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November 15, 2010 (Regular Meeting) Page 200 be prepared. Any and all votes during the hearing shall be taken by the ayes and noes and recorded in the board's minutes. Once the hearing is concluded, it shall be closed by vote of the board. The presiding officer shall next entertain a motion to adopt a nonbinding resolution censuring the member based on specified violations of the code of ethics. Any motion made must be an affirmative one in favor of adopting a nonbinding resolution of censure. If the motion or resolution does not state particular grounds for censure under the code of ethics, the presiding officer shall rule it out of order. If a motion to adopt a nonbinding resolution of censure stating particular grounds under the code of ethics has been made, the board shall debate the motion. The accused member shall be allowed to participate in the debate and shall also be allowed to vote on the motion to adopt the resolution. At the conclusion of the debate, the board shall vote on the resolution. If the motion to adopt the nonbinding resolution of censure is approved by a majority vote of those present and voting, a quorum being present, the motion passes and the nonbinding resolution of censure is adopted. The text of the nonbinding resolution of censure shall be made a part of the minutes of the board. Any recording of the board's proceedings shall be approved by the board as a permanent part of the minutes. The proceedings shall then be considered concluded, the board having done all it legally can with respect to the matter in question. Adopted this 15 day of November, 2010. /s/ H. Jay White, Sr. H. Jay White, Sr., Chairman Cabarrus County Board of Commissioners ATTESTED: /s/ Kay Honeycutt Clerk to the Board (F -2) Cabarrus Arena and Events Center - SMG Incentives and Related Budget Amendment - $78,989.00 Based on the existing Management Services Agreement (Section 4) and the Food and Beverage Services Agreement (Section 6), SMG qualifies for the following incentive payments for the performance during the 2010 fiscal year: Mgt Agreement - Quantitative Incentive = $ 7,967.00 Qualitative Incentive = 22,325.00 F &B Agreement - Quantitative Incentive = 48,697.00 Total Incentive Due $78,989.00 UPON MOTION of Commissioner Privette, seconded by Commissioner Mynatt and unanimously carried, the Board authorized the incentive payment to SMG for fiscal year 2010 and adopted the following budget amendment: Date:10 /25/2010 Amount:$78,989 Dept. Head:Mike Downs Department:Deputy County Manager ❑ Internal Transfer Within Department ❑ Transfer Between Departments /Funds 0 Supplemental Request Purpose: This budget amendment is to appropriate fund balance from FY 2010 for the payment of Arena performance incentives to SMG Management Company. The incentive for Food and Beverage is $48,697 and for the Arena operations is $30,292. These incentives are based off calculations that were agreed upon by management and are related to specific profitability and performance measurements. Account Number Account Name Approved Budget Inc Amount Dec Amount Revised Budget 42098310 -9404 Perf Incentives $0.00 $30,292.00 $30,292.00 42098310- 9404 -FCVS Perf Incentives - Food $0.00 $48,697.00 $48,697.00 42068310 -6901 Fund Bal - Approp $41,615.00 $78,989.00 $120,604.00 (F -3) Commerce - Adequate Public Facilities Mitigation Agreement for Olive Woods Subdivision The applicant is Wayne Cline, acting as POA for Emily R. Cline, 2300 Sunset Road, Charlotte, NC 28216. The project consists of 5 single- family units on +/- 25.17 acres located off Mt. Olive Road in unincorporated Cabarrus County, North Carolina. The Cabarrus County Board of Commissioners approved a Reservation of Capacity Certificate for this project on October