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February 16, 2009 (Regular Meeting) Page 1240 Consent Agreement between Cabarrus County and Wyndham Estates, LLC for the Wyndham Estates subdivision, including the payment of $9,034.00 per lot to advance school adequacy and the following build-out schedule: no more than 27 lots platted in 2009 (including the 11 previously approved); no more than 37 lots platted in 2010 and no more than 5 lots platted in 2011. By the same vote, the Board approved payment of 27 lots at building permitting with the balance due prior to final platting. Further, the Board authorized the County Manager to execute the Agreement, subject to review and/or revisions by the County Attorney. Chairman White stated he would like staff to provide additional information regarding several issues, including the APFO fees and the current gun ordinance at the next work session. (F) CONSENT AGENDA (F-1) BOC - Expansion o£ the Board of Commissioners - Removal From 2009 Legislative Agenda At its retreat, the Board agreed to seek expansion of the Commission by two at-large seats by referendum in 2010 (with the election of two in 2012) rather than by local legislation, as previously approved. Based on the Board's new direction, Item No. 2 of the 2009 Legislative Agenda should be removed. UPON MOTION of Commissioner Privette, seconded by Commissioner Poole and unanimously carried, the Board voted to remove Item No. 2 from the County's 2009 Legislative Agenda. Staff requests approval of an amendment to the 2007-2008 and 2008-2009 HOME programs. The amendment will allow staff to engage in new construction activities to allow for a home replacement. A situation has arisen that calls for replacement instead of repair. Program amendments require Board of Commissioner approval. To: Cabarrus County Board of Commissioners From: Kelly Sifford, AICP Date: January 23, 2009 Re: Changes in the 2007-2008 and 2008-2009 HOME programs The Community Development Division of the Commerce Department is requesting a change in the program descriptions to facilitate a special project. Staff was referred a home that needs to be replaced due to the extremely high estimated repair costs and a need to relocate the home to higher ground on the same lot. In order to meet program guidelines, the Board of Commissioners must approve any changes to the application. The requested change is to allow for new construction as a project. In the application, staff had projected all projects to be rehabilitation. This was an unforeseen situation that we hope to be able to accommodate with the Board's approval of the changes. UPON MOTION of Commissioner Privette, seconded by Commissioner Poole and unanimously carried, the Board approved amendments to 2007-2008 and 2008- 2009 HOME programs. (F-3) Finance - 2009 Capital Projects Ordinance In accordance with N.C.G.S. Capital Projects conducted by the of public schools as adopted in Plans. An audit of our current b of Government, revealed projects compliance. 159-13.2, a project ordinance is needed for County and the construction and renovations the FY 2008 and 2009 Capital Improvement adget ordinance by William Rivenbark, School must be specifically identified to be in UPON MOTION of Commissioner Privette, seconded by Commissioner Poole and unanimously carried, the Board adopted the following ordinance: Ordinance No. 2009-05 2009 CAPITAL PROJECT ORDINANCE