Creating Sauk County Code Ch. 44, Property Assessed Clean Energy Financing, Approving Commission Agreement, Approving Directing Appointment of Supervisor to PACE Commission Board

WHEREAS, pursuant to Wis. Stat. § 66.0301, two or more municipalities of the State of Wisconsin, may by contract create a commission for the joint exercise of any power or duty required or authorized by law; and,

WHEREAS, Sauk County is a “municipality” as that term is defined in Wis. Stat. § 66.0301 and a political subdivision located in the State; and,

WHEREAS, Sauk County is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare, which may be accomplished by various means; and,

WHEREAS, Wis. Stat. § 66.0627(8) authorizes a city, a village, a town and a county in this State to, among other things, make a loan to or otherwise arrange, participate in or facilitate the financing of an energy improvement, a water efficiency improvement or a renewable resource application to a real property within its jurisdiction and to provide for such financing through the imposition of a special charge against the property benefitted by the energy or water efficiency improvement or renewable resource project; and,

WHEREAS, such financings are commonly referred to as “Property Assessed Clean Energy” or “PACE” financings; and,

WHEREAS, Sauk County has determined that it is in the public interest to provide real property owners, lessees, lenders and other transaction parties in Sauk County with access to a uniformly-administered program for PACE financing; and,

            WHEREAS, in 2016, Dunn, Eau Claire, and La Crosse Counties, with the support and  counsel of the Wisconsin Counties Association, League of Wisconsin Municipalities, Green Tier Legacy Communities and other stakeholders, created a commission pursuant to Wis. Stat. § 66.0301 known as the Wisconsin PACE Commission (“Commission”). The Wisconsin PACE Commission was created and is operated in accordance with a Joint Exercise of Powers Agreement Relating to Wisconsin PACE Commission (“Commission Agreement”) which is attached to this resolution.  Since 2016, twelve other County members have joined the Commission. Current members include the Counties of Ashland, Bayfield, Chippewa, Dane, Douglas, Dunn, Eau Claire, Fond du Lac, Iowa, Jefferson, La Crosse, Manitowoc, Marathon, Ozaukee, Racine, Sheboygan, St. Croix, Washington, and Wood; and,

            WHEREAS, it is in Sauk County’s best interests to join the Wisconsin PACE Commission and authorize the execution of the Commission Agreement; and,

            WHEREAS, in accordance with Wis. Stat. § 66.0627 and the provisions of the Commission Agreement, Sauk County must adopt an Ordinance relating to the administration of PACE financings in Sauk County and throughout the State (“PACE Ordinance”); and,

            WHEREAS, attached to this Resolution is proposed Chapter 44 of the Sauk County Code of Ordinances, Property Assessed Clean Energy Financing Ordinance, which will be considered at the same meeting at which this Resolution is being considered (“PACE Ordinance”); and,

            WHEREAS, adoption of the PACE Ordinance is a necessary condition to Sauk County entering into the Commission Agreement; and,

            WHEREAS, it is the intent of this ordinance to authorize Sauk County to become a member of the Commission.

            NOW, THEREFORE, BE IT ORDAINED,  by the Sauk County Board of Supervisors met in regular session, hereby creates, approves and adopts Sauk County Code Ch. 44, Property Assessed Clean Energy Financing, to read as contained in the attached Appendix A and shall be effective upon passage; and,

            BE IT FURTHER ORDAINED,  that the Sauk County Board of Supervisors hereby approves the Commission Agreement, a copy of which is attached to this Implementing Ordinance as Appendix B, and authorizes and directs the Sauk County Board chairperson to sign such document; and,

            BE IT FURTHER ORDAINED,  that the chairperson of the Sauk County Board of Supervisors is hereby directed to appoint a county board supervisor in accordance with said Commission Agreement to act as the Sauk County Representative Director on the Board of Directors of said Commission in relation to taking all action necessary to effectuate the intent of this Ordinance, he or she to serve at the pleasure of the Sauk County Board of Supervisors.

For consideration by the Sauk County Board of Supervisors on July 18, 2017.

Respectfully submitted,

ECONOMIC DEVELOPMENT

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MARTY KRUEGER, Chair                                          DENNIS B. POLIVKA

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DONNA STEHLING                                                    ANDREA LOMBARD

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ANDY ANDREWS                                                      BRIAN L. PEPER

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PETER VEDRO                                                          

Fiscal Note:  No fiscal impact.

MIS Note: No information systems impact.