c070912III (Proposed Reg Landfill)Closed Session III (Proposed Regional Landfill)—July 9, 2012
At 7:20 p.m., the Board, already in closed session on another matter, began closed session in
order to consult with the County Attorney concerning a potential or actual claim„ administrative
procedure, or judicial action pursuant to NCGS 143-318.11(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; Ben Morgan, County Attorney; Aimee
Scotton, Associate County Attorney; Public Works Director David Townsend, III; Hal Johnson,
County Planning Director; and Cheryl Ivey, Clerk to the Board.
Richard Wells, County Manager, briefed the Board about a possible conflict of interest with
regard to the ongoing permitting process of the proposed regional landfill. He said that since the
County will be the applicant for the special use permit request that will go before the Planning
Board later in the year, Ben Morgan could not serve as the Planning Board attorney for that
meeting since Mr. Morgan was also the Board of Commissioners' attorney. Mr. Morgan advised
that the County should hire an attorney to represent the County in the ongoing permitting process
of a proposed regional landfill and also hire another neutral attorney to represent and advise the
Planning Board when the County requests the special use permit in order to avoid any possible
conflict of interest.
Closed session on this topic ended at 7:35 p.m., and the Board returned to regular session.
J. Harold Holmes, Chairman Darrell L. Frye
Phil Kemp
Arnold Lanier
Stan Haywood
Cheryl Ivey, Clerk to the Board