By Gretchen Sauerman

Staff writer

sauerman@hometownnewsol.com

A judge has ordered Melbourne and West Melbourne to continue negotiations before the cities go to court over an ongoing water dispute.

Last month, West Melbourne filed a 26-page complaint in court, asking a judge to intervene in the cities' dispute over water service to properties expected to be annexed in the future.

On Aug. 1, Circuit Court Judge George Turner sent an order to the two cities, directing both staffs to continue negotiations, said Melbourne city attorney Paul Gougelman.

"The entire lawsuit is being placed on the back burner," said Mr. Gougelman.

Further evidence that communication between the cities is strained: the cities haven't even agreed that West Melbourne is following the proper procedure to initiate a lawsuit.

"If you read the (state) statute, the first step is (for the City Council) to pass a resolution that initiates the process," said Mr. Gougelman. "I'm a little confused as to why they (filed in court prior to passing a resolution)."

West Melbourne city attorney Jim Wilson disagreed, saying the judge won't rule on a lawsuit "until all procedural options (spelled out in Chapter 164 Florida Statutes) are exhausted," but that the resolution and negotiations don't have to take place before the lawsuit is filed.

The resolution will be on the next City Council agenda, he said. Because of the summer break, West Melbourne council members have not had a regular meeting since early July.

Mr. Gougelman warned that any plans for West Melbourne to seek another water source would result in higher costs to residents.

"What is the goal here?" he said. "Is the goal disengagement (from Melbourne) or to (maintain the lowest) the water rates for individual customers?"

Earlier this summer, the Melbourne City Council heard from hired consultant Gerald Hartman, who said West Melbourne residents would pay higher rates if they got their water from Palm Bay or from a newly constructed water plant in West Melbourne.

Mr. Wilson argued that Melbourne already plans to increase rates for West Melbourne residents, and more hikes might be planned.

"They have already announced an increase to their rates effective Oct. 1," he said. "In addition to that increase, Melbourne has publicly stated that they 'subsidize' the West Melbourne rates."

No such subsidy exists, said Mr. Wilson, because West Melbourne pays the same rate per thousand gallons as Melbourne customers.

"The misrepresentation that West Melbourne is subsidized is one of the issues that led to this lawsuit," he said. "The only question is how much Melbourne intends to increase rates to West Melbourne."

As part of the state-mandated conflict resolution process, staff members from both cities must meet to try to resolve the issue - something that has already been happening monthly for the past two years.

If no resolution is achieved, a joint meeting of both city councils will be next. The two councils met on July 25, 2007 in a similar attempt to resolve the dispute.