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Board of County Commissioners November 12, 2014 Page Two On May 6, 2014, the Board authorized the County Attorney's Office to obtain the assistance of outside counsel with respect to the DEIS. At the time, the Board authorized $100,000 from the general fund to be used in this effort. The review of the DEIS and the drafting of the presented comments took a significant amount of time and thus the County Attorney's Office is requesting that the Board authorize a budget amendment of roughly $40,000 to offset the additional fees and costs incurred in reviewing the DEIS and preparing comments to the DEIS. Future Actions On October 7, 2014, the Board approved a resolution opposing the proposed All Aboard Florida passenger rail project. On October 21, 2014, the Board requested the County Attorney's Office to present options for future actions to stop the proposed All Aboard Florida passenger rail project and the estimated costs of such actions. The County Attorney's Office has consulted with our outside counsel on this issue. The first option is to perform a careful examination of the Board's legal rights and responsibilities with respect to the proposed All Aboard Florida passenger rail project. The County Attorney's Office and outside counsel and our consultants have been primarily focused on addressing the proposed All Aboard Florida passenger rail project through the National Environmental Policy Act process. However there are other issues that have been identified, including but not limited to the validity of the crossing agreements and the Board's position with respect to granting All Aboard Florida — Operations, LLC third party beneficiary rights under the existing crossing agreements. Some of these issues touch on legal issues of state law as opposed to federal law. Thus, the County Attorney's Office recommends that the Board hire outside counsel specializing in Florida law. Once those issues have been thoroughly explored and vetted, the Board will be in a better position to understand its rights and options going forward. The County Attorney's Office would recommend that the Board authorize $25,000 for such legal counsel. One other option available to the Board would be to consider filing a federal lawsuit to stop Phase I of the proposed All Aboard Florida passenger rail project. Phase I is the Miami to West Palm Beach segment. Before proceeding with this option, a number of issues would have to be considered (such as the statute of limitations, standing and the viability of a claim based upon the failure of the Federal Railroad Administration to assess the cumulative impacts of all phases of the proposed All Aboard Florida passenger rail project, among other things). Such federal litigation could cost Indian River County between $500,000 and $1,000,000. FUNDING The funding for additional roughly $40,000 in fees and costs incurred in reviewing the DEIS and preparing these comments will come from the general fund. The funding for approximately $25,000 for outside counsel specializing in Florida law to study and examine the additional state law issues would also come from the general fund. RECOMMENDATION The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote to accept the proposed comments for submittal to the Federal Railroad Administration. The County Attorney's Office further recommends that the Board authorize a budget amendment to offset the additional costs of the review and comment on the DEIS. Finally, the County 4" Attorney's Office recommends that the Board authorize the County Attorney's Office to hire outside counsel specializing in Florida law to study and examine the additional options available to the Board. F. Uuo yV-i0CENFXALW C CIAA<udu Af-- All A —d Fl—id, D h FIX C,-- a,a Futum A,-- 4- 301