VERO BEACH — The mediation meeting between the Town of Indian River Shores and the City of Vero Beach over the City’s electric service to the Town has concluded for the day with a tentative agreement.
Just after 3 p.m. the parties tentatively agreed to a period ending Monday March 2 during which the Shores lawsuit would remain on hold and Vero would agree not to sue the Shores for torturous interference for talking to alternate providers of electricity, including Florida Power and Light.
Mediator Carlos Alvarez called this time an “options review period” and said mediation would extend through those months until and unless an impasse was declared by him, the mediator.
When asked if FPL would make a proposal to the Shores for service after November 2016, FPL External Affairs Director Amy Brunjes, during a break, told VeroNews.com.
“I don’t think there is a yes or no answer right now, because we have a contract (for the purchase of Vero electric) in place. All parties would have to agree to that,” referring to allowing the Shores to explore its options.
During public comment, former Vero councilman Charlie Wilson reminded the officials assembled that they would not be permitted to have “shade meetings” while still in formal mediation under the state-mandated conflict-resolution process.
Shores attorney Bruce May volunteered to draft the interim agreement, with copies to be circulated probably by Friday.
The meeting adjourned at 3:33 p.m.
The Vero Beach City Council meets at 5 p.m in special call session to discuss developments, and the Indian River Shores Town Council is scheduled to meet at 9 a.m. Thursday.
Dec. 17, 1:20 p.m.
VERO BEACH — In the morning session of formal mediation proceedings in the Town of Indian River Shores versus City of Vero Beach electric utility lawsuit, the Town’s delegation has proposed a deal to settle the dispute.
The parties are meeting at the Vero Beach Community Center.
The Town would keep its lawsuit on hold for another five months, during which time Town officials would examine their options for providing electric service to its residents after the 30-year franchise agreement with Vero expires in November 2016.
During that time, the Town would advertise for proposals for providers of electric service. Attorney Bruce May said the Town would encourage Vero Beach to submit a proposal.
Should the Town choose a provider other than Vero going forward, it would then attempt to negotiate a price and other terms for purchasing city-owned utility assets and interests located inside the Town. If the parties reach such agreement by June 1, the lawsuit would be dropped.
Should the Town choose the proposal put forth by Vero, the parties would then negotiate terms for the next franchise period. If agreement is reached on those terms by June 1, the lawsuit would be dropped.
Or, if by June 1, Vero and the Town reach some other amicable terms, the lawsuit would also be dismissed.
During the lunch break, Indian River County Attorney Dylan Reingold said the County would be in favor of the Shores’ proposal if the County were included.
“We would not support it;” said Schef Wright, counsel for the City of Vero Beach, “But we will fulfill our ethical obligation to take it to the (Vero) City Council.”
Mediation took another break shortly before 2 p.m. when Wright asked for a sidebar to confer with Vero Beach City Manager Jim O’Connor outside the building.
“Folks, all I’m going to tell you is Mr. O’Connor and I have varying opinions on this,” Wright said.
Wright later said he could agree to a 6-month standing still or cooling off period. He said, though, that Vero could not agree to the Shores’ proposal, but that “the Town is free to do anything it wants to do during that time.”
Wright also said the County and Shores officials are welcome to be present as Vero continues to try to renegotiate its wholesale power deal with Orlando Utilities Commission.
County Commissioner Peter O’Bryan clarified that the County could also put forth and electric provider.
Shores’ lead attorney Bruce May reiterated that the Shores needs to prepare to provide electricity to its own residents in November 2016.
