VERO BEACH — In anticipation that the City of Vero Beach will need to defend itself in Circuit Court against a lawsuit filed by the Town of Indian River Shores, the City will be advertising for a trial attorney.
“An RFP (request for proposals) for a litigator will be on the streets next week,” said City Manager Jim O’Connor during Tuesday’s Council meeting.
The lawsuit has been placed in abatement while a state-mandated conflict resolution runs its course. Vero currently has an in-house general government counsel, a team of transactional attorneys, a utility attorney and an elections expert, but apparently none of those attorneys are experts in civil trial law.
Vero and the Shores are set to meet on Dec. 17 with mediator Carlos Alvarez in a last-ditch effort to avoid going to court.
Indian River County has not joined the lawsuit, but County representatives have taken part in the three previous conflict resolution meetings. The County has opted to take some of its questions to the venue of the Florida Public Service Commission.
Last week the County pulled its petition, with the intent to pare it down and re-submit this week.
The City’s lead utility attorney, Robert Scheffel “Schef” Wright explained that the mediation would be conducted totally in public. Though City Attorney Wayne Coment raised some concerns about having no opportunity for private negotiations, Wright said, “I am perfectly happy for all of this to be completely in the sunshine because we don’t have anything to hide.”
The Shores Town Council has given its legal team a goal of the end of 2014 for winding up the conflict resolution process and, if necessary, moving forward with the lawsuit.
Since the Shores is seeking Florida Power and Light rates and other relief that Vero has not shown that they can achieve, Shores officials have not expressed much optimism about striking a deal that would settle the lawsuit. Attorneys have said that the matter would most likely be decided by a jury.
Vero’s legal fees are being paid out of the electric utility enterprise fund, so all 34,000 utility customers, including those 61 percent of customers in the Shores and in the unincorporated County are paying for the city’s defense.
