Minutes 10-02-2012 - Laserfiche WebLink

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VOTE: Ayes, 6; No, 1 (Commissioner McKee) The Board then discussed Paragraph 8. Commissioner Gordon asked about the rationale for 50% of the bus funding to be used for existing services. Frank Clifton said that the plan allocates each year a certain amount for bus services. This is on page 41 of the packet. The Board has already approved the plan that provides for a certain level of funding each year for bus services. The rest of the money goes to light rail. Commissioner Yuhasz asked Wib Gulley about his legal opinion for the $7 vehicle registration fee and the County's use of this money. Wib Gulley said that his legal opinion is that the allocation of the funds that are distributed for bus service, a marker that indicates the $7 could be used for existing service, is permitted because that piece of the legislation has no restriction on it. Commissioner Yuhasz asked how what is in paragraph 8 is not already covered in the other parts of the agreement that allow a party to ask for a change in changing circumstances. He made reference to paragraph 11 and said that it should say, "as set out in paragraph 9 above," and not "paragraph 7." He said that it seems that what is being said in this section is already being said in the remaining portions of the agreement. Wib Gulley said that there were some concerns expressed and the thought was to explicitly provide for these concerns in a separate paragraph. Commissioner Yuhasz said that he would feel more comfortable if this particular provision was made subject to the approvals that exist later in the agreement. Frank Clifton said that the statement "agreed to by the parties in the agreement" should include "all" throughout the agreement. He said that this could be misconstrued to mean a majority and not all of the parties. Commissioner Jacobs said that he would like to minimize the amount to which the County commits itself to challenging the parameters of the law. John Roberts said that the statute in this case specifically says that the net proceeds of the '/�-cent sales tax revenue shall not be used to supplant or replace existing funds. There remains some disagreement. He does not think that this agreement is entirely defensible under the statute. Commissioner McKee said that once again there is an issue that is not worked out. He said that these issues need to be worked out before voting. Wib Gulley said that the concern about new services addressed in paragraph 7 is a higher standard than supplantation. Paragraph 7 states that the existing level of services must be kept in place. Commissioner Jacobs said that the last sentence in Paragraph 8 is what makes him comfortable with it. He asked to keep that sentence or just add it to Paragraph 7. Commissioner Gordon said that Section 8 should be in the agreement. Discussion ensued on Section 8. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs to change the wording of the last sentence in Paragraph 8 to read as follows (and to delete the rest of Paragraph 8): Any change in use of bus service funds in the Plan from support of new services to support of existing services may be made on a temporary or permanent basis, must be agreed to by all of the Parties, and must comply with State law. VOTE: Ayes, 4; Nays, 3 (Commissioner Gordon, Commissioner McKee, and Commissioner Yuhasz)