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lawsuit, the parties could still continue to negotiate in litigation. He indicated that if the City and <br /> FPL were productive in their talks, then the Town would be glad to accommodate the schedule <br /> of the lawsuit. <br /> Mediator Alvarez said if the Town and the City put the litigation to the side, then there would be <br /> a better chance of reaching a settlement. He had no problem with the Town instituting the <br /> lawsuit,but asked if the Town would extend the cooling off time period to June 1, 2015. <br /> Mayor Winger wanted the parties to know that he would not support anything done in this venue <br /> that was not equitable to all of the customers of the Vero Electric. <br /> Mediator Alvarez sensed from the Town's proposal that the remaining Vero Electric customers <br /> would not bear a huge burden. <br /> Mayor Barefoot hoped the negotiations between the City and FPL would get to the point where <br /> everyone would benefit. He commented in regards to the lawsuit from the Town's perspective, it <br /> could not be any worse than it was now, so they had nothing to lose. He continued, if there was <br /> some role the Town could play in the negotiations between the City and FPL that would facilitate <br /> a favorable conclusion, he would be more than happy to participate in that discussion. <br /> Mediator Alvarez led a discussion regarding the near end of mediation and the parties not <br /> reaching an agreement. He said in this mediation there was frustration from all of the parties,but <br /> at the same time there were a number of things already happening to better the situation. <br /> Mediator Alvarez inquired on a discussion from the December Mediation, regarding a Utility <br /> Board beyond the City. Attorney Wright in response to Mediator Alvarez, indicated that creating <br /> a Utility Board was still on the high priority list; however, the City's efforts had been devoted <br /> toward trying to get lower rates and costs from power supply sites. <br /> Attorney May revealed the Town was moving forward with adopting a Rate Ordinance in the <br /> event the litigation was unsuccessful; they would have the legal authority to adopt their Rate <br /> Regulatory Ordinance within the Town limits. <br /> Commissioner O'Bryan thanked the Town for bringing forward a potential solution and <br /> reiterated the County's position was that the only true and equitable solution was the full and <br /> complete sale of the entire electric utility to FPL. He indicated the County feels that progress <br /> would be made toward a solution for a full and complete sale of the City of Vero Beach's <br /> Electric Utility by sending a letter to the legislature requesting the Joint Legislative Auditing <br /> Committee to tell FMPA: 1) to give the City the value of their assets; and 2) to provide the exit <br /> costs for the City. <br /> The Mediator announced a recess for discussion at 11:05 a.m. and resumed at 11:13 a.m., with <br /> all parties present. <br /> Town of Indian River Shores - City of Vero Beach - Indian River County <br /> Electric Utilities Mediation Page 6 <br /> May 1, 2015 <br /> 32 <br />