HomeMy WebLinkAbout12/16/2014 (4)JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
P.O. Box 1028
Vero Beach, FL 32961-1028
Telephone: (772) 770-5185
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THE FOLLOWING MEDIATION MEETING MINUTES OF
DECEMBER 17, 2014, WERE PROVIDED BY THE STAFF OF THE
CLERK TO THE BOARD AS A COURTESY FOR THE TOWN OF
INDIAN RIVER SHORES, THE CITY OF VERO BEACH, AND THE
COUNTY.
THESE MINUTES ARE PLACED HERE FOR
ARCHIVING AND SEARCHING PURPOSES.
NO BOARD ACTION WAS TAKEN AND
THERE ARE NO SIGNATURES.
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JEFFREY R. SMITH
Clerk to the Board
evEnc,
K`itoRro:1
December 17, 2014
THE TOWN OF INDIAN RIVER SHORES, CITY OF VERO
BEACH AND INDIAN RIVER COUNTY MEDIATION
Representatives from the Town of Indian River Shores (the "Town"), the City of Vero
Beach (the "City"), and the Board of County Commissioners of Indian River County, Florida
(the "County") met in mediation at the City of Vero Beach Community Center, 2266 14th
Avenue, Vero Beach, Florida, at 9:30 a.m. on Wednesday, December 17, 2014.
The purpose of the mediation was to promote a productive mediation effort as part of the
conflict resolution process between the Town, the City and the County relating to the City's
Electric Utility.
CALL TO ORDER
Carlos Alvarez, Esquire, Mediation, Facilitations, and Negotiations, called the meeting to
order at 9:35 a.m. He introduced himself as the mediator the parties had retained through the
mediation hearing and briefly summarized how he would conduct the hearing.
1. INTRODUCTIONS / PURPOSE OF WORKSHOP
Present for the Town of Indian River Shores was Town Manager Robbie Stabe, the
Town's Legal Counsel Bruce May and Kevin Cox from Holland and Knight and Terry Deason,
Electric Utility Consultant from Holland and Knight, Mayor Brian Barefoot, Town Attorney
Chester Clem, and Town Clerk Laura Aldrich.
Present for the City of Vero Beach was City Attorney Wayne Coment, the City's Legal
Counsel Robert Scheffel "Schef' Wright, City Manager. Jim O'Connor, Mayor Richard Winger,
and City Clerk Tammy Vock.
Town of Indian River Shores - City of Vero Beach - Indian River County
Electric Utilities Mediation
December 17, 2014
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Present for the County were the County's Outside Counsel Floyd Self from Gonzales,
Saggio, and Harlan LLP, Tallahassee, County Attorney Dylan Reingold, Commissioner Peter D.
O'Bryari, and Deputy Clerk Terri Collins -Lister.
Mediator Alvarez stated that the conflict between the Town, the City and the County fell
under tie Florida Governmental Conflict Resolution Act as set forth in Chapter 164 of the
Florida Statutes. He explained mediation was a conversation between parties in which a neutral
party gets involved to help them understand the matter better and to come up with ideas to
resolve the conflict. He made it clear this was not an adversarial proceeding, but a collaborative
effort from all parties. He added that some mediations could be solved within a day; however,
some took more effort and any agreement reached during session would need to be taken back to
their respective government bodies to be voted on.
He discussed two important ways of negotiating:
1. Interest -Based Mediation - the position of the parties and the process which begins with
understanding the problem and identifying the interests that underlie each side's issues and
positions.
2. Analyze best and worst alternatives to any settlement proposed - the best and worst
alternatives to a negotiated settlement and the parties needed to look at the time put into
mediations, as well as the costs, time, relationships of parties afterwards involved in litigation.
OPENING STATEMENTS ON THE ISSUES IN CONFLICT
Mediator Alvarez turned the mediation over to the Town's, the County's and the City's
representatives to give their opening statements, and said he would begin with the Town and the
County, then the City of Vero Beach.
The Town of Indian River Shores' Opening Statement
Bruce May, the Town's Attorney touched on one part of the City's mediation which
suggested the City may have misunderstood the Town's fundamental concerns. He referenced in
the mediation statement by the City, the City stated the Town's dispute was really about their
desire for lower electric rates. He added, while reasonable electric rates were important to the
Town and its citizens, the City's history of extremely high rates and its disenfranchisement to the
Town and its citizens were really just symptoms of a much more fundamental concern of which
the Town believes the City has no real control over its destiny, electric utility and electric rates.
He explained as part of the conflict resolution process, the parties participated in a series of local
meetings in efforts to resolve the dispute. He said what was clear: 1) the City owns the electric
utility which it has contracted to sell to Florida Power & Light Company (FPL), and the City said
they were powerless when it came to making the sale happen; 2) the Town applauds the City for
trying to lower its electric rates. The City confirmed it simply cannot
Town of Indian River Shores - City of Vero Beach - Indian River County
Electric Utilities Mediation
December 17, 2014
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bring its rates down comparable to FPL because of the City's predecessors who have locked the
City into a long-term power supply; and 3) the City continues to set its rates at a level which
caused the Town and other captive non-resident customers to produce millions of dollars of
surplus electric revenue, which the City transfers to its general operating fund.
Attorney May "said that faced with those three realities, the Town believes the City no
longer has the power or the will to independently manage its electric utility business and thus
unable to assure that the Town and its citizens would receive fair and reasonable priced service
over the 'long term. He said the City to date has not acknowledged that the Town has an equally
independent fundamental interest and responsibility to protect its citizens from unfair rates and
utility prices. He continued that the legislature has given the Town specific expressed statutory
powers too provide electric service to its inhabitants by either providing the service itself, or by
contracting with other utility providers. He said the core issue was not the high rates, but
municipal law and whether the City had the right to assert extra -territorial monopoly electric
powers and abstract monopoly rates after the franchise agreement expires in November 2016.
He referred to Florida Statutes Section 180.02, Powers of Municipalities.
Attorney May indicated the Town had been working on ways to solve this issue for the
interest of all parties. He asked the City to consider respecting the rights of the Town to furnish
electricity to its residents, pursuant to the express powers granted to the Town in the Laws of
Florida, Chapter 29163.
Indian River County's Opening Statement
Peter O'Bryan, Indian River County Board of County Commissioners, stated the
County's long held best solution in the City's electric issue was the full and complete sale of the
utility to FPL. He opined the City showed a lack of will to make a 100% commitment to
complete the sale, or to explore all options due to their reluctance to pass along tax increases to
the citizens of Vero Beach, or to give up their subsidies to the general fund. The County felt
with the restrictions of the Florida Municipal Power Agency (FMPA), the City had no leverage
being under contract with the FMPA, or bargaining position, and was forced to accept these
contracts that continue to perpetuate additional costs passed on to the ratepayers and not the
taxpayers.
The City of Vero Beach's Opening Statement
Robert Scheffel "Schef' Wright, the City's Outside Counsel, stated the City's electric
rates were higher than they wished. He said the decisions by the City throughout the years had
put them in the position they were in today in terms of electric rates. He reiterated the City was
committed to doing everything they could to reduce the electric rates.
Attorney Wright pointed out the City signed a contract to sell the whole electric system to
FPL and he expounded, "you just cannot walk away from a contract". He explained that the City
and the Orlando Utilities Commission (OUC) had an agreement with FMPA, of which OUC
Town of Indian River Shores - City of Vero Beach - Indian River County
Electric Utilities Mediation
December 17, 2014
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determined they could not take an assignment without violating their bond covenant and that
FMPA would not change their bond covenants to accommodate OUC.
Attorney Wright maintained that the City's interest was to provide safe and reliable
service, and continue earning a reasonable return on their equity, as well as provide service at the
lowest possible cost by discussions with OUC which provided 60% of the City's power, pursuant
to the 2008 Power Purchase Agreement to get lower rates. He indicated OUC has been very
generous and cooperative in working towards some options to assist the City in getting rates
lowered] He indicated one option was to continue with the contract, which had 15 years
remaining, for the full remainder 15 years with substantial discounts, in return for concessions,
including an option to buy the St. Lucie output under the purchasing agreement and taking
permanent assignment of the gas transportation contract. He pointed out another option was
reducing! the remaining period to nine years, shortening the term by six years, but with higher
prices. Additionally, a rate study was being done by Public Resources and Management Group
to evaluate costs, rates, evaluating a specific alternative, and finance capital expenditures, as
opposed 'to paying annual capital expenditures. He anticipated the completion of the rate study
sometime in March or April 2015. He concluded the City was on the threshold of issuing a
contract to study the system efficiency/optimization of the City Electric System. It was noted the
City adopted a resolution authorizing staff to work with the Town and the County with a
referendum and a resolution to move forward with a utility authority to provide geographic
representation to all customers with the authority to operate the business of the electric utility
system.
Attorney Wright concluded the City's position was that the electric rates were higher than
they would like and that the City's rate of return was reasonable. The City felt the Florida Public
Service Commission (PSC) had the superior jurisdiction to declare who served where, and the
Town had the statutory power to run an electric utility system.
Mediator Alvarez summarized that all parties were in agreement in that they wanted the
electric rates lower and everyone/someone would need to suffer a bit or a lot financially going
forward. He said everyone had done a great job identifying interests and took the parties through
a problem -solving exercise.
Mediator Alvarez identified the problems he perceived though the mediation statements
provided by the Town, the County, and the City.
Parties want Lower Electric Rates in the Long Term
A discussion ensued on the electric rates, and the County wanted the City's rates within the
range of 5% of the present FPL rates now and going forward. Attorney Reingold stated if the
FPL deal does not go through, the County wanted to see lower rates within a 5% range of FPL,
plus or minus, an electric utility authority that was controlled by a governing board that fairly
and proportionally represents the geographic makeup of the City electric utility customer base
and the cessation of the subsidy to the City's general fund by the City of Vero Beach Utility.
Attorney May spoke up for the Town and wanted it to be clear that all parties wanted lower rates
for the long term.
Town of Indian River Shores - City of Vero Beach - Indian River County
Electric Utilities Mediation
December 17, 2014
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Mediator Alvarez brought up the rates and felt the electric generation mix was dis-
proportionate. He explained the rates were dependent on the prices of oil, coal, gas, or nuclear.
It was one of the reasons for the difference in rates between the City and FPL. Attorney Wright
replied in the affirmative and commented the City was coal heavy, whereas FPL rates were gas
driven.
No Representation of the Town or County Citizens in the Utility Decision Making
Commissioner O'Bryan brought up the fact that there was no representation from the
Town or County citizens and discussed the transfers between the electric utility and the City's
general fund. He brought up the Return on Investment (ROI) and noted FPL's ROI goes to the
shareholders. They were the ones who put up the money to buy the stocks and invest the capital,
whereas with the City, it was the customers of the electric utility making the investment. He
continued stating that when FMPA passed on their excessive fuel costs to the City, the City did
not raise taxes to pay for it; they raised the electric rates. It was the County's contention that
besides the issue of whether a government agency should be making a ROI, they felt the ROI
should go back to customers of the electric utility. He concluded that the County's position to
take the 60% paid for by citizens outside the city limits, and to use that to subsidize the taxes for
the city residents was immoral and wrong. He stated the 60% included those residents in the
County and the Town, who could not vote in the City elections or have a voice on how the
money was spent.
Mediator Alvarez wondered whether it would be in the interest of the County and Town
to have a governance of the utility to be more representative of the citizens they serve, if the City
electric rates were the same as FPL rates (long term) today.
Attorney May said his research showed the percentage of non-resident customers today,
with over 60% of the customers being outside the municipal limits, and currently disenfranchised
with no say on utilities management, was unprecedented. He felt if a utility authority was
created, it would have control over the utilities finances, operations, and rate setting, including
whether to continue or discontinue the utility revenue transfer.
Commissioner O'Bryan indicated the County recommendation was a full sale of the
City's utilities to FPL to get out from under the FMPA. He said if the County signed a 30 -year
agreement with the City, and they agreed to charge the County residents a rate equal to FPL, he
felt it would be fair enough.
Mayor Winger of the City, pointed out FPL was currently seeking $750 million to add to
the rates in Oklahoma, as well as adding hundreds of millions of dollars to bills across their
service area allowed by public law for engineering of nuclear reactors at Turkey Point. He
indicated under Florida Law, a fair amount of engineering development of public utilities was
actually paid by the ratepayers.
Town of Indian River Shores - City of Vero Beach - Indian River County
Electric Utilities Mediation
December 17, 2014
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Attorney May said the Town has a responsibility to its constituents and wants to be in
control of its public utility destination. He pointed out that the contracts the City had entered into
in the past have essentially stripped away the authority of the City to set its rates.
Mediator Alvarez recapped if FPL was to purchase the City's electric system, the rates
would not be set by the Town. He added if there was an authority in terms of a settlement, if the
authority was in the limits of customers presently being served by the City, how the Town would
feel being a minority, even though the citizens outside of the City would be the majority.
Attorney May said to have a full and fair Authority, you must have full and total control
over the financial and physical operations of the utility, as well as the composition of the Board
which would consist of proportionate representation elected from ratepayers residing outside the
City.
The City needs some Funding from the Electric Utility Business to Fund its own General
Revenue
Mediator Alvarez recapped the problem was that the City needs to fund its own general
revenue and asked what would happen if the Town and County succeeded in going with a
different 'utility provider, and the City was left with these obligations to serve only the City
residents
City Manager Jim O'Connor replied there was an analysis done and property taxes
would be impacted substantially as well as an increase in the electric rates. He did not anticipate
any declaratory bankruptcy, because it was just one business unit of the City that had no real
impact on the City's operation; however, the City may raise taxes or lower the services provided.
Commissioner O'Bryan stated the Town does not have electric, water, and wastewater
utilities to transfer to their general fund, so they provide a level of services to their residents
based upon the taxes they collect.
The Mediator called for a recess at 11:20 a.m. and reconvened the meeting at 11:40 a.m.,
with all parties present
Mediator Alvarez wanted to discuss potential solutions and asked the parties for potential
solutions and interests and referred to the Town. He asked if Attorney May wanted to share his
thoughts on a potential solution.
Attorney May referred back to the rates, and going forward he felt there was an
impression that a regulator in Tallahassee, or a judge, would be making the decision as to
whether the City rates were reasonable or prudent. The Town believed what was reasonable and
prudent was a decision from a juror residing in Indian River County (IRC) who had paid what
the Town believes to be excessive and high rates, and moving forward it would be the juror in
Town of Indian River Shores - City of Vero Beach - Indian River County
Electric Utilities Mediation
December 17, 2014
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IRC to address: 1) whether the rates were reasonable or prudent, and 2) whether the City was
S being "unjustly enriched" on the backs of the Town and other non-resident customers as a result
of this utility revenue transfer.
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Mediator Alvarez felt it was not in the advantage of anybody to go to trial. Attorney May
agreed, and felt that before the Town went down that road, which they were prepared to do, they
would make a good faith offer to settle this dispute in a way they felt was fair.
Attorney May presented the "Settlement Structure Offered by the Town of Indian River
Shores' Mediation Team" and offered to summarize the settlement terms. Attorney Wright
wanted al copy of the settlement offer to be able to discuss during lunch.
Attorney May stated the settlement structure would be for the purpose of settlement and
in return, for the Town continuing abatement of its lawsuit against the City for five months to
allow the Town to exercise its statutory rights to explore all lawful options to provide electricity
to its citizens (either by itself or contracting with another utility). He added as part of the
evaluation process, the Town would invite and strongly encourage the City to submit a proposal
to provide electricity to the Town citizens for the next 30 years, as well as solicit proposals from
other utility providers. He continued, if the City was not selected to continue, then the settlement
structure would be the City and the Town could enter into good faith negotiations to determine
and agree upon the most appropriate means to discontinue the provision of electric service with
the Town after the Franchise Agreement expires. He concluded on June 1, 2015, if the Town
would agree, that the City should continue to provide electricity after the franchise agreement
expires, then they would dismiss the lawsuit. If the Town and the City do not reach a formal
agreement, the Town could proceed with its lawsuit against the City. He said this would give the
Town and the City time to look into the matter, and to submit a proposal to give those efforts an
opportunity to crystalize before the November 2016 deadline.
Attorney May handed out the proposed "Settlement Structure Offered by the Town of
Indian River Shores' Mediation Team" to all parties, and a copy was given to the Indian River
County Clerk to the Board.
Attorney May inquired if the City had done a fiscal analysis of the impact on taxes and
rates, if the Town were to leave the City's Electric system.
Jim O'Connor replied in affirmative and pointed out the Town represents between 7 to
8% of the City's customer base. He indicated the analysis did not focus on sensitivities, for
example, the stranded costs involved in that transaction and the impact was not really significant
because the Town represents primarily residential customers as opposed to having major
commercial customers. He offered to provide the Town with a copy of the analysis.
Aldiscussion ensued on the Settlement Proposal regarding rate structure; risks such as an
increase in the price of gas; the three scenarios: the existing contract, the 15 -year contract
extensions or the 9 -year contract extension; the scenario where no funds obtained from the
customer go into a general revenue fund and the impact to the electric rates; franchise fees; the
Town of Indian River Shores - City of Vero Beach - Indian River County
Electric Utilities Mediation
December 17, 2014
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® municipal electric systems in the State of Florida; the referendum process at a City election; and
the state legislature to resolve the electric issue.
Mediator Alvarez indicated prior to breaking for lunch, he had a request from Dr.
Stephen Faherty to speak.
Dr. Faherty provided the mediator with a brief summary of electric issues stemming back
to the summer 2007, when he got involved and highlighted the electric rates and FPL rebates.
Tihe Mediator called a recess for lunch at 12:35 p.m. and reconvened at 1:37 p.m., with
all parties present.
Attorney Reingold referred to the Town's proposal and the dialog between the City and
the Town. He wanted to make everyone aware that the County was in favor of the proposal and
the County also wanted to be included in the Town's proposal.
Mediator Alvarez asked for the City's thoughts on the Town's proposal. Attorney Wright
said the City's mediation team reviewed the proposal and was not in support of it, but would take
it to the Vero Beach City Council Meeting on December 17, 2014. He referred to paragraphs
one (1) and two (2) of the proposal:
Settlement Terms
• For purposes of settlement, and in return for the Town continuing to abate its lawsuit
against the City, the City would:
1. Expressly acknowledge that the Town may provide electric service to its citizens upon
expiration of the Franchise Agreement either through direct provision of such electric
service or by contracting on behalf of its residents with another electric utility provider in
accordance with the Special Act creating the Town.
2. Honor the Town's right to conduct an evaluation, which may include but not be limited
to a Request for Proposal ("RFP') process, of the most appropriate means for the Town
to provide electric service to its citizens upon expiration of the Franchise Agreement. In
the event the Town issues an RFP, the Town would recognize the City's right to submit a
proposal in response to the RFP as a potential provider of electricity to the Town and its
residents after the Franchise Agreement expires.
Attorney Wright pointed out in Paragraph 1 of the settlement terms: (1) the City was
asked to expressly acknowledge that the Town could serve its citizens when the franchise
agreement expires. He felt the wording relayed that the City was giving up their position.
Mediator Alvarez questioned if Paragraph 1 was removed, what about Paragraph 2.
Attorney Wright stated it was the consensus of the City's mediation team that Paragraph 2 was
closely related to Paragraph 1.
Town of Indian River Shores - City of Vero Beach - Indian River County
Electric; Utilities Mediation
December 17, 2014
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Mediator Alvarez felt it would be beneficial to have more analysis on the issue, so all
parties could base their decision on the best data possible. He suggested having a six-month
cooling off period to analyze the situation and review the options.
Mediator Alvarez reviewed some potential solutions:
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The settlement terms in the Town's Proposal
One or more of the following actions:
a. Some type of independent/representative electric authority
b. Reduction of general fund contribution from electric utility revenues
c. Amendments of OUC and/or FMPA obligations
d. Other rate reduction initiatives through the rate reduction study
e. Outside determination of reasonable rates
f. FPL purchase
g. Expert on the issue retained by all parties
Mediator Alvarez said it would be to the benefit of all parties, that further efforts be done
over the next six months, and recommended continuing talks with OUC and FMPA with the
Town and County parties to such talks to understand the difficulties and legal ramifications of
the negotiations.
Attorney May clarified the Town envisioned that during the six month cooling off period,
they would be able to conduct evaluations, which may include a potential RFP from providers of
electricity.
The mediator announced a recess for discussions at 1:57 p.m. and resumed at 2:02 p.m.,
with all parties present.
Attorney Wright stated the City agreed to the six-month cooling off period, but would not
agree to the document proposed by the Town. He added the Town could do anything they want
in terms of conducting a RFP to evaluate its position and alternatives going forward. He
indicated the City would continue negotiations with OUC, proceed with the rate study and the
system optimization/efficiency study. The City supported having the Town and the County
representatives at the OUC, FMPA and FPL meetings as long as those entities agreed.
Attorney May said what was missing from Attorney Wright's comments was the core
issue for the Town to exercise its right to provide electricity to its citizens, whether it was
provided i by the Town, or by another provider.
Attorney May referred to Florida Statutes Section 180.02, Powers of Municipalities -
Any municipality may extend and execute all of its corporate powers applicable for the
accomplishment of the purposes of this chapter outside of its corporate limits...provided,
however, !that said corporate powers shall not extend or apply within the corporate limits of
another municipality. He indicated that the Town needed to be in a position that when the
franchise agreement expires, there was an agreement with the City that there would be no
Town of Indian River Shores - City of Vero Beach - Indian River County
Electric Utilities Mediation
December 17, 2014
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discontinuance of service or gap. He pointed out that the City has the right to submit a proposal
in response to the RFP as a potential provider of electricity to the Town and its residents.
A discussion followed and the Town expressed its concern of tortious interference with
the contract by the City if the Town talks with other potential providers of electricity during the
six month cooling off period.
Ittorney Wright responded the City was good with the six month cooling off period and
agreed to no tortious interference if the Town chooses to conduct an RFP with other providers of
electricity; however, the City does not agree to the document, but would sign a separate waiver
of tortious interference claim.
Mediator Alvarez brought up the Town's proposal and suggested adding the wording, the
Town may conduct a RFP evaluation with the tortious interference clause inserted in Paragraph
2.
The mediator called for a recess at 2:19 p.m. and resumed at 2:31 p.m. with all parties
present.
Attorney May stated the Town team could not agree with the standstill agreement
structurelproposed by the City, but agreed to remove Paragraph 1 and add the language discussed
in Paragraph 2, and shorten the abatement to May 1, 2015, since the City would wrap up its rate
study sometime in March 2015. The concern was the delay and upcoming franchise agreement
expiration in the year 2016.
Attorney Wright stated the City does not agree to the Town's proposal, but would agree
to the tortious interference clause, and to shorten the standstill until Mayl, 2015.
Attorney May wanted clarification on what the City was proposing. Mediator Alvarez
replied there was an agreement to a cooling off period until May 1, 2015 and the Town
conducting a RFP with the City's participation.
Mediator Alvarez felt the abatement would be an opportunity to look at every option and
suggested the Town rewrite their proposal.
Attorney May was opposed to rewriting the Town's proposal because it captured what
the Town was looking for to resolve the dispute.
A discussion ensued on moving forward without an interim settlement, but talking with
other providers. Mediator Alvarez summarized that the parties agreed to a certain time period
for options review and agreed that the litigation would be held in abeyance, and continuing with
the mediation.
The mediator called for a recess at 2.53 p.m. and resumed at 2:59 p.m. with all parties
present.
Town of Indian River Shores - City of Vero Beach - Indian River County
Electric Utilities Mediation
December 17, 2014
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Attorney May wanted certainty, and proposed that the Town agree with the abeyance of
lawsuit for two months, until Monday, March 2, 2015. He asked the City to pursue all options to
reduce electric rates, and provide the Town with an outline of their efforts prior to March 2,
2015.
Attorney Wright stated the City agreed to no tortious interference and would sign a letter
to that effect.
Attorney May inquired whether the City could get the agreement in place by January 1,
2015. A discussion ensued regarding FMPA and due to the upcoming holiday season the parties
agreed to January 8, 2015.
A discussion ensued on the status update requested by the Town and it was determined
Attorney) Wright would get the update to the parties by February 18, 2015; the mediator would
call the impasse if no agreement was reached by March 2, 2015. Attorney May agreed to write
the draft Interim Mediation Agreement.
Mediator Alvarez asked if the County would delay their meeting with the PSC on
February 3, 2015, regarding its Petition for Declaratory Statement.
Attorney Reingold was not comfortable telling the Indian River County Board of
Commissioners there was a deferral of a month of their PSC Petition hearing. He was set to go
forward with the February 3, 2015 meeting.
Mr. Peter Gorry, a volunteer on the Finance Commission for the City of Vero Beach,
spoke on the City's contract in place with FPL until the end of the year 2016, and noted that rates
were set by PSC. He touched on dividends, ROI, the difference between rates and bills, and
bond ratings.
Mr. Charlie Wilson, President of the Vero Beach Chamber of Commerce, mentioned the
City had been promising its residents lower electric rates than FPL for the last 36 years for a cost
of $20 million a year, so the cost of litigation does not even come close to the funds spent on a
yearly basis. He mentioned the only means of solving the utility issue was either an agreement
from FMPA (of which he felt would never happen), so legislation and litigation have replaced
negotiations as the only two means of solving the electric utility issue.
Mr. Mark Mucher, City of Vero Beach resident, was concerned about the long-term risk
of the City being in the electric business. He referred to the Utility Authority and argued that
representation was a "feel good" thing, but would not make a difference in terms of the decisions
made or the rates paid.
Mediator Alvarez concluded that Attorney Wright would write a letter of Waivers and
Consents by the City and FPL, and asked Attorney May to draft an Interim Mediation Agreement
by Friday, December 19, 2014. He thanked all parties for handling this difficult situation in a
cooperative and collaborative fashion.
Town of Indian River Shores - City of Vero Beach - Indian River County
Electrid Utilities Mediation
December 17, 2014
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ADJOURNMENT
There being no further business, the meeting adjourned at 3:33 p.m.
Town of Indian River Shores - City of Vero Beach - Indian River County
Electric Utilities Mediation
December 17, 2014
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