Winger inquiring about still more missing documents

Will you get me some help with what ‘appears’ to be missing?,” City Councilman Richard Winger wrote to the City Clerk today.

MARK SCHUMANN

Richard Winger

Though just two days remain before the FPL-controlled majority on the Vero Beach City Council will presumably approve a proposed purchase and sale agreement for the handover of Vero Electric, many documents appear still to be unavailable for review by members of the Council, or by the public.

Councilman Richard Winger today wrote the following email to City Clerk Tammy Bursick asking about documents that, presumably, will be part of the contract between the City and FPL.

Winger’s email to the City Clerk:

Tammy,

Because I know documents were still dribbling in Friday, I am suspicious more documents are missing and necessary for a review.  In attempting to reconcile the tabs in this book with the index pages iv, v, and vi of the agreement to see what is missing, I come up with the following. 

Tab 1 is the Contract with the addition of the following.

Tab 2 It the termination with OUC.  I cannot find it in the list of exhibits.

Tab 3 is A-1 in Exhibits

Tab 4 is Exhibit A-2 in Exhibits

Tab 5 is Exhibit B – Bill of Sale for the System. But under this tab is Schedule I with nothing behind it.  Is it misplaced?

Tab 6 is the Franchise Ordinance Exhibit E

Tab 7 is the Termination Agreement Exhibit F

Tab 8 is Exhibit D Seller’s Affidavit

Tab 9 is the movement of Substation 1 across the street. What Exhibit or Schedule is it?

Tab 10 is the Partial Sale Default of the IRS business.  – Does it have an Exhibit or Schedule Associated?

Tab 11 is the sale of 15 parcels of property around the City.  The last few are the tie line but for the rest it is almost impossible to know what we are selling.  Is this Exhibit C?  Obviously, we need to know what FPL is buying.

Tab 12 Must be Exhibit I-1A – Lease of Substation 5 at the airport.

Tab I is Exhibit P – Indian River Farm License.

Tab II is Exhibit 1-1B Substation 6 Lease at Airport.

Tab III apparently is Exhibit L-3 (not labeled) for dismantling the current substation #1.

Tab IV is L-1 – Fiber Optics Leasing to FPL

We also have further pieces as follows that came in later

Friday not yet tabbed in the Blue Book.   They are:

A.  Substation License  and Access Agreement – What Exhibit or Schedule is this?

B.  Exhibit Q – Indian River Farms Sublicense

C.  Ground License Agreement with School Board and County.  What Exhibit or Schedule is This. 

Check me, but looking at the index of Schedules and Exhibits the missing ones appear to be:

Exhibit I-2 – Warehouse Lease

Exhibit J Current Form of Streetlight Agreement – But look at Exhibit B which involves this same subject

Exhibit L-2 Form of Substation Easement Agreement

Exhibit R Substation 20 Transmission

Exhibit S Power Plant Site Property Description

Exhibit T Grand harbor Property Description.

Exhibit U Acquired Substations and Certain Other FPUA Joint Facilities

Exhibit Y  Form of Grounding Lease Agreement  May be part of L-1

Schedules – There are 42 schedules listed on page v & vi  some are fairly critical.  Where are these 42 documents?  

Will you get me some help with what “appears” to be missing?

What is really missing need be there in time for the meeting.  We cannot vet an incomplete contract.

Also, I will need 3 hours with the attorney tomorrow.  I see a number of issues which “appear” to cause the taxpayers unnecessary expense.

Dick Winger

10 comments

  1. This is ridiculous. As a member of the Finance Commission, I am asked to read hundreds of pages of documents in legalese, many of which relate to other documents, some of which are gibberish or still missing. The task is huge and there is not reasonable time to confer and determine the real meaning and impact of many texts.

    Are we going to do this faulty Power Plant thing again in the same decade? Pounding this incomplete and probably faulty document through the signature process without close and careful scrutiny is a travesty. It benefits FPL and 3 Vero Beach citizens. The other 15,220 of us are getting a railroad job.

    Where are truth, honor and justice? … and due diligence?

  2. Vic, In truth, this deal, as written, probably does not benefit even three Vero Beach “citizens.” More accurately, it benefits FPL, and likely will also benefit the residents of Indian River Shores. If the deal defaults to a partial sale, it will, in fact, harm the residents of Vero Beach and the remaining customers of Vero Electric. Would you check on the portion of the agreement addressing demolition of the power plant? Does FPL get the equipment, and if Vero Beach left with an empty building?

  3. It is a travesty that the citizens within the city limits of Vero Beach especially those on the mainland may not have a clue to the negatives of selling out to FPL in this hurried fashion. There is far more here than maybe saving a few dollars now at the expense of the price raises in the future that are in the planning of FPL. These same citizens will be stuck with this sellout forever.
    I believe we should do more research and education on this before changing and somehow find a way to get the facts to this section of the electorate. Many may not subscribe to the local newspaper.

  4. ” More accurately, it benefits FPL, and likely will also benefit the residents of Indian River Shores. If the deal defaults to a partial sale, it will, in fact, harm the residents of Vero Beach and the remaining customers of Vero Electric”. Correct Mark, The truth always prevails but sometime hurts, and hurts many. I want you to know that many residents of the Shores know that this cure for us will help us, but we are in concert with the residents of the City who will suffer because they were placed into this situation by a trusted few who created this situation. I would have loved a Vero Beach Electric that was profitable and up to date, and controlled by a City that I love and trust, why don’t these things ever survive?

  5. Forgive me, Larry, but I’m not following your logic. What I do know is that a partial sale will lead to higher rates for the remaining customers of Vero Electric, and WILL NOT lead to the savings for Shores residents which they seem to be expecting. As you may know, Vero Electric’s billings are a matter of public record. Tomorrow I am going to request from City your billing records so that it can be confirmed you will be savings “thousands,” as you have claimed.

  6. When a deal is being made for our power system, why is it so difficult to see all the ‘facts’–every page of this transition? Mr. Winger is not asking for anything unusual, and it is a shame that he is finding it next to impossible to see every page of this ‘deal’. I’ve said it before – and probably will for a long while – what is being hid from us? Backroom deals by so many who are not residents of the City make me uncomfortable…..and more than a little angry and disappointed.

  7. All of the previous comments have been legitimate concerns and should be seriously considered before this City Council rushes off and signs a contract only three people have approved! We’re simply asking for a fair review of the contract. Is it not our right as citizens of this county? A previous commenter said: I believe we should do more research and education on this before changing and somehow find a way to get the facts to this section of the electorate. Many may not subscribe to the local newspaper.
    Now doesn’t that make sense? The politics of Howle, Moss and Sykes want this deal done at any cost BEFORE the election next Tuesday. Everyone: PLEASE VOTE, and lets preserve a little integrity for our town.

  8. The timing of the Troika signing of this odious deal is suspect to say the least, and will in the end cost Vero city residents more forever. The big winner is FP&L which is on it’s way to becoming a monopoly. Why is Tallahassee pushing this deal? One can only guess.
    This is the beginning of the end of the city of Vero and the swallowing up of the city by the county.
    Next on the agenda is the sale of Water& Sewer to the county,which happens to be a money maker for the city and a loser for the county.
    The net result for all of this is higher electric bills, higher water bills and the loss of an independent city of Vero. Our lives are about to change,and I do not like what I see.

  9. One does not have to guess why state leaders are twisting arms across the state to help “Little Eric” satisfy his ecoic need to acquire Vero Electric. Just follow the money! FPL has given and continues to give millions of dollars each year in political contributions. If it were not legal for giant corporations to use their money to essentially buy politicians, think how much FPL could reduce its rates. More importantly, if the legislature and the Public Service Commission were not dominated by the investor-owned utilities, they could actually serve the public interest, rather the the interests of FPL.

    The FMPA cities that are agreeing to accept less than their joint action agency needs to protect itself from losses as a result of Vero Beach’s departure are doing so for largely because they have concluded FPL no longer desired to come after them next.

    Who knows for sure what FPL will do next. “Little Eric” did publicly declare FPL’s desire to grow its customer base and its profits by acquiring municipal electric utilities. To a group of investors Silagy said, “I’ve got the Governor (Rick Scott) going around the state saying to the other cities, ‘Why don’t you sell to FPL.”

    FPL’s design has been to launch its statewide conquest in Vero Beach. Perhaps the remaining FMPA cities have concluded “Little Eric” no longer seeks to take them over, too. For their sakes, let’s hope they are right.

    Regarding the future of the City of Vero Beach, if the voters are so apathetic and gullible that they will, in the case of some, not bother to vote, and in the case of others, allow themselves to be fooled by a flood of misleading advertising paid for exclusively by FPL, then you have to take a step back and ask a fundamental question. If the populous of the city, or of our nation for that matter, is incapable of intelligent self government, then maybe they/we deserve to lose the fine city they now have. As Mr. Wilson likes to say, “Elections have consequences.”

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