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June 19, 2006 - Regular Meeting Page 639 Mr. Weisner explained how the Property Tax Assistance Grant program is administered, including the time period for submitting an application. He also commented on increased advertising efforts for the program in the future. Commissioner Privette questioned the legality of the program. He cited an e-mail from Shea Denning, Assistant Professor of Public Law and Government at the University of North Carolina, School of Government, stating the Board "exceeded their constitutional authority by adopting this program." Further she wrote "it seems likely a court would view the County's program as constitutionally an unlawful compromise or release of taxes for which board members are personally liable pursuant to G.S. 105-380." Richard M. Koch, Acting County Attorney, reported he had not researched the program. He pointed out the e-mail expressed Ms. Denning's opinion but said there were some points that should be considered. UPON MOTION of Commissioner Privette, seconded by Chairman Carruth and unanimously carried, the Board tabled discussion of the Cabarrus County Property Tax Assistance Grant until the July meeting with the County Attorney to research the program. (11) CONSENT AGENDA Commissioner Carpenter Purchase and Sale Agreement Former Cabarrus Bank/First Agenda. requested Consent Item F-33, Fourth Amendment to with Allen Craven, LLC for the Purchase of the Union Building, be removed from the Consent (F-l) Program Selection of Stark Associates Grant for Administration of FY 06-07 HOME A Request for Proposal (RFP) was issued on April 12, 2006 for administration of the 2006-2007 HOME Program grant. The RFP was posted on the County's website and mailed directly to the following three agencies: Centralina Council of Governments, Stark Associates, and CMR Services. CMR did not respond and Centralina Council of Governments responded with a letter stating it would not be submitting a proposal. Stark Associates proposed a fee of $19,006.00 to administer the program. This fee will be reimbursed completely by the grant. UPON MOTION of Commissioner Privette, seconded by Commissioner Carpenter and unanimously carried, the Board approved the selection of Stark Associates for administration of the 2006-2007 HOME Program Grant with the contract contingent on the FY 2006-2007 budget approval and project ordinance adoption. (F-2) RCCC Business Eo Technology Center Replacement) Budget Amendment (Roof Two sections of the roof at the Business & Technology Center need to be replaced. Neither of these sections was part of the construction and remodeling in either Phase I or Phase II of the project. The Board approved a budget amendment for this purpose in April 2006 but the preferred bid by Johnson's Roof ($61,506.00) exceeds the amount budgeted. UPON MOTION of Commissioner Privette, Carpenter and unanimously carried, the Board amendment: seconded adopted the by Commissioner following budget BUDGET REVISION/AMENDMENT REQUEST DEPARTMENT OF COMMERCE AMOUNT: $13,000.00 TYPE OF ADJUSTMENT: Internal Transfer within Function PURPOSE OF REQUEST: This budget amendment transfers additional funds for a partial roof replacement of the Business and Technology Center at RCCC. Contingency funds for the project will be used to cover the costs of replacing the roof. Two bids were received for this project and the cost for a 15 year roof replacement exceeded the original budget. Account No. 34397504-9600 Contingency - 34397504-9820 Construction Present Approved Budget $24,590.00 PhIl Scho Adm $3,046,900.00 Increase Decrease $13,000.00 Revised Budget $11,590.00 $13,000.00 $3,059,900.00