County Closed Session Minutes on Land Sale Requested

As of Thursday, May 31, 2012

The Moore County Board of Commissioners is expected to consider a request from The Pilot next week to release minutes from recent closed meetings in which it might have discussed selling county land in Carthage.

County Commissioner Tim Lea accused fellow board members last month of violating the state’s public meetings law by going behind closed doors to discuss the sale of a 1.3-acre parcel to the Bojangles’ corporation.

The sale, according to Lea, would be contingent on a study under way that would determine if the county could spare the land.

State law allows elected officials to go into a closed meeting for select reasons, including the purchase of land. The law does not provide for a private meeting to discuss the sale of government-owned land.

North Carolina Press Association attorney Mike Tadych said the county board “is at peril” if illegal action was taken in closed session.

“The Open Meetings Law permits closed sessions regarding the acquisition of property (but) not divestiture,” he said. “If (the sale of county land) is what they discussed, the commission is at peril for having conducted an illegal closed session.

“The public policy behind openness for the sale of public property is pretty obvious in that if the public body is interested in selling, more bidders will likely raise the price versus one bidder in secret.”

The land in question is located near the Moore County Veterans’ Memorial on U.S. 15-501. Lea also took issue with what he called the “desecration” of the area should a fast food restaurant be placed nearby.

“This is not about Bojangles’, this is about respect for the veterans whose names are on the monument and who died in the service of their country,” Lea said. “I want the veterans of this county to know that there could potentially be trash from a fast food restaurant left around the area of the monument if this goes through. Is this the kind of image we want displayed?”

After Lea raised the matter at the board’s May 15 meeting, The Pilot submitted a public records request for minutes from the board’s prior closed sessions. Lea said the board discussed the land sale on three separate occasions.

“According to the law, this type of procedure has to be done in open session ... so that we have an opportunity to maximize the return on your assets and then put those monies in the general fund for future needs of the county, therefore hopefully keeping your tax rate low,” he said.

The Pilot made a formal request to County Clerk Laura Williams, who responded with the information that the issue would be addressed at the next regularly scheduled board meeting in June.

“The minutes and recordings can only be released by a vote of the board and as you know, they will meet again on June 5,” Williams said. “They are aware of your request.”

In a previous interview Commissioners’ Chairman Larry Caddell said the issue was discussed in advance with County Attorney Misty Leland.

“We went in and talked to Misty about what we could and couldn’t say in closed session, and that’s what we did,” he said. “Commissioner Lea is leaving the board later this year, and will do anything he can to make us look bad. We’re not doing anything under the table.”

Leland has said she could not comment on whether or not the issue was discussed in closed session.

The next regular meeting of the county board will be Tuesday at 6 p.m.

Contact John Lentz at (910) 692-2479 or jlentz@thepilot.com.

More like this story

tarheelborn 11 months, 3 weeks ago

Well, I just gotta chime in on this story. The Water CZAR (Larry Caddell) is surprisingly speaking "Half Truths". Usually it's nearly all Lies... He states, "Commissioner Lea is leaving the board later this year" but continues on with , "will do anything he can to make us look bad". Come on Larry, YOU are doing a VERY GOOD JOB at this ALL BY YOURSELF! Don't do STUPID things, Say STUPID things, display STUPID ACTIONS and then try to push the Blame off on someone which has served this county in the very same capacity as yourself and has done his very best to see our county has SOMEONE speaking up for ACCOUNTABILITY! Shame on you......

Now on to another issue. "Lea said the board discussed the land sale on three separate occasions." Commissioner Lea should know what was discussed, IF HE WERE THERE at these meetings. If he were there and the SALE OF LAND was discussed, Lea is 100% CORRECT! This is why we have more than a couple elected people on these boards! ACCOUNTABILITY Folks!

"North Carolina Press Association attorney Mike Tadych said the county board “is at peril” if illegal action was taken in closed session."

Now here is where I would like to take issue, AND DON'T SAY IT HASN'T BEEN DONE.... How can WE the VOTERS know FOR CERTAIN, when the Minutes of those meetings IF THEY TOOK ANY or OMITTED SOME STATEMENTS will COME BACK AND CHANGE THESE MINUTES at these Meetings to PROTECT themselves? WHO is in ATTENDANCE at these CLOSED SESSION meetings other than a COUNTY PAID ATTORNEY, (which is inexperienced, fair to look upon, hired by the CORRUPT COUNTY PAID MANAGER and was hired so she would be SWAYED by THE BOARD) a PAID COUNTY CLERK and THE BOARD ALONE??? I'm am not educated in these practices, SO could Someone tell the reading public and myself, is there and who is there with an Unbiased Observation, Sworn to Secrecy in what is said and not said ONLY in a situation such as this, which can TELL the Truth? I do not trust COUNTY PAID EMPLOYEES which have MUCH TO LOSE OR GAIN, even if they are Sunday School Teachers and attend Church Every Time the doors are open. Quite frankly I RUN FROM THEM and their so called Honest Statements. The Devil is more in the Church than on the Streets! ! ! Computers, Audio Tapes etc can be Cut, Deleted, Altered and destroyed.... Let's find out as Paul Harvey used to say, "THE REST OF THE STORY".

FightFireWithFire 11 months, 3 weeks ago

When are the next county board elections? I can't wait. All of this griping and complaining about how terrible everyone is on our county board, they should be getting voted out, right??

They call the popular vote that because it is supposed to be the vote of the populace, but it has become more one of popularity here. Who goes to what church, who lives in what neighborhood, etc. We need leaders who aren't about being liked and being popular as much as getting the right thing done.

Toda 11 months, 3 weeks ago

The actions of Larry Caddell and other board members have a black cloud of ethics violations hovering over every word spoken. Their deeds and indiscretions wearing two hats as business owners and elected officials except Larry Caddell who ran unopposed, continue to stretch the rubber band of ethical behavior beyond its breaking point.

The subliminal maneuvering by TPO-4 is nauseating. Caddell wants to bask in the limelight of being an honest Boy Scout, when in fact his actions are quite the opposite.

As a county employee who is paid by funds of taxpayers, Misty Leland has a responsibility to report to the people who pay her salary the truth of what was in fact discussed with the board prior to the vilation of the Sunshine Law. Should the Chairman chose to act as an attorney making decisions for he board without being properly licensed, he should be held accountable for his practicing law without a license.

The only advocate for the people will end his term of office in December; watch out taxpayers, if you think you have been hoodwinked in the past, the best is yet to come. The people need to have the AG's office oversee the Board since they have a another hand picked commissioner formerly from Robbins and now living in Whispering Pines becoming another "yes man".

The matter above should be handed over to the Attorney Generals Office for investigation.

JD 11 months, 3 weeks ago

We’re not doing anything under the table.

I call B.S. It's dirty Larry Caddell and company. I don't have to think he is up to no good, I know he is up to no good. If they weren't doing something wrong then why hide in a closed session?

jonathan_poverud 11 months, 3 weeks ago

I firmly support sunshine or public record laws, but I have heard from a number of veterans that they are opposed to the county selling the property adjacent to the memorial. While the attorneys and the press hash it out over the public record laws, it would be good if concerned citizens would go to the next board meeting Tuesday, June 5, 2012 at 6 pm at the old courthouse and speak up.

I personally like the fast food restaurant in question. I just don't think fast food is a good neighbor for a sacred memorial.

Let's take our voices to our elected officials!

Arestorer 11 months, 3 weeks ago

What can be done to fix Washington,when we allow this kind of stuff to go on locally??

Is the Attorney employed by the county or the BOC??Is she bound by the commissioners or state and federal laws??Sounds like she needs to be kicked to the curb along with Nick and Larry...

If I had anykind of qualification for the job, I would run......Although, "I AM" more able to tell the truth... Please,Someone run aqainst the Crooks!!!! You will most likely get my vote..

Why is everyone in the county sticking their heads in the sand???Doesnt anyone else care??

Arestorer 11 months, 3 weeks ago

“The minutes and recordings can only be released by a vote of the board"

Is this really true?? If so,It shouldnt be...Public record,should be public without a vote...

Bentpan 11 months, 3 weeks ago

One would think that local politicions would encourage open debate especialy when the sale of public property is concerned, Working behind closed doors can only lead to uneasy speculation, warranted or not. Funny thing is when you operate in secret, people rightly assume you have something to hide.

Toda 11 months, 3 weeks ago

Bentpan => Larry Caddell has wanted a Bojangles in Carthage for several years. He thinks taxpayers are gullible or stupid. Why not build one near the Carthage Town offices on 15-501, then traffic wouldn't have to divert to enter Carriage Oaks? Caddell and company thinks county property belongs to him and they will do what they want with our property.

Perhaps LC has an investment property with a friend that can be purchased by the county when more buildings need to be built? We were lead to believe that was the reason for purchasing Carriage Oaks so that expansion and land acquisition wouldn't be a problem in the future. I'm sure Larry Caddell has some property in mind for future money pits like the Gold Bar Hilton.

Anyone seen that monstrosity lately? Good Lord, it has overwhelmed Carthage...no wonder Caddell moved out of town!

tarheelborn 11 months, 3 weeks ago

@Toda. ""Should the Chairman chose to act as an attorney making decisions for he board without being properly licensed, he should be held accountable for his practicing law without a license."". You are 100% Correct.

""The matter above should be handed over to the Attorney Generals Office for investigation."". Again you are 100% Correct.

Contact Roy Coopers office and I'll be the first to back up your claims stated herein! However, not ONLY the Water Czar, but the others too! "Let's Get It On" and I don't mean Marvin Gay's song either!

Toda 11 months, 3 weeks ago

The Sunshine Law is just another political RUSE by Senator Jerry Tillman, et el. The Sunshine Law was crafted to make voters think there is a change in the open meetings laws and transparency. Take time to read #4 section one. Nothing changed as long as amendments aren't introduced to repeal existing legislation looking forward to January 1, 2013. More of the same from politicians:

Page 2 Senate Bill 67-Second Edition (4) All laws that are in effect on January 1, 2013, that limit public access to records or 1 meetings shall remain in force until amended or repealed. Rules of court that are in effect on 2 the January 1, 2013, that limit access to records shall remain in effect until they are repealed."

(2) All meetings of any collegial public body of the executive branch of State 15 government or of any collegial public body of a county, municipality, governmental 16 subdivision, unit of local government, or special districts at which official acts are to be taken 17 or at which public business of such body is to be transacted or discussed, shall be open and 18 noticed to the public and meetings of either house of the General Assembly shall be open and 19 public notice given as provided by law, except with respect to meetings exempted pursuant to 20 this Section. 21

It appears that Ms. Lelands' job is to circumvent laws pertaining to public disclosure. Reference the amount of money a sworn public official can earn for a company while in office through sales. One who wants to take time to review the legislative history will find that each year the amount increases. As well as the amounts charged to county taxpayers. Hoodwinked yet?

Toda 11 months, 3 weeks ago

tarheelborn => They are aware that no one can do anything about their antics while in office...the only leverage we have is to make certain that we bring to the attention of voters when political aspirations for higher office come to light. The pen is mightier than the sword. I will make it my lifelong ambition to bring honesty and integrity to public office holders. Conniving bunch they are in the face of honest hard working people.