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HomeMy WebLinkAboutResolutions - 2016.10.06 - 22614REPORT (MR. #16266) October 6, 2016 BY: Finance Committee, Thomas Middleton, Chairperson IN RE INTENT TO ESTABLISH A PROPERTY ASSESSED CLEAN ENERGY PROGRAM AND CALLING PUBLIC HEARING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Finance Committee, having reviewed the above referenced resolution, recommends the following amendments: Add the following to the TITLE: IN RE: BOARD OF COMMISSIONERS - INTENT TO ESTABLISH A PROPERTY ASSESSED CLEAN ENERGY PROGRAM AND CALLING PUBLIC HEARING Amend the following in the first WHEREAS: WHEREAS the Oakland County Board of Commissioners intends to authorize the establishment of a property assessed clean energy program ("PACE Program") and create a PACE district pursuant to Act No. 270, Public Acts of Michigan, 2010 ("Act 270"), for the purpose of promoting the use of renewable energy systems and energy efficiency improvements to privately owned commercial or industrial by owners-of-certain real property; and Amend the following in NOW THEREFORE BE IT RESOLVED, SUBSECTION 5: 5. The Board of Commissioners hereby sets a public hearing for Thursday, October 6, 2016 Wednesday, October 2e, 2016 at 7:00 p.m. 9:30 a.m, in the Board of Commissioners office, 1200 North Telegraph Road, Pontiac, MI Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. REPORT October 6, 2016 BY: General Government Committee, Christine Long, Chairperson IN RE: MR #16266 - BOARD OF COMMISSIONERS — INTENT TO ESTABLISH A PROPERTY ASSESSED CLEAN ENERGY PROGRAM AND CALLING PUBLIC HEARING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution on October 6, 2016, reports with the recommendation the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE GENERAL GOVERNMENT COMMITTEE Motion carried unanimously on a roll call vote with Quarles absent. MISCELLANEOUS RESOLUTIONA 16266 BY: Commissioner Michael Gingell, District #1 and Commissioner David Woodward, District #19; Commissioner Michael Spisz, District *3 IN RE: INTENT TO ESTABLISH A PROPERTY ASSESSED CLEAN ENERGY PROGRAM AND CALLING PUBLIC HEARING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners intends to authorize the establishment of a property assessed clean energy program ("PACE Program") and create a PACE district pursuant to Act No. 270, Public Acts of Michigan, 2010 ("Act 270"), for the purpose of promoting the use of renewable energy systems and energy efficiency improvements by owners of certain real property; and WHEREAS the Board of Commissioners intends to find that financing energy projects is a valid public purpose because it reduces energy costs, reduces greenhouse gas emissions, stimulates economic development, improves property values and increases employment in the County; and WHEREAS the types of energy efficiency improvements and renewable energy systems that may be financed under the PACE Program include, but are not limited to: insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems; storm windows and doors; multi-glazed windows and doors; heat-absorbing or heat-reflective glazed and coated window and door systems; and additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption; automated energy control systems; heating, ventilating, or air-conditioning and distribution system modifications or replacements; caulking, weather-stripping, and air sealing; replacement or modification of lighting fixtures to reduce the energy use of the lighting system; energy recovery systems; day lighting systems; installation or upgrade of electrical wiring or outlets to charge a motor vehicle that is fully or partially powered by electricity; measures to reduce the usage of water or increase the efficiency of water usage; any other installation or modification of equipment, devices, or materials approved as a utility cost-savings measure by the PACE Program; a fixture, product, device, or interacting group of fixtures, products, or devices on the customer's side of the meter that use one or more renewable energy resources to generate electricity. Renewable energy resources include, but are not limited to: biomass (including a biomass stove but not an incinerator); solar and solar thermal energy; wind energy; geothermal energy and methane gas captured from a landfill; and WHEREAS the Board of Commissioners intends to create a PACE district having the same boundaries as the County's jurisdictional boundaries; and WHEREAS the Board of Commissioners intends to join Lean & Green Michigan TM, and intends to utilize Levin Energy Partners, LLC as PACE administrator (the "PACE Administrator") to administer its PACE Program; and WHEREAS the report referenced in Section 9(1) of Act 270 (the "PACE Report") shall be available on the County's website at http://www.oakgov.com/boc, and shall be available for viewing at the office of the County Clerk located at: 1200 North Telegraph Road, Pontiac, MI 48341. NOW THEREFORE BE IT RESOLVED that 1. The Board of Commissioners, being fully apprised of the PACE Program, finds that financing energy projects is a valid public purpose because it reduces energy costs, reduces greenhouse gas emissions, stimulates economic development, improves property values and increases employment in the County. 2. The Board of Commissioners, by adoption of this Resolution, formally states its intention to establish a PACE district having the same boundaries as the County's jurisdictional boundaries and a PACE Program as described in and for the reasons set forth in this resolution. 3. The Board of Commissioners formally states its intention to provide a property owner-based method of financing and funds for energy projects, including from owner-arranged financing from a commercial lender, which funds and financing shall be secured and repaid by assessments on the property benefited, with the agreement of the record owners, such that no County moneys, general County taxes or County credit of any kind whatsoever shall be pledged, committed or used in connection with any project as required by and subject to Act 270. 4. The Board of Commissioners, by adoption of this Resolution, formally states its intention to join Lean & Green MichiganTM, and to utilize Levin Energy Partners, LLC as PACE Cornm Distri Commig District # (i Commissioner District # oner loner on'imissioner Mic/bEfel Gingell District #1 Cct aer$Iffis strict Commission Distr Commissioner District #/ Commissioner Distsict # issioner bhi GerrilThissioner —0/ Distdict # Commissione District # Commissidner District # .20 Administrator. 5. The Board of Commissioners hereby sets a public hearing for Thursday, October 6, 2016 at 9:30 a.m. in the Board of Commissioners office, 1200 North Telegraph Road, Pontiac, MI 48341, to receive comments on the proposed PACE Program, including the PACE Report. 6. The County Clerk is authorized and directed to publish a notice of intent to establish a PACE district and a PACE Program, and a notice of the public hearing set by this Resolution in a newspaper of general circulation in the County as a display advertisement prominent in size. The County Clerk shall maintain on file for public review a copy of the PACE Report and shall cause the PACE Report to be available on the County's website in accordance with the requirements of Act 270. 7. All resolutions and parts of resolutions inconsistent with this Resolution are repealed to the extent of such inconsistency. Chairperson, we move the adoption of the foregoing resolu.tio Commissioner David Woodwar' District #19 Disb1ct# ,e741Are- , District # Commissioner District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Resolution #16266 September 22, 2016 The Vice Chairperson referred the resolution to the General Government Committee and the Finance Committee. There were no objections FISCAL NOTE (MISC. #16266) October 6, 2016 BY: Finance Committee, Tom Middleton, Chairperson IN RE: BOARD OF COMMISSIONERS — INTENT TO ESTABLISH A PROPERTY ASSESSED CLEAN ENERGY PROGRAM AND CALLING PUBLIC HEARING To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The resolution authorizes the establishment of a Property Assessed Clean Energy (PACE) program and creation of a PACE district pursuant to Act No. 270, Public Acts of Michigan, 2010 ("Act 270"). 2. In addition, the intent is to provide and promote a property owner-based method of financing and funds for energy projects. 3. Furthermore, in agreement with the owners of record, no County moneys, general County taxes or County credit of any kind whatsoever shall be pledged, committed or used in connection with any project as required by and subject to Act 270. 4. A Property Assessed Clean Energy (PACE) program would be created at little or no cost to County taxpayers. The costs associated with the public hearing notice will be covered by the existing Board of Commissioners' budget. 5. No budget amendment is required. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. Resolution #16266 October 6, 2016 Moved by Fleming supported by Bowman the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). D) 4)/7/(6 GERALD D. POISSON oiteF 04PUTY COUNTY EXECUTIVE AgTINPA P9fig4A.N1' MCL 45.559A(7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 6, 2016, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 6th day of October, 2016. .er/xze) Lisa Brown, Oakland County