Loading...
09-16-2024 Closed Session Meeting Minutes BOC September 16, 2024, Closed Session Page 1 of 3 Person County Board of Commissioners Minutes of a Closed Session DATE: September 16, 2024 MEMBERS OF BOARD OF COMMISSIONERS PRESENT: Chairman Powell, Vice Chairman Sims, 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., and Economic Development Director, Brandy Lynch A motion was made by Commissioner Palmer and carried 5-0 to enter into 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 allowed to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr., and Economic Development Director Brandy Lynch. Chairman Powell called the Closed Sessions to order at 10:56 a.m. CLOSED SESSION #1 Economic Development Director Brandy Lynch provided an update on the status of the Mega Park and the proposed road closure of a portion of Country Club Road. She stated that the purchase and sale agreement was signed by both the Wagstaff Family and the project on September 13, 2024. County Attorney T.C. Morphis stated that the Wagstaff Family may come back to him and ask for an estoppel related to the county’s option, which is sometimes used in commercial real estate, that prevents someone from later claiming a change to an agreement or interest in the property. He stated that document is not something that needs Board approval. He stated that at some point the County would need to deal with the ‘donut hole”, as the option has been extended for a year. County Manager Katherine Cathey stated that the project would work with PCBIC on the purchase and sale agreement for that piece of the property. Cathey stated that the project has an agreement in place to purchase the property, and will not close on it immediately. She stated that the project has indicated that they would wait to close until after the thirty- day appeal period, following the conclusion of the Board’s decision on September 24, 2024. She stated that if the Board decides to close the road on September 24, 2024, there is a thirty-day window to appeal that decision. September 16, 2024, Closed Session Page 2 of 3 Cathey stated that Morphis has indicated that he believes the only people who would have standing to submit an appeal would be the adjoining property owners, the Wagstaff Family and PCBIC. She stated that they both submitted letters in support of the road closure. Morphis stated that the Wagstaff Family gave a hard deadline of October 31, 2024, and indicated that is the deadline for selling the property. Commissioner Puryear asked, if the Board votes to close the road on September 24, 2024, does that portion of the road remain open during the appeal period. Morphis stated that Country Club Road is still a public road. He stated that the only action the NC DOT has taken is to abandon the maintenance of the road. He stated that if the Board approves closure of the road on September 24, 2024, the road would be closed on that date. He stated that no traffic should be allowed to go through. He stated that NC General Statute states that once you close a road, property owners on either side take title to it. He stated that this may require a conversation with the Sheriff’s Office and the buyer in reference to signage. Cathey stated that we do need to identify a date for the road closure for liability purposes. She stated that for example, if the Board votes to close the road on September 24, 2024 that could set it for closure on October 1, 2024, which would allow time to for the public to be aware to reroute prior to the closure date. She stated that in conversations with DOT, they could bring in gravel to make a turnaround She stated that staff has discussed with DOT obtaining the concrete barriers that you see along the interstate that cannot be moved. She stated that a Sheriff’s Deputy may be needed at the site for a period of time. Puryear stated that you are going to have to give the public time to adjust. He stated that he would be open to keeping the road open up until the actual closing of the Mega Park. Lynch stated that if something happens right now, the County is liable for that road. She stated that would include accidents, wrecks, potholes, flooding in the road, and anything else that could happen. She stated that DOT actually thought the road should have been closed the day they abandoned it on September 5, 2024, as they called her and asked if she was ready for them to bring in gravel. She stated that she spoke with DOT last week and they want a contact person with the County, a meeting, and they want to know how the road will be barricaded. She stated that DOT recommended specific signage. She stated that DOT advised her that they do not have the concrete barriers. She stated that the County would be responsible for the concrete barriers. She stated that she is working on getting quotes to have them made. She stated that she thinks Chandler Concrete would be the best option. She stated that they would make the barriers, deliver them to the site, but will not take them off their trucks. She stated that she would need two barriers to cover both sides of the road, which would provide with a little overhang. Chairman Powell stated that it was not easy to convince the DOT to abandon the road, as they did not want to approve the abandonment until the deal was finalized. He stated that the County needs to approach this very cautiously, from a standpoint of liability to protect the County. He stated that the County does not need to prolong the closure if approved on September 24, 2024. Puryear asked Morphis to contact the prospective buyer and ask if they have any issue with that portion of the road remaining open to the public, even though the Board voted to close it, until the contract is signed and the transfer of land is done. Cathey stated that the project may want a specific date for closure of the road. She stated that it also good for the public to know a specific date. She stated also that the road, since DOT abandoned it is a liability, and the County remains responsible. She stated that a closure date between September 24- October 24, 2024 is a good time to consider. September 16, 2024, Closed Session Page 3 of 3 Morphis stated that he is happy to reach out to the buyers to obtain feedback. He stated that he agrees with Cathey. Powell stated that this deal is fragile, and to throw another requirement to the buyer for consideration, we would need to approach that very cautiously. Lynch stated that in speaking with the project on Friday, she got the impression that they wanted the road closed as soon as the Board voted in favor of closing it. She stated they advised one reason they want it closed as soon as it is approved is the liability issue, as it would not only be with the County, but also with the Wagstaff Family, and PCBIC. She stated that she believes the project may be coming in to town, and it would offer some anonymity if the road was closed. Puryear reiterated that you just cannot close the road without any public notice, that you need to advertise it for public safety. Morphis stated that statute offers flexibility and does not state, this is what you must do, it says adopt the order. He stated that the Board can adopt the order on September 24, 2024. He stated that the Board has the flexibility about when the road is legally closed. He stated that he thinks it is a good idea to get some feedback from the buyer with the concerns in reference to the public and allowing notice for the closure. Puryear asked about the possibility of flashing lights to warn the public of the road closure as well as the signage indicating road closed ahead. Lynch advised that would be up to the Board, and that DOT will not provide anything other than gravel. Vice- Chairman Sims asked if it was public knowledge once the buyer closes on the property. Morphis stated yes it would be public knowledge and would be a public record. Cathey stated that the project would want to make an announcement once they have purchased the Mega Park. No action was taken by the Board on this matter. A motion was made by Vice Chairman Sims and carried 5-0 to return to open session at 11:21 a.m. ADJOURNMENT: A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the meeting at 11:22 a.m.