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17 <br /> 1 $7 could be used for existing service, is permitted because that piece of the legislation has no <br /> 2 restriction on it. <br /> 3 Commissioner Yuhasz asked how what is in paragraph 8 is not already covered in the <br /> 4 other parts of the agreement that allow a party to ask for a change in changing circumstances. <br /> 5 He made reference to paragraph 11 and said that it should say, "as set out in paragraph 9 <br /> 6 above," and not"paragraph 7." He said that it seems that what is being said in this section is <br /> 7 already being said in the remaining portions of the agreement. <br /> 8 Wib Gulley said that there were some concerns expressed and the thought was to <br /> 9 explicitly provide for these concerns in a separate paragraph. <br /> 10 Commissioner Yuhasz said that he would feel more comfortable if this particular <br /> 11 provision was made subject to the approvals that exist later in the agreement. <br /> 12 Frank Clifton said that the statement"agreed to by the parties in the agreement" should <br /> 13 include"all"throughout the agreement. He said that this could be misconstrued to mean a <br /> 14 majority and not all of the parties. <br /> 15 Commissioner Jacobs said that he would like to minimize the amount to which the <br /> 16 County commits itself to challenging the parameters of the law. <br /> 17 John Roberts said that the statute in this case specifically says that the net proceeds of <br /> 18 the Y-cent sales tax revenue shall not be used to supplant or replace existing funds. There <br /> 19 remains some disagreement. He does not think that this agreement is entirely defensible under <br /> 20 the statute. <br /> 21 Commissioner McKee said that once again there is an issue that is not worked out. He <br /> 22 said that these issues need to be worked out before voting. <br /> 23 Wib Gulley said that the concern about new services addressed in paragraph 7 is a <br /> 24 higher standard than supplantation. Paragraph 7 states that the existing level of services must <br /> 25 be kept in place. <br /> 26 Commissioner Jacobs said that the last sentence in Paragraph 8 is what makes him <br /> 27 comfortable with it. He asked to keep that sentence or just add it to Paragraph 7. <br /> 28 Commissioner Gordon said that Section 8 should be in the agreement. <br /> 29 Discussion ensued on Section 8. <br /> 30 A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs <br /> 31 to change the wording of the last sentence in Paragraph 8 to read as follows (and to delete the <br /> 32 rest of Paragraph 8): Any change in use of bus service funds in the Plan from support of new <br /> 33 services to support of existing services may be made on a temporary or permanent basis, must <br /> 34 be agreed to by all of the Parties, and must comply with State law. <br /> 35 VOTE: Ayes, 4; Nays, 3 (Commissioner Gordon, Commissioner McKee, and Commissioner <br /> 36 Yuhasz) <br /> 37 <br /> 38 Commissioner Gordon voted against it because most of Paragraph 8 was eliminated <br /> 39 without much consideration. <br /> 40 Commissioner Yuhasz said that this is allowing the opportunity to use all of the money <br /> 41 to support existing services. He is not sure that this was the intent. <br /> 42 Commissioner Hemminger asked that the signatory page spell out all of the group <br /> 43 names instead of using abbreviations. <br /> 44 Commissioner McKee suggested having this brought back as a clean copy at the next <br /> 45 regular meeting to vote on it. <br /> 46 Commissioner Hemminger said that the clean copy will be put forth with the minutes. <br /> 47 Commissioner Gordon reminded the Board that the Bus and Rail Plan also needs to be <br /> 48 approved. <br /> 49 <br />