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HomeMy WebLinkAboutAgenda Packet 10.04.2016 Generated 9/28/2016 4:32 PM SUSTAINABILITY DISTRICT AGENDA ST. LUCIE COUNTY Regular Meeting Tuesday, October 4, 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, October 4, 2016 6:00 PM 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 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, October 4, 2016 6:00 PM 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 A. COUNTY ATTORNEY 1. First Amendment to Special Assessment Funding Agreement (Energy and Sustainability Financing Program) Staff recommends that the District adopt the resolution and authorize the Chair to sign the resolution. 5. ADJOURNMENT ITEM NO. RES-2016-160 DATE: 10/04/2016 AGENDA REQUEST *CONSENT AGENDA BACKGROUND: On August 19, 2014, the St. Lucie County Sustainability District (“District”), Inland St. Lucie PACE, LLC (“Inland”) and the Solar and Energy Loan Fund of St. Lucie County, Inc. (“SELF”) entered into a Special Assessment Funding Agreement. The District entered into the Funding Agreement in order to obtain a non-revolving line of credit in the not to exceed amount of $1,000,000.00 from Inland for purposes of funding a Property Assessed Clean Energy (PACE”) financing program for owners of commercial property that would be repaid through voluntary special assessments. The District issued its Taxable Special Assessment Bond Series 2014 (the “Bond”) to evidence its obligation to repay the loan. 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 improvements for residential properties. The District, Inland and SELF desire to enter 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. (3) Provide that Qualifying Improvements may be financed for residential properties. Attached is a copy of a draft First Amendment with changes set out in blackline form. Also attached is a draft resolution which, if adopted, would approve the First Amendment and Allonge. PREVIOUS ACTION: N/A FINANCIAL IMPACT: TO: Sustainability District PRESENTED BY: Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: First Amendment to Special Assessment Funding Agreement (Energy and Sustainability Financing Program) 4.A.1 Packet Pg. 4 Updated: 9/23/2016 10:21 AM by Katrina Slay Page 2 N/A RECOMMENDATION: Staff recommends that the District adopt the resolution and authorize the Chair to sign the resolution. COMMISSION ACTION: Coordination/Signatures 4.A.1 Packet Pg. 5 4.A.1.a Packet Pg. 6 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 7 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 8 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 9 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 10 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 11 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 12 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 13 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 14 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 15 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 16 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 17 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 18 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 19 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 20 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 21 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 22 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 23 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 24 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 25 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 26 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 27 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 4.A.1.a Packet Pg. 28 At t a c h m e n t 4 . A . 1 . a : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g A g r e e m e n t ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t 2 RESOLUTION NO. 2016-_____ A RESOLUTION OF THE ST. LUCIE COUNTY SUSTAINABILITY DISTRICT APPROVING A FIRST 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, AMONG OTHER THINGS, EXTEND THE MATURITY DATE OF THE LINE OF CREDIT CONTEMPLATED BY THE FUNDING AGREEMENT AND PROVIDE THAT QUALIFYING IMPROVEMENTS MAY BE FINANCED FOR RESIDENTIAL PROPERTIES; 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 4.A.1.b Packet Pg. 29 At t a c h m e n t 4 . A . 1 . b : S u s t a i n a b i l i t y F u n d i n g A g r e e m e n t R e s o l u t i o n ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g 2 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. (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) The District, the Lender and SELF wish to enter 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. SECTION 4. APPROVAL OF FIRST AMENDMENT TO FUNDING AGREEMENT AND ALLONGE. The District hereby approves the First 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 First 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 First Amendment to Funding Agreement. [Remainder of Page Intentionally Left Blank] 4.A.1.b Packet Pg. 30 At t a c h m e n t 4 . A . 1 . b : S u s t a i n a b i l i t y F u n d i n g A g r e e m e n t R e s o l u t i o n ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g 2 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 __________, 2016. ST. LUCIE COUNTY SUSTAINABILITY DISTRICT By: Chair ATTEST: Approved as to Form: Deputy Clerk County Attorney 4.A.1.b Packet Pg. 31 At t a c h m e n t 4 . A . 1 . b : S u s t a i n a b i l i t y F u n d i n g A g r e e m e n t R e s o l u t i o n ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g APPENDIX A FORM OF FIRST AMENDMENT TO FUNDING AGREEMENT 4.A.1.b Packet Pg. 32 At t a c h m e n t 4 . A . 1 . b : S u s t a i n a b i l i t y F u n d i n g A g r e e m e n t R e s o l u t i o n ( R E S - 2 0 1 6 - 1 6 0 : F i r s t A m e n d m e n t t o S p e c i a l A s s e s s m e n t F u n d i n g