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Board of County Commissioners Meeting Minutes - Final December 11, 2018 A discussion ensued with Chairman Solari requesting that the eighteen (18) "Whereas" clauses in the:proposed ordinance. be included in the:motion and Commissioner Zorc suggesting that the County communicate. with and ask for cooperation from Osceola County in regards to the Biosolids: moratorium. A motion was made by Commissioner Flescher, seconded by.Commissioner O'Bryan; to 1) extend the existing moratorium and bring it back to the Board Meeting on January 8,2019; 2) include the eighteen (18) "Whereas" clauses_ contained in.:the proposed ordinance; 3) have as an option of seeking the. emergency order, but hold for now; 4) request that the City.of Fellsmere. and the Department of Environmental Protection extend their moratoriums on biosolids; and .Coordinate -with Osceola County. The motion carried:by the following vote: Aye: 5 - Chairman Solari; Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 13. COUNTY ATTORNEY MATTERS 13.A. 18-2572 Brightline Construction and Maintenance Cost Litigation Recommended Action: The: County Attorney's Office recommends that the Indian River County Board of County Commissioners vote to'authorize the County Attorney to execute the retaineragreementand authorize the County Attorney's Office to file*a:complaint for declaratory judgement. and other relief concerning the ability of FECR to pass along costs of Brightline onto Indian River County.: Attachments: Staff -Repo Retainer Agreement -.Murphy-Walker County Attorney Dylan Reingold reviewed the information contained in.his memorandum called _the Brightline Construction and Maintenance. Cost Litigation, stating :that the County had reached out to Murphy & Walker, P.L. concerning the issue of the costs that: Brightline expects the. County to bear relating to its high speed train. He explained that. the Florida East Coast Railway (FECR) had requested: amendments to their Crossing Agreements with the County which would allow FECR to pass along the costs of Brightline. Attorney.Reingold:stated that Attorney.Chris Walker with Murphy &:Walker, P.L. felt the appropriate step would be to. file a complaint for declaratory relief asking '.. the court to declare that the crossing agreements do not: require the County to reimburse capital expenditures or maintenance costs incurred as a result of high speed rail service. A motion was made by Commissioner O'Bryan, seconded by Commissioner Adams, to approve staffs recommendation. The motion carried by the following vote: Indian River County Florida Page 11