070813 Closed Willam BrownClosed Session IV (William Brown Claim) July 8, 2013
At 7:23 p.m., the Board, already in closed session on another matter, began closed session on
a different matter in order to consult with our attorney to consider and give instructions
concerning a potential or actual claim, administrative procedure, or judicial action pursuant to
N.C.G.S. 143-318-I1(a)(3). Commissioners Holmes, Frye, Kemp, Lanier and Haywood were
present. Also present were County Manager Richard Wells; Will Massie, Assistant County
Manager/Finance Officer; Attorney Barron Thompson (standing in for County Attorney Ben
Morgan); Aimee Scotton, Associate County Attorney; and Cheryl Ivey, Clerk to the Board.
Commissioner Darrell Frye said that he wanted to advise the other Board members, County
Management and Legal staff about a situation in which a lawsuit would likely be brought against
the County. He said that a citizen in Trinity owns a house that was built in 2002. According to
the homeowner, the house site, at the time of its construction, contained numerous tree stumps
that were not removed at the time the neighborhood was excavated in preparation for a new
subdivision. It appears that the house was constructed over some stumps and, over the course of
several years, this has caused extensive structural problems with the house that the homeowner
has paid to mitigate. The contractor has gone out of business since then. Now there are more
problems with the house, including the complete collapse of its foundation, and the citizen
asserts that the County building inspector should have caught all of this and had it corrected
when the house was being built. Commissioner Frye said that the homeowner has obtained an
attorney to bring a lawsuit against the County to seek compensation for help in mitigation costs.
Associate County Attorney Aimee Scotton said that she was aware of this situation, that she
had turned this claim in to our insurance carrier and that, in the event that a suit is filed, the
insurance company should be the one to defend it.
At 7:48 pm, on motion of Frye, seconded by Holmes, the Board voted unanimously to end
closed session and return to regular session.
J. Harold Holmes, Chairman Darrell L. Frye
Phil Kemp
Arnold Lanier
Stan Haywood
Cheryl A. Ivey, Clerk to the Board