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August 21, 2002 Page 441 The Board of Commissioners for the County of Cabarrus met in recessed session at the Cabarrus Regional Chamber of Commerce, 2391 Dale Earnhardt Boulevard, Kannapolis, North Carolina, on Wednesday, August 21, 2002, at 7:00 p.m. with the Kannapolis City Council. Present - Chairman: Robert M. Freeman Vice Chairman: Robert W. Carruth Commissioners: Arne L. Fennel Coy C. Privette Richard D. Suggs Also present were Mr. Frank W. Clifton, Jr., County Manager; Mr. Fletcher L. Hartsell, Jr., County Attorney; and Mrs. Frankie F. Bonds, Clerk to the Board. Chairman Freeman called the meeting to order at 7:00 p.m. Suggs was absent for the beginning of the meeting. Commissioner Mayor Ray Moss and the following members of the Kannapolis City Council were present for the meeting: Robert Misenheimer; Kenneth Geathers; Paul Bessent; Randy Cauthen; Darrell Hinnant; and Richard Anderson. Also present were Mr. Mike Mahaney, Kannapolis City Manager; Mr. Mike Legg, Assistant City Manager; and Ms. Bridgette Bell, City Clerk. Also present were Mr. Ken Lingafelt of Southeast Developers and a number of persons associated with the proposed indoor track and field arena. The Kannapolis City Council voted to go into Closed Session to discuss the location of industries or other businesses in Cabarrus County. Commissioner Fennel made a motion to go into closed session with the Kannapolis City Council to discuss matters relating to the location or expansion of industries or other businesses in Cabarrus County as authorized by North Carolina General Statute 143-318.11(a) (4). The motion died for a lack of a second. Commissioner Suggs arrived at 7:10 p.m. and was present for the remainder of the meeting. There was lengthy discussion by the Board as to whether or not to go into Closed Session. Issues addressed by the Board included the following: (1) Purpose of a Closed Session in recruiting new businesses to the area; (2) Violation of the previous Closed Session concerning the proposed sports facility, specifically the synopsis that appeared in the newspaper the morning after the meeting; (3) The number of representatives from various companies, including investors from Chicago, who were present to meet with the Board in Closed Session; (4) The information regarding the proposed facility that has already been published in the local newspapers; and (5) Need for the citizens of Cabarrus County to know what is going on with the taxpayers' money. Mr. Hartsell confirmed that the Board had grounds to go into Closed Session if it chose to do so. UPON MOTION of Commissioner Fennel, seconded by Vice Chairman Carruth with Commissioners Fennel and Suggs and Vice Chairman Carruth voting for and Chairman Freeman and Commissioner Privette voting against, the Board moved to go into Closed Session to discuss matters relating to the location or expansion of industries or other businesses in Cabarrus County as authorized by North Carolina General Statutes 143-318.11(a) (4) and to establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange or lease as authorized by North Carolina General Statute 143-318.11(a) (5). UPON MOTION of Vice Chairman Carruth, seconded by Commissioner Privette and unanimously carried, the Board voted to end the Closed Session. UPON MOTION of Vice Chairman Carruth, seconded by Commissioner Fennel and unanimously carried, the Board authorized staff, the County Attorney and either one or two members of the Board to be appointed to a negotiating team (along with officials from the City of Kannapolis) to further pursue the proposed project (indoor track and field arena) and authorized the expenditure up to $20,000.00 by the County to be used along with $20,000.00 each from the City of Kannapolis and the developer toward an extended option