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02/17/2015 (2)
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02/17/2015 (2)
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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 <br />December 17, 2014 <br />Page 2 <br />2 <br />
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