COMMENTARY

“Spock also once said, ‘When you eliminate the impossible, whatever remains, however improbable, must be the truth.'”

MARK SCHUMANN

Circuit Court Judge Cynthia Cox’s recent decision in the Town of Indian River Shores’ case against Vero Beach will allow the Town to pursue one of four complaints in its lawsuit against the City. Judge Cox’s decision, however, is by no means an indication she believes the Town will prevail in its effort to prove Vero Electric’s rates are unreasonable, and thus a breach of contract.

Judge Cox dismissed three other counts in the Town’s lawsuit, all having to do with service territory rights. With apparently endless financial resources, Shores leaders are certainly free to appeal Judge Cox’s ruling.

Before taking their case to a court of appeals, Shores leaders will likely await the Florida Supreme Court’s decision in the Indian River County Commission’s appeal of a Florida Public Service Commission ruling. In that case, the PSC issued a decision paralleling Judge Cox’s affirmation of the Commission’s exclusive and superior authority to establish electric service territories. A decision by the Florida Supreme Court is expected in December.

Among them, the Shores, the County and Vero Beach have so far spent a little more than $1 million in taxpayer and ratepayer money pursuing and defending these two legal challenges. When will enough be enough?

Even if Shores leaders decide not to appeal Judge Cox’s ruling, but instead focus on litigating the one remaining count, they will still face a nearly insurmountable task. The Shore’s high-priced and supremely self-confident lawyers must prove the decisions which led to Vero Beach current contractual commitments were illogical, irresponsible, rising even to the level of malfeasance.

If any decisions of late have been illogical and irresponsible, they have been on the part of the Shores Town Council and the County Commission. Both governing bodies have needlessly dragged the community into an enormously expensive and devise legal conflict.

Where did the members of the Shores Town Council and the County Commission come across an extra-canonical eleventh commandment to “sue they neighbor,” and how did they conclude squandering the community’s financial resources on long-shot legal challenges is in anyone’s best interest?

The Star Trek character, Spock, would be beside himself over the illogical of it all. “May I say that I have not thoroughly enjoyed serving with humans? I find their illogic and foolish emotions a constant irritant,” Spock once said.

If the local press – the island weekly and the Press Journal – were half as critical of the Shores Town Council and the Indian River County Commission as they are of nearly every move made by the Vero Beach City Council, then Town residents and County residents would be up in arms over the squandering of their money. The one-sided reporting on this story is just another example of how the local print media is outfoxing FOX News, to now lead both FOX News and MSNBC in biased journalism.

The only way to understand the current madness – the lawsuits, the biased reporting, the proliferation of mean-spirited propaganda against the City, the opposition to a much improved wholesale power agreement with the Orlando Utilites Commission, and newly elected Councilman Harry Howl’s blustery promises to single-handedly dismantle the Florida Municipal Power Agency – the only way to make sense of all the apparent insanity is to realize that what once appeared to be a righteous cause has now devolved into fanaticism.

Howle can mimic Donald Trump all he wants, but the simple fact is that he, like Trump, will never be able to delivery on his promises.

Spock also once said, “When you eliminate the impossible, whatever remains, however improbable, must be the truth.”

Well, for contractual reasons, the sale of Vero Electric to FPL is at present impossible.

There are some who may continue to insist the only fair and reasonable electric rate would be one equal to or lower than FPL’s. If that were true, then it could be argued that every other utility in Florida is charging unreasonable rates, some of which have been approved by the PSC.

Vero Electric cannot match FPL’s rates. That is simply impossible. What remains is the truth, and the truth is that, as a result of the revised OUC contract, and with the closing of the power plant, Vero Electric’s rates will soon be within the statewide average.

What I wrote more than a year ago I continue to believe to be true. The members of the Shores Town Council and the Indian River County Commission, along with all other proponents of a sale of Vero Electric, have two choices. They can either continue to be a part of the problem by pushing for a sale that will never happen, or they can roll up their sleeves and work side by side with Vero Beach officials, who at present are making a heroic effort to lower electric rates.