant is authorized to act as Administrator. 26 How does the Applicant’s data collector track, evaluate and monitor the assessed properties? 27 Does the Applicant require property owners to use contractors registered with Applicant’s program? 28 How many contractors are registered in Applicant’s program? 29 Describe how Applicant manages its contractors (e.g., registration, certification, training, monitoring, etc.). 30 How does the Applicant intend to protect and inform consumers of the program risks? 31 How does Applicant’s program recover administrative and financing costs relating to government offices? Please detail (e.g., PACE district administration, jurisdiction setup/cost recovery fee, filing fees, Property Appraiser, Tax Collector). 32 How does Applicant’s program recover administrative and financing costs relating to program administration? Please detail (e.g., application processing fee, technical project review, bond counsel legal fees, annual collection fee, and debt service reserve fund). 33 How does Applicant’s program recover administrative and financing costs relating to project financing and completion? Please detail (e.g., energy audit, appraisal fee, title 5.A.a Packet Pg. 15 At t a c h m e n t 5 . A . a : R e q u e s t f o r A p p l i c a t i o n s P A C E 0 9 - 0 6 - 1 8 ( 5 7 1 4 : P r o f e s s i o n a l A d m i n i s t r a t o r S e r v i c e s - P r o p e r t y A s s e s s m e n t C l e a n E n e r g y 11 search, origination fee, pre-install site inspection, post-install site inspection, contractor project fee). VALUE FOR RESIDENTS No. Question 34 What criteria does Applicant use for evaluating projects? 35 How does Applicant determine the most cost-saving option for each property? 36 Who evaluates the property (including property appraisals and energy audits) and who pays for such evaluations? 37 How does Applicant get information related to codes, permitting, zoning, compliance, etc.? Is such information incorporated into the initial assessment or eligibility verification? 38 Describe any electronic application management system the Applicant make available to property owners. 39 Describe any database of participating contractors the Applicant make available to property owners. 40 Describe any database of participating finance institutions the Applicant makes available to property owners. 41 Describe any information on qualifying rebates and related incentives the Applicant makes available to property owners. 42 Describe Applicant’s customer service support system (e.g., hours of operation, in-house or outsourced, phone, chat, email, etc.) 5.A.a Packet Pg. 16 At t a c h m e n t 5 . A . a : R e q u e s t f o r A p p l i c a t i o n s P A C E 0 9 - 0 6 - 1 8 ( 5 7 1 4 : P r o f e s s i o n a l A d m i n i s t r a t o r S e r v i c e s - P r o p e r t y A s s e s s m e n t C l e a n E n e r g y 12 43 If authorized as an Administrator, will Applicant operate with a physical presence in the County? 44 Describe any savings tracking offered by the Applicant (e.g., estimated energy saved, actual energy saved, estimated cost saved, actual cost saved, etc.). 45 What is the interest rate for financing charged by Applicant’s program as of the date of the Application? 46 What are the available loan/assessment repayment terms? 47 Is there a penalty to the property owner for early repayment of the loan/assessment? If yes, what is the penalty? 48 What is the existing program requirements for “lender consent” versus “lender notice” for residential properties? 49 Describe how the average residential property owner applies for a loan/assessment. 50 What is the average time for a residential application to be approved? 51 Attach as Exhibit 4 all of the documentation Applicant would require a residential property owner to complete assuming the owner is interested in purchasing and installing a SunPower Equinox system (or equivalent) for a 2,500 square foot single-story home in the District. As the first page of Exhibit 4, include a table of contents. As the second page, include system specifications and a summary of all fees and charges the owners would have to pay under Applicant’s program, and identifying the payee or each fee or charge (e.g., application, inspection, financing, purchase cost, installation charges, etc.). Identify any assumptions the Applicant deems necessary or helpful for the County to understand the overall cost and its components. Reminder: A person legally authorized to bind the applicant must sign the application. 5.A.a Packet Pg. 17 At t a c h m e n t 5 . A . a : R e q u e s t f o r A p p l i c a t i o n s P A C E 0 9 - 0 6 - 1 8 ( 5 7 1 4 : P r o f e s s i o n a l A d m i n i s t r a t o r S e r v i c e s - P r o p e r t y A s s e s s m e n t C l e a n E n e r g y 5.A.b Packet Pg. 18 At t a c h m e n t 5 . A . b : M e m o r a n d u m f r o m P u r c h a s i n g M a n a g e r ( 5 7 1 4 : P r o f e s s i o n a l A d m i n i s t r a t o r S e r v i c e s - P r o p e r t y A s s e s s m e n t C l e a n E n e r g y