BC 2012 11 19 Regular Meeting - Laserfiche WebLink

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November 19, 2012 (Regular Meeting) Page 1283 Ms. McAbee recognized her family in attendance, accepted the award, and expressed appreciation for the opportunity to work for the County. (C -2) Planning and Development (Soil and Water Conservation District) - Recognition of Bob Carruth for Service as Liaison to soil and Water Conservation District Dennis Testerman, Senior Resource Conservation Specialist, recognized Ned Hudson and Vicky Porter, Soil and Water Conservation District Board of Supervisors members and Amy Griffith, Soil and Water Conservation District Administrative Secretary, in attendance. Mr. Hudson recognized Commissioner Carruth for his dedicated public service and contributions to the stewardship of natural resources as the Board of Commissioners' liaison with the Soil and Water Conservation District Board. He presented a plaque of appreciation to Commissioner Carruth. Commissioner Carruth accepted the plaque. (C -3) BOC - Recognition of Robert W. Carruth for His Service on the Cabarrus County Board of Commissioners Chairman Poole announced the addition of Recognition of Robert W. Carruth for his service on the Board of Commissioners. On behalf of the Board, Commissioner White presented a plaque of appreciation to Commissioner Carruth for his 12 years of service on the Board, serving as Commissioner, Vice Chairman and Chairman during his tenure as a Commissioner. Commissioner Carruth graciously accepted the plaque and requested to delay his comments until later in the meeting. He also recognized his wife, Lydia and two of his sons, Ben and Mehi, in attendance. (D) INFORMAL PUBLIC COMMENTS Chairman Poole opened the meeting for Informal Public Comments at 6:52 p.m. She stated each speaker would be limited to three minutes. Price Crutchfield, resident of 592 Love Street in Concord, expressed dissatisfaction with members of the Concord Police Department. Bishop Roland Jordan, resident of 134 Lore Street SW in Concord, expressed a request for a Veteran's Day proclamation as well as a request for a Martin Luther King Boulevard. He expressed a desire to see more diversity represented at the Commissioners' meetings and commented on the historical impact of Dr. Martin Luther King on society. He also expressed dissatisfaction for abuse of power by police officers. Mark Michaud, resident of 3478 Brighton Court in Concord, provided a handout for the commissioners and read the following: Good evening, Commissioners. I thank you for your service to Cabarrus County. As part of your service, you all take an oath "...that [you] will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina... ". On August 24,2012 the North Carolina Supreme Court affirmed the Court of Appeals decision that struck down the Cabarrus County's Adequate Public Facilities Ordinance ( "the APFO") in its entirety. This decision applies to several cases dealing with the APFO. The Court's opinion was written for Lanvale Properties vs County of Cabarrus and applies to these cases. At the end of the opinion, the Court wrote: In conclusion, we hold that (1) the County did not have statutory authority to adopt its APFO; (2) Session Law 2004 -39 did not authorize enactment of the APFO; and, (3) plaintiffs cause of action is not time barred. Accordingly, we affirm the decision of the Court of Appeals. (my emphasis added). Session Law 2007 -371 approved August 19, 2007 regarding NCGS 153A -324. Enforcement of ordinances. Item (b) reads: "If the county is found to have illegally exacted a tax, fee or monetary