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March 9, 2009 (Special Meeting) Page 1275 <br />Susan Fearrington, Assistant Finance Director, presented information <br />related to the approval of a Lease and Agency Agreement between Cabarrus <br />County and Cabarrus. County Schools for the Lower Rocky River Elementary <br />School Site. She reported the lease allows the County to collect sales tax <br />reimbursements during construction of schools. <br />Richard Koch, County Attorney, reported a previous lease had been <br />drafted which contained a provision within Article 5, Section 5.2(b), which <br />requires the schools to consent to any conveyance of the school site. He <br />stated the following: an issue arose with the wording of the lease because <br />the word "conveyance" would also include a deed of trust, an instrument used <br />to put a mortgage on property; alternate language for this provision has been <br />suggested; additional language needs to be added to the provision regarding <br />refinancing the funding for the project; etc. <br />In response to a question from Chairman White, Ms. Fearrington <br />explained the County applies for sales tax reimbursements once a year; the <br />County can also receive a reimbursement of sales tax from construction costs <br />of current school constructions; sales taxes are placed into a receivables <br />account and at the end of the year, the County asks the state for <br />reimbursement of those funds; etc. <br />John Day, County Manager, clarified that the schools may not take <br />advantage of sales tax reimbursement and this reimbursement is a way to <br />extend these saving onto our school projects. <br />UPON MOTION of Commissioner Poole, seconded by Vice Chairman Mynatt, <br />and unanimously carried, the Board voted to place the Authorization of Lease <br />and Agency Agreement between Cabarrus County and Cabarrus County Schools for <br />the Lower Rocky River Elementary School Site on the March 16, 2009 Agenda as <br />a Consent item. <br />Parka - 2009 Recommended Faea for Came 9penaer Swimming Pool <br />Londa Strong, Parks Director, presented the proposed 2009 admission <br />fees for the Camp Spencer swimming pool as follows: $4.00 for adults, $2.00 <br />for children 12 and under, and free for children 5 and under. She reported <br />the pool is expected to open in May, the pool fees were inadvertently left <br />out of the fee schedule and season passes will be available. She also <br />reported other jurisdictions' pricing and the ability to meet contractual <br />obligations were taken into consideration in developing the fee schedule. <br />Commissioner Carruth asked if there has been an increase in liability <br />insurance related to the operation of the pool. Ms. Strong responded that <br />she is unable to answer that question. Richard Koch, County Attorney, <br />reported a contract is being negotiated with a company to provide <br />supervisorial services for the pool and the contract requires the company to <br />carry a $20 million insurance policy. <br />Chairman White suggested a senior or non-swimmer admission price be <br />added at a rate of $2.00. A brief discussion ensued regarding admission <br />rates, concessions, and after hour uses. <br />UPON MOTION of.Commissioner Poole, seconded by Vice Chairman Mynatt, <br />and unanimously carried, the Board voted to place the 2009 Recommended Fees <br />for Camp Spencer Swimming Pool on the March 16, 2009 Agenda as a Consent <br />item. <br />Presentation of Undeey ated Fund Halanae Above 15 Percent <br />In order to continue to monitor economic conditions, Pam Dubois, Deputy <br />County Manager, requested to defer the presentation on the amount of <br />undesignated fund bdlance above 15 percent until June. There was no <br />objection from the Board. <br />Firearms Ordinance <br />John Day, County Manager, reported that at the last regular meeting, <br />the Board requested additional information regarding the County's firearms <br />ordinance after receiving a complaint. He reported the ordinance, which is <br />difficult to interpret, has been discussed with Sheriff Riley and Chief <br />Deputy Hunt; and staff will review ordinances used in similar jurisdictions <br />and will report back to the Board in 60 or 90 days. <br />