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SUSTAINABILITY DISTRICT
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, September 6, 2016
6:00 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
District No. 3, Chair
PAULA A. LEWIS
District No. 5, Vice-Chairman
KIM JOHNSON
District No. 1
CHRIS DZADOVSKY
District No. 2
TOD MOWERY
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
Regular Meeting Tuesday, September 6, 2016 6:00 PM
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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 may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third
Tuesday at 9:00 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 Chairman 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.
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
Chairman 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 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 allocated at the beginning of each meeting for the general public comment. Please limit comments to
three minutes.
DECORUM – Please be respectful of others’ opinions.
MEETINGS – All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday
at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission
Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional
workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops.
Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to
attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48)
hours prior to the meeting.
Regular Meeting Tuesday, September 6, 2016 6:00 PM
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1. CALL TO ORDER
2. APPROVAL OF MINUTES
There are no items scheduled.
3. GENERAL PUBLIC COMMENT
4. CONSENT AGENDA
A. COUNTY ATTORNEY
There are no items scheduled.
B. PUBLIC WORKS
1. RES-2016-124 : Energy Special Assessment District (SAD)
Staff recommends Board adoption of the attached resolution and authorization for the
Chairman to sign documents as approved by the County Attorney.
5. ADJOURNMENT
ITEM NO. RES-2016-124
DATE: 09/06/2016
AGENDA REQUEST *CONSENT AGENDA\PUBLIC
WORKS
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 2016 Energy SAD Annual Assessment Resolution includes 5 parcels. The proposed
assessment amount per parcel ranges from $14,845.07 to $100,894.00 and will be financed for ten (10)
years at an interest rate ranging from 6.5% to 7.45%. The proposed annual assessment amount per parcel
ranges from $2,201.82 to $14,034.83.
PREVIOUS ACTION:
June 15, 2010 - The BOCC approved Ordinance No. 10-025, creating the Sustainability District.
October 5, 2010 - The BOCC approved Resolution No. 10-259, authorizing the issuance of not
exceeding$50,000,000.00 in aggregate principal amount of special assessment improvement funding
and reimbursement agreements.
July 3, 2012 - The Sustainability District Board approved an Administrative Agreement between The
Sustainability District and The Solar Energy Loan Fund of St. Lucie County, Inc.
July 15, 2014 - The Sustainability District Board approved Resolution No. 2014-107, a funding
agreement between the Sustainability District, The Solar and Energy Loan Fund of St. Lucie County,
Inc. And Inland St. Lucie PACE, LLC.
October 20, 2015 - The Sustainability District Board approved Resolution No. 15-157, Notice of Intent
to Levy, and collect non-ad valorem special assessments in 2016 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).
TO: Sustainability District
PRESENTED BY: Barbara Guettler, MSBU Project Manager
SUBMITTED BY: MSBU Program
SUBJECT: Resolution - Energy Special Assessment District
4.B.1
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RECOMMENDATION:
Staff recommends Board adoption of the attached resolution and authorization for the Chairman to sign
documents as approved by the County Attorney.
COMMISSION ACTION:
Coordination/Signatures
4.B.1
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RESOLUTION NO. 2016-_____
A RESOLUTION OF THE ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT APPROVING THE
DISTRICT'S FISCAL YEAR 2016-17 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
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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. 2015-157 on October 20, 2015,
expressing the District's intent to use the uniform method for collecting the non-ad
valorem assessments levied within the District, commencing in November, 2016.
(G) The Governing Board of the District wishes to hereby approve and certify
the District's non-ad valorem assessment roll for fiscal year 2016-17 and to direct
certification of such roll to the Tax Collector for collection of the special assessments in
November, 2016.
(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 2016-17 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 15, 2016. 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
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.
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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 6th day of September, 2016.
ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
By:
Chair
ATTEST: Approved as to Form:
Deputy Clerk County Attorney
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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 15, 2016.
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 2016.
ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
By: ________________________________
Barbara Guettler, MSBU Coordinator
4.B.1.a
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