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Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />County Attorney's Matters - B.C.C. 11.18.1.1 <br />Office of <br />INDIAN RIVER COUNTY <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: Dylan Reingold, County Attorney <br />DATE: November 6, 2014 <br />SUBJECT: City of Vero Beach Electric Utility Update <br />BACKGROUND. <br />ATTORNEY <br />This memorandum is provided as an update on the City of Vero Beach electric utility issue. As you are <br />aware, Indian River County (the "County") is involved in two legal proceedings concerning the City of <br />„t„ Vero Beach electric utility. <br />First, the County filed a Petition for a Declaratory Statement (the "Petition") from the Florida Public <br />Service Commission. It is the County's position in the Petition, that without the franchise, the City of <br />Vero Beach will no longer have the legal authority to occupy or utilize the rights-of-way within the <br />unincorporated areas of the County once the franchise expires. The overarching issue in the Petition is <br />that the Board of County Commissioners ("Board") needs to be able to properly plan and prepare for a <br />successor electric service provider to serve the unincorporated areas currently being served by the City of <br />Vero Beach. The hearing on the Petition before the Public Service Commission is scheduled for Tuesday, <br />November 25th, at 9:30 am. Floyd Self, our outside counsel, and I will attend the Public Service <br />Commission hearing in Tallahassee. The agenda and staff report for this hearing were not available when <br />this memorandum was prepared, but will be provided to the Board prior to and explained at the November <br />18, 2014 Board meeting. <br />Additionally, the County is involved with the Town of Indian River Shores and the City of Vero Beach in <br />the Florida Governmental Conflict Resolution process as set forth in Chapter 164 of the Florida Statutes. <br />At the joint public meeting held on October 28, 2014, all of the parties agreed to move forward with <br />mediation. The parties have tentatively scheduled December 17, 2014 as the date for the mediation. The <br />parties have also tentatively agreed to choose Carlos Alvarez as the mediator. <br />Approved for November 18, 2014 BCC Meeting <br />County Attorney's Matters <br />'COUNTY ATTORNEY <br />Indian River Co. Approved Date <br />Admin. I/ 13 14 <br />Co. A l <br />Budget 6 <br />Department <br />-- <br />Risk Management --- --- <br />F. IArrom yb dd,GENERALlB CC Agnd-kf—, ElrcMc UrHiry 6pd...d- 283 <br />