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March 26, 2007 (Regular Meeting) Page 319 2007, no more than 121 lots to be platted in 2008, no more than 123 lots to be platted in 2009, no more than 126 lots to be platted in 2010 and no more than 92 lots to be platted in 2011. Finally, Ms. Watts reiterated Mr. Shea's availability to respond to questions. Ms. Watts responded to questions from the Board. Commissioner Mynatt MOVED to approve the Consent Agreement between Cabarrus County and Shea Homes, LLC for the Rustic Canyon subdivision, including the payment of $9,039.00 per lot to advance school adequacy that is due at final platting and the following build-out schedule: no more than 35 lots to be platted in 2007, no more than 121 lots to be platted in 2008, no more than 123 lots to be platted in 2009, no more than 126 lots to be platted in 2010 and no more than 92 lots to be platted in 2011. Further, she authorized the County Manager to execute the agreement on behalf of Cabarrus County. Vice Chairman Juba seconded the motion. Commissioner Privette stated his intent to vote against the motion because of capacity issues at the following schools: Rocky River Elementary, C.C. Griffin Middle and Central Cabarrus High School. He also pointed out the adequacy payment is approximately one third of the actual capital costs incurred and that this deficit should not be passed onto senior citizens and working families. Commissioner White stated he is willing to change the development rules midstream and that the County needs to move forward on the Adequate Public Facilities Ordinance. The MOTION carried with Vice Chairman Juba and Commissioners Mynatt and White voting for and Commissioner Privette voting against. (G-9) Consent Agreement - Melbourne Subdivision Vice Chairman Juba reported, the developer, Gandy Communities, requested the Consent Agreement for the Melbourne subdivision be tabled. For clarification, John Day, County Manager, reported staff suggested the item be tabled to the April 16 regular meeting. UPON MOTION of Commissioner Privette, seconded by Commissioner Mynatt and unanimously carried, the Board voted to table the Consent Agreement for the Melbourne subdivision to the April 16, 2007 regular meeting. (G-10) Report on Mediation Efforts Related to Jail Litigation Commissioner White reported on the results of the mediation effort related to the Jail litigation. Highlights of the report included the following: the mediation was unsuccessful with two proposals provided by the plaintiffs; the first offer was made by the petitioners and included keeping the annex downtown, moving the housing unit out of town, paying the plaintiffs' legal fees of approximately $50,000.00 and repairing any damages caused by construction; the County's counter offer included keeping the jail downtown and modifying the size of the structure to make it smaller; the plaintiffs' reply was to move the housing unit up onto Corban Avenue, allowing for a four story unit to be placed on the corner of Corban and Union Streets, to add two more floors to the Annex, to add two floors to the Sallie port and put two floors near McCachern Boulevard for the entire length of the street; the County's reply included removal of the top two floors of the housing unit and keeping the property on the corner of Corban available for a future use that would not affect the aesthetics of downtown; the plaintiffs rejected this offer; the County's counter offer included not developing the property at all, leaving it as a green space and removal of the top two floors of the housing unit; the plaintiffs rejected this offer; and the mediator's costs were to be divided between the two parties. Commissioner White also stated his opposition to statements made earlier in the meeting during Informal Public Comments. He reported that he and Chairman Carruth left the mediation only after the mediator told them nothing further was forthcoming. John Day, County Manager and Mike Downs, Deputy County Manager, briefly commented on the portion of a proposal submitted by the mediator. Vice Chairman Juba thanked Commissioner White for the report.