BC 2010 05 17 Regular Meeting - Laserfiche WebLink

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May 17, 2010 (Regular Meeting) Page 1934 • Public Health Authority • Region F Aging Advisory Committee • Tourism Authority • Transportation Advisory Board (J) GENERAL COMMENTS BY BOARD MEMBERS Chairman White wished Commissioner Carruth a happy birthday and announced it is also his mother's 84 th birthday. He commended staff for their tireless hours preparing the budget and encouraged citizens to attend the budget workshops on May 25 th - 27 th to learn more about the county. He also announced Gilmore Chapel A.M.E. Zion Church is celebrating its centennial anniversary and has planned a series of activities leading up to the May 23r anniversary celebration, including a conference on June 3. Citizens were encouraged to attend. Commissioner Poole encouraged citizens to use the County's website to see the available programs, sign up for the email alerts and get more involved in the many good opportunities happening in the County. Commissioner Mynatt stated she visited a wet prairie on Lewis Suther's farm on Gold Hill Road. She said the wet prairie is the last remaining original prairie land in the State of North Carolina and the University of North Carolina at Charlotte uses it as a study site for their botany students. Statement of Settlement of Litigation - Marvel E. Daniels Chairman White read the following Statement of Settlement of Litigation: Cabarrus County has settled the case Marvel E. Daniels v Cabarrus County Department of Health and Human Services, Tara Baucom and Cabarrus County 09 CVS 4823 (Cabarrus County Superior Court). This case involved a claim for malicious prosecution against Ms. Baucom, arising from an incident at the Cabarrus County Department of Social Services (CCDSS), in which Ms. Baucom, an employee of CCDSS, believed the plaintiff falsely imprisoned Ms. Baucom in an office. Ms. Baucom obtained a warrant for the plaintiff's arrest, but the plaintiff was acquitted. The case was vigorously defended by the County on the basis that none of the defendants was liable to the plaintiff. This was the second time the plaintiff had filed this case; she took a voluntary dismissal on the eve of dispositive motions in the first case, then timely re- filed. The case sought unspecified damages in excess of $10,000.00. On advice of trial counsel, the County settled this matter for payment of $3,000.00 to plaintiff. This was a nuisance value settlement. Approval of the terms of the settlement was made by the Commissioners in closed session as permitted by the Open Meetings Law. The case has been dismissed and the matter is concluded. Announcement of this settlement is made pursuant to the Open Meetings Law (N.C.G.S. §143- 318.11). (K) WATER AND SEWER DISTRICT OF CABARRUS COUNTY None. (L) CLOSED SESSION L -1 BOC - A Closed Session is Needed to Discuss Threatened or Pending Litigation and Personnel Matters UPON MOTION of Vice Chairman Poole, seconded by Commissioner Carruth and unanimously carried, the Board moved to go into Closed Session to discuss threatened or pending litigation (APFO) and personnel matters as authorized by NCGS 143- 318.11(a)(3) and (6). Richard Koch, County Attorney, Tony Harris, Safety and Risk Manager, and Larry Justice, Compensation Claims Solutions, were invited into the Closed Session. UPON MOTION of Commissioner Carruth, seconded by Commissioner Mynatt and unanimously carried, the Board moved to come out of Closed Session at 9:16 p.m. (M) RECESS