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Present for the County were the County's Outside Counsel Floyd Self from Gonzales, <br /> Saggio, and Harlan LLP, Tallahassee, County Attorney Dylan Reingold, Commissioner Peter D. <br /> O'Bryan, and Deputy Clerk Terri Collins-Lister. <br /> Mediator Alvarez stated that the conflict between the Town, the City and the County fell <br /> under the Florida Governmental Conflict Resolution Act as set forth in Chapter 164 of the <br /> Florida Statutes. He explained mediation was a conversation between parties in which a neutral <br /> party gets involved to help them understand the matter better and to come up with ideas to <br /> resolve the conflict. He made it clear this was not an adversarial proceeding, but a collaborative <br /> effort from all parties. He added that some mediations could be solved within a day; however, <br /> some took more effort and any agreement reached during session would need to be taken back to <br /> their respective government bodies to be voted on. <br /> He discussed two important ways of negotiating: <br /> 1. Interest-Based Mediation - the position of the parties and the process which begins with <br /> understanding the problem and identifying the interests that underlie each side's issues and <br /> positions. <br /> 2. Analyze best and worst alternatives to any settlement proposed - the best and worst <br /> alternatives to a negotiated settlement and the parties needed to look at the time put into <br /> mediations, as well as the costs, time, relationships of parties afterwards involved in litigation. <br /> OPENING STATEMENTS ON THE ISSUES IN CONFLICT <br /> Mediator Alvarez turned the mediation over to the Town's, the County's and the City's <br /> representatives to give their opening statements, and said he would begin with the Town and the <br /> County, then the City of Vero Beach. <br /> The Town of Indian River Shores' Opening Statement <br /> Bruce May, the Town's Attorney touched on one part of the City's mediation which <br /> suggested the City may have misunderstood the Town's fundamental concerns. He referenced in <br /> the mediation statement by the City, the City stated the Town's dispute was really about their <br /> desire for lower electric rates. He added, while reasonable electric rates were important to the <br /> Town and its citizens, the City's history of extremely high rates and its disenfranchisement to the <br /> Town and its citizens were really just symptoms of a much more fundamental concern of which <br /> the Town believes the City has no real control over its destiny, electric utility and electric rates. <br /> He explained as part of the conflict resolution process, the parties participated in a series of local <br /> meetings in efforts to resolve the dispute. He said what was clear: 1) the City owns the electric <br /> utility which it has contracted to sell to Florida Power & Light Company (FPL), and the City said <br /> they were powerless when it came to making the sale happen; 2) the Town applauds the City for <br /> trying to lower its electric rates. The City confirmed it simply cannot <br /> Town of Indian River Shores - City of Vero Beach - Indian River County <br /> Electric Utilities Mediation Page 2 <br /> December 17, 2014 <br /> 5 <br />