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November 17, 2008 (Regular Meeting) Page 1041 The Board of Commissioners for the County of Cabarrus met in regular session in the Commissioners' Meeting Room at the Cabarrus County Governmental Center in Concord, North Carolina on Monday, November 17, 2008, at 6:30 p.m. Present - Chairman: H. Jay'White, Sr. Vice Chairman: Joni D. Juba Commissioners: Robert W. Carruth Grace Mynatt Coy C. Privette Also present were John D. Day, County Manager; Richard M. Koch, County Attorney; Mike Downs, Deputy County Manager; Pam Dubois, Deputy County Manager; Kay Honeycutt, Clerk to the Board and Lyndsay Hayes, Deputy Clerk to the Board. Chairman White called the meeting to order at 6:31 p.m. Girl Scout Cadette Troop 334 from First Presbyterian Church in Concord conducted the .Flag Ceremony. Scouts participating in the ceremony were: Lauren Hunkele, Kara Hunkele and Sara Crisp. Father Fred Hoffman of All Saints Episcopal Church in Concord gave the invocation. (A) APPROVAL OR CORRECTION OF MINUTES UPON MOTION of Commissioner Privette, seconded by Commissioner Mynatt and unanimously carried, the Board approved the following minutes as written: March 10, 2008 (Work Session - technical correction); July 7, 2008 (Work Session); July 21, 2008 (Regular); July 22, 2008 (Recessed); August 4, 2008 (Work Session); August 15, 2008 (Parking Lot); August 18, 2008 (Regular); August 27, 2008 (Parking Lot); September 8, 2008 (Work Session); September 22, 2008 (Regular); September 23, 2008 (Elected Officials Briefing); and October 1, 2008 (Recessed). (B) APPROVAL OF THE AGENDA Chairman White reviewed the following addition to the agenda: New Business Item G-7 - Resolution Amending the Cabarrus County Board of Commissioners' 2008 Meeting Schedule. UPON MOTION of Commissioner Carruth, seconded by Commissioner Privette and unanimously carried, the Board approved the Agenda as amended. (C) RECOGNITIONS AND PRESENTATIONS None. (D) INFORMAL PUBLIC COMMENTS None. (E) OLD BUSINESS (E-1) Commerce Department - Consent Agreement - Crescent Heights Retirement Apartment Project Jonathan Marshall, Commerce Director, reported the Crescent Heights Retirement Project can be considered exempt from the Adequate Public Facilities Ordinance (APFO) upon compliance with conditions set forth by the County Attorney. Richard Koch, County Attorney, reported a proposed consent agreement has been sent to the developer for review. He further stated the consent agreement contains the following conditions: (1) that the project be restricted to senior citizens only, to the extent allowed by Fair Housing laws; (2) that the County be provided with an annual certification that there are no students living in the project, subject to audit by the County; (3) that the project be subject to the prevailing APFO fees if a child is found to reside at the project. In closing, he said the Crescent Heights Apartment Project could be approved for exemption in a similar manner as the Villas at Forrest Park project and the Wellspring Village project, which were previously considered by the Board. He stated an email was received stating that these conditions are acceptable to the applicant and the language is being finalized. He requested the Board consider approval subject to the