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269 <br /> <br /> Commissioner Hamby reported that the planned balloon festival in October <br />at Frank Liske Park had been cancelled due to the construction a nearby radio <br />tower. <br /> Commissioner Hamby reported that Mr. Bill Kenerly, District Attorney, had <br />asked that the County pay for a pager for his office in order for a staff member <br />to be on call 24 hours per day. He stated that necessary funds are available <br />in the Courts budget, and the Board by consensus approved the request. <br /> Commissioner Hamby reported that the Concord-Cabarrus Chamber of Commerce <br />had asked if any County employees planned to participate in the Leadership <br />Cabarrus Program this year. It was noted that no funds had been included in the <br />Fiscal Year 1991-1992 budget for this program. <br /> Chairman Simmons reintroduced discussion of the proposed Settlement <br />Agreements with the City of Concord. He explained that there were two drafts <br />of the agreements, 3uly 19th and July 22nd, and that the July 22nd draft had <br />been forwarded to the City prior to ratification by the Commissioners. <br />According to Chairman Simmons, the Board of Aldermen had issued a deadline of <br />6:30 P.M. on this date for settlement of the matter. Stating the Board of <br />Commissioners and the Board of Aldermen were basically in agreement, Chairman <br />Simmons stated he objected to the July 22nd draft as in his opinion it corrected <br />all the items of the November 30, 1991 contracts which were alleged to be <br />defective and illegal with the exception of the ten-day rule. He further <br />commented that in his opinion the July 22 contract would possibly preclude <br />citizens of the county from filing any further lawsuits in this matter. In <br />conclusion, Chairman Simmons stated that members of the Commission did initiate <br />the process and would continue to try to find a way to settle the litigation. <br /> Commissioner Barnhart stated his disappointment with the decision and read <br />a prepared statement in support of the settlement of the airport litigation. <br />He expressed concern relative to the entire airport process and commented on <br />governmental integrity, the Board's commitment to the preservation and <br />protection of the County's property and funds, and its responsibility to work <br />toward a better Cabarrus County. Commissioner Barnhart stated in his opinion the <br />adoption of the proposed settlement agreement would offer a fresh start toward <br />the needed cooperation on other important concerns such as the coordination of <br />utilities by creating a Water and Sewer Authority. In conclusion, he noted his <br />support of the proposed settlement agreement was in no way an endorsement of the <br />airport or the actions of the previous Board. <br /> Commissioner Carpenter read a prepared statement in opposition to the <br />proposed settlement agreement. She stated that she had been denied her request <br />for the proposed agreement to include a provision whereby the people of the <br />county would be given an opportunity to vote on an airport. Commissioner <br />Carpenter questioned the cost of the project at $17 million and stated in her <br />opinion the water and sewer authority was not worth that amount. In conclusion, <br />she stated that there was industrial growth occurring in this county without an <br />airport and in her opinion the airport was not needed nor wanted by a majority <br />of the people. <br /> UPON MOTION of Commissioner Barnhart, seconded by Chairman Simmons and <br />unanimously carried, the Board moved to go into executive session to discuss <br />personnel, consult with counsel, and to consider possible land acquisition and <br />pending litigation. <br /> UPON MOTION of Commissioner Hamby, seconded by Commissioner Payne and <br />unanimously carried, the executive session was adjourned. <br /> Commissioner Barnhart left the meeting at this time. <br /> UPON MOTION of Chairman Simmons, seconded by Commissioner Carpenter with <br />Chairman Simmons and Commissioners Carpenter, Hamby and Payne voting for, the <br />Board excused Commissioner Hamby from voting in the matter relative to the <br />payment to Commissioner Hamby for services rendered as Interim County Manager. <br /> UPON MOTION of Chairman Simmons, seconded by Commissioner Payne with <br />Chairman Simmons and Commissioners Payne, and Carpenter voting for and <br />Commissioner Hamby abstaining, the Board by resolution agreed to the following: <br />Due to the great amount of time that Commissioner Hamby has sacrificed away from <br />his law practice, the Board shall compensate him for 60 hours at $35.00 per hour <br />for his efforts as Interim Manager. <br /> Commissioner Hamby resigned as Interim County Manager due to time <br />constraints involving his law practice. <br /> Commissioner Payne left the meeting at this time. <br /> UPON MOTION of Chairman Simmons, seconded by Commissioner Hamby with <br />Chairman Simmons and Commissioners Hamby and Carpenter voting for, the Board <br />appointed Commissioner Carpenter as Interim County Manager. <br /> UPON MOTION of Chairman Simmons, seconded by Commissioner Hamby with <br />Chairman Simmons-and Commissioners Hamby and Carpenter voting for, the Board <br /> <br /> <br />