BC 1990 11 28 - Laserfiche WebLink

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593 The Board of Commissioners for the County of Cabarrus met in recessed session in the Commissioners' Meeting Room at the Cabarrus County Governmental Center in Concord, North Carolina, on Wednesday, November 28, 1990, at 8:00 A.M. Present - Chairman: James W. Lentz Commissioners: R. Giles Moss Martha H. Melvin Billy J. Simmons, Jr. Absent: Commissioner: William G. Hamby, Jr. Mr. Fletcher L. Hartsell, Jr., County Attorney, advised the Board that he had not yet completed the two proposed agreements relative to the airport and water and sewer line extension funds. He indicated that the proposals should be completed by lunch on this date. He clarified that the total expenditure amount of $3,165,100.86 was the amount to be used in drafting the terms of the agreement. Mr. Gordon Belo, Attorney for the City of Concord, was also present to answer questions regarding the proposed agreement. Mr. Hartsell advised the Board that a lawsuit had been filed by Commissioner Simmons and Commissioners-elect Jeff Barnhart, Carolyn Carpenter, and Kenneth Payne relative to the actions taken by the Board concerning the airport property and funding for water and sewer extensions. Stating there would be a possible conflict of interest if he were called to testify in the matter, Mr. Hartsell recommended that the Board authorize the employment of other counsel for the County on a contingent basis if the circumstances should arise and other counsel is needed. UPON MOTION of Chairman Lentz, seconded by Commissioner Melvin with Chairman Lentz and Commissioners Melvin and Moss voting for and Commissioner Simmons voting against, the Board moved to employ James C. Johnson, Jr. as counsel in the lawsuit filed by Commissioner Bill Simmons and Commissioners- elect Jeff Barnhart, Carolyn Carpenter, and Kenneth F. Payne in the event that Mr. Fletcher L. Hartsell, Jr., County Attorney, is unable to serve as counsel in this matter. Chairman Lentz instructed Mr. Michael M. Ruffin to prepare by 1:00 P.M. on this date a budget amendment to appropriate the $1.5 million in funds to be paid to the City of Concord for the water and sewer line project. Funds are to be transferred from Appropriated Fund Balance for this appropriation. Chairman Lentz announced that there would be a special meeting of the Board at 5:00 P.M. on Friday, November 30, 1990 to consider the following matters. Finalization of Land Transfer Dealing with the Airport Project Ambulance Franchise Award to Char-MECK Ambulance Service- Second Reading Chairman Lentz recessed the meeting until 2:00 P.M. on this date. Chairman Lentz reconvened the meeting at 2:00 P.M. in the. Commissioners' Meeting Room. Commissioners Moss, Melvin and Simmons were also present at that time. Mr. Fletcher L. Hartsell, Jr., County Attorney, reported that copies of the proposed agreements were being prepared at this time and would be delivered during the meeting. He also announced that a Temporary Restraining Order had been issued by The Honorable James C. Davis, Superior Court Judge, relative to the conveyance of the airport property to the City of Concord and the delivery of $1.5 million to the City of Concord for water and sewer extension. The hearing in this matter is scheduled for 5:00 P.M. on Thursday, November 29, 1990. Chairman Lentz announced that Mr. James C. Johnson, Jr., was scheduled for surgery on Friday and could not serve as counsel for the County. Mr. Hartsell again explained that he would not be able to handle the case if he were called to testify in the matter and recommended that the Board have an attorney available in the event that he could not serve as counsel. UPON MOTION of Chairman Lentz, seconded by Commissioner Melvin with Chairman Lentz and Commissioners Melvin and Moss voting for and Commissioner Simmons voting against, the Board authorized Chairman Lentz to hire an attorney to handle the legal matter referred to in the Civil Summons, File Number 90 CVS 2206. Commissioner Simmons requested that the Board give directions as a Board when instructing County staff, and specifically the County Manager, to act on the Board's behalf. No action was taken in this matter.