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January 20, 2009 (Regular Meeting) Page 1210 Mitigation Payment Based Mitigation Voluntary on Payment on Payment for Mitigation Commissioner Commissioner Year 2009 Payment for Policy of 65 Policy of 65 Year 2009 Percent Percent Single Family $13,257.98 $8,617.36 $19,275.23 $9,278.90 $9,279.00 Detached Townhouse $7,031.53 $4,570.49 $7,571.33 $4,921.36 $4,921.00 Multi- $6,389.20 $4,152.98 $6,879.69 $4,471.80 $4,472.00 Famil /Other *COmpara ti ve Cost Multipliers fox October 200'/ basetl on Marshall antl Swift Valuation of 1.069 for Charlotte NC and a correction factor of 1.012 as listed for December 2008. Ms. Morris responded to several questions from the Board, with the following issues being addressed: the Marshall and Swift Valuation Service; the use of 1.064 as a Comparative Cost Multiplier; etc. She further explained the original study used to obtain the comparative numbers was completed in October, which is why staff uses numbers derived from October statistics. Commissioner Privette MOVED to approve the updated amount for Voluntary Mitigations Payments based on an annual adjustment for inflation as presented. The MOTION failed for lack of a second. In response to a questions posed by Commissioner Poole, Ms. Morris reported the Marshall and Swift Valuation Service is updated quarterly, which is why corrective factors are included. She further expressed the need to use October numbers in order to maintain consistency with the original Voluntary Mitigation amount that was adopted. Commissioner Carruth expressed concern regarding current pending litigation related to the Adequate Public Facilities Ordinance (APFO). He MOVED to table this matter for 30 days to obtain additional information regarding the pending lawsuit and how it may be affected by the Voluntary Mitigation Payment (VMP) adjustment. In response to additional questions from the Board, Jonathan Marshall, Commerce Director, described the following options available to the Board: the Board can table this item and direct staff to amend the Adequate Public Facilities Ordinance (APFO) to state the Board "may" instead of "shall" make an adjustment; the Board can adopt a resolution which will calculate the voluntary mitigation amount at 60 percent instead of the current 65 percent; etc. Mr. Marshall requested the Board provide more direction to staff if it chooses to table this matter. John Day, County Manager, stated the economy has greatly affected the Consumer Price Index (CPI) and may have also greatly affected the current Building Cost Index, which is used to calculate the voluntary mitigation payment. He stated the Board could vote to set the fee with a factor consistent with final quarter numbers. Mr. Day asked Richard Koch, County Attorney, if the Board has the authority to only amend the adjustment by the amount consistent with final quarter numbers. Mr. Koch stated the Board would have the authority to make such a vote, yet he expressed concern regarding what may come before the Board gets updated figures. Mr. Marshall commented the County Tax Assessors' office assists staff with making these adjustments and recommended this construction index. He further stated that if the Board uses the Current Building Cost Index from January 2009, staff will need to consult with the Tax Assessors' office and if the Board chooses to table this item, staff will bring all options available before the Board at the next meeting. Chairman White repeated a motion made by Commissioner Carruth to table this matter for 30 days. Vice Chairman Mynatt seconded the motion and it carried unanimously. (G-6) Commerce Department - Consent A4reement for the Wyndham Estates Subdivision Projeet Susie Morris, Planning and Zoning Manager, .presented information related to a Consent Agreement for the Wyndham Estates subdivision project. She reviewed the following information: The Wyndham Estates subdivision was approved by the Town of Midland Planning and Zoning Board on November 7, 2007. The project consists of