TOWN OF FOUR OAKS TOWN COUNCIL MEETING NOVEMBER 20TH, 2023 AGENDA 1) 2) 3) 4) Call to Order Invocation and Pledge of Allegiance Approval of Minutes for Town Council Meeting - October 16th. 2023 Presentations (a) Patricia Chisolm-Jones (b) 2022-2023 Financial Statement - Austin Eubanks, TPSA Auditor via Zoom (c) Parks & Recreation Comprehensive Plan - Daniel Rauh, WithersRavenel 5) 6) Public Comments Public Hearings (a) QUASI: Caitlyn and Coty Heckman, Petitioners & Owners - Request for a Special Use Permit to allow for an Oversized Building on their Property located at 199 Juniper Church Road in the Town's ETJ; Parcel # 08H11077E. (b) QUASI: Austin-Parker Village, LLC, Petitioner& Owner - Request a Variance on Front and Rear Setbacks on parcel located at 33 Culver Ave. int the Town's ETJ; Parcel # 08111014E. New Business Mayor's Comments Department Reports (a) Police - Bradley (b) Parks & Rec & Outreach - Robertson (c) Water and Sewer - Hines (d) Sanitation & Streets - Surles (e) Finance - Hardy 7) 8) 9) (a) Acceptance of Streets - Austin-Parker Village - Town Attorney, Chip 10) Closed Session - GS 143-318.11(a)(3) Discuss pending litigation matters with Town Attorney 11) Adjournment TOWN OF FOUR OAKS TOWN COUNCIL MEETING NOVEMBER 20TH, 2023 MINUTES Call to Order Mayor Vic Medlin called the November 20th, 2023 regular scheduled Town Council meeting to order at 6:30j p.m. Those present included Commissioners Michael Bradley, Andy Hardy, Mike Hines, Kim Robertson, and Carles Surles. Also, present were. Public Works Director Barry Stanley, Police Chief Stephen Anderson; Planning & Zoning Administrator, /1 Building Inspector Mike Cook, Town Clerk Martha Garris recording minutes, Town Attorney Chip Hewett, and Mike Dart from FO: Benson New in Review. Invocation and Pledge of Allegiance Commissioner Surles gave the opening Invocation with Jim Best leading the Pledge of Allegiance. Approval of Minutes Town Council Meeting - October 16th, 2023 Commissioner Surles made a motion to approve the minutes for the October 16"h, 2023 regularly scheduled meeting as presented, seconded by Commissioner Bradley, voting unanimous, motion passed. Presentations Patricia Chisholm-Jones- - Postponed until December 2022-2023 Financial Statement - Austin Eubanks, TPSA, P.A. Austin Eubanks, auditor from TPSA, presented the 2022-23 Financial Statement as follows: The audit was performed in accordance with the Generally Accepted. Auditing Standards, Government Auding Standards, OMB Uniform Guidance, and the State Single Audit Implementation. Act toj provide reasonable assurance that the financial statements were free ofmaterial error and in compliance with government: regulations. There were no material errors noted and he had complete access to management and required information. Mr. Eubanks noted there were some significant deficiencies in the internal control to be discuss in more details later in the presentation. There was one adoption or change in new accounting policies to GASB96-IT Subscription but there was no effect to the town; management, judgement and account estimate methodologies appeared to be reasonable; the financial statement disclosures are neutral, consistent, and clear; and there were no significant audit adjustments or There were no disagreements with management; no outside accountant consultations; and There were no difficulties encountered in dealing with management while performing the audit, and no material irregularities or illegal acts determined during the audit. unrecorded differences. no prior retention issues. Ini the General Fund, the net profit was $481,404 and the fund balance available as a percentage of general fund expenditures was 1,716,229 or 74.21% which gives approximately 11 months ofe expenditure coverage with no revenue collection. The: net profit margins or fund balance as a' % of expenditures have increased over the past 4 years from 29.57% to 74.21%. LGC minimum requirement for towns of equal size is General Fund operating revenues and expenses have increased over the past 4 years. The General Fund operating revenues consisted of: 47% in ad valorem taxes; 26% in unrestricted intergovernmental funds; 15% in sales and services; and 12% in other General Fund operating expenditures consisted of: 44% inj public safety; 24% in general government expenditures; 12% in transportation; and 20% in other expenditures. General Fund unrestricted fund balance was $1,716,229 and commited/resticted/ assigned fund balance was $496,754, consisting of Powell Bill funds & state fund Ini the Proprietary Fund, the net profit was $254,076, and net position was $4,618,493. This fund should be and is self-sustaining to ensure a fund balance to cover future debt of The SCIF-Downtown Streetscape Fund and American Rescue Plan Fund both had a net Overall: unrestricted cash & cash equivalents were $2,512,297 or $682,608 inj proprietary fund, & $1,829,689 in general fund; while restricted cash & cash equivalents were $1,209,120 or $58,715 in proprietary fund, $27,980 in non-major fund, $1,112,6201 in (1)Investment ofDonated Funds: town invested donated PT George funds into an investment that is not allowed by NC General Statute 159-33. This investment was at the request of the donor. Mr. Eubanks explained that since this is an endowment fund, it will continue to be a finding in perpetuity or until the LGC changes the rule for these types of The auditing firm is now: required to communicate any LGC Financial Performance Indicators of Concerns ("FPIC") to the Local Boards. The Board must submit ai response within 60 days oft the Board Meeting in which the financial statements are presented and the detailed response should bej presented to and signed by the entire Board, Finance Officer, and Manager. The letter should address each oft the following findings individually and the efforts being taken to mitigate the findings going forward. The following FPIC's were identified by the LGC that require notification to the Board: (1) In the 2023 Audit Report, the town had water and sewer condition of capital assets indicating the remaining useful life ratio of0.43, which is less than 0.50 and may (2) The unit must address the material weaknesses, significànt deficiencies, and/or statutory violations that should be addressed in the FPIC. Response Letter, which is 34% oftotal expenditures. The town had a good year. Tax collection rate was 99.96%, which is really good. town is in a solid financial position. revenue. receivables, for a total fund balance of $2,212,983. fixing or replacing aging fixed assets. profit ofz zero each, which should always be the results. SCIF-Downtown Streetscape Fund, & $9,805 in general fund. Finding: investments. signal the need to replace the assets ini the near future; and the donated funds. Mayor Medlin thanked Mr. Eubanks & his firm. Parks & Recreation Comprehensive Plan - Daniel Rauh, WithersRavenel Daniel Rauh, project manager with WithersRavenel, presented the P&R Comprehensive Plan. The objectives for the plan were to build a comprehensive scope; build on prior planning efforts; create a 10-15 year roadmap; andj provides achievable action plan with phases all based on staff and community input. The study looked at the town's existing parks, operations, greenways, and programs to determine al benchmark and whether they meet the community needs. WithersRavenel conducted a community survey and held two public workshops to help determine what the desires in the community are. In addition to the current playgrounds, ballfields, youth athletics and special events; the community would like to see greenways/ /trails, additional playground equipment, aquatic facilities, amphitheater, community gardens, adventure /nature programs, teen programs, and senior /a active adult programs. The big ideas from the study were: forai new/enhanced farmer's market, botanical garden, greenway expansions/ development, retaining residents on weekends, update /integrated nature trail, and secure parking lot for. Johnson-Strickland Kiddie Park. Within the plan, WithersRavenel, town staff, and the steering committee developed a vision statement: "The Town of Four Oaks Parks and Recreation Department will enhance the quality ofl life for residents and visitors ofl Four Oaks. This will be accomplished through strategic investments that improve connectivity, develop community gathering spaces, and establish new recreation options. The department will work with community and regional partners to ensure that residents and visitors can enjoy a diverse array ofrecreation opportunities regardless of age, race, sex, and creed." Five primary goals drafted are: (1)provide a comprehensive suite of recreation services (programs, events, facilities, etc.) to meet the diverse needs ofi residents and visitors; (2) strategically grow the department and foster innovative partnerships and agreements to maximize organization efficiencies and contributions; (3) holistically engage residents and visitors to maximize plan implementation and respond to changing community needs; (4) ensure equitable access to parks, programs, and natural. / cultural resources; & (5) interconnect the Town internally and with the greater region through strategic investments into a comprehensive trail / greenway network. Recommendations consists of: (1) Robert Holt Kiddie Park enhancements by paving parking lot, new signage, full size basketball court; (2) Barbour's Grove Park improvements to sidewalks (completed) and updated signage; (3). Johnson-Strickland Kiddie Park to purchase adjacent land (in process of purchasing) for parking & splash pad and new signage; (4) purchase 30+ acres additional ballfields, trails, tennis / pickleball courts, and community center & gardens (possibly beside the middle school); & (5) align the greenway SO that it connects the schools, parks, and downtown. Thej plan prioritizes ai roadmap in phases from ongoing & shortest-term items to long-term items. Commissioner Hardy inquired ift the plan included any recommendations for special needs kids and other areas in the community for additional parks. Mr. Rauh responded that was not mentioned during the surveys or workshops but could be addressed if needed and yes, the plan does address ongoing land acquisitions for the future growth. WithersRavenel felt that the 30+ Commissioner Robertson thanked Mr. Rauh for his hard work on this plan for the Town. The board will vote on the plan at the December meeting. Mayor. Medlin thanked Commissioner Robertson for working with WithersRavenel on the getting this plan completed. The plan also lists funding resources for the future. acre: facility presented would address the need over the next 10 years or SO. Public Comments Joan Pritchett, Chamber of Commerce Director, reported: (1) the Oyster Roast was a great success and the Chamber presented the Fire Department and Historical Foundation with $500 each; and (2) the Veteran's Recognition Program went very well where the Chamber presented Tom Britt the Lifetime of Service Award and Glen Calhoun with the Dedicated Service Award and Little &. Junior Miss Four Oaks presented the Four Oaks American Legion Auxiliary Unit 346 with ai monetary donation to assist inj purchasing and shipping care packages to the deployed a) November 30 - Christmas Tree Lighting with performances beginning at 5:30j pm military. Mrs. Pritchett gave an update on upcoming events in town: b) December 2- Christmas Parade at 11 am Ray Baker, shared photos & comments ofthe clean-up efforts at his business. He added hopefully it was progress towards what they need and he will let the board decide. Mayor Jim Best, Four Oaks Historical Foundation, gave each Board member a license plate that the foundation is selling and a brochure about the Foundation and its membership. Linda Lassiter, 31 Kevior Ave., expressed that Austin-Parker Village was a beautiful community but it doesn't look complete at the time. She asked the Board to approve the variance SO the Roy Massengill and Elton Pridgen, developer and general contractor for Austin-Parker Village, spoke but was asked to wait until the hearing sO they didn't have to repeat themselves. Medlin thanked Mr. Baker. builder can complete the community with the final house. Public Hearings Mayor Medlin called. the meeting into a quasi-public hearing. a) Caitlyn and Coty Heckman, Petitioners & Owners - Request for a Special Use Permit to allow for an Oversized Building on their Property located at 199. Juniper Church Road in the Mike Cook relayed to the Board that the owners would like to build a 301 ft X 40 ft oversized building with a 16 ft shelter on their 2-acre property at 199. Juniper Church Rd. Thej property is zoned RA ini the town's ETJ which requires a special use permit for accessory buildings over 1,000 sq ft.; it can meet the required setbacks; and based on staff determinations it meets the chapter 160D 4 finding of fact requirements. Public notices were ini the newspaper on November 1&8,2 2023; sign was placed on the property; letters were mailed out to 9 property owners within a 500 feet radius; and there were no inquiries. Planning Board was recommending for Attorney Hewett swore in Mike Cook and Coty Heckman to testify for or against the hearing Coty Heckman, applicant, added the purpose of the building will be for recreation use. Town's ETJ; Parcel # 08H11077E. approval. which will be evidentiary in nature for the finding of facts. There were no further comments by the staff or questions for the staff. The board will consider the application and any supporting documents that have been submitted to the town as well as the testimony oft the staff as evidence for the finding of facts. Mayor Medlin closed the quasi-public hearing. Attorney Hewett presented the Chapter 160D special use 4 finding of facts for the Board to vote a) Will not endanger the public health or safety: Motion to approve finding of fact (a) was made by Commissioner Hardy, seconded by Commissioner Bradley, voting unanimous, b) Will not injure the value oft the adjoining property: Motion to approve finding of fact (b) wasi made by Commissioner Hines, seconded by Commissioner Robertson, voting c) Will be inl harmony with the area in which it is located: Motion to approve finding of fact (c) was made by Commissioner Hardy, seconded by Commissioner Bradley, voting d) Will bei in conformity with the future land use plan, thoroughfare plan, or other plans officially adopted by the Board of Commissioners: Motion to approve finding ofi fact (d) was made by Commissioner Hardy, seconded by Commissioner Hines, voting upon: motion passed. unanimous, motion passed. unanimous, motion passed. unanimous, motion passed. Attorney Hewett commented that all 4 special use finding of facts were approved thereforea Motion to approve the special use permit ini its entirety to allow: for an oversized building on their property located at 199. Juniper Church Rd in the Town's ETJ on parcel # 08H11077E was made by Commissioner Bradley, seconded by Commissioner Surles, voting unanimous, motion motion to approve the special use permit would be in order. passed. Mayor Medlin called the meeting back into a quasi-public hearing. b) Austin-Parker Village, LLC, Petitioner& Owner - Request a Variance on Front and Rear Setbacks on parcel located at 33 Culver Ave. in the Town's ETJ; Parcel # 08111014E. Attorney Hewett explained the Board of Commissioners will serve as the Board of Adjustment to hear the variance request and the vote must be a four-fifths majority on each oft the finding requirements set by statute. Attorney Hewett swore in Mike Cook, Roy Massengill, and Elton Pridgen to testify for or against the hearing which will be evidentiary in nature for the finding of Mike Cook relayed to the Board that the owner / petitioner was requesting a variance for the front and rear: setbacks on parcel #08111014E at 33 Culver Avenue. The developer has built 291 houses and would like to build the 30th house to the same specifications as the other 29 to complete the project. The property is zoned R-6 high density residential district in the town's city limits. The proposed front and back setbacks of front 17.50 ft; rear 14.78 ft do not meet the Town's zoning ordinances which are: front 30: ft and rear 201 ft. Public notices were in the newspaper on November facts. 1&8, 2023; sign was placed on thej property; letters were mailed out to 38 property owners within At the planning board meeting, the staff and planning board explained variance requests should be heard by the Board of Adjustments ("BOA"), whom is the Board ofCommissioners: and encourage everyone to be at the BOC meeting on Nov. 20th. Because it was advertised to be heard by both, the planning board gave those present an opportunity to speak. Majority of the comments were related to the HOA and unrelated to the variance request. A resident from the. Austin-Parker Village Community inquired which street the house will be facing because the address for this parcel is 33 Culver Ave. Mike Cook explained this is the address assigned on GIS. The front oft thel house will be Commissioner Hines inquired ift the setbacks were by a surveyor and added hel had been confronted by residents with concerns about the HOA. Roy Massengill, developer, commented he was currently over the HOA but was trying to get it turned over by year-end. He added there had been concerns associated with HOA costs and questions about the insurance, dues, etc. Mr. Massengill explained he initially worked with Durwood Stephenson to get the community approved and started and he was using the same plans that Mr. Stephenson drew up and that supposedly got approved at one time. The project is down to one house and he would like to finish. Commissioner Hardy inquired ift there will be a community building / club house out there. Mr. Massengill responded, yes, it is inj process ofbeing built on a different lot. Commissioner Hines suggested tabling the variance approval until the HOA is settled and the community building/ / club house is complete. Mr. Cook commented he suggested tol Mr. Massengill to get this variance approval because there are other homes that most likely do not meet setbacks but it was before his time and he can't speak to the previous approvals. Elton Pridgen, general contractor, commented he had documents dated 1/7/2020 and 6/9/2023 from Mr. Stephenson that the development was approved as al PUD. Mayor Medlin responded he doesn't remember any conversations about al PUD by the board but that is not saying there wasn'ts some communications about it along the way. Mr. Pridgen added everything is per Commissioner Hines asked how does the HOA have the say SO authority now over the community building because it was originally approved to have one. Mr. Pridgen added the HOAI has authority over building the community building because they are the ones who will be paying for it. Mr. Massengill commented the residents are: not sure they want an HOA now ora Attorney Hewett commented the developer can'to do anything without the approval of the variance and the board of adjustments can approve, deny, or table the request at hand. Commissioner Hardy suggested there are unanswered questions that need to be looked into, the staff and the board need to look back at the original plans, therefore he doesn't feel they have Mr. Pridgen had the original plans with listed setbacks of front 15 ft, rear 25 ft, and sides 101 ft. He added the other houses have similar setbacks and they don't want to change the plans for the a 500 feet radius; and there were: no inquiries. facing Kevior Ave. therefore the address will need to be changed. Durwood Stephenson's design. community building. He suggested get the community building completed. enough information to make a decision. last house. Mayor Medlin referenced back to the original approval by the board onl March 9, 2020. The March 9, 2020 minutes state, site plans will bej presented for approval at al later date. He added the site plans were never presented to or approved by the board. Mayor Medlin closed the quasi hearing. Motion to table the quasi hearing for the variance request for 33 Culver Avenue until Tuesday, January 16, 2024 to educate, visit the site, and consider the setbacks being presented was made by Commissioner Hines, seconded by Commissioner Surles, voting unanimous, motion passed. Motion to keep the evidentiary phase of the quasi-hearing open until January 16, 2024 was made by Commissioner Hines, seconded by Commissioner Hardy, voting unanimous, motion passed. Linda Lassiter, resident at 31 Kevior Avenue, commented they had a HOA meeting and the community has a lot ofretired residents on restricted budgets that are concerned about having a HOA due to the fees associated with it. She asked if they decide they don't want a community building /club house, could they give it back tol Mr. Massengill tol build al house. She added they haven'tcreated a HOA and selected members because they aren'tsure they want it. Mayor Medlin responded the board wants the residents to decide what they want and the board will support them. He told Mrs. Lassiter for them to decide what the majority wants and come back tol let the board know. New Business Attorney Hewett addressed the board about the town accepting the streets in Austin-Parker Village. He added he had pulled the plat for Culver Ave., Kevior Ave., & Leisure Ave. There is a sufficient number ofhouses built, roads have been built tol NCDOT standards per. Barry Stanley, and water & sewer utilities are adequate. Ifthe board wishes, the town can accept in December or. January. Mike Cook asked ift the curb and gutters had been cleaned out. Barry Stanley responded yes everything looks good. Commissioner Hines commented he was good to move: forward in December. Mayor's Comments Mayor Medlin congratulated the Chamber on a successful Oyster Roast and congratulated Carles Surles and Kim Robertson on being reelected. He wished everyone a Happy Thanksgiving. Department Reports Police - Bradley ChiefAnderson read the monthly police report (attached). Chief reported the staffh had almost completed training for the year. He asked Commissioner Robertson ifshe knew ifJCC's training simulator was working now because the situation hands on training is what he feels his officers are: missing since they do not use PDS anymore. She did not know. Mayor Medlin told Chief to look for somewhere that could provide the training needed. Parks & Rec and Outreach - Robertson Commissioner Robertson reported: (1) hopefully the board could vote on the P&R. Master Plan at the December meeting; and (2) thanked Barry &. JR: for the work in Barbour's Grove Park. Water and Sewer- - Hines Commissioner Hines reported he had been attending the. Johnson County Water & Sewer Regionalization Steer Committee meetings. Thisi is an information gathering committee looking at options to regionalize the water & sewer int the county. He asked the board to approvea a resolution supporting the water and sewer authority in Johnston County to research the development of a countywide water and sewer authority and to appoint delegates. Motion to approve a resolution supporting ofa. Johnston County water and sewer regionalization fact finding committee and appoint Mike Hines as the delegate for the Town and Michael Bradley as the alternate wasi made by Commissioner Hines, seconded by Commissioner Hardy, voting Commissioner Hines highlighted the water and sewer report (attached). Water had revenue of $39,583 and the sewer had revenue of$37,265. The 12-month daily average per gallon was a 2% loss for water and a 22% loss for sewer. Rainfall was 1.45" which adds to the infiltration. He thanked the town guys for the hard work they did to fix the water leak on Saturday, November unanimous, motion passed. 18 that took all day. Sanitation & Streets Commissioner Surles reported streets & sanitation were good. He thanked the guys for cutting and cleaning out some oft the ditches around town. Finance-Hardy Commissioner Hardy commented the financial statements looked good and commended everyone for the conservative efforts over the past 3 to 4 years to increase the fund balance as a requirement and to also have money for projects. Hel highlighted the financial report (attached) with total funds of$3,027,465 and presented the October payables. Motion to approve the October payables listed int the attached report was made by Commissioner Hardy, seconded by Commissioner Hardy presented some personnel policy amendments that were budget items the board delayed addressing until the fall. The amendments are: (a). Article III, Section 11 -to allow for employees with accrued comp time in excess of 100 hours to bej paid for the comp time in 40-hour increments; and (b). Article VII, Section 4-t to increase the accrued vacation up to 30 Commissioner Surles, voting unanimous, motion passed. day or 240 hours instead of15 days or 120 hours. The amendments are as follows: Article III. The Salary Schedule Plan Section 11: Overtime A. The Town ofFour Oaks abides by all applicable sections of the Fairl Labor Standards Act (FLSA) and the Fair Labor Standards Amendments of 1986. TheTown ofFour Oaks will properly record all applicable overtime accrued for each covered employee. This overtime policy is applicable only to Town ofFour Oaks employees who are nonexempt under the FLSA. B. Employees are expected to work during all assigned periods exclusive ofbreaks and mealtimes. Nonexempt employees are not toj perform work during breaks or at any time that they are: not scheduled to work unless they receive approval from their Depatlment Head, except in cases of emergency. An emergency exists ifa condition arises that could reasonably result in damage toj property or persons that require immediate attention of the employee. Employees who work excess hours because of an emergency will advise their Deparmtment Head oft the overtime worked as soon as practical following the completion of work. Non-exempt law enforcement officers will be paid overtime based on a 28-day time period (hours in excess of171 Iti is thej policy oft the Town of] Four Oaks, in agreement with its employees, that nonexempt employees receive compensatory time off at the rate of one and one halfhours for each hour oft time worked that received prior approval oft the Department Head. COMPENSATORY-FMEISTO-BBUSED-WITHIN-60-DAYS. hours), Amended 2/13/2012 C. D. Amended2432012 Exempt employees, (Administrative Positions, Supervisors, and Department Heads, Managers, i.e. Town Clerk/Manager, Police Chief, Public Works Director) receive compensatory time off at the rate of one hour for each hour oftime worked. COMPENSATORK ME-IS-TO-BEUSBD-WITHIN-60-DAYS D. E. Amended243202 An employee who as accrued compensatory time off and who has requested the use of such time, will bej permitted to use accrued compensatory time off within a reasonable period after making the request ift the use of compensatory time does not disrupt the operations of the Town of Four Oaks. Employees who cannot utilize compensatory time and have accrued at least 100 hours will be paid the unused compensatorty time in increments of40 hours for any time accrued over the 100 hour threshold ats the employee's regular rate of pay. An employee may not request compensatory payments in the month ofJune. Article VII. Holidays, Paid Leave and Time Away from Work Section 4: Vacation Leave Each full-time employee will earn vacation leave at the following rate: 0-5 years 10 days per year (801 hrs/yr) 1.54 weekly 5-7 years 12 days per year (961 hrs/yr) 1.85 weekly 7-10years 14days per year (112 hrs/yr) 2.15weekly 10-15 years 17 days per year (1361 hrs/yr) 2.62 weekly Over 15 years 20 days per year (1601 hrs/yr) 3.08 weekly Vacation will be scheduled to meet the operating requirements oft the Town and insofar as possible, the preference oft the employee. The decision to grant vacation leave within these defined limits will be considered an administrative one for which the Departmental Supervisor will assume responsibility for those in his/her respective department. The Town Clerk/Manager will assume responsibility for the decision to grant vacation leave to the Departmental Supervisor. The Mayor/ Finance Commissioner will assume responsibility for the decision to grant vacation leave to the Town Clerk/Manager. Vacation leave may be accrued up to 3015 days (240 hrs120-hrs). All vacation time earned in excess of 3015 days (240120 hrs) will automatically be added to sick leave accrual in July oft the Vacation will be accrued on a weekly basis and may be taken upon accrual in accordance with Vacation leave will begin accruing beginning with the first day of full-time employment. Vacation leave may be taken as it is earned. No vacation leave shall be taken in excess of that Upon termination, vacation leave will be paid out at a maximum of 3015 days (240120 hrs). Vacation hours in excess of 3015 days (240120 hrs) will be added to the employee's sick leave Motion to approve the amendments as presented was made by Commissioner Hines, seconded by next fiscal year. the provisions oft this policy. earned. accrual. Commissioner Robertson, voting unanimous, motion passed. Closed Session Motion to go into closed session per GS 143-318.11(a)3) to discuss pending litigation matters with the Town Attorney was made by Commissioner Hines, seconded by Commissioner Hardy, voting unanimous, motion passed. No actions taken or motions made. Motion was made by Commissioner Hines, seconded by Commissioner Robertson to move out ofclosed session and into regular session, voting unanimous, motion passed. Adjournment motion passed. With no further business brought before the Town Council, motion to adjourn at 9:13 p.m. was made by Commissioner Hines, seconded by Commissioner Robertson, voting unanimous, ATTEST: Martha Town Clerk 166 3 Garris, NCCMC Vic Medlin, L Mayor