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January 23, 2007 (Recessed Meeting) Page 298 The Board of Commissioners for the County of Cabarrus met in recessed session in the Cabarrus Room at the Cabarrus Arena & Events Center in Concord, North Carolina on Tuesday, January 23, 2007 at 5:30 p.m. Present - Chairman: Robert W. Carruth Vice Chairman: Joni D. Juba Commissioners: Grace M. Mynatt Coy C. Privette H. Jay White, Sr. Also present were John D. Day, County Manger; Richard M. Koch, County Attorney; Mike Downs, Deputy County Manager; Pam Dubois, Deputy County Manager; Kay Honeycutt, Clerk to the Board; Aimee Hawkins, Communication & Outreach Manager; Jonathan Marshall, Commerce Director; Susie Zakraisek, Planning & Zoning Manager; and Kassie Watts, Planner. There were approximately 80 people in attendance including representatives from the following entities: Municipalities/Towns of Concord, Kannapolis, Midland, Locust, Mt. Pleasant and Harrisburg; Association o£ Realtors; Cabarrus County Building Industry Association; Cabarrus County and Kannapolis City Schools; Cabarrus County Planning and Zoning Commission; Cabarrus Economic Development Commission and-the media. Call to Order Following dinner, Chairman Carruth called the meeting to order at 6 p.m. He commented on collaboration, stewardship and prosperity. He also reviewed the steps taken by the County over the past few years to reduce growth. Meeting Format Jonathan Marshall, Commerce Director, reviewed the meeting format and commented briefly on major changes to the draft Adequate Public Facilities Ordinance based on recommendations received and actions taken from a similar meeting held last year with both school boards. Review of Schools Voluntary Mitigation Payment Study Prepared By TischlerBise -- Susie Zakraisek, Planning and Zoning Manager, commented on the steps taken to improve communication between County planning staff and the School Boards to identify school sites, student generation rates and population estimates. She also presented a PowerPoint presentation entitled, "Review of Schools Voluntary Mitigation Payment Study" that was prepared by the consulting firm of TischlerBise and presented to the Board of Commissioners on December 19, 2006. The following subjects were addressed in the presentation: voluntary mitigation payments; process for the study; growth trends; student generation rates; levels of service/cos-t s; input variables (net capital cost per student); and maximum voluntary mitigation payment amounts for single family homes, townhouses and multifamily units. Ms. Zakraisek and Mr. Marshall responded to a variety of questions from the audience. Review of Draft Adequate Public Facilities Ordinance Mr. Marshall presented an overview of the draft Adequate Public Facilities Ordinance (APFO), utilizing a PowerPoint presentation. Items addressed in the presentation included the following: structural components of the APFO - point in approval process when adequacy is determined, effect of failure to meet level of service standards and reservation of facility capacity; applicability - subdivision, multi-family development, mobile home parks; minor subdivisions are exempt; information required on the development application - the number of dwelling units, high school feeder area, phasing schedule and mitigation; ways to address capacity. issues - permit deferrals/phasing, adjust density, mitigation and other avenues; formulas for determining capacity; feeder areas; mitigation - construction, advance pro- rata costs, consent agreements and reserving capacity; how can mitigation be enforced; and grandfathering issues - vested rights, scope, phasing and sunsetting. John Day, County Manager, and Mr. Marshall responded to a variety of questions and comments from the audience throughout the presentation and after.