BC 2010 02 26 Board Retreat - Laserfiche WebLink

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February 26, 2010 (Board Retreat) Page 1823 The County Commissioners for Cabarrus County met in recessed session for a planning retreat on Friday, February 26, 2010 at 4:00 p.m. at Camp T.N. Spencer, Helms Hall, 3155 Foxford Road, in Concord, North Carolina. Present - Chairman: H. Jay White, Sr. Vice Chairman: Elizabeth F. Poole Commissioners: Grace M. Mynatt Robert Carruth Coy C. Privette Also present were: Richard M. Koch, County Attorney; John Day, County Manager; Pam Dubois, Deputy County Manager, Aimee Hawkins, Communications and Outreach Manager and Kay Honeycutt, Clerk to the Board. Members of the media were also present. Call to Order Chairman White called the meeting to order at 4:10 p.m. Approval of Agenda UPON MOTION of Commissioner Privette, seconded by Vice Chairman Poole and unanimously carried, the Board approved the agenda as presented. Adequate Public Facilities Ordinance (APFO) - Discussion At the request of the Board, Richard M. Koch, County Attorney, provided an update on the status the following APFO litigation: Lanvale, Mardan X and Craft - These are the three lawsuits filed by the developers and the intervenor, CCBIA (Cabarrus County Building Industry Association), challenging the legal validity of the APFO. In August, 2009, Judge David Lee invalidated the ordinance as to these three developers on their three respective projects only. That decision has been appealed to the North Carolina Court of Appeals. The County's brief is due March 10, 2010. Craft and many other developers - This lawsuit seeks refund of APFO voluntary mitigation payments (VMP) made and to be made in the future. More plaintiffs are being added. A motion to add nine (9) additional plaintiffs is scheduled for hearing in Superior Court on March 15, 2010. Crescent Resources - This lawsuit is a hybrid of the cases listed above. In behalf of the two plaintiffs on two apartment projects, the plaintiffs seek an order invalidating the APFO and directing the refund of VMP already made. The County filed an answer on January 5, 2010. We are negotiating a stay of this case pending the outcome of the above cases. Mr. Koch responded to questions from the Board. He also addressed ongoing efforts of Wachovia Bank to receive credit for voluntary mitigation payments paid by the original developer of the Mills at Rocky River subdivision project, which was foreclosed upon by the Bank some time ago. He reported a consent agreement with Wachovia was never signed due to the foreclosure and that the Board will need to take some action on this issue in the future. Mr. Koch also identified certain APFO topics that could be discussed in open session and those that should be discussed in closed session. Closed Session - Discussion of Threatened or Pending Litigation (APFO) UPON MOTION of Commissioner Mynatt, seconded by Commissioner Carruth and unanimously carried, the Board moved to go into closed session as authorized by N.C.G.S. 143.318-11(a)(3) to discuss threatened or pending litigation. Members of the media and the Communications Manager were excused from the meeting. UPON MOTION of Commissioner Carruth, seconded by Commissioner Privette and unanimously carried, the Board moved to come out of closed session at 5:31 p.m.