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September 25, 2006 (Regular Meeting) Consumer Directed Medicare Page 123 (G-4) Appointment of Deputy Clerk as Clerk to the Board Effective October 13, 2006 Susie Bonds, Clerk to the Board, will retire from Cabarrus County on October 12, 2006. Kay Honeycutt, Deputy Clerk to the Board, has served as Deputy Clerk since March 2004 and completed the County Administration course from the Institute of Government at UNC-Chapel Hill in March 2006. UPON MOTION of Commissioner Privette, seconded by Chairman Carruth and unanimously carried, the Board appointed Kay Honeycutt as Clerk to the Board, effective October 13, 2006. (G-5) Discussion of Legislative Goals for Submission to the N.C. Association of County Commissioners The North Carolina Association of County Commissioners (NCACC) has extended the deadline to submit legislative goals to the Association for the 2007-2008 session to Friday, September 29. These goals will be considered for inclusion into the legislative goals development process by NCACC. The approved package of proposed goals will be presented to membership of the NCACC at the Legislative Goals Conference on January 11-12, 2007. The following goals were identified by Board members: (1) removal of the funding of critical state road improvements, such as the widening of Interstate 85, from the Metropolitan Planning Organization (MPO) system and the equity formula; (2) reiterate support for the "Land for Tomorrow" resolution that called for a general obligation bond referendum to increase conservation spending in North Carolina by $200 million per year for five years; and (3) for the State to provide more operational funding for schools. Vice Chairman Juba asked Board members to send their goals to her by e- mail so they can be forwarded to the NCACC by Friday, September 29, 2006. (G-6) Fifth Amendment to Purchase and Sale Agreement between Cabarrus County and Allen Craven, LLC, for the former Cabarrus Bank/First Union Building Upon completion of an upset bid process for the sale of the former Cabarrus Bank/First Union Building in August 2005, the Board entered into a Purchase and Sale Agreement with Allen Craven, LLC on August 15, 2005. In order for Mr. Craven to complete his work necessary to conclude the transaction, a Fifth Amendment to the Purchase and Sale Agreement has been requested. This Amendment would extend the due diligence date 510 days and the closing date 540 days from the effective date of the Agreement. John Day, County Manager, reported the interested buyer is still working with Wachovia to arrange the rerouting of traffic at the drive-thru teller window to allow a different use at the back of the building. He said if this issue is not resolved, the building will not sell. He further reported he met with Wachovia and the interested party, and the group is making progress. Chairman Carruth expressed a desire to grant the County Manager authority to extend the Due Diligence period and Closing Dates of the contract as needed. Commissioner Carpenter asked to recused from the vote due to her employment with Wachovia. UPON MOTION of Chairman Carruth, seconded by Vice Chairman Juba with Chairman Carruth, Vice Chairman Juba and Commissioners Freeman and Privette voting for, the Board recused Commissioner Carpenter from the vote. UPON MOTION of Commissioner Privette, seconded by Commissioner Freeman with Chairman Carruth, Vice Chairman Juba and Commissioners Freeman and Privette voting for and Commissioner Carpenter abstaining, the Board approved the Fifth Amendment to the Purchase and Sale Agreement by and between Cabarrus County and Allen Craven, LLC and authorized the County Manager to execute the Amendment, subject to review by the County Attorney. Further, the Board authorized the County Manager to enter into additional extensions of the Due Diligence and Closing Dates of the contract with Allen Craven, LLC so long as the County Manager perceives that the contract is still viable. Scheduling of Recessed Meeting