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HomeMy WebLinkAboutDocumentation_Regular_Tab 14_10/12/2017 �� ` ' DAVIS � ..- ' ASHTON, PA. Keith W. Davis, Esq. Flondn Bnr Bonrd Certified Attoniey City,County arid Lornl Gouernment Law Email:keithQdavisashtonlaw.com September 29, 2017 MEMORANDUM To: Mayor Brennan, Vice Mayor D'Ambra, Council Members Arena, Okun and Paterno Cr. Clerk McWilliams From: Attorney Davis Re: Resolution affirming participation in Palm Beach County PACE program The following describes in detail the above referenced agenda item: As you are all aware, in 2012 the Village of Tequesta entered into a PACE program through the Florida Green Finance Authority. T`his was done by resolution. Last month, Palm Beach County adopted a county-wide PACE program. This was done by ordinance. It is applicable throughout the county, including any municipality that does not adopt an ordinance in conflict (in which case the municipal ordinance would control). Since the Village's program was adopted by resolution, the county is asking that we adopt the attached resolution affirming our participation in the county program, even though we previously adopted our own program by resolution. This will allow both programs to operate simultaneously in the Village and will allow all PACE providers that are part of the county program to offer their services in the Village with no further action required by the Village. The alternative would be to adopt by ordinance, our own PACE program; which there is now no need to do. I recommend adoption of the attached resolution to allow the county PACE program to operate in the Village. 701 Northpoint Parktuay, Suite 205, West Palm Beach, FL 33407 � p 561-586-7116 � f 561-586-9611 zounv.dav i sash ton I aw.com ♦LEADING EXPERTS IN LOCAL GOVERNMENT LAW AND ETHICS♦ RESOLUTION 48-17 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AFFIRMING PARTICIPATION IN THE PALM BEACH COUNTY PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE WHEREAS, in 2010, the Florida Legislature enacted Section 163.08, Florida Statutes, which authorizes local governments to create individually, or in partnership with other local governments, Property Assessed Clean Energy (PACE) programs in order to provide the upfront financing for energy conservation and efficiency (i.e., energy-efficient heating, cooling, or ventilation systems), renewable energy (i.e., solar panels), wind resistance (i.e., impact resistant windows)and other improvements that are not inconsistent with state law; and WHEREAS, the Village of Tequesta has entered into non-exclusive agreements with PACE program providers to make their PACE programs available to Village residents and business owners(Village of Tequesta Resolution 24-12); and WHEREAS, Palm Beach County recently passed the Palm Beach County PACE ordinance (County Ordinance No. 2017-012) to authorize a county-wide PACE program in which multiple PACE program providers will participate; and WHEREAS, the County PACE ordinance will encourage competition among PACE program providers throughout the County; and WHEREAS, the County PACE ordinance also adds additional consumer protection enhancements which are not in conflict with the Village's requirements; and WHEREAS, the Village of Tequesta has reviewed the County's PACE program and finds that it will be beneficial to the residents and business owners of the Village of Tequesta and will serve to augment the Village's current PACE program; and WHEREAS, the Village Council finds that adoption of this Resolution, adding the county PACE program to the Village of Tequesta is in the best interest and welfare of the residents and business owners of the Village of Tequesta. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,FLORIDA,AS FOLLOWS: Section 1. The above recitals are true and correct and are incorporated herein by reference. Section 2. In accordance with the Palm Beach County PACE ordinance, the Village Council of the Village of Tequesta affirms its participation in the County PACE program. Village of Tequesta residents and business owners participating in a PACE provider program will enjoy the protections and benefits provided by the County PACE program as of the effective date of this Resolution. Section 3. All resolutions, or parts of resolutions, in conflict with this Resolution shall be deemed repealed in whole or in part as of the effective date of this Resolution. It is not the intent of this conflicts clause to repeal Village of Tequesta Resolution 24-12 as this is deemed supplemental and not in conflict. Section 4. If any provision of this Resolution, or the application thereof to any person or circumstance, is held to be invalid, the invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared severable. Section 5. This Resolution shall take effect immediately upon adoption.