HomeMy WebLinkAboutAgenda Packet 09.01.2015
Generated 9/2/2015 8:32 AM
SUSTAINABILITY DISTRICT
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, September 1, 2015
6:00 PM
Conference Room #3
2300 Virginia Ave.
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
District No. 3, Chair
PAULA A. LEWIS
District No. 5, Vice-Chair
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 1, 2015 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 1, 2015 6:00 PM
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1. CALL TO ORDER
2. APPROVAL OF MINUTES
Sustainability District minutes for the meeting of Tuesday, May 19, 2015
3. GENERAL PUBLIC COMMENT
4. CONSENT AGENDA
A. COUNTY ATTORNEY
There are no items scheduled.
B. PUBLIC WORKS
1. Special Assessment Notice of Intents for 2016 - Sustainability District
Staff requests the Boards’ 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 20, 2015.
2. Resolution - Energy Special Assessment District
Staff recommends Board adoption of the attached resolution and authorization for the
Chair to sign documents as approved by the County Attorney.
5. ADJOURNMENT
Generated 8/19/2015 4:22 PM
SUSTAINABILITY DISTRICT
ST. LUCIE COUNTY, FLORIDA
Regular Meeting
May 19, 2015 Convened: 11:11 AM
Adjourned: 11:12 AM
I. CALLTO ORDER
Attendee Name Title Status Arrived
Paula A. Lewis District No. 3, Chair Present 9:00 AM
Kim Johnson District No. 5, Vice-Chair Present 9:00 AM
Chris Dzadovsky District No. 1 Present 9:00 AM
Tod Mowery District No. 2 Present 9:00 AM
Frannie Hutchinson District No. 4 Present 9:00 AM
Howard Tipton County Administrator Present 9:00 AM
Robert G. Adolphe PE Deputy County Administrator Present 9:00 AM
Mark Satterlee Deputy County Administrator Present 9:00 AM
Daniel S. McIntyre County Attorney Present 9:00 AM
Heather Young Asst. County Attorney Present 9:00 AM
Katherine Barbieri Asst. County Attorney Present 9:00 AM
Edward Matthews Parks, Recreation & Facilities Director Present 9:00 AM
Don West Public Works Director Present 9:00 AM
Laurie Waldie Utility Director Present 9:00 AM
Beth Ryder Community Services Director Present 9:00 AM
Asheley Hepburn Office of Management & Budget Director Present 9:00 AM
Sherry Burroughs Mosquito Control and Coastal Mgt. Serv. Director Present 9:00 AM
Leslie Olson Planning Manager Present 9:00 AM
Carl Holeva HR Interim Director Present 9:00 AM
Ron Roberts Solid Waste Director Present 9:00 AM
Sue Korunow Recording Secretary Present 9:00 AM
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Regular Meeting Tuesday, May 19, 2015 9:00 AM
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II. APPROVAL OF MINUTES
1. Sustainability District minutes for the meeting of Tuesday, February 17, 2015
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Kim Johnson, District No. 5, Vice-Chair
AYES: Lewis, Johnson, Dzadovsky, Mowery, Hutchinson
2. Sustainability District minutes for the meeting of Tuesday, November 18, 2014
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Tod Mowery, District No. 2
SECONDER: Kim Johnson, District No. 5, Vice-Chair
AYES: Lewis, Johnson, Dzadovsky, Mowery, Hutchinson
III. GENERAL PUBLIC COMMENT
There were no comments from the public.
IV. CONSENT AGENDA
There are no items scheduled.
V. MOTION TO ADJOURN
There being no further business to be brought before the Board, the meeting was adjourned.
Joseph E. Smith Clerk of Circuit Court
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Regular Meeting Tuesday, May 19, 2015 9:00 AM
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Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the
Circuit Court and available for inspection upon request.
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ITEM NO. (ID # 3041)
DATE: 09/01/2015
AGENDA REQUEST *CONSENT AGENDA\PUBLIC
WORKS
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, 2016. The
resolutions must be considered at a duly advertised public hearing held prior to January 1, 2016.
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 requests the Boards’ 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 20, 2015.
COMMISSION ACTION:
TO: Sustainability District
PRESENTED BY: Barbara Guettler, MSBU Project Manager
SUBMITTED BY: MSBU Program
SUBJECT: Special Assessment Notice of Intents for 2016 - Sustainability District
4.B.1
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Updated: 8/18/2015 11:17 AM by Donna Calise Page 2
Coordination/Signatures
4.B.1
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ITEM NO. RES-2015-157
DATE: 09/01/2015
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 2015 Energy SAD Annual Assessment Resolution includes two (2) parcels. The
improvements installed and to be funded through the Energy SAD include six (6) solar, hot water systems,
three (3) on each parcel. The proposed assessment amount per parcel is $14,845.07 to be financed for
ten (10) years at an interest rate of 7.45%. The proposed annual assessment amount per parcel is
$2,201.82. The maximum amount to be collected, if financed, full term is $22,018.20.
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 21, 2014 - The Sustainability District Board approved Resolution No. 14-164, Notice of
Intent to Levy, and collect non-ad valorem special assessments in 2015 for the Energy SAD.
· February 17, 2015 - The Sustainability District Board approved Resolution No 15-011 budget
resolution.
FINANCIAL IMPACT:
TO: Sustainability District
PRESENTED BY: Barbara Guettler, MSBU Project Manager
SUBMITTED BY: MSBU Program
SUBJECT: Resolution - Energy Special Assessment District
4.B.2
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Updated: 8/18/2015 1:39 PM by Donna Calise Page 2
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:
Coordination/Signatures
4.B.2
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RESOLUTION NO. 2015-_____
A RESOLUTION OF THE ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT APPROVING THE
DISTRICT'S FISCAL YEAR 2015-16 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. 2014-164 on October 21, 2014,
expressing the District's intent to use the uniform method for collecting the non-ad
valorem assessments levied within the District, commencing in November, 2015.
(G) The Governing Board of the District wishes to hereby approve and certify
the District's non-ad valorem assessment roll for fiscal year 2015-16 and to direct
certification of such roll to the Tax Collector for collection of the special assessments in
November, 2015.
(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 2015-16 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 Project Manager is hereby authorized and directed to
certify the foregoing assessment roll to the Tax Collector by September 15, 2015. 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 1st day of September, 2015.
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 Project Manager 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, 2015.
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 2015.
ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
By: ________________________________
Authorized Agent
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