HomeMy WebLinkAboutAgenda Packet 08.14.2018 - Informal
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SUSTAINABILITY DISTRICT
AGENDA
ST. LUCIE COUNTY
Informal Meeting
Tuesday, August 14, 2018
9:01 AM
Conference Room #3
2300 Virginia Ave.
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
COUNTY COMMISSION MEMBERS
District No. 3, Chair
LINDA BARTZ
District No. 5, Vice-Chair
CATHY TOWNSEND
District No. 1
CHRIS DZADOVSKY
District No. 2
ANTHONY BONNA
District No. 4
FRANNIE HUTCHINSON
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
Informal Meeting Tuesday, August 14, 2018 9:01 AM
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CALL TO ORDER - COMMISSIONER BARTZ, CHAIR SUSTAINABILITY DISTRICT
DISCUSSION ITEM
1. Solar Energy Loan Fund (SELF) Background and Inland Funding Agreement Extension
2. P.A.C.E. Program Expansion
ADJOURNMENT
COUNTY ATTORNEY
The purpose for this memorandum is to provide the Board with background on the
County’s involvement in the creation of the Solar and Energy Loan Fund (“SELF”) as well
as the current status of agreements with SELF.
In 2009-2010, the County applied for and received a grant from the Federal Government
in the amount of $2,941,500.00 to implement “The Kicking Kilowatts on the Treasure
Coast” energy improvement project. As part of the County’s strategy for implementing
the federal grant and establishing a Property Assessed Clean Energy (“PACE”) program,
the County adopted Ordinance No. 10-025 which created the St. Lucie County
Sustainability District (“District”). A copy of Ordinance No. 10-025 is attached. The
County also facilitated the creation of a not-for-profit corporation known as the Solar and
Energy Loan Fund (“SELF”). The initial purpose of SELF was to assume the County’s
administrative responsibility under the federal grant. On December 7, 2010, the Board
approved an agreement with SELF for SELF to assume the County’s responsibilities under
the grant.
The County eventually decided to continue the County’s PACE program beyond the terms
of the federal grant. On July 3, 2012, the County’s Sustainability District entered into an
Administrative Agreement with SELF to administer the District’s PACE program. This
Agreement is still in effect, having renewed on July 1, 2018 for an additional 2 years. The
Agreement does provide that the District can terminate the Agreement without cause
with 90 days notice. A copy of the July 3, 2012 Administrative Agreement is attached.
On August 19, 2014, the District, Inland St. Lucie PACE, LLC (“Inland”) and SELF entered
into a Special Assessment Funding Agreement. The District entered into the Funding
Agreement in order to obtain a loan (“Loan”) in the form a non-revolving line of credit in
the not to exceed amount of $1,000,000.00 from Inland for purposes of funding PACE
financing program for owners of commercial property that would be repaid through
voluntary special assessments. The District issues its Taxable Special Assessment Bond
Series 2014 (“Bond”) to evidence its obligations to repay the Loan. The Funding
Agreement provided that Inland would have the exclusive right to fund all financing
agreements between the District and property owners for qualifying improvements for
non-residential and multi-family parcels through the Maturity Date.
On October 4, 2016, the District, Inland, and SELF entered into an amendment to the
Funding Agreement (“First Amendment”) in order to:
1. Provide for refinements to the Energy Financing Program.
2. Approve an allonge to the Bond to extend the maturity date of the Bond and the
Loan to September 1, 2018.
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3. Provide that Qualifying Improvements may be financed for residential properties.
Please note that there is an item on the Board’s August 7, 2018 agenda that, if adopted,
would further extend the maturity date of the Bond and the Loan to September 1, 2020.
Challenges to Implementing Residential PACE Programs because of federal housing
program policies.
In July 2016, the U.S. Department of Housing and Urban Development (“HUD”) and the
Federal Housing Administration (“FHA”) announced guidelines affirming that PACE
financing should be treated as any other special assessment and not as a traditional loan
product thereby addressing an impediment in federal policy to the financing of
improvements for residential properties.
An FHA loan is a residential mortgage issued by a federally qualified lending institution
(Wells Fargo, Bank of America, etc.) and insured by the Federal Housing Administration,
a branch of HUD. FHA loans are designed for low-to-moderate income borrowers who
are unable to make a large down payment or have low credit scores. According to
statistics published by HUD, FHA loans accounted for 19.5% of residential purchase
mortgages and 12.0% of residential refinancing mortgages in 2017.
Shortly after the advent of PACE financing, FHA expressed concerns that PACE
assessments presented a risk of loss for FHA since PACE assessments have priority
payment status over mortgages. The same concerns were expressed by the Federal
National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage
Corporation (Freddie Mac), the federal instrumentalities which purchase residential
mortgages through the secondary mortgage market. As a result of such concerns, FHA
refused to insure mortgages for residential property subject to PACE assessment, causing
an impediment to the financing of improvements for residential property subject to an
FHA mortgage.
As outlined above, FHA changed its position in 2016 and issued guidelines to lending
institutions that PACE assessments are equivalent to any other governmental assessment,
and that residential property subject to a PACE assessment was not disqualified from
eligibility for an FHA purchase or refinance loan.
In December 2017, FHA reversed its 2016 decision to allow PACE assessments on
residential properties, citing renewed concerns over the potential for FHA losses. As a
result, residential properties encumbered with PACE assessments are not currently
eligible for FHA mortgages.
The FHA policy reversal does not prohibit all residential PACE financing, and PACE
providers throughout Florida and elsewhere continue to offer financing for residential
property. The policy change only affects PACE eligibility for property owners who
currently have an FHA mortgage or who may in the future seek to purchase or refinance
residential property with an FHA mortgage. Potential implications for PACE borrowers
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are summarized as follows:
A PACE assessment must be paid in full before a property can be purchased with
an FHA mortgage, or the PACE assessment must be rolled into the FHA mortgage
so that the PACE assessment is retired and the FHA mortgage has senior lien
status.
Residential property with a PACE assessment may be refinanced with an FHA loan
only if the PACE assessment is paid in full (or rolled into the FHA refinance loan) in
conjunction with the refinancing.
Under the District’s PACE program, applicants for financing are generally required
to obtain written consent of any mortgage holder prior to entering into a
Financing Agreement, and presumably those applicants whose property is
currently subject to an FHA mortgage would not receive that consent (Inland is
authorized by the Funding Agreement to waive the requirement for mortgagee
consent where the PACE assessment does not exceed 20% of the just value of the
property).
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DRAFT: June 18, 2018
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SECOND AMENDMENT TO
SPECIAL ASSESSMENT FUNDING AGREEMENT
(ENERGY AND SUSTAINABILITY FINANCING PROGRAM)
This SECOND AMENDMENT ("Second Amendment") to the SPECIAL
ASSESSMENT FUNDING AGREEMENT (ENERGY AND SUSTAINABILITY
FINANCING PROGRAM) (as previously amended, the "Funding Agreement") is made
and entered into this _____ day of ___________, 2018 by and between the ST. LUCIE
COUNTY SUSTAINABILITY DISTRICT (the "District"), a dependent special district of
St. Lucie County, Florida, INLAND ST. LUCIE PACE, LLC (the "Lender"), and the
SOLAR AND ENERGY LOAN FUND OF ST. LUCIE COUNTY, INC., a community
development financial institution ("SELF").
W I T N E S E T H:
WHEREAS, capitalized terms used herein and not otherwise defined shall have
the meanings specified in the Funding Agreement; and
WHEREAS, the Funding Agreement established a non-revolving line of credit
from which the District draws funds to provide for the financing of Qualifying
Improvements pursuant to Financing Agreements entered into between the District and
property owners who voluntarily apply for and are approved for such financing; and
WHEREAS, the Funding Agreement established the Maturity Date for the line of
credit and provided for extension of the Maturity Date upon approval in writing by the
Lender; and
WHEREAS, the Lender has previously approved an extension of the Maturity
Date from September 1, 2016, to September 1, 2018; and
WHEREAS, the District has requested an additional extension of the Maturity
date through September 1, 2020; and
WHEREAS, the parties hereto execute this Second Amendment in order to
provide for such extension of the Maturity Date through September 1, 2020.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. Recitals Incorporated. The above recitals are true and correct and
incorporated herein.
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DRAFT: June 18, 2018
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Section 2. Amendments to Funding Agreement. The definition of "Maturity
Date" set forth in Section 1.01 of the Funding Agreement is amended as follows, with
additional text indicated by underline and with deleted text by strikethrough:
"Maturity Date" means September 1, 20202018.
Section 3. Effective Date. This Second Amendment shall be effective as of
___________, 2018.
IN WITNESS WHEREOF, the parties hereto have caused this Second
Amendment to the Funding Agreement to be duly executed as of the date first set forth
herein.
ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
(SEAL)
By:
Chair
ATTEST: Approved as to Form:
Deputy Clerk County Attorney
SOLAR AND ENERGY LOAN FUND OF
ST. LUCIE COUNTY, INC.
By:
Name: Doug Coward
Title: Executive Director
INLAND ST. LUCIE PACE, LLC
By:
Name: Mark Pikus
Title: President
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RESOLUTION NO. 2018-XXX
A RESOLUTION OF THE ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT APPROVING A SECOND
AMENDMENT TO THE FUNDING AGREEMENT BETWEEN
THE DISTRICT, THE SOLAR AND ENERGY LOAN FUND OF
ST. LUCIE COUNTY, INC. AND INLAND ST. LUCIE PACE,
LLC IN ORDER TO, EXTEND THE MATURITY DATE OF THE
LINE OF CREDIT CONTEMPLATED BY THE FUNDING
AGREEMENT; AUTHORIZING THE CHAIR AND OTHER
DISTRICT OFFICIALS TO TAKE SUCH ACTIONS AND
EXECUTE SUCH OTHER DOCUMENTS AS MAY BE
NECESSARY TO EFFECTUATE THE PURPOSES HEREOF;
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 Chapter 1-19 of the
Code of Ordinances (the "Ordinance") of St. Lucie County, Florida (the "County"), Chapter 189,
Florida Statutes, Section 163.08, Florida Statutes, County Resolution No. 10-259, 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, County Resolution No. 10-259, District
Resolution No. 14-107, and the Special Assessment Funding Agreement (Energy and
Sustainability Financing Program) by and between the District, Inland St. Lucie PACE, LLC (the
"Lender"), and the Solar and Energy Loan Fund of St. Lucie County, Inc. ("SELF") dated as of
August 19, 2014 (the "Funding Agreement").
SECTION 3. FINDINGS. It is hereby ascertained, determined and
declared as follows:
(A) The District entered into the Funding Agreement in order to obtain a non-
revolving line of credit in the not to exceed amount of $1,000,000 (the "Loan") from the Lender for
purposes of funding a Property Assessed Clean Energy ("PACE") financing program (the "Energy
Financing Program") pursuant to which qualified owners of commercial property could acquire
Qualifying Improvements and repay the costs associated with such improvements through
voluntary special assessments imposed by the District.
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(B) The District issued its Taxable Special Assessment Bond, Series 2014, to evidence
its obligation to repay the Loan (the "Bond").
(C) Since execution of the Funding Agreement, the U.S. Department of Housing and
Urban Development and the Federal Housing Administration have announced guidelines
affirming that PACE financing should be treated as any other special assessment and not as a
traditional loan product, thereby addressing an impediment in federal policy to the financing of
Qualifying Improvements for residential properties.
(D) On October 4, 2016, The District, the Lender and SELF entered into an amendment
to the Funding Agreement (the "First Amendment to Funding Agreement") in order to, among
other things, (1) provide for refinements to the Energy Financing Program which the parties have
identified as desirable or advantageous as the program has been administered over time, (2)
approve an allonge to the Bond (the "Allonge") to extend the maturity date of the Loan and the
Bond to September 1, 2018, and (3) provide that Qualifying Improvements may be financed for
residential properties.
(E) The District, the Lender and SELF wish to enter into a Second Amendment to the
Funding Agreement (the “Second Amendment to Funding Agreement”) in order to approve an
allonge to the Bond (the “Allonge”) to extend the maturity date of the Loan and Bond to
September 1, 2020.
SECTION 4. APPROVAL OF SECOND AMENDMENT TO FUNDING
AGREEMENT AND ALLONGE. The District hereby approves the Second Amendment to
Funding Agreement and the Allonge in in the forms attached hereto as Appendix A, and
authorizes the Chair to execute and deliver, and the Clerk of the District (the "Clerk") to attest, on
behalf of the District, the Second Amendment to Funding Agreement and the Allonge with such
changes, insertions, and additions as the Chair may approve after consultation with the County
Attorney, the Chair's execution thereof being evidence of such approval and by this reference
made a part hereof with such changes as may be approved by the County Administrator and
approved as to legal form and sufficiency by the County Attorney. The Chair, Clerk and other
District officials are further authorized to take such other actions and execute and deliver any
other documents which may be necessary or desirable to effectuate the purposes of this
Resolution and the Second Amendment to Funding Agreement.
[Remainder of Page Intentionally Left Blank]
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SECTION 5. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
Passed and adopted by the St. Lucie County Sustainability District at a regular meeting
duly called this _____ day of _____________________, 2018.
ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
By:
Chair
ATTEST: Approved as to Form:
Deputy Clerk County Attorney
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APPENDIX A
FORM OF
SECOND AMENDMENT TO FUNDING AGREEMENT
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FORM OF ALLONGE TO BOND
ALLONGE NO. 2 TO
ST. LUCIE COUNTY SUSTAINABILITY DISTRICT
TAXABLE SPECIAL ASSESSMENT BOND,
SERIES 2014
This Allonge No. 2, dated as of _______________________, 2018, is to be attached to and
made a part of the St. Lucie County Sustainability District Taxable Special Assessment Bond,
Series 2014 dated August 19, 2014 consisting of one bond in the original aggregate principal
amount of $1,000,000.00 bearing interest at an adjustable rate as provided therein, and with an
original maturity date of September 1, 2016 (the “Bond”) as extended by Allonge No. 1 to
September 1, 2018. The Bond is held by Inland St. Lucie PACE, LLC (the “Original Purchaser”).
Effective as of the date hereof, the maturity date of the Bond shall be further extended, the
maturity date of the Bond shall no longer be September 1, 2018 and the maturity date of the bond
shall hereafter be September 1, 2020.
(SEAL) ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
BY: ___________________________________
Chair
ATTEST: APPROVED AS TO FORM
CORRECTNESS:
BY: ________________________________ BY: __________________________________
Clerk of Circuit Court, ex-officio County Attorney
Secretary/Treasurer of the Board
of County Commissioners
The Owner, as the registered owner of the Bond, hereby understands, acknowledges and
consents to the foregoing.
Date: ______________________, 2018 INLAND ST. LUCIE PACE, LLC
BY: __________________________________
Name: Mark Pikus
Title: President
This Allonge No. 2 shall be appended to and shall modify and amend and become a part
of the Bond
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ORDINANCE NO. 10-025
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
CREATING CHAPTER 1-19 "SUSTAINABILITY AND
ENERGY IMPROVEMENT," AND ENACTING ARTICLE I
ENTITLED "ST. LUCIE COUNTY SUSTAINABILITY
DISTRICT" OF THE CODE OF LAWS OF ST. LUCIE
COUNTY, FLORIDA, PROVIDING FOR CREATION OF THE
SPECIAL DISTRICT, ITS PURPOSE AND AUTHORITY;
IMPROVEMENTS; USES OF NON-AD VALOREM
ASSESSMENTS; DEFINITIONS; ELIGIBLE PROPERTY
OWNERS; ENERGY AUDITS AND AGREEMENTS;
PROVIDING FOR ALTERNATIVE USE OF STATUTORY
ASSESSMENTS FOR ENERGY IMPROVEMENTS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, St. Lucie County, Florida (the "County") is anon-charter county and
political subdivision of he State of Florida ("State"), duly organized and operating under the
Constitution and the laws of the State;
WHEREAS, pursuant to Article VII, Section 10 of the Florida Constitution, Chapter
125, F.S., and Chapter 189, F.S., the County is authorized to form an Energy Improvement
District for the purpose of encouraging, accommodating, and f financing energy efficiency and
renewable energy improvements (both as defined in this Ordinance) on residential and
commercial properties in the County; and
WHEREAS, the County desires to form the St. Lucie County Sustainnbility District
the "District") pursuant to the Florida Constitution for the purpose of accomplishing the
energy efficiency and renewable energy improvements, including paying the costs necessary
and incidental thereto through non-ad valorem assessments; and
WHEREAS, the State of Florida has declared it the public policy of the State to
develop energy management programs aimed at promoting energy conservation; and
WHEREAS, home and business energy consumption accounts for approximately 70%
of the overall usage of electric energy; and
Underlined passages are added. -1- 5-r"ek-t~w~h passages are added.
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WHEREAS, the State of Florida has adopted a schedule for increasing the energy
performance of buildings subject to the Florida Energy Efficiency Code for Building
Construction Chapter 553, F.S.; and
WHEREAS, there is a vast quantity of existing structures with many years of
remaining life before replacement, and these structures are not as energy efficient as
today's standards, nor do many existing buildings have renewable energy systems installed to
provide some or all of their electric energy needs; and
WHEREAS, a major contributor to statewide and County greenhouse gas emissions is
the inefficient use of energy by existing occupied building stock; and
WHEREAS, installing energy efficiency and renewable energy improvements on
existing structures can provide significant progress towards greenhouse gas reductions and
increased energy conservation in the County and statewide; and
WHEREAS, installing energy efficiency and renewable energy improvements on
existing structures can provide significant progress towards greenhouse gas reductions and
increased energy conservation in the County and statewide; and
WHEREAS, reductions in greenhouse gas emissions will improve air quality, lower fossil
fuels use, create energy independence and security, promote the creation of jobs and
economic development by stimulating "green industries" and save its citizens money by
reducing energy consumption; and
WHEREAS, existing homeowners, and business property owners, may be highly
leveraged on their properties and the current housing market may prevent property owners
from financing these types of projects with traditional equity f financing options; and
WHEREAS, the expected life of energy efficiency and renewable energy projects may
require a longer term payback period than offered by traditional equity financing may afford
necessitating an alternative financing option to install the improvements; and
WHEREAS, the formation of a Sustainability District, and the voluntary participation
in the program by property owners, will provide an alternative financing option to install the
improvements; and
WHEREAS, the District will provide financing to a property owner who participates
in the program through non-nd valorem assessments levied on the property, pursuant to
Underlined paswges are added. -2- SMreMil~rough passages arc added.
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Chapter 197, F.S., where the improvements occur to minimize risk of failure for non-payment
of the District's funds; and
WHEREAS, the District will have options to raise capital to fund the program through
federal or state grant funds, private loans from a financinl institution, state or federal loan
or bond guarantee programs or other private or not-for-profit sources of funds; and
WHEREAS, local governments within Florida and nationally have either formed, or are
contemplating the formation of, special districts to provide alternative financing options
allowing a property owner to finance energy efficiency and renewable energy improvements
through non-ad valorem assessments repaid through their property taxes; and
WHEREAS, the County finds that local needs and conditions warrant the formation
of the District ns an economical means to implement its energy efficiency and renewable
energy goals and the Board of County Commissioners desire to enact an ordinance creating
anew Chapter 1-19 entitled "Sustainability and Energy Improvement," Code of Ordinances of
St. Lucie County, relating to n Sustainability District.
WHEREAS, the County desires to take advantage of the alternative special
assessment provisions and procedures created by section 163.08, Florida Statutes, to provide
for energy conservation and efficiency improvements, renewable energy improvements and
wind resistence improvements.
BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida,
as follows, that:
Section 1. That the Code of Laws of St. Lucie County, Florida, is hereby amended
by adding a new Chapter 1-19 entitled "Sustainability and Energy Improvement", including
Article I thereof "St. Lucie County Energy Improvement District" to read as follows:
Section 1-19.1 Declaration of District. Pursuant to and in accordance with
the Florida Constitution and Florida Statutes X125 O1 the County hereby forms the "St.
Lucie County Sustainnbility District" (the District") as a "dependent special district" within
the meaning of Chapter 189 Florida Statutes.
Section 1-19.2 Findings The Board makes the following specific findings:
A. A program designed to provide residential commercial and business properties
the financial means required to reduce electricityconsumption will help reduce the burden
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of greenhouse gns emissions otherwise created by_property in Florida and potentially mitigate
adverse impacts to Florida property and the environment.
B. Eneray conservation and efficient and clean energy improvements to
residential commercial industrial and other buildings facilities and improvements can reduce
greenhouse gas emissions resulting from the use of improved property Ener4v conservation
and efficiency and clean energy improvements can protect and preserve Florida property by
diminishing energy demand and environmental burdens.
C. The up front costs of energy conservation and efficiency and clean energy
improvements necessary to reduce greenhouse gns emissions inhibits or prevents many
property owners from making such improvements.
D. To make energy conservation and efficiency and clean energy improvements
more affordable and assist~roperty owners who wish to undertake them it is necessary to
authorize a procedure for enabling property owners on a voluntary basis to finance such
improvements and make repayments in the form of special assessments collected on their
property tax bills.
E. The County herebydetermines that the actions authorized under Chapter 1-19,
Code of Laws including but not limited to the establishment of the sustainnbility district, the
financing therein of qualifying improvements through the execution of financing a4reements
and the related imposition of voluntary special ornon-ad valorem assessments, are reasonable
and necessary to serve an important ~ublicpurpose• and are necessary for the prosperity and
welfare of the Counter and its property owners and inhabitants.
Section 1-19.3 Description of District The Districts will consist of, and shall
include property within thegeographicnl boundaries of the County as set forth in Section
7 59 Florida Statutes and if an~such~roperty is located within any municipality in the
County such~ropertx shall be so included in the District unless such municipality shall have
enacted nn ordinance setting forth the exclusion of property within its boundaries from the
District.
Section 1-19.4 District Board The membership of the District's Board shall be
identical to the Board of County Commissioners of St. Lucie County.
Section 1-19.5 PurQose of the District The~urpose of the St. Lucie County
Sustainnbility District (the "District") is to accomplish energy efficiency and renewable
energy imRrovements ns well as brooder sustainability issues such as water conservation on
residential and commercial properties ~ financing such improvements to be rednid through
Underlined passages arc added. -4- SMiek-i1~su~k passages arc added.
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non-ad valorem assessments on the property owner's property taxes.
Section 1-19-6. Authority of the District. The District shall have, and the
Board may exercise by majority vote, the following powers:
A. To sue and be sued in the name of the District, to adopt and use a seal and
authorize the use of a facsimile thereof. and to make and execute contracts and other
instruments necessary or convenient to the exercise of its powers.
B. To contract for the services of consultants to perform planning, engineering]
legal, or other professional services.
C. To borrow mone~and accept gifts, to apply for and use grants or loans of money
or other propertyfrom the United States, the state, a unit of local government, or any
person for any District purpose and enter into agreements required in connection therewith
and to hold use sell and dispose of such moneys or property for any District purpose in
accordance with the terms of the sift, grant, loan, or agreement relating thereto.
D. To adopt resolutions and procedures prescribing the powers, duties, and
functions of the officers of the District; the conduct of the business of the District; the
maintenance of records; and the form of other documents and records of the District. The
Board may also adopt ordinances and resolutions that are necessary to conduct District
business, if such ordinances do not conflict with any ordinances of a local general purpose
government within whose jurisdiction the District is located. Any resolution or ordinance
adopted by the Board and approved by referendum vote of District electors may only be
repealed by referendum vote of District electors.
F. To acquire, b~purchase, lease, a
personal property or any estate therein for nn'
sell, or otherwise dispose of surplus real or
equipment by an installment sales contract if
installments on the equipment and to pn~the ai
and indebtedness.
ift, dedication, devise. or otherwise. real and
rdurpose authorized b~this act and to trade.
personal property. The Board may purchase
funds are available to pay the current year's
mounts due that year on all other installments
G. To hold, control, and acquire by donation or purchase any public easement.
dedication to public use, platted reservation for public purposes, or reservation for those
purposes authorized by this act and to use such easement, dedication, or reservation for any
purpose authorized by this act consistent with applicable adopted local government
comprehensive plans and land development regulations.
Underlined passages arc added. -5- ~h passagu arc added.
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H. To lease as lessor or lessee to or from any person, firm. corporation,
association or body public or private any facility or property of any nature for the use of
the District when necessary to carryout the District's duties and authority under this act.
I. To borrow money and issue bonds revenue anticipation notes, or certificates
payable from and secured bra nledg_e of funds revenues assessments, warrants, notes. or
other evidence of indebtedness and mortgage real and personal property when necessary to
carry out the District's duties and authority under this act.
To charge user fees and assessments authorized by resolution of the Board,
in amounts necessary to conduct District activities and services, and to enforce their receipt
and collection in the manner prescribed by resolution and authorized by law.
K. To cooperate or contract with other~ersons or entities including other
governmental agencies as necessary convenient incidental or proper in connection with
providing effective mutual aid and furthering an~power duty or purpose authorized by this
act.
L. To assess and impose upon real property in the District non-nd valorem
assessments as authorized by this act.
M. To impose and foreclose non-ad valorem assessment liens as provided by this
act or to impose collect and enforce non-ad valorem assessments pursuant to Chapter 197,
Florida Statutes.
N. To select as a depository for its funds any qualified public depository as
defined in Section 280 02 Florida Statutes which meets all the requirements of Chapter
280 Florida Statutes and has been designated by the Chief Financial Officer as n qualified
public depository upon such terms and conditions as to the payment of interest upon the
funds deposited as the Board deems just and reasonable.
O. To provide financing_to owners of residential and commercial property within
the Sustainability District authorized for the purposes of this Chapter.
Section 1-19.7 Description of Improvements The improvements to be financed
by the County for~roperties within the District shall consist of. and shall be limited to, any
improvements constituting "energy eff iciency" "renewable energy improvements", or broader
sustninability improvements such as water conservation as defined herein. The improvements
to be constructed on each .property shall be set forth in a written agreement executed
between the property owner and the District.
u"dur~,~d ~~y« aye aae~d. -b- s-,~-++,.~~ v~~~ ~ ~aa.
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Section 1-19.8 Finnnci ~ The cost of the improvements undertaken by the
property owner and financed by the District shall be assessed on the related aroperty in the
amount or amounts set forth in the written agreement for such property and shall be
f financed ~ federal or state grant funds special assessment bonds,~rivnte loans from a
financial institution state or federal loon or bond guarantee programs or other private or
not for profit sources of funds which shall be~a~able through non-ad valorem assessments
the~roperty owner.
Section 1-19.9 Non-nd valorem assessments Pursuant to Chapter 197, F.S., non
nd valorem assessments levied pursuant to this Ordinance shall remain liens. coequal with the
lien of all state county district and municipal taxes superior in dignity to all other liens,
titles and claims, until paid.
Section 1-19.10 Definitions.
A. Energy efficiency improvement A material improvement made to an
existing residential or commercinl~ropert~that reduces energy consumption, including but
not limited to:
i. Caulking weatherstripping (cost of weatherstripping shall not
exceed f fifteen hundred dollars) and air duct sealingi
ii. Insulation in walls roofs floors foundations and in heating and
cooling distribution systems radiant barriers;
iii. Heating and cooling system upgrades combined heat and power
stems automatic energy control systems heating ventilating or air conditioning and
distribution system modifications or replacements in homes buildings or central plants
including microturbines and fuel cells;
iv. Storm or weathertight windows and doors multiglazed windows
and doors heat-nbsorbin~ or heat-reflective glazed and coated windows and door systems.
additional Glazing reductions in glass area and other window and door system modifications
that reduce energy consumption;
v_. Replacement or modification of lig_htinq f fixtures to increase the
energy efficiency of the system without increasing the overall illumination of a residential
or commercial building unless such increase in illumination is necessary to conform to the
ap~licnble building code for the proposed lighting system;
u~i~~a v~sayu arc ~. -7- s-~ ~~yu arc aea~d.
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vi. High efficiency water or pool heating systems;
vii. Permanent rainwater harvesting systems reducing energy
demands such as cisterns or rain barrels for capture. storage and reuse of water.
viii. Reflective roof or other cool roof systems that increase solar
reflectance and thermal emittance.
ix. Commercial refrigeration system upgrades and systems for heat
recovery from compressors and condensers.
x. An energy efficiency improvement does not include a household
appliance such as a washing machine or refrigerator that is not permanently fixed to real
ro er
B. Renewable energy improvement. Any fixture, product, system. device
or interacting Group of devices installed behind the meter on any residential or commercial
building that produces energy from renewable resources including but not limited to
photovoltaic systems small wind systems. biomass systems, or biogas or methane recovery
stems, as may be authorized.
C. Broader sustainability improvements. Includes improvements such as
water conservation thru improved sustninnbility.
Section 1-19.11 Eligible property owners. An eligible property owner (or
propertX) must meet the following criteria:
A. Be the legal owner and provide proof of ownership in the application for
the program.
B. Property must be located within St. Lucie County.
C. Property owner must be current on property taxes, and show no
delinquency in the Inst five years or such shorter period during which the applicant has owned
the property on the property subject of the application for improvements.
D.
by the property.
Property owner must be current on any mortgage or other debt secured
Underlined passages arc added. -~- 5trueN-fi~re~rgh passages ar'e added.
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E. Property owner cannot be in bnnkruptc~nor can the property be an asset
in any bankruptcy aroceedin~
F. Property cannot be in foreclosure.
G. Property cannot have any federal income tax lien, judGment lien or
similar involuntary lien encumbering the property.
H. Improvements must be reasonable for the scope of the property project
and to the property value in accordance with guidelines approved by the District.
Section 1-19.12 Energy Savings Audit. If required, an energy savings audit shall
be conducted by n qualified energy auditor or a certified building energy rater. The District
shnll,~rovide a list of, and set forth the minimum standards for, qualified or certified
auditors and raters. At a minimum. the energy savings audit shall include the following
information:
A. Recommendations for energy savings measures;
B. Estimated energy savings and a priority ranking for each measure;
C. Estimated renewable energy to be produced;
Q Estimated Greenhouse gas reduction; and
E. Estimated cost savings resulting from the implementation of the
recommendations and use of funds made available by the District.
The Board may establish an alternative process to meet this requirement, but that
process must be based upon professionally accepted methodologies for documenting the
information required herein.
Section 1-19.13 Addlicntion. An eligible property owner must submit a complete
application to the District for its a,~proval. A complete application shall include the following
information:
A. Proof of ownership and locution of the property. Organizational
documents if the property owner is not on the title as an individual.
Underlined Passages are added. _9_ sin~M-.~rou~h aassayu arc added.
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B. Documentation showing the structure or building. subject of the
application is an existing structure or building on the date of application.
C. A cost estimate for the installation of the energy savings measures
completed b~y a Florida licensed contractor (including the name and license number of the
contractor) This estimate shall include all construction costs equipment, permitting fees,
recording fees for the assessment of liens energy audit costs and contingency fees.
Estimated costs shall be reasonable for the scone of the proposed project and in relation to
the propertx value.
D. Written documentation indicntin~ that the propertX,owner is current in
the mortgage if one exists on thepropert~ and that there are no federal or state tax liens,
judgments liens or similar involuntary liens against the property subject of the application.
E. Disclosure regarding non-ad valorem assessments.
F. State of Florida Fair Lending Notice as required.
Section 1-19.14 Written nareement Upon submittal of a complete application
to enter into the program as approved by the District the property owner shall enter into
a voluntary written agreement with the District that shall constitute the property owner's
consent to be subject to a non-ad valorem assessment as set forth in Section 1-19.8 of this
Ordinance The written agreement shall be recorded and provide for the following:
A. The maximum limit of the finnncin~ for the program shall be $50,000
or 20% of assessed value whichever is greater, per property unless:
i. A higher financing amount is consented to by the mortgage holder
on the property, if one exists, and
ii. The energy audit or information on energy savings measures
provided in the application shows a demonstrated high level of energy savings that is equal
to or greater than the proposed assessment amount or renewable energy produced over the
duration of the financing.
B. Express volunta~ consent to accept the non-ad valorem assessment has
been given.
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C. The length of time permitted for the property owner to repay the non-
ad valorem assessment shall not exceed 20 dears including the term, interest rate and
administrative and financing fees.
The property owner shall be responsible for assuring the improvements
are completed as reflected in the approved application documents. The property owner also
consents to providing access to property to the County to verify that the improvements have
been completed as proposed in the application.
At the time of a transfer of property ownershiR,
the past due balances of any non-ad valorem assessment under this Subsection shall be due
for payment, but future payments shall continue as a lien on the property
F. The risks associated with participating in the program shall be disclosed
in the written agreement, including risks related to the failure of the participating property
owners to make payments and the risk of issuance of a tax certificate and loss of the
property pursuant to Chapter 197. F.S.
G. The cost of nn energy savings audit or the cost to complete an estimate
of information on energy savings measures. estimated energy savings for each measure,
estimated greenhouse gas reductions and estimated cost savings from the projects will be
subject to reimbursement upon execution of the written agreement to accept the non-ad
valorem assessment.
H. The property owner shall agree to apply any rebates provided by nn
entity other than the District, received for the projects approved by the District, towards
the repayment of the non-ad valorem assessment.
I. If propertytaxes are paid through an escrow account, the property
owner is responsible for notifying the lender of any adjustment to monthly_payments.
J. The property owner shall provide all copies of final permits and
inspections to the District upon completion of the projects.
K. The property owner shall agree to provide the District 5 years of utilitX
statements showing the energy usage for the property following the year in which the
improvements are made. The statements shall be due on the final day of the month when the
improvements were completed.
Undcrlined passages are added. -11- sM~el«++„»ugl, passaycs arc added.
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Section 1-19.15 Notice. Pursuant to and in accordance with Chapter 189, Florida
Statutes. the Count published the notice of the public hearing to adopt and approve to form
the Sustninability District. The County has determined that it is not practical to mail notice
of such public hearing to each address within the District but that each participating
property owner's due process rights are fully protected through execution of a f financing
agreement.
Section 1-19 16 Authorization of County Officers and Employees. The Board
and all other County offices and employees are hereby authorized and directed to take all
action necessary and appropriate to effectuate the provisions of this Ordinance.
Section 2. Alternative Assessment Procedure. That the Code of Laws of St. Lucie
county. Florida, is hereby amended by adding additional provisions to Chapter 1-19 entitled
Sustainnbility and Energy Improvement", including Article I thereof "St. Lucie County
Property Assessed Clean Energy Improvements" to read ns follows:
Section 1-19- .17 Findings. The County hereby adopts and incorporates herein
the legislative ffindings set forth in section 163.08(1). F.S., as if fully set forth herein and are
hereby specifically made findings of fact made by the County.
Section 1-19- .18 Alternative Assessment Procedures.
As an alternative assessment and financing procedure to those set forth in sections
1-19-.01 through .15, Code of Ordinances and Compiled Laws of St. Lucie County, Florida, the
County hereby implements, ns nn alternative, the assessment procedures set forth in section
163.08, F.S.. to finance energy conservation and efficiency improvements, renewable energy
improvements and wind resistance improvements as described in section 163.08(2)(b). F.S.
The County hereby authorizes such assessments to be levied on any real property located
within the boundaries of the St. Lucie County, Florida, which assessment will be document by
a financing agreement between the County and the participating property owners; provided
however, that for any real property located within a municipality, the owner of such real
property may elect to participate in the County assessment program unless the municipality
in which the real property is located in fact establishes its own assessment program under
the authority of section 163.08. F.S.. and notifies the County of such action with a formal
request to the County to not offer its program within municipal limits. The County. by
subsequent resolution. shall specify the terms and conditions under which it will enter into
a financing agreement with a property owner within the parameters set forth in Section
163.08, F.S., and shall specify the terms and conditions of the financing agreement to be used
the County.
Underlined passages are added. -12 - Siruelri7~su9h passage arc added.
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Section 3. Con (icts.
Pursuant to Section 189.4041, Florida Statutes the County finds that the formation
of the District is consistent with the St. Lucie County Comprehensive Plan.
Section 4. Severability.
If any provisions or portion of this Ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and
portions of this Ordinance shall remain in full force and effect.
Section 5. Effective Dnte.
The Ordinance shall have effect upon filing of a certif ied copy of this Ordinance with
the Department of Stnte.
Section 6. Adoption.
After motion and second, the vote on this ordinance was as follows:
Chairman Charles Grande AYE
Vice Chairman Doug Coward AYE
Commissioner Paula A. Lewis AYE
Commissioner Chris Crnft AYE
Commissioner Chris Dzadovsky AYE
PASSED AND DULY ADOPTED by the Bonrd of County Commissioners of St. Lucie
County, Florida, this 15th d ~ , 010.
e~ti `'~ x`' ,~ = " 1.~ BOARD OF COUNTY COMMISSIONERS
ATTES ... -~~'' "'``_ ' r' ST. LUCIE GOU ,FLORIDA5.. ! G7r ~r _ Is~'~a.~
Deputy Clerk '~ ~ ~ -~ ~ ~ _ ` - ~ hai man
iGeriCO~~ APPROVED AS TO FORM ANQ` =.; - . ~ ~ ./~ ~ `.
CORRECTNESS: ;. `~
County Attorney ;~ -
Underlined passage arc added. ~ 13 - SiweM-tiowyM passage are added.
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FLORIDA DEPARTMENT Of STATE
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA DAWN K. ROBERTS
Interim Secretary of State
June 29, 2010
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
Post Office Drawer 700
Fort Pierce, Florida 34954
Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk
Dear Mr. Smith:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 22, 2010 and certified copy of St. Lucie County Ordinance No. 10-025, which was filed
in this office on June 25, 2010.
Sincerely,
Liz Cloud ~~`~`
Program Administrator
LC/srd
DIRECTOR'S OFFICE
R.A. Gray Building • 500 Soutlt Brouough Street • Tallahassee, Florida 32399-0250
850.245.6600 • FAX: 850.245.6735 • TDD: 850.922.4085 http://dlis.dos.state.Fl.us
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY850.488.2812 • FAX: 850.488.9879 850.245.6750 FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282
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Packet Pg. 47
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