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December 17, 2007 (Regular Meeting) <br />Page 656 <br />UPON MOTION of Commissioner Privette, seconded by Commissioner Mynatt, <br />and unanimously carried, the Board accepted the Fiscal Year 2007 <br />Comprehensive Annual Financial Report as presented. <br />Following the presentation there was a general discussion concerning <br />the use of the $10.8 million transferred from Fund Balance to the Capital <br />Reserve Fund. <br />(H-4) W3ACC - Tranefor of Non-Warranty Daeda <br />WSACC (Water and Sewer Authority of Cabarrus County) is requesting the <br />transfer of seven non-warranty deeds for interceptors pursuant to provisions <br />of the "Settlement Agreement" effective 12/19/91, by and between Cabarrus <br />County and the City of Concord, paragraph 6 whereby both parties agreed to <br />transfer certain "Facilities and Infrastructure" including respective <br />interests in all interceptor sewer lines and appurtenant metering stations <br />including but not limited to the Rocky River, Coddle Creek, New Irish Buffalo <br />Creek, Coldwater Creek, Three River/Harrisburg Outfall to WSACC upon <br />completion of certain conditions, i.e., the formation of WSACC, EPA. <br />Chairman White MOVED to recuse himself. He stated his employer, the <br />law firm of Hartsell & Williams, PA, prepared the deeds. Vice Chairman Juba <br />seconded the motion. The MOTION unanimously carried. <br />UPON MOTION of Commissioner Mynatt, seconded by Commissioner Carruth <br />with Vice Chairman Juba and Commissioners Carruth, Mynatt and Privette voting <br />for and Chairman White abstaining, the Board approved the transfer of seven <br />(7) non-warranty deeds for interceptors as requested by the Water and Sewer <br />Authority of Cabarrus County and authorized the Chairman and the Clerk to <br />execute the deeds. <br />(H-5) Consent Agreement - Crescent Apartments at Kannapolis Multi-Family <br />Apartment Project <br />Kassie Watts, Planner, presented a Consent Agreement for Crescent <br />Apartments at Kannapolis Multi-Family Apartment Project developed by Crescent <br />Resources, LLC. The project, consisting of 580 apartment units on +/-58.59 <br />acres, is located on Kannapolis Parkway and was approved by the Kannapolis <br />Planning and Zoning Board on July 5, 2006. She reported the site plan was <br />revised and approved by the Kannapolis Planning and Zoning Board on February <br />2, 2007. The Consent Agreement includes the payment of $1,331.00 per multi- <br />family apartment unit to advance school adequacy (due in full prior to the <br />issuance of any building permits) and the following build-out schedule: no <br />more than 290 multi-family apartment unit building permits to be issued in <br />2009 and no more than 290 multi-family apartment unit building permits to be <br />issued in 2010. <br />Commissioner Carruth MOVED to approve the Consent Agreement between <br />Cabarrus County and Crescent Resources, LLC for the Crescent Apartments at <br />Kannapolis Multi-Family Apartment Project, including the payment of $1,331.00 <br />per multifamily apartment unit to advance school adequacy, due in full prior <br />to the issuance of any building permits, and the following build-out schedule <br />of no more than 290 multi-family apartment unit building permits to be issued <br />in 2009 and no more than 290 multi-family apartment unit building permits to <br />be issued in 2010. He further moved to authorize the County Manager to <br />execute the Agreement on behalf of Cabarrus County. <br />Vice Chairman Juba seconded the motion. <br />After commenting on the capacities of the elementary, middle and high <br />schools and the shortage of water, Commissioner Privette stated his intent to <br />vote against the motion. <br />Commissioner Carruth pointed out the subdivision was approved by the <br />City of Kannapolis. <br />The MOTION carried with Chairman White, Vice Chairman Juba and <br />Commissioners Carruth and Mynatt voting for and Commissioner Privette voting <br />against. <br />There was a brief discussion on the need to have a dialog with the <br />municipalities on growth and water resources. <br />(H-6) Consent Agreement - Rocky Glen Subdivision <br />