2001 - 10-22-01 Regular Meeting - Laserfiche WebLink

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t3oN i.0 PICE (;50 006 board that at the August 20, 2001 meeting, District Engineer Joe Clendenin informed the board that the Department of Transportation was currently working on a project that involved the relocation of a portion of Westover Drive and the installation of a traffic signal at Pendergrass Road and US 1. The board at that time adopted a resolution endorsing that project. He told the board that DOT had approved the conveyance of approximately 0.228 acres of right-of-way to Roy Mashburn in exchange for a 0.759 acre area to be dedicated to the Department for the relocation of the road. Mr. Mashburn is asking that the Department of Transportation abandon the 0.228 acre right-of-way on Westover Drive (SR 1333). After some discussion, Commissioner Lemmond moved to approve a resolution asking that DOT abandon 0.228 acres of right-of-way on Westover Drive, a copy of which is attached to these minutes and by this reference made a part hereof. Upon a vote, the results were as follows: Aye: Adams, Hineks, Lemmond, Matthews, Paschal, Reives, and Sauls Nay: None The Chairman ruled the motion had been adopted unanimously. The board considered a class action suite against all one hundred counties over the refund of stamps. County Attorney K. R. Hoyle told the board that American Woodland Industries, Inc. and two other timber companies brought suit on March 12, 2001, against the Secretary of Revenue, the State of North Carolina, and all one hundred counties. The purpose of the suit is to recover a refund of stamp taxes paid on timber conveyances through the office of the Register of Deeds in the various counties of North Carolina. lie further told the board that he attended a meeting on September 18, 2001, where it was decided that the same attorneys who drafted the briefs also handle the appeals (which they have volunteered to (to). County Manager William Cowan submitted a letter to Moore County Attorney Lesley Moxley giving her authorization to represent Lee County in all matters pertaining to the above case. Commissioner Reives moved to approve the following resolution: RESOLVED that the action taken by the County Manager by letter dated October 15, 2001 to Lesley Moxley, Esquire, authorizing her to represent Lee County in all matters in the Appellate Division of the General Court of Justice pertaining to the case of American Woodland Industries, Inc., et al. vs. Offernnan, el al. is hereby adopted, confirmed and ratified. Upon a vote, the results were as follows: Aye: Adams, Hineks, Lemmniond, Matthews, Paschal, Reives, and Sauls Nay: None The Chairman ruled the motion had been adopted unanimously. 6