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October 15, 2007 (Regular Meeting) Page 586 Commissioner Privette seconded the motion. There was a lengthy discussion on the following issues: the right to appeal based on voting scenarios of the N.C. Court of Appeals; the average length of time for an appeal case to be heard; delays associated with the redesign process; the proposal to remove the top two floors of the housing unit, along with other proposals, were presented to the plaintiffs during mediation and were rejected; and voting in favor of the proposal is not a guarantee the matter is completely resolved. The MOTION failed with Commissioners Mynatt and Privette voting for and Chairman Carruth, Vice Chairman Juba and Commissioner White voting against. Vice Chairman Juba MOVED for the current Board of Commissioners not to consider a motion to redesign the jail housing unit again until the N. C. Court of Appeals makes a ruling in the Jail appeal case or until the next regular election of Commissioners, whichever occurs first. Chairman Carruth seconded the motion. Commissioner Mynatt stated the motion is unnecessary. The MOTION failed with Chairman Carruth and Vice Chairman Juba voting for and Commissioners Mynatt, Privette and White voting against. Vice Chairman Juba commented on the following issues related to the proposal: the effect of the controversy on the community and on law enforcement personnel; using capacity demands to determine the size of the housing unit; past mediation efforts; increased construction costs and the cost of duplicating services outweigh any possible savings; etc. She also thanked Commissioner Mynatt for efforts towards this project and stated the need to move forward. (G-6) Escalation of Coat Estimates and Increases in Size of the Sheriff's Office and Detention Facility Over Time Chairman Carruth complimented John D. Day, County Manager, Mike Downs, Deputy County Manager, Pam Dubois, Deputy County Manager, and Kelly Sifford, Community Development Manager, for their hard work to prepare the information on the jail in chronological order. Mike Downs, Deputy County Manager, reported the presentation begins with the first estimate received in 2009 and ends with what has been spent on the project thus far. He stated the availability of the consultants to respond to questions at the end and turned the presentation over to Kelly Sifford, Community Development Manager. Ms. Sifford and Mr. Downs presented a PowerPoint Presentation entitled, "Cabarrus County Law Enforcement Center and Detention Facility - Construction Budgets and Related Costs", hereby incorporated into the minutes. (See Minute Book Attachment No. 30.) Items addressed in the presentation included the following: Project budget estimate (pre-design) prepared by Ware Bonsall Architects dated June 19, 2009; Schematic Design Estimate prepared by Hanscomb, Faithful & Gould (HFG) dated April 19, 2005; Items not included in HFG's estimates; Un-measurable costs affecting proposed estimates; Issues affecting cost estimates; Issues affecting estimated cost; Design Development Estimate prepared by HFG dated October 24, 2005; Rezoning - November 22, 2005; Concord City Council approves conditional use permit; Pre-bid/design construction management fee; Important events affecting completion of the project; HFG's Construction Document Estimate dated August 18, 2006; GMP (Guaranteed Maximum Price) No. 2 presented to the Board; Amended GMP No. 2; GMP No. 4 (Housing Unit); Housing Unitproject summary prepared by Turner Construction; Estimate summary; Cost index study; Construction Contracts for the Annex and Sheriff's Administration building; Pre-cast cells; Housing Unit estimate dated April 30, 2007; Related costs outside of construction contracts for GMP's No. 1, 2, 3 and 9; Cost of project committed to date; and Related future project costs. Mr. Downs and Ms. Sifford responded to several questions from the Board. Mr. Downs distributed the monthly financial report for the project. tes of Participation (COPS) - Cox Critical Need