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09-27-2024 Closed Session Meeting Minutes BOC- Redacted September 27, 2024, Closed Session Page 1 of 3 Person County Board of Commissioners Minutes of a Closed Session DATE: September 27, 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 per General Statute 143-318.11(a)(3) and (4) to consult with the County Attorney regarding Main Stream Earthwork, Inc. v. Person County, Person 24 CVS 182-270, and other matters protected by attorney-client privilege and to discuss matters relating to the location or expansion of industries or other businesses in the area served by the public body 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 9:01 a.m. County Attorney T.C. Morphis, Jr. provided an update on the Mega Park. He stated that the road closure was imminent. He stated that the project had indicated that if the road was not closed, that it would be the deal breaker. He stated that since the Board approved the road closure on September 24, 2024, by statute, there is a thirty-day appeal period, during which someone could challenge the closure of the road. He stated the appeal period would expire on October 24, 2024. He stated that the project has signed a Purchase and Sale Agreement with the Wagstaff family. Economic Development Director Brandy Lynch advised that the Wagstaff family insists that the closing take place prior to October 31, 2024. Morphis stated that PCBIC’s attorney has drafted a Sales and Purchase Agreement for the land referred to as the “donut hole”. It was the consensus of the Board that the purchase price for the donut hole should be zero dollars. Morphis advised of the 3% broker’s fee, and indicated that the Wagstaff family refuses to pay the fee. He stated that the project has agreed to pay the broker’s fee. County Manager Katherine Cathey expressed thanks and appreciation to Lynch for all the hard work and dedication that has been put into this project. She stated that Lynch has spoken with the project, and they would like to give back to the community and requested an estimate to build a new EMS facility. September 27, 2024, Closed Session Page 2 of 3 Vice-Chairman Sims asked why did the road closure, set to close on October 8, 2024, have to be a firm date. He stated that he has received concerns from citizens. Lynch advised that DOT requires a permanent plan to close the road. She stated that the DOT allowed a grace period, and she submitted a preliminary plan. She stated that DOT will spread the gravel. She stated that the project would be responsible for the final plan to be submitted to DOT. No action was taken by the Board on this matter. Economic Development Director Brandy Lynch provided an update on the North Park site and the lawsuit with Main Stream Earthwork. She stated that she has received an offer from a project for North Park, as is. She stated that the offer was for $500K. She stated that the tax value of the property is $99,272. She stated that the most recent appraisal was $1M, which is not a true representation since the work has not been completed at the site. She stated that the minimum to fix the property, by correcting it, to include the soil, Geotech, etcetera, would cost approximately $450K. She stated that the project is looking to buy the land to put a warehouse on the property with the potential to expand. County Attorney T.C. Morphis, Jr. stated that the lawsuit was filed due to the County withholding the retainage fee of $75K, as Main Stream Earthwork did not finish the work. He stated that the lawsuit is currently in discovery, and if the County wanted to settle the lawsuit, this may be a good time, since there is an offer to buy the property. Lynch stated that she went back to Golden Leaf to ask for the $75K and additional funding. She stated that it has been challenging. She stated that she does not think that Golden Leaf will give the County the $75K. She stated that it may be in the best interest of the County to close out the grant with Golden Leaf and ask for the final Geotech or the retainage. She advised the Board that Golden Leaf is aware of the lawsuit with Main Stream Earthwork. County Manager Katherine Cathey asked for the Board’s thoughts on the offer to buy the property from the project. She stated that if the Board were to consider this, a public hearing would need to be held, and advertisement in the local paper would be required. It was the consensus of the Board to move forward with the offer to purchase the property, and to schedule a public hearing on October 15, 2024 at 9 a.m. Vice-Chairman Sims asked Lynch how much has the County spent on this property, and requested a breakdown of all the expenses. Lynch advised that she would provide the breakdown of expenses. Action to be taken by the Board on this matter in open session. September 27, 2024, Closed Session Page 3 of 3 A motion was made by Vice Chairman Sims and carried 5-0 to return to open session at 10:18 a.m. A motion was made by Commissioner Puryear and carried 5-0 to hold a Public Hearing for Economic Development purposes on October 15, 2024 at 9:00 a.m., and to instruct staff to advertise the public hearing in the next edition of the Courier-Times. ADJOURNMENT: A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the meeting at 10:19 a.m.