Mayor Barefoot writes yet another “guest column” defending the Town’s position
COMMENTARY
“Though the Shores Town Council is taking its case to circuit court, it seems to want, instead, to litigate its claims in the court of public opinion.”
MARK SCHUMANN
Last week, Florida Public Service Commission staff released a report recommending the Commission deny Indian River County’s request for clarification of its asserted right to force Vero Beach to surrender its out-of-city electric customers when the franchise agreement between the City and the County expires in 2016.
In a lawsuit filed in circuit court, the Indian River Shores Town Council is making essentially the same claim as the County. Apparently hoping to control the public relations ground war, Shores Mayor Brian Barefoot submitted yet another guest column to the Press Journal. Barefoot’s column read as if it had been crafted by a public relations specialist. The Shores Mayor claimed the PSC’s decision will not affect plans to challenge Vero Beach in circuit court.
Barefoot wrote, “Our town’s position in its lawsuit neither affects, nor is affected by, the PSC’s jurisdiction over territorial agreements. In fact, the courts and the PSC have recognized that a municipality like our town can exercise its rights to provide electricity to its residents without running afoul of existing PSC-approved territorial agreements.”
Barefoot’s claim of jurisdictional sueriority may not square with Florida Statute 366.04(1), which reads, “The jurisdiction conferred upon the commission (Florida Public Service Commission) shall be exclusive and superior to that of all other boards, agencies, political subdivisions, municipalities, town, villages, or counties, and in case of conflict therewith, all lawful acts, orders, rules, and regulations of the commission shall in each instance prevail.”
Though Vero Beach’s electric rates are within the statewide average, Barefoot consistently asserts the City’s rates are “oppressive.” The Shores mayor also insists his Town Council is prepared to make its case in court. Some knowledgable observers have said the precedent-setting case could cost millions of dollars in legal fees and will take years to resolve.
It was at least the second guest column by Barefoot addressing the Shore’s decision to sue a neighboring city, which may suggest the Town has a growing public relations challenge. Though the Shores Town Council is taking its case to circuit court, it seems to want, instead, to litigate its claims in the court of public opinion.
Indian River Guardian 
Depending upon where you live can decide who is right! County residents are paying millions of dollars more to support our wonderful Vero neighbors. Of course I am feeling it and can’t wait for the contract to end. Public opinion is no longer an opinion when you ask the residents of the city what they think and the residents of the county how they feel! In either case it appears as if what you say is true, then the contract signed almost 30 years ago is bogus and the City has an iron grip over the county. If you are right then we don’t need lawyers, just a militia to enforce the “Royal Rule”. Isn’t that how the Tea Party started, I mean you know the one that wasn’t political?
Larry, You appear to buy Mayor Barefoot’s claim that the City’s rates are “oppressive.” Currently, Vero Beach’s rates are within the statewide averages for municipal and investor owned utilities. How the Mayor can define such rates as “oppressive” is beyond me. You have to wonder if some public relations specialists aren’t advising him to use that term.
I agree it depends on which side of the city line you sit on. I don’t think IRSTC can force COVB to give up their infrastructure, but I think some relief and balance could be brought about by the city.
My idea would be a slow and gradual increase of the city’s taxes which are offset by the reduction to the electric rate until the utility is no longer subsidizing COVB. Depending on the impact on taxes this could be over 3-10 years. I think the extremist’s would like a cold turkey drop in electric and rising of the cities taxes, but that is just not going to fly.
Just a thought.
The area north of the City limits on A1A and others could not have been developed if it wasn’t for the City Electric. Vero Beach was asked to supply electric when NO ONE ELSE COULD. And there are other muncipal electric companies that have higher rates. How is one ENTITLED to low rates?