Articles

Cabarrus County Agenda Meeting 11-2-09

September 22, 2019


CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. CALL TO ORDER BY THE CHAIRMAN PRESENTATION OF COLORS AIR FORCE JROTC
MT. PLEASANT HIGH SCHOOL INVOCATION REVEREND JIM HOOD
KERR STREET UNITED METHODIST CHURCH A. APPROVAL OR CORRECTION OF MINUTES
1. Approval or Correction of Meeting Minutes B. APPROVAL OF THE AGENDA C. RECOGNITIONS AND PRESENTATIONS
1. Human Resources – Recognition of Deputy David Blackwelder on His
Retirement from Cabarrus County D. INFORMAL PUBLIC COMMENTS (Each speaker
is limited to 3 minutes) E. OLD BUSINESS
1. County Manager – New Governmental Office Complex – Update Page 1
F. CONSENT AGENDA (Items listed under Consent are generally
of a routine nature. The Board may take action to approve/disapprove all items
in a single vote. Any item may be withheld from a general action, to be discussed
and voted upon separately at the discretion of the Board.) 1. Cabarrus Arena & Events Center – Approval
of SMG Management Incentives for FY 2009
2. Commerce – Purchase of Right-of-Way by NCDOT
3. County Manager – Approval of Time Warner’s Request to Extend Existing
Fiber Optic Conduit/Cable on the Concord Library Property
4. Finance – Budget Amendment (Uncompleted Project from FY 2009 –
$15,725, Mt. Pleasant Library Expansion – Architect Design)
5. Finance – Correction of Property Easement for AT Allen Replacement
Elementary School (Norris Barringer $6,213.60) 6. Finance – For Accounting Purposes Only
– Combine School Construction Projects into One Fund for Tracking Purposes,
Close Out Completed or Canceled Projects in the School Construction
Fund, and Close Out the $98 Million Bond Fund and Transfer Excess
Funds to the General Fund for Payment of Debt Service as Directed by
the Project Ordinance 7. Finance – Property Easements for the AT
Allen Replacement Elementary School – $6,724.80
8. Landfill – Budget Amendment – Transfer of Asset to Landfill from General
Services ($19,143) 9. Parks Department – Approval of Grant Application
Requests for Southeast Park
10. Sheriff’s Office – Budget Amendment – (Appropriation of Grant Funding for
the NC Governor’s Highway Safety Program – $110,345) 11. Solid Waste – Adoption of a Resolution
Approving the Cabarrus County Construction and Demolition (C and D) Landfill
Expansion 12. Tax Administration – Refund and Release
Report – October 2009 G. NEW BUSINESS
1. Commerce – Proposed Habitat Project and Presentation from the
Lawrence Group 2. EDC – Incentive Grant Request for SMB Solar,
Inc. and Public Hearing – 6:30 P.M.
3. Commerce – Consent Agreement for the West Oaks Subdivision Project
4. Commerce – Request to Permit Connection to Public Sewer
5. Commerce – Request for Revision of Consent Agreement for Waterford
on the Rocky River Subdivision 6. Commerce Department – Proposed Text Amendment
– TEXT2009-00011 – Proposed Changes to Chapter 4 Part II – Waterbody
Buffer Zone & Public Hearing
Page 2 7. Commerce Department – Proposed Text Amendment
TEXT2009-00009- Female Chickens (Limited Number) in LDR and
MDR Zoning Districts and Public Hearing – 6:30 P.M.
8. Commerce Department – Proposed Text Amendment TEXT2009-00008-
Chapter 5- District Development Standards and Appendix B, Commercial
Design Standards and Public Hearing – 6:30 P.M.
9. County Manager – Fleet Policy – Convert Policy from Board-Approved
Policy to Administrative Policy 10. Finance – Presentation of the Fiscal Year
2009 Comprehensive Annual Financial Report
11. Finance – Required Public Hearing and Resolution Relating to QSCB’s
(Qualified School Construction Bonds) for Kannapolis City Schools
Projects (Roof Replacement and HVAC Replacement and
Repairs) Totaling $2,105,434.99 12. Parks Department – Carolina Thread Trail
Greenway Masterplan 13. Parks Department – Name Proposal for the
New Park in Southeast Cabarrus County
14. BOC – Discussion on Cap and Trade Issues H. APPOINTMENTS TO BOARDS AND COMMITTEES
1. Appointments – Juvenile Crime Prevention Council I. REPORTS
1. Request for Applications to County Boards/Committees 2. Tourism Authority – Report on Cabarrus
County Tourism Authority’s 1st Quarter 2009/2010 Activities
J. GENERAL COMMENTS BY BOARD MEMBERS K. WATER & SEWER DISTRICT OF CABARRUS COUNTY L. CLOSED SESSION M. ADJOURN IN ACCORDANCE WITH ADA REGULATIONS, ANYONE
WHO NEEDS AN ACCOMMODATION TO PARTICIPATE IN THE MEETING
SHOULD NOTIFY THE ADA COORDINATOR AT 704-920-2100 AT LEAST FORTY-EIGHT
(48) HOURS PRIOR TO THE MEETING. Scheduled Meetings:
Page 3 Note: The Harrisburg LUP Educational Sessions
for Elected and Appointed Officials is scheduled for Tuesday, November 10, 2009 at
5 p.m. in the BOC Meeting Room located in the Governmental Center.
November 16, 2009 Reg. Meeting 6:30 p.m. BOC Meeting Room
December 7, 2009 Work Session 3:30 p.m. Multipurpose Room
December 21, 2009 Reg. Meeting 6:30 p.m. BOC Meeting Room Page 4 CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Approval or Correction of Minutes SUBJECT:
Approval or Correction of Meeting Minutes BRIEF SUMMARY:
The following meeting minutes are attached for correction or approval: October 5, 2009 (Agenda Work Session)
October 19, 2009 (Regular Meeting) REQUESTED ACTION:
Motion to approve the aforementioned meeting minutes as written. EXPECTED LENGTH OF PRESENTATION:
1 Minute SUBMITTED BY:
Cynthia Young, Deputy Clerk to the Board BUDGET AMENDMENT REQUIRED:
No COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: A-1 Page 5
CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Recognitions and Presentations SUBJECT:
Human Resources – Recognition of Deputy David Blackwelder on His
Retirement from Cabarrus County BRIEF SUMMARY:
After 28 years of service to Cabarrus County and its citizens, Deputy
David Blackwelder retired on September 30, 2009 from his position as a
Deputy Sheriff of the Sheriff’s Department. Sheriff Brad Riley will be
present to recognize Deputy Blackwelder on his retirement. REQUESTED ACTION:
Recognize Sheriff Riley to present a plaque to Deputy Blackwelder.
Commend Deputy Blackwelder for his many years of service to the
citizens of Cabarrus County. EXPECTED LENGTH OF PRESENTATION:
1 Minute SUBMITTED BY:
Don Cummings, Human Resources Director BUDGET AMENDMENT REQUIRED:
No COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS:
C-1 Page 6 This item was approved by the Board for inclusion
on the Agenda. C-1 Page 7 CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Old Business SUBJECT:
County Manager – New Governmental Office Complex – Update BRIEF SUMMARY:
Mike Downs, Deputy County Manager, will provide an update on potential
sites for the new Governmental complex. REQUESTED ACTION:
Receive information and provide direction to staff. EXPECTED LENGTH OF PRESENTATION:
10 Minutes SUBMITTED BY:
Mike Downs, Deputy County Manager BUDGET AMENDMENT REQUIRED:
No COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: E-1 Page 8
CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Consent Agenda SUBJECT:
Cabarrus Arena & Events Center – Approval of SMG Management Incentives
for FY 2009 BRIEF SUMMARY:
Based on the Management Agreement (Section 4) and the Food and
Beverage Services Agreement between the county and SMG, SMG is entitled
to the following incentive payments: Management Agreement: Quantitative Incentive
Fee $ 45,490.00 Qualitative Incentive Fee $ 22,562.00
Food & Beverage Services: Quantitative Incentive Fee $ 81,453.00
TOTAL INCENTIVE FEE (FY2009) $149,505.00 REQUESTED ACTION:
Motion to authorize payment of incentives due to SMG for FY 2009 and adopt
related budget amendment. EXPECTED LENGTH OF PRESENTATION: SUBMITTED BY:
MIke Downs, Deputy County Manager BUDGET AMENDMENT REQUIRED:
Yes COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS:
F-1 Page 9 BUDGET AMENDMENT:
Date: 10/26/2009 Amount: $149,505.00 Dept. Head: Mike Downs Department: Deputy
County Manager þ Internal Transfer Within Department¨ Transfer
Between Departments/Funds ¨ Supplemental Request
Purpose: This budget amendment is to appropriate funds
for the performance incentives per the management agreement between the County and SMG.
The agreement outlines incentives to be received by SMG when certain performance thresholds
are met. Account Number Account Name Approved Budget
Inc Amount Dec Amount Revised Budget 42098310-9404 Performance Incentives $0.00
$68,052.00 $68,052.00 42098310-9404-FSVC Perf Incent – Food Ser
$0.00 $81,453.00 $81,453.00 42068310-6901 FB Appropriated $0.00 $149,505.00
$149,505.00 Total $0.00 $299,010.00 $0.00 $299,010.00 ATTACHMENTS
Supplemental Information Budget Amendment
F-1 Page 10 Attachment number 1
F-1 Page 11 Attachment number 1
F-1 Page 12 Attachment number 1
F-1 Page 13 Attachment number 1
F-1 Page 14 Attachment number 1
F-1 Page 15 CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Consent Agenda SUBJECT:
Commerce – Purchase of Right-of-Way by NCDOT BRIEF SUMMARY:
NCDOT has submitted an offer to purchase .02 acres of property from
Cabarrus County for property located off Cabarrus Avenue. The right-ofway
purchase is necessary for the planned bridge replacement on
Cabarrus Avenue over the Southern Railway (project B-3421). They have
offered $350 for the property which is a value of $17,500 per acre. The
County will also benefit from this project, however, by gaining legal access
to Cabarrus Avenue for the subject property which we have not been able
to obtain to date. REQUESTED ACTION:
Motion to approve the sale of .02 acres of right-of-way to NCDOT and
authorize the County Manager and County Attorney to complete the
transaction. EXPECTED LENGTH OF PRESENTATION: SUBMITTED BY:
Jonathan B. Marshall, Commerce Director BUDGET AMENDMENT REQUIRED:
No COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: F-2 Page 16 ATTACHMENTS
Map of County property Summary Statement/Offer
F-2 Page 17 CABARRUS AVE W
CORBAN AVE SW POWDER ST NW
CASCADE DR NW RAMDIN CT NW
GOLD ST NW VALLEY ST NW
BAY AVE NW POWDER ST SW
HOWERTON AVE NW SCOTT ST SW
BAY CT NW GOLD ST SW
CRANFORD PL SW Cabarrus County
Owned Property Cabarrus County shall not be held liable for
any errors in these data. This includes errors
of omission, commission, errors concerning the content
of the data, and relative and positional accuracy
of the data. These data cannot be construed to be a legal
document .Primary sources from which these data
were compiled must be consulted for verification of
information contained within the data. Map Prepared by Cabarrus County Planning Services,
October 2009. ´
160 80 0 160 Feet Legend
Tax Parcel Streets
Railroad County Owned Property
Attachment number 1 F-2 Page 18
Attachment number 2 F-2 Page 19
CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Consent Agenda SUBJECT:
County Manager – Approval of Time Warner’s Request to Extend Existing
Fiber Optic Conduit/Cable on the Concord Library Property BRIEF SUMMARY:
Time Warner Cable (TWC) has requested to extend the existing fiber optic
conduit/cable currently located on the Concord Library property. They are
proposing to extend the current line an additional 66 feet and install a new
24″ x 36″ vault to enhance their service capabilities for their Verizon
Wireless account that currently has communication equipment attached to
the Concord Water Tower adjacent to this site. TWC has offered to
relocate the county’s existing fiber connection and provide a new 14′ x 24″
vault on the exterior of the library for the county’s use and to facilitate the
upfit of the loading dock area. A diagram of the proposed work is
included. REQUESTED ACTION:
Motion to approve the aforementioned request and grant Time Warner
Cable (TWC) permission to complete the work as described above. EXPECTED LENGTH OF PRESENTATION: SUBMITTED BY:
Mike Downs, Deputy County Manager BUDGET AMENDMENT REQUIRED:
No F-3 Page 20 COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: ATTACHMENTS
Easement and ROW Illustration
F-3 Page 21 Attachment number 1
F-3 Page 22 Attachment number 1
F-3 Page 23 Attachment number 2
F-3 Page 24 CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Consent Agenda SUBJECT:
Finance – Budget Amendment (Uncompleted Project from FY 2009 – $15,725,
Mt. Pleasant Library Expansion – Architect Design) BRIEF SUMMARY:
The Mt. Pleasant Library expansion project for schematic drawings was
inadvertently left off the September agenda of uncompleted projects from FY
2009. This budget amendment appropriates fund balance and transitions this
project to FY 2010. REQUESTED ACTION:
Motion to adopt budget amendment. EXPECTED LENGTH OF PRESENTATION: SUBMITTED BY:
Kalesha Kennedy, Budget & Performance Manager BUDGET AMENDMENT REQUIRED:
Yes COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: BUDGET AMENDMENT:
11/16/2009 Amount: $15,725 F-4 Page 25 Dept. Head: Pamela Dubois Department: Finance
¨ Internal Transfer Within Departmentþ Transfer Between Departments/Funds þ Supplemental
Request Purpose:
Fund balance appropriation from the General Fund for the on-going Mt. Pleasant Library
Expansion project from FY 2008-09 Account Number Account Name Approved Budget
Inc Amount Dec Amount Revised Budget 00161710-6901 GenFund-FundBalApprop $1,895,031.21
$15,725.00 $1,910,756.21 00198220-9607 Architects $0.00 $15,725.00
$15,725.00 $0.00
$0.00 Total ATTACHMENTS
Lorenz Architecture Invoice F-4 Page 26
Attachment number 1 F-4 Page 27
CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Consent Agenda SUBJECT:
Finance – Correction of Property Easement for AT Allen Replacement
Elementary School (Norris Barringer $6,213.60) BRIEF SUMMARY:
Due to an oversight, the $5,786.40 requested by the Cabarrus County
Board of Education for the Construction and Utility Easement for Norris
Barringer and approved by the Cabarrus County Board of Commissioners
on October 19, 2009, is incorrect. The correct amount of the easement
is $12,000. It is requested that the difference of $6,213.60 be approved
to correct the error. The Board of Education is scheduled to approve
this amount at its November 9, 2009 meeting and requests the
Commissioners approve the additional payment out of the AT Allen
Replacement Elementary School land budget. REQUESTED ACTION:
Motion to approve the additional payment of $6,213.60 for a property
easement between the Cabarrus County Board of Education and the
landowner, Norris Barringer, subject to approval by the Board of
Education. EXPECTED LENGTH OF PRESENTATION: SUBMITTED BY:
Len Witke, Cabarrus County Schools BUDGET AMENDMENT REQUIRED:
No F-5 Page 28 COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: ATTACHMENTS
N. Barringer Easement F-5 Page 29
Attachment number 1 F-5 Page 30
Attachment number 1 F-5 Page 31
Attachment number 1 F-5 Page 32
CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Consent Agenda SUBJECT:
Finance – For Accounting Purposes Only – Combine School Construction
Projects into One Fund for Tracking Purposes, Close Out Completed or
Canceled Projects in the School Construction Fund, and Close Out the $98
Million Bond Fund and Transfer Excess Funds to the General Fund for
Payment of Debt Service as Directed by the Project Ordinance BRIEF SUMMARY:
1) The 2009 School Construction Fund (funded through Capital Reserve) was
established to pay engineering, architects, and land acquisition costs before
the 2009 Certificates of Participation (COPS) were sold. For accounting and
tracking purposes, it is requested that the 2009 School Construction Fund
and the 2009 COPS Funds be merged for the following projects: AT Allen
Elementary, Hickory Ridge Middle, Patriots Elementary, Harold Winkler
Middle, and School Directed Expenses. Wing additions at Charles E. Boger
and Carl A. Furr will remain in the 2009 School Construction Fund, and will
be completed and closed out during the 2010 fiscal year. The 2009 COPS
Fund was established with a budget amendment at the July 20, 2009 Board
of Commissioners meeting. However, the associated Project Ordinance was
inadvertently omitted; an updated Project Ordinance is
presented for approval. The amount of funds to be combined total
$1,674,404.38. 2) A budget adjustment is requested for the
School Construction Fund and the Public School Building Capital Fund to
address the following issues: (1) An elementary school in the Northwest Area
will not be built at the present time. (2) Funds remain after the land was
purchased for a new Kannapolis city school. (3) Interest has been earned
that was not budgeted. And, (4) A small adjustment is needed to the Public School
Building Capital Fund to match actual project balances. The amount
of funds to be adjusted total F-6 Page 33
$257,038.01. 3) The $98 Million General Obligation School
Bond Fund projects have been completed. It is requested that the Fund be
closed and excess funds totaling $22,795.14 be transferred to the General Fund
for payment of debt services as directed by the project ordinance. A budget
amendment is included for approval. REQUESTED ACTION:
1) Motion to approve the merger of the 2009 School Construction Fund and
the 2009 COPS Fund; and, adopt the related budget amendment
and the 2009 COPS Project Ordinance. 2) Motion to adopt the budget amendment for
the School Construction Fund and the Public School Building Capital Fund. 3) Motion to approve the closure of the $98
Million General Obligation School Bond Fund and adopt the related budget amendment. EXPECTED LENGTH OF PRESENTATION: SUBMITTED BY:
Susan B. Fearrington, Assistant Finance Director BUDGET AMENDMENT REQUIRED:
Yes COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: BUDGET AMENDMENT:
Date: 10/12/2009 Amount: $1,674,404.38 Dept. Head: Susan B. Fearrington Department:
Finance 2009 School Construction Fund ¨ Internal Transfer Within Department¨ Transfer
Between Departments/Funds þ Supplemental Request
Purpose: The 2009 School Construction Fund (funded
through Capital Reserve) was established to pay Engineer, Architect, and Land Acquisition
costs before the COPS 2009 were sold. For accounting
and tracking purposes, we will now merge the 2009 School Construction Fund into the COPS
2009 Fund for the following projects: AT Allen Elementary, Hickory Ridge Middle, Patriots
Elementary, Harold Winkler Middle, and School Directed Expenses. Wing additions at Charles
E. Boger and Carl A Furr will remain in the 2009 School Construction Fund and will be
completed and closed out during the 2010 fiscal year.
Account Number Account Name Approved Budget Inc Amount Dec Amount Revised Budget
36697311-9606 Engineers – AT Allen $51,500.00 $5,058.50 $46,441.50
36697311-9607 Architects – AT Allen $52,000.00 $29,768.53 $22,231.47
36697311-9801 Land Acq – AT Allen $909,105.00 $92.92 $909,012.08
F-6 Page 34 36697329-9606 Engineers – HRMS $26,000.00
$4,303.20 $21,696.80 36697329-9607 Architects – HRMS $67,000.00
$9,115.00 $57,885.00 36697329-9801 Land Acq – HRMS $1,500.00 $550.00
$950.00 36697329-9849 Site Develop – HRMS $438,000.00
$40,104.63 $397,895.37 36697330-9606 Engineers – Patriots $26,000.00
$5,522.50 $20,477.50 36697330-9607 Architects – Patriots $60,000.00
$41,836.93 $18,163.07 36697330-9801 Land Acq – Patriots $2,196,823.00
$389,575.48 $1,807,247.52 36697333-9606 Engineers – Winkler $400,000.00
$283,136.25 $116,863.75 36697333-9607 Architects – Winkler $1,000,000.00
$307,283.63 $692,716.37 36697333-9801 Land Acq – Winkler $2,660,000.00
$611,900.00 $2,048,100.00 36690000-9447 School Directed Exp $123,710.00
$53,843.19 $0.00 $177,553.19 36660000-6921 Cont from Cap Reserve $11,922,005.00
$1,674,404.38 $10,247,600.62 $0.00
36597311-9606 Engineers – AT Allen $50,000.00 $5,058.50 $55,058.50
36597311-9607 Architects – AT Allen $223,035.00 $29,768.53 $252,803.53
36597329-9606 Engineers – HRMS $131,180.00 $4,303.20 $135,483.20
36597329-9607 Architects – HRMS $0.00 $9,115.00 $9,115.00
36597329-9801 Land Acq – HRMS $0.00 $550.00 $550.00
36597329-9849 Site Dev – HRMS $0.00 $40,104.63 $40,104.63
36597330-9606 Engineers – Patriots $87,000.00 $5,522.50 $92,522.50
36597330-9607 Architects – Patriots $199,035.00 $41,836.93 $240,871.93
36597330-9801 Land Acq – Patriots $50,000.00 $389,575.48 $439,575.48
36597333-9606 Engineers – Winkler $0.00 $283,136.25 $283,136.25
36597333-9607 Architects – Winkler $0.00 $307,283.63 $307,283.63
36597333-9801 Land Acq – Winkler $0.00 $558,149.73 $558,149.73
36590000-9609 COPS 2009 Legal $760,074.88 $53,750.27 $706,324.61
36597333-9801 Land Acq – Winkler $0.00 $53,750.27 $53,750.27
36560000-6921 Cont from Capital Res $0.00 $1,674,404.38 $1,674,404.38
Total Date: 10/14/2009 Amount: $257,038.01
Dept. Head: Susan B. Fearrington Department: Finance – School Construction
¨ Internal Transfer Within Department¨ Transfer Between Departments/Funds þ Supplemental
Request Purpose:
Adjustments to the School Construction Fund are being made to 1)write off the budget for
the cancelled project for an Elementary School in the
Northwest Area and return excess funds to the Capital Reserve Funds for use on future
projects, 2) reduce the land budget to actual for a New
School for Kannapolis City Schools and return these funds to the General Fund, and 3) to
budget earned investments and return excess funds
to the Capital Reserve Funds for use on future projects. Adjustment of $565 is being made
to the Public School Building Capital Fund to reduce
the budget to actual project balances. Account Number Account Name Approved Budget
Inc Amount Dec Amount Revised Budget 36460000-6705 Interest on Investment $662,540.00
$257,602.71 $920,142.71 36460000-6707-2008A 2008A Premium $2,163,237.00
$0.45 $2,163,236.55 36460000-6707-2008B 2008B Premium $433,244.00
$0.75 $433,244.75 36460000-6910 Contr fr Cap Proj Fd $2,182,415.00
$565.00 $2,181,850.00 F-6 Page 35 36490000-9707 Contr to Capital Reser $0.00
$254,796.96 $254,796.96 3649000-9704 Cont to General Fund $0.00 $2,241.05
$2,241.05 36497331-9606 Engineers-NW Area Elem $118,264.00
$118,264.00 $0.00 36497331-9607 Architect-NW Area Elem $582,500.00
$579,000.00 $3,500.00 36497410-9801 Land-New Kann Sch $2,902,000.00
$18,172.44 $2,883,827.56 36490000-9707 Contr to Capital Reser $0.00
$697,264.00 $697,264.00 36490000-9704 Cont to General Fd $0.00 $18,172.44
$18,172.44 $0.00
32067210-6444 Lottery Proceeds $8,371,996.64 $565.00 $8,371,431.64
32097210-9708 Cont to Cap Proj Fd $11,114,898.09 $565.00 $11,114,333.09
Total Date: 10/22/2009 Amount: $22,795.14
Dept. Head: Pamela S. Dubois Department: Finance ¨ Internal Transfer Within Department¨ Transfer
Between Departments/Funds þ Supplemental Request
Purpose: To close out Fund 363, $98 Million Dollar
Bond Fund for the construction of School Facilities and transfer the remaining funds to the General
Fund. Account Number Account Name Approved Budget
Inc Amount Dec Amount Revised Budget 36360000-6702 Interest on Investment $633,654,125.65
$21,735.36 $633,675,861.01 36360000-6406 Sales Tax Refund $720.00 $0.58
$719.42 $0.00
36390000-9862 Technology $148,961.67 $0.01 $148,961.66
36397308-9860 Equipment & Furn $330,844.76 $42.13 $330,802.63
36397325-9820 Construction $10,445,804.29 $787.90 $10,445,016.39
36397326-9820 Construction $10,783,393.38 $230.32 $10,783,163.06
36390000-9704 Contribution to Genera $845,000.00 $22,795.14 $867,795.14
Total ATTACHMENTS
COPS 2009 Project Ordinance F-6 Page 36
CERTIFICATES OF PARTICIPATION (COPS) 2009 CAPITAL PROJECT ORDINANCE
BE IT ORDAINED, by the Board of County Commissioners of the
County of Cabarrus, North Carolina that, pursuant to Section 13.2
of Chapter 159 of the General Statutes of North Carolina, the
following capital project ordinance is hereby adopted:
Section 1. The project authorized is for the construction
and renovations of Public Schools as referenced in Section 3.
The capital projects will be financed by Certificates of
Participation. Section 2. The officers of this unit are hereby
directed to proceed with this capital project within
the terms of the Certificates of Participation and the terms
contained in this project ordinance.
Section 3. The following budgeted amounts are appropriated
for the projects: AT Allen Elementary School $ 14,874,375
Patriots Elementary School 14,150,582 Hickory Ridge Middle School 23,229,103
Harold Winkler Middle School 25,589,855 AL Brown High High School 10,449,532
Legal and Debt Expenses 10,460,177 Total $ 98,753,624
Section 4. The following revenues are anticipated to be
available to complete this project: Proceed from COPS 85,170,000
Contribution – Capital Projects Fund (Lottery) 5,639,943
Contribution – Special Revenue Fund (APFO Fees) 3,976,694
Premium on Debt Issue 2,292,583 Capital Reserve 1,674,404
Total $ 98,753,624 Section 5. The Finance Officer is hereby directed
to maintain within the Capital Project Fund sufficient
detailed accounting records to satisfy the terms of
debt financing resolution.
Section 6. Funds may be advanced from the General Fund for
the purpose of making payments as due. Reimbursement requests
should be made to the grantor agencies in an orderly and timely
manner. Section 7. The Finance Officer is directed
to report, at the request of the Board, on the financial
status of each project element in Section 3 and on the total revenues
received or claimed.
Section 8. Copies of this capital project ordinance shall
be furnished to the Clerk to the Governing Board, and to the
Attachment number 1 F-6 Page 37
Budget Officer and the Finance Officer for direction in carrying
out this project. Section 9. At the completion of each individual
project, all unrestricted excess funds are transferred
to the Capital Reserve Fund and the Capital Project Ordinance
is closed. Section 10. The County Manager is hereby authorized
to transfer revenues and appropriation within
an ordinance as contained herein under the following conditions:
1. The Manager may transfer amounts between objects of
expenditures and revenues within a function without
limitation. a. The Manager may transfer amounts up to
$100,000 between functions of the same ordinance.
b. The Manager may transfer amounts between contingency
funds which are set aside for a specific project for
budgetary shortfalls or upon the appropriate approval of
a change order. c. Upon notification of funding increases
or decreases from state, federal, or previously approved grant
resources, the Manager or Finance Director may adjust
budgets to match.
d. The Manager or Finance Director may adjust debt
financing from estimated projections to actual funds
received. Prepared this 16th day of November 2009.
CABARRUS COUNTY BOARD OF COMMISSIONERS BY: _______________________
H. Jay White, Sr., Chairman ATTEST:
__________________________ Clerk to the Board
Attachment number 1 F-6 Page 38
CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Consent Agenda SUBJECT:
Finance – Property Easements for the AT Allen Replacement Elementary
School – $6,724.80 BRIEF SUMMARY:
On November 9, 2009, the Cabarrus County Board of Education (BOE) is
scheduled to approve the purchase of property easements from the
following landowners: Timothy Avett ($2,500) and Mr. & Mrs. Scott Avett
($4,224.80). The Board of Education requests the Cabarrus County
Commissioners approve the easements and pay for the easements out of
the AT Allen Replacement Elementary School land budget. REQUESTED ACTION:
Motion to approve the purchase and payment of the property easements
between the Cabarrus County Board of Education and landowners:
Timothy Avett and Mr. & Mrs. Scott Avett, subject to approval by the
Cabarrus County Board of Education. EXPECTED LENGTH OF PRESENTATION: SUBMITTED BY:
Len Witke, Cabarrus County Schools. BUDGET AMENDMENT REQUIRED:
No COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: F-7 Page 39 ATTACHMENTS
Avett Property Easements F-7 Page 40
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CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Consent Agenda SUBJECT:
Landfill – Budget Amendment – Transfer of Asset to Landfill from General
Services ($19,143) BRIEF SUMMARY:
The General Fund purchased a 2010 Ford F-150 Truck for the
Landfill/Recycling Department. The previous truck was due for replacement
as determined by the Fleet Maintenance Supervisor. For accounting
purposes, the following budget revision allows for the transfer of the truck
from the General Fund to the Proprietary Fund for capitalization purposes. In
future years, vehicle replacements for the Landfill/Recycling Department will
be budgeted in the appropriate fund for accounting and tracking purposes. REQUESTED ACTION:
Motion to adopt budget amendment. EXPECTED LENGTH OF PRESENTATION: SUBMITTED BY:
Shelley Farris, Accounting Supervisor Kevin Grant, Sustainability Manager BUDGET AMENDMENT REQUIRED:
Yes F-8 Page 67 COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: BUDGET AMENDMENT:
Date: 10/12/2009 Amount: $19,143 Dept. Head: Kyle Bilafer/Rick Payne Department:
General Services/Landfill ¨ Internal Transfer Within Departmentþ Transfer
Between Departments/Funds ¨ Supplemental Request
Purpose: This budget amendment is to transfer funds
from General Services to the Landfill/Recycling Department for the purchase of a 2010 Ford
F-150 Truck. This is necessary in order to capitalize
as a proprietary asset in the Landfill Fund. Account Number Account Name Approved Budget
Inc Amount Dec Amount Revised Budget 00191955-9863 Motor Vehicles $352,150.00 $19,143.00
$333,007.00 00191960-971015 Contribut to LF $0.00 $19,143.00
$19,143.00 $0.00
27064610-6902 Contribution from GF $0.00 $19,143.00 $19,143.00
27094620-9863 Motor Vehicles $0.00 $19,143.00 $19,143.00
$0.00 Total $352,150.00 $57,429.00 $19,143.00 $390,436.00 F-8 Page 68 CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. A
GENDA CATEGORY: Consent Agenda SUBJECT:
Parks Department – Approval of Grant Application Requests for Southeast Park BRIEF SUMMARY:
In order to expedite the development of the Southeast Park, grants will need to be secured
to pay for the amenities. There are several deadlines approaching
and the applications have to be completed soon. Approval
to complete and submit grant applications on the County’s behalf is requested. No funding
is requested at this time. Funding
Agency Grant Funding
Limit Funding
Match Application
Deadline Award Date Use of Funds To Do Bikes Belong Bikes Belong
Grant $10,000 No Specific Amount 11/23/2009 Qaurterly Bike Trail
Construction Need Support Letters
from Local Bike Businesses/Organizations
Consider Establishing a Bike Committee
NC Parks & Recreation PARTF $500,000 50% of Total
Project Cost 2/1/2010 5/10 & 7/10 Recreational
Facility Construction
See application NC Parks &
Recreation Recreational
Trails $75,000 25% TBD but likely 1/10 TBD Trail Construction
Monitor for Updated Information for Next Grant
Cycle NC Parks &
Recreation Land & Water
Conservation Fund
$250,000 50% TBD TBD Land Acquisition Monitor for Updated
Information for Next Grant Cycle
Clean Water Management
Trust Fund Greenway
/Conservation Acquisition
$3,000,000 No Specific Amount 2/1/2010 Late Summer Land Acquisition
Monitor for Updated Information for Next Grant
Cycle REQUESTED ACTION:
Motion to allow the Parks Department to compile and submit NCPRTF, LWCF, Recreational Trails,
and Bikes Belong grant applications and authoirze the
County Manager to executed all related documentation. EXPECTED LENGTH OF PRESENTATION: SUBMITTED BY:
Londa Strong, Parks Department Director BUDGET AMENDMENT REQUIRED:
No COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: F-9 Page 69
CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Consent Agenda SUBJECT:
Sheriff’s Office – Budget Amendment – (Appropriation of Grant Funding for the
NC Governor’s Highway Safety Program – $110,345) BRIEF SUMMARY:
This budget amendment appropriates funds to be received from the NC DOT
(North Carolina Department of Transportation) for the NC Governor’s
Highway Safety Program Grant Contract #K4-10-04-31. The BOC approved
this grant at its August 11, 2009 special meeting. The budget amendment
appropriates funding for the equipment portion of this grant. The remainder of
the grant is for salaries of two full-time deputies, which were already
budgeted. REQUESTED ACTION:
Motion to adopt budget amendment. EXPECTED LENGTH OF PRESENTATION: SUBMITTED BY:
Shelley Farris, Accounting Supervisor Sgt. Dennis McClure, Sheriff’s Office BUDGET AMENDMENT REQUIRED:
Yes F-10 Page 70 COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: BUDGET AMENDMENT:
Date: 10/21/2009 Amount: $110,345 Dept. Head: Sheriff Brad Riley Department:
Sheriff’s Office ¨ Internal Transfer Within Department¨ Transfer
Between Departments/Funds þ Supplemental Request
Purpose: This budget amendment is to appropriate funds
to be received from the NC DOT. This is for the NC Governor’s Highway Safety Program Grant
Contract #K4-10-04-31. This was approved by the BOC at the August 11, 2009 Special Meeting.
Funds being budgeted are for the equipment portion of this grant only. The other portion
of this grant is for salaries of two full-time deputies. These funds are already budgeted
in the 2110 department.
Account Number Account Name Approved Budget Inc Amount Dec Amount Revised Budget
00162110-6342-GHSP Gov Hwy Safety Grant $0.00 $93,794.00 $93,794.00
00192110-9855 Gov Hwy Safety Grant $0.00 $110,345.00 $110,345.00
00161710-6915 Cont from Spec Rev $0.00 $16,551.00 $16,551.00
$0.00 46192111-9704 Cont to General Fund $91,136.00
$16,551.00 $107,687.00 46192111-9836-TREAS Fed Asset Forf $194,599.00
$16,551.00 $178,048.00 Total F-10 Page 71
CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Consent Agenda SUBJECT:
Solid Waste – Adoption of a Resolution Approving the Cabarrus County
Construction and Demolition (C and D) Landfill Expansion BRIEF SUMMARY:
The expansion of the Cabarrus County C and D Landfill was previously
approved by the Board of Commissioners in November 2008. As such,
the County is required to submit an amended facility plan to the North
Carolina Department of Environment and Natural Resources, Solid Waste
Section (NCDENR SWS) for the proposed capacity increase, in
accordance with North Carolina Solid Waste Management Rule 15A
NCAC 13B .0533 (a)(3)(A). As part of the amended facility plan, local
government approval of the following resolution is required in order to
expand the landfill, per Rule 15A NCAC BE .0536 (c)(11). REQUESTED ACTION:
Motion to adopt resolution. EXPECTED LENGTH OF PRESENTATION: SUBMITTED BY:
Rick Payne, Solid Waste Manager Kevin Grant, Sustainability Manager BUDGET AMENDMENT REQUIRED:
No COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS:
F-11 Page 72 ATTACHMENTS
Resolution Approving CD Landfill Expansion F-11 Page 73
RESOLUTION APPROVING THE CABARRUS COUNTY CONSTRUCTION & DEMOLITION (C&D) LANDFILL EXPANSION
WHEREAS, Cabarrus County herein referred to as COUNTY owns and operates a construction
and demolition debris landfill facility off of Irish Potato
Road in Concord, North Carolina herein referred to as
LANDFILL; and WHEREAS, the LANDFILL began operating solely
as a C&D landfill on January 1, 1998; and WHEREAS, the current C&D disposal unit is
expected to reach capacity in approximately one year, and the Board
of Commissioners recognizes the need to expand the LANDFILL; and
WHEREAS, the proposed C&D landfill expansion will have a net airspace of 319,861 cubic
yard and provide the COUNTY with approximately 4.9 years of additional
C&D waste disposal capacity; and WHEREAS, the proposed C&D landfill expansion
will continue to receive for disposal construction and demolition
debris, inert debris, land-clearing debris and asphalt within the boundaries of the existing
waste disposal facility; and
WHEREAS, in accordance with the requirements set forth in 15A NCAC 13B .0536(11), the COUNTY
conducted a public meeting on October 20, 2009 to inform
the community of the proposed expansion; and WHEREAS, the proposed C&D landfill expansion
will be permitted, designed, constructed, operated and closed in
accordance with Solid Waste Management Rule 15A NCAC 13B .0531 through .0546; and
WHEREAS, the Board supports the expansion of the LANDFILL in order to continue offering
an environmentally sound and effective option for the disposal
of construction and demolition debris; and that the
expansion otherwise complies with all other applicable County laws and ordinances.
NOW, THEREFORE, BE IT RESOLVED by the Governing Board of Commissioners for the County of Cabarrus
as follows:
1. That the Board hereby endorses and approves the Cabarrus County Construction and
Demolition (C&D) Debris Landfill Expansion and authorizes the execution and submission
of the necessary permits required to expand the
C&D landfill area and other documents as may be necessary to complete the expansion project.
2. That this Resolution shall be effective upon its adoption.
Adopted this ______ day of ________________, 2009.
CABARRUS COUNTY BOARD OF COMMISSIONERS By: _______________________________________
H. Jay White Sr, Chairman ATTEST:
___________________________________________ Kay Honeycutt, Clerk to the Board of Commissioneers
Attachment number 1 F-11 Page 74 CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
Consent Agenda SUBJECT:
Tax Administration – Refund and Release Report – October 2009 BRIEF SUMMARY:
Release Report contains taxpayers’ names, bill numbers, valuations, tax
amounts, along with the justifications for releasing the valuation/tax
amounts for outstanding levies in accordance with N.C.G.S. 105-381.
Refund Report is a summary sheet which lists data from each refund
request form, along with the justification for the refunds to the taxpayers in
accordance with N.C.G.S. 105-381. REQUESTED ACTION:
Motion to approve the October Release-Refund Report as submitted and
grant authority to the Tax Collector to process the refunds and releases. EXPECTED LENGTH OF PRESENTATION: SUBMITTED BY:
J. Brent Weisner, Tax Administrator BUDGET AMENDMENT REQUIRED:
No COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: F-12 Page 75
CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
New Business SUBJECT:
Commerce – Proposed Habitat Project and Presentation from the
Lawrence Group BRIEF SUMMARY:
In 2008, the BOC voted for interested parties to proceed with planning a
Habitat for Humanity neighborhood located on county-owned property off
Cabarrus Avenue. Information related to the proposed project and the
minutes from the meeting in 2008 are provided. Habitat is ready to move
forward and seeks additional direction from the Board of Commissioners
as it relates to the project and the County property. Rob Richardson with the Lawrence Group will
make a presentation to the Board at the work session. REQUESTED ACTION:
(1) Motion to permit Habitat for Humanity access to countyowned
property for survey work and for the County Manager to sign
rezoning application to be submitted to the City of Concord.
(2) Motion to authorize the County Manager to transfer approximately
38.45 acres (as described by deed) of county-owned property to
Habitat for Humanity. EXPECTED LENGTH OF PRESENTATION:
20 Minutes SUBMITTED BY:
Jonathan Marshall, AICP-Commerce Director Susie Morris, AICP-Planning and Zoning Manager
G-1 Page 76 Rob Richardson, Lawrence Group BUDGET AMENDMENT REQUIRED:
No COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: ATTACHMENTS
meeting minutes zoning map
map_2 proposed site plan
utility plan PP -1
PP-2 PP-3
PP-4 PP-5
PP-6 PP-7
PP-8 PP-9
G-1 Page 77 October 6 2008 Work Session Page 977
The Board of Commissioners for the County of Cabarrus met for an Agenda
Work Session in the Multipurpose Room at the Cabarrus County Governmental
Center in Concord North Carolina on Monday October 6 2008 at 330
pm Present Chairman H Jay White Sr
Vice Chairman Joni D Juba Commissioners Robert W Carruth
Grace M Mynatt Coy C Privette
Also present were John Day County Manager Richard M Koch County
Attorney Mike Downs Deputy County Manager Pam Dubois Deputy County
Manager Kay Honeycutt Clerk to the Board and Lyndsay Hayes Deputy Clerk to
the Board Call to Order
Chairman White called the meeting to order at 335 pm He announced
Commissioner Carruth will be a few minutes late due to traffic
2008 Cabarrus County Community Needs Assessment Nancy Litton Jessica Casterdale and Gina Goff
with the Cabarrus County Community Planning Council presented
the 2008 Cabarrus County Community Needs Assessment Ms Litton and Ms
Casterdale reviewed a Powerpoint presentation detailing the Community
Needs Assessment Ms Litton reported the key issues and needs of the community
as determined by the council are housing education workforce development
and job creation mental health services healthcare and affordability
and healthy living She and Ms Casterdale reviewed these issues
in detail No action was taken
Commissioner Carruth arrived at 393 pm and was present for the
remainder of the meeting Commerce Department Consent Agreement for
Preston Ridge Apartments Susie Morris Planning and Zoning Manager presented
the following information related to a Consent Agreement
for Preston Ridge Apartments since the time this information was submitted
to the Board Biltmore Development has partnered with Davis Development
and the numbers have changed slightly the proposed bouuildt schedule has
changed from 336 to 412 multi family residential apartment units on Weddington
Road the proposed bouuildt schedule now includes the construction of
252 units in 2009 89 units in 2010 and 76 units in 2011 with a proposal
to pay the voluntary mitigation paymentvmpfor 336 units up front in the amount
of 24014067 prior to the issuance of any building permits She further
reported 76 units proposed for construction in 2011 are to be held in
reserve and the vmppaid in a lump sum should the developers decide to proceed
with construction She further reported the first phase consists
of approximately nine buildings 28 units per building the second phase consists
of three buildings 14 units 28 units and 92 units and the third phase
is undetermined at this time She further stated the developers will notify
the Commerce Department if they decide not to construct the remaining 76 units
in 2011 so that the capacity data may be updated
In addition she noted the availability of John Carmichael to respond
to questions and reviewed the bouuildt schedule again at the request of the
Board UPON MOTION of Commissioner Mynatt seconded
by Commissioner Carruth and unanimously carried the Board voted to
place the Consent Agreement for the Preston Ridge Apartments on the October
20 2008 Agenda as a New Business item
Commerce Department Discussion of Donation of Property to Habitat for
Humanity Jonathan Marshall Commerce Director presented
the Board with maps
of oCwounnetdy property Pin No 5620239056 5620238271
5620229833 and 5620211889 being considered for donation to
Habitat for Humanity He reported the properties are located off of
Cabarrus Avenue accessible by several rwoigayhfst and have difficult topography
He also reported a discussion regarding the use of these properties
for ilnocowme housing took Attachment number 1
G-1 Page 78 October 6 2008 Work Session Page 978
place several years ago the Board approved the concept but the nonprofit
never moved forward with it On a separate note Dean Johnson Habitat for
Humanity Director thanked the Board for allowing Habitat for
Humanity to dismantle two buildings at the old Fairgrounds He stated
many materials from those buildings were very salvageable
Next he reported a meeting was held with the County City of Concord
Alex Rankin with Concord Engineering and Surveying Inc and Habitat for
Humanity officials to discuss possible partnerships and uses for the property
as a green community He also commented on the development of new design
standards for housing designs for this community partnering with other
builders and developers to foster a mixed income community complete
coordination with County and City personnel so the project will compliment
the work performed by the City on Cabarrus Avenue based on the selection of
housing styles the project could yield up to 100 housing units the range of
housing unit prices 010105 to 010705 donation of land from the City of
Concord traffic flow in the area etc He also responded to a variety of
questions from the Board Mr Marshall reported Habitat needs feedback
from the Board before proceeding further with the details of the
project UPON MOTION of Commissioner Privette seconded
by Vice Chairman Juba and unanimously carried the Board voted to
proceed with the concept as presented by Dean Johnson with Habitat for
Humanity including the possible donation of oCwounnetdy property Pin No 5620234056
5620238271 5620229833 and 5620211889 for the development of a ilnocowme
housing community Approval of the Cabarrus County Economic Development
Grant Program John Day County Manager briefly reviewed the
draft grant program and reported John Cox with the Economic Development
Corporation suggested the word incentive be replaced with grant Otherwise
he stated this is the same document reviewed at the Bsoard previous
meeting UPON MOTION of Commissioner Carruth seconded
by Commissioner Mynatt and unanimously carried the Board voted to
place Approval of the Cabarrus County Economic Development Grant Program
on the October 20 2008 Agenda as a Consent item
HOC Legislative Goals Chairman White reported the Board needs to
schedule a meeting in October or November to prepare a legislative
agenda to present to the Csounty legislative delegates After checking
their calendars the Board scheduled a meeting for Thursday November
13 2008 from 0102pmto 020 pmin the Multipurpose Room at the Governmental
Center John Day County Manager reported staff will
be asked to submit items and this list will be provided to the Board
prior to the meeting He also encouraged Board members to send submissions
for discussion Approval of Electronia Records System Policy
for the County Management County Veterans Services County Ssheriff Office
and tax Administration Schedules
Kay Honeycutt Clerk to the Board presented information related to the
approval of electronics records system policies for the County Management
County Veterans Services County Ssheriff Office and Tax Administration
Schedules She stated the North Carolina Department of Cultural Resources
requires the adoption of a schedule for the retention and destruction of
public rdeoccuomredntss She further reported the following several
county departments want to destroy paper records that have already been
scanned and stored electronically in order to destroy these records the
State must review and approve the Csounty Electronic Records System Policy
and said policy must be adopted by the governing body In addition the
draft policy for the County Management Schedule prepared by Susan Nunn in
the Human Resource Department was approved by the State on September 26
The remaining policies were submitted to the State for approval
UPON MOTION of Vice Chairman Juba seconded by Commissioner Carruth and
unanimously carried the Board voted to place Approval of Electronic Records
System Policy for the County Management County Veterans Services County
Attachment number 1 G-1 Page 79
RV O-I
RV C-2
I-2 RC
RC RC
RM-2 C-2
RC C-2
O-I RC
C-2 O-I
I-2 I-1
AG RC O-I O-I
WHITE CABARRUS
BROWN BOST
2ND FLORA
1ST 4TH
WARREN C COLEMAN 3RD
PALMER GAYLAN
SWINK SUNDERLAND
FAUNA JOHNSON
COLLEGE PARRISH
CANDLESTICK FIRELIGHT
UNION CEMETERY HEALTH DEPARTMENT
2ND Cabarrus County shall not be held liable for
any errors in these data. This includes errors of omission, commission,
errors concerning the content of the data, and relative and positional
accuracy of the data. These data cannot be construed to be a legal
document. Primary sources from which these data were compiled
must be consulted for verification of information contained within
the data. Map Prepared by Cabarrus County Planning Services.
10/20/2009 ?
0 0.05 0.1 0.2 Miles Habitat for Humanity Project
Subject County Owned Parcels
Legend Subject Properties
Cabarrus County Streets WHITE
MAIN CONCORD
WARREN C COLEMAN UNION CEMETERY
SWINK OLD CHARLOTTE
LISKE CABARRUS
1ST CORBAN
BROWN SUMNER
HELEN LINDEN
YOUNG WILSHIRE
RAMDIN GREEN
LEE 4TH
ANDREWS PEBBLE
PECAN LYRIC
BURRIS ERWIN
Attachment number 2 G-1 Page 80
RV O-I
RV C-2
I-2 RC
RC RC
RM-2 C-2
RC C-2
O-I RC
C-2 O-I
I-2 I-1
AG RC O-I O-I
WHITE CABARRUS
BROWN BOST
2ND FLORA
1ST 4TH
WARREN C COLEMAN 3RD
PALMER GAYLAN
SWINK SUNDERLAND
FAUNA JOHNSON
COLLEGE PARRISH
CANDLESTICK FIRELIGHT
UNION CEMETERY HEALTH DEPARTMENT
2ND Cabarrus County shall not be held liable for
any errors in these data. This includes errors of omission, commission,
errors concerning the content of the data, and relative and positional
accuracy of the data. These data cannot be construed to be a legal
document. Primary sources from which these data were compiled
must be consulted for verification of information contained within
the data. Map Prepared by Cabarrus County Planning Services.
10/20/2009 ?
0 0.05 0.1 0.2 Miles Habitat for Humanity Project
Subject County Owned Parcels
Legend Subject Properties
Cabarrus County Streets WHITE
MAIN CONCORD
WARREN C COLEMAN UNION CEMETERY
SWINK OLD CHARLOTTE
LISKE CABARRUS
1ST CORBAN
BROWN SUMNER
HELEN LINDEN
YOUNG WILSHIRE
RAMDIN GREEN
LEE 4TH
ANDREWS PEBBLE
PECAN LYRIC
BURRIS ERWIN
Attachment number 3 G-1 Page 81
Attachment number 4 G-1 Page 82
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CABARRUS AVE W BROWN ST SW
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2ND ST NW UNION CEMETERY RD SW
2ND ST SW COLLEGE CIR SW
6 inch 24 inch
12 inch 2 inch
8 inch 16 inch
8 inch 2 inch
6 inch 6 inch
8 inch 12 inch
8 inch Attachment number G-1 Page 83
Attachment number 6 G-1 Page 84
“Families can provide stability for their children.
A family’s sense of dignity and pride grow. Health, physical safety, and security improve
Educational and job prospects increase.” Attachment number 6
G-1 Page 85 Volunteerism and community building
Attachment number 6 G-1 Page 86
Attachment number 7 G-1 Page 87
Haynie-Sirrine Neighborhood Master Plan Attachment number 7
G-1 Page 88 Haynie-Sirrine – Logan Park Under Construction
Attachment number 7 G-1 Page 89
Davidson Housing Coalition Creekside Corner
Attachment number 8 G-1 Page 90
Davidson Housing Coalition Creekside Corner Attachment number 8
G-1 Page 91 Owensboro Neighborhood re-development Plan
Attachment number 8 G-1 Page 92
Decker Boulevard and Woodfield Park Attachment number 9
G-1 Page 93 “Place-making” Renderings
Attachment number 9 G-1 Page 94
Attachment number 9 G-1 Page 95
The Village Green in Wendell Before
After Attachment number 10
G-1 Page 96 Affordable/Work Force Housing Designs
Attachment number 10 G-1 Page 97
Historic Residential Design Davidson Attachment number 10
G-1 Page 98 Davidson College – Affordable Faculty Housing
G-1 Page 99 Affordable Housing Neighborhoods
G-1 Page 100 G-1 Page 101
G-1 Page 102 G-1 Page 103
Habitat for Humanity in Seattle G-1 Page 104
G-1 Page 105 G-1 Page 106
G-1 Page 107 Attachment number 14
G-1 Page 108 Attachment number 14
G-1 Page 109 Attachment number 14
G-1 Page 110 CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
New Business SUBJECT:
EDC – Incentive Grant Request for SMB Solar, Inc. and Public Hearing –
6:30 P.M. BRIEF SUMMARY:
SBM Solar, Inc. a manufacturer of an exclusive type of non-glass solar
panels, wants to expand its current operation in Cabarrus County. The
company plans to invest approximately $1.3 million in equipment and hire
approximately 16 new employees with an average wage of $40,000. REQUESTED ACTION:
1. Hold a public hearing. 2. Consider a motion to approve an incentive
grant (3-year, 85 percent) for SMB Solar, Inc., pursuant to the Economic
Development Grant Program; and authorize the County Manager and County Attorney
to finalize the grant and execute related documentation. EXPECTED LENGTH OF PRESENTATION:
5 Minutes SUBMITTED BY:
Anna Lu Wilson, Vice President of Business Services
Cabarrus Economic Development BUDGET AMENDMENT REQUIRED:
No G-2 Page 111 COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: ATTACHMENTS
Grant Backup Materials. Grant Program.
G-2 Page 112 G-2 Page 113
G-2 Page 114 G-2 Page 115
G-2 Page 116 G-2 Page 117
G-2 Page 118 ECONOMIC DEVELOPMENT GRANT PROGRAM
CABARRUS COUNTY, NORTH CAROLINA EFFECTIVE OCTOBER 20, 2008
MODIFIED SEPTEMBER 21, 2009 Section 1. STATEMENT
The following is the Economic Development Grant Program (“Program”) for Cabarrus
County, North Carolina. The Program applies to all applications for economic development
grants received after the effective date of the Program.
Section 2. PURPOSE A. The Cabarrus County Board of Commissioners
(“BOC”) has a vision of Cabarrus as a county in which our children learn, our citizens
participate, our dreams matter, our families and neighbors thrive, and our community
prospers. The BOC established the following five broad goals in an effort to
achieve and maintain its vision: 1. Preserve and enhance quality of life by
addressing growth with sound public policies that sustain resources, provide high quality
services, and fund infrastructure needs. 2. Achieve community wide preparedness to
protect public safety, respond to routine and
catastrophic events, and maintain and restore the well being of all residents
3. Use resources wisely and responsibly by protecting assets, minimizing risk, creating
partnerships and using technology to maximize the value of county investments,
expenditures and services. 4. A fully engaged community with a shared
understanding of its issues and challenges and
working together to achieve its goals. 5. Ensure that all citizens have equal opportunity
and access to education, health care, and economic prosperity and encourage citizens
to fulfill their potential and contribute to
their community. The achievement of these goals, and the health,
safety, education and prosperity of the people of Cabarrus County (“County”) is
directly related to the vitality, diversity and
success of its businesses and industries, as well as to the condition of the county’s
environment and natural resources. Under certain circumstances and conditions, it may
be in the interests of the County and its citizens that the BOC utilize the powers granted
to it by the General Assembly in Chapters 153A and 158 of the North Carolina General
Statutes to stimulate development and growth of business and industry in the County.
Thus, the purpose of the Program is to provide the stimulus for the development,
growth and expansion of business and industry within the County. This stimulus is the
award of a Program Grant (“Grant”) as provided in this Program.
Attachment number 2 G-2 Page 119
B. The award of a Grant is designed to increase employment opportunities within the
County as well as to increase the assessed valuation of the County The BOC may
consider a number of factors when deliberating upon whether to award a Grant. This
recognizes the great variety of businesses, which have widely different capital and
employment structures and needs. The factors that may be considered include but are
not limited to the following: 1. The type of industry or business as a further
diversification of Cabarrus County’s business base;
2. The size and scope of the project based upon investment in site development, facilities,
buildings and other business infrastructure inclusive of technology;
3. The diversity, quality and quantity of jobs created by a project, including whether
the industry or business provides company paid
benefits such as healthcare, vacation and pensions and the degree to which wages exceed
the county average; 4. The potential for future expansion of investment
and employment; 5. Site specific issues impacting public infrastructure;
6. Actions that if pursued, stimulate development in areas of Cabarrus County deemed
beneficial; 7. The ratio of investment in real versus
personal property assets; 8. The environmental impact of the project.
This may include such elements as waste recycling programs, energy efficient (or LEED)
design, conservation easements, the degree to which the natural landscape and
topography are disturbed, water conservation programs and the use and/or production
of alternative (non fossil fuel) energy.
9. The type of product produced (as well as the production process itself) or sold and
whether it is recyclable, noxious, volatile, controversial, hazardous, banned by other
governments or countries, lethal or otherwise dangerous.
Section 3. PROJECT CATEGORIES, GRANT PARAMETERS AND ELIGIBILTY
1. Eligible Uses. Eligible uses include, but are not limited to, agricultural operations;
facilities to house corporate headquarters; manufacturing, assembly, fabrication or
processing operations; research and development facilities; motorsports facilities;
warehouse or distribution facilities; and office buildings. The applicant must
demonstrate to the satisfaction of the BOC that it would not construct these facilities
but for the award of a Grant. 2. Grant Parameters. A Grant approved by the
BOC may be an amount equaling up to 85% of the real and personal property tax
actually paid on assets eligible for this Program. The minimum incremental increase
in assessed value of assets shall be $1.5 million, except in those cases where the Grant
is used to encourage the development or help ensure the success of certain targeted
businesses and/or geographic areas, where the threshold shall be at the discretion of
the Board of Commissioners. Attachment number 2
G-2 Page 120 Such Grant amount shall be for a period of
three (3) consecutive years. Grant amounts shall be calculated based on the increase
in assessed real and personal property values generated by the project, as determined by
the County Tax Assessor. Grants for plant expansions by business or industry already
located in the County will be based on the net incremental tax value, after reduction
for machinery, equipment and other assets which are depreciated, replaced or retrofitted
as part of the project. The Grant will only be awarded to bring about
the relocation or expansion of a business that would not have occurred except for the
award of the Grant, or to encourage the development or help ensure the success of
certain targeted businesses and/or geographic areas. In particular, the BOC desires
to encourage development and redevelopment within municipal boundaries
where supporting infrastructure already exists and in areas where infill development
or redevelopment may spur additional investment.
The amount of the Grant for each year shall be limited in the following manner: In each
of years 2 and 3 of the Grant, a calculation shall be performed where the amount of the
Grant is subtracted from the amount of ad valorem taxes paid. If the remainder in years
2 or 3 is less than the remainder from the same calculation in year 1, then the amount
of the grant in those years will be reduced by an amount sufficient to make the
remainder in that year equal to the remainder in year 1.
The County has chosen as the value criterion for a Program Grant the estimated
property tax assessment for the new real and personal property investment to be
placed in the County. Although the Grant is calculated as a percentage of the ad
valorem tax actually paid on the new asset investment, the Grant is paid from the
County’s general fund. The general fund consists of revenue derived from ad valorem
taxes, local sales taxes, revenues from services, permits and fees, interest income and
miscellaneous revenues. 3. Documentation. The Grant application must
provide documentation satisfactory to the Tax Assessor that fully supports the expenditures
upon which the assessed value is to be based. The documentation includes but
is not limited to schedules and source documents defining capital expenditures including
project time lines with accurate descriptions of grantable assets by cost,
dates of phase in any existing assets which are
being replaced by Program eligible assets, blueprints, financial statements and appraisal
by a state board certified appraiser. Only assets documented to the satisfaction of the
Tax Assessor will be eligible for the Program. 4. Speculative Buildings and Leases. Construction
of a new structure to attract an eligible Program user may also qualify for
the Program. Such a Grant must begin with a
tax year prior to the third year after construction is completed. The taxpayer must
inform the Tax Assessor in writing which tax year begins the Grant Program. If a
structure or personal property is to be leased, the lease term must exceed the length of
Attachment number 2 G-2 Page 121
the Grant period. In the event the building is not leased within three years of its
completion date so long as it is maintained for lease, the speculative building may still
qualify as a Program asset. Only one Grant may be awarded and the owner and lessee
must agree in writing as to which will be eligible to receive the Grant.
Section 4. PROGRAM RULES 1. Although a Grant may be awarded by the
BOC to an applicant, the Grant is not required to be paid until the applicant has fully complied
with this Program and has executed a written agreement (“Agreement”) in a form
satisfactory to County that sets forth the specific provisions relating to the Grant.
2. The BOC reserves the right to waive one or more provisions of this Program, but any
waiver must be approved by the BOC. 3. The Agreement shall include with reasonable
specificity a project site plan, description of the project, any phasing, projected new
employment with job descriptions, description of the structures to be built,
description of the personal property assets to
be installed and any other data that would be relevant to comprehension of the scope
and value of the project such that other assets, installed outside of those Grant eligible,
are not commingled within the contemplated Grant.
4. The applicant must furnish proof satisfactory to the Tax Assessor or County Attorney of
ownership of any of the assets subject to the Program.
5. Rolling stock, inclusive of automobiles, trucks, tractors, trailers or other licensed
vehicles and airplanes shall not qualify as Program
assets eligible for a Grant. 6. County contributions to the project’s
infrastructure costs shall be deducted from the
calculated Grant award for that project. 7. The beginning date of the Grant period
shall be flexible in order to accommodate construction and production start up time,
but shall commence with a tax year that begins no later than three years after the
date the BOC votes to approve the Grant. The taxpayer must inform the Tax Assessor in writing
which tax year begins the Grant Program. An extension may be granted by the
BOC based upon specific project related issues.
8. The annual Grant award due to the recipient will be paid each year during the Grant
period within a thirty day period of submission of all data requested by the Tax Assessor
necessary to determine appropriate assessments on the Grant assets and the delivery of
the Tax assessor’s Statement. Should the assessments yield a grant in excess of that
budgeted for the Grant assets, another thirty day period may be necessary for
remittance in order to accommodate budget revisions. The initial Grant date is subject
Attachment number 2 G-2 Page 122
to the project’s date of useful occupancy and/or production startup, subject to the
provisions of Paragraph 7, above. If the recipient taxpayer fails to properly list property
for purposes of taxation and the unlisted property is subsequently discovered by the
Tax Assessor’s office, then the Grant may be
terminated at the discretion the BOC. Acceptance of a Grant payment constitutes
approval of the assessed value of Grant assets.
9. During the Grant period, the recipient of the Grant must be current in any and all
tax and other payments (including, but not limited
to fees for services or permits, fines and penalties) to the County. Failure to be current
in payments to the County shall result in termination of the remainder of the Grant.
10. Should the recipient of the Grant (a) fail to construct or install substantially
all of the assets contemplated by the Agreement; (b)
be or become the debtor in a bankruptcy or receivership proceeding; (c) substantially
curtail, close or mothball the facility subject to
the Program or, (d) fail to meet hiring, wage or benefit goals; then in any such event the
balance of the Grant shall be terminated. 11. Grant requests information and the Tax
Assessor Questionnaire must be completed within the calendar year following the tax
year for which the recipient is eligible to receive a Grant. The information must be complete,
forthcoming and adequate to the satisfaction of the Assessor in order to make
an accurate Grant calculation. Failure to fully or timely provide this information will
result in forfeiture of that year’s Grant or
cause termination of the remainder of the Grant as provided in Paragraph 13, below.
12. Grants are not transferable and may not be conveyed to another party.
13. The Grant recipient shall provide the necessary source documents and reports
satisfactory to the Tax Assessor subsequent to execution of the Agreement and during
the Grant period to ensure compliance with the terms, conditions and other specific
requirements of the Agreement. Necessary source documents and reports may include,
but are not limited to, real estate acquisition and construction costs, schedules of
assets, depreciation schedules, leasing arrangements with named parties holding a
financial interest in assets covered by the Program, releases signed by those holding
financial interests in those assets and proof of all business and corporate names that
may be applicable for purposes of asset ownership. In order for an asset to be included
in the Grant, it must reasonably have been contemplated to be within the scope of the
project as reflected in the Agreement. Such information shall remain confidential as
allowed by law. Failure of the recipient to provide required documentation shall cause
termination of Grant. 14. The County shall provide detailed reporting
processes to monitor and assure compliance with the terms, conditions and other specific
requirements of the Agreement. Any Attachment number 2
G-2 Page 123 information obtained by the County in connection
with an incentive grant request will be kept confidential by the County to the
extent permitted by law. 15. Violation of local, state or federal laws,
ordinances or regulations by the recipient company shall result in termination of the
Grant. Section 5. GRANT APPROVAL PROCEDURE
1. Completion – Prior to initiating a project for which a Grant application is proposed,
the applicant shall complete a Development Grant
Application for submittal to the Cabarrus Economic Development Corporation.
2. Recommendation – Upon completion of the Development Grant Application by the
applicant, the Cabarrus Economic Development Corporation Board will review the
application and determine if the application will be recommended to the BOC.
3. Application – Applications recommended by the Cabarrus Economic Development
Corporation Board will be submitted to the County Manager’s office for scheduling a
public hearing before the BOC. 4. Acceptance – The BOC may consider acceptance
of the Development Grant Application. A public hearing must be scheduled by law
prior to the approval of a Grant. The County shall publish a notice of the public hearing
at least 10 days before the hearing is held. The notice shall describe the project and
the BOC’s intention to consider approval of the
Grant request. 5. Public Hearing – The BOC shall conduct
a public hearing on the Development Grant Application to inform the public of the Grant
request, invite comments and vote on it. 6. Agreement – The BOC approves the Grant
by offering the applicant an Agreement. Offers not accepted are deemed rejected by
the applicant. Unless otherwise adopted and approved by the BOC, the Grant offer remains
open for 30 days from the date of tender of the proposed Agreement to the applicant.
Acceptance is the execution of the Agreement between the County and the applicant.
The BOC reserves the right to reject any Grant application.
7. Construction – Construction shall be required to adhere to plans approved in the
plan review and permitting process, as well as
to plans, or plan elements approved as conditions of the Agreement.
8. Assessment – The value of the subject property following the completion of
construction shall be established by the Tax Assessor. The actual increase in post
construction assessed value over pre construction assessed value shall equal, or exceed
Attachment number 2 G-2 Page 124
the estimated increase specified in the Agreement. Failure to meet or exceed the Grant
approval threshold of $1.5 million, where applicable, shall render the Grant void.
Adopted by the Cabarrus County Board of Commissioners on
October 20, 2008 and approved modification to Section 3.2 on
September 21, 2009. Attachment number 2
G-2 Page 125 CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
New Business SUBJECT:
Commerce – Consent Agreement for the West Oaks Subdivision Project BRIEF SUMMARY:
The applicants are Brandon Little and Stephen Wasserman, 4404 Lazy
Drive, Charlotte, NC 28215. The request is for 13 single family residential
lots on +/- 11.125 acres located on South Oakmont Street in the City of
Kannapolis, North Carolina. The project received preliminary plat approval
from the City of Kannapolis Technical Review Committee on September
23, 2008. A Consent Agreement is required for the project to proceed.
Based on the original date of preliminary plat submittal, the
Voluntary Mitigation Payment is generated from the pre-August 2007
ordinance. REQUESTED ACTION:
Motion to consider approval of the Consent Agreement between Cabarrus
County and Brandon Little and Stephen Wasserman for the West Oaks
subdivision project, including the payment of $4,034.00 per lot to advance
school adequacy with payment due prior to final platting. Authorize the
County Manager to execute the Agreement on behalf of Cabarrus County,
subject to review or revisions by the County Attorney. EXPECTED LENGTH OF PRESENTATION:
5 Minutes SUBMITTED BY:
Kassie G. Watts, Senior Planner Susie A. Morris, Planning and Zoning Manager
G-3 Page 126 BUDGET AMENDMENT REQUIRED:
No COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: ATTACHMENTS
Memorandum Preliminary Plat
G-3 Page 127 MEMORANDUM
To: Cabarrus County Board of Commissioners From: Kassie G. Watts, AICP/Senior Planner
Subject: Consent Agreement and School Capacity Information for West Oaks Subdivision
Date: 10/26/2009 The West Oaks subdivision was approved by
the City of Kannapolis Technical Review Committee on September 23, 2008. The project consists
of 13 single-family residential lots on +/- 11.125 acres
located on South Oakmont Street in the City of Kannapolis, North Carolina. The specifics
of the agreement are as follows:
§ Developer – Brandon Little & Stephen Wasserman, 4404 Lazy Drive, Charlotte, NC
28215. § Payment of $4,034.00 per lot to be paid
prior to final platting. § Proposed build out schedule is Calendar
year 2009, no more than 6 lots platted and Calendar
year 2010, no more than 7 lots platted. The APFO worksheet filled out by Mr. Robert
Kluttz with Cabarrus County Schools indicates that
schools impacted by the West Oaks subdivision are currently functioning at the following
capacities: Charles E. Boger Elementary School – 78.88%
Northwest Middle School – 104.82% Northwest Cabarrus High School – 83.98% Including previously approved subdivisions
these schools will be functioning at the following capacity upon completion of the West Oaks
subdivision: Charles E. Boger Elementary School – 140.00%
Northwest Middle School – 136.52% Northwest Cabarrus High School – 101.12% The 2009-2010 Capital Improvement Plan includes
the Charles E. Boger Elementary School addition. This project was slated for funding
in FY 2009 and will provide 200 additional seats. The
prep work for this project is finished, construction is ready to begin and the project is expected
to be completed around March or April 2010. The Harold Winkler Middle School in the northwest/Weddington
area of the County was included in the CIP to be funded in 2009. When this
new middle school opens with capacity for 1200
students, 300 students will be transferred from Northwest Middle School to this new middle
school due to redistricting. Construction of the
school is expected to be completed in the fall 2010 and
ready for occupancy by January or February 2011. Cox Mill High School opened in August 2009
with capacity for 1450 students. Due to redistricting, 1450 students are being transferred from Northwest
Cabarrus High School to this new high school. Currently Cox Mill is operating only grades
9 through 11 because the 2010 graduating senior class
was allow to remain at their respective schools for their senior year. In the 2010-2011 school
year all grades, 9 through 12, will be operated. Cabarrus County Schools operating at 110%
capacity are considered to be operating at the maximum
capacity. Attachment number 1 G-3 Page 128
Attachment number 2 G-3 Page 129
CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
New Business SUBJECT:
Commerce – Request to Permit Connection to Public Sewer BRIEF SUMMARY:
The Amended Agreement between Cabarrus County and the City of
Concord limits connections to public sewer in defined parts of the Concord
utility service area. Improvements to Abilene Road that are required as
part of the construction of the A.T. Allen replacement school have
required the County to acquire additional right-of-way along that road. As
a result of the improvements, one property owner’s septic system will be
disturbed and an alternative waste water disposal system is necessary.
The County must request an exception to the Amended Agreement to
permit the affected home to be connected to the public sewer system
available at the school property. REQUESTED ACTION:
Motion to approve the request from Cabarrus County to the City of
Concord to permit the connection of a single family home on Abilene
Road to the public sewer system. EXPECTED LENGTH OF PRESENTATION:
5 Minutes SUBMITTED BY:
Jonathan B. Marshall, Commerce Director BUDGET AMENDMENT REQUIRED:
No G-4 Page 130 COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: ATTACHMENTS
Map of affected property Extract Interlocal Agreement
Exhibit B G-4 Page 131
MIAMI CHURCH RD ABILENE RD
COLD SPRINGS RD S Property owned by
Norris & Kay Barringer Pin: 5548994771
Cabarrus County shall not be held liable for any
errors in these data. This includes errors of omission,
commission, errors concerning the content of the
data, and relative and positional accuracy of the data.
These data cannot be construed to be a legal document .Primary sources from which these
data were compiled must be consulted for verification
of information contained within the data.
Map Prepared by Cabarrus County Planning Services, October 2009.
´ 100 50 0 100 Feet
Legend Selected Property
Tax Parcel Streets
G-4 Page 132 Attachment number 2
G-4 Page 133 Attachment number 3
G-4 Page 134 CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
New Business SUBJECT:
Commerce – Request for Revision of Consent Agreement for Waterford on
the Rocky River Subdivision BRIEF SUMMARY:
The developer is Niblock Development Corporation, 300 McGill Avenue
NW, Concord, NC 28027. The Waterford on the Rocky River subdivision
is approved for 266 single family homes on +/- 162.50 acres and is
located between Jim Johnson Road and Shiloh Church Road. The
developer is requesting that the timing of the Adequate Public Facilities
Payment of $4,034.00 per single famly lot be moved from prior to final
platting to building permitting. The original Consent Agreement was
approved on September 25, 2005. REQUESTED ACTION:
Consider request to revise Consent Agreement between Cabarrus County
and Niblock Development Corporation for the Waterford on the Rocky
River subdivision, including moving the payment of $4,034.00 per lot to
advance school adequacy from prior to final platting to building permitting.
If approved, authorize the County Manager to execute the revised
Agreement on behalf of Cabarrus County, subject to review or revisions
by the County Attorney. EXPECTED LENGTH OF PRESENTATION:
5 Minutes SUBMITTED BY:
Kassie G. Watts, Senior Planner Susie A. Morris, Planning and Zoning Manager
G-5 Page 135 BUDGET AMENDMENT REQUIRED:
No COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: ATTACHMENTS
Memorandum Letter Request & Exhibits
G-5 Page 136 MEMORANDUM
To: Cabarrus County Board of Commissioners From: Kassie Goodson Watts/Senior Planner
Subject: Consent Agreement and School Capacity Information for the Waterford on the Rocky
River Subdivision Date: 10/19/2009 The Waterford on the Rocky River subdivision
project was approved by the Cabarrus County Board of
Commissioners on September 29, 2005. This subdivision project is approved for 266 single
family homes on +/- 162.50 acres and is located between
Jim Johnson Road and Shiloh Church Road. The original Consent Agreement for the Waterford
on the Rocky River subdivision project was approved
on September 29, 2005 between Martingale Holdings II and the Cabarrus County Board of
Commissioners. The terms of this agreement were assigned and assumed by Niblock Development
Corporation on June 22, 2006. The specifics of the agreement are as follows:
§ Developer –Niblock Development Corporation, 300 McGill Avenue NW, Concord, NC 28027.
§ Payment of $4,034 per single family lot will be due and payable upon Final Platting.
§ Proposed build out schedule is Calendar year 2006, no more than 40 homes available
for occupancy, Calendar year 2007, no more than
85 homes available for occupancy, Calendar year
2008, no more than 85 homes available for occupancy, and Calendar year 2009, no more
than 56 homes available for occupancy.
§ No Certificate of Occupancy will be issued for lots within this subdivision prior to
January 1st, 2007. The developer is requesting the following
modification of the timing of the payment. § Payment of $4,034 per single family lot
to be made at Building Permitting. The request to revise the APF payment timing
has been outlined in the attached letter from Niblock
Development Corporation. Attachment number 1
G-5 Page 137 Attachment number 2
G-5 Page 138 Attachment number 2
G-5 Page 139 Attachment number 2
G-5 Page 140 CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
New Business SUBJECT:
Commerce Department – Proposed Text Amendment – TEXT2009-00011 –
Proposed Changes to Chapter 4 Part II – Waterbody Buffer Zone & Public
Hearing BRIEF SUMMARY:
The text amendment proposes changes to exempt farm ponds from
regulation, to permit property located in the Waterbody Buffer Zone to be
counted towards minimum lot size and to adjust buffers on class 2
streams and waterbodies. REQUESTED ACTION:
1. Hold Public Hearing 2. Motion to adopt Ordinance TEXT2009-00011,
amending the Cabarrus County Zoning Ordinance as presented. EXPECTED LENGTH OF PRESENTATION:
5 Minutes SUBMITTED BY:
Susie Morris, Planning & Zoning Manager BUDGET AMENDMENT REQUIRED:
No COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: G-6 Page 141 ATTACHMENTS
BOC Memo Ordinance TEXT2009-00011
Proposed Text G-6 Page 142
1 Planning Services
Memo To: Cabarrus County Board of Commissioners
From: Susie Morris, AICP, Planning and Zoning Manager
CC: File Date: October 22, 2009
Re: Proposed Text Amendment TEXT2009-00011-Chapter 4-Overlay Zones-Waterbody Buffer
Zone o Attached you will find proposed changes
to the Cabarrus County Zoning Ordinance Waterbody Buffer Zone language.
o The existing Part II, Waterbody Buffer Zone will be replaced with the proposed language.
Proposed changes are in red. o At the October 15th Planning Commission
meeting, the Planning and Zoning Commission voted unanimously to forward the proposed
text amendment to the Board of Commissioners for consideration.
o The current text is available for you to view at
http://www.cabarruscounty.us/Commerce/ordinance/countyzoningordinance.html o Please review the proposed text and be prepared
to hold a public hearing. Attachment number 1
G-6 Page 143 Page 1 of 1
AN ORDINANCE AMENDING THE CABARRUS COUNTY ZONING
ORDINANCE TEXT2009-00011
BE IT ORDAINED that the Cabarrus County Zoning Ordinance is hereby amended as follows:
Amend Chapter 4, Part II, Waterbody Buffer Zone as follows:
DELETE current Chapter 4, Part II, Waterbody Buffer Zone text
ADD new Chapter 4, Part II, Waterbody Buffer Zone text
Adopted this ________day of ____________ by the Cabarrus County Board of
Commissioners. ______________________________
H. Jay White, Chairman Cabarrus County Board of Commissioners
ATTEST: ______________________________
G. Kay Honeycutt, Clerk to the Board Attachment number 2
G-6 Page 144 Attachment number 3
G-6 Page 145 Attachment number 3
G-6 Page 146 Attachment number 3
G-6 Page 147 Attachment number 3
G-6 Page 148 Attachment number 3
G-6 Page 149 Attachment number 3
G-6 Page 150 CABARRUS COUNTY BOARD OF COMMISSIONERS
WORK SESSION NOVEMBER 2, 2009
3:30 P.M. AGENDA CATEGORY:
New Business SUBJECT:
Commerce Department – Proposed Text Amendment TEXT2009-00009-
Female Chickens (Limited Number) in LDR and MDR Zoning Districts and
Public Hearing – 6:30 P.M. BRIEF SUMMARY:
The text amendment proposes permitting female chickens (in limited
numbers) in the LDR and MDR Zoning Districts. The use is proposed as
a Permitted Based on Standards use. The text amendment would apply to parcels
less than five (5) acres. Parcels five (5) acres or more are already
permitted to house livestock in the MDR and LDR districts. REQUESTED ACTION:
1. Hold Public Hearing 2. Motion to adopt Ordinance TEXT2009-00009,
amending the Cabarrus County Zoning Ordinance as presented. EXPECTED LENGTH OF PRESENTATION:
5 Minutes SUBMITTED BY:
Susie Morris, AICP, Planning and Zoning Manager BUDGET AMENDMENT REQUIRED:
No G-7 Page 151 COUNTY MANAGER’S RECOMMENDATIONS/COMMENTS: ATTACHMENTS
Ordinance TEXT2009-00009 Proposed Text
memo G-7 Page 152
Page 1 of 2 AN ORDINANCE AMENDING THE CABARRUS COUNTY
ZONING ORDINANCE
TEXT2009-0009 BE IT ORDAINED that the Cabarrus County Zoning
Ordinance is hereby amended as follows: ADD Definition of Livestock to Chapter 2-Section
2-2. Basic Terms and Definitions Livestock-Shall include, but not be limited
to, equine animals, bovine animals, sheep, goats, llamas,
alpacas, poultry, fowl and swine. These types of animals are typically housed on a farm.
Poultry Exception: See Chapter 7, Agriculture-Female
Chickens (Limited Number)-less than 5 acres ADD the following to Chapter 3
Permitted Based on Standards MDR and LDR Agriculture-Female Chickens (limited number)-less
than 5 acres ADD the following as Permitted Based on Standards
Section 3-8. Table of Permitted Uses 3. Agriculture-Female Chickens (limited number)-less
than 5 acres Renumber table to accommodate new use
ADD the following to Chapter 7 Permitted Based on Standards
2-B Agriculture-Female Chickens (limited number)-less than 5 acres
a) Zones Permitted based on standards Low Density Residential, Medium Density Residential
b) All lots that are utilized as single family detached residential will be permitted up
to the following number of female chickens:
Number of Female chickens Permitted:

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