HomeMy WebLinkAboutRevised August 9, 2011AGENDA
Tuesday, August 9, 2011
9:00 A.M.
REVISED 814/2011
INFORMAL MEETING
1. CALL TO ORDER - COMMISSIONER CHRIS CRAFT, CHAIRMAN BOARD OF COUNTY
COMMISSIONERS
2. 2012 STATE LEGISLATIVE REQUESTS
3. DCS SOLAR ENERGY LEASE CONTRACT
4. NORTH ST. LUCIE AND FORT PIERCE FARMS
WATER CONTROL DISTRICTS
5. DISCUSSION ON SPORTS COMPLEX
PHASE I EXPANSION PROPOSAL
6. ADJOURNMENT
MICHAEL BRILLHART
GLENN HENDERSON
DEBBIE BRISSON
ROGER SHINN
MICHAEL BRILLHART
RAMON TRIAS
CONFERENCE ROOM #3
ROGER POITRAS ADMINISTRATION ANNEX
2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA 34982
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during
a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability
requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48)
hours prior to the meeting.
I
Item No. 2
Planning and Development
Services Department
Business & Concurrency Management Division
MEMORANDUM
TO: Board of County Commissioners
LEI -
THROUGH: Mark Satterlee, AICP, Planning & Development Services Directo
FROM: Michael Brillhart, Business & Concurrency Manager.P
DATE: July 29, 2011
SUBJECT: 2012 State Legislative Issue Requests
The St. Lucie Legislative Delegation will be holding its local hearing for the 2012 State
Legislative Session on September 8th at the IRSC Kight Center. In consideration of this hearing,
staff is seeking input and direction from the Board on 2012 legislative requests to be presented
to the Delegation.
Formal action by the Board on legislative requests will be required at its August 16th meeting
prior to submittal to the Delegation for consideration. The 2012 State Legislative Session is
scheduled to begin on January 10, 2012 in Tallahassee.
Background:
In December of 2010, the Board of County Commissioners approved the following 2011 State
Legislative Issue requests and Letters of Support for consideration by the St. Lucie Legislative
Delegation of the following items:
1. Renewable Energy — Adopt Renewable Portfolio Standard (RPS)
2. Inmate Medical Treatment Billing — Counties pay same rate as State (110% of
Medicare)
3. Maintain State Trust Funds for SHIP and Transportation Disadvantaged (TD)
only
4. Water Quality - Adoption of Numeric Nutrient Criteria and Total Maximum Daily
Loads
5. Pre -Trial Release Program — Continue programs without regard to income of
participants who could post bail
6. Letter of Support to State for Completion of the C-23/C-24 Reservoirs and
Stormwater Treatment Areas Project
7. Letter of Support to State for the Department of Community Affairs
8. Letter of Support — Creation of Department of Juvenile Justice Expenditure and
Operational Efficiencies Review Team and Uniform State Funding of. Juvenile
Assessment Centers.
A
A summary of actions taken by the State during the 2011 Legislative Session pertaining to these
items and the Federal government on numeric nutrient criteria water quality includes:
Items
Actions
Renewable Energy
No action taken.
Inmate Medical Treatment Billing
No action taken.
Maintain SHIP and TD Trust Fund
Trust funds maintained but no state funds
budgeted
for these programs.
Water Quality
Federal U.S. EPA inland water body numeric
nutrient criteria goes into effect April 2012;
estuaries and coastal salt water criteria goes
into effect on November 14, 2011. EPA will
allow FDEP to create and adopt numeric
nutrient standards by January 2012.
Pre -Trial Release
Legislation specific to indigent income criteria
did not pass.
C-23/C-24 Reservoirs and Stormwater
Construction for initial phase is scheduled to
begin in 2018.A combination of State and U.S.
Army Corp of Engineers funding is being used
for construction.
Department of Community Affairs
DCA functions transferred to new Department
of Economic Opportunity.
Department of Juvenile Justice
State passed juvenile justice cost savings to
the County for FY 12 and 13.
Recommended 2012 State Legislative Requests and Letter of Support:
In consideration of action taken by the State government in 2011, staff is recommending the
continuation of the following legislative requests and letter of support for 2012:
1. Renewable Energy — Adopt Renewable Portfolio Standard (RPS)
2. Inmate Medical Treatment Billing — Counties pay same rate as State (110% of
Medicare)
3. Maintain State Trust Funds for SHIP and Transportation Disadvantaged (TD)
only
4. Pre -Trial Release Program — Continue programs without regard to income of
participants who could post bail
5. Letter of Support — Creation of Uniform State Funding of Juvenile Assessment
Centers
A summary of each item includes the following:
1. Renewable Energy — Renewable Portfolio Standard (RPS)
Florida should adopt a Renewable Portfolio
meaningful standards for renewable energy
investment by both public and private sectors
Standard (RPS). The RPS would establish
alternatives in the state and help promote
The RPS would utilize a Renewable Energy
2
Certificates program to stimulate new markets for private solar companies to invest more
significantly in Florida (see attached Resolution No. 10-292).
The number one alternative identified in a study commissioned by the Florida Public Service
Commission is rooftop solar. Florida needs to aggressively pursue and promote rooftop solar
and other highly recommended renewable energy technologies. The state should also
provide opportunities for private investors and individual homeowners to be a part of
distributed generation, allowing for fair participation of Florida residents in the production of
power.
Legislative Issue Recommendation: St. Lucie County encourages our Legislators to adopt
Renewable Portfolio Standards (RIPS) for renewable energy.
2. Inmate Medical Treatment Billing
On February 9, 2010, The Board of County Commissioners adopted Resolution 10-063
supporting efforts by the Legislature to amend Chapter 901.35, F.S. providing that "any
payments made from county or municipal general funds to a provider under this section for
medical care, treatment, hospitalization and transportation of an arrested person shall be
made at 110% of the Medicare allowable rate for such service" (see attached Resolution No.
10-063). Under s.905.6041, F.S, the Florida Department of Corrections pays for State
inmate medical services at 110% of the Medicare allowable rate.
Legislative Issue Recommendation: St. Lucie County urges our Legislators to adopt a
standardized state-wide reimbursement amount paid by counties to medical providers at the
established 110% of the Medicare rate consistent with the rate paid by the State Department
of Corrections for inmate medical treatment.
3. Maintain State Housing Initiative Program (SHIP) And Transportation Disadvantaged Trust
Funds
Two programs that have been funded by trust funds that were established through user fees
are the State Housing Initiative Program (SHIP) and the Transportation Disadvantaged (TD)
program. These two programs provide vital housing and transportation services that assist
our most vulnerable citizens with a hand up rather than a hand out.
Legislative Issue Recommendation: St. Lucie County urges our delegation to only
allocate the SHIP and the TD Trust Funds for those two programs and not divert the funds to
the general fund. The County also recommends repeal of the cap on the Housing Trust
Fund in order to keep the SHIP funding as a viable source of funding for housing the elderly,
the infirmed and our essential workforce.
4. Pre -Trial Release Program
In consideration of recommendations supported by the Florida Association of Counties
(FAC) together with practical experience gained by the County in its pre-trial release
program, the County recommends revisions to the non -monetary pre-trial program reporting
requirements and the ability of the County to impose pre-trial release fees in consideration
of an individual's ability to pay.
3
Legislative Issue Recommendation:
St. Lucie County supports:
• Maintaining county ability to provide non -monetary pre-trial release services that
ensure the safety and welfare of local communities.
• Changing pre-trial program reporting requirements as provided in s.907.043, F.S.,
from weekly to monthly updates.
• Legislation that allows counties to impose pre-trial release fees based on an
individual's ability to pay.
St. Lucie County opposes:
• Legislation limiting the discretion of the first appearance judge, requiring presumption
of release on non -monetary conditions, requiring written reports and certification of
defendants for release.
5. Letter of Support — Creation of Uniform State Funding of Juvenile Assessment Centers.
The Board supports the recent appointment of Mark Godwin, Criminal Justice Coordinator,
to the State Juvenile Justice Expenditure and Operational Efficiency Review Team. The
County is requesting support from the Legislature for uniform State funding of Juvenile
Assessments Centers throughout Florida to strive to achieve equal treatment of youth
offenders.
Letter of Support: St. Lucie County supports the creation of uniform state funding of
Juvenile Assessments Centers.
Recommendation
Board authorization to submit four Legislative Issue Requests and one Letter of Support to the
St. Lucie County Legislative Delegation, as outlined in this memorandum.
Cc: Faye W. Outlaw, MPA, County Administrator
Dan McIntyre, County Attorney
Lee Ann Lowery, Assistant County Administrator
Marie Gouin, OMB Director
Mark Satterlee, Planning and Development Services Director
Beth Ryder, Community Services Director
William Hoeffner, Human Resources Director
Mark Godwin, Criminal Justice Coordinator
4
RESOLUTION NO.10-292
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, SUPPORTING LEGISLATION TO
IMPLEMENT COST-EFFECTIVE, CLEAN AND RENEWABLE ENERGY
PORTFOLIO STANDARDS (RPS) IN THE SUNSHINE STATE,
WITH MEANINGFUL OPPORTUNITIES FOR DISTRIBUTED SOLAR
AND OTHER PREFERRED RENEWABLE ENERGY TECHNOLOGIES.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. Florida has an abundance of clean and renewable energy (RE) sources that provide an
opportunity for cost-effective energy solutions, economic development, and significant
savings to taxpayers and rate payers alike.
2. Theclean energy economy can helpfuelmuch needed economic recovery, produce greater
efficiencies and energy savings, create jobs in the hardest hit job sectors, and foster private
sector investment in clean industry, high paying manufacturing jobs and research and
development activities.
3. According to the experts hired by the Florida Public Service Commission, the Top 3 most
technologically -viable RE alternatives in Florida are: (1) Solar PV (photovoltaic); (2) Offshore
wind; and (3) Biomass. Solar thermal technologies are also very cost-effective
and have potential widespread application. (Reference Navigant Report, p. 189)
4. Florida currently imports all of the fossil fuels used to generate electricity in the state and
consequently exports about $15 billion annually. Instead of outsourcing jobs and capital,
the Legislature should adopt an RPS and help provide the opportunity for people and
entrepreneurs to reinvest in preferred renewable energy technologies.
5. An RPS requires states to procure a percentage of generation from renewable energy. No
two programs are the same and each state must develop appropriate programs to meet
state -specific needs and capitalize on all available local resources = most notably the Sun
In the Sunshine State.
6. As of June 2010, mandatory RPS policies have been passed in 31 US states and the District
of Columbia, with six additional states approving conditional or non -mandatory renewables
goals.
7. Because of the tremendous solar energy potential in the Sunshine State, a
specific emphasis should be given to Solar technologies and private sector investment
therein.
8. According to the United States Department of Energy (DOE), those states that have
adopted an RPS have seen little change in utility rates. In fact, seventy percent (70%) of the
states with an RPS experienced less than 1 % change in utility. rates. Texas experienced a
rate decrease. (Reference DOE Study)
6
9. An RPS is a market mandate for cost-effective renewable energy alternatives through
competition, innovation and economies of scale. By opening up the clean energy economy
usiness owners, and even
cal
St private investors, rich canharness the citizens, powers of capitalism and foster theoentrepreneurial sspirit
State of Florida can p
of our nation.
10. Energy independence promotes national security.
11. Renewable energy will promote environmental stewardship and reduce greenhouse gas
emissions.
12. On June 25, 2008, Florida Governor Charlie Crist approved a wide-ranging energy bill that
intends to advance energy efficiency and renewable energy within the state while cutting
the state's emissions of greenhouse gases. House Bill 7135 required the Public Service
Commission to develop rules for a renewable portfolio standard subject to future
legislative ratification.
13. In 2009, the Florida Public Service Commission recommended an RPS to the Florida
Legislature. Although the Legislature did not enact an RPS during the 2009 Legislative
Session, there is continuing interest in opportunities to encourage the expansion of
renewable and clean energy production in Florida.
14. The Public Service commission recommends an aggressive RPS that requires each investor
owned utility (IOU) to achieve 20 percent renewable energy by 2020. This aggressive
standard is intended to protect existing renewables and spur new renewable developers
to enter the Florida market by establishing a long-term dedicated market for renewable
energy in the state.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
Section 1: The Board of County Commissioners of St. Lucie County hereby encourage
the Florida State Legislature to implement a Renewable Energy Portfolio Standard.
Section 2: The County Administrator is hereby directed to send a copy of this resolution
to the County's Legislative Delegation, the Executive Director of the Florida Association of
Counties, and the Director of the Florida League of Cities.
Section 3: Thi
PASSED AND
ATTEST:
44
Deputy Clerk
become effective upon adoption.
of November, 2010.
BOARD OF COU CO MISSIONERS
ST. LUCIE C FL IDA
BY:
Chair
APPROVED AS TO FORM AND
RESOLUTION NO.10-063
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA, SUPPORTING SENATE BILL NO. 218
AND HOUSE BILL 319 WHICH, IF PASSED, WOULD AMEND
SUBSECTION (2) OF SECTION 901.35, FLORIDA STATUTES, TO
REQUIRE THAT PAYMENTS MADE BY A COUNTY OR MUNICIPALITY
TO A PROVIDER FOR CERTAIN SERVICES FOR AN ARRESTED PERSON
BE MADE AT 110% OF THE STATE'S MEDICARE RATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. Senate Bill 218 and House Bill 319 provide that when an arrested person requires medical
attention, but cannot provide for payment, the medical services provider can only recover
from the local government, 110% of the State's Medicare rates for the medical services
provided, not the provider's full fees, unless the medical services provider has an
alternative, written agreement with the local government.
The current trend of escalating inmate out -patient medical cost will force St. Lucie County
to reach into its emergency funds in order to pay for those costs at the current hospital
"Billed Rates". Continuing to force Florida Counties to pay hospital billed rates that are
greatly higher than any insurance company, Medicare or Medicaid pay is grossly unfair to
the Counties and their taxpayers.
3. The State Corrections Department tracked their costs both before and afterthe Legislature
capped their inmate hospital costs at no more than 110% of Medicare rates. The State
Corrections Department had similar "Billed Costs" discounts prior to passage of the above
law and their studies showed that after enactment of the law, charges based on the
Medicare Rates were reduced by 69% over the previous billed charges. In 2008, Pinellas
County was billed for $1.2 million for the care of 67 inmates. Using Medicaid rates, the
estimated actual amount paid would have been $77,000.00.
4. If Senate Bill 218 and House Bill 319 were passed, the St. Lucie County taxpayers could
result in a savings of more than $1 million dollars.
5. By passing Senate Bill No. 218 and House Bill 319, the Florida State Legislature would be
giving Counties one way in which they might save some taxpayer dollars.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
Section 1: The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Sect- This Board supports the adoption of proposed Senate Bill 218 (SB 218) and
House Bill 319 (HB 319).
Section 3: The County
Administrator is hereby directed to send a copy of this
resolution to Governor Charlie Crist, the County's Legislative of the Florida Association of Counties. Delegation an
the Executive Direct
Sectlon 4: This Resolution shall take effect upon its adoption.
PASSED AND DULY ADOPTED this 9th day of February, 2010.
ATTEST:
Deput�Cler
BOARD OF C UNTY COMMISSIONERS
ST. LUCIE TY, F ORIDA
BY:
Chair
APPROVE TO FORMA CORRECTNESS:
BY:
Co ty Attorn
Item No. 3
Overview and Status Update of the §1603 Program
February 25th, 2011
This document provides a brief overview and status update of the
§1603 American Recovery and Reinvestment Tax Act (ARRTA)
program administered by the Department of Treasury in conjunction
with the Department of Energy (DOE).
1 Overview
The §1603 program offers renewable energy project developers cash payments
in lieu of the investment tax credits (ITC).1 The value of the awards are equiv-
alent to 30% of the project's total eligble cost basis in most cases. Qualifying
technologies include:
• biomass
• combined heat and power
• fuel cells
• geothermal
• incremental hydropower
• landfill gas
As of February 25, 2011,
• marine hydrokinetic
• microturbine
• municipal solid waste
• solar
• wind
• total number of projects funded = 7180
• total §1603 funding = $6.4 Billion
• total private and federal investment in §1603 projects = $21.6 Billion
• total installed capacity of funded projects = 9.7 GW
• total estimated electricity generation from funded projects = 24.4 TWh
'An additional provision of ARRA allows project developers who are eligible for the production tax credit
(PTC) to instead elect to receive the ITC or an equivalent cash grant.
1
Free Solar Electric on all your qualifying buildings!
DCS solar Lease Program
Due to the Federal Stimulus Fund (UST i6o3) for Solar Incentives
(htt www.treasu ov initiatives recove Pa es 16o .as x). and
with additional funding from the sale of REC s (Renewable Energy
Credits), Nonprofit Organizations, such as your organization or town,
are able to receive Solar Electric PV Systems supplied and installed at
no cost. (Technically, it will be a lease system stem that will be donated after
6o months, or it willbe removed if requested.)
Building and Site Qualifications:
® Any 3 story or less building that has a composition/asphalt roof
• (Tile or Metal roofs do not qualify)
® Roof should be in newer condition (At least 5+years of life left)
® Southerly exposure to the sun
® Non shaded roof area (no obstructions)
® Electric meter in the building
• Ground mount Systems are also available
ENERGY
* DataComm Services LLC started in aooi with
technology solutions
• DCS Energy added solar consulting in Zoos
• DataComm Services DBA DCS Energy of in aoo6
providing energy solutions for Town and City,
Residential, and Business markets.
• They are a Successful Solar firm accepted by
several other states (CT, MA, NY, PA, NJ, CA, RI, NC)
• Privately held business
_Ar
FLORIDA MUNICIPAL ELECTRIC ASSOCIATION
Memorandum
May 20, 2011
To: FMEA Members Interested in DCS Energy Projects
From: Barry Moline, Executive Director
Subject: Counsel on DCS Energy Projects
Several FMEA members have been approached by DCS Energy to serve as hosts for
photovoltaic projects. The offer by DCS is generally as follows:
• DCS Energy will install a 5-18 kW photovoltaic system on a building owned by a
non-profit organization, which includes local governments and 501(c)(3)
organizations.
• The local government or non-profit signs a 5-year lease with zero payments
during the 5-year term of the lease.
• At the conclusion of the 5-year lease period DCS Energy gives away, for free, the
photovoltaic system to the non-profit.
• DCS Energy receives a federal 30% tax credit, all available rebates, and
renewable energy credits for the operational life of the unit.
FMEA & FMPA staff, attorneys and renewable energy staff of several FMEA members
investigated this offer in great detail, attended several meetings with DCS, reviewed
numerous documents, reviewed federal tax code, and at this time have the following
recommendation:
At this time we do not recommend engaging with DCS Energy
due to uncertainty in potential tax liability, the necessity to
change net metering ordinances, and other factors regarding
the financial viability of the business transaction.
We base this recommendation on the following:
DCS has not provided financial information about the viability of their company.
Financials are important to understand that the company has the ability to
perform.
• DCS has not provided a financial guaranty (letter of credit or performance bond)
in the event of a default and to protect the cities against tax or other liability.
417 E. College Ave. (32301) • Po Box 101 14• Tallahassee, Florida 32302 • (850) 224-3314 • Fax: (850) 224-2831 . WWtv.publicpntvercom
Alachua • Bartow • Blountstown • Bushnell - Chattahoochee • Clewiston • Fort Meade • Fort Piercer • Gainesville • Green Crave. Springs
• Havana • Homestead • Jacksonville • Jacksonville Beach • Key West • Kissimmee . Lakeland • L41ke Worth • Leesburg
• Moore Haven - Mount Dora • Newberry • New Smyrna Beach • Ocala • Orlando • Quincy . Reedy Creek
• St. Cloud • Starke • Tallahassee -Vero Beach • Wauchula • Williston • Winter Park
DCS Energy Page 2
Legal counsel recommends that the guaranty equal the value of the PV system
and remain in place for at least five years.
• DCS has not provided a business model showing how it is covering its costs for
each project. As presented, it appears as if DCS is losing money on each
installation. We question the viability of a business deal if we believe that our
business partner is losing money on every transaction. DCS has yet to explain, to
our satisfaction, the financial viability of their business model.
• Cities will likely need to modify their net metering programs (may require
ordinance amendments) to allow a net metering customer to give the RECs to
someone other than the city.
• DCS must agree to an inspection of completed systems prior to interconnection
with the local grid to ensure there is no damage done to the distribution system.
• DCS must install appropriate equipment to prevent unintended backfeed to the
utility.
• DCS must ensure that all electrical work must be done by licensed and insured
contractors, with the city being named as an additional insured.
• DCS must agree to provide the city the tax credit/subsidy applications to make
sure there are no consequences for the city after the 5-year system turnover.
• DCS needs to provide references not only for a variety of projects that have gone
well, as well as ones that did not go so well.
• We need to understand who is signing the interconnection agreement. Can DCS
sign this if DCS is not the retail customer? Can DCS receive the renewable energy
credits if they are not the retail customer?
t
a>
a
r=r LEE COUNTY
SOUTHWEST FLORfDA
BOARD OF COUNTY COMMISSIONERS
John E. Manning
District One July 14, 2011
(239) 533.5450
Brian Bigelow
SOLICITATION NO.: LOI-11-03
District Two
RayJudah
REFERENCE: LEE COUNTY PHOTOVOLTAIC SOLAR LEASE PROGRAM
District Three
Tammy Hall
District Four
TO: AAA Solar Source, Christian Savaia, csavaia@solarsource.net
Advanced Roofing, Inc., Mr. Clint Sockman, clints@advancedroofing.com
Frank Mann
Allied Energy Global of Cape Coral, Inc., Mr. Kenneth Laznovsky, ken@alliedene[gyglobal-fl.com
District Five
EZNERGY LLC, Mr. James Brown, ibrown@eznergy.com
Karen B. Hawes
Fafco Solar, Mr. Daniel Morrissey, dan@fafcosolar.com
County Manager
Michael D. Hunt
Upon review of your firms LOI submitted to Lee County for the Photovoltaic Solar Lease
County Attorney
Program we are requesting additional information be provided.
Diana M. Parker
County Hearing
Examiner
Below are supplemental questions we would like a response to:
• What will the county's expense be in the proposed program?
• What is the financing mechanism proposed?
• Will the county retain the RECs under the guidelines of the proposed program?
• Do you anticipate increased value/greater demand for the RECs?
• If the Lee County choose to go with your company what would be the price if we
wanted to keep the RECs?
• What is the response time to outages during the warranty period?
• If incentives are anticipated from the state or federal government but do not work out,
for whatever reason, who is responsible for that funding?
• if system is moved to another location at lease end, are the RECs then the system
owners?
• What are the consequences of giving up the RECs? Ex. LEED credits, carbon offset, and
current value of RECs.
Please respond by emalling the above responses to Contractslnbox@leegov.com by
Wednesday, July 20, 2011 @ 12:00 noon.
gf_e_�_of - -
Rachel Ott, Contract Specialist
Lee County Procurement Management
Ott, Rachel
From: Kenneth Laznovsky [ken@ alliedenergyglobal-fl.comj
Sent: Friday, July 15,. 2011 11:20 AM
To: Ott, Rachel
Cc: jerry.myers@gmail.com; eftkvar@comcast.net
Subject: RE: LOI-11-03 Lee County Photovoltaic Solar Lease Program - Interviews
Hi Rachel,
Yes I will be available for the phone interview date and time you provided.
However understand that the bid or proposal we sent you is funded by a Grant and the sale of
RECS.
The Last Day 1 can accept signed contractsunless the grant gets renewed is 10/14/11
To Date we have submitted and had approved by DCS over $9,000,000 in contracts in Florida.
Many are cities dnd municipalities.
In response to your questions I copied below;
A) Your only expense for EVERY Building will be the following,;
1) Any Permit Fees if applicable ( Only Exact fees from the Building Dept apply)
2) Any engineering costs if applicable ( If your building dept requires system engineering I
can send that to you to determine if applicable)
3) You will need to add the systems to your building insurance for Liability, Nature and
Vandalism for the 5 year period.
4) If you select a ground Mount System at any of your locations you would be responsible
for trenching from the system to the meter (18" deep) and we recommend fencing
around the system and putting white shell or stone down to increase reflectivity as the
Solyndra system creates energy from the top and bottom.
B) There is No Financing Provided or Needed as the systems Labor and Materials are Free
to you.
C) No you will not retain the RECS under this program. That is how DCS gets paid for the
system from 1603C Treasury Grant and sale of Recs.
D) The Grants are paid for from a 3rd party provider. The system is paid for before we
install. Complete funding occurs during the 60-90 days after we received the signed
contracts. I do not know what the exact compensation for the RECS other than
approximately 70% of the system cost.
E) Response time will be 24 hours as we are local in Lee County.
F) If the incentives do not work out (to date that has not happened) you have the right to
cancel the contract or increase your amount to cover the contract amount.
G) The official answer to the question regarding moving the system after 5 years is- DCS
retains the RECS and Environmental Assets for the installed life of the system.
Unofficially after 5 years the systems are yours. You can keep them in place, move them
or take them down and store them.
There are presently on other Solar Incentives in the state of Florida that I am aware of. The
only consequences of giving up the RESC I know of is you loosing the current value of them
which I am told in Florida is not very much.
Kenneth Laznovsky AEG 239 9941845 ken@alliedenerizyelobal-fl.com
A E Gr of Cape Coral nvc.
www.alliedenergyglobal-£l.com
Kenneth Laznovsky
2399941845
This transmission may be privileged, proprietary or confidential. This e-mail and any documerits transmitted with it are confidential, Intended only for the
person(s) to whom this e-mail Is addressed. If you have received this e-mail In error, please notify the sender immediately by telephone and destroy the
original message without making a copy. Thank you.
H)
8/4/2011
�r Building or Site Qualifications
• Three (3) story or less building.
• Composite or asphalt roof.
• 400 to 2,000 sq. ft. required for 4 to 18kw system.
• Wind zone location of 130 mph or less.
• Roofs with a minimum 5 years of life expectancy
remaining.
• Southern exposure with no shade between 9am - 4 pm.
• Unobstructed space.
• Electric meter in the building.*
• Multiple systems can be used, as space permits at same
location or building.
*Subject to required inspection by the governing authority.
1
8/4/2011
ucie Countv Wind Zon
Potential building
and site locations
St. Lucie County Facilities
Possble Photovoltaic Cmdidates
no mph WNM zone Possible PV candidate on roof top
• Subject to regal red Inspectbn by
mph wI dZ— governing authorly Possible PV land Nate on propertyandl-rrtoftop.
BUILDING DESCRIPTION and
DUALIFIEO LOCATION:
ADDRESS
YES,NO -POSSIBLY
ADDITIONAL COMMENTS
Adminlrtration Building
z VirglM.Ave., FTP
Yes(+)
Possible PVcandM to on roof top
AdminlrtrellonAmsex
(Roger Pultras Bldg.)
t3oo Virginia Ave., FTP
Yes (s)
Possible PV caMldateon roo/top
St. Wele West Annex
aSo NW Country Club Dr., P.
Yes C)
Possible PVca,Widateon roof top
Employee Health Ink
0o Vf 1 I Av ,OFTP
Y (•)
P ibl PV a didat f to
Hcallh Department
Olfke(Olrtk
SsSON W Mll—Or., PSL
Yes (+)
Passible PV candidate on roof top
H;7 ea/Shop'Z'1,'
agoolndustrlel Ave. ff3, FTP
Yez (+)
Possible PV cantlldataon roof top
Loglstic Cm-
3588S.U.S.highways,FTP
Yes(*)
F dble PVcandidateon property only.
2
8/4/2011
Potential building
and site locations
a3o mph Wind Zone Possible PV candidate on roof top
mph W Ind Zone
Possible PV candidate on property and/or mof top
BUILDING DESCRIPTION and
QUALIFIED LOCATION:
ADDRESS
YES, NO., POSSIBLY
ADDITIONAL COMMENTS
Agriculture OH ,
Possible PV cendidale on property ,ndfor roof
8yoo Pk- Road, FTP
Yes (')
toP
Rock Read )ail Support Fatd(ty
goo N. Roc k Roed, FTP
Yes(')
Poxlble PV cendWateonpmpectyonly.
Rock Road Jell -
Detent(on Pods (6)
goo N. Rock Road, FP
Yes(')
P-1ble PV can dWateonpmpertyonly.
Rock Roed Jail - Detention Pods (a)
9—N. Rock Road, FTP
Yes(`)
Possible PVicendidate on property only.
LT. (Old E.O.C.)
sus N. Rock Road. FTP
PV candidate on
N'—O.C.
a 3 W. Afd Roed, FTP Yes' Poxib(e PV cendidateon m ertyonly.
Item No. 4
Planning and Development
Services Department
Business & Concurrency Management Division
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Mark Satterlee, AICP, Planning & Development Services Direct
FROM: Michael Brillhart, Business & Concurrency ManagerQ��
DATE: August 2, 2011
SUBJECT: Request for Legislative Support by the North St. Lucie River Water Control
District and Fort Pierce Farms Water Control District to Extend Their
Existence Beyond the Current 2016 and 2018 Sunset Dates
Background:
The North St. Lucie River Water Control District (NSLRWCD) was created in 1917 and
the Fort Pierce Farms Water Control District (FPFWCD) in 1919 by a Decree of the
Circuit Court for the purpose of effectively draining land for agricultural use. Both
Districts are involved in drainage, flood control protection, and water management as
outlined under Chapter 298: Drainage and Water Control Districts, Florida Statutes.
The boundaries of the NSLRWCD include 65,000 acres and 200 miles of canals. Its
total budget for year ending September 30, 2010 was $4.445 million. Its current revenue
sources include a non -ad valorem special assessment, permit fees and grants. The
boundaries of the FPFWCD include 13,000 acres and 50 miles of canals. Its total
budget for year ending September 30, 2010 was $1.644 million. Its current revenue
sources also include a non -ad valorem special assessment, permit fees and grants.
The life of the North St. Lucie River Water Control District will sunset in 2016 while that
of Fort Pierce Farms Water Control District in 2018. Both Districts will require an act of
the State Legislature with the support of St. Lucie County in order to continue to exist
beyond their sunset dates.
The County did receive requests in 2009 and 2010 from FPFWCD to extend its life
through 2050 but it included a request for specific powers similar to those of a Chapter
189: Special District. The County was unable to reach an agreement with the District.
On behalf of the two Districts, Trias & Associates has submitted a report on a Public
Workshop on Extension of Life for 298 Districts that was held on June 22, 2011. The
purpose of the public workshop was to discuss the specific future roles of the North St.
Lucie River Water Control District and that of the Fort Pierce Farms Water Control
District in light of their respective 2016 and 2018 sunset dates.
Representatives of both water control districts will be requesting support from the Board
of County Commissioners at its August 9th informal meeting and from the St. Lucie
Legislative Delegation at its September 8th hearing to extend their lives.
Based upon discussion at the workshop, both Districts were able to develop three
recommended options for Board consideration. These options will be presented by Trias
& Associates at the Board's August 9th informal meeting and include:
1. Do not extend the life of the two Districts and St. Lucie County will take over their
responsibilities.
2. Extend the life of the two Districts under Chapter 298 Florida Statutes as a
"Drainage and Water Control District".
3. Extend the life of the two Districts under Chapter 189 Florida Statutes as a
"Special District".
If the County does nothing, then St. Lucie County will become responsible for
maintenance of the canals which could include a non -ad valorem assessment similar to
that which is currently levied. The County could also become responsible for the
reducing the TMDLs for the canals in these districts.
Recommendation:
County staff does not have an objection to the extension of the lives of the North St.
Lucie River Water Control District and the Fort Pierce Farms Water Control District as
Chapter 298: Drainage and Water Control Districts.
cc: Faye W. Outlaw, MPA, County Administrator
Lee Ann Lowery, Assistant County Administrator
Dan McIntyre, County Attorney
Don West, Public Works Director
Karen Smith, Environmental Resources Director
Mike Powley, County Engineer
Summary
There are two 298 Districts in St. Lucie County: North St. Lucie River Water Control
District (NSLRWCD) and Fort Pierce Farms Water Control District (FPFWCD). They
were created almost a century ago, with a life of 99 years, and a single mission of
draining land for agricultural development by conveying water to the tide quickly and
efficiently through a network of engineered canals. The two Districts are generally
located west and northwest of the City of Fort Pierce, in unincorporated St. Lucie
County.
North St. Lucie Water Control District was created in 1917, and has been responsible for
drainage, flood control, flood protection, water management and reclamation of lands
within its boundaries. The NSLRWCD includes 65,000 acres to the west of the City of
Fort Pierce. Future land uses and zoning are generally agriculture, and are administered
by St. Lucie County. If the District's life is not extended, the District will cease to exist
on November 7, 2016.
Fort Pierce Farms Water Control District was created in 1919 and has provided the same
services for 12,000 acres of land northwest of the City of Fort Pierce. In 2008, the County
Commission adopted the Towns, Villages and Countryside element of the
Comprehensive Plan (TVC), which encourages close integration of infrastructure and
development in the form of complete neighborhoods that form town surrounded by the
countryside. The TVC area is roughly consistent with the District's boundaries. If the
District's life is not extended, the District will cease to exist on July 10, 2018.
Conditions have changed significantly in St. Lucie County since these two Districts were
created and it is time to revisit their roles and their future.
Unlike a century ago, at the present time there is an increased awareness of the
environmental effects of a drainage system that does not encourage conservation or water
quality. Secondly, in the 21 st century it is expected that some lands within the Districts
will be developed for urban land uses, and require enhanced coordination and design of
infrastructure, with the goal of balancing the needs of urban and rural uses in ways that
are sustainable and encourage economic growth in St. Lucie County.
Although St. Lucie County has initiated the process with the TVC concept and other
planning activities, much work remains to establish an effective process for the
implementation and long-term management of land as development occurs. St. Lucie
County and the two special Districts have the opportunity to partner in this effort as the
extension of life of the Districts and their future responsibilities are defined.
The conclusions can be summarized in three main policy alternatives:
• Do not extend the life of the two Districts and St. Lucie County takes over
their responsibilities
Currently, the two Districts have limited capabilities but provide a service that must
continue. If no action is taken by the Florida legislature, with the support of St. Lucie
County, North St. Lucie River Water Control District and Fort Pierce Farms Water
Control District, then the Districts will sunset by the year 2018 (one in 2016 and the other
in 2018). At that point, the two extensive networks of canals will be the responsibility of
St. Lucie County. The County will have to establish a process to manage and maintain
the systems and this may require additional funding and staffing for St. Lucie County. In
addition, the transition to full County responsibility would have to start immediately, as
the two Districts would not be able to borrow money due to their impending sunset to
make repairs and improvements, and would be unable to deal with the effects of a major
tropical storm or hurricane.
• Extend the life of the two District under Chapter 298, Florida Statutes
The second policy option is an extension of time, preferably in perpetuity, without any
changes in the responsibilities of the Districts. While the 298 drainage law may have
been appropriate for conditions a century ago, current regulations and comprehensive
plans require enhanced planning, engineering and monitoring of development activities.
The 298 Districts would have a limited role in the process, and St. Lucie County would
have to become increasingly engaged in the planning, construction and implementation of
infrastructure within the Districts boundaries. This may require the allocation of
additional funding or staff on the part of St. Lucie County.
• Extend life of the two Districts under Chapter 189, Florida Statutes
The preferred option would be to reestablish the districts under Chapter189, F.S. This
legislation was created to provide an effective framework for the environmental and
development challenges that exist today, and were not anticipated a century ago by the
298 statute. The main advantage is that a 189 District may, at the discretion of St. Lucie
County, have responsibilities beyond drainage and flood control. As environmental
regulations and development regulations have changed in recent decades, there is a need
to provide additional public services, and 189 Districts are established to fill this role.
The consensus of the Board of Supervisors of the two Districts is to implement the third
option and that is to extend life of the two Districts under Chapter 189, Florida Statutes.
'O¢I HjBI'o-ssnd'WV 90:90 LI POOMONO T-P'POOZ-SO-ZO-ZS108iNoo\sd.VB06D-PL68