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February 16, 2009 (Regular Meeting) Page 1239 Vice Chairman Mynatt commented on the economy and stated it would be reasonable to allow the APFO fee to be paid at permitting. Commissioner Carruth stated this Consent Agreement has already been approved by the Town of Midland and $278,346.00 will eventually be contributed from this project for school adequacy to help defray some of the cost from taxpayers. Commissioner Carruth MOVED to approve the Consent Agreement between Cabarrus County and Wyndham Estates, LLC for the Wyndham Estates subdivision, including the payment of $4,034.00 per lot to advance school adequacy with payment due at final platting and to authorize the County Manager to execute the Agreement on behalf of Cabarrus County, subject to review or revisions by the County Attorney. Commissioner Poole seconded the motion. Commissioner Privette expressed opposition to approving the Consent Agreement citing overcrowded schools. Commissioner Carruth restated the MOTION to accept payment for preapproved subdivision as approved by the Town of Midland, He further commented that this Board has not approved any lots without an acceptable contribution to help defray the burden on property taxpayers in the County. Vice Chairman Mynatt asked Mr. Collins if the total payment for all of the lots is feasible. Mr. Collins reported the following: the property values within the development have dropped almost fifty percent; when the development was started, it was not planned to pay the APFO fees at platting; once planning was completed, the developers realized fees were due at platting; the economy is causing difficulty with payment of APFO fees at platting; etc. He repeated his request to pay the fees at permitting, noting it would still be nine months before the schools would be impacted by the construction of the development. The MOTION failed with Commissioner Carruth and Commissioner Poole voting for and Chairman White, Vice Chairman Mynatt and Commissioner Privette voting against. Vice Chairman Mynatt MOVED to approve the Consent Agreement between Cabarrus County and Wyndham Estates, LLC for the Wyndham Estates subdivision, including the payment of $4,034.00 per lot to advance school adequacy with payment due at permitting and to authorize the County Manager to execute the Agreement on behalf of Cabarrus County, subject to review or revisions by the County Attorney. Commissioner Carruth seconded the motion. Commissioner Carruth expressed concern with allowing this developer to pay APFO fees at permitting rather than at platting, questioning whether the Board was going to allow future developers to do the same. Chairman White stated that he is comfortable with allowing this developer to pay the APFO fees at permitting in this situation, noting the development has been in the planning stages since 2007. In response toquestions posed by Commissioner Poole and Vice Chairman Mynatt, Ms. Morris explained the difference between preliminary and final platting, stating a developer has two years to file a final plat once the preliminary plat is filed. Commissioner Privette stated the need for consistency and for following established policies. The MOTION failed with Chairman White and Vice Chairman Mynatt voting for and Commissioners Carruth, Poole and Privette voting against. In response to questions posed by Commissioner Carruth, Scott Collins, also a developer with Wyndham Estates subdivision, reported to the Board that when the idea of thesubdivision was first developed in 2006, APFO fees were due at impact, and the developers assumed fees were due at permitting. He further reported when financing for the project was completed, no funds were requested from the bank for APFO fees; by the time the developers presented the plan to the Town of Midland, APFO fees were due at permitting; etc. UPON MOTION of Commissioner Carruth, seconded by Vice Chairman Mynatt with Chairman White, Vice Chairman Mynatt and Commissioner Carruth voting for and Commissioners Poole and Privette voting against, the Board approved the