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HomeMy WebLinkAbout2009-173RESOLUTION NO. 2009- 173 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING LOCAL LEGISLATION TO ALLOW THE CITY OF VERO BEACH ELECTRIC UTILITY TO BE PLACED UNDER THE PUBLIC SERVICES COMMISSION CONTROLS. WHEREAS, of the approximate 34,000 City of Vero Beach (COVB) electric utility customers, over 18,000 (about 51%) are Indian River County property owners, tenants, taxpayers, businesses, and/or voters; and WHEREAS, such County electric utility property owners, tenants, taxpayers, businesses, and/or voters want to have their electric utility service be controlled by the Public Service Commission, franchised by their elected representatives in the County, and not controlled directly or indirectly by COVB officials who are not inclined to equitably represent County customers and for whom electric utility customers in the County cannot vote; and WHEREAS, such County electric utility property owners, tenants, taxpayers, businesses, and/or voters have a portion of their COVB utility payments, taxes, and/or fees paid to COVB and used directly or indirectly to support the COVB budget rather than the County budget and/or County enterprise fund(s); and WHEREAS, such County property owners, tenants, taxpayers, businesses, and/or voters served by COVB electric service are covered by County RESOLUTION NO. 2009- 173 Board Resolution 87-12, dated March 5, 1987, which expires in 2017 and requires at least five (5) years advance notice (by March 4, 2012); and WHEREAS, the Florida Public Service Commission approved a Territorial Agreement on November 3, 1981 (Docket No. 800596 -EU, Order No. 10382) between COVB and FPL, to divide the local electric service area between COVB and FPL at a time when about 10% of the electric customer population was outside of COVB whereas now about 61 % (about 22,000) of electric service property owners, tenants, taxpayers, businesses, and/or voters reside outside of COVB in the County and in the Town of Indian River Shores; and WHEREAS, COVB imposed a 10% municipal electric utility surcharge (Section 25-9.0525) on County property owners, tenants, taxpayers, businesses, and/or voters which: it has proposed to be eliminated as a separate charge; is to be included in its electric base rate; and the elimination of which could lead to a higher rate charged by the COVB to County customers; and WHEREAS, significant past and proposed COVB increases in its electric utility rates will cause significantly higher and continuing electric utility rates above FPL rates that are unreasonable, unduly discriminatory, and will have an adverse financial and economic affect on COVB electric utility property owners, tenants, taxpayers, businesses, and/or voters in the County; and WHEREAS, the sales, leases, and values of real estate served by COVB utilities are being adversely affected financially and economically by having COVB utilities which take out about $10M in additional electric utility fees from County customers and the economy; and RESOLUTION NO. 2009- 173 WHEREAS, adequate time is needed for planning, implementing, and transferring over 18,000 County electric utility property owners, tenants, taxpayers, businesses, and/or voters from the COVB to FPL with no related unreasonable financial or economic impact; and WHEREAS, the County could save a part of its budget paid for COVB utilities services outside the COVB's boundaries and also increase property tax collection for itself and other taxing districts by converting COVB transmission and distribution ownership from the COVB to FPL; and WHEREAS, a resolution in support of allowing the COVB electric utility to be placed under the Public Service Commission controls would aid the Local Legislative Delegation at its meeting of December 4, 2009; and WHEREAS, County notice within the next six months to the Public Service Commission of its desire to open the bidding for FPL and/or COVB to provide economic electric service to the over 18,000 County customers starting March 5, 2017, would provide adequate time for the County to assess proposed customer rates and service prior to deciding whether or not to renew the COVB agreement on or before March 5, 2012, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Indian River County, Florida supports the Local Legislation to allow the City of Vero Beach electric utility to be placed under the Public Services Commission controls the same as FPL; and 2. The Clerk to the Board is directed to forward a certified copy of this resolution to the members of the Indian River County Local Legislative Delegation. 3 RESOLUTION NO. 2009-173 The resolution was moved for adoption by Commissioner Davis , and the motion was seconded by Commissioner Wheel er , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Ave Vice Chairman Bob Solari Absent Commissioner Wesley S. Davis Ave Commissioner Joseph E. Flescher Ave Commissioner Gary C. Wheeler Ave The Chairman thereupon declared the resolution duly passed and adopted this 1 st day of December, 2009. ATTEST: Jeffrey K. Barton , Q Clerk of Court C —��cn.� (X&� Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICI NCY BY WILLIAM Q. COLLINS II COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chain an 11