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Board of County Commissioners <br />Meeting Minutes - Final January 14, 2020 <br />Commissioner O'Bryan expressed his opinion that the County has been <br />overpaying for land, specifically for vacant land located outside the urban <br />service area. He questioned Director Szpyrka as to whether the cost of the <br />County -owned property being used as part of a settlement in a right-of-way <br />acquisition was included in the documented costs. Director Szpyrka explained <br />that the dollar amount related to the transactions had been included; however, it <br />was not listed separately on the 66th Avenue Right -of -Way Purchases <br />spreadsheet. <br />Commissioner Solari was in favor of adding a column to the spreadsheet that <br />would state the appraised value of land being acquired for the project. <br />A motion was made by Commissioner Solari, seconded by Vice Chairman <br />Flescher, to approve staffs recommendation, with an additional column on the <br />66th Avenue Right -of -Way Purchases spreadsheet to provide the appraised value <br />of acquired land. The motion carried by the following vote: <br />Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner <br />O'Bryan, and Commissioner Solari <br />G. Utilities Services <br />13. COUNTY ATTORNEY MATTERS <br />13.A. 19-1200 Indian River County et al., v. United States Department of Transportation, et al. <br />Recommended Action: The County Attorney's Office recommends that Indian River County Board of <br />County Commissioners not file a petition for further review. <br />Attachments: Staff Report <br />In following staffs memorandum dated December 31, 2019, County Attorney <br />Dylan Reingold provided the history of the County's challenges related to the U.S. <br />Department of Transportation (USDOT) and Virgin Trains USA, formerly known as <br />Brightline. In light of a recent denial to an appeal filed with the D.C. Circuit Court <br />of Appeals, Attorney Reingold discussed in detail the three (3) options for seeking <br />further review, if the Board voted to do so. He expressed his disappointment with <br />regard to the denial, and suggested that the Board follow the recommendation of <br />their outside counsel not to file a petition for further review. He suggested that the <br />County remain focused on safety, including the continued support of Senator <br />Debbie Mayfield's bill, SB 676, which solely pertains to high-speed passenger rail <br />safety, and on the cost of improvements and related maintenance to the railway <br />intersections. <br />Although disappointed and open to further discussion, Commissioner Solari spoke <br />in favor of following staffs recommendation not to file a petition for further review. <br />Indian River County Florida <br />Page 6 <br />