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October 24, 2007 (Special Joint Meeting) Page 593 The Board of Commissioners for the County of Cabarrus held a Special Joint Meeting with the Concord City Council in the Multipurpose Room at the Cabarrus County Governmental Center in Concord, North Carolina on Wednesday, October 24, 2007, at 5:30 p.m. The purpose of the meeting was to discuss amending the Consent Judgment between the parties in the Craft Development and Morrison lawsuits; for each body to conduct a Closed Session, if needed, to consult with their respective attorneys in order to preserve the attorney client privilege to discuss such litigation as authorized by North Carolina General Statute §143-318.11(a)(3) and to consider an award pursuant to North Carolina General Statute X193-318.11(a)(2); and further to consider action relating to such in open session. Present - Chairman: Robert W. Carruth Vice Chairman: Joni D. Juba Commissioners: Grace Mynatt Coy C. Privette H. Jay White, Sr. Also present were John D. Day, County Manager; Richard M. Koch, County Attorney; Kay Honeycutt, Clerk to the Board; and Lori Hinson, Deputy Clerk to the Board. Others present were Scott Padgett, Mayor; Council Members Jim Ramseur, David W. Phillips, Ella Mae Small, Alfred M. Brown, Jr., W. Lamar 3arrier, Hector H. Henry II, and Randy Grimes; Brian Hiatt, City Manager, Albert M. Benshoff, City Attorney; Jill Chunn; City Clerk and Kim Deason, Deputy Clerk. Call to Order Chairman Carruth called the meeting to order at 5:30 p.m. - to Consult with Privilege and to Concord, et al, orth Carolina Gene UPON MOTION of Vice Chairman Juba, seconded by Commissioner White and unanimously carried, the Board moved to go into Closed Session to consult with the County Attorney in order to preserve the attorney client privilege and to discuss litigation (Craft. Development LLC et al v City of Concord, et al, and Morrison et al v City of Concord) as authorized by North Carolina General Statute X193-318.11(a)(3); and to consider an award pursuant to North Carolina General Statute X193-318.11(a)(2). UPON MOTION of Vice Chairman Juba, seconded by Commissioner Privette with Chairman Carruth, Vice Chairman Juba and Commissioners Privette and White voting for, the Board moved to come out of Closed Session. Note: Commissioner Mynatt was not in attendance during the Closed Session, having been recused by the Board at her request from consideration of the Craft Development and Morrison litigation. Consequently, she left the room where the closed session was held. She did not participate in the discussion of the following resolution and did not vote. Resolution Approving Amended Agreement and Consent Judgment with the City of Concord UPON MOTION of Vice Chairman Juba, seconded by Commissioner White with Chairman Carruth, Vice Chairman Juba .and Commissioners Privette and White voting for, the Board adopted the following resolution: Resolution No. 2007-22 RESOLUTION APPROVING AMENDED AGREEMENT AND CONSENT JUDGMENT WITH THE CITY OF CONCORD WHEREAS, Cabarrus County ("County"), the City of Concord ("City") and the Water and Sewer District of Cabarrus County ("District") have been involved in litigation that is more particularly identified as the cases of Craft Development LLC et al v City of Concord, et al, 03 CVS 2900 (Cabarrus County Superior Court) and Morrison et al v City of Concord, 03 CVS 2462 (Cabarrus County Superior Court); and