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November 19, 2012 (Regular Meeting) Page 1284 contribution for development or a development permit not specifically authorized by law, the county shall return the tax, fee or monetary contribution plus interest of 6% per annum." In the June 30, 2011 Cabarrus County financial report, the Adequate Public Facilities Capital Fund Schedule 19 shows total to date adequate facility fee revenues or $7,094,506. Per the provisions of the aforementioned Session Law 2007 -371, 6% annual interest on the collected facilities fees amounts to $425,670.36 or $1,166.22 per day or $34,986.60 every thirty days. Many of the plaintiffs in these cases are local businesses based in or operating in Cabarrus County and many employ Cabarrus County taxpayers, including me. The plaintiffs paid property taxes or sales taxes on materials used in their projects and they abided by County regulations and should be entitled to fair treatment. I respectfully request that the County Commissioners abide by the North Carolina Supreme Court rulings and the laws of the State of North Carolina and refund the illegally collected Adequate Facilities Fees and interest to stop the incurrence of any additional liabilities which will have to be paid for by Cabarrus County taxpayers. William Niblock, resident of 4000 Poplar Tent Road in Concord, expressed his viewpoint of the APFO lawsuit and his dissatisfaction with the fees that were charged. He requested that the county expeditiously provide a refund. Jasmine Brown, resident of 366 Silver Oak Terrace NE in Concord, expressed concern for the safety and condition of the tennis courts at Concord High School. She explained that due to the condition of the courts, tennis matches are held at other schools. Since matches are held elsewhere it makes attendance difficult and affects morale. She requested new tennis courts for Concord High School. Lynn Takla, resident of 656 Abington Drive in Concord, presented the board with photographs of the condition of the tennis courts at Concord High School. She expressed excitement at the prospect of new courts and explained the difficulty of scheduling the use of courts at other schools. She requested that the commissioners vote to fund the one -time project and invest in the future of tennis at Concord High School. With there being no one else to address the Board, Chairman Poole closed that portion of the meeting. (E) OLD BUSINESS None. (F) CONSENT AGENDA (F -1) County Manager - Budget Transfer of $234,825.00 of Rowan Cabarrus Community College's (RCCC) Capital Reserve Funds Upon the completion of Building 3000 on the RCCC campus, the college had $280,042.86 of funds remaining from the project along with state matching funds (held by the state). In order for the college to access the state funds, the County agreed to reserve these monies for future college projects. RCCC has requested to allocate $234,825.00 of these monies towards the South Campus Renovation for one stop, student services, and the academic advisory center in building 1000. The projects total cost is $1,073,922.00 of which the college already has $638,883.00 ($488,883.00 from the state matching funds, $100,000.00 from capital outlay monies, and $50,000.00 from the college reserves) of the funds dedicated, a request to the state for $200,214.00 state equipment funds and the balance from the reserves held by the county. UPON MOTION of Commissioner Carruth, seconded by Vice Chairman Burrage and unanimously carried, the Board adopted the following budget amendment: Date :11 /19/2012 Amount: $234, 825. 00 Dept. Head: Pamela S. Dubois Department: Schools, Capital Outlay /Finance /Cap Res ❑ Internal Transfer Within Department ❑ Transfer Between Departments /Funds Q Supplemental Request Purpose: To allocate funds from the Capital Reserve Fund (excess funds from the construction of building 3000 on RCCC campus) for the South Campus Renovation project for one stop, student services, and academic advisory center in building 1000.