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Chairman Flescher said it is going to take time for the rates to be established and this court case is <br />going to take time. He said the County cannot get involved in the discussion of the TA because <br />they have to wait for the court case to be resolved. <br />Vice Mayor Neville asked does the County have the capacity to serve IRS. <br />Chairman Flescher said they are not interested in getting into the water business. He said the <br />question of if they have the capacity is inappropriate because it is irrelevant to the discussion. <br />Mayor Brackett asked in an effort to continue the conversation, would the County Attorney allow <br />them to speak to each other (Mayor Brackett and Chairman Flescher). <br />Chairman Flescher felt that they should be able to speak with each other. He said the challenge is <br />that they need to bring the information back to the table. <br />Mr. Dylan Reingold, Indian River County Attorney, said this is designed to be a joint public <br />meeting and he has always taken the position that this is to be a Sunshine Law style and he has <br />concerns of violating the intent of the Statute. <br />Mr. John Turner, City Attorney, said there is nothing in the Statute as to Chapter 164 that prohibits <br />discussion between the perspective Governing bodies in individual meetings. The Sunshine Law <br />does not apply. <br />Mr. Tom Cloud, City's Outside Attorney, said a City Councilmember meeting with a County <br />Commissioner is not a violation of the Sunshine Law and he doesn't think it was a violation of <br />Chapter 164. <br />Mr. Reingold said if -the Chapter 164 proceeding was to stop or put in abeyance then the dialogue <br />could continue. <br />Chairman Flescher asked is there a way to put Chapter 164 in abeyance. <br />Mr. Reingold read Section 164.1055 (1)(c) of the Florida Statute, "Schedule additional meetings <br />of the entities in conflict or of their designees, to continue to seek resolution of the conflict" His <br />suggestions would be that the Board of County Commissioner and the City Council could push <br />this back to staff to see if they can come to a resolution, they could stop the Chapter 164 process <br />and go back to having open dialogue and if that doesn't progress they could start the Chapter 164 <br />process back up. His strongest recommendation so that they don't have any concerns about the <br />challenge that they didn't properly follow the Chapter 164 process would be that the two (2) sides <br />agree that the Chapter 164 process would cease and/or that they delegate the issue back to staff <br />under the Chapter 164 process. <br />8 09/08/21 Joint City Council/County Commission <br />