BC 1987 02 18 - Laserfiche WebLink

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58 The Board of Commissioners for the County of Cabarrus met in recessed session at the County Courthouse in Concord, North Carolina, on Wednesday, February 18, 1987, at 5:30 P.M. Present - Chairman: James W. Lentz Commissioners: Kenneth F. Payne William G. Hamby, Jr. Martha H. Melvin R. Giles Moss UPON MOTION of Chairman Lentz, seconded by Commissioner Melvin and unanimously carried, the Board moved to go into Executive Session to discuss pending or threatened litigation and for communication with counsel regarding legal documents and contracts. UPON MOTION of Commissioner Payne, seconded by Commissioner Melvin and unanimously carried, the Executive Session was terminated. UPON MOTION of Commissioner Hamby, seconded by Commissioner Payne with Commissioners Hamby, Payne, and Melvin and Chairman Lentz voting for and Commissioner Moss voting against, the Board authorized the Chairman on behalf of the Board of Commissioners and the Zoning Administrator to initiate a petition for certiorari to the Superior Court of Cabarrus County to review the decision of the Cabarrus County Board of Adjustment in Variance Case Number 0078V. Chairman Lentz recessed the meeting at 6:12 P.M. for Board members to travel to the Concord Municipal Building for a joint meeting with the Concord Board of Aldermen. Chairman Lentz reconvened the meeting at 6:15 P.M. in the Council Room at the Concord Municipal Building. Members of the Concord Board of Aldermen present for the meeting were as follows: Mayor Bernie A. Edwards and Aldermen James L. Dorton, T. Laine Harling, Frank A. Dusch, Jr., Robert L. Mathis, Jr., Lamar Barrier, Wilson F. Cone, Jr., and Dr. Hector H. Henry. Dr. Hector H. Henry presented a brief report from the City/County Liaison Committee. Board members reviewed the draft of a proposed agreement between the City of Concord and Cabarrus County outlining the methods of financing, construction, and operation of the Coddle Creek Reservoir. Both Boards by consensus approved the concept of the proposed agreement and indicated their unanimous intent to adopt such an agreement upon finalization by the City Attorney and County Attorney. Mr. Fletcher L. Hartsell, Jr., County Attorney, advised the Boards that Mr. Walter M. Safrit, II, Kannapolis City Attorney, was drafting a provision for inclusion in the contract regarding the involvement by the City of Kannapolis in the Coddle Creek Reservoir project. Board members discussed the possibility of other'municipalities in the county desiring to join the project at a later date and the establishment of a method of estimating the cost of joining the project at some future time. Mayor Edwards indicated that a time limit should be set for joining the project and sharing in the ownership. The Boards reviewed the status of the property acquisition for the Coddle Creek Reservoir. UPON MOTION of Commissioner Hamby, seconded by Commissioner Payne and unanimously carried, the Board adopted the following Resolution. RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS TO SECURE LAND FOR CONSTRUCTION OF A DAM AND RESERVOIR WHEREAS, the Board of Aldermen of the City of Concord (the "City") and the Board of Commissioners of Cabarrus County (the "County") have previously determined and hereby ratify that it is necessary for the health and general welfare of the citizens of Concord and Cabarrus County that a new dam and reservoir (the "Coddle Creek Reservoir") be constructed in order to increase the amount of water available for use by both the City and the County; and WHEREAS, the site of the Coddle Creek Reservoir has previously been determined by the City and the County and is shown on the map attached hereto and made a part of this resolution; and WHEREAS, after negotiating in good faith, the City and the County have been unable to purchase real property necessary for the Coddle Creek Reservoir