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April 4, 2011 (Work Session) Page 365 <br />Recommendations - Tabled from January to April, be addressed later in the <br />meeting. <br />Commerce - APF VMP Adjustment for CY2011 (Tabled from January to April 4) <br />Chairman White advised the Supreme Court has not ruled on Adequate <br />Public Facilities litigation yet and advised the matter be tabled for 60 to <br />90 days. <br />UPON MOTION of Commissioner Carruth, seconded by Vice Chairman Poole <br />and unanimously carried, the Board voted to table the APF VMP Adjustment for <br />CY2011 until the August work session. <br />Commerce - APPL2010- 00003, Appeal of Rezoning Case RZON2010 -00007 and Public <br />Hearing - 6.30 P.M. <br />Richard Koch, County Attorney, reported he sent a letter to one of the <br />five new joint property owners (siblings) that resides locally, whom recently <br />acquired the property by descent as the previous property owner is now <br />deceased. The applicant, Steve Fisher, had a contract to purchase the <br />property and wanted it rezoned. He further reported, the County requires the <br />property owner's signature on rezoning applications. Subsequently, Mr. <br />Fisher withdrew the rezoning application, but the County has been unable to <br />get consent from the new property owners to withdraw the appeal. The one <br />local sibling that is in favor of withdrawing the application, has not been <br />unable to obtain the consent of the other siblings. Mr. Koch recommended the <br />Board set the hearing for April 18 and said he is hopeful the case will be <br />withdrawn prior to that meeting. Mr. Koch also responded to several <br />questions from the Board. <br />UPON MOTION of Commissioner Carruth, seconded by Commissioner Measmer <br />and unanimously carried, the Board voted to place APPL2010- 00003, Appeal of <br />Rezoning Case RZON2010 -00007 on the April 18, 2011 Agenda as a New Business <br />item and scheduled a public hearing for 6:30 p.m. <br />County Manager - Resolution Authorizing Auction Sale of the Old Bethel School <br />Property <br />Mike Downs, Deputy County Manager, presented a new resolution <br />authorizing an auction sale of the old Bethel School property. <br />UPON MOTION of Commissioner Carruth, seconded by Vice Chairman Poole <br />and unanimously carried, the Board suspended its rules of procedures in order <br />to take action on the resolution due to time constraints. <br />UPON MOTION of Vice Chairman Poole, seconded by Commissioner Carruth <br />and unanimously carried, the Board adopted the following resolution: <br />Resolution No. 2011 -08 <br />RESOLUTION AUTHORIZING AUCTION SALE <br />OF THE OLD BETHEL SCHOOL PROPERTY <br />WHEREAS, Cabarrus County is the owner of parcels of land known as the Old <br />Bethel School Property on Highway 24 -27 (the "Property ") , as indicated on the <br />attached Exhibit A, which Property is surplus to its needs; and <br />WHEREAS, North Carolina General Statutes § 160A -268 permits the County to <br />sell real property by advertisement and sealed bid. <br />THE BOARD OF COMMISSIONERS OF CABARRUS COUNTY RESOLVES THAT: <br />1. The Board of Commissioners hereby authorizes the sale by sealed bid <br />of the Property indicated on Exhibit A. <br />2. The County will accept sealed bids for the Property until 3:00 <br />p.m., Friday, May 6, 2011. Bids shall be delivered to the office of John Day, <br />County Manager, Second Floor, Cabarrus County Governmental Center, 65 Church <br />Street, Concord, North Carolina. <br />3. At 3:00 p.m. on Friday, May 6, 2011, all bids received shall be <br />opened in public and the amount of each bid recorded. The record of bids shall <br />be reported to the Board of Commissioners at their regular meeting on Monday, <br />May 16, 2011. <br />