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September 11, 2007 (Special Meeting) Page 593 The Board of Commissioners for the County of Cabarrus held a special meeting in the Commissioners' Meeting Room at the Cabarrus County Governmental Center in Concord, North Carolina on Tuesday, September 11, 2007, at 7:00 p.m. The purpose of the meeting was to consider issues related to construction of the Jail Housing Unit in downtown Concord. 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 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 Lori Hinson, Deputy Clerk to the Board. Call to Order Chairman Carruth called the meeting to order at 7:01 p.m. Chairman Carruth led the Pledge of Allegiance. A moment of silence was observed in recognition of the anniversary of 9-11. Sheriff Riley gave the invocation. Filing and Granting of Continuance by the N.C. Court of Appeals Chairman Carruth reported that Plaintiffs Pam and Dan McDonald, Alex Porter, Jr., Patricia Ann Hyde, H. Edward Eubanks, J. Richard Thomason, Forrest and Tracy Ballard, Patrick C. Quinn and Faith Lyon in the law suit against the City of Concord concerning the jail project conditional use permit (06 CVS 1770 Cabarrus County) requested a continuance from the N.C. Court of Appeals on September 9, 2007 to have the oral arguments delayed until October 9, 2007 on the grounds that a compromise between the Plaintiffs and the County concerning the jail housing unit was imminent. Therefore, the continuance was granted by the N.C. Court of Appeals. He further reported the oral arguments were originally scheduled to be heard today, the City of Concord was neutral with regard to the continuance and that a compromise on the scope and size of the jail housing unit was not imminent. He also stated the need to resolve the jail housing unit matter. va. Actual Expenditures for the Law Commissioner Mynatt reported she did not know the current cost of the jail project and had asked Pam Dubois, Deputy County Manager, to provide a summary of the project's budget, change orders, etc. Ms. Dubois summarized a report that was previously provided to the Board. The revised budget for the Annex, site development, precast concrete for the housing unit, Sheriff's Administration Building and equipment totaled $62,860,797.00. The project cost was $58,049,688.00 with $28,332,219.32 expended as of September 7, 2007. Commissioner Privette briefly commented on the cost of the whole construction project being over budget by approximately $60 million. Mike Downs, Deputy County Manager, pointed out Turner Construction's $56,617,751.00 estimate for the housing unit is an estimate only, the estimate has not been put out for bid and the estimate includes escalation costs for 2007 and 2008. He also pointed out land costs and incidental site development costs incurred since the project began are included in the original number. Jail Project History Chairman Carruth reviewed the Board's actions related to the planning and construction of the jail from February 20, 1999 to November 20, 2006. He pointed out a considerable amount of time and money has gone into the project, modifying the housing unit will decrease planned efficiencies, reducing the size of the housing unit will result in redesign costs and will not meet the County's housing needs long term. Commissioner Mynatt pointed out the timeline on the County's website does not mention the Residents of the Historic Concord rescinded their original resolution to keep the jail downtown and does not include a