BC 1991 09 16 - Laserfiche WebLink

Home Browse Search

305 The Board of Commissioners for the County of Cabarrus met in regular session in the Commissioners' Meeting Room at the Cabarrus County Governmental Center in Concord, North Carolina on Monday, September 16, 1991, at 6:30 P.M. Present - Chairman: Billy J. Simmons, Jr. Commissioners: Jeffrey L. Barnhart Carolyn B. Carpenter William G. Hamby, Jr. Absent - Commissioner: Kenneth F. Payne Also present were Mr. Fletcher L. Hartsell, Jr., County Attorney, and Mrs. Frankie F. Bonds, Clerk to the Board. Chairman Simmons called the meeting to order at 6:35 P.M. The invocation was given by Reverend James C. Goodloe, IV, of the Gilwood Presbyterian Church. Chairman Simmons announced that the Board had decided to postpone the County Manager search for four weeks until Commissioner Payne is able to return and participate in the interview process after having heart surgery last week. UPON MOTION of Commissioner Barnhart, seconded by Chairman Simmons with Commissioners Barnhart, Carpenter and Hamby and Chairman Simmons voting for, the minutes of August 28, September 3, and September 7, 1991 were approved as written. Chairman Simmons reviewed the Board's Rules of Procedures and explained that the Board had a period of time set aside during the first meeting of each month for informal public comments. However, he stated that the public's role during the Board's other meetings, with the exception of scheduled public hearings, was that of an observer. In conclusion, Chairman Simmons tnv£ted the public to contact the Board members at home or write letters to them regarding items under consideration. Chairman Simmons stated that he was going to make a few comments about the settlement agreement and the litigation with the City of Concord. He asked that the Clerk enter a summary of his comments into the record and stated that he was going to send certified letters to each member of the local media and to their supervisors regarding his comments and the airport-related litigation. By reference, these letters are filed with the Clerk. The following is a summary of comments as presented by Chairman Simmons. I am going to briefly summarize the content of those letters. Cabarrus County has been sued twice over the airport project. The first time by myself and the commissioners-elect. That suit was paid for by private taxpayers and asked Judge Davis to block the airport sale by injunction based on the ten-day notice rule. Judge Davis did not block the sale. Since the sale occurred the next day, the lawsuit to stop it is meaningless. County tax dollars were never spent on filing that lawsuit against the County. That lawsuit against Cabarrus County has no relation to the litigation with the City of Concord that was discussed in the paper this weekend. Cabarrus County was sued a second time the second week of December by the City of Concord. Concord asked for an injunction against the County's doing anything that might interfere with the airport project. Concord also asked the judge to rule that the contracts were legal and binding and finally asked the judge to rule that Cabarrus County pay Concord's legal fees for the lawsuit Concord filed against the County. Cabarrus County, or at least a majority of the Cabarrus County Commission, felt the contracts were not valid and had no intention of paying Concord's legal fees on a lawsuit Concord initiated. The County felt the former commissioners improperly sold land to Concord for $3.2 million, that is worth closer to $7 million now, on an interest free loan and improperly gave Concord $1.5 million in cash, which many of us on the Commission felt amounted to little more than a bribe to take over the airport project. The County felt the former commissioners acted in their own self interest and not in the interest of County taxpayers that elected them. To protect close to $4.5 million in County taxpayer's property, the County chose to defend itself against Concord's lawsuit and filed a counterclaim to recover County taxpayer's land and money. Cabarrus also asked for an injunction against Concord until this legal question was answered.