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02/10/2015 (3)
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02/10/2015 (3)
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
02/10/2015
Meeting Body
Board of County Commissioners
Book and Page
140
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bring its rates down comparable to FPL because of the City's predecessors who have locked the <br /> City into a long-term power supply; and 3) the City continues to set its rates at a level which <br /> caused the Town and other captive non-resident customers to produce millions of dollars of <br /> surplus electric revenue, which the City transfers to its general operating fund. <br /> Attorney May said that faced with those three realities, the Town believes the City no <br /> longer has the power or the will to independently manage its electric utility business and thus <br /> unable to assure that the Town and its citizens would receive fair and reasonable priced service <br /> over the long term. He said the City to date has not acknowledged that the Town has an equally <br /> independent fundamental interest and responsibility to protect its citizens from unfair rates and <br /> utility prices. He continued that the legislature has given the Town specific expressed statutory <br /> powers to provide electric service to its inhabitants by either providing the service itself, or by <br /> contracting with other utility providers. He said the core issue was not the high rates, but <br /> municipal law and whether the City had the right to assert extra-territorial monopoly electric <br /> powers and abstract monopoly rates after the franchise agreement expires in November 2016. <br /> He referred to Florida Statutes Section 180.02, Powers of Municipalities. <br /> Attorney May indicated the Town had been working on ways to solve this issue for the <br /> interest of all parties. He asked the City to consider respecting the rights of the Town to furnish <br /> electricity to its residents, pursuant to the express powers granted to the Town in the Laws of <br /> Florida, Chapter 29163. <br /> Indian River County's Opening Statement <br /> Peter O'Bryan, Indian River County Board of County Commissioners, stated the <br /> County's long held best solution in the City's electric issue was the full and complete sale of the <br /> utility to FPL. He opined the City showed a lack of will to make a 100% commitment to <br /> complete the sale, or to explore all options due to their reluctance to pass along tax increases to <br /> the citizens of Vero Beach, or to give up their subsidies to the general fund. The County felt <br /> with the restrictions of the Florida Municipal Power Agency (FMPA), the City had no leverage <br /> being under contract with the FMPA, or bargaining position, and was forced to accept these <br /> contracts that continue to perpetuate additional costs passed on to the ratepayers and not the <br /> taxpayers. <br /> The City of Vero Beach's Opening Statement <br /> Robert Scheffel "Schef" Wright, the City's Outside Counsel, stated the City's electric <br /> rates were higher than they wished. He said the decisions by the City throughout the years had <br /> put them in the position they were in today in terms of electric rates. He reiterated the City was <br /> committed to doing everything they could to reduce the electric rates. <br /> Attorney Wright pointed out the City signed a contract to sell the whole electric system to <br /> FPL and he expounded, "you just cannot walk away from a contract". He explained that the City <br /> and the Orlando Utilities Commission (OUC) had an agreement with FMPA, of which OUC <br /> Town of Indian River Shores - City of Vero Beach - Indian River County <br /> Electric Utilities Mediation Page 3 <br /> December 17, 2014 <br /> 6 <br />
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