BC 2008 02 04 Work Session - Laserfiche WebLink

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February 4, 2008 (Work Session) Page 706 Mike Downs, Deputy County Manager, and Ms. Dubois responded to a variety of questions from the Board. After a short discussion, the MOTION unanimously carried. Commerce - Approval of Optional Relocation Plan £or CDHD Scattered Site Rehabilitation Program Kelly Sifford, Community Development Manager, reported on the Cabarrus County Community Development Program Optional Coverage Relocation Plan. She explained the plan is modeled after Mecklenburg County's plan and there is a particular house the County would like to rehabilitate as part of the Community Development Block Grant (CDBG) Scattered Site Rehabilitation program. She further explained there is sufficient space on the owner's property to build another structure; however, the County still needs to provide certain options to the owner to assist with moving expenses after the relocation. Ms. Sifford also stated this plan has been reviewed by the Division of Community Assistance and the County Attorney. UPON MOTION of Commissioner Carrut h, seconded by Commissioner Mynatt and unanimously carried, the Board voted to place the Optional Relocation Plan for the CDBG Scattered Site Rehabilitation Program on the February 18, 2006 Agenda as a Consent item. - FY OB-0 Kelly Sifford, Community Development Manager, reported on the need to hold a public hearing in order to participate in the HOME program and on to make formal appointments to the HOME Consortium Board which had been made at the staff level in the past. Ms. Sifford suggested she and Mike Byrd be appointed to the Consortium Board as member and alternate, respectively. UPON MOTION of Commissioner Privette, seconded by Vice Chairman Juba and unanimously carried, the Board voted to place the appointment of Kelly Sifford (member) and Mike Byrd (alternate) to the Cabarrus/Iredell/Rowan HOME Consortium Board on the February 18, 2008 Agenda as a New Business item and scheduled a public hearing for 6:30 p.m. - Aonroval of Proposed Trail at Harris Middle and Odell Jonathan Marshall, Commerce Director, presented information on a proposal to extend the Moss Creek Trail onto County property where Harris Middle and Odell Elementary schools are located. He said the Ecosystem Enhancement Program (EEP) has a stream restoration project underway in this same area and that this trail could have a negative impact on the project. After holding meetings with EEP and Moss Creek representatives, he said the following agreement was reached: Moss Creek, at their expense, will extend the trail onto County property with two boardwalk segments that will allow both schools to access the trail, allow for signage and protect the wetlands. In addition, he reported there was discussion on installing other signage along the trail for the general public and Moss Creek residents. Finally, he reported the Agreement will be presented to the Cabarrus Board of Education at their February 11th meeting and their recommendation(s) will be presented to the Board. Commissioner Mynatt MOVED to place the proposal for a trail at Harris Middle and Odell Elementary Schools on the February 18, 2008 Agenda as a New Business item. Commissioner Privette seconded the motion. After Mr. Marshall responded to several questions from the Board, the MOTION unanimously carried. Sic Facilities C Under the For informational purposes, Richard Koch, County Attorney, reviewed the considerations used to evaluate consent agreements under the County's old Adequate Public Facilities Ordinance. In summary, he reported State statutes broadly grant authority to local government to regulate local land use as it relates to local public facilities. Despite that, he said there is no case law on the authority of the local government to impose APF (adequate public facilities) standards in North Carolina although cases have been upheld elsewhere in the country. He said the basic concept of APF as it relates to school concurrency has not been decided legally in North Carolina. North Carolina. has generally determined that development approval cannot be denied