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Board of County Commissioners <br />Meeting Minutes - Final January 14, 2020 <br />Commissioner Zorc stated his interest in continuing the fight by filing a petition for <br />further review. Vice Chairman Flescher offered his opinion that the County's fight <br />had assisted in delaying the presence of the train. <br />Chairman Adams opened the floor for public comment. <br />Jack Preschlack, 101 Oyster Cut, suggested tabling the item for one (1) week to <br />give him time to circulate recently received information. Commissioner Solari <br />requested and received clarification that Mr. Preschlack could provide the <br />information to the County Attorney today. Following a request for additional <br />information by Chairman Adams, Mr. Preschlack informed the Board that the <br />important information, an opinion related to the recent appeal denial, came from an <br />acquaintance of his who was a former Circuit Court Judge. <br />Peter Seed, Indian River Shores, spoke on behalf of the Indian River Neighborhood <br />Association, urging the Board not to abandon the USDOT lawsuit. He stated that <br />he and Mr. Preschlack had requested the opinion of former Judge J. Michael Luttig <br />of the United States Court of Appeals for the Fourth District. After reading Judge <br />Luttig's opinion that the County had a great case, Mr. Seed begged the Commission <br />to carry on by filing a petition for a panel rehearing. <br />Detailed discussion followed among members of the Board and Mr. Seed regarding <br />Judge Luttig's opinion and the potential assistance that he could bring to the table. <br />County Administrator Jason Brown reminded the Board that the County's lawsuit <br />against the State of Florida and the focus on safety would continue. <br />Mr. Preschlack again addressed the Board to request that the item be tabled until <br />January 21, 2020. <br />Marjorie P. Jackson thanked the Board and County staff for their work, and she <br />supported the County's mission for railway safety. <br />Joseph Paladin, representing the Indian River Neighborhood Association, spoke in <br />favor of moving forward with the USDOT lawsuit. <br />Wilfred Hart, 617 19th Place SW, who was not supportive of continuing with the <br />USDOT lawsuit, stated his support of railway safety. <br />Russell Herrmann, representing the Friends of St. Sebastian River, urged the Board <br />to continue with the USDOT lawsuit. <br />Commissioner Zorc inquired and received confirmation from Attorney Reingold <br />that the deadline was February 3, 2020 for filing a petition with the D.C. Circuit <br />Court of Appeals for a panel rehearing en banc. Commissioner Zorc supported <br />filing the petition. <br />Indian River County Florida <br />Page 7 <br />