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<br />December 19, 2005 - Regular Meeting <br /> <br />Page <br /> <br />451 <br /> <br />granted to the County Manager and County Attorney to conclude the <br />negotiations and execute the agreement. <br /> <br />(H-4) Request by Allied Waste Services (BFI) to Implement Fuel Recovery Fee <br />of Five Percent on Each Residential Customer Effective January 1, 2006 <br /> <br />Linda Ashendorf with Allied Waste Services (BFI) briefly reviewed the <br />company's request for a fuel recovery fee of five percent on each residential <br />customer beginning January 1, 2006. She stated the company had experienced a <br />60 percent fuel increase since February. The requested increase would add 59 <br />cents to each customer's invoice per month in addition to the 55 cents per <br />month increase for the Consumer Price Index (CPI). If approved, the new rate <br />would be $12.93 per month per residence. <br /> <br />UPON MOTION of Commissioner Privette, seconded by Commissioner <br />Carpenter and unanimously carried, the Board denied the request by Allied <br />Waste Services (BFI) to implement a fuel recovery fee of five percent on each <br />residential customer. <br /> <br />(H-S) Consent Agreement for the Brookda1e Townhouse Project <br /> <br />Jonathan Marshall, Commerce Director, presented information on <br />construction phasing and student generation estimates for the Brookdale <br />Townhouse project off Rocky River Road. Seventy-two multi-family units on <br />approximately 8.63 acres are part of a planned unit development district <br />approved by the Town of Harrisburg on October 14, 2002. The project is to be <br />phased with 36 town homes available for occupancy in 2006 and 36 in 2007. <br /> <br />UPON MOTION of Commissioner Privette, seconded by Commissioner <br />Carpenter and unanimously carried, the Board approved the Consent Agreement <br />between Cabarrus County and Mega Builders, LLC for the Brookdale Townhouse <br />project as included in the Agenda and including the payment of $1,331.00 per <br />unit to advance school adequacy; and authorized the County Manager to execute <br />the Consent Agreement. <br /> <br />(H-6) Amendment of the Christenbury Consent Agreement <br /> <br />Jonathan Marshall, Commerce Director, reported the Board previously <br />approved a Consent Agreement with the Clarke Creek Land Company that included <br />provisions for a contribution towards the Christenbury Parkway project up to <br />$200,000.00. The Christenbury family has increased its contribution to <br />$400,000.00 to cover expected cost increases in the road project that adjoins <br />the property. He proposed that the Consent Agreement be modified to increase <br />the contribution from $200,000.00 to $400,000.00 for the road project. <br /> <br />UPON MOTION of Commissioner Privette, seconded by Commissioner Freeman <br />and unanimously carried, the Board approved the amended Consent Agreement <br />between Cabarrus County and Clarke Creek Land Company, LLC, as included in <br />the Agenda, with the contribution towards the Christenbury Parkway project <br />increased up to $400,000.00; and authorized the County Manager to execute the <br />Consent Agreement. <br /> <br />(H-7) Transfer and Assignment of Bridge pointe Consent Agreement <br /> <br />Jonathan Marshall, Commerce Director, presented an "Assignment and <br />Assumption of Development Agreement" for the transfer and assignment of the <br />Bridge Pointe Consent Agreement from Touche, LLC to Parker & Orleans <br />Homebuilders, Inc. He explained that Section 3 of the Consent Agreement <br />allowed a developer to transfer and assign any portion of the agreement, <br />provided certain conditions are met, and required the County be notified of <br />the transfer. He recommended the transfer and assignment be approved and <br />suggested the Board may wish to allow staff to approve this type of agreement <br />in the future as the transfer is expressly permitted in the Consent Agreement <br />if the conditions are met. <br /> <br />UPON MOTION of Commissioner Juba, seconded by Commissioner Privette and <br />unanimously carried, the Board approved the "Assignment and Assumption of <br />Development Agreement" by and between Cabarrus County, Touche, LLC, and <br />Parker & Orleans Homebuilders, Inc. for the Bridge Point Developmenti and <br />authorized the County Manager to execute the document on behalf of Cabarrus <br />County. <br /> <br />By consensus, the Board agreed to allow staff to permit the transfer of <br />Consent Agreements when all conditions are met. <br />