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Board of County Commissioners <br />Meeting Minutes - Final February 18, 2020 <br />Attachments: Staff Report <br />Utility Design Agreement 405606-3-36-1 <br />Utility Design Agreement 405606-4-36-1 <br />Director of Utility Services Vincent Burke referred to the information contained <br />in his staff memorandum dated February 7, 2020, regarding the County Road <br />(C.R.) 510 Utility Design for drainage and roadway improvements. <br />A motion was made by Commissioner Solari, seconded by Vice Chairman <br />Flescher, to approve staffs recommendation. The motion carried by the <br />following vote: <br />Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner <br />O'Bryan, and Commissioner Solari <br />13. COUNTY ATTORNEY MATTERS <br />13.A. 20-1322 <br />Indian River County et al., v. United States Department of Transportation, et <br />al. <br />Recommended Action: The County Attorney's Office recommends that if the private citizens are able to <br />raise the $200,000 necessary to fund the filing of a petition for certiorari by the end <br />of February, then the Indian River County Board of County Commissioners enter <br />into an agreement with Mr. Shanmugam to handle the litigation before the United <br />State Supreme Court, at a cap of. $200,000 for the petition for certiorari, with the <br />private citizens funding the cost of seeking jurisdiction, and the Board funding the <br />remaining costs, not to exceed $400,000, for the costs of further briefing and <br />argument if jurisdiction is granted. <br />Attachments: Staff Report <br />Attorney Dylan Reingold recapped the County's federal litigation with the U.S. <br />Department of Transportation (USDOT), challenging their approval of the issuance <br />of bonds for the All Aboard Florida/Brightline/Virgin Train's project, and the <br />Board's decision not to seek any further review in the case. He announced that <br />there were some private citizens who have raised funds to hire Kannon K. <br />Shanmugam, with the Law Firm of Paul Weiss, to file a petition for review by the <br />United States Supreme Court and to handle the litigation. He pointed out that if <br />the Supreme Court decided to hear the case, Mr. Shanmugam would fully brief and <br />argue the case for approximately $400,000. <br />Each Commissioner spoke in support of proceeding with the filing of a petition for <br />certiorari and thanked the private citizens who offered to fund the cost of seeking <br />jurisdiction. <br />The Chairman opened the floor for public comments. <br />Indian River County Florida Page 12 <br />