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Administrator Baird reiterated his recommendation on the best way to move <br />forward, by utilizing the optional sales tax because of legal opinion. <br />Commissioner Solari referenced the County Attorney's recommendation to not <br />use impact fees and could not see why we would want to put ourselves in a position to invite <br />litigation. <br />Vice Chairman Flescher asked Commissioner Wheeler if he was willing to <br />change his Motion. Commissioner was not. <br />The Chairman CALLED THE QUESTION and by a <br />4-1 vote (Commissioner Solari opposed) the Motion <br />carried. The Board approved the purchase and <br />installation of a scoreboard at the North County <br />Aquatic Center, and that Impact Fees be used to fund <br />same. <br />Vice Chairman Flescher asked what would happen in the likelihood we have a <br />challenge on this. Attorney Collins said if we had one he would recommend that we not fight it <br />but fund it from a different source. Administrator Baird added that if it was ever challenged, <br />staff would return to the Board, reverse the entry, and use another funding source and pay back <br />the interest. <br />12. DEPARTMENTAL MATTERS <br />12.A. COMMUNITY DEVELOPMENT - NONE <br />February 17, 2009 25 <br />