03/15/2011 (4) - Laserfiche WebLink

Home Browse Search

Board of County Commissioners March 7, 2011 Page Six (4) decide whether to pursue a carefully worded survey, including whether to conduct such a survey now or later, only after it appears that a sale to FPL will not occur. The County Attorney has no strong opinion on the timing issue. If the County pursues a survey now, the City Council might view it as interference in the sale process. On the other hand, the results of the survey could be helpful to the City Council in deciding whether to sell the utility. If the BCC decides to pursue a survey, the process might start with a formal request to the City to cooperate in conducting such a survey, possibly through a bill stuffer, as the least expensive method; and (5) if a sale does not occur, and if the City will not agree to changes in its electric system which better protect non-resident customers, then the County should consider an aggressive pursuit of all of the remaining alternatives listed above, including intervention in the PSC case, pursuit- of a political solution at the state level and filing a lawsuit to enforce the 2008 Mayfield legislation. In short, the County Attorney's recommendation is based on two underlying notions: FPL will decide whether to make an offer within a relatively short period of time, estimated to be three months or so, and the City Council, elected with a clear mandate to seriously consider a sale, should be given an opportunity to do so. Only if it appears that a sale will not occur and that the rate and subsidy burden will continue to be imposed on non-resident customers, should the County pursue aggressive alternatives. RECOMMENDATION. The County Attorney recommends that the Board (1) adopt a resolution stating its position on the electric issues, (2) give the -City Council a reasonable time to work out a sale to FPL, (3) monitor, but not -intervene in, the Faherty/Reran PSC case for now, (4) make a decision on the survey issue, and (5) aggressively pursue all remaining alternatives, if it appears that a sale to FPL will not occur and the City refuses to change current practices which place a rate and subsidy burden on non-resident customers. WAN FAARome,kU.dAGENERAA8 C C,4ge.da MemoAIRC-COVB (Electric hn,e4d-