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<br />August 15, 2005 - Regular Meeting <br /> <br />Page <br /> <br />306 <br /> <br />UPON MOTION of Vice Chairman Carruth, seconded by Commissioner Freeman <br />and unanimously carried, the Board reconvened the regular meeting of the Board <br />of Commissioners at 11:43 p.m. <br /> <br />(L) CLOSED SESSION <br /> <br />(L-1) To Consult with the County Attorney to Preserve the Attorney-Client <br />Privilege and Discuss Pending or Threatened Litigation; and to Discuss the <br />Acquisition of Property along Corban Avenue for the Jail Project as Authorized <br />by NCGS 143-318.11 (a) (3) (5) <br /> <br />(L-2) To Discuss a Personnel Matter(s) as Authorized by NCGS 143-318.11(a) (6) <br /> <br />UPON MOTION of Vice Chairman Carruth, seconded by Commissioner Freeman <br />and unanimously carried, the Board moved to go into Closed Session to consult <br />with the County Attorney to preserve the attorney-client privilege and discuss <br />pending or threatened litigation, to discuss the acquisition of property along <br />Corban Avenue for the Jail Proj ect and to discuss a personnel matter (s) as <br />authorized by NCGS 143-318.11 (a) (3) (5) (6). The Board invited Don cummings, <br />Human Resources Director, to join the Board for a portion of the Closed <br />Session. <br /> <br />UPON MOTION of Vice Chairman Carruth, seconded by Chairman Carpenter and <br />unanimously carried, the Board moved to come out of Closed Session. <br /> <br />Condemnation of Property <br /> <br />UPON MOTION of vice Chairman Carruth, seconded by Commissioner Freeman <br />with vice Chairman Carruth, Chairman Carpenter and Commissioners Freeman and <br />Juba voting for and Commissioner Privette voting against, the Board adopted the <br />following Resolution; and authorized the appropriate budget amendment to use <br />excess Fund Balance over 15 percent Board policy to pay for the purchase. <br />These funds will be transferred to the Law Enforcement Construction Fund. <br /> <br /> <br />Resolution No. 2005-25 <br /> <br />A RESOLUTION AUTHORIZING CONDEMNATION <br />TO ACQUIRE CERTAIN PROPERTY <br /> <br />WHEREAS, the Cabarrus County Board of Commissioners (the "Board") hereby <br />determines that it is both necessary and in the public interest to acquire <br />certain property which may be owned by those persons or entities identified in <br />Exhibit A hereto (the "properties"), for the following purpose: <br /> <br />To expand necessary temporary and permanent jail facilities for the <br />detention of individuals awaiting trial in the Courts of the County <br />and for related law enforcement and/or Court facilities. <br /> <br />WHEREAS, the proper officials or representatives of the Board have been <br />unable to acquire the needed interests in the properties by negotiated <br />conveyance. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CABARRUS COUNTY BOARD OF <br />COMMISSIONERS that: <br /> <br />1. The Cabarrus County <br />condemnation, for the purposes <br />therein described in Exhibit A <br />reference. <br /> <br />Board of Commissioners shall acquire by <br />stated above, the properties and interests <br />attached hereto and incorporated herein by <br /> <br />2. Attorneys representing the Cabarrus County Board of Commissioners <br />are directed to institute the necessary proceedings under Chapter 40A of the <br />North Carolina General Statutes to acquire the properties. <br /> <br />Adopted: This 15th day of August, 2005. <br /> <br />CABARRUS COUNTY BOARD OF COMMISSIONERS <br />BY: /s/ Carolyn B. Carpenter <br />Carolyn B. Carpenter, Chairperson <br /> <br />ATTEST: <br />/s/ Frankie F. Bonds <br />Clerk to the Board <br />