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Res 15-93 RESOLUTION NO. 15-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OBJECTING TO A PROPOSED STATE-WIDE RATE STRUCTURE AND TERRITORIAL DISPUTE JURISDICTION OF THE FLORIDA PUBLIC SERVICE COMMISSION OVER GOVERNMENTAL WATER AND SEWER UTILITY SYSTEMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, a local governmental authority, owns and operates a water and sewer utility system; and WHEREAS, under Article VIII of the Florida Constitution, and Home Rule Powers Acts, the City Commission has legislative responsibility and authority to regulate the rate structure and the rates, fees and charges of its utility system and resolve territorial disputes; and WHEREAS, the City Commission, as the duly elected and/or appointed local representatives of the customers of its utility system, best understands and can respond to the local needs and circumstances of its customers, which allows provision of utility services to the public in the most environmentally sound and economically responsible manner; and WHEREAS, local governments have been at the forefront of Florida's efforts to conserve water via effluent reuse, water use restrictions, innovative conservation, rate-making and stormwater management, individually structured to meet locally recognized circumstances; and WHEREAS, the Florida Public Service Commission is far removed from local environmental conditions, local economic conditions and local use characteristics, and is not representative of the customers of the utility systems; and WHEREAS, transfer of rate structure and territorial dispute jurisdiction from the local governmental representatives to the Florida Public Service Commission in Tallahassee will usurp the sovereignty of local government, will remove local accountability, will unduly add another layer of bureaucracy and significantly increase and duplicate costs and expenses for the operation of public utility systems, will result in increased rate burdens on local customers; and WHEREAS, transfer of rate structure and territorial dispute jurisdiction will significantly impair existing public utility bond issues and covenants and threaten the stability of governmental municipal finance of water and sewer utility systems$ and WHEREAS, numerous other State agencies and the State's judicial systems already provide comprehensive regulatory protection of environmental and territorial issues, including the Department of Environmental Regulation, the State Water Management Districts, the local environmental protection agencies and the Department of Community Affairs, obviating the necessity of any additional regulatory layers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That the City Commission of the City of Delray Beach, Florida, vigorously opposes and objects to any proposed transfer of jurisdiction to the Public Service Commission of rate structure jurisdiction, territorial dispute jurisdiction or any other jurisdiction over the rates, fees and charges and operations of utility systems of local governmental authorities. 2. That the current constitutional, legislative and judicial framework of environmental and economic regulation of governmentally owned water and sewer systems best serves the public interest and ensures protection of the environment and the economic needs of the public by the governmental authority most representative and responsive to the needs of the locality. 3. That this Resolution shall take effect immediately upon passage and shall be delivered to the Governor, local State Representatives and legislative delegation, the Department of Environmental Regulation, and the Water Management District. PASSED AND ADOPTED in regular session on this the 9th day of February, 1993. ATTEST: - Cit~ C~erk / 2 Resolution No. 15-93 Florida House of Representatives Carol Hanson Committees Republican Floor Whip Representative, 87th District Appropriations Corrections Criminal Justice Reply to: Higher Education [] Suite 224 Regulated Industries 777 East Atlantic Boulevard Delray Beach, FL 33483 (407) 279-9931/32 (407) 433-3663 [] 325 The Capitol Tallahaasee, FL 32399-1300 (904) 488-2234 February 23, 1993 Ms. Alison MacGregor Harty, Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Ms. Harty: Thank you for providing me a copy of City Resolution No. 15-93, which expresses the City Commissions' objection to a proposed state-wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over governmental water and sewer utility systems. I concur with your resolution and relayed your important concerns to the Public Service Commission for their further information. Again, thank you. Sincerely, CH/ly Printed on Recycled Paper RESOLUTION NO. 15-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OBJECTING TO A PROPOSED STATE-WIDE RATE 'STRUCTURE AND TERRITORIAL DISPUTE JURISDICTION OF THE FLORIDA PUBLIC SERVICE COMMISSION OVER GOVERNMENTAL WATER AND SEWER UTILITY SYSTEMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, a local governmental authority, owns and operates a water and sewer utility system; and WHEREAS, under Article VIII of the Florida Constitution, and Home Rule Powers Acts, the City Commission has legislative responsibility and authority to regulate the rate structure and the rates, fees and charges of its utility system and resolve territorial disputes; and WHEREAS, the City Commission, as the duly elected and/or appointed local representatives of the customers of its utility system, best understands and can respond to the local needs and circumstances of its customers, which allows provision of utility services to the public in the most environmentally sound and economically responsible manner; and WHEREAS, local governments have been at the forefront of Florida's efforts to conserve water via effluent reuse, water use restrictions, innovative conservation, rate-making and stormwater management, individually structured to meet locally recognized circumstances; and WHEREAS, the Florida Public Service Commission is far removed from local environmental conditions, local economic conditions and local use characteristics, and is not representative of the customers of the utility systems; and WHEREAS, transfer of rate structure and territorial dispute jurisdiction from the local governmental representatives to the Florida Public Service Commission in Tallahassee will usurp the sovereignty of local government, will remove local accountability, will unduly add another layer of bureaucracy and significantly increase and duplicate costs and expenses for the operation of public utility systems, will result in increased rate burdens on local customers; and WHEREAS, transfer of rate structure and territorial dispute jurisdiction will significantly impair existing public utility bond issues -and covenants and threaten the stability of governmental municipal finance of water and sewer utility systems; and WHEREAS, numerous other State agencies and the State's judicial systems already provide comprehensive regulatory protection of environmental and territorial issues, including the Department of Environmental Regulation, the State Water Management Districts, the local environmental protection agencies and the Department of Community Affairs, obviating the necessity of any additional regulatory layers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That the City Commission of the City of Delray Beach, Florida, vigorously opposes and objects to any proposed transfer of jurisdiction to the Public Service Commission of rate structure jurisdiction, territorial dispute jurisdiction or any other jurisdiction over the rates, fees and charges and operations of utility systems of local governmental authorities. 2. That the current constitutional, legislative and judicial framework of environmental and economic regulation of governmentally owned water and sewer systems best serves the public interest and ensures protection of the environment and the economic needs of the public by the governmental ~uthority most representative and responsive to the needs of th~ locality. 3. That this Resolution shall take effect immediately upon passage and shall be delivered to the Governor, local State Representatives and legislative delegation, the Department of Environmental Regulation, and the Water Management District. PASSED AND ADOPTED in regular session on this the 9th day of February, 1993. ATTEST: - - ~ Cit~ C~erk -2- Resolution No. 15-g3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM $~ ~ - MEETING OF FEBRUARY 9, 1993 RESOLUTION NO. 15-93 DATE: February 5, 1993 This is a resolution objecting to a proposed State-wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over governmental water and sewer utility systems. This resolution follows direction received at the February 2nd workshop at which time the Commission, by consensus, opposed the proposed Public Service Commission Bill. Recommend approval of Resolution No. 15-93. CITY OF DELAAY BEACH 100 N.W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 Yebruar¥ 16, :[993 Governor Lawton Chiles Office of the Governor. Tallahassee, FL 32399-0001 Re: Resolution No. 15-93 Dear Governor Chiles: At the February 9, 1993, regular meeting, the City Commission of the City of Delray Beach, Florida, passed and adopted Resolution No. 15-93, a copy of which is attached for your information. Resolution No. 15-93 objects to a proposed state-wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over governmental water and sewer utility systems. Your serious consideration and support of this Resolution is appreciated. Sincerely, ALISON MACGREGOR HARTY City Clerk AMH/cl Attachment THE EFFORT ALWAYS MATTERS CITY (IF I]ELAIIY BEI:IgH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 February 16, 1993 Representative Carol Hanson 777 E. Atlantic Avenue Delray Beach, FL 33483.. Re: Resolution No. 15-93 Dear Representative Hanson: At the February 9, 1993, regular meeting, the City Commission of the City of Delray Beach, Florida, passed and adopted Resolution No. 15-93, a copy of which is attached for your information. Resolution No. 15-93 objects to a proposed state-wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over governmental water and sewer utility systems. Your serious consideration and support of this Resolution is appreciated. Sincerely, ALISON MACGREGOR HARTY City Clerk AMH/cl Attachment THE EFFORT ALWAYS MATTERS £1TY OF DELAIIY BEACH 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 February 16, 1993 RepresentatiVe Suzanne Jacobs 900 S. Congress Avenug.#5 Delray Beach, FL 33445 Re: ResQlution No. 15-93 Dear Representative Jacobs: At the February 9, 1993, regular meeting, the City Commission of the City of Delray Beach, Florida, passed and adopted Resolution No. 15-93, a copy of which is attached for your information. Resolution No. 15-93 objects to a proposed state-wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over governmental water and sewer utility systems. Your serious consideration and support of this Resolution is appreciated. Sincerely, ALISON MACGREGOR HARTY City Clerk AMH/cl Attachment THE EFFORT ALWAYS MATTERS [ITY OF [IELAAY BEI gH 100 N.W. 1st AVSNU£ * DELRAY BEACH, FLORIDA 33444 * 407/243.7000 February 16, 1993 Ms. Kathleen Daley Legislative Lobbyist One Capitol Place -~ 108 E. Jefferson Street, Suite C Tallahassee, FL 32301 Re: Resolution No. 15-93 Dear Ms~,~/~:-~ At the February 9, 1993, regular meeting, the City Commission of the City of Delray Beach, Florida, passed and adopted Resolution No. 15-93, a copy of which is attached for your information. Resolution No. 15-93 objects to a proposed state-wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over governmental water and sewer utility systems. Your serious consideration and support of this Resolution is appreciated. Sincerely, · ALISON MACGREGOR HARTY City Clerk AMH/cl Attachment THE EFFORT ALWA'r5 M A'FTERS £1T¥ OF DELR#',' BEII£H 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 February 16, 1993 Ms. Lynn Pipton Executive Assistant fo~.Intergovernmental Programs Florida League of Cities Post Office Box 1757 Tallahassee, FL 32302-1757 Re: Resolution No. 15-93 Dear Ms. Pipton: At the February 9, 1993, regular meeting, the City Commission of the City of Delray Beach, Florida, passed and adopted Resolution No. 15-93, a copy of which is attached for your information. Resolution No. 15-93 objects to a proposed state-wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over governmental water and sewer utility systems. Your serious consideration and support of this Resolution is appreciated. Sincerely,' ALISON MACGREGOR HARTY City Clerk AMH/cl Attachment THE EFFORT ALWAYS MATTERS CITY OF DELRfl¥ BEACH 100 N.W, 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 February 16, 1993 Mr. Bill Winters Executive Director Lake Worth Drainage DiStrict 13081 Military Trail Delray Beach, FL 33484 Re: Resolution No. 15-93 Dear Mr. Winters: At the February 9, 1993, regular meeting, the City Commission of the City of Delray Beach, Florida, passed and adopted Resolution No. 15-93, a copy of which is attached for your information. Resolution No. 15-93 objects to a proposed state-wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over governmental water and sewer utility systems. Your serious consideration and support of this Resolution is appreciated. Sincerely, ALISON MACGREGOR HARTY City Clerk AMH/cl Attachment THE EFFORT ALWAYS MATTERS £1TY OF DI LAI:IY 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 February 16, 1993 Mr. Tilford Creel, Executive Director South Florida Water Management District Post Office Box 24680 '' West Palm Beach, FL 33416-4680 Re: Rgsolution No. 15-93 Dear Mr. Creel: At the February 9, 1993, regular meeting, the City Commission of the City of Delray Beach, Florida, passed and adopted Resolution No. 15-93, a copy of which is attached for your information. Resolution No. 15-93 objects to a proposed state-wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over governmental water and sewer utility systems. Your serious consideration and support of this Resolution is appreciated. Sincerely{ ALISON MACGREGOR HARTY City Clerk AMH/cl Attachment THE EFFORT ALWAYS MATTERS CITY OF DELRflY BEflgH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 February 16, 1993 Mr. Jack Horniman Executive Director Palm Beach County MuniCipal League Post Office Bo.x 1989 Palm Beach County Governmental Center West Palm Beach, FL 33402 Re: Resolution No. 15-93 Dear Mr. Horniman: At the February 9, 1993, regular meeting, the City Commission of the City of Delray Beach, Florida, passed and adopted Resolution No. 15-93, a copy of which is attached for your information. Resolution No. 15-93 objects to a proposed state-wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over governmental water and sewer utility systems. Your serious consideration and support of this Resolution is appreciated. Sincerely, ALISON MACGREGOR HARTY City Clerk AMH/cl Attachment THE EFFORT ALWAYS MATTERS CITY OF DELRIIV BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 February 16, 1993 Ms. Virginia Whetherell Secretary Florida Department of ~hvironmental Regulation 2600 Blair StQne Road Tallahassee, FL 32399-2400 Re: Resolution No. 15-93 Dear Ms. Whetherell: At the February 9, 1993, regular meeting, the City Commission of the City of Delray Beach, Florida, passed and adopted Resolution No. 15-93, a copy of which is attached for your information. Resolution No. 15-93 objects to a proposed state-wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over governmental water and sewer utility systems. Your serious consideration and support of this Resolution is appreciated. Sincerely,' ALISON MACGREGOR HARTY City Clerk AMH/cl Attachment THE EFFORT ALWAYS MATTERS Governor Lawton Chiles Office of the Governor Tallahassee, FL 32399-0001 S~ Representative Carol Hanson 777 E. Atlantic Avenue Delray Beach, FL 33483 ~ Representative Suzanne Jacobs 900 S. Congress Avenue #5 Delray Beach, FL 33445 Kathleen Daley, Legislative Lobbyist 0o~ ~np,~ 108 E. Jefferson Street, Suite C Tallahassee, FL 32301 Lynn Pipton, Executive Assistant for Intergovernmental Programs Florida League of Cities Post Office Box 1757 Tallahassee, FL 32302-1757 Bill Winters, Executive Director Lake Worth Drainage District 13081 Military Trail Delray Beach, FL 33484 Tilford Creel, Executive Director South Florida Water Management District Post Office Box 24680 West Palm Beach, FL 33416 Jack Horniman, Executive Director Palm Beach County Municipal League P o. Box ~.8.~.Governmental CenterF~~ West Palm Beach, FL 3340~ Virginia Whetherell, Secretary Florida Department of Environmental Regulation 2600 Blair Stone Road Tallahassee, FL 32399-2400 State of Florida  Fletcher Building J. Terry Deason >, 101 East Gaines Street Chairman . (904) 488-2980  ~/ FAX # (904) 488-0914 ublic ommi ion February 18, 1993 Representative Carol Hanson Florida House of Representatives 325 The Capitol Tallahassee, Florida 32399-1300 Dear Representative Hanson: Thank you for your letter of February 10 to our Executive Director regarding any rate structure jurisdiction for the Commission over governmental water and sewer utility systems. We can assure you that the Commission has not included this proposal in its legislative package this session. I share your concern about any appearance of the FPSC in regulatory areas reserved for municipal and local governments, but I would like to clarify where we are in this process and what happens from here. Staff came to the Commission at the December 15th Internal Affairs meeting essentially asking did we as the Commission want them to pursue legislative changes to expand FPSC jurisdiction to certain aspects of rate design and territorial disputes. Staff simply wanted guidance and direction before they began a complex and exhaustive effort to bring all the affected parties to the process. We, as the Commissioners, were seeing the idea for the first time. This was the purpose of the initial staff proposal. At the Internal Affairs meeting the Commissioners did give guidance that we wanted to explore some possible changes in this area and directed staff to initiate a series of meetings and discussions with the various municipal systems to see what could be developed in the way of legislative proposals. We welcome input and guidance from you and other interested persons as we undertake this task. I can assure you that we are a long way from making any firm proposals, but we do want to begin the dialogue with the local governments. By way of this letter, I am asking staff to keep you apprised of these meeting dates. This state has a serious water crisis. As public officials we must recognize and act on the problem of water availability and its associated issues--especially to local An Affirmative Action/Equal Opportunity Employer Representative Hanson -2- February 18, 1993 governments. This Commission has pursued a strategy that brings the Department of Environmental Regulation, water management districts, and regulated systems together on the front end to resolve the outstanding issues. The recent Memorandum of Understanding between the FPSC and the DER is a good example of this approach. I believe dialogue and cooperative problem solving will result in superior solutions, and more efficient government. The Commission staff have now conducted two workshops on this matter and I have enclosed summaries of those workshops. Again, we can assure you that the Commission has not included this proposal in its legislative package this session. Thanks again for your letter. I look forward to working with you on this important area of public facilities. Sincerely, J. Terry Deason Chairman JTD/gs Enclosures ce: Commissioner Beard Commissioner Clark Commissioner Lauredo Commissioner Johnson Rob Vandiver Cindy Miller Charles Hill MEMORANDUM February 1!, 1993 TO: CHAIRiMAN J. TERRY DEASON COMMISSIONER THOMAS M. BEARD COMMISSIONER SUSAN F. CLARK COMMISSIONER LUIS J. LAUREDO COMMISSIONER JULIA JOHNSON DAVID SWAFFORD, EXECUTIVE DIRECTOR JAY MCGLON, DEPUTY EXECUTIVE DIRECTOR/ADM. BILL TALBOTT, DEPUTY EXECUTIVE DIRECTOR/TECH. ROB VANDIVER, GENERAL COUNSEL /~ DIVISION OF LES SERVICES (DAVIS) DIVISION OF APPEALS (MILLER)r~~' DIVISION OF WATER AND WASTEWATER (HILL, DANIEL,' WILL~) RE: STAFF WORKSHOP ON RATE STRUCTURE JI/RISDICTION FOR GOVERNMENTALLY-OWNED WATER AND WASTEWATER COMPANIES AS you directed at Internal Affairs, staff met with interested persons to receive cor~f~ents on the staff proposal relating to Commission raze structure and territorial jurisdiction over governmentally owned water and wastewmter companies. This proposal was part of staff's suggestions for the FPSC's submission tc the legislature for consideration. However, this proposal was pulled from the FPSC package in order to gain more input. A workshop was held on January~ ~2 in Tallahassee and a summary of that workshop was presented at,the last Internal Affairs meeting. This memo will provide a summary of the second workshop which was held on February 5 in West Palm Bg.~ch and staff's proposal for the next phase of the process. Although it was a dark and stormy d~y, 40 people attended the workshop. Of the 19 who provided comments, 18 expressed unequivocal opposition t~'both the rate structure jurisdiction and zerritorial dispute jurisdiction proposals. These 18 persons represented cities, counties, improvement districts, a regional water authority, and a golf course. The points generally raised by the speakers were: (1) the proposal would result in duplicative functions provided by cities, counties, and authorities; (2) localities are closer to and thus more familiar with the problems; (3) the proposal may impair bond issuance and covenants; (4) the proposal creates another level of bureaucracy; (5) the job is already being adequately done; and, (6) the importance of local accountability. Numerous speakers either presented resolutions from their governing bodies opposing the proposal or stated that resolutions would be forthcoming. The one speaker in support of the proposal was Mr. Marry Deterding who represents the Florida Waterworks Association. He stated that the Association had not yet voted, but his personal opinion based on his understanding of the industry was that the territorial dispute jurisdiction was a good idea. He did not give. a position on the rate structure jurisdiction proposal. -.. We appreciate the South Florida Water Management District'" making their facility available for the workshop. Mr. Bruce Adams, Conservation Coordinator, gave a closing presentation in which he emphasized that rate structure is only one piece of the conservation picture. Other important elements are reuse, demand management, and customer education. The list of attendees at the workshop is attached. Staff believes it appropriate to propose the formation of an informal working group as suggested by the League of Cities at the first workshop. Interested cities, counties, industry representatives, and other governmental agencies would be invited to discuss water conservation in terms of where we are now, where we want to be, and how to get there. This will be brought to the Ccmmission at a forthcoming Internal Affairs. MEMORANDUM January 26, 1993 TO: CHAIRM3%NJ. TERRY DEASON COMMISSIONER THOMAS M. BEARD COMMISSIONER SUSAN F. CLARK COMMISSIONER LUIS J. LAUREDO COMMISSIONER JULIA JOHNSON DAVID SWAFFORD, EXECUTIVE DIRECTOR 'JAY MCGLON, DEPUTY EXECUTIVE DIRECTOR/ADM. BILL TALBOTT, DEPUTY EXECUTIVE DIRECTOR/TECH. ROB VANDIVER, GENERAL COUNSEL ~ FROM: DIVISION OF APPEALS (MILLER~~k-~ DIVISION OF WATER & WASTEWATER (HILL, DANIEL, WILLIAMS RE: STAFF WORKSHOP ON RATE STRUCTURE JURISDICTION FGR GOVER/~MENTALLY-OWNED WATER & WASTEWATER COMPANIES AS you directed at Internal Affairs, staff met with interested persons to receive comments on the staff proposal relating to Commission rate structure and territorial jurisdiction over governmentally owned water and wastewater companies. This proposal was part of staff's suggestions for the FPSC's submission to the legislature for considera=ion. However, we pulled this proposal from the FPSC package in order to gain more input. Two workshops were scheduled: one in Tallahassee on January 22nd and one in Palm Beach on February 5. At the January 22 workshop, FPSC staff presented some of the origins of the p.roposal, such as the Memorandum of Understanding between the DepaTtment of Environmental Regulation (DER) and the FPSC, the Re-Use Committee, and other projects jointly attended by the FPSC staff, the DER staff, and the Water Management District (WMD) staff. The purpose of the meetings was to determine ways to achieve more success in the area of water conservation. Rather than having experts on economics go to work for water management districts and the staff of the Department of Environmental Regulation, the staff of the DER and water management districts said it would be helpful to be able to tap the economics experts of the FPSC, said John Williams. Thus, the concept was for the FPSC to be able to assist the other agencies. He said that the water management districts and the DER "encouraged us to make recommended changes" to focus more on water conservation. Kathy Betancourt, oN behalf of the City of Tampa, said that the Water Management District in Tampa did not seem so supportive. She expressed concern that the local governments were not asked for their comments. John Williams responded that the Re-Use Committee was the inter-agency group that worked on it. He also acknowledged that the Southwest Water Management District was not supportive of the legislative proposal. Ms. Betancourt said that "in every single issue the City of Tampa has found the FPSC to be wonderful" in seeking input from the City. However, they were surprised by this proposal. She emphasized that the people all over the state are doing efforts on water conservation and that this proposal may not be the best way to solve the problem. She urged that the FPSC put it aside for a year. "Water conservation was one of the Mayor's top priorities", she said. She suggested that the FPSC may want to serve as a clearinghouse for information. "We don't believe we need regulation; instead we look to a partnership." She said there are a lot of local government people who would be "so excited about telling you about their water program". She added, "If, after a year of looking at it with the cities, you still believe the proposal is necessary, then go forward." She said the FPSC has always been a good partner. Ken Small spoke on behalf of the Florida League of Cities and read a letter on behalf of Chip Morrison, counsel to the League. He urged that the FPSC come to the League of Cities and they could put together a statewide study group. The League requested that the staff and the FPSC reconsider their potential . support of the legislative proposal. "It will unduly interrupt our budget processes." He said the DCA and the DER already oversee the water conservation and that it is "counter productive to interject another state agency". Jim Massey of Massey and Scott, on behalf of St. Petersburg, said they are absolutely opposed to the proposal. Bill Huey, .on.behalf of the Florida Association of Counties, also spoke in oppositiOn to the proposal. He said that some of the concerns about the need for more water conservation can be handled through the Comprehensive Plan rather than through additional legislation. He also urged consideration of arbitration mechanisms rather than litigation. Naomi Whitney of the St. Johns Water Management District said that her board has mot taken a position on the matter. Dave Irwin on behalf of the Orlando Utilities Commission said there was a concern about an overlap with other agencies and he urged that the FPSC continue studying the matter. The FPSC staff also mentioned the proposals which were sent by the FPSC, such as on water individual meters. A second workshop is scheduled in Palm Beach February 5. Staff plans to pursue the concept of working with the governmentally-owned utilities to study the .issue, and will discuss such a plan at Internal Affairs after the second workshop. The list of attendees at the January 22 meeting is attached. miller.cjp Attachment