BC 1991 07 22 - Laserfiche WebLink

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238 UPON MOTION of Chairman Simmons, seconded by Commissioner Barnhart and unanimously carried, the executive session was adjourned. Chairman Simmons reported that the Board of Commissioners and the Concord Board of Aldermen had met in executive session to discuss the liti§ation relative to the airport construction and the water/sewer contracts. He presented a brief history of the liti§ation which he stated be§an in December 1990 when the City filed a suit to enforce the two contracts and the County filed a counterclaim alle§tn§ the contracts to be invalid. A preliminary injunction was issued against the County by Judge James Long and an appeal to that decision was filed by the Board. Chairman Simmons reported that at his initiation Commissioner Barnhart and County Attorney Hartsell met with members of the Board of Aldermen in February and March to discuss possible ways to settle the lawsuit. He further stated that he met with members of the Board of Aldermen in April and discussed three specific issues. Chairman Simmons briefly described the proposal whereby the County would accept payment for the airport land and would dismiss the appeal. In return, the City would join the Water and Sewer Authority and convey the sewer plant and lines for $1.00 to the Authority and would also convey the $1.5 million given to the City in November to the Water and Sewer Authority. Stating that this was the current status of the negotiations, Chairman Simmons recognized Mayor Edwards for comments. Mayor Edwards commented the Board of Aldermen had come to the meeting on this date expecting to take some type of action in regards to the different contracts that had been drawn up to settle the litigation. He referred to the two contracts presently under consideration as the July 18th draft and the July 22nd draft, which he stated had been added to by the County this afternoon. Stating the Board of Aldermen was ready to resolve the litigation and vote on one of the two documents, he asked for a motion to adopt the July 22nd contract. By motion made by Alderman Dusch and seconded by Alderman Barrier, the Board of Aldermen unanimously adopted the July 22nd draft of the proposed contract. Mayor Edwards then read a prepared press release outlining the past controversies between the City and County involving the major service delivery projects of the Coddle Creek Reservoir, wastewater treatment plant, and the airport. Stating that the City had acquired the airport from the former Board of Commissioners on essentially the same terms the County had acquired Coddle Creek from the City, Mayor Edwards commented it was the present Board's problems with the transaction that had led to the litigation. He described the proposed agreement as one whereby the County would pay the City the remaining installments for Coddle Creek and drop all pending airport related litigation if Concord would agree to the County's lump sum price for the airport property and agree to endorse and participate in the establishment of a regional authority to take on the operation of the wastewater treatment plant. According to Mayor Edwards, the Board of Aldermen had discussed the proposal and decided it was in the public's best interest to settle the litigation. He expressed concern over the hesitancy by the Board of Commissioners in approving the contract as he stated the proposed settlement was essentially the one proposed by the County. The Board of Aldermen then by motion adjourned its meeting and left the room. Chairman Simmons stated he had apologized to the Board of Commissioners because he was the one who had initiated the action to settle the litigation. He reminded those present that the City had filed the lawsuit and stated that the Mayor had refused an invitation to discuss the matter until after the first court hearing. Chairman Simmons explained that the July 22nd contract was drafted by the attorneys and forwarded to the City prior to review by the Commissioners. He stated he had expected the City to adopt the earlier draft of the agreement and that the Commissioners would continue to consider the agreement that had been presented to them. He then closed the matter for discussion at that time. NEW BUSINESS Zoning Atlas Amendments At 8:20 P.M. Chairman Simmons opened the public hearing for the proposed Zoning Atlas amendments. Dr. Nancy Randall, Chairperson of the Cabarrus County Planning and Zoning Commission, presented the petitions as recommended by the Planning and Zoning Commission. Mr. Jonathan Marshall, Planner, presented the staff analysis for each of the petitions. Public input was received prior to action by the Board regarding each petition.