BC 2007 07 02 Wk. Session - Laserfiche WebLink

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July 2, 2007 (Work Session) Page 485 UPON MOTION of Vice Chairman Juba, seconded by Commissioner Privette and unanimously carried, the Board voted to place the adjustment to the sanitary sewer easement off of NC Highway 73 East on the July 23, 2007 Agenda as a Consent item. Approval of Right-of-Way Agreement for Access Right-of-Way off Cabarrus Avenue Jonathan Marshall, Commerce Director, informed the Board that Sam Davis, an attorney with Hartsell & Williams, PA, represents a party to this agreement. Commissioner White, also employed as an attorney with Hartsell & Williams, PA, MOVED to recuse himself. Vice Chairman Juba seconded the motion. The MOTION unanimously carried. Mr. Marshall reviewed a number of issues related to Transport Road, a substandard road without any right-of-way, off of Cabarrus Avenue, including difficulties associated with a third property owner. He then presented a proposal for the County to enter into a Right-of-Way Agreement between Cabarrus County and FMS North Carolina, LLC to improve the situation. He reported if an agreement cannot be worked out with FMS, the third property owner can ask the Courts to grant a 15-foot right-of-way. He also commented on the future replacement of the Cabarrus Avenue Bridge, relocating the bridge closer to Corbin Avenue, the improvement of Powder Street, a zoning code enforcement issue (illegal dumping on county-owned property), an upcoming public hearing on the improvements, and lack of access for the third property owner once the bridge is closed. UPON MOTION of Commissioner Privette, seconded by Commissioner Mynatt with Chairman Carruth, Vice Chairman Juba and Commissioners Mynatt and Privette voting for and Commissioner White abstaining, the Board voted to place the approval o£ right-of-way agreement for access right-of-way off Cabarrus Avenue on the July 23, 2007 Agenda as a New Business item. Addition of Retaining Wall Permits to the Construction Standards Fee Schedule Jonathan Marshall, Commerce Director, reported retaining walls that exceed five feet in height are required to have a building permit under NC Building Code. He said these retaining walls are often not shown on the building plans reviewed by Construction Standards, but are shown on the grading plans reviewed by Environmental Protection. He said the County has to do enforcement after the fact which is inefficient for everyone involved. To eliminate the problem, he presented a proposal to have Environmental Protection (EP) require the plans to show any retaining wall over five feet in height and to notify Construction Standards to issue a building permit. The proposal also included the addition of a $25.00 permit to Construction Standards' fee schedule for retaining walls over five feet in height. Lastly, he reported the fee will cover staff's time for reviewing the plans. Mr. Marshall responded to several questions from the Board and a general discussion ensued. UPON MOTION of Commissioner White, seconded by Commissioner Mynatt and unanimously carried, the Board voted to place the addition of retaining wall permits to the Construction Standards Fee Schedule on the July 23, 2007 Agenda as a Consent item. Voluntary Annexation of New High School on Cox Mill Road Jonathan Marshall, Commerce Director, reported the County agreed that projects which fall within Concord's five-year annexation area and request Concord utilities will also be reviewed for voluntary annexation as part of the settlement agreement that was approved several years ago. He further reported the new high school on Cox Mill Road is in Concord's annexation area; the school will use Concord utilities; Concord will be able to provide other services and are recommending voluntary annexation. John Day, County Manager, reported the annexation is optional, but the City is asking for it. He said the School Board is concerned the annexation may delay construction and opening of the new high school. To expedite the process, he said the property owner's attorney is going to recommend to the property owner that a voluntary annexation petition be submitted jointly with the County so the project can get started quickly.