BC 2009 09 21 Regular Meeting - Laserfiche WebLink

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September 21, 2009 (Regular Meeting) Page 1634 Jonathan Marshall, Commerce Director, acknowledged the difficulty of the situation and stated developments were approved, therefore, the developer has vested rights extended by recent legislation. Because of the legislative extension, he explained some of the Reservations of Capacities that were approaching expiration were anticipated to be removed from inventory, now have to be added back into the inventory and factored in the calculations until December 31, 2010. The calculations are based on known capacity, including what is being built, plus what was planned and approved in the budget; in addition to number of current and anticipated students from ongoing or approved developments. He further explained many of these developments have gone fallow but by the County's method, there is no way to remove the developments because of their legal right to build. Commissioner Carruth questioned the legal ramifications of granting an exception and asked the County Attorney for his opinion. Richard M. Koch, County Attorney, advised that a legal quandary will be created if the Board is not consistent in its actions. The APFO (Adequate Public Facilities Ordinance) payments have been consistently required, unless the project involved senior citizens where it was clear there would be no impact on the schools. He said the Board has in the past, been flexible on the phasing and in some cases, allowed developers under certain circumstances, to build out faster than what the numbers would have otherwise indicated. Mr. Marshall confirmed that exceptions have been granted by the Board in the past. He also explained this is why it was pointed out that there are existing students on this parcel, which is different than most other projects brought before the Board, and is a reason to consider an exception. He said what was presented to the Board is what the Ordinance prescribes and it is now up to the Board to consider any flexibility based on unique circumstances. Commissioner Carruth MOVED to approve the Reservation of Capacity with no build-out schedule and required all the APFO Voluntary Mitigation Payment fees to be made in a lump sum payment at building permitting. A build-out schedule was not required to accommodate requirements of a federal tax credit program, and also because the development, which will produce 30 students, will displace a mobile home park that currently produces 56 students. Commissioner Poole seconded the motion. Commissioner Privette voiced his intent to vote against the motion, noting the lack of adequate school capacity. Chairman White pointed out that this project should increase the real estate value of the property by at least $5 million. The MOTION carried with Chairman White, Vice Chairman Mynatt and Commissioners Carruth and Poole voting for and Commissioner Privette voting against. (G-4) Library - One Book One Community - Resolution JoAnn Gresham, Library Branch Manager, and Kris Benshoff, Reference Librarian, presented a resolution declaring the month of October, 2009 as One Book One Community Month and Saturday, October 29`" as Lee Smith day in Cabarrus County. The program was developed to encourage the community to get involved in reading. Ms. Benshoff elaborated on the various community events related to the One Book One Community Cabarrus Reads effort and commented on the programs scheduled during the month of October. UPON MOTION of Commissioner Privette, seconded by Commissioner Carruth and unanimously carried, the Board adopted the following resolution: Resolution No. 2009-29 NORTH CAROLINA CABARRUS COUNTY RESOLUTION WHEREAS, reading is a joy for all ages which allows young and old to come together in discussion on a variety of topics.