MARK SCHUMANN

The Vero Beach City Council Tuesday evening moved a step closer to banning the use of electronic cigarettes in places where it is already illegal to smoke conventional cigarettes.

Acting on an earlier call from Councilwoman Amelia Graves to address the rising use of electronic cigarettes, the Council gave unanimous approval to an ordinance prohibiting the use of so-called e-cigarettes in public places, such a restaurants, offices open to the public, pubic building and theaters. The ordinance will come before the Council again Feb. 3 for final consideration.

The one exemption allowed in the ordinance would be for stores where e-cigarettes are sold. Sellers of e-cigarettes contend they cannot sell their product unless customers can try the product in their stores.

Like traditional cigarettes, e-cigarettes are only legal to sell to customers 18 years and older. Dr. Barry Hummel of the Tobacco Prevention Network of Florida told the Council e-cigarettes are designed to simulate conventional cigarettes. Hummel said use of e-cigarettes by high school students in Florida has risen 348 percent in the last three years.

In other action, the Council approved reducing the speed limit on 14^th Avenue in downtown Vero Beach from 30 miles per hour to 25 miles per hour. In brining the proposal forward, City Manager Jim O’Connor explained downtown businesses have raised concerns about pedestrian safety. The reduced speed limit for 14th Avenue was approved by the Council 4-1, with Pilar Turner dissenting.

Special counsel Schef Wright reported to the Council that the lawsuit initiated by the Town of Indian River Shores remains in abeyance through March 2. “Realistically, we will probably wind up on March 2 at impasse and be back in litigation,’ Wright said.

Wright also said he is working to set up a meeting with representatives of Florida Power & Light and the Orlando Utilities Corporation to explore possibilities for completing the proposed sale of Vero Electric to FPL. The OUC had been a key player in the deal, but last summer backed out of its offer to assume Vero Beach’s position in three FMPA power purchase agreements and project support contracts.

Wright said the Florida Public Service Commission is scheduled to take up the Indian River County Commission’s petition at its meeting in Tallahassee Feb. 3. Separate from the County’s petition, the City on Dec. 19, through Wright, filed with the PSC its own request for clarification of its rights and responsibilities to serve its out-of-city customers beyond the expiration of the franchise agreement between the City and the County in 2017.

Wright reported the County submitted a response to the City’s petition. “It is our strong opinion that the County’s response opposing our petition for a declaratory statement was meritless,” Wright said.

According to Wright, the City is continuing to work to lower rates, including having contracted with two consulting firms to conduct a rate study and a system optimization study. Wright said he is also continuing to negotiate with representatives of the OUC to lower the City’s cost of wholesale power.

At Wright’s recommendation, the Council hired John W. Frost, a trail attorney to represent the Vero Beach if and when the Shores lawsuit goes to court. Frost appeared before the Council Tuesday. O’Connor said Frost is “well equipped” to handled the City’s case. “He understands both sides of the municipal issues, and maybe we were lacking that the last time in the attorneys involved in this exercise. I really believe we can get the right outcome,” O’Connor said.

Councilwoman Pilar Turner seemed to agree. “I think we are very fortunate to have someone of your caliber representing the City,” she said.