TOWN OF HOPE MILLS BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, JANUARY 11, 2016, 7:00 P.M. BILL LUTHER BOARD MEETING ROOM

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1 TOWN OF HOPE MILLS BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, JANUARY 11, 2016, 7:00 P.M. BILL LUTHER BOARD MEETING ROOM Mayor Jackie Warner called the regular meeting of the Hope Mills Board of Commissioners to order on Monday, at 7:07 p.m. GOVERNING BOARD MEMBERS PRESENT Mayor Jackie Warner, Mayor Pro Tem Bob Gorman, Commissioners Pat Edwards, Jerry Legge and Bryan Marley. GOVERNING BOARD MEMBERS ABSENT Commissioner Edwin Deaver. STAFF PRESENT Town Manager John W. Ellis, III, Town Clerk Melissa Adams, Stormwater Administrator Beth Brown, Interim Finance Director Ricky Ramey, Finance Director Drew Holland, Inspections Director Mike Bailey, Fire Chief Chuck Hodges, Deputy Fire Chief Steve Lopez, Parks & Recreation Director Kenny Bullock, Deputy Public Works Director Don Sisko, Development & Planning Administrator Chancer McLaughlin, and Town Attorney T. C. Morphis. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was led by Town Manager John W. Ellis, III, followed by the Pledge of Allegiance led by Mayor Warner. 1. APPROVAL OF AGENDA ADDITIONS OR DELETIONS. Motion made by Commissioner Legge, seconded by Commissioner Edwards and carried unanimously, to approve the agenda as presented. 2. PRESENTATIONS: a. Presentation from Cumberland County Manager Amy Cannon regarding Sales Tax Distribution. Cumberland County Manager Amy Cannon shared a presentation that was originally given at a Board (Cumberland County) meeting on December 3, Ms. Cannon commented there is a current agreement in place which will expire on June 30, Ms. Cannon recommended making a long term extension of the agreement for the betterment of all involved. Ms. Cannon described in depth the benefits to the County and to the Municipality of the current sales tax sharing agreement. After making her presentation, Ms. Cannon answered questions from the Board and staff. Volume 29 1

2 Mayor Warner commented the Mayor s Coalition has been working on this since 2013 and is in support of the extension to the agreement. Motion made by Commissioner Legge, seconded by Commissioner Edwards and carried unanimously, to support the resolution of the extension of the Interlocal Sales Tax Distribution Agreement. RESOLUTION IN SUPPORT OF THE EXTENSION OF INTERLOCAL AGREEMENT REGARDING SALES TAX DISTRIBUTION RESOLUTION NO WHEREAS, N. C. Gen. Stat authorizes the County Board of Commissioners, in its sole discretion, to elect a method of distribution of local option sales tax proceeds between the County and its municipalities; and WHEREAS, on October 31, 2003, the County of Cumberland and the City of Fayetteville, the Town of Hope Mills, the Town of Spring Lake, the Town of Stedman, the Town of Wade, the Town of Falcon, the Town of Godwin and the Town of Linden entered into an Interlocal Agreement as to the distribution of said local option sales tax proceeds; and WHEREAS, upon its incorporation, the Town of Eastover became subject to that Interlocal Agreement and has benefitted thereby; and WHEREAS, this Interlocal Agreement has been extended previously by the County of Cumberland and all 9 municipalities in Cumberland County and is presently due to expire in 2016; and WHEREAS, every taxpayer and citizen of each municipality in Cumberland County is a taxpayer and citizen of the County of Cumberland and the benefits of this Interlocal Agreement are thereby generally enjoyed by all the citizens of the County of Cumberland in their capacity as Cumberland County taxpayers; and WHEREAS, the County of Cumberland provides certain local government services to all of the citizens of the County, both within its municipalities and its unincorporated areas; and WHEREAS, the current methodology for distribution of local option sales tax proceeds is critical for the continued financial health of the Town of Hope Mills; and WHEREAS, the current methodology for distribution of local option sales tax proceeds is fair to all the taxpayers of the County of Cumberland. NOW THEREFORE, the Town Board of Commissioners of Hope Mills, by unanimous vote, hereby resolves to support the extension of the current Interlocal Agreement between all of the municipalities in the County and the County of Cumberland as to the distribution of local option sales tax proceeds according to its existing terms. This the 11 th day of January, Jackie Warner, Mayor ATTEST: Volume 29 2

3 Melissa P. Adams, Town Clerk b. Presentation by Darryl Childers of the Cumberland County Community Foundation concerning Giving Together Community Challenge. Mr. Childers presented the program to the Board and audience highlighting the achievements the program has done in other communities. Mr. Childers expressed interest in bringing the Foundation to the Hope Mills Community and to form an advisory committee to pursue grants available to the Town. Motion made by Commissioner Edwards, seconded by Mayor Pro Tem Gorman and carried unanimously, to approve participation in Giving Together Community Challenge. Commissioner Marley commented he would like to task the Parks & Recreation Advisory Committee to take on this project. c. Administration of the Oath of Office to Finance Director Drew Holland. Town Manger Ellis introduced Mr. Holland and read his background resume to the audience while inviting all to welcome Mr. Holland to the Town Staff. Mayor Warner administered his oath of office. 3. PUBLIC HEARINGS: None. 4. PUBLIC COMMENTS: Douglas Modde, 5886 Columbine Road, spokesperson for the Southwest Cumberland County Land Use Plan, spoke in reference to the plans that were in the 2030 Plan such as a shelter for the Hope Mills area capable of withstanding a Category 2 Hurricane, Sheriff Annexation, relocation of the Cotton Fire Department and the plans for I-95 expansion to have six lanes throughout the state. Mr. Modde requested the citizens to not let the plans be dismissed for lack of funding and to let their representatives know their interests and demands. Al Ferri, 4014 Craigwood Lane, spoke in reference to the Rules of Procedures as adopted by the Board and requested the rule specifically pertaining to the super majority and then bringing item back and only requiring a simple majority be reexamined. Reverend Ted Smith, 5825 Conservation Court, Pastor of St Jude Missionary Church in Hope Mills, spoke in reference to the current well water for the church and inquired to the process for being annexed and acquiring town water services. Town Manager Ellis for Reverend Smith to see him after the meeting and he would direct him on the process. 5. CONSENT AGENDA: Volume 29 3

4 a. Consideration to approve the Closed Session Minutes of the October 30, 2015 Special Meeting. b. Consideration to approve the Closed Session Minutes of the November 2, c. Consideration to approve the Closed Session Minutes of the November 16, d. Consideration to approve the Minutes of the December 7, e. Consideration of the purchase of new 2016 Ford F150 pickup truck for the Parks & Recreation Department in the amount of $24,431.51; to be purchased from NC State Contract 070A. f. Consideration of Contract with Draughon Brothers, Inc, for three years FY at a cost of $5,440.00; FY and FY each at a cost of $6, per year for stage and lighting services for 4 th of July event and authorize Town Manager to execute contracts. g. Consideration of three year Contract with East Coast Pyrotechnics, Inc. in the amount of $10, per year for 4 th of July Fireworks and authorize Town Manager to execute contracts. h. Consideration of three year rental agreement for 4 th of July with Jump Around in the amount of $1, per year and authorize Town Manager to execute contracts. i. Consideration of the purchase of field marking supplies for Park & Recreation Department from Burnett Athletics in the amount of $6, j. Consideration of travel for Police Officer Wentzel to Florence, SC at a cost of $ Motion made by Mayor Pro Tem Gorman, seconded by Commissioner Legge and carried unanimously, to approve the consent agenda as presented. 6. OLD BUSINESS: a. Case No Consideration of the Albemarle Oil Company; C2(P) Site Plan Review; Hope Mills Zoning Ordinance; Zoned: C2(P); Acreage: 1.33 Ac.+/-; located at 5722 Rockfish Road (SR 1112); submitted by Albemarle Oil Company (Owner), Pat Molamphy (Agent) and Jeff McCluskey (Engineer). (Hope Mills) Town Manager Ellis commented Mr. Molamphy is present this evening and has offered some things in a letter that the Board may wish to address but he will let Chancer go over those things with the Board. Volume 29 4

5 Chancer McLaughlin, Planning and Development Administrator, commented he would make this a brief summary of Case No since this is the third time it has come before the Board. Mr. McLaughlin remarked Town Staff is recommending denial of the proposed site plan review due to the current design contemplating exclusive use of Hilltop Drive as egress for large commercial vehicular traffic servicing the convenience store. Mr. Molamphy has given us a letter with options for different configurations that the Board may wish to consider and is here this evening. After discussion among the Board with Mr. McLaughlin in reference to the and letter received from Albemarle Oil Company, action was taken by the Board. Motion made by Commissioner Marley, seconded by Commissioner Edwards, to approve the site plan for Case No with option one road improvements; to bring up to NCDOT and Town of Hope Mills standards the section of Hilltop Drive from the intersection of Hilltop Drive and Rockfish Road to the back of the curb cut proposed off of Hilltop Drive on the approved site plan and carried with a majority of three ayes and one no by Commissioner Legge. b. Consideration of Amendments to the ASI Contract. Town Attorney, T.C. Morphis presented the packet for the amendment to the ASI Contract. Attorney Morphis reviewed the changes along with the payment schedule as it was reworked. Motion made by Mayor Pro Tem Gorman, seconded by Commissioner Edwards and carried unanimously, to adopt and approve the hand out of the Amendment to the ASI Contract to the agreement between owner and design/builder. Town of Hope Mills, North Carolina Budget Ordinance Amendment Fiscal Year Amendment #CP53-8 BE IT ORDAINED by the Board of Commissioners of the Town of Hope Mills, North Carolina, that the following amendment be made to the project budget ordinance: Section 1. To amend the Town Dam Project Fund, the appropriations are to be changed as follows: Account Decrease Increase Town Dam Project-Professional Services - 1, Town Dam Project-Design Build Contract - 8,141, Town Dam Project-Owners Representative - 237, Town Dam Project-Mitigation - 60, $ - $8,439, Volume 29 5

6 This will result in a net increase of $8,439, in the appropriations of the Town Dam Project Fund. To provide the additional revenue for the above, the following revenues will be increased. Account Decrease Increase Town Dam Project-Legal Settlement - 8,439, $ - $8,439, Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board of Commissioners, and to the Budget Officer and the Finance Officer for their direction. Adopted this 11 th day of January ATTEST: Jackie Warner, Mayor Melissa P. Adams, MMC, Town Clerk Motion made by Commissioner Legge, seconded by Commissioner Edwards and carried unanimously, to approve Budget Amendment #CP 53-8 for $8,439, for the Town Dam Project Fund. c. Brief discussion concerning the Sign Ordinance. Town Manager Ellis commented the Board had suspended the sign ordinances approximately two years ago in hopes of revising the ordinances and to aid in the enforcement of the ordinances that are already in place, he requests the Board to lift the moratorium. Motion made by Mayor Pro Tem Gorman, seconded by Commissioner Edwards and carried unanimously, to lift the moratorium on the sign ordinance in order to enforce the sign ordinance. 7. NEW BUSINESS: a. Consideration of giving Mayor Warner authorization to make Liaison appointments to Boards/Committees and approving said appointments. Volume 29 6

7 Mayor Warner commented the Board will need to give her permission to make appointments for liaisons to various committees county wide that the Town is involved in. Mayor Warner read the list to the audience and the Board with comments on each appointment. Motion made by Commissioner Edwards, seconded by Commissioner Marley and carried unanimously, to allow Mayor Warner to make Liaison appointments, as presented. b. Consideration of Recommendations from the Nominating Committee for Board Volunteer Committees. Mayor Pro Tem Gorman commented the Nominating Committee recommends the committees be held to seven members in order to increase the opportunity for quorum. Mayor Pro Tem Gorman read the recommendations for each committee. Motion made by Commissioner Marley, seconded by Commissioner Legge and carried unanimously, to approve the recommendations for appointments for various volunteer boards and committees as presented. Mayor Warner commented staff will send letters to all the members notifying them of their appointments. c. Consideration of Resolution No Intent to Close a Certain Portion of Public Right-of-Way Stoddert Lane in Georgetown Estates. A RESOLUTION DECLARING THE INTENTION OF THE TOWN OF HOPE MILLS TO CLOSE A PORTION OF A CERTAIN PUBLIC RIGHT-OF-WAY SHOWN AS THE PUBLIC RIGHT-OF-WAY ESTABLISHED AND DESCRIBED IN THE DEED OF PUBLIC EASEMENT FROM DIXIE YARNS, INC., RECORDED IN THE CUMBERLAND COUNTY REGISTRY AT DEED BOOK 2878, PAGE 623. RESOLUTION NO WHEREAS, N.C. Gen. Stat. 160A-299 authorizes the Hope Mills Board of Commissioners to close public streets and alleys; and WHEREAS, the Board of Commissioners is considering closing a portion of a certain public right-of-way shown as the public right-of-way established and described in the Deed of Public Easement from Dixie Yarns, Inc., recorded in the Cumberland County Registry at Deed Book 2878, Page 623. A map showing the area proposed to be closed is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Hope Mills that: Section 1. The Board of Commissioners will hold a public hearing on the proposed closure during their regularly scheduled meeting on February 15, The meeting will begin at 7:00 p.m. and will be held in the Board of Commissioners meeting room in the Hope Mills Town Volume 29 7

8 Hall at 5770 Rockfish Road, Hope Mills, NC After the public hearing, the Board of Commissioners may adopt an ordinance closing a portion of a certain public right-of-way shown as the public right-of-way established and described in the Deed of Public Easement from Dixie Yarns, Inc., recorded in the Cumberland County Registry at Deed Book 2878, Page 623. Section 2. The Town Clerk is hereby directed to publish this Resolution of Intent once a week for four successive weeks in the Fayetteville Observer or other newspaper of general circulation in the area. Section 3. The Town Clerk is further directed to send by certified mail a copy of this Resolution of Intent to each owner of property abutting upon that portion of the right-of-way shown as the public right-of-way established and described in the Deed of Public Easement from Dixie Yarns, Inc., recorded in the Cumberland County Registry at Deed Book 2878, Page 623. that has been proposed to be closed as shown on the Cumberland County tax records. Section 4. The Town Clerk is further directed to post prominently notice of the public hearing and possible closure in at least two places along the public right-of-way shown as the public right-of-way established and described in the Deed of Public Easement from Dixie Yarns, Inc., recorded in the Cumberland County Registry at Deed Book 2878, Page 623. Section 5. This resolution shall become effective upon adoption. The foregoing resolution, having been submitted to a vote, received the following vote and was duly adopted this day of January, Dated: Jackie Warner, Mayor Attest: Melissa P. Adams, Town Clerk Motion made by Commissioner Legge, seconded by Commissioner Edwards and carried unanimously, to approve Resolution No with the correction of changing the name of the road from Stoddert Lane to McKinnon Farm Road Public Right-of-Way and set the date for the Public Hearing to February 15, 2016 at 7:00 p.m. d. Consideration of Lakeview Drive Bridge - Retaining Walls Evaluation - approve Engineering Services from Wetherill Engineering, Inc. and approve Budget Amendment # 11 in the amount of $29, Town Manager John Ellis presented the quote and reviewed the additional costs due to the Boards request for expansion of the scope of the services. The original quote was for $13, and has now increased to $57, This project is for the repair of the walls to the bridge and Volume 29 8

9 not for the dam itself. Town Manager Ellis commented there will need to be a budget amendment in the amount of $29, to increase the Professional Services in the Powell Bill Fund. Mayor Warner inquired if the use of these funds is allowed by the rules of the Powell Bill and Town Manager Ellis replied that it is an allowable use of funds. Mayor Warner inquired if the bridge could be turned over to the state and let them maintain and also the bridge on Legion Road that is currently under repair. Town Manager Ellis commented he could contact Greg Burns in regard to NCDOT taking over the bridge. Town of Hope Mills, North Carolina Budget Ordinance Amendment Fiscal Year Amendment #11 BE IT ORDAINED by the Board of Commissioners of the Town of Hope Mills, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016: Section 1. To amend the Powell Bill Fund, the appropriations are to be changed as follows: Account Decrease Increase Powell Bill-Professional Services - 29, $ - $29, This will result in a net increase of $29, in the appropriations of the Powell Bill Fund. To provide the additional revenue for the above, the following revenues will be increased. Account Decrease Increase Fund Balance Appropriated-Powell Bill - 29, $ - $29, Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board of Commissioners, and to the Budget Officer and the Finance Officer for their direction. Adopted this 11 th day of January Volume 29 9

10 Jackie Warner, Mayor ATTEST: Melissa P. Adams, MMC, Town Clerk Motion made by Mayor Pro Tem Gorman, seconded by Commissioner Legge and carried unanimously, to approve Wetherill Engineering, Inc. contract of $57, for Lakeview Drive Bridge-Retaining Walls project authorizing the town manager to execute the contract and to approve Budget Amendment #11 for $29, e. Consideration to accept donated funds in the amount of $1, from Impact Church and decision on where to designate expenditure. Town Manager Ellis remarked that while he was out Ms. Adams was given a donation from Impact Church stating they had no requests as to how the funds were used but to let the Town decide how best to utilize the funds and they wanted to contribute to the community. Town Manager Ellis requested the Board accept the donated funds this evening and decide the use at a later date and to have staff draft a letter of thanks from the Mayor for her to sign and send to them. Motion made by Commissioner Legge, seconded by Commissioner Marley and approved unanimously, to accept the donation of $1, from Impact Church and to draft a letter thanking them from the Mayor. f. Consideration to Approve Financing Bid from BB&T; Resolution No Declaring the Town s Intention to Reimburse Itself from the Proceeds of One or More Tax-Exempt Financings; Resolution No Approving Financing Terms. Town Manager Ellis requested approval for the financing bid from BB&T as the lowest responsible, responsive bidder for services and approve the Resolution & for the financing. Town Manager Ellis requested the Board to authorize staff to complete the financing paperwork and closing documents associated with the transaction. Resolutions No: RESOLUTION OF THE HOPE MILLS TOWN COUNCIL DECLARING THE TOWN S INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS WHEREAS, the Town of Hope mills, North Carolina (the Issuer ) is a political Subdivision organized and existing under the laws of the State of North Carolina; and Volume 29 10

11 WHEREAS, the Issuer may have paid, beginning no earlier than October 4, 2015 (100 days prior to the date hereof) and will pay, on and after the date hereof, certain expenditures (the Expe3nditures ) in connection with the acquisition of the following: Enterprise/ Accounting Software; Vehicles and various equipment; and WHEREAS, the Town Council of the Issuer (the Council ) has determined that those moneys previously advanced no more than 100 days prior to the date hereof and to be advanced on and after the date hereof to pay the Expenditure \s are available only for a temporary period and it is necessary to reimburse the Issuer for the Expenditures from the proceeds of one or more issues of tax-exempt financings (the Financings ); NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL AS FOLLOWS: Section 1. The Council hereby declares, in accordance with U.S. Treasury Regulation Section , as amended from time to time, the Issuer s intent to reimburse the Issuer with the proceeds of the Financings for the Expenditures with respect to the Projects made on and after October 4, 2015, which date is no more than 10 days prior to the date hereof. The Issuer reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Financings. Section 2. Each Expenditure was and will be either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditures), (b) a cost of issuance with respect to the Financings, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Issuer so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Issuer. Section 3. The maximum principal amount of the Financings expected to be issued for the Projects is $441,943; Section 4. The Issuer will make a reimbursement allocation, which is a written allocation by the Issuer that evidences the Issuer s use of proceeds of the Financings to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Projects are place in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Issuer recognized that exceptions are available for certain preliminary expenditures, costs of issuance, certain de minimis amounts, expenditures by small issuers (based on the year of issuance and not the year of expenditure) and expenditures for construction projects of at least 5 years. Section 5. This resolution shall take effect immediately upon its passage. PASSED AND ADOPTED THIS 11 th day of January, Volume 29 11

12 Jackie Warner, Mayor Town of Hoe Mills, NC Attested to: Melissa P. Adams, Town Clerk Town of Hope Mills, NC RESOLUTION NO Resolution Approving Financing Terms WHEREAS, The Town of Hope Mills (the Town ) has previously determined to undertake a project for the financing of vehicles, equipment and software, (the Project ), and the Finance Officer has now presented a proposal for the financing of such Project. BE IT THEREFORE RESOLVED, as follows: 1. The Town hereby determines to finance the Project through Branch Banking and Trust Company ( BB&T ), in accordance with the proposal dated January 5, The amount financed shall not exceed $441,943.00, the annual interest rate (in the absence of default or change in tax status) shall not exceed %, and the financing term shall not exceed years from closing. 2. All financing contracts and all related documents for the closing of the financing (the Financing Documents ) shall be consistent with the foregoing terms. All officers and employees of The Town are hereby authorized AND DIRECTED TO EXECUTE AND DELIVER ANY Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. 3. The Finance Officer is hereby authorized and directed to hold executed copiers of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer s satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by Town officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Officer shall approve, with the Finance Officer s release of any Financing Document for delivery constituting conclusive evidence of such officer s final approval of the Document s final form. Volume 29 12

13 4. The Town shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. The Town hereby designates its obligations to make principal and interest payments under the Financing Documents as qualified tax-exempt obligations for the purpose of Internal Revenue Code Section 265(b)(3). 5. The Town intends that the adoption of this resolution will be a declaration of the Town s official intent to reimburse expenditures for the project that is to be financed from the proceeds of the BB&T financing described above. The Town intends that funds that have been advanced, or that may be advanced, from the Town s general fund, or any other Town fund related to the project, for project costs may be reimbursed from the financing proceeds. 6. All prior actions of Town officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately. Approved this 11 th day of January By: By: (Clerk) (Mayor) SEAL Motion made by Commissioner Edwards, seconded by and approved unanimously, to approve the bid from BB&T financing documents and approve Resolution No and Resolution No for the financing. g. Discussion concerning the Finance Committee meeting prior to the January 25, Town Manager Ellis reported the auditor s would be available and would like to present the audit report at the next meeting on January 25, Mr. Ellis remarked the past procedure has been to meet with the Finance Committee prior to the presentation to the board, and request they meet on January 25, 2016 at 6:00 p.m. to conduct the meeting. Mayor Warner and Mayor Pro Tem Gorman replied they would be available for the meeting. h. Discussion concerning setting goals and items for discussion at the February Board of Commissioner s Retreat. Mayor Warner commented on the upcoming retreat for the Board will be February 17, 2016 for the purpose of discussing and setting goals for the upcoming term. Discussion pursued among the Board over the various topics they would like to discuss and the consensus of the Board was Volume 29 13

14 to compile a list of topics and bring back to the next meeting on January 25, 2016 to determine a final draft. Discussion pursued in reference to a video of the retreat meeting and the availability to the public. 8. REPORTS AND INFORMATION ITEMS: a. Update report on the Hope Mills Lake/Dam project. Town Manager Ellis reported the plans had been sent to Dam Safety on the 30 th and still on schedule for starting on the dam in March. Rod MacLean, 5435 Fountain Lane, spoke in reference to the changes made to the ASI Contract on Exhibit B and requested a copy. Town Attorney T. C. Morphis gave Mr. MacLean a copy of Exhibit B. b. Manager s update. Town Manager Ellis reported on the progress of: Facilities study with suggestion to discuss at the retreat, Fire Department & Town Hall growth especially Pay study is ongoing Sidewalk grants Audit next meeting Sign ordinance Museum (for closed session discussion) Golf Course no study- PARTIF funds Sanitation Boarded buildings Audio & video recordings for website Checking on & update on room at the restaurant for meeting during retreat c. Committee Liaisons Update on Committee Activities. Commissioner Gorman - Appearance Committee-December activities for the Town were successful and they have a full committee now & Lake Restoration Advisory Committeeno meeting. Commissioner Edwards - RLUAC & Veterans Affairs-no meetings Commissioner Legge - Historic Advisory Committee-no meeting Commissioner Marley - Parks & Recreation Advisory Committee-no meeting 9. STAFF COMMENTS. None. 10. OFFICIAL COMMENTS. Volume 29 14

15 Commissioner Legge inquired about an update on Parks & Recreation Director Kenny Bullock. Town Manager Ellis responded that he will be back to work on Monday. Mayor Warner commented there is a meeting hosted by the City of Fayetteville on January 13, 2016 for the Sales Tax Distribution discussion and she will be attending and encouraged the Board to try to attend also. 11. MOTION TO CONDUCT A CLOSED SESSION: PURSUANT TO NCGS (a) (3) TO CONSULT WITH THE ATTORNEY TO MAINTAIN ATTORNEY CLIENT PRIVILEGE AND/OR NCGS (a) (6) TO DISCUSS PERSONNEL MATTERS. Motion made by Mayor Pro Tem Gorman, seconded by Commissioner Legge and carried unanimously, to conduct a closed session pursuant to NCGS (a (3) to consult with the attorney to maintain attorney client privilege and NCGS (a) (6) to discuss personnel matters. At 10:15 p.m. Mayor Warner instructed the Board to assemble in the conference room to conduct a closed session. At 11:30 p.m. Mayor Warner called the regular meeting back to order. Motion made by Mayor Pro Tem Gorman, second by Commissioner Legge and carried unanimously, to seal the minutes of the closed session until such time as the release of the information would no longer frustrate the purpose of the closed session, and further no action was taken. Town Attorney Morphis commented that for the record one of the things the closed session was about was two lawsuits, Palace Sweepstakes versus Town of Hope Mills and American Uniform Sales, Inc. versus Town of Hope Mills. 12. ADJOURNMENT. Motion made by Commissioner Legge, seconded by Commissioner Marley and carried unanimously, to adjourn the meeting. At 11:31 p.m. Mayor Warner adjourned the meeting. JACKIE WARNER, MAYOR Volume 29 15

16 ATTEST: Melissa P. Adams, MMC Town Clerk Volume 29 16