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06-17-2024 Closed Session Meeting Minutes BOC -Redacted June 17, 2024, Closed Session Page 1 of 4 Person County Board of Commissioners Minutes of a Closed Session DATE: June 17, 2024 MEMBERS OF BOARD OF COMMISSIONERS PRESENT: Chairman Powell, Commissioner Palmer, Commissioner Puryear and Commissioner Thomas OTHERS PRESENT: County Manager, Katherine Cathey, Clerk to the Board, Michele Solomon, County Attorney, T.C. Morphis, Jr., Health Director, Janet Clayton, Environmental Health Services Supervisor, Bonnie Holt, and Economic Development Director, Brandy Lynch, A motion was made by Commissioner Puryear and carried 4-0 to enter into the following Closed Sessions. Closed Session #1 per General Statute 143-318.11(a)(3) for the purpose to consult with the county attorney in order to preserve the attorney-client privilege with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr., Health Director Janet Clayton, Environmental Health Services Supervisor Bonnie Holt, and Economic Development Director Brandy Lynch. Chairman Powell called the Closed Sessions to order at 10:42 a.m. CLOSED SESSION #1 June 17, 2024, Closed Session Page 2 of 4 Economic Development Director Brandy Lynch provided an update on the status of the Golden Leaf Grant extension and an update to the case with Main Stream Earthworks. She stated that Golden Leaf preliminarily granted an extension to December 31, 2024, and that County Manager Cathey signed the agreement last week. She stated that this will go before Golden Leaf’s Board sometime in July or August, and as of now Golden Leaf sees no problems with the extension being granted. She stated that Golden Leaf asked to be updated on the status of the lawsuit. She stated that she spoke to the Geotech firm (ECS) and they agreed with the contractors not do anything at this time, and that the site plan was not the permanent site plan. She stated that the drainage is not good at this time, and they need to get the drainage away from the pad. She stated that ECS advised Main Stream not to use the soil on that piece of the property, and if Main Stream would have stopped when they were supposed to, it would have saved half the property from having the compaction issue and failing compaction. She stated that she spoke with Labella and Paul Stinson, the Engineer, that she went to every time before making payment to Main Stream. She stated that Stinson advised that he is in agreement with the Geotech firm (ECS) and it would be a costly fix. She stated that she has spoken to ECS, Golden Leaf, and both contractors, and the estimated fix would be $450K minimum for new soil that will pass a compaction test, and $25K to fix the drainage issue. She stated that the $450K would include fixing Main Stream’s mistake that they made by not stopping when they were supposed to, hauling in new soil, grading and purchasing. She stated that Main Stream did not meet expectations of the contract and wants payment. She stated that Golden Leaf has requested that she submit a change order in the amount of $450K for the grant. She stated that currently there is $100K left in the grant received from Golden Leaf. She stated that she does not see Golden Leaf approving another grant, especially in the amount of $450K (mistake made by Main Stream). Morphis explained the litigation to the Board and steps that could be taken. June 17, 2024, Closed Session Page 3 of 4 Commissioner Puryear recommended requesting $25K out of the $100K grant, to fix the drainage issue. Lynch stated that she does not think that is doable, and that Golden Leaf would agree. She does think she can propose them paying $25K for paying for the final Geotech study to market the site. She stated that she can market the site as it is, and it is not a bad site. She stated that a new sign has been placed at the site, and the property has been mowed. She stated that she can have mulch and shrubbery placed at the discretion of the Board, which is approximately $3500-5K. No action was taken by the Board on this item. County Manager Cathey advised that the Utilities Commission hearing was last week in reference to Duke Energy’s application to build the plant. She stated that there were a handful of people that spoke at the hearing. She stated that there is chatter, nothing concrete, that Duke Energy may end up doing something smaller here in Person County and something bigger in Catawba County. She stated that the question has come up, should Person County intervene. She stated that Attorney Patrick Buffkin was notified and feedback was received. She stated that Buffkin was not able to identify anything of concern to Person County at this time. She stated that Buffkin proposed some options. She stated that Buffkin suggested the following: attend & speak at the Public Hearing, obtain letters of support, media campaign and newspaper articles. She stated that the County has complied with all the suggested options. She stated that when she shared that all this had been done, Buffkin stated that was a great job, and that is all the County needs to do at this time, based on his assessment of the situation. She stated that the County could employ or engage Buffkin from a legal perspective to support intervening. She stated that the deadline to intervene is June 20, 2024. She stated that she would need direction from the Board on how involved they would like to be in the process. She stated that based on Buffkin’s assessment, he stated that the County is good to go, has taken the steps necessary showing the public that the County is engaged in this process, and that the County is supportive of the process by advocating on behalf of Person County. She stated that Buffkin advised that if the County wanted to consider intervening as a party with light and limited involvement, slightly more involved and obligates communicating with the other attorneys, and the Utilities Commission will give the County the option to file for post orders or briefs. She stated that the benefit for Person County is that it secures a seat at the table with the right to participate in the Utilities Commission case and appeal. She stated that this will be more involved and expensive, and Buffkin may need additional help with that option. She stated that the cost would be estimated at $20K. She stated that if the County chose to intervene as a party with full involvement, testimony is due next week, challenging, yet not impossible. She stated that in this approach the County would hire an expert, file testimony, conduct discovery and analysis on other parties’ evidence, cross-examine witnesses, file a proposed order of brief, have the right to appeal, and in lieu of a hired consultant the County Manager could file testimony addressing the local impact, exposing the Manager to cross-examination. She stated the estimated cost would be $50K. She stated that if an expert witness was hired, it would add an additional $15K. June 17, 2024, Closed Session Page 4 of 4 It was the consensus of the Board for Person County to intervene as a party with limited involvement A motion was made by Commissioner Puryear and carried 4-0 to return to open session at 11:40 a.m. A motion was made by Commissioner Puryear and carried 4-0 to authorize the County Manager to complete a budget amendment to transfer funds from contingency to legal services in the amount of $20K. ADJOURN: A motion was made by Commissioner Puryear and carried 4-0 to adjourn the meeting at 11:42 a.m.