HomeMy WebLinkAbout2014-074RESOLUTION NO. 2014- 074
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, SUPPORTING FLORIDA STATE SENATOR
THAD ALTMAN'S REQUEST FOR A FLORIDA
ATTORNEY GENERAL OPINION CONCERNING
CERTAIN PROVISIONS OF THE LEASE AGREEMENT
BETWEEN THE ORLANDO -ORANGE COUNTY
EXPRESSWAY AUTHORITY (NOW KNOWN AS THE
CENTRAL FLORIDA EXPRESSWAY AUTHORITY) AND
ALL ABOARD FLORIDA — OPERATIONS, LLC.
WHEREAS, All Aboard Florida — Operations, LLC ("All Aboard Florida") is proposing
to provide passenger rail service between Miami and Orlando that will run through populated
areas of Indian River County, including Vero Beach, Sebastian, and the communities of Gifford,
Roseland, Wabasso and Winter Beach; and
WHEREAS, All Aboard Florida has no proposed stops between West Palm Beach and
the Orlando International Airport; and
WHEREAS, All Aboard Florida has entered into a lease agreement with the Orlando -
Orange County Expressway Authority, now known as the Central Florida Expressway Authority,
(the "Authority") in which All Aboard Florida has agreed that any additional stops would
require, among other things, an increase in rental payment to the Authority and an opinion from
the Authority's bond counsel that the additional stops will not jeopardize the Authority's bonds;
and
WHEREAS, the Authority is controlled by a nine member board consisting of the Mayor
of Orange County, the Mayor of Orlando, an Orange County commissioner appointed by the
Mayor of Orange County, an Osceola County commissioner appointed by the chair of the
Osceola County Commission, a Seminole County commissioner appointed by the chair of the
Seminole County Commission, a Lake County commissioner appointed by the chair of the Lake
County Commission, and three members appointed by the Governor; and
WHEREAS, the Indian River County Board of County Commissioners is extremely
concerned that the Authority, run by elected officials from central Florida and unelected
individuals appointed by the Governor, will dictate how passenger rail service is proposed to be
provided in Indian River County and the Treasure Coast; and
WHEREAS, Florida State Senator Thad Altman has requested Florida Attorney General
Pam Bondi to issue an opinion as to whether certain language concerning the addition of new
stops in the lease agreement between the Authority and All Aboard Florida imposes an illegal
special tax on the residents of Brevard County and Indian River County; and
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RESOLUTION NO. 2014- 074
WHEREAS, the Indian River County Board of County Commissioners is supportive of
the request made by Florida State Senator Thad Altman to Florida Attorney General Pam Bondi;
and
WHEREAS, the Indian River County Board of County Commissioners is opposed to any
efforts by the State of Florida, including any other agencies and entities of the State of Florida, to
dictate and impose a passenger rail system on the citizens of Indian River County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted
as findings of the Board.
Section 2. The Board of County Commissioners of Indian River County supports Florida
State Senator Thad Altman's request for an Attorney General Opinion concerning the provisions
of the lease agreement between the Authority and All Aboard Florida concerning the addition of
new stops in the lease agreement between the Authority and All Aboard Florida imposes a
special tax on the residents of Brevard County and Indian River County.
Section 3. The Board of County Commissioners of Indian River County opposes any
attempts by the State of Florida and its governmental agencies and entities to dictate and impose
a passenger rail system on the citizens of Indian River County.
Section 4. A certified copy of this resolution shall be provided to the Governor Rick
Scott, Florida Attorney General Pam Bondi, Florida State Senators Thad Altman and Joe
Negron, and Florida State Representative Debbie Mayfield.
The foregoing resolution was moved for adoption by Commissioner (; o 1 a r i , and
seconded by Commissioner F 1 e s c h e r , and, upon being put to a vote, the vote was as
follows:
Chairman Peter D. O'Bryan Ave
Vice Chairman Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Bob Solari Ave
Commissioner Tim Zorc Aye
The Chairman thereupon declared the resolution duly passed and adopted this 16 day
of September, 2014.
ATTEST: Jeffrey R. S ith, Clerk Cou••�ygs10 $OARD OF COUNTY COMMISSIONERS OF
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�a•��•""""•�` a-�IVEIRI COUNTY, FILORIDA
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By: By!
Deputy Clerk t� o eter D. O'Bryan, Chairman ?
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RESOLUTION NO. 2014- 074
BCC approval date: September 2014
Approved as to form and legal sufficiency:
Dylan Reingold, County Attorney
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