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October 20, 2008 (Regular Meeting) Page 1026 1. Completion - Prior to initiating a project for which a Grant application is proposed, the applicant shall complete a Development Grant Application for submittal to the Cabarrus Economic Development Corporation. 2. Recommendation - Upon completion of the Development Grant Application by the applicant, the Cabarrus Economic Development Corporation Board will review the application and determine if the application will be recommended to the BOC. 3. Application - Applications recommended by the Cabarrus Economic Development Corporation Board will be submitted to the County Manager's office for scheduling a public hearing before the BOC. 9. Acceptance - The BOC may consider acceptance of the Development Grant Application. A public hearing must be scheduled by law prior to the approval of a Grant. The County shall publish a notice of the public hearing at least 10 days before the hearing is held. The notice shall describe the project and the BOC's intention to consider approval of the Grant request. 5. Public Hearing - The BOC shall conduct a public hearing on the Development Grant Application to inform the public of the Grant request, invite comments and vote on it. 6. Agreement - The BOC approves the Grant by offering the applicant an Agreement. Offers not accepted are deemed rejected by the applicant. Unless otherwise adopted and approved by the BOC, the Grant offer remains open for 30 days from the date of tender of the proposed Agreement to the applicant. Acceptance is the execution of the Agreement between the County and the applicant. The BOC reserves the right to reject any Grant application. 7. Construction - Construction shall be required to adhere to plans approved in the plan review and permitting process, as well as to plans, or plan elements approved as conditions of the Agreement. 8. Assessment - The value of the subject property following the completion of construction shall be established by the Tax Assessor. The actual increase in post-construction assessed value over pre- construction assessed value shall equal, or exceed the estimated increase specified in the Agreement. Failure to meet or exceed the Grant approval threshold of $1.5 million, where applicable, shall render the Grant void. Adopted this the 20th day of October, 2008 by the Cabarrus County Board of Commissioners. - Approval of Land Acquisition by Condemnation of Garrison Note: Item F-8 was removed from the Consent Agenda at the request of Commissioner Privette. Commissioner Privette expressed strong reservations regarding the condemnation of property, noting the lack of recourse for the property owner. John Day, County Manager, addressed the following: in this case, there was a receptive seller; there was an inability to come to terms on the cost; an appraisal was done; the property was valued at $95, 000.00 per acre; the price was increased to $55,000.00, well above the appraised value; the owner is still reluctant to accept the offer; the next step is condemnation; and the court will decide the actual value, etc. A discussion ensued. The following issues were addressed: this is not the first time land has been condemned for school construction; the offer made to the landowner was above the appraised value; the initial response from the landowner was favorable; the landowner hired an attorney and became contentious; the property is landlocked; and obtaining the property will benefit the schools and save money on transportation as well as maintenance on the buildings. Chairman White stated in his opinion, this acquisition would provide an opportunity for students to interact and help further educate younger students.