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9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES <br />9:41 A. Indian River County Supervisor of Elections Leslie R. Swan <br />a.m. Canvassing Board Member Appointment for the 2016 Election Cycle <br />((memorandum dated November 2, 2015) <br />10. <br />101 <br />Gary Gordon, Information Technology (IT) Manager, Supervisor of <br />Elections Office, asked the Board to elect a Canvassing Board member and <br />an alternate for the upcoming elections. Thereafter, he provided the <br />Board with election facts. <br />ON MOTION by Commissioner Davis, SECONDED by Chairman Solari, <br />the Board unanimously appointed Vice Chairman Flescher as the Primary <br />and Commissioner O'Bryan as the Alternate members to serve on the <br />Canvassing Board for 2016. <br />PUBLIC ITEMS <br />A. PUBLIC HEARINGS <br />None <br />B. PUBLIC DISCUSSION ITEMS <br />9:43 (As a general rule, public discussion items should be limited to matters on <br />a.m. which the commission may take action.) <br />1. Request to Speak from Nick Schaus Regarding All Aboard Florida <br />102 <br />Nick Schaus, Sable Oak Drive, Indian River Shores, provided <br />background regarding All Aboard Florida (AAF), and urged <br />the Commissioners to continue their work to stop the train. He <br />informed the Board that George Bryant had submitted a <br />proposal to the Legal Office to utilize County Zoning and Land <br />Use Regulations to stop AAF. He said the AAF passenger train <br />meets the definition of a material expansion of a non- <br />conforming use, and if the County enforces local zoning laws, <br />the Courts would most likely support such enforcement, which <br />would stop AAF, but not the freight trains. He predicted this <br />would deny AAF the right to use the tracks for passenger rail; <br />and he urged the Board to move forward with legal action. <br />ON MOTION by Commissioner Davis, SECONDED by <br />Commissioner Zorc, the Board unanimously directed Legal <br />staff to coordinate with Community Development staff to <br />determine if there would be a non -conforming use by going <br />from freight rail to passenger rail, and determine if it would be <br />an expansion. <br />Board of County Commission Minutes Page 6 <br />November 17, 2015 <br />