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20 <br /> Commissioner Rich said there have been three or more discussions on this topic, and <br /> the words legally defensible keep coming back. She asked if the study has to be approved <br /> along with the numbers, and would be legally defensible. <br /> John Roberts said yes, this would adopt the data upon which the ordinance is based. <br /> Commissioner Rich asked if the numbers were altered would they then no longer be <br /> legally defensible. <br /> John Roberts said the authorizing legislation states that the Board shall determine what <br /> should be fairly born by the people who are paying the taxes, which comes into play with what <br /> percentage of the maximum supportable fee is fair. He said that is up to the Board, but <br /> recommends that the data in the categories should not be tampered with. <br /> Commissioner Rich referred to the idea of paying over time, and would like more <br /> information about this. <br /> Craig Benedict said if that practice were instated, it must be available to all. <br /> Commissioner Rich suggested the possibility of starting lower than the breakeven <br /> amount of 37%, knowing that the numbers will go up. She said she is on the fence about <br /> having further discussions. <br /> Commissioner Pelissier said it seems to her that everyone is already paying the impact <br /> fee over time. She said her only concern is that affordable housing units pay impact fees up <br /> front, and then have to wait for the reimbursement. She asked if there is a way to speed that <br /> up. <br /> Commissioner Pelissier said the Board should vote on which options of data to use: <br /> bedrooms or the average. <br /> Commissioner Dorosin said to conclude the conversation. He said there is a <br /> consensus of value in the process of engaging stakeholders, and suggested staying on a <br /> timeline to approve this on November 15th <br /> A motion was made by Commissioner Dorosin, seconded by Commissioner Price to <br /> defer the final consideration of this item to the November 15th BOCC meeting, and in the <br /> interim direct staff and the County Attorney to meet with stakeholders, and the leadership of <br /> school boards and to share information. <br /> Commissioner Jacobs offered a friendly amendment to pick bedroom count as the <br /> method before this is put out for further discussion. <br /> Commissioner Dorosin accepted the friendly amendment. <br /> Commissioner Price said she is not happy with the friendly amendment, but she would <br /> accept it as she sees Commissioners nodding their heads. <br /> Chair McKee said he is not nodding his head, and he feels that if a conversation is <br /> going to be opened up, then it should be opened up in its entirety. He said locking any aspect <br /> of this topic down gives the impression of a predetermined outcome. <br /> Commissioner Price said she will not accept the friendly amendment, and withdraws <br /> her second to it. <br /> Commissioner Jacobs said having an extending conversation is already a compromise. <br /> Commissioner Rich seconded the friendly amendment. <br /> Vote on amendment: Ayes, 5 (Commissioner Dorosin, Commissioner Rich, Commissioner <br /> Jacobs, Commissioner Pelissier, Commissioner Burroughs); Nays, 2 (Commissioner Price and <br /> Chair McKee). <br /> Discussion resumed regarding the original motion made by Commissioner Dorosin, as <br /> amended to include the method of the bedroom count: <br />