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July 21, 2003 Page 208 <br /> <br /> The Board received notification that the three major ratin9 agencies <br />(Moody's, Standard and Poors and Fitch) have all confirmed the County's <br />double A rating. This bond rating was required prior to the issuance of the <br />2003 Certificates of Participation for school construction. <br /> <br />(J-2) Vacant Position Report (Effective July 8, 2003) <br /> <br />The Board received the monthly vacant position report. <br /> <br />(K) CLOSED SESSION <br /> <br /> UPON MOTION of Commissioner Carruth, seconded by Commissioner Privette <br />and unanimously carried, the Board moved to go into Closed Session to discuss <br />personnel matters as authorized by North Carolina General Statute (NCGS) 143- <br />318.11(a) (6) and to consult with the Attorney regarding pending or threatened <br />litigation as authorized by NCGS 143-318.11(a) (3). <br /> <br /> UPON MOTION of Commissioner Carruth, seconded by Commissioner Privette <br />and unanimously carried, the Board moved to come out of the Closed Session. <br /> <br />Authorization to Fill Vacant Position at the Department of Social Services <br /> <br /> UPON MOTION of Commissioner Privette, seconded by Commissioner Carruth <br />and unanimously carried, the Board authorized the Social Services Director to <br />hire an individual at above job rate to fill the vacant Child Support <br />Supervisor III position. <br /> <br />Rei~ursement of Bid Deposit <br /> <br /> UPON MOTION of Commissioner Privette, seconded by Commissioner Carruth <br />and unanimously carried, the Board authorized the reimbursement to Benderson <br />Property Development of $35,625.00, which was one-half of the bid deposit <br />that was submitted with a bid for the purchase of the Cabarrus County School <br />Administrative Complex in 2000. This action resolved the Benderson Property <br />Development versus Cabarrus County issue. <br /> <br />County Manager Position <br /> <br /> UPON MOTION of Commissioner Privette, seconded by Vice Chairman Suggs <br />and unanimously carried, the Board moved to employ John D. Day as Cabarrus <br />County Manager with the salary and benefits to be outlined in the Employment <br />Agreement. <br /> <br /> UPON MOTION of Commissioner Carruth, seconded by Commissioner Privette <br />with Commissioners Carruth and Privette, Vice Chairman Suggs and Chairman <br />Freeman voting for and Commissioner Carpenter voting against, the Board <br />approved the following Employment Agreement with John D. Day and authorized <br />the Chairman to execute the Agreement on behalf of Cabarrus County. <br /> <br />AGREEMENT <br /> <br /> THIS EMPLOYMENT AGREEMENT, made and entered into on this the 21st day <br />of July, 2003, by and between the COUNTY OF CABARRUS, NORTH CAROLINA, herein <br />called "EMPLOYER" and John David Day, herein called "EMPLOYEE"; <br /> <br />WITNESSETH: <br /> <br /> WHEREAS, the CABARRUS COUNTY BOARD OF COMMISSIONERS (the "Board") <br />desires to retain the services of John David Day as County Manager for the <br />County and they expect that he will continue to serve in that capacity on a <br />full-time basis and discharge the duties of that office during his tenure in <br />that position; and, <br /> <br /> WHEREAS, during his tenure as County Manager it is expected that <br />numerous major public projects and programs will be planned, developed and <br />implemented to improve and enhance the County's public services and <br />facilities for the benefit of citizens and taxpayers; and, <br /> <br /> WHEREAS, it is expected that various technical and legal proceedings may <br />be raised in conjunction with the duties and responsibilities assumed by the <br />County Manager; many of these matters may require the assistance and <br />cooperation of the EMPLOYEE long after his employment with the County has <br />ended; and, <br /> <br /> <br />