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December 14, 2004 - Special Meeting Page 12 The Board of Commissioners for the County of Cabarrus met in special session in the Multipurpose Room at the Cabarrus County Governmental Center in Concord, North Carolina on Tuesday, December 14, 2004, at 5:30 p.m. The purpose of the meeting was to conduct a closed session in accordance with North Carolina General Statute (NCGS) 143-318.11 (a) (3) to consult with the County Attorney in order to preserve the attorney-client privilege; NCGS 143- 318.11(a) (5) to consider and take action with respect to the position to be taken by the County in negotiating the amount of compensation or other material terms of an employment contract; NCGS 143-318.11 (a) (6) to consider the initial employment or appointment of an individual to any office or position, and to consider the qualifications, competence, performance, character, and fitness of any public officer or employee; and further to consider action relating to such matters in open session. Present - Chairman: Carolyn B. Carpenter Vice Chairman: Robert W. Carruth Commissioners: Robert M. Freeman Joni D. Juba Coy C. Privette Also present were John D. Day, County Manager; Marilyn County Attorney; and Frankie F. Bonds, Clerk to the Board. D. Porter, Chairman Carpenter called the meeting to order at Commissioner Privette was absent at the beginning of the meeting. 5:30 p.m. Closed Session Commissioner Juba made a motion for the Board to go into Closed Session in accordance with North Carolina General Statute (NCGS) 143-318.11(a) (3) to consult with the County Attorney in order to preserve the attorney-client privilege; NCGS 143-318.11(a) (5) to consider and take action with respect to the position to be taken by the County in negotiating the amount of compensation or other material terms of an employment contract; NCGS 143- 318.11(a) (6) to consider the initial employment or appointment of an individual to any office or position, and to consider the qualifications, competence, performance, character, and fitness of any public officer or employee. Vice Chairman Carruth seconded the motion and asked that it be amended to exclude the County Manager and the County Attorney from the Closed Session. Commissioner Juba accepted the amendment, and the motion as amended carried with Commissioners Juba and Freeman, Vice Chairman Carruth and Chairman Carpenter voting for. commissioner Privette arrived during the Closed Session. UPON MOTION of Commissioner Privette, seconded by Vice Chairman Carruth and unanimously carried, the Board voted to come out of the Closed Session at 5:50 p.m. Mr. Day and Ms. Porter joined the Board in open session. Agreement and General Release Vice Chairman Carruth presented a Release between the Board of Commissioners that the Board set a time for execution of at 5:00 p.m. on December 17. proposed Agreement and General and Marilyn Porter. He suggested the Agreement and General Release Ms. document. Porter stated that would be insufficient time to review the commissioner Privette made a motion, seconded by Commissioner Freeman, to delay consideration of the proposed Agreement and General Release until the Board meeting on December 20 to allow time for review by the Board and the County Attorney. The motion failed with commissioners Privette and Freeman voting for and Commissioner Juba, Vice Chairman Carruth and Chairman Carpenter voting against. Vice Chairman Carruth moved to approve the following Agreement and General Release between the Board and Marilyn Porter, and set a time of 5:00 p.m. on Friday, December 17, 2004, for Ms. Porter to advise the Board as to whether or not she wishes to sign the Agreement and General Release or if she wants the Board to implement the severance provision of the Employment Agreement dated February 16, 2004, at that time. commissioner Juba seconded the motion.