INDIAN RIVER SHORES — After meeting for a little more than two hours and taking several breaks to caucus with their respective attorneys, representatives from the Town of Indian River Shores and the City of Vero Beach have not resolved their differences.
At a Town Council meeting following Friday morning’s mediation session, the Indian River Shores Town Council affirmed terms agreed upon by the parties, voting unanimously to activate the Circuit Court lawsuit against Vero on or about May 16 and to give Vero’s attorneys an extra 30 days for a total of 50 days to file their first answer and set of motions to the court.
But as of this morning when the mediation ended, the Shores’ attorney Bruce May reminded council members, they are in litigation with Vero. May warned them during the Friday afternoon council meeting to “be careful what you say.”
When a government entity is faced with pending or active litigation, Florida’s government in the sunshine laws provide an exemption for what’s called a “shade meeting” of the elected officials as a group, in private with their attorney. A court reporter takes a transcript of the meeting, with that record being sealed while the litigation is active. The Shores has scheduled such a shade meeting at 7:30 a.m. May 21 prior to a 9 a.m. Town Council meeting.
Vero’s attorney Robert Scheffel “Schef” Wright said during mediation that the extra 30-day accommodation was reasonable, and would give him until roughly July 4 to respond to the lawsuit. He had indicated that it would be a stretch to negotiate with FPL and respond to the lawsuit simultaneously.
During that extra time, Amy Brunjes of Florida Power and Light promised that FPL could come up with an offer to purchase the Shores’ portion of Vero’s system in a three-week time period. Vero’s attorney agreed that the city would consider whatever offer might come in, sending it through the appropriate channels of the city’s consultants, top managers, the Finance Commission, Utilities Commission and the City Council.
Indian River County’s negotiating team, Commissioner Peter O’Bryan said the county still believes that “the only equitable solution” is a full and complete sale of the Vero electric system to FPL.
During the mediation session, the parties gave their version of developments since the last mediation session. Vero described its efforts to renegotiate a bulk power agreement with the Orlando Utilities Commission to reduce rates, and also said that consultant studies on the city’s rate structure and possible operating efficiencies is still months away from completion.
May, the Shores’ attorney, said that if Vero manages to come up with a solution or solutions that might persuade the Town to back off on the lawsuit, or should Vero reach an agreement with FPL to purchase the Shores’ portion of the system, all Vero would need to do is “pick up the phone” and the Shores could at any time decide that litigation against the city was not necessary.
The Vero Beach City Council meets at 9:30 a.m. Tuesday. Vero has hired renowned litigator John W. Frost II of Bartow to handle the case, which could end up a jury trial if not settled along the way.
