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April 16, 2007 (Regular Meeting) Page 345 <br />Mr. Tillman reported when the final plats are submitted to Concord, the <br />property can be annexed. <br />Citing the County Attorney's concern for the wording of the motion, <br />Commissioner Privette stated his intent to table the consent agreement until <br />May to give the County Attorney time prepare an appropriate motion. <br />Commissioner Privette withdrew his MOTION to delay this consent <br />agreement until adequate school capacity is available. Commissioner Mynatt <br />withdrew her second. <br />Mr. Cook stated if the project is delayed the County will be liable for <br />the $80,000.00 in interest on the loan. <br />UPON MOTION by Commissioner Privette and seconded by Commissioner <br />White, with Chairman Carruth and Commissioners Mynatt, Frivette and White <br />voting for and Vice Chairman Juba voting against, the Board tabled the <br />consent agreement for Roycroft Subdivision until its May meeting. <br />There was a brief discussion on the need to have a plan and to consider <br />all options available. <br />(G-11) Consent Agreement - Saddlebrook Subdivision <br />Commissioner Privette MOVED to table the Consent Agreement for the <br />Saddlebrook Subdivision until the Board's May meeting. Commissioner White <br />seconded the motion. <br />Vice Chairman Juba commented on having the same discussion on Consent <br />Agreements. month after month. She suggested a plan be developed to handle <br />consent agreements within the next 30 days. She pointed out developers have <br />followed the County's rules and asked for a reconsideration of the previous <br />acticn. <br />No reconsideration was given. <br />' The MOTION carried with Chairman Carruth and Commissioners Mynatt, <br />Privette and White voting for and Vice Chairman Juba voting against, the <br />Board approved tabling the consent agreement for Saddlebrook Subdivision <br />until its May meeting. <br />City of Concord, Cabarrus Co. and the <br />Water and Sewer District o£ Cabarrus Co., Related to the Settlement o£ Croas <br />Claims Associated with Craft Development v. Concord and Cabarrus Co. and <br />Morrison v. Concord and Cabarrus Co. <br />John D. Day, County Manager, stated this agreement details the manner <br />in which the City of Concord will provide water and sewer utilities in the <br />unincorporated areas of Cabarrus County within the City's utility service <br />area. He said Section 2 of the agreement has had the sometimes unintended <br />consequence of forcing Concord to allow the extension of utilities into areas <br />where Concord does not necessarily want to encourage residential development. <br />As a result of the litigation, he said the City now must provide services to <br />the areas that fall in the unincorporated area. He said Concord City Council <br />members and several Commissioners have expressed concerns with this <br />agreement. He asked the Commissioners if they would like to enter into <br />discussions with Concord about amending the agreement. <br />Vice Chairman Juba made a MOTION to enter into discussions with Concord <br />City Council concerning possible amendments to the Utility Agreement. <br />Commissioner Privette seconded the motion. <br />Commissioner White questioned the completion of an amendment as defined <br />in Paragraph 11. <br />Mr. Day reported on a meeting between County and City officials that <br />was held earlier this date and said the amendment had not been completed. <br />Richard M. Koch, County Attorney, clarified that the Attorney that was <br />mutually selected by the County and the City has not submitted the amendment <br />to date. <br />The MOTION unanimously carried. <br />(H) APPOINTMENTS <br />