After opening the 7 p.m. meeting in council chambers, the council will “vote for executive session to consider the terms of a proposed settlement in the case of Newberry County vs. W.E. Baker & Son, Inc., et. al.,” according to the agenda.
After the behind-closed-doors meeting, the council could take a vote on the issue.
Also, the meeting will include a time for public comments.
BACKGROUND
The lawsuit began on Aug. 31, 2006, when County Council filed action against councilman and contractor Edgar Baker and his company, W.E. Baker and Son. Baker’s company purchased the land, designed and constructed the facility in a lease-purchase arrangement with the county. The county then leased the building from Baker before purchasing it.
When the Highway 219 Sheriff’s Office was purchased a short time after it was built, county officials noted several leaks and moisture problems in the building and requested that they be fixed.
The problems continued to grow and the county began doing mold studies on the building in December 2006.
It was discovered by at least four independent studies that the building contained harmful mold. The staff was then moved to the Wilson Road location in 2006.
To recover damages relating to the defective construction of the Sheriff’s Office building on Highway 219, the county hired construction attorney Frank Smith.
In October 2006, W.E. Baker and Son filed action against various subcontractors.
The litigation is scheduled to go to court Sept. 28, and for the past month, council has been discussing the issue in executive sessions. Baker, who was not on council at the time the building was constructed or purchased, does not enter those closed sessions.
Baker says he can not comment on the suit until it is over, but added he plans to attend tonight’s meeting without going into the executive session.
The meeting will be held at the Courthouse Annex on College Street at 7 p.m.
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