Pro-sale fundamentalist urging Council to challenge FMPA in court

COMMENTARY

Wilson, who has drawn papers to be filed with the City Clerk should he choose to run yet again for public office, appears before the City Council at nearly ever meeting, at least every televised meeting.  In the political world they call it “getting valuable face time.” This week, Wilson plans to convince the City Council to waste millions in an ill-conceived and groundless lawsuit against the Florida Municipal Power Agency. 

MARK SCHUMANN

Charlie Wilson
Charlie Wilson
Richard Winger
Richard Winger

Utility activist and pro-sale fundamentalist, Charlie Wilson, has asked for 10 minutes to address the City Council this coming Tuesday. According to the meeting agenda, Wilson will urge the Council to challenge the Florida Municipal Power Agency in court.

Whether Wilson is before the Council and the cameras for ten minutes, or much longer, may depend on how willing Mayor Richard Winger is to debate Wilson. The problem with debating someone as disconnected from reality as Wilson seems to be is that it is not long before observers are unable to tell foolishness from reason.

Pilar Turner
Pilar Turner

The five legal scholars who serve on the County Commission, along with City Councilwoman Pilar Turner, all seem to agree with Wilson that the time has come to express their frustrations by throwing good money after bad in waging a legal battle with the FMPA that will be lengthy, costly and likely to fail.

What none of them seem to appreciate is that this is not the first time the City has locked horns with the FMPA, challenging the terms of contracts. From April 2004 through August 2005, the City of Vero Beach spent nearly $1.3 million unsuccessfully arbitrating a case against the Florida Municipal Power Agency.  As the losing party, the City paid another $587,307 to reimburse the FMPA for its costs in the case.

Given that the City has already sunk nearly $2 million in failed arbitration, and another $1.5 million on transactional attorneys who have been unsuccessful in clearing a way around FMPA contracts, the latest calls for another legal assault on the FMPA are likely to fall on deaf ears.

Pilar Turner, by far the most strident critic of the FMPA this side of the Gulf of Mexico, may be spoiling for a multi-million dollar legal battle with the power agency, but she will not likely find any support among her fellow Council members.

Echoing Turner, Charlie Wilson, is making noise about urging the City to take the FMPA to court. But Wilson is hardly a credible source on legal issues.

Wilson’s sketchy legal scholarship, let us remember, led him to interpret the City’s residency requirement for Council candidates in a way that resulted in his removal from office just one month after being elected.  Now, “Justice” Wilson says he will go before the Council to “bring up the legal precedence for us challenging the contract with the FMPA.” That, at least, is what the self-described Professor of Political Baloney said on local radio Tuesday.

Wilson seems oblivious to the fact that on March 17, 1983 the Florida Supreme Court issued a ruling affirming the Leon County Circuit Court’s validation of the very FMPA contracts he now insists be challenged in court.

Wilson, Turner and the members of the County Commission can make all the noise they want about taking the FMPA to court, but the fact remains the FMPA contracts to which Vero Beach is a party have been “validated and confirmed” by the Florida Supreme Court.

Given the serious and possibly insurmountable issues raised in an April 30 letter from Orlando Utilities Commission General Counsel Chris Browder to FMPA General Counsel Fred Bryant, it is almost impossible to believe the OUC will stay in the deal. If and when the OUC bows out, then it will be time for those who are serious about lower electric rates to roll up their selves and work together to bring rate relief to the 34,000 customers of Vero Electric.

In these efforts, the City will need the support and cooperation of the FMPA and the OUC, which is why the time has come for the City Council to choose someone other than Turner to represent the City on the FMPA board.  Make no mistake about it.  Turner, who takes County Commissioner Tim Zorc along with her to the meetings in Orlando, is burning bridges.

See: April 30 letter from OUC suggests wheels may be coming off power sale

 

 

3 comments

  1. Insist that Wilson put his argument in writing for review by the City Attorneys. If it is found plausable by them, then it can be put on the agenda. If not, 3 minutes and out.

  2. Thanks for pointing out the fact that COVB had already poured $2M down this particular rat hole just a few years ago. It makes absolutely no sense to go down that hole again. Until the existing contracts can be renegotiated there is no deal to be done. Period.

  3. Mr Wilson is off and running once again for public office. When he begins his ten minute campaign speech at the next public meeting I will turn the tv off ,get a cup of coffee .I am not inclined to listen to anything having to do with spending more money on a doomed court action against FMPA..Mr Wilson ought to get a new campaign theme.

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