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October 4, 2010 (Work Session) Page 155 As illustrated above, adequate school capacity EXISTS for this residential subdivision project at the elementary, middle and high schools. (Note that according to Section 15 -11, Number 4, of the APFO, "...future available capacity must be "...equal to or greater than the projected enrollment that will be produced by the proposed development for all school types," not just one or two.) Is the project subject to Chapter 15, Adequate Public Facilities? Yes. However, available capacity is adequate to support the proposed project. Board of Commissioner Action Options: Option #1 Consider application of APFO where available capacity is adequate to support the proposed project. Ms. Morris also responded to questions from the Board. UPON MOTION of Commissioner Carruth, seconded by Commissioner Mynatt and unanimously carried, the Board voted to place the Reservation of Capacity for Olive Woods Subdivision on the October 18, 2010 Agenda as a Consent item. Commerce - Sale of Property at Lake Howell Jonathan Marshall, Commerce Director, reported the County purchased property from Everett and Helen Mesimer in 1986 for the purpose of creating Lake Howell and relocation of Shimpock Road. The original offer to purchase included a provision that any unneeded land would be sold back to the Mesimers at the original purchase price of $2,906.13 per acre, but limited that resale to a 10 -year period. Now, their son, Ken Mesimer, wants to purchase approximately 1.31 acres of the unneeded property. He further reported the property was originally purchased for the relocation of Shimpock Road and not as a waterbody buffer; therefore, the WSACC (Water & Sewer Authority of Cabarrus County) does not object to the resale of this property. Richard M. Koch, County Attorney, recommended the original agreement be amended to remove the 10 -year provision, otherwise, the statutes related to the sale of surplus property will apply. UPON MOTION of Vice Chairman Poole, seconded by Commissioner Carruth and unanimously carried, the Board voted to place the sale of property at Lake Howell on the October 18, 2010 Agenda as a Consent item. Note: Commissioner Privette arrived at 3:46 p.m. and was present for the remainder of the meeting. Commerce - CDBG Scattered Site Program Public Hearing - 6:30 P.M. Kelly Sifford, Community Development Manager, requested a public hearing for the CDBG (Community Development Block Grant) Scattered Site Housing Rehabilitation Program. She advised the application process requires two public hearings to be held and the first public hearing was held at the September 20, 2010 meeting. UPON MOTION of Commissioner Privette, seconded by Commissioner Mynatt and unanimously carried, the Board voted to place the CDBG Scattered Site Program on the October 18, 2010 Agenda as a New Business item and scheduled a public hearing for 6:30 p.m. Legal Staff /Commerce - SL 2010 -177 An Act to Amend the Permit Extension Act of 2009 - Tabled from September and Reconsideration of Resolution 2010 -10, Resolution Authorizing the County Manager and County Attorney to Amend Consent Agreements Entered Into Pursuant to the APF Ordinance With reference to SL 2010 -177, Susie Morris, Planning and Zoning Manager, reported Concord, Harrisburg and Kannapolis are granting the 1 -year extension on development projects; and that Midland intends to, but did not provide a specific date and Locust is undecided. She reviewed a detailed spreadsheet containing the new expiration dates and other pertinent data for development projects that are in the approval pipeline. She also responded to a variety of questions from the Board.