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Board of County Commissioners Meeting Minutes - Final April 6, 2021 Under Board discussion, Commissioner Moss agreed with Mr. Bolton that the item should be tabled until Mr. Falls could speak before the Commission. She stated her opinion that the Board would be siding with the Town if they approved the item. Chairman Flescher disagreed and reminded Commissioner Moss that what was being presented was whether or not to allow County staff to cooperate with a feasibility study being conducted for the Town at the expense of the Town. Vice Chairman O'Bryan added his viewpoint that the County would be taking sides if they were to deny the cooperation of County staff to share information. For clarification purposes, Vice Chairman O'Bryan inquired and received confirmation from Attorney Reingold and County Administrator Jason Brown that the County had not previously been in litigation against the Town. Administrator Brown assured the Board that the County had not and would not engage in the reuse water rate dispute between the City and the Town, and he added that he did not feel the County would be taking sides. if the item was approved to allow staff to cooperate with the Town to explore options. Commissioner Eannan supported cooperation from County staff in assisting any of the municipalities within the County when needed. Commissioner Moss added that County staff time was a financial commitment, and if the request to allow staff to assist was approved by the Board, she was interested in knowing the number of hours that were spent on providing the requested feasibility study information. Chairman Flescher stated that the topic did not call for billable hours to be charted. Mr. Bolton again addressed the Board to discuss the 1989 Territorial Agreement between the County and the City. Mr. Foley revisited the podium to caution that the Town's outside counsel would be providing the County with a written analysis regarding anti-trust laws when two (2) parties exclude access of an essential facility to a third party. He reminded the Board that the topic being presented referred to cooperation with the Town in exploring their options, and he added that time was an issue as they were required to notify the City by October 2023, if they wished to terminate the franchise agreement. A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman Nay: 1 - Commissioner Moss 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS Indian River County Florida Page 11