BC 1991 12 16 - Laserfiche WebLink

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415 Commissioner Payne objected, stating the allocation of funding was not on the agenda and not included in the prior motion. Commissioner Simmons stated that the allocation of settlement funds was included in a motion made by him on December 2 and deferred until this meeting. Commissioner Simmons reported that Chairman Carpenter had misunderstood her previous vote against the motion by Commissioner Barnhart to reconsider the settlement agreement. Chairman Carpenter asked to rescind her prior vote and to put the airport settlement agreement back on the table for reconsideration by the Board. Commissioner Simmons seconded Chairman Carpenter's motion to rescind her vote on the reconsideration of the airport settlement agreement. County Attorney Hartsell questioned the motion by Chairman Carpenter and second by Commissioner Simmons and asked for time to review the Rules of Procedure. UPON MOTION of Commissioner Simmons, seconded by Chairman Carpenter with Commissioners Simmons and Barnhart and Chairman Carpenter voting for and Commissioners Payne and Hamby voting against, the Board moved to go into executive session for consultation with counsel. UPON MOTION of Commissioner Simmons, seconded by Commissioner Barnhart and unanimously carried, the executive session was terminated. Commissioner Simmons withdrew his second to Commissioner Barnhart's motion to allocate the settlement funds to the schools. Commissioner Barnhart withdrew his motion to allocate the settlement funds to the schools. Chairman Carpenter advised the Board that her previous vote against the motion to reconsider the airport settlement agreement was in error. She stated that she was in favor of the motion to reconsider and was correcting the vote to a three to two vote to reconsider the airport settlement agreement. Commissioner Simmons moved to amend the motion submitted by Commissioner Hamby by deleting the language in it and substituting the following: Whereas, the settlement agreement under consideration would restore the entire $4.7 million in County taxpayers money to the County; and Whereas, it would create a greatly needed sewer and water authority; and Whereas, it would fund a badly needed elementary school and possibly postpone a bond issue and tax increase for at least one year; and Whereas, it would promote cooperation between Cabarrus County and Concord; and Be it resolved, that the Chairman be authorized to execute the airport settlement agreement before us, that it be signed by the Chairman tonight, and that it be forwarded to the City of Concord tomorrow for their immediate consideration; Resolved that the Board adopt the budget .amendment presented to allocate Concord's $3,150,000 settlement between Cabarrus County Schools Capital Outlay in the amount of $2,542,050 for construction of an elementary school in west/southwest Cabarrus County and Kannapolis Capital Schools Outlay in the amount of $607,950 for the installation of replacement windows and air conditioning at A. L. Brown High School, and that these amounts be forwarded to the school on June 30, 1992, after Concord executes the settlement agreement, and Resolved that this settlement agreement be rescinded if it is not adopted and executed by the Board of Aldermen in 20 business days. Commissioner Barnhart seconded the motion by Commissioner Simmons. Commissioner Simmons explained that his motion specifically allocated the funds to major capital projects for the schools and therefore the funds could not be used by the school systems for other projects. He declined Chairman Carpenter's request to consider that portion of the resolution allocating the funds to the schools as a separate motion, stating the reason for the settlement agreement was to provide funds for capital school needs in order to delay a tax increase.