Nov 07, 2023 Fort Pierce Utilities Authority

[A. SET THE AGENDA ]

[C. APPROVAL OF MINUTES]

[D. CONSENT AGENDA]

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MAY HAVE A MOTION. >> A MOVE FOR APPROVAL. >> PLEASE CALL THE ROLE.

CALL] > I MAKE A MOTION TO APPROVE THE CONSENT AGENDA. >> SECOND. PLEASE CALL THE

[E.1. PUBLIC HEARING AND SECOND READING for Resolutions No. UA 2023-10 Water and 2023-11 Wastewater. Presented by Barbara Mika. ]

YOU PLEASE READ THE TITLES OF THE RESOLUTIONS. >> RESOLUTION NUMBER UA 2023 Ã 10 A RESOLUTION AMENDING SUPERSEDING AND RESENDING THE SCHEDULE OF RATES AND CHARGES FOR WATER SERVICES FURNISHED BY FORT PIERCE UTILITY AUTHORITY, FORT PIERCE FLORIDA. AND RESOLUTION NUMBER UA 2022 Ã08. IN ACCORDANCE WITH THE CHARTER OF THE CITY OF FORT PIERCE FLORIDA. ARTICLE 12 PROVIDING FOR 7.07 PERCENT INCREASE IN THE CUSTOMER AND VOLUME CHARGES

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EFFECTIVE DATE. >> THANK YOU. PLEASE PRESENT STAFF PRESENTATION.

>> THANK YOU MADAM CHAIR TO MEMBERS OF THE BOARD. THE FIRST ITEM IS THE PUBLIC HEARING FOR THE SECOND READING FOR THE 2 RESOLUTIONS FOR WATER AND WASTEWATER RATE ADJUSTMENTS. THESE ADJUSTMENTS ARE BASED ON THE FLORIDA PUBLIC SERVICE COMMISSION ADOPTED INFLATION INDEX FOR 2023. IT'S IMPORTANT TO ENSURE CONSISTENT ADOPTION TO AVOID RATE SHOCK AS WE'VE EXPERIENCED IN THE PAST. THIS PRESENTATION COVERS BOTH RESOLUTIONS BEFORE YOU. IN STAFF REQUESTS THIS PRESENTATION BE INCLUDED IN THE RECORD FOR EACH OF THE

RESOLUTIONS COULD WILL PRESENT THIS. >> THANK YOU CHAIR AND BOARD MEMBERS. GOOD AFTERNOON. I HAVE FOR YOU THE SECOND READING OF THE HE PROPOSED RATE ADJUSTMENTS THROUGH RESOLUTION FOR WATER RATES AND WASTEWATER RATES. RATES. I LIKE TO FIRST TALK ABOUT THE BASIS FOR THE ADJUSTMENTS FOR THE INCREASES ON THE INDEX. BASED ON THE FLORIDA PUBLIC SERVICE COMMISSION. THE INDEX IS DEVELOPED BASED FROM THE GROSS OMESTIC PRODUCT IMPLICIT PRICE DEFLATOR OR THE PRIOR YEAR. IT'S A VERY COMPLICATED CALCULATION AND IT'S BASED UPON THE PRIOR FISCAL YEAR 2022. THIS INDEX HAS BEEN IN PLACE SINCE 1993. IT ALLOWS FOR ADJUSTMENTS AND INFLATION YEAR AFTER YEAR. THIS INDEX IS CALCULATED BUT, PUBLISHED ON OR BEFORE MARCH 31 OF EACH YEAR. IT ESTABLISHES THE INDEX FOR THE MAJOR CATEGORIES FOR OPERATING EXPENSES FOR UTILITIES. IT COMES ALONG WITH A LAG. THESE INDEXES ARE BASED ON FISCAL YEAR 2022 THERE PUBLISHED IN 2023 WERE NOW IMPLEMENTING THEM OR ATTEMPTING TO IMPLEMENT THEM IN FISCAL YEAR 24. THIS IS AN PLACEMENT RATES FROM 2 YEARS AGO. THERE IS A LAG IN HIS CALCULATION THAT WE ARE IMPLEMENTING NOW.

THE REASON WHY, THE MAIN REASON IS TO KEEP PACE WITH ATION OR COST OF MATERIALS AND INFRASTRUCTURE IS INCREASING. OVER THE PAST YEARS IF SEEN ITEMS COME BEFORE YOU LOOKING FOR MORE MONEY FOR PURCHASES FOR MATERIALS IN TRANSFORMERS AND MATERIALS IN GENERAL FOR CONSTRUCTION. 5200 PERCENT INCREASES IN PRICES WE HAVE TO PAY FOR THINGS. THE INDEX THAT IS BEEN PUBLISHED FOR THIS YEAR THAT WE ARE POSING A 7.0 PERCENT. NOW, ONCE WE PUT THIS RATE OR ONCE THE RATE IS APPROVED AND PUT IN PLACE IF IT IS, HOW WOULD THESE REVENUES BE USED? THE RATE DRIVEN REVENUES THAT WILL BE GENERATED FROM THESE INCREASES WILL BE USED TO PAY FOR CAPITAL EXPENDITURES OUTSIDE OF THE PROJECT FINDINGS WE HAVE THROUGH GRANTS, CIA, CIC, THE BOND PROCEEDS. WHERE PROJECTS WE DO FOR MAINTENANCE OF OUR MAINS OR INFRASTRUCTURE RENEWALS AND REPLACEMENTS. THINGS THAT ARE COVERED BY RATES THAT ARE NOT COVERED BY OTHER FUNDING SOURCES. ROADWAY PROJECTS THAT ARE PROPOSED TO US WE HAVE NO CONTROL OVER THROUGH THE CITY AND COUNTY. FDO T. THOSE AGENCIES HAVE FUNDING FOR THOSE PROJECTS.

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BASED ON THE SEPTEMBER BILL JUST FOR WATER AND WASTEWATER ONLY VERSUS THE PROPOSED ADJUSTMENT FOR THE JANUARY BILL. THE DIFFERENCE WILL BE $6.83 ON AN AVERAGE BILL OF 5000 GALLONS. THAT'S A 7.07 BUT IT ROUNDS TO 7.1 PERCENT ON THE ADJUSTMENT. THIS IS AVERAGE CONSUMPTION THAT WE EXPERIENCED IN SEPTEMBER. JUST PRESENTING THAT SEPTEMBER BILL WITH THE PROPOSED JANUARY BILL AND CHANGE. I WOULD LIKE TO THANK YOU FOR YOUR CONSIDERATION AND AT THIS TIME STAFF IS RECOMMENDING APPROVAL OF THESE 2 REVOLUTIONS IN

CONSIDERATION BY THE BOARD. >> THANK YOU. I WILL NOW OPEN THE PUBLIC HEARING. IF ANY MEMBER OF THE PUBLIC WOULD LIKE TO BE HEARD ON EITHER OR BOTH OF THESE RESOLUTIONS THESE COME FORWARD NOW. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD WHEN YOU COME YOU WILL HAVE 3 MINUTES TO PRESENT YOUR COMMENTS. SEEING NO ONE, THE PUBLIC HEARING IS NOW CLOSED.

I WILL TURN IT OVER TO THE BOARD FOR DISCUSSION. BOARD MEMBERS? WE HAVE, DO WE HAVE A

MOTION? >> I WILL MAKE A MOTION TO APPROVE.

>> I WILL SECOND. >> PLEASE CALL THE ROLE.

[E.2. PUBLIC HEARING for Public Utility Regulatory Policies Act (“PURPA”) Standards for Consideration. Presented by Caroline Valentin.]

>> THE NEXT ITEM ON THE AGENDA IS CONSIDERATION OF THE PUBLIC UTILITY REGULATORY POLICIES AT STANDARDS. THIS IS A PUBLIC HEARING. MR. SISNEROS, PLEASE PRESENT A STAFF PRESENTATION.

>> THANK YOU MADAM CHAIR. THE NEXT ITEM IS A PUBLIC HEARING FOR CONSIDERATION FOR 2 STANDARDS FOR THE PUBLIC UTILITY REGULATORY POLICY ACT ALSO REFERRED TO AS PURPLE.

THESE STANDARDS ARE AT A MINIMUM MUST BE CONSIDERED BY THE FP WAY BOARD. THE RETAIL ELECTRIC SALES ARE GREATER THAN 5 MILLION, 500 BILLION KILOWATT HOURS. THE CONSIDERATION FOR

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FOR YOUR CONSIDERATION, ERIC MEYER WILL PRESENT THIS ITEM. >> THANK YOU MR. SISNEROS.

GOOD AFTERNOON MADAM CHAIR BENNETT AND MEMBERS OF THE BOARD. THE FOLLOWING PRESENTATION IS A STAFF OVERVIEW OF 2 NEW PUBLIC UTILITY STANDARDS AND ISSUED IN 2021 FOR FP WAY CONSIDERATION AND REVIEW. PURPOSE OR THE PUBLIC UTILITY GRID LITERARY POLICIES ACT AS A COLLECTION OF STANDARDS AND POLICIES CREDIBLE THE FEDERAL GOVERNMENT BEGINNING IN 1978. TO PROMOTE ENERGY, NOVATION AND DOMESTIC ENERGY AND RENEWAL ENERGY.

BEEN SUBSEQUENTLY AMENDED TO INCLUDE ADDITIONAL POLICIES IN 1992, 2005 AND 2007. 2021 THE FEDERAL GOVERNMENT ENACTED THE INFRASTRUCTURE INVESTMENT AND JOBS ACT ALSO KNOWN AS THE IGA.

WHICH ADDED 2 NEW PURPOSE STANDARDS THAT IS FP YOU WAKE SHOULD CONSIDER. MR. SISNEROS ALLUDED TO THE OBLIGATION TO CONSIDER ADOPTION OF THE 2 NEW PURPOSE STANDARDS APPLIES TO ALL UTILITIES WHOSE RETAIL, ANNUAL RETAIL SALES EQUAL OR EXCEED 500 MILLION KILOWATT HOURS DURING CALENDAR YEARS 2020 OR 2021. UTILITIES ARE NOT REQUIRED TO ADOPT OR IMPLEMENT THE STANDARDS. HOWEVER, UTILITIES ARE REQUIRED TO CONSIDER ADOPTION OF THEM.

A WRITTEN DETERMINATION OF THE RESULT OF THAT CONSIDERATION INCLUDING THE REASONS FOR REJECTION IF APPLICABLE. THE FOLLOWING SLIDES WILL GO THROUGH STAFFS REVIEW AND OPINIONS ON THE 2 NEW PURPOSE STANDARDS IN DESCRIBING TO TELL THE IMPACT FP UA. THE STANDARD IS CALLED DEMAND RESPONSE AND DEMAND FLEX ABILITY. WHICH STATES THAT IN GENERAL EACH ELECTRIC UTILITY SHALL PROMOTE THE USE OF DEMAND RESPONSE AND DEMAND FLEX ABILITY PRACTICES BY COMMERCIAL, RESIDENTIAL AND INDUSTRIAL CONSUMERS TO REDUCE ELECTRICITY CONSUMPTION DURING PERIODS OF UNUSUALLY HIGH DEMAND. IN ADDITION FP UA STAFF CONSIDERS TO INCLUDE BY WAY OF THE NOTION OF DEMAND FLEXIBILITY SUCH CONCEPTS AS IT RECENTLY TIME USE OF RATES, INTERACTIVE BUILDINGS AND CONTROLS ON CERTAIN END-USE LOAD SUCH AS WATER SYSTEMS. PART B, WEIGHT RECOVERY IN GENERAL EACH STATE REGULATORY AUTHORITY SHALL CONSIDER ESTABLISHING A RATE MECHANISM LOVING ELECTRIC UTILITY WITH RESPECT TO WHICH THE STATE REGULATORY AUTHORITY HAS RATEMAKING AUTHORITY. TO TIMELY RECOVER THE COST OF PROMOTING DEMAND RESPONSE AND DEMAND FLEXIBILITY PRACTICES IN ACCORDANCE WITH SUBPARAGRAPH A.

NONREGULATED ELECTRIC UTILITY MAY ESTABLISH RATE MECHANISMS FOR THE TIMELY RECOVERY OF THE COST OF PROMOTING DEMAND RESPONSE AND DEMAND FLEX ABILITY PRACTICES IN ACCORDANCE WITH SUBPARAGRAPH A. THE FOLLOWING IS FP UA STAFF RECRUITMENT ON THE FIRST STANDARD. ACCORDING TO THE US ENERGY INFORMATION ADMINISTRATION, THE IDEA POSITIVE IN THE STANDARD FALL WITHIN THE GENERAL LANDSCAPE A DEMAND-SIDE MANAGEMENT. DSM PROGRAMS CONSIST OF THE PLAN INTO MINT PLANT MINTING ELECTRIC UTILITIES WHICH ARE DESIGNED TO ENCOURAGE TO MODIFY THEIR LEVEL PATTERN OF ELECTRICITY USAGE. DEMAND-SIDE MANAGEMENT PROGRAMS CAN BENEFIT CUSTOMERS. BOTH THOSE WHO PARTICIPATE IN THE PROGRAMS AND THOSE WHO DO NOT. IT HAS BEEN A CUSTOMERS BENEFIT BY SPENDING LESS MONEY ON ELECTRICITY BILLS, NOT PURCHASE MANY CUSTOMERS CAN SAVE MANY TOO OLD BECAUSE OF PROGRAM SHIFT ELECTRICITY USAGE AWAY FROM THE TIMES WERE DEMAND IS THE HIGHEST. IN GENERAL, DSM CONSISTS OF THE FOLLOWING CORE AREAS. DEMAND RESPONSE, CURTAILING OR ABATEMENT OF CONSUMPTION BASED ON THE TIME DOMAIN OR ASSOCIATED TIME-BASED PRICE SIGNAL. ENERGY EFFICIENCY, LEVERAGING ADVANCED TECHNOLOGY AS COMPARED TO BASELINE BRAND USES. FOR EXAMPLE DISHWASHERS AND AIR-CONDITIONERS. SUCH THAT THE SAME LEVEL OF UTILITY CAN BE TRIED BY THE CUSTOMER WITH LESS ENERGY. IT ALSO CONSERVATION USING LESS ENERGY

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THE ARP CONSERVATION PROGRAM SINCE ITS INCEPTION HAS INVESTED OVER 11.1 BILLION IN MEASURES AND INCENTIVES FOR ARP PARTICIPANTS. FN PA SUPPORTS USE OF RESPECTIVE OPENING ENGINEERING, ASSUMPTIONS TO TRACK THE SAVINGS ASSOCIATED WITH EXISTING AND NEW MEASURES.

THAT HER ADOPTED AND HAS DEVELOPED A HISTORICAL TRACKING WHILE INTEGRATING PURCHASE PATIENT STATISTICS. ESTIMATING SAVINGS PER YEAR WITH THE INCEPTION OF THE PROGRAM. FP WEIGHT HAS ARP CONCERT PROGRAMS TO DEVELOP ITS WEATHERIZATION, EDUCATION OUTREACH PROGRAM WHICH EDUCATES CONSUMERS ON ENERGY CONSERVATION BENEFITS AND COST SAVINGS OF WEATHERIZATION MEASURES. IN ADDITION THEY PROVIDE REBATES TO LOW INCOME FAMILIES FOR WEATHERIZATION CONSERVATION MEASURES SUBJECT TO AVAILABLE FUNDS. SOME ASPECTS OF THE ACTIVITIES CONTEMPLATE BY THE STANDARD ARE DUPLICATE OF THE EXISTING ARP CONSERVATION PROGRAM. SPECIFICALLY THERAPY CONSERVATION PROGRAM ALREADY INTRINSICALLY INCLUDES RETAIL USES REDUCTION IN SYMPTOMS WITHIN THE PORTFOLIO MEASURES INTO OUR FP OR UA. IN ADDITION THERAPY WHOLESALE DEMAND RATE IS PREDICATED ON THE SUMMER COINCIDENT PEAK 3 ROLLING AVERAGE. AS RESULT OF THE NATURE OF THE HOST CELL POWER SUPPLY PROJECTS FIXED COST ANY COORDINATED LOAD MANAGEMENT WOULD COST SHIFT FIXED COST TO OTHER AIR P PARTICIPANTS.

CONSEQUENTLY THE ARP EXECUTIVE COMMITTEE HAS AGREED TO AVOID A LARGE-SCALE CORD NEEDED LOAD MANAGEMENT TO PREVENT COST SHIFTS. THIS DOES NOT INCLUDE RETAIL PROGRAMS MADE AVAILABLE THROUGH THE AIR P CONSERVATION PROGRAM PORTFOLIO. FINALLY, THERE NO OTHER TIME DOMAIN-BASED COMPONENTS OF THE WHOLESALE ENERGY RATE FOR THE ARP OTHER THAN THE DEMAND RATE WHICH BY EXTENSION INCLUDES A LOAD BASED TRANSMISSION CHARGES. THEREFORE, THERE ARE NO OTHER AVOIDED COST ASSOCIATED WITH CONSUMPTION AT THIS TIME. THAT WOULD TRANSLATE INTO BENEFITS FOR FP UA. WHY IS POSSIBLE TO CONSIDER REDUCE ENERGY COST FOR CHANGES IN CONSUMPTION PATTERNS THAT AVOID MORE EXPENSIVE PICKET RESOURCES. SUCH ADJUSTMENTS WOULD CUSTOMER INCENTIVES AND WE NEED TO REMAIN VOLUNTARY WHICH LIMITS THE NET BENEFIT OF SUCH INCENTIVES. THE SECOND STANDARD IS CALLED ELECTRIC VEHICLE CHARGING PROGRAMS. WHICH INDICATES THAT EACH STATE SHALL CONSIDER MEASURES TO PROMOTE GREATER ELECTRIFICATION OF THE TRANSPORTATION SECTOR. INCLUDING THE ESTABLISHMENT OF RATES THAT A, PROMOTE EQUITABLE ELECTRIC VEHICLE OPTIONS FOR RESIDENTIAL, COMMERCIAL PUBLIC ELECTRIC VEHICLE CHARGING INFRASTRUCTURE. B, IMPROVE THE CUSTOMER EXPERIENCE ASSOCIATED WITH ELECTRIC VEHICLE CHARGING. INCLUDING BY REDUCING CHARGING TIMES FOR LIGHT, MEDIUM AND HEAVY-DUTY VEHICLES. C, ACCELERATE THIRD-PARTY INVESTMENT IN ELECTRIC VEHICLE CHARGING FOR LIGHT, MEDIUM AND HEAVY-DUTY VEHICLES. IN D, APPROPRIATELY RECOVER THE MARGINAL COST OF DELIVERING ELECTRICITY TO ELECTRIC VEHICLES AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE. SO, FOR THE STANDARD THE STANDARD TRUCTED TO STATES NOT TO UTILITIES. HOWEVER, FP WEIGHT WILL CONSIDER THE STANDARD. WITH RESPECT TO SUBPART E, THE FLORIDA DEPARTMENT TRANSPORTATION PURSUANT TO SECTION 339.287 OF THE FLORIDA STATUTES HAS DEVELOPED ELECTRIC VEHICLE INFRASTRUCTURE MASTER PLAN. ALSO CALLED THE EVM PETE. INSTRUCTED BY THE STATUTE IT HAS A PRIMARY GOALS AND OBJECTIVES OF 1 SUPPORTING BOTH SHORT-RANGE AND LONG-RANGE ELECTRIC VEHICLE TRAVEL. IN 2, ENCOURAGING THE EXPANSION OF ELECTRIC VEHICLE USE IN THE STATE. 3, ADEQUATELY SERVING EVACUATION RATES IN THE STATE.

GIVEN THIS EXPENSIVE FOCUS OF THE STATE LEVEL, FP UA HAS A TARGETED FOCUS ON ENSURING A SOLVENT TRANSMISSION, POWER SUPPLY AT MOST A PORTLY DISTRIBUTION SYSTEM THAT CAN SERVE INCREMENTAL EV LOAD. STAFF DOES NOT SEE A NEED TO IMPOSE ADDITIONAL RATES OR MEASURES BE ON THE FDO T EVM P AT THIS TIME. WITH RESPECT TO SUBPART B. FP UA HAS NO DIRECT CONTROL OVER TECHNOLOGICAL ADVANCEMENTS IN THE AREA OF REDUCED CHARGE TIMES. OR THE

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WORKING WITHIN THE FLORIDA MUNICIPAL POWER ENERGY, LOAD FOR ACCESS. EVEIE HISTORICAL DATA REGARDING LIGHT-DUTY VEHICLE TOTALS IN ELECTRIC VEHICLES REGISTERED EACH OF THE COUNTIES SURROUNDING THE FEPA ALL ROOT KARMA'S PROJECT. PARTICIPANTS WAS OBTAINED FOR THE FLORIDA DEPARTMENT OF MOTOR VEHICLES. PROJECTIONS REGARDING EV ADOPTION WERE DEVELOPED FROM 3 SOURCES. SPECIFICALLY THE EIA, 80 2022. WHICH IS A LOW ADOPTION CASE.

THE WORD MCKENZIE WHICH IS THE BASE ADOPTION CASE AND THE BLOOMBERG NEW ENERGY FINANCE WHICH WAS THE HIGH ADOPTION CASE. EV CHARGING ENERGY REQUIREMENTS AND DEMAND PROFILES WERE DRAWN FROM THE DATA PRODUCED IN EVI PROLIANT TOOL AND REFLECT A SMALL PORTION OF EVEIE'S WILL CHARGE DURING OFF-PEAK PERIODS. THIS ENHANCED APPROACH ALLOWS FMP ENOUGH UPA TO UNDERSTAND THE POTENTIAL ENERGY DEMAND IMPACTS OF FUTURE EVEIE UPTICK. 2 TRANSMISSION AND SHOULD BE SHOWN FUNDING. FP UA CONDUCTS EVALUATIONS ABOUT THE TRANSMISSION SYSTEMS TO WHICH IS INTERCONNECTED AND THE ABILITY TO DISTRIBUTION OF THE FEEDERS TO HANDLE INCREASED LOAD. THE LATTER OF WHICH IS A RISK TO BE MONITORED TO THE EXTENT EV PENETRATION IS ACCELERATED. WITH RESPECT TO SUBPART D. FP UA HAS MUNICIPAL RETURNING RECOVERS ALL POWER UTILITY COST FROM CUSTOMERS. GREAT DESIGN SPECIFIC TV COULD BE EMBEDDED IN FUTURE COST OF SERVICE THAT REFLECTS APPROPRIATE FUNCTIONALIZATION ALLOCATION OF COST TO VARIOUS CUSTOMER CLASSES. TO THE EXTENT EV PENETRATION REACHES MUCH HIGHER LEVELS THAT WOULD SUPPORT CROSS PARTITIONING OR OTHER METERING ADJUSTMENTS THAT WOULD EMPOWER ULTERIOR RATE DESIGNS FOR EVEIE CUSTOMERS. PENETRATION LEVELS OF THE FEES ARE CURRENTLY TOO LOW TO WARRANT SUCH ADJUSTMENTS. AFTER CAREFUL REVIEW STAFF'S RECOMMENDATION IS NOT TO ADOPT THE PROPOSED DEMAND RESPONSE AND DEMAND FLEXIBILITY STANDARD FOR THE FOLLOWING REASONS. 1 THE COMPONENTS OF THE STANDARD ARE SIMILAR TO FP WHETHER EDUCATION PROGRAM AS PART OF EXISTING ARP CONSERVATION PROGRAM. OF WHICH FP UA IS A PARTICIPANT. 2, COORDINATE LOAD MANAGEMENT IS NOT ALLOWED BY THE AIR P EXECUTIVE COMMITTEE AS A RESULT OF COST SHIFTS BETWEEN PARTICIPANTS FOR FIXED COST. 3, FP UA WILL CONTINUE TO MODERATE AND EVALUATE FURTHER OPTIONAL TO IN THIS PROGRAM AREA. IF FURTHER ANALYSIS THAT BENEFITS EXCEED THE COST. FOR THE FOLLOWING STANDARD, STEPS RECOMMENDATION IS NOT TO ADOPT THE PROPOSED ELECTRIC VEHICLE CHARGING PROGRAM STANDARD FOR THE FOLLOWING REASONS. IN FDO T EVM FOR STRUCTURE MAP MASTER PLAN IS ONLY IN PLACE WHICH ENCOURAGES ELECTRIC VEHICLE USE THE STATE OF FLORIDA. 2 FP UA HAS NO DIRECT CONTROL OVER TECHNOLOGICAL ADVANCEMENTS OR CUSTOMER EXPERIENCES IN THE EVEIE MARKETPLACE. 3 FP UA SHOULD FOCUS ON CHALLENGES TO BE A VIABLE PUBLIC POWER PROVIDER WITH THE INCREASED DEMAND CAUSED BY EV CHARGING PSTATIONS. 4 SINCE FPU WEIGHT RECOVERS ALL POWER DELIVERY COST FROM CUSTOMERS MAKING SPECIFIC RATES FOR EVEIE CUSTOMERS WILL BE DEPENDENT ON TOTAL USES IN THE COMMUNITY. CURRENTLY PENETRATION IS TOO LOW TO WARRANT THESE RATE ADJUSTMENTS. IN ADDITION TO THESE RECOMMENDATIONS FP UA'S DECISION NOT TO ADOPT THE STANDARDS TODAY DOES NOT PREVENT FP UA FOR CONSIDERING AN IMPLEMENT TEAM SIMILAR MEASURES AT A FUTURE DATE. WITH THAT I FINISHED MY PRESENTATION.

>> THANK YOU SO MUCH FOR YOUR PRESENTATION. I WILL NOW OPEN THE PUBLIC HEARING. IF ANY MEMBER OF THE PUBLIC WOULD LIKE TO BE HEARD ON THIS MATTER PLEASE COME FORWARD NOW PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD WHEN YOU COME UP. YOU WILL HAVE 3 MINUTES TO PRESENT YOUR COMMENTS. SEEING NO ONE ELSE. THE PUBLIC HEARING IS NOW CLOSED AND I

WILL TURN IT OVER TO THE BOARD FOR DISCUSSION. ANYONE? >> I'VE GOT A COUPLE OF QUESTIONS. FIRST OF ALL I DO AGREE. I'D RATHER BE ABLE TO IMPLEMENT OUR OWN STANDARDS TO LIVE AS THIS MAY BE A PLUS. I WAS CURIOUS. WE HAVE AN IDEA OF THE TAKE RATE AND ANY OTHER

ARP MEMBERS THAT HAVE TAKEN THESE ON OR IS EVERYONE NOT? >> THIS STANDARD HAS BEEN OTHER

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BUT, HAVE NOT ADOPTED THESE 2 STANDARDS. >> I UNDERSTAND.

>> MADAM CHAIR? >> YES. >> UNDERSTAND STAFF'S RECOMMENDATION TO NOT ADOPT THEM IN THE REASONS WHY. IF WE DID CHOOSE TO ADOPT THE STANDARDS IS THERE AN ENFORCEMENT AGENCY OR ANY ADMINISTERED OF WORK THAT WOULD GO ALONG WITH US ADOPTING THE STANDARDS? OR WOULD WE BE BY AND LARGE EXPECTED TO

SELF-GOVERNMENT? >> I WILL TAKE THAT IF YOU DON'T MIND. IT DOES APPEAR WE WOULD THEN BE SUBJECT TO FEDERAL REGULATION IF WE WERE TO ADOPT THEM. WHEREAS IF A BOARD MEMBER GIVENS SAID IF WE WOULD TENT HAVE THE SAME STANDARDS IN HOUSE WE WILL HAVE THE SAME REGULATIONS. AS TO THE DETAILS BUT THOSE RELATIONS WERE TO E TO TELL AND REPORTI REQUIREMENTS AND THAT SORT OF THING. WE WOULD HAVE TO GET YOU MORE INFORMATION ON THAT.

>> UNDERSTOOD. NEXT QUESTION IS, DO WE CURRENTLY HAVE ANY TIME OF USE RATES?

>> NO SIR, WE CURRENTLY DO NOT HAVE TIME OF USE RATES. THE AMI PROJECT WE HAVE THAT IS PART OF THE CONSIDERATION WHEN WE DEVELOPED THE AMI PROJECT. AT SOME POINT IN THE FUTURE WE COULD DO THAT. WE WOULD HAVE TO HAVE FULLY DEPLOYED TO DO THAT. WE HAVE TO DO THAT

ACROSS THE BOARD FOR ALL CUSTOMERS. >> IS THE INDUSTRY MOVING TOWARDS THAT FOR ANY PARTICULAR REASON AND DO WE HAVE AN IDEA IF WE DECIDE TO IMPLEMENT THEM? OBVIOUSLY HAS TO BE AFTER AMIS FULLY INSTALLED. WHAT WOULD BE THE TRIGGER FOR US IMPLEMENTING

TIME OF USE RATES? >> NOT ALL CITIES WITH AMI HAVE IMPLEMENT A TIME USE RATES.

THAT DOES SEEM TO BE A TREND SO THAT THOSE THAT ARE CAUSING OR THOSE IMPACTING THE SYSTEM DURING THOSE PEAK TIMES ARE THE ONES THAT ARE PAYING FOR IT AS OPPOSED TO SPREADING THAT ACROSS ALL CUSTOMERS. THAT IS DEFINITELY A MODEL I THINK WE WILL SEE IN THE FUTURE.

>> YOU DID JUST ANSWER THIS LAST QUESTION AND BREVITY. WHAT ARE THE ADVANTAGES AND

DISADVANTAGES OF TIME OF USE RATES? >>.

>> THOSE CUSTOMERS THAT ARE USING THE POWER DURING THE PEAK WOULD PAY PROBABLY SIGNIFICANTLY MORE THAN THOSE IN THE CUSTOMER SO DON'T USE POWER DURING PEAK WOULD HAVE A DIFFERENT, FOCUS MORE ON THE ENERGY PART OF THE RATE VERSUS THE DEMAND PORTION OF THE RATE.

>> IC. IF THOSE TIME OF USE RATES CHANGE CUSTOMER BEHAVIOR THEN IT CAN HELP US PROLONG OR

NOT HAVE TO DO CERTAIN CAPITAL PROJECTS AS QUICKLY? >> WELL, YEAH GOOD WE CAN ALSO START IDENTIFYING SPECIFICALLY WITH AMI WE CAN IDENTIFY WHICH AREAS WE WOULD FOCUS ON FIRST

BECAUSE WE COULD MODEL THAT DEMAND MORE ACCURATELY. >> THAT'S ALL.

>> MADAM CHAIR? >> YES. >> MY EDUCATION, EXPLAIN TO ME WHAT TIME OF USE RATES AND HOW THEY WOULD BE ENACTED? HOW WOULD IT WORK? IN MY PERSPECTIVE I'M LIVING FLORIDA AND IT'S A SUMMER. I DON'T KNOW WHICH FLORIDA RESIDENT WOULD NOT HAVE THEIR AC ON IN THE MIDDLE OF THE NIGHT. I MEAN WHEN WOULD IT NOT RUN? I DON'T UNDERSTAND IS HOW WOULD YOU DIFFERENTIATE BETWEEN A PERSON WHO IS RUNNING THE AC AT NIGHT VERSUS SOMEONE ELSE MIGHT HAVEN'T LIGHTS ON AT A WAREHOUSE THAT'S TAKING IN

INVENTORY AND SO ON. >> FOR THE RESIDENTIAL I THINK IT'S PRETTY STRAIGHTFORWARD BECAUSE YOU'D BE ABLE TO HAVE A BASIC MODEL LOAD FOR A RESIDENTIAL HOME THAT'S PRETTY STABLE. TIME OF USE RATE IS MORE IMPACTFUL FOR COMMERCIAL SERVICES WOULD HAVE A HUGE SPIKE IN LOAD. YOU CAN SEE THE BASELOAD IS VERY DIFFERENT THAN THE SPIKE AND THAT'S WHERE THE DEMAND CHARGE COMES INTO PLAY. IF YOU'RE USING IT DURING THE PEAK LOAD, IF YOUR DEMAND IS DURING THE PEAK LOAD. WHICH ULTIMATELY RAISES THE PEAK FOR ALL OF FP UA WHICH ULTIMATELY IS WHAT WE PAY FOR. COST MORE TO PAY FOR DEMAND FOR THAT PEAK. THOSE CUSTOMERS WOULD

PAY A HIGHER SHARE THEIR CONTRIBUTION TO THE PEAK. >> DOES THE PEAK OCCUR DURING A CERTAIN TIME OF THE DAY? OR WHEN HE FINALLY REACHED THE TOP OF TODAY'S USAGE?

>> SIBLEY FOR FORT PIERCE SPECIFICALLY THAT IS BETWEEN THE 2-4 O'CLOCK IN THE AFTERNOON. DURING PEAK OF THE DAY AS PEOPLE OR AS THE SUN IS AT ITS PEAK AND PEOPLE ARE

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THE SUMMER PEAK IS PRETTY CONSISTENT. IT'S USUALLY 2-4 IN THE AFTERNOON MONDAY THROUGH FRIDAY. WHEN RESIDENTIAL AND COMMERCIAL BUSINESSES ARE OPERATING.

>> MADAM CHAIR? SO, I'M TRYING TO VOLUME. IT'S IN OUR CUSTOMER'S BEST INTEREST TO KNOW THAT. IF THEY CAN ALTER THEIR BEHAVIOR AND IS NOT SOMETHING THAT IS CONTEMPLATED.

I MEAN WE DO THAT ANYWAY. IT WOULD SEEM TO ME THAT WOULD BE SOMETHING THAT OUR CUSTOMERS

NEED TO KNOW. A LOT OF PEOPLE DON'T THINK ABOUT IT. >> RIGHT. WE DO PROVIDE QUITE A BIT OF OUTREACH ON SOCIAL MEDIA AND OR MAILERS ABOUT ENERGY CONSERVATION. I LIKE TO BACK UP FOR A SECOND. SO WE DON'T HAVE TIME OF USE RATES RIGHT NOW. FOR US TO GET TO THAT POINT WE WOULD HAVE TO DO A RATE STUDY AND WE REALLY WOULD HAVE TO MAKE SURE WERE DOING IDENTIFYING THOSE CHARGES FOR EACH CLASSIFICATION RESIDENTIAL, COMMERCIAL, COMMERCIAL LARGE DEMAND, WHATEVER THE CLASSIFICATIONS ARE. WE WOULD HAVE QUITE A BIT

OF WORK TO DO. >> AND EDUCATING THE CUSTOMERS OF COMMERCIAL AND RESIDENTIAL.

>> YES MA'AM. >> YEAH, OKAY. >> MADAM CHAIR, I HAVE A MORE QUESTION. JUST TO SPIN THE WHEEL THE OTHER WAY. NEGATIVE REINFORCEMENT IS NEVER POSITIVE FOR ANYBODY. THE VIEW IS NOT GOING TO BE GOOD. THE PEOPLE ARE GOING TO BE MORE ANGRY ABOUT IT. IS THERE ANYBODY THAT DOES MORE FOR POSITIVE REINFORCEMENT IN A WAY? SO HEY, IF YOU'RE NOT USING ECZEMA ENERGY OR WHATEVER DURING THESE TIMES YOU GET A REBATE RATHER THAN CHARGING WAR OR SOMETHING ALONG THOSE LINES. TO UNDERSTAND WHAT I'M SAYING?

>> I THINK THAT WOULD BE STRUCTURED UNDER A TIME OF USE RATE FOR NOT CONTRIBUTING TO THE PEAK. WE WOULD HAVE TO DEVELOP SOME KIND OF BASE RATE THAT'S UNIFORM PER FLORIDA STATUTE AND FOR A RESOLUTION. WE HAVE TO CHARGE EVERY CLASSIFICATION THE SAME. WE WOULDN'T BE ABLE, THAT WOULD BE MORE DIFFICULT TO DO. DEVELOP A NEW BASE RATE UNDER TIME USE THAT WOULD BE THE WAY TO HELP REDUCE THE ELECTRIC RATE FOR CUSTOMERS.

>> TO YOUR POINT, ONE OPTION COULD BE, LET'S SAY OUR BASE RATE OR OUR RATE RIGHT NOW IS $0.12 A KILOWATT HOUR. ONE OPTION COULD BE TO RAISE IT TO 14 OR $0.15 A KILOWATT HOUR BETWEEN 2-4. MAYBE 9 CENTS A KILOWATT HOUR BETWEEN MIDNIGHT AND 6 O'CLOCK. YOU COULD SAY,

IF USER ENERGY AT THIS TIME ACTUALLY GOING TO SAVE MONEY. >> YUP.

>> THAT SOMETHING THAT MAY BE IN OUR FUTURE BUT ISN'T ON OUR PLATE RIGHT NOW. SO FOR

ANYBODY LISTENING. >> AND THAT HAS NOTHING TO DO WITH US. IT'S JUST A

DISCUSSION. >> IT'S RELATED FOR SURE. I THINK THE POINT OF THIS PRESENTATION IS THAT WE ARE ALREADY CONSIDERING THOSE THINGS AND THIS FEDERAL STANDARD, WE DON'T NEED THE FEDERAL STANDARD TO CONSIDER. WE PARTED BETWEEN QUITE A BIT

OF THESE THINGS ON OUR OWN. >> NOT TO MENTION REGULATED ENOUGH AS IT IS. WHY BRING IN ANOTHER A BROTHER OVER US. THIS IS SOMETHING WE CAN KEEP IN HOUSE.

>> AT THE BOARD LEVEL, AT THE STAFF LEVEL, AT THE FPU A LEVEL. WERE VERY ENGAGED WITH THE LEGAL ASPECT OF THE STANDARDS AS THEY COME THROUGH FMP 8 IS THE ONE THAT HELPED US

PREPARE SOME OF THIS INFORMATION. >> WOULD BE DIFFERENT FOR

RESIDENTIAL VERSUS COMMERCIAL? >> YEAH, RIGHT NOW WE HAVE DIFFERENT TEARS. WE HAVE RESIDENTIAL, COMMERCIAL, GENERAL SERVICE COMMERCIAL, LARGE COMMERCIAL, LARGEST DEMAND COMMERCIAL. WE HAVE TO GO THROUGH ALL THOSE CLASSIFICATIONS BUT, RESIDENTIAL WOULD ALL BE THE SAME. THE GENERAL SERVICE WILL BE THE SAME. IT WOULD BE

DIFFERENT FOR RESIDENTIAL AND COMMERCIAL. YEAH. >> MADAM CHAIR BUT I SEE WITH THESE FEDERAL STANDARDS IS ENCOURAGING US FOR BEST PRACTICES THAT WE KIND OF ARE ALREADY AWARE OF AND ALREADY DOING. SO IT'S COMPARABLE TO WHAT WERE DOING TO WHAT THEY'RE SUGGESTING. I WOULD AGREE. I DON'T THINK WE NEED TO ADOPT THEM BECAUSE WERE DOING THEM

ALREADY. THE PARTY EMPHASIZE THESE THINGS. >> DO WE HAVE A RESOLUTION TO

ADOPT? >> WE HAVE A RESOLUTION NOT TO ADOPT, YES. WE HAVE A CHOICE.

[00:40:05]

I WOULD MOVE THAT WE NOT ADOPT THEM. >> I WILL SECOND.> MADAM CLERK, WOULD YOU PLEASE READ THE TITLE OF THE RESOLUTION PRIOR TO CALLING THE ROLE

PLEASE. >> RESOLUTION UA 2023 Ã15. RESOLUTION OF THE BOARD OF THE FORT PIERCE UTILITIES AUTHORITY MAKING A WRITTEN DETERMINATION ON THE IMPLEMENTATION OF THE PURPOSE STANDARDS CONTAINED IN THE INFRASTRUCTURE INVESTMENT AND JOBS ACT OF 2021 MAKING A DETERMINATION OF THE REIMBURSEMENT AND PROVIDING AN EFFECTIVE DATE.

>> PLEASE CALL THE ROLE. SUPPOSED TO SAY YES, SIR NO? WE SAID NOT TO ADOPT IT, RIGHT? OKAY, SO YES MA'AM.

>> THE NEXT ITEM ON THE AGENDA IS APPROVED THE GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF

[E.3. Approve the Grant Agreement with the Florida Department of Environmental Protection (FDEP) for Relocating the Wastewater Treatment Plant off of the Indian River Lagoon, in the amount of $5,000,000. The grant will be effective upon execution and end on August 31, 2028. Presented by Rachel Tennant. ]

DN RIVER LAGOON. >> YES MA'AM, THANK YOU MADAM CHAIR. I WILL TURN IT OVER TO RACHEL TENANT ARE PUBLIC TO FIT IN SUSTAINABLE ABILITY. SHE WILLL RESENT THIS ITEM.

>> THANK YOU VERY MUCH. MADAM CHAIR, MARY HUDSON AND MEMBERS OF THE BOARD. FOR HAVING ME.

I'M VERY HAPPY TO BE ESENTING THIS AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR YOUR SIGNATURE. SIGNING THIS AGREEMENT REPRESENTS OUR ACCEPTANCE OF THE $5 MILLION APPROPRIATION THAT WE RECEIVED WHEN GOVERNOR DESANTIS SIGNED THE STATE OF FLORIDA BUDGET EARLIER THIS YEAR. SINCE WE ARE HERE TALKING A LITTLE BIT ABOUT GRANTS AND THE WASTEWATER PLANT RELOCATION PROJECT I WANTED TO GIVE A BRIEF UPDATE SO YOU HAVE SOME CONTEXT AS FAR AS WHAT THIS $5 MILLION REPRESENTS. THIS 5 MILLION IS A PART OF THE $20 MILLION THAT WE RECEIVED IN THE FIRST YEAR OF OUR GRANT PURSUITS FOR FUNDING THE RELOCATION OF THE WASTEWATER TREATMENT PLANT. THE $15 MILLION THAT WE WERE AWARDED ALSO THROUGH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION WAS ON THE CITY COMMISSION AGENDA LAST NIGHT. FOR THEM TO APPROVE AND SIGN THAT AGREEMENT. IN ADDITION TO SIGNING THAT AGREEMENT THEY ALSO APPROVED LETTER TO THE DEP REQUESTING FULL ASSIGNMENT OF THAT GRANT TO FPU WAY. SO IT WILL NOT HAVE TO BE MANAGED AS A PASS-THROUGH FROM THE CITY OF FORT PIERCE BECAUSE OF DEP DETERMINED THAT WE ARE DIRECTLY ELIGIBLE TO RECEIVE THOSE FUNDS. THOSE $20 MILLION ARE UNDERWAY INCLUDING THE 5 MILLION TODAY. IN ADDITION TO THAT WE HAVE ABOUT JUST ABOUT $90 MILLION OF GRANT FUNDS THAT ARE PENDING RIGHT NOW IN TERMS OF REQUEST WE HAVE SUBMITTED IN THE LAST YEAR AND HALF. SOME OF THEM ARE STILL PENDING FROM THE FIRST ROUND OF PROPOSALS THAT WE SUBMITTED AND SOME OF THEM ARE PENDING AS A SECOND ROUND BECAUSE WE JUST RECENTLY SUBMITTED OUR SECOND ROUND. THAT IS THE BIG UPDATE FOR ALL OF THE GRANTS. OF COURSE WE WANT TO EXPRESS OUR GRATITUDE TO THE DEP REPRESENTATIVE TRIBBLE C, SENATOR GROHL, SENATOR HAROLD FOR SUPPORTING US AND ESPECIALLY FOR MAKING THIS $5 MILLION APPROPRIATION GO THROUGH. WE DID RECENTLY SUBMIT OUR REQUEST FOR $5 MILLION AGAIN TO GO THROUGH THE NESTS FISCAL YEAR. WE WILL BE RELYING ON THEIR SUPPORT AGAIN THIS YEAR TO SPONSOR ABOUT. WITH THAT I THINK IT'S UP FOR YOU TO VOTE HAPPY TO ANSWER ANY

QUESTIONS SHOULD YOU HAVE ANY. >> ANY QUESTIONS AT THIS TIME? DO I HAVE A MOTION?

>> MOVE FOR APPROVAL. >> SECOND. >> MADAM CLERK, PLEASE CALL THE ROLE.

[E.4. Board Training Session 3 – Social Media. Presented by Caroline Valentin. ]

ACCEPT THAT FINALLY DOLLARS. >> WE DIDN'T HAVE TO THINK ABOUT IT LONG, DID WE? ASK THE NEXT ITEM IS THE BOARD TRAINING FOR SESSION 3. FROM MS. BALLANTINE.

>> THANK YOU MADAM CHAIR. MEMBERS OF THE BOARD. SO SO THIS IS ANOTHER TRAINING IN

[00:45:06]

IN ALL SERIOUSNESS SOCIAL MEDIA IS VERY PREVALENT TODAY IT IS EVOLVING. IT'S NOT GOING AWAY THERE'S EVEN A FEW CASES BETWEEN, BEFORE THIS SUPREME COURT PENDING RIGHT NOW. ON THIS TOPIC. THERE ARE A FEW BASICS WE CAN REMEMBER TO SAFELY ENGAGE IN SOCIAL MEDIA.

SO WHAT IS SOCIAL MEDIA? OF COURSE PEOPLE KNOW THE STANDARD SOCIAL MEDIA. HERE'S THE MERRIAM-WEBSTER DEFINITION. BASICALLY YOU CAN THINK OF IT AS ANY ELECTRONIC NETWORK DESIGNED TO SHARE INFORMATION. OF COURSE WE KNOW THE COMMON ONES, YOUTUBE, TWITTER, INSTAGRAM, FACEBOOK, LINKEDIN. THE GHOST RIGHT THERE A SNAPSHOT. I HAD A LOOK THAT WENT OUT. BUT, THERE ARE MORE THAN THAT AS WELL. ELL. THIS IS A SNAPSHOT OF SOME OTHER SOCIAL MEDIAPLATFORMS. THERE ARE THOUSANDS OF THESE THINGS. SOME OF THEM YOU MIGHT RECOGNIZE ON HERE, BREADED, WORD PRESS, OR BLOG TYPE SOCIAL MEDIA PLATFORMS. NEXT DOOR, I'M NOT SURE IF THE CITY OF FORT PIERCE HAS NEXT DOOR. I KNOW FORT LUCY DOES. YELP IS CONSIDERED SOCIAL MEDIA. YOU COME POSTINGS AND RESPOND TO PEOPLE'S COMMENTS AND THAT SORT OF THING. SO, WILL ME THINK OF SOCIAL MEDIA THERE ARE A FEW AREAS OF LAW THAT REALLY COME INTO PLAY. IN THE LOCAL GOVERNMENT CONTEXT. HAVING ON THE SCREEN. LIKE I MENTIONED YOUR PUBLIC RECORDS. SUNSHINE LAW, RECORDS RETENTION. FIRST AMENDMENT. ALL THESE CONSIDERATIONS. JUST TO REMIND YOU ALL. PUBLIC RECORDS THESE ARE ALL MATERIALS MADE OR RECEIVED BY AN AGENCY IN CONNECTION WITH OFFICIAL BUSINESS. USED TO PERPETUATE, COMMUNICATE OR FINALIZE KNOWLEDGE. REMEMBER IT IS THE NATURE OF THE RECORD CREATED RATHER THAN THE MEANS AND WHAT DO WE MEAN BY THAT? REMEMBER IT DOESN'T MATTER WHERE THE RECORD IS WHETHER IT STORED ON A GOVERNMENTAL BASE OR A COMPUTER OR A PRIVATE DATABASE OR A COMPUTER. IT'S REALLY ONE OF THE CONTENTS OF THAT RECORD AND IS MEANT TO CONDUCT OFFICIAL BUSINESS AND COMMUNICATE OR FORMALIZE KNOWLEDGE? IT IS WELL ESTABLISHED THAT INFORMATION ON SOCIAL MEDIA PAGE MAY BE SUBJECT TO THE PUBLIC RECORDS LAWS. YOU WILL SEE I LISTED 2 EXAMPLES. 1 FOR A GOVERNMENTAL ENTITY AND 1 FOR A BOARD MEMBER. THE FIRST EXAMPLE THE ATTORNEY GENERAL DID FIND CITY PAGE WILL BE SUBJECT TO THE PUBLIC RECORDS LAW. THE SECOND EXAMPLE A COUNCILMEMBERS PRIVATE WEBSITE BLOG WAS ALSO CONSIDERED SUBJECT TO THE PUBLIC RECORDS ROLLOFF. WHAT THAT MEANS IS IF YOU POST SOMETHING ON THEIR IT BECOMES A PUBLIC RECORD AND IT HAS TO COMPLY WITH ALL OF THE REQUIREMENTS OF THE LAW IN TERMS OF RECORDS RETENTION, BEING ACCESSIBLE TO THE PUBLIC AND THAT SORT OF THING. WHICH DOES BRING US TO, I WILL SKIP TO THIS WHEN THEY GO BACK TO SUNSHINE LAW. IT FLOWS NATURALLY. RECORDS CUSTODIAN CAN BE SOMEONE THE AGENCY FORMALLY DESIGNATES AS A RECORDS CUSTODIAN. IT IS ALSO ANY PERSON THAT HAS LEGAL CONTROL OF THE RECORDS. WHY THAT'S IMPORTANT IS IF YOU HAVE A PRIVATE WEBSITE THEN YOU HAVE CONTROL OF THOSE RECORDS. IF YOU'RE USING IT IN YOUR OFFICIAL CAPACITY FOR OFFICIAL BUSINESS IT WOULD BE ON YOU AS AN INDIVIDUAL TO STORE THOSE RECORDS AND SEARCH THEM IF THERE WERE PUBLIC RECORDS REQUEST AND BE ABLE TO PRODUCE THEM. THAT'S WHY IT DOES BECOME IMPORTANT. ALSO YOU CAN'T DELETE POSTS OR PUBLIC RECORDS BEFORE THE RETENTION

[00:50:06]

YOU HAVE TO FOLLOW THAT SCHEDULE AND YOU COULDN'T DELETE THOSE ITEMS UNTIL IT BECAME ALLOWED. LET'S SEE IF I CAN GO BACK. SO, THE NEXT ONE IS A SUNSHINE LAW. JUST A REMINDER ON THAT TOPIC. IT APPLIES TO ANY GATHERING, FORMAL OR CASUAL BETWEEN 2 OR MORE BOARD MEMBERS WERE GOING TO DISCUSS SOMETHING THAT MAY FORESEEABLY COME BEFORE THIS BOARD. IF THAT SITUATION IS PRESENT THE REQUIREMENTS ARE THE MEETING MUST BE OPEN TO THE PUBLIC. THERE MUST BE NOTICE AND I MUST BEAT MINUTES TAKEN. HOW THAT APPLIES HERE IS THAT THE LAW HAS FOUND THERE ARE CERTAIN SITUATIONS WHERE THE SUNSHINE LAW WOULD BE APPLICABLE TO SOCIAL MEDIA. IT'S EASY TO SEE HOW IN A GOVERNMENTAL ENTITY THAT HAS THEIR OWN FACEBOOK PAGE THAT WOULD APPLY. THERE CLEARLY CONDUCTING OFFICIAL BUSINESS THROUGH USE OF PUBLIC FUNDS. WHAT THAT MEANS IS IF A BOARD MEMBER SEES A POST THAT RACHEL'S GROUP PUTS UP AND THEY REALLY LIKE IT AND THEY WANT TO SAY YES. I SUPPORT THIS, THIS IS GREAT AND HERE ARE THE REASONS WHY. ANOTHER BOARD MEMBER CHIMES IN ON THE CONVERSATION AND SAYS, I DON'T AGREE WITH THIS AND HERE'S WHY. NOW YOU'VE HAD A MEETING OUTSIDE OF THE SUNSHINE AND THAT WOULD BE IN VIOLATION OF THE LAW. I USE THESE 2 EXAMPLES AGAIN TO SHOW IT CAN BE BOTH ON A ENTITIES WEBSITE AS WELL AS A PRIVATE WEBSITE.

IT'S NOT AGAINST THE LAW TO POST SOMETHING ON SOCIAL MEDIA. BE AWARE OF WHAT YOU MIGHT BE RESPONDING TO. FOR EXAMPLE, IF THERE'S 100 COMMENTS YOU MAY NOT HAVE NOTICED ONE OF THE OTHER BOARD MEMBERS HAS ALREADY POSTED SOMETHING AND IT MAY LOOK LIKE YOU'RE REPLYING TO THEM WHEN YOU DIDN'T MEAN TO VIOLATE THE SUNSHINE LAW. IT MIGHT BE CONSIDERED AN

UNINTENTIONAL VIOLATION. >> QUESTION? >> YES?

>> IF RACHEL POST SOMETHING FOR EXAMPLE, THE GRANT. WE SAY, YOU KNOW, KUDOS TO RACHEL AND HER STAFF. THEN SOMEONE ELSE FROM THE BOARD SAYS KUDOS ALSO, WITH HAPPY BREAKING THE

SUNSHINE LAW? >> I THINK IF YOU'RE NOT REPLYING TO ANOTHER BOARD MEMBER THEN ARGUABLY HAVE NOT ENGAGED IN CONVERSATION. IT'S REALLY IF IT'S DISCUSSING A MATTER THAT MIGHT FORESEEABLY COME BEFORE THE BOARD. IF YOU'RE JUST GIVING PRAISE LIKE A JOB AND THAT SORT OF THING THAT MIGHT NOT BE VIEWED AS HAVING A DISCUSSION ABOUT A

MATTER THAT MIGHT COME BEFORE THE BOARD. GREAT QUESTION. >> CAROLINE, I WANT TO INTERJECT. IF THERE'S A PHYSICIAN YOU HAVE AND YOU GREET WITH ANOTHER BOARD MEMBER'S POSITION THAT WOULD BE AN ENGAGEMENT OF THE BOARD, RIGHT? YOU WERE ON THE SAME PAGE ABOUT THE POSITION YOU ARE HOLDING. YOU COULD AGREE. YOU DON'T HAVE TO DISAGREE. YOU COULD AGREE AND THAT'S POTENTIALLY A VIOLATION, RIGHT?

>> FOR EXAMPLE IF RACHEL WRITES, WE JUST AWARDED THIS GRANT. ONE OF THE BOARD MEMBERS POST, GREAT JOB, I'M GONNA VOTE TO SIGN UP TONIGHT. THE NEXT BOARD MEMBER SAYS ON ONE OF VOTE TOO. THE NEAR SERVING TO TRADE IN DANGEROUS WATERS. OKAY, THE LAST TOPIC AND THERE AREN'T MANY LOT LAWS THAT APPLY TO SOCIAL MEDIA. FOR THE BOARD CONTEXT THE LAST ONE I WILL GO THROUGH IS THE FIRST AMENDMENT. THE MOST POPULAR CASE ON THIS TOPIC IS, I'M SURE YOU ALL ARE AWARE IS A DONALD TRUMP CASE WHERE HE BOUGHT USERS ON TWITTER. THE USERS SUED HIM FOR DOING SO. THAT CASE IS THE FIRST AMENDMENT INSTITUTE VERSUS TRUMP. WHAT THE COURT EXPLAINED WAS THAT SOCIAL MEDIA IS ENTITLED TO THE SAME FIRST AMENDMENT PROTECTIONS AS ANY OTHER FORM OF COMMUNICATION WHETHER IT BE SOMEONE PROTESTING ON THE SIDEWALK OR WRITING IN THE NEWSPAPER AND THAT SORT OF THING. SOCIAL MEDIA HAS THE SAME FIRST UNLIMITED PROTECTIONS. JUST REMEMBER, THE FIRST COMMITMENT RESTRICTS GOVERNMENT REGULATION OF PRIVATE SPEECH BUT, IT IS NOT APPLICABLE TO PURELY PRIVATE SPEECH. WHAT THIS CASE FOUND WAS THAT A LOCAL OFFICER OR SORRY, A GOVERNMENTAL OFFICER ACTING IN A GOVERNMENTAL, THERE OFFICIAL CAPACITY MAY NOT DISCRIMINATE ONLY BLOCK USERS BASED ON VIEWPOINT AMONG THE PRIVATE SPEECH OCCURRING IN A SOCIAL

[00:55:05]

INTENSIVE. I'M HAPPY TO TAKE ANY QUESTIONS. >> MADAM CHAIR, I HAVE A COUPLE QUESTIONS. THANK YOU SO MUCH FOR THAT. AFTER WE DISCUSSED THIS THE OTHER DAY I WAS THINKING, OFTEN TIMES OBLIGATE MESSAGE ON FACEBOOK OR INSTAGRAM REGARDING QUESTIONS WITH FP UA OR WHATEVER. I DON'T TYPICALLY ENGAGE ON THEIR PORTABLE TELL HIM PLEASE CALL ME ON MY CELL OR PLEASE EMAIL ME OR WHATEVER. IN THE EVENT THAT IS HAPPENING AND SOMETHING TIMES GET ANSWERED. HOW SHOULD WE HANDLE THAT STORYLINE OR WHATEVER?

>> OR PRESERVE IT. PROBABLY THE BEST PRACTICE WOULD BE TO PRINT IT OUT AND GIVE IT TO THE FP UA OR MAKE SURE YOU DON'T DELETE IT. REALLY, IT'S LIKE YOU CAN THINK OF IT AS A TEXT MESSAGE. IF YOU COULD TEXT MESSAGE IN A PRIVATE PHONE AND THAT RELATES TO GOVERNMENT BUSINESS. THE BEST PRACTICE IS TO DO A SCREENSHOT, EMAIL IT TO YOUR FP UA EMAIL. BUSWAY IS STORED IN OUR SERVERS AND YOU'VE DONE YOUR DUTY OF MAKING SURE THAT IT'S PRESERVED. SAME THING GOES IF YOU GOT A PRIVATE MESSAGE ON FACEBOOK THAT RELATED TO GOVERNMENT BUSINESS.

IT DOESN'T HURT, IF THERE IS A WAY TO CAPTURE ABOUT 3 SCREENSHOT AND FORWARDED TO YOUR PRIVATE EMAIL AND PRINTED OUT AND GIVE IT TO US. WE WILL SAVE IT. ANYTHING LIKE THAT.

>> OKAY. >> THANK YOU SO MUCH. YOU'RE VERY INFORMATIVE. ALBRIGHT.

[F. DIRECTOR COMMENTS]

>> THANK YOU MADAM CHAIR. I DO HAVE A COUPLE. ON OCTOBER 20 I SENT AN EMAIL TO THE BOARD MEMBERS THE SAME DAY I BELIEVE. ON OCTOBER 20 FMP STAFF WAS ABLE TO EXECUTE A TRANSACTION FOR 20 PERCENT OF OUR GAS NEEDS FOR POWER PRODUCTION BETWEEN APRIL 2025 AND MARCH 2026. IT WAS AT THE $4.05 PER MMBTU. THAT EQUATES TO ABOUT $83 PER MEGAWATT HOUR. THAT WILL ALLOW US TO CONTINUE TO BRING STABLE, LOW-COST POWER COULD SHE MAY RECALL 2022 WAS ALL OVER THE

[01:00:05]

I WILL KEEP YOU POSTED ON THAT. AFTER THIS BOARD MEETING WOULD LIKE TO ASK YOU TAKE A PICTURE.

WE ATTENDED THE BEST PLACES TO WORK AFTER 2023. I WAS WITH MATT AMIR AND NIKKI TIPTON FROM OUR PUBLIC AFFAIRS GROUP. OUP. WE ATTENDED AND WE DID RECEIVE AN AWARD FOR BEST PLACES TO WORK FOR MEDIUM-SIZE ORGANIZATIONS AND WE WILL TAKE A PICTURE AFTERWARDS. I BELIEVE THIS IS THE 4TH OR FIFTH YEAR WE RECEIVED THE AWARD. IT'S A GREAT TESTAMENTTO THE WORK ENVIRONMENT WE HAVE IT FP UA. WERE HAPPY ABOUT THAT. AS APPROVED ON THE CONSENT AGENDA TONIGHT, THE NEXT BOARD MEETING WILL BE DECEMBER 5. IT WILL NOT BE IN 2 WEEKS, THE WEEK OF THANKSGIVING. AS I MENTIONED BEFORE, AS YOU MAY RECALL THE CHARTER ONLY REQUIRES FOR US TO HAVE AT A MINIMUM ONE MEETING PER MONTH. THIS FULFILLS THAT REQUIREMENT. DECEMBER 5 WILL FULFILL THE REQUIREMENT FOR DECEMBER. MOST LIKELY WE WILL STILL HAVE A SECOND MEETING IN DECEMBER. IT WILL DEPEND ON HOW BIG OF AN AGENDA WE HAVE.

WE WILL ALSO LIKELY CANCELED THE MEETING ON JANUARY 2 BECAUSE IT'S RIGHT AFTER THE NEW YEAR. THE CITY HAS ALREADY CANCELED THEIR MEETING FOR THAT SAME DAY. WE WILL LIKELY CANCEL OURS FOR JANUARY 2 AS WELL. WE WILL LIKELY NOT SEE EACH OTHER BEFORE THEN, BEFORE

[G. BOARD MEMBER COMMENTS]

TODAY. >> OKAY, ARE THERE ANY COMMENTS FROM THE BOARD AT THIS TIME?

>> A QUICK QUESTION REGARDING CALENDAR. WHAT DAYS ARE FP UA CLOTHES FOR THE HOLIDAYS?

>> I WILL HAVE TO GET BACK TO YOU ON THAT. I JUST SAW THE SCHEDULE. WE COULD SET ON THE

SCHEDULE TO YOU TOMORROW. >> SOUNDS GOOD. >> ARE BE CLOSED, IS FP YOU MAY

CLOSE ON FRIDAY? BECAUSE SATURDAY IS VETERANS. >> YES WE ARE OFF ON FRIDAY.

YES, I BELIEVE WE ARE OFF ON FRIDAY. >> THE CITY IS CLOSED TOO.

>> THE SCHOOL BOARD IS NOT. >> ANYONE ELSE HAVE ANY? I WOULD LIKE TO SAY I'M SO DELIGHTED RACHEL THAT YOU AND YOUR STAFF ARE DOING SUCH A GREAT JOB GETTING SO MANY GROUNDS TO COME IN. YOU'RE WORKING VERY HARD. WE APPRECIATE THAT. I REMEMBER WHEN I FIRST STARTED AND WE WERE TALKING ABOUT GRANTS. I WAS LIKE, WHAT IF WE GET 30 MILLION 40 MILLION. THEY WERE LOOKING AT ME AND THEY WERE LAUGHING AT ME. I'M LIKE YOU NEVER KNOW. IT'S COMING. WOW. WE HAVE SUCCEEDED THAT. KUDOS TO YOU AND YOUR STAFF.

* This transcript was compiled from uncorrected Closed Captioning.