BC 2009 04 06 Work Session - Laserfiche WebLink

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April 6, 2009 (Work Session) Page 1305 Chairman White reported the following: three weeks ago, the Buffalo Ranch property became available; the Buffalo Ranch property was being developed as residential; at the Board's retreat, the Board discussed using that property as a replacement site for A. T. Allen because it was recently placed on the market; the school board voted unanimously to use the Miami Church Road site as the A. T. Allen replacement; the Board needs to get a better idea of how schools are impacting areas in growth; etc. A general discussion ensued regarding utilities and road improvements near the Miami Church Road site. Susie Morris, Planning and Zoning Manager, reported the following information regarding the Miami Church Road site for the A.T. Allen School replacement: a Conditional Use Permit (CUP) was issued from the Cabarrus County Planning and Zoning Board for the Miami Church Road school site; a Traffic Impact Analysis (TIA) was done but has not been completely finalized; Hwy 601 improvements have not yet been determined; and information from the NCDOT (North Carolina Department of Transportation) needs to be updated. A lengthy discussion ensued, with the following issues being addressed: the Board of Commissioners needs to better understand school districting; school districting should be included in land use plans to determine better future school sites; there is a need for more communication and trust between school boards and the County; there should be more cooperation between the County and the school boards when choosing appropriate schools sites; the creation of an authority by legislation to manage/fund school construction projects from start to finish; holding a planning training session for school board members; etc. Mr. Day reminded the Board of a past effort to establish joint school planning and siting criteria that came from one of the Blue Ribbon Committee processes. He reported this criterion was adopted by the Board of Commissioners, but not by the school board. He also stated the key to being successful in school planning is having mutual agreed upon criterion. New Odell Area Elementary School John Day, County Manager, reported the Board expressed a desire to pursue the construction of a new elementary school in the Northwest Area; staff has observed bids coming in substantially lower than in the past; around $9 million is available for construction of this school; construction of other elementary schools in the state are bidding at approximately $11 million, not including furniture and other elements; in the past, legislation was approved to allow a school board to build clone schools through negotiation after contracts have already been set on other schools; Senator Hartsell is going to pursue a local bill for the County to proceed with the bid process using that legislation; the school board's Land Committee has reviewed several possible sites for the school; etc. Commissioner Poole expressed concern regarding the need for more contingency due to low bids received. Mr. Day stated an update will be presented to the Board once additional information is received. Break At 5:19 p.m., the Board took a short break. The meeting resumed at 5:35 p.m. Chairman White announced that Vice Chairman Mynatt will be leaving soon to attend the Cabarrus County Schools Board of Education meeting. BOC - Items for General Discussion - Continued Proposed Legislation - Local Government Tort Claims Act (S1026) Commissioner Carruth reported that the North Carolina Association for County Commissioners (NCACC) is opposed to this bill. He stated the following: if this bill passes, no private insurance company will insure a County for liability coverage; the bill greatly expands what can be defined as a "tort" by County employees; the bill proposes if a tort claim settlement totals more than $25,000.00, the settlement must be approved by the courts; etc. Richard Koch, County Attorney, reported the expensiveness of the proposed legislation is one reason the NCACC has opposed the bill; and the bill will create a Chapter 158A called the "Local Government Tort Claims