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rIL • Current County Ordinance, Chapter 201 explicitly describes and defines residential ERUs and in this case, requires that one ERU per unit be paid fully in advance of construction. Staff recommends that the current ordinance provisions be applied and allow the "User Charge Revision Team" consisting of staff, the Utilities Advisory Committee and consultants to review, among other things, the ERU designation and report their findings to the Board of County Commissioners before any agreements reducing capacity charges are contemplated. MOTION WAS MADE by Commissioner Eggert, SECONDED BY Commissioner Grin, to support staffs recommendation. (Use current ordinance and wait for the results of the rate study before any agreements reducing capacity charges are contemplated.) Under discussion, Commissioner Eggert commented that the Board had been through this a number of times and it is very difficult to do this one -by -one. The Vice Chairman called on Mr. Barkett from the audience. (Clerk's Note: During Mr. Barkett's presentation, a handout was given to each of the County Commissioners. The Clerk was not provided a copy, therefore, such handout is not a part of the Clerk's record in this matter.) Bruce Barkett, attorney, representing National Housing Corporation/River Park Place, expressed appreciation to new Utilities Department Director Don Hubbs and to Administrator Chandler for their help. His client had no problem paying the full amount, provided the County entered into a Developer's Agreement that if the rate study comes back, or if the usage comes back, the way they anticipate, that the developer can get a recoupment. The problem is that there is no provision in the current ordinance for reimbursement or recoupment. Vice Chairman Macht thought it sounded reasonable and asked if it was possible, and Administrator Chandler advised that when the rate study is completed and if there is a rate February 17, 1998 43 booK u F" ; QLa �= - �,.