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Nicholas Guarriello <br /> General Manager and CEO <br /> Florida Municipal Power Agency <br /> 8553 Commodity Circle <br /> Orlando, FL 32819 <br /> RE: Florida Municipal Power Agency Board Meeting Agendas <br /> Dear Mr. Nicholas P. Guarriello, <br /> The sale of the City of Vero Beach electric utility is a critical issue in our community and <br /> the Florida Municipal Power Agency (FMPA) is a significant party in that discussion. As such, I <br /> respectfully request that the agendas for the meetings of the FMPA Board of Directors and the <br /> FMPA ARP Executive Committee and any other FMPA board or committee note this issue on <br /> an agenda if it is to be discussed at a public meeting. <br /> The agendas of the December 12, 2013, January 23, 2014 and April 17, 2014 eetings <br /> of the FMPA Board of Directors and the February 20, 2014, April 17, 2014 and May '15, 2014 <br /> meetings of the FMPA ARP Executive Committee make no reference to the proposed City of <br /> Vero Beach electric utility sale with Florida Power & Light. However, the issue of the sale was <br /> raised by the staff of the FMPA at these meetings. It would appear that the FMPA is <br /> intentionally hiding this issue in order to discourage public participation. <br /> Although the failure of an item to appear on an agenda does not preclude discussion of <br /> that item at a properly noticed meeting, the Attorney General has taken the position that boards <br /> should discuss only those matters of which the public has been properly advised. Thettorney <br /> General has even warned boards that the use of tactics to circumvent or frustrate the Sunshine <br /> Law could subject such boards to appropriate legal action. <br /> The Indian River County Board of County Commissioners believes that the ',FMPA's <br /> failure to notify our constituents that this issue will be discussed at a public meeting inhibits their <br /> participation in the open public meeting process thus frustrating the purpose of the Sunshine <br /> Law. We therefore respectfully request that all future agendas reflect any discussions of the <br /> proposed City of Vero Beach electric utility sale with Florida Power& Light. <br /> Sincerely, <br /> Peter O'Bryan <br /> Chairman, Indian River County <br /> Cc: Frederick M. Bryant, Esq., General Counsel <br /> 128 <br />