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29 The Board of Commissioners for the County of Cabarrus met in regular session in the Commissioners' Meeting Room at the Governmental Center in Concord, North Carolina on Monday, February 7, 1994, at 4:30 P.M. Present - Chairman: Jeffrey L. Barnhart Commissioners: Sue B. Casper Arne L. Fennel Kenneth F. Payne Absent - Vice Chairman: Carolyn B. Carpenter Also present were Mr. John V. Witherspoon, County Manager; Mr. Fletcher L. Hartsell, Jr., County Attorney; and Mrs. Frankie F. Bonds, Clerk to the Board. Commissioner Carpenter was absent due to recent surgery. Chairman Barnhart called the meeting to order at 4:30 P.M. Mr. Leon Little of American Legion Post 115 and President of the Cabarrus County Veterans Council led the Pledge of Allegiance. Dr. Sydnor Thompson of the Westford United Methodist Church gave the invocation. Approval of Minutes UPON MOTION of Commissioner Fennel, seconded by Commissioner Payne and unanimously carried, the minutes of December 20 (special meeting) and December 20 (regular meeting), 1993 were approved as written. UNFINISHED BUSINESS Audit of Utilities Proposal - Mr. Blair Bennett Mr. Blair Bennett, Finance Director, recommended that the County employ Utilities Reduction Specialists to perform an audit of telephone and gas utilities on a contingency fee basis. He stated that the other two companies which he had interviewed did not have the expertise in telephone audits. Also, Mr. Bennett advised that it would not be advantageous to audit electrical accounts serviced by the City of Concord since there are not numerous electrical rate options available. Commissioner Casper objected to contingent fee contracts and questioned the company's responsibility for sharing in the costs if it is found that the County has underpaid its telephone or gas utility bills. It was noted during discussion that the North Carolina Supreme Court recently upheld the validity of contingent fee contracts. UPON MOTION of Commissioner Payne, seconded by Chairman Barnhart with Commissioners Payne and Fennel and Chairman Barnhart voting for and Commissioner Casper voting against, the Board approved the following contract between Cabarrus County and Utilities Reduction Specialists. NORTH CAROLINA CABARRUS COUNTY CONTRACT Cabarrus County, a body politic organized and existing under the laws of the State of North Carolina, hereinafter referred to as "County"; and UTILITY REDUCTION SPECIALISTS, a partnership organized and doing business under the laws of the State of North Carolina, hereinafter referred to as "Specialists", do hereby agree and covenant as follows: WI T N E S S E T H: 1. Specialists agree that it will: A. Conduct a utility audit by analyzing: telephone billings and records; electric, billings and records: gas billings and 'records as directed by county at specified sites. B. Seek refunds and credits for billing errors;