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Home My WebLink AboutAgenda Packet 09.17.2019SUSTAINABILITY DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, September 17, 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 No. 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 Page 1 of 11 Regular Meeting Tuesday, September 17, 2019 9:00 AM 2 | Page 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. Page 2 of 11 Regular Meeting Tuesday, September 17, 2019 9:00 AM 3 | Page 1.CALL TO ORDER 2.APPROVAL OF MINUTES There are no items scheduled. 3.GENERAL PUBLIC COMMENT 4.CONSENT AGENDA A.PUBLIC WORKS 1.Energy SAD Annual Assessment Resolution Staff recommends Board adoption of the attached resolution and authorization for the Chair to sign documents as approved by the County Attorney. 2.Energy Special Assessment Notice of Intent 2020 Staff recommends the Board’s permission to advertise a public hearing to consider use of the uniform method of collecting special assessments to be held at the Board’s regular day meeting on October 22, 2019. 5.REGULAR AGENDA There are no items scheduled. 6.MOTION TO ADJOURN Page 3 of 11 4.A.1. 2019-46750 DATE:9/17/2019 AGENDA REQUEST TO:Sustainability District PRESENTED BY:Barbara Guettler, MSBU Coordinator SUBMITTED BY:Public Works SUBJECT:Energy SAD Annual Assessment Resolution BACKGROUND: In 2010, the St. Lucie County Board of Commissioners created the Sustainability District (“the District”) for purposes of accomplishing energy efficiency and renewable energy improvements through a Special Assessment District (“SAD”). Property owner participation in the Energy SAD is completely voluntary. In 2012, the District designated the Solar and Energy Loan Fund of St. Lucie County, Inc. (“SELF”) as the program administrator for the District’s Energy Financing Program. The attached 2019 Energy SAD Annual Assessment Resolution includes 51 parcels. The proposed assessment amount per parcel ranges from $4,814.03 to $100,894.00 and will be financed for ten (10) to twenty (20) years at an interest rate ranging from 6.5% to 8.01%. The proposed annual assessment amount per parcel ranges from $721.21 to $14,321.25. PREVIOUS ACTION: October 16, 2018 - The Sustainability District Board approved Resolution No. 18-204, Notice of Intent to levy, and collect non-ad valorem special assessments in 2019 for the Energy SAD. FINANCIAL IMPACT: The revenue generated by the collection of special assessments for the Energy SAD will be utilized to repay the loan obtained to fund the improvements. Funds will be deposited into the Energy SAD Fund (191-4115- XXXXXX-4920). RECOMMENDATION: Staff recommends Board adoption of the attached resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Page 4 of 11 RESULT: MOVER:None SECONDER:None AYES:None NAYS:None EXCUSED:None Coordination/Signatures Don West, Public Works Director 8/21/2019 Daniel McIntyre, County Attorney 8/21/2019 Mark Satterlee, Deputy County Administrator 8/22/2019 Page 5 of 11 1 RESOLUTION NO. 19- A RESOLUTION OF THE ST. LUCIE COUNTY SUSTAINABILITY DISTRICT APPROVING THE DISTRICT'S FISCAL YEAR 2019-20 NON-AD VALOREM ASSESSMENT ROLL; DIRECTING CERTIFICATION OF THE ASSESSMENT ROLL TO THE ST. LUCIE COUNTY TAX COLLECTOR; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE GOVERNING BOARD OF THE ST. LUCIE COUNTY SUSTAINABILITY DISTRICT AS FOLLOWS: SECTION 1.AUTHORITY. This Resolution of the St. Lucie County Sustainability District (the "District") is adopted pursuant to the provisions of Article VI of Chapter 40 of the Code of Ordinances (the "Ordinance") of St. Lucie County, Florida (the "County"), Chapter 189, Florida Statutes, Sections 163.08 and 197.3632, Florida Statutes, and other applicable provisions of law (collectively, the "Act"). SECTION 2.DEFINITIONS.Capitalized terms not otherwise defined herein shall have the meanings set forth in the Ordinance or the Act. SECTION 3.FINDINGS.It is hereby ascertained, determined and declared as follows: (A)The County enacted the Ordinance in order to create the District and establish the Energy Financing Program which offers qualified owners of real property an opportunity to acquire and finance certain facilities and improvements, including energy efficiency, conservation and sustainability improvements, as authorized by the Act (the "Qualifying Improvements"). (B) The District is authorized by the Act and the Ordinance to impose special assessments, sometimes referred to as non-ad valorem assessments, upon real property within the District to provide for the funding of Qualifying Improvements. (C)The special assessments are imposed by the District pursuant to financing agreements entered into with the owners of real property who voluntarily apply for, and who are approved for, the financing of Qualifying Improvements (the "Financing Agreements"). (D)Such Financing Agreements provide for, among other things, repayment of the costs associated with Qualifying Improvements through special assessments imposed Page 6 of 11 2 by the District upon the real property benefitted by the improvements, and collection of the assessments in annual installments pursuant to the uniform method of collecting non- ad valorem assessments set forth in Section 197.3632, Florida Statutes. (E)The District's execution of Financing Agreements, imposition of special assessments and collection of same pursuant to the uniform method are expressly authorized by Section 163.08, Florida Statutes. (F)The District adopted Resolution No. 2018-204 on October 16, 2018, expressing the District's intent to use the uniform method for collecting the non-ad valorem assessments levied within the District, commencing in November, 2019. (G) The Governing Board of the District wishes to hereby approve and certify the District's non-ad valorem assessment roll for fiscal year 2019-20 and to direct certification of such roll to the Tax Collector for collection of the special assessments in November, 2019. (H)The Assessments are imposed by the District, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this Resolution shall be construed solely as ministerial. SECTION 4.APPROVAL AND CERTIFICATION OF ASSESSMENT ROLL. (A)The District's non-ad valorem assessment roll for fiscal year 2019-2020 lists all of the properties subject to special assessments imposed by the District pursuant to Financing Agreements, and the amount of the annual installment to be collected from each for such fiscal year. Such non-ad valorem assessment roll, a copy of which is on file with the County Engineering Department and incorporated herein by reference, is hereby confirmed and approved. (B)The County's MSBU Coordinator is hereby authorized and directed to certify the foregoing assessment roll to the Tax Collector by September 19, 2019, as authorized by Emergency Order Number 19-001 issued by the Florida Department of Revenue on September 3, 2019. The assessment roll as delivered to the Tax Collector shall be accompanied by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix A. SECTION 5.SEVERABILITY.If any clause, section, or other part of this resolution shall be held by any court of competent jurisdiction unconstitutional or Page 7 of 11 3 invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affects the validity of the other provisions in this resolution. SECTION 6.EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. Passed and adopted by the St. Lucie County Sustainability District at a regular meeting duly called this 17th day of September, 2019. ST. LUCIE COUNTY SUSTAINABILITY DISTRICT By: Chair ATTEST:Approved as to Form: Deputy Clerk County Attorney Page 8 of 11 APPENDIX A FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the St. Lucie County MSBU Coordinator and authorized agent of the St. Lucie County Sustainability District (the "District") located in St. Lucie County, Florida; as such I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for the District (the "Non-Ad Valorem Assessment Roll") is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by September 19, 2019. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this _____ day of September 2019. ST. LUCIE COUNTY SUSTAINABILITY DISTRICT By: ________________________________ Barbara Guettler, MSBU Coordinator Page 9 of 11 4.A.2. 2019-46751 DATE:9/17/2019 AGENDA REQUEST TO:Sustainability District PRESENTED BY:Barbara Guettler, MSBU Coordinator SUBMITTED BY:Public Works SUBJECT:Energy Special Assessment Notice of Intent 2020 BACKGROUND: One of the funding methods available for the capital improvements and essential services is through non-ad valorem special assessments levied on specially-benefited properties within the proposed special assessment districts and collected using the uniform method pursuant to Section 197.3632, Florida Statutes. In order to preserve this collection option, it is necessary for the Board to adopt resolutions expressing its intent to use the uniform method commencing in November, 2020. The resolutions must be considered at a duly advertised public hearing held prior to January 1, 2020. The resolution, which will be provided before the public hearing, does not in any way obligate the County to levy the special assessments; rather, it simply preserves the County’s option to use the uniform method of collection if a special assessment is levied. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available from the advertising account in the Energy MSBU program within the Transportation Trust Interlocals Fund (101001-4115-549000-4920). RECOMMENDATION: Staff recommends the Board’s permission to advertise a public hearing to consider use of the uniform method of collecting special assessments to be held at the Board’s regular day meeting on October 22, 2019. COMMISSION ACTION: RESULT: Page 10 of 11 MOVER:None SECONDER:None AYES:None NAYS:None EXCUSED:None Coordination/Signatures Don West, Public Works Director 8/21/2019 Daniel McIntyre, County Attorney 8/21/2019 Mark Satterlee, Deputy County Administrator 8/27/2019 Page 11 of 11