BC 2009 04 06 Work Session - Laserfiche WebLink

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April 6, 2009 (Work Session) Page 1306 Act". Mr. Koch explained the concept of "Sovereign Immunity" and described several distinctions that have been created in the statutes over time. He stated the following: the County has purchased insurance, which essentially waives sovereign immunity under existing law; presently, the County is self- insured for the first $250,000.00 of a claim; for a claim of $250,000.00 or less, the County still retains its right to assert sovereign immunity; the County has purchased an excess policy for any claim totaling more than $250,000.00; etc. He explained that the proposed legislation would establish the following: 1) a Local Government Agency or unit can no longer assert the defense of governmental immunity in a lawsuit; 2) a Local Government unit can purchase supplemental insurance to cover the risk; 3) establishes a cap of $1 million per claim; and 4) expands the definition of "proprietary functions" to include a) the operation of a hospital, b) provision of medical, dental or other healthcare by a local government, c) the establishment, maintenance, and operation of a public enterprise (water and sewer), d) design, construction, maintenance, and operation of a stadium, auditorium, civic center, or exhibition hall, e) the design, construction, and maintenance of public streets, sidewalks, alleys, bridges, and other structures. He stated the bill does not establish a cap on claims against proprietary functions and a requirement exists of court approval of any settlement above $25,000.00. He reported the NCACC feels the bill will increase the number of cases going to trial, leaving few to be settled, while increasing personnel and insurance costs for counties. Commissioner Poole stated she forwarded the proposed legislation to Mark Henriques, Attorney for Cabarrus County Schools, and asked that he forward any information he has concerning the bill to her. Note: Vice Chairman Mynatt left the work session at 5:50 p.m. to attend the Cabarrus County Schools Board of Education meeting. Old Bethel School John Day, County Manager, reported a Request for Qualifications (RFQ) was sent out for brokers to list the Old Bethel School Property. Mike Downs, Deputy County Manager, stated one broker responded, visited the property, and then chose not to list it. Mr. Downs reported the following: he has spoken with Patrice Ognado with the Good Samaritan Neighborhood Center, Inc.; the non-profit has submitted a preliminary budget, which included a lot of income from the County and the Town of Midland; and the budget did not contain enough information regarding the source of additional funds. Mr. Downs responded to questions from the Board regarding the non-profit's preliminary budget. Mr. Downs also reported he has met with Warren Thompson with Wreck Houses, Inc., which creates non-profit, public recreational facilities. He stated Mr. Thompson has submitted a preliminary budget and staff has requested Mr. Thompson submit additional information including financial background information regarding their existing businesses; resumes; proposals for additional funding for the project; proposals for revenue- generating benchmarks; etc. This information is to be reviewed by staff at a later date. Commissioner Carruth commented that it seems the non-profits are counting on the County to provide services in the old school building as part of their revenue stream. Chairman White expressed the desire to be updated again on this item soon to keep from delaying a decision on how to proceed with the disposition of the property. Public Transit John Day, County Manager, reported that after talking with Brian Hiatt with the City of Concord, and Mike Legg with the City of Kannapolis, it has been discovered that the Charlotte Area Transit System (CATS) will receive approval for an extension of the line into University City in August 2010. He stated a feasibility study cannot be completed until CATS receives approval for that extension. Commissioner Carruth reported that the North Carolina Department of Transportation (NCDOT) plans to build a new Amtrak station in Charlotte near the transit center in 2012. He also stated the existing rail line could be used for public transit between Charlotte and Lexington.