BC 2012 12 26 Recessed Meeting - Laserfiche WebLink

Home Browse Search

December 26, 2012 (Recessed Meeting) Page 1370 The Board of Commissioners for the County of Cabarrus met in recessed session in the Multipurpose Room at the Cabarrus County Governmental Center in Concord, North Carolina on Wednesday, December 26, 2012, at 9:00 a.m. Present - Chairman: Elizabeth F. Poole Vice Chairman: H. Jay White, Sr. Commissioners: Larry M. Burrage Christopher A. Measmer Stephen M. Morris Also present were Mike Downs, County Manager; Richard M. Koch, County Attorney; Jonathan Marshall, Deputy County Manager; and Pam Dubois, Deputy County Manager. Megan Smit, Clerk to the Board, was not in attendance due to travel abroad. Call to Order Chairman Poole called the meeting to order at 9:07 a.m. Register of Deeds - To Discuss and to Consider Appointment of Melton Wayne Nixon, Jr., the Nominee of the Republican Pasty Executive Committee, to the Office of Register of Deeds and to Consider Mr. Nixon's Proposed Official Bond for Approval John Lewis, Cabarrus Republican Party Chairman, reported the Cabarrus County Republican Executive Committee met on December 20, 2012. He presented Melton Wayne Nixon, Jr. as the Party's nominee to fill the register of deeds vacancy. Mike Downs, County Manager, stated staff met with Mr. Lewis and Mr. Nixon Friday, December 21 Mr. Nixon answered all their questions and completed a bond application. The bond was submitted to Penn National Insurance and was issued on Monday, December 24, 2012. He advised the county attorney is currently reviewing the bond. Chairman Poole advised the board to take time to review the bond. Mr. Downs advised that the effective date on the bond is February lst to allow time for the conclusion of business at his law practice, per Mr. Nixon's request. Pam Dubois, Deputy County Manager, stated Linda McAbee knows of the request for February 1 St and is willing to keep her bond open until that date. Richard Koch, County Attorney, responded to questions from Vice Chairman White. The following topics were addressed: that the bond is valid for one year and may be renewed with a continuation certificate; the bond is consistent with statute that requires the commissioners to review the bond every year and to determine if the principal and the surety remain adequate; etc. Mr. Nixon responded to questions from Vice Chairman White, stating that he is licensed and in good standing with the North Carolina State Bar (NCSB), has never had action taken against him by the NCSB in any form and holds a Martindale - Hubbell rating of "AV" ( "A" standing for the highest level of competence and "V" standing for the highest level of ethics). Commissioner Burrage questioned the term of the bond. Mr. Koch responded that the statute says the bond should be made for the term of office. He added that there is a separate statute requiring the board to review the bond every year. The bond is made out for a one -year term that can be renewed at the discretion of the company. He advised with the two statutes considered together, the bond would qualify as a valid bond for this office. Commissioner Burrage questioned Chairman Poole about an issue raised prior to the December 17 regular meeting. Chairman Poole advised the matter would be addressed in closed session. She stated there would be a number of actions taken today: the board has been given the nomination from the Cabarrus Republican Executive Committee and an action will be needed to accept the bond; a closed session will be