Vero Beach moving ahead with plans for new sewage plant in face of legal challenges

VERO BEACH — The City Council will stick to its guns, not letting either Indian River Shores or Indian River County stand in the way of a new $51 million wastewater-treatment plant at the airport.

At least that's what the council said Tuesday.

The council unanimously told City Manager Monte Falls to move forward to create a financing plan for the project and conduct a rate study to establish a single rate structure for all utility customers. 

This in the face of a federal antitrust lawsuit filed by Indian River Shores and ongoing talks with the county about who can provide water and sewer services to which customers.

Vero Beach currently provides those services to its own residents, to Indian River Shores and to residents on the southern part of the barrier island.  

Vero Beach has about two years to lock in its customer base and begin construction of the new plant, which would move the wastewater-treatment plant off the Indian River Lagoon.

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Vero Beach wants the county to recognize the current service territory as permanent, and voted Tuesday not to cede control over rates simply to get the county to agree.

The agreement between Vero Beach and Indian River Shores expires in 2027. Indian River Shores must give Vero Beach four years notice if it wants out.

For its part, Indian River Shores wants to shop around for more favorable rates but is hindered by a 30-year-old agreement Shores officials claim violates federal antitrust law. Their lawsuit asks a judge to decide if the agreement should be set aside.

Indian River Shores Mayor Brian Foley said he believes having the federal judge settle the dispute is the only solution. The lawsuit, filed Aug. 26, was put on hold to allow time for the city and Indian River Shores to work out their differences.

“(Vero Beach) is not backing down,” said Foley. “They’ve made their position quite clear. In our council’s view, we have made some progress in that we know what questions need to be resolved, and we’re going to let a judge do that.”

Vero Beach is also involved in the conflict resolution process with Indian River County, hoping the county will reaffirm the more-than-30-year territory agreement that outlines the water and sewer boundaries.

Determining its customer base is essential, city officials say, so it can determine the size of the plant, its design and cost.

Janet Begley is a local freelance writer. If you like articles like this and other TCPalm coverage of Treasure Coast news, please support our journalism and subscribe now.