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447 Commissioner Lentz reported that he had visited the Stonewall Jackson Park site on the afternoon of September 8, 1980 and had found that the soil test sites did not correspond with the twelve (12) sites 'designated on the test rating sheets submitted to the County by Mr. Robin Hayes. Having found no indentations in the soil to indicate that test borings were made on the filled area, Commissioner Lentz contacted the Raleigh office of Soil and Material Engineers, Inc., and learned that persons in that office knew nothing about the testing. He then contacted Mr. Tat Fearing, local engineer with Soil and Material Engineers, Inc., on site at the Philip Morris location, who told him that the soil samples were not taken in the designated area as marked by flags and that the type of test run was not adequate type testing for place- ment of facilities which would have any load weight. Commissioner Lentz stated that test information approved by Mr. Gardner Gidley, Recreation Planning Consultant, was false information. Commissioner Lentz pointed out that there was no work order number, no signature of technician doing the work, and no depth of samples indicated on the test result sheets. He stated "we have got the shaft" on work performed at the park site. Commissioner Bonds questioned the legality of a letter written by Chairman Cook as a result of a telephone poll of Commissioners rather than action taken at an official Board meeting. This letter to Metric Construction Company stated that Cabarrus County was satisfied with the work completed by Palmer Mountain Farms, Inc. Chairman Cook stated he had telephoned all Commissioners after receiving a letter ~f approval from Mr. Gardner Gidley, and on the basis of Mr. Gidley's approval of the tests run at the site, three (3) Board members - Commissioners Milloway and Allen and Chairman Cook - had not objected to the money being released by Metric Construction Company as the County had not requested that the money be held by Metric. Mr. John Boger, County Attorney, informed the Board that official action has to be taken at a Board meeting. He stated that the County had no legal claim to the money held by Metric Construction Company. Mr. Boger also advised the Board that Mr. Robin Hayes is still bound to the written contract of May 15, 1980 as the Board has not approved the work which was performed at the Stonewall Jackson Park site by Palmer Mountain Farms, Inc. The following motion made by Commissioner Bonds failed for lack of second: That we get Mr. Hayes to do these borings like we requested or we take action against him. UPON MOTION of Commissioner Lentz, seconded by Chairman Cook and unanimously carried, the Board instructed Mr. Charles McGinnis, County Manager, to contact Mr. Tat Fearing of Soil and Material Engineers, Inc., to verify the compaction tests run at the park site; and if he finds that the tests were performed in an improper manner, the Board directed that he take the proper steps to see that the testing is done correctly and the work at the site is completed as quickly as possible by Mr. Robin Hayes in accordance with the contract of May 15, 1980 between Palmer Mountain Farms, Inc., and Cabarrus County. There being no further business to come before the Board, the meeting was adjourned. Clerk to the Board