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March 21, 2005 (Regular Meeting) Page 129 Mr. Marshall reviewed the County's practice of accepting some type of contribution (e.g., land for school, sewer line, direct cash, etc.) to address school inadequacies. The practice began in 1998 when the developer of the Highland Creek Subdivision contributed $400,000.00 toward the purchase of a school site. Initially, the Planning and Zoning Commission would deny a subdivision and it would be appealed to the Board. If the school adequacy issue could be addressed, the Board would approve the subdivision and enter into a Consent Agreement with the developer. In January 2003, the Planning and Zoning commission began to approve developments that met all technical requirements with the condition that the developer enter into a Consent Agreement with the Board to address school facility needs. Mr. Marshall stated the Planning and Zoning Commission denied the Wellington Chase Subdivision from both a technical standpoint and adequate public facilities. Cabarrus County School Board Chair Liz Poole responded to questions regarding the language of Mr. Kluttz's school capacity letter for Wellington Chase as compared to previous letters. She explained that Mr. Kluttz was trying to address more specific areas versus the county-wide capacity for schools. Also, she reported plans by the schools to begin updating its Fifteen-Year Facility Plan on a six-month basis rather than annually. Mr. Day reported the adequate public facilities ordinance simply states that a development may not be permitted unless there are adequate public facilities to support it. He stated there are two ways to deal with the ordinance: denying the development until there are adequate facilities such as schools in this case, or allowing the developer to advance adequacy. Mr. Day also questioned the potential for problems that could be raised as a result of the Board's change in practice and suggested some research in the legal issues of the case. Mr. Hartsell responded to questions regarding the adequate public facilities ordinance, including the 2004 legislation that extended school adequacy review to the cities. He also addressed issues related to changing the practice related to the approval of subdivisions. UPON SUBSTITUTE MOTION of Vice Chairman Carruth, seconded by Commissioner Juba with vice Chairman Carruth, Commissioner Juba and Chairman Carpenter voting for and commissioners Freeman and Privette voting against, the Board tabled the appeal of the Wellington Chase Subdivision C05-06 (S) until the regular meeting in April. (G-5) Proposed Restructuring of the Cabarrus County Planning and Zoning Commission vice Chairman Carruth presented the proposal to modify the manner in which members are appointed to the Planning and Zoning Commission. Members would be changed from township representatives to district representatives based on established planning areas of Cabarrus County. Items for consideration included: zoning text changes, an appointment policy for Planning and Zoning Commission membership, a map of the county planning areas, a list of current commission members indicating the districts they now represent and the proposed district in which they reside, and the populations of the current districts and the proposed districts. UPON MOTION of Vice Chairman Carruth, seconded by Commissioner Privette and unanimously carried, the Board voted to forward the proposed modifications to the Planning and Zoning Commission for review and comments. (G-6) Offer for the Purchase of County Property Mr. regarding Building. session. Day reported he would be meeting with the interested parties offers on the former fairgrounds property and the First Union Further information will be presented at the April 4th work (H) APPOINTMENTS TO BOARDS AND COMMITTEES (H-l) Juvenile Crime Prevention Council UPON MOTION of Commissioner Privette, seconded by Chairman Carpenter and unanimously carried, the Board made the following appointments to the Juvenile Crime Prevention Council as recommended by the Council: At-large- Sonya Schmid, Roger Suclupe, Marian Thompson and Terri Stancil (replacing Janice Carty); Mental Health - Stephan Tomlinson; Student - Ashley Green; Faith Based Ronald Bushey; and County Manager (Designee) Marguerite Barrett (replacing Cathie Straub). All terms will end June 30, 2005.