MINUTES TOWN OF STOKESDALE REGULAR TOWN COUNCIL MEETING 8325 ANGEL-PARDUE ROAD STOKESDALE, NC27357 APRIL 13, 2023 AT 7:00 PM  Member's present were: Mayor Mike Crawford; Mayor Pro-Tem Derek Foy; Council Members: Jimmy Landreth, Tim Jones, and Jim Rigsbee; Town Attorney Charles Winfree; Finance and Budget Officer Kim Thacker, Town Clerk Dale Martin and Deputy Town Clerk Robbie  Wagoner. 1.  Call to Order, Pledge of Allegiance, and Invocation by Pastor Xavier Kelly of Oak  Level Baptist Church.  Mayor Mike Crawford called the meeting to order and led thel Pledge of Allegiance. Pastor Xavier  Kelly of Oak Level Baptist Church delivered the invocation.  2.  Review and Adopt the Agenda.  Councilman Tim Jones requested that Items #12 and 13 be reversed.  Councilman Jones requested the addition ofitem #13A - Hazen and Sawyer Proposal Town Attorney Chuck Winfree asked for item #13B - Closed session for the purpose ofd discussing Mayor Pro Tem Derek Foy made a Motion to adopt the agenda as amended above. Councilman  legal matters.  Jimmy Landreth seconded the motion. Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, vote 5-0.  YES YES  Mayor Pro Tem Foy YES Councilman Rigsbee YES  3.  Review and Adopt the Minutes: December 10, 2020 Regular Town Council Meeting; December 13, 2020 Special Call Town Council Meeting; February 9, 2023 Closed Session; February 9, 2023 Regular Town Council Minutes (continued from March 9th); March 9, 2023 Regular Session Minutes; March 9, 2023 Closed Session Minutes.  Minutes of] December 10, 2020 Regular Session  Mayor Crawford made a Motion to approve the minutes as presented. Councilman Landreth  seconded the motion.  62    Councilman Jones stated that he was not present and therefore will vote nay.  Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, 4-1.  YES NAY  Mayor Pro Tem Foy YES Councilman Rigsbee YES  Minutes of] December 13,2020 Special Called Meeting  Mayor Crawford made a Motion to approve the minutes as presented. Councilman Landreth  seconded the motion.  Councilman Jones stated that he was not present and therefore will vote: nay.  Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, vote 4-1.  YES NAY  Mayor Pro Tem Foy YES Councilman Rigsbee YES  Minutes of February 9,2023 Closed Session  Mayor Crawford made a Motion to approve the minutes as presented. Mayor Pro Tem Foy  seconded the motion.  Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, vote 5-0.  YES YES  Mayor Pro Tem Foy YES Councilman Rigsbee YES  Minutes of] February 9, 2023 Regular Session (Continued from March 9,2023) Mayor Crawford made a Motion to approve the minutes as presented. Mayor Pro Tem Foy  seconded the motion.  Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, vote 5-0.  YES YES  Mayor Pro Tem Foy YES Councilman Rigsbee YES  63    Minutes March 9,2023 Regular Session and Minutes of March 9, 2023 Closed Session Mayor Pro Tem Foy made a Motion to approve the minutes as oft the March gth and March 9, 2023 Closed Session. Mayor Crawford seconded the motion. Councilman Jones asked that Page 5, the spelling of" Hunsucker" be corrected.  Session  Regular  Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, vote 5-0.  YES YES  Mayor Pro Tem Foy YES Councilman Rigsbee YES  4.  Public Safety Reports: a) Stokesdale Fire Department  Mayor Pro Tem Foy gave this month's] Fire Safety Report. b) Guilford County Sheriff's Office  Mayor Crawford read email report from Guilford County Sheriff's Office.  5.  Administrative Reports:  a) Administrative Report: Dale Martin, Town Clerk Town Clerk Dale Martin presented the Administrative Report.  b) Planning Board:  None presented.  c) Events Committee:  None presented.  d) Property Committee:  Councilman Rigsbee stated that we: reached out to Excellence Lawn Care to take of weeds that are  popping up around Town Hall.  e) Town Park improvement Committee:  Mr. Tee Stephenson gave a brief report on current meetings of the Town Park Improvement Committee. He referred to the agenda item taking place later in the meeting and encouraged Council to review and consider proposals for the basketball and pickleball courts.  64    6.  Financial Reports:  a) Finance/Budget: Officer: Kimberly Thacker  Mrs. Kimberly Thacker presented both the general fund and water fund monthly reports. 7. Citizen's Comments from the Floor (3-Minute Limit per Speaker).  None presented. OLD BUSINESS:  8.  Proposal to extend lawn care contract with Excellence Lawn Care for 1 year at the  same terms and conditions. (Continued from January 12, 2023)  Mayor Pro Tem Foy made a Motion to approve the contract with Excellence Lawn Care for 1 year at the: same terms and conditions, $24,000/annual cost. Councilman Landreth seconded thei motion.  Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, vote 5-0.  YES YES  Mayor Pro Tem Foy YES Councilman Rigsbee YES  9.  Consideration of Vendor to maintain Soccer Fields at Town Park. (No action from  January 2023)  Town Attorney Chuck Winfree explained the amendment paragraph to add insurance The Provider shall operate as an independent contractor. The Provider is not eligible for worker's compensation coverage under the Town' 's Workers' Compensation Policy while performing the contracted. service for the Town. The. Provider understands that noj federal, state or other payroll tax of any kind shall be withheld or paid by the Town on behalf of the Provider or employees of the Provider. The Provider understands and agrees that the Provider is fully responsible for the payment of all taxes arising from the payment of monies pursuant toi the  requirements. Mr. Wagoner read the following paragraphs:  Agreement.  VI.  Provider shall be responsible. for providing and maintaining general liability insurance in an amount ofat least $1,000,000 with a carrier approved by Stokesdale, worker's compensation insurance for Providers employees, and any other appropriate insurance required  by this Agreement or North Carolina law.  65    Mayor Crawford made a Motion to approve the contract with Hunter Enterprises for 1 amendment to add insurance as previously read, $12,000 annual costs. Councilman year  with Rigsbee  seconded the motion.  Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, vote 5-0.  YES YES  Mayor Pro Tem Foy YES Councilman Rigsbee YES  10. Opening and Consideration of] Proposals for Auditing Services. Kim Thacker, Finance Officer presented two proposals for auditing services. W. Greene, PLLC-FY23-514000, FY24-$14,000, FY25-$ $14,000 C.R Randolph, CPA-S $10,625 with a cap ofno more than 3%i increase for 2024 and 2025. Mrs. Thacker noted that in her research of W. Greene, PLLC she learned that there was some tardiness in submitting the audit reports and that in some cases, Mr. Greene was replaced by the Mrs. Thacker then spoke ofl her extensive conversation with Ms. Randolph and' believed her to be very knowledgeable with 31 years of experience. She stated that Ms. Randolph understands that this is a 1-year contract with a 3-year proposal submitted. Any increase in cost is to bei no more Mayor Pro Tem Foy made a Motion to approve the contract with C. Randolph CPA, PLLC Certified Public. Accountant to conduct the annual Financial Auditing services for the Town of Stokesdale for FY 2023 in the amount of$10,625. Councilman Landreth seconded the motion.  municipality.  than 3% for the subsequent 2 years.  Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, vote 5-0. NEW BUSINESS:  YES YES  Mayor Pro Tem Foy YES Councilman Rigsbee YES  11. Town Park Improvements. (Additions to' Town Park: New Playground Equipment)  Mayor Pro Tem Foy referenced the proposal submitted to Council.  Mayor Pro Tem Foy made a Motion to accept the proposal submitted by #6099f, dated March 2023 from Back Yard Paradise, 3123-K Cedar Park Road, Greensboro, NC to install playground 6, equipment under the terms oft the proposal and in the amount of$81,692.83, ofv which $5,013.83  66    in sales tax which will be returned to the Town of Stokesdale. Councilman Landreth seconded Mayor Pro Tem Foy announced that the Town received nine different proposals from three different vendors and after careful review felt that Back Yard Paradise would be the best option Councilman Jones, asked if anyone went to look at their work? Mayor Pro Tem Foy stated that their work was a summary and reference information in the packet given to Council a week or SO  the motion.  for the Town.  ago. He added that Mrs. Hunsucker did conduct reference checks.  Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, vote 5-0.  YES YES  Mayor Pro Tem Foy YES Councilman Rigsbee YES  13. Consideration to accept Scott transcript dated May 24, 2022. (Reversed with Item Councilman Jones introduced this item and stated that he has had a discussion with Mr. Winfree ini regard tol legal concerns with this item and understands those concerns. He believes the citizens are entitled to transparency. He had this transcript done because the audio is not clear in some places. He noted that the minutes of the closed session have been released. He noted that the Transcriptionist in not a certified court reporter, but her business is to provide transcripts for Councilman Jones made a Motion to accept the Transcript as a supplement to the audio with whatever reservations Mr. Winfree thinks are appropriate for the closed session held March 12, Mr. Winfree identified four concerns with the release of this transcript. One being that Ms. Scott is not a registered court reporter/transeripionist and noted the training and qualifications required for that designation. He was concerned that she was not present at the meeting and questioned her ability tol knowwho said what from an audio tape. He questioned thei format ofthe document which was a word document that is editable by anyone that received it. He also noted that she certified that it was an accurate transcript oft the recording that she received, but it has not been determined that the recording she received is an accurate and complete recording oft that meeting. Mr. Winfree stated that ift the Town vouches for the accuracy ofthet transcript and itist then disputed by someone, the Town may have to defend itselfin a defamation lawsuit. Council discussed the liability ofa accepting this transcript as part of the Town's records.  #12)  government entities and private corporations.  2020.  Councilman Landreth seconded the motion.  67    Town Clerk Martin asked for clarification on what is meant by accepting the transcript. Councilman Jones stated that hisi intent is tol have the transcript added as a supplement to the audio recording and not the written minutes that have already been approved by Council. Councilman Landreth expressed concern with bringing this back up again. Mayor Pro Tem Foy stated that hel has not ever received a copy ofthis transcript and is being asked tov vote for something that he has not seen and stated that this is senseless to do.  Mayor Crawford Councilman Landreth NAY Councilman Jones Motion failed, vote 1-4.  NAY YES  Mayor Pro Tem Foy NAY Councilman Rigsbee NAY  12. Discussion regarding the recording of Closed Sessions. Reversed with 13 Mayor Crawford stated that Mr. Winfree has provided Council with options to consider. Mr. Winfree explained the purpose of closed sessions and what is allowed to be excluded by State  Law and explained the following options.  TOWN OF STOKESDALE  OPTIONS FOR RECORDING OF CLOSED SESSIONS  None oft these options would have retroactive application; any recordings existing on the date of 1. Adopt noj policy, permitting unrestricted recording of minutes and imposing no 2. Adopt a policy completely prohibiting the recording of closed meetings.  the adoption of any policy would be controlled by option 1, below.  requirement for deletion of recordings.  3. Adopt a policy that allows only the Town Clerk to record to assist with minutes, with the recording to be secured and deleted after the minutes are approved. Before minutes are finalized, any member ofTown Council, the Town Clerk, or Town. Attorney could listen 4. Adopt a policy that allows only the Town Clerk to record, and the recording is preserved indefinitely but secured. Council would need to decide ifmembers ofTown Council who were not members at the time of the closed session could listen to the recording, and if  to the recording.  68    people who were on the Council at the time of the meeting could listen to the recording 5. Adopt a policy that allows any participant to: record, but requires the deletion oft the recording once the minutes of the closed session have been approved.  after their terms run.  Mr. Winfree advised Council to adopt option #3.  Councilman Jones made a Motion to continue this item to allow time to study how various forms Mayor Pro Tem Foy seconded the motion and offered that the item be continued to the next regularly scheduled Council Meeting. Councilman Jones accepted the amendment.  ofgovernment handle this issue.  Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, vote: 5-0.  YES YES  Mayor Pro Tem Foy YES Councilman Rigsbee YES  13-A. Consideration of Hazen and Sawyer Proposal. Councilman Jones stated that this came in at the last minute.  Mayor Crawford made a Motion to continue this proposal dated 4-11-2023 by Hazen and Sawyer until the May regular Council meeting. Councilman Landreth seconded the motion.  Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, vote 4-1.  YES YES  Mayor Pro Tem Foy NAY Councilman Rigsbee YES  13B. Closed Session in accordance with North Carolina General Statutes 143-318.11. (a) Permitted Purposes- Iti is the policy ofthis State that closed sessions shall bel held only when required toj permit a public body to act ini thej public interest as permitted ini this section. Aj public body may hold a closed session and exclude thej public only when a closed session is required. (3) To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby  acknowledged.  Mayor Crawford made a Motion to go into Closed Session: in accordance with NCGS 143-318.11 to discuss legal matters with the Town Attorney. Councilman Landreth seconded the motion.  Mayor Crawford Councilman Landreth YES  YES  Mayor Pro Tem Foy YES Councilman Rigsbee YES  69    Councilman Jones Motion carried, vote 5-0.  YES  Council entered Closed Session at 8:08 PM.  Mayor Pro Tem Foy made a Motion to enter into Open Session at 8:28 PM. Councilman Rigsbee  seconded the motion.  Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, vote 5-0. 14. Council Comments.  YES YES  Mayor Pro Tem Foy NAY Councilman Rigsbee YES  Mayor Crawford announced that he has been approached by Summerfield and asked that the Town consider a roclamation/Resolation in support of Summerfield's efforts in opposition to Mayor Pro Tem Foy expressed his support and added that this merits a special called meeting of Council. He called a Special Called Meeting for Thursday, April 20, 2023 at 7:001 PM to consider  the deannexation.  aP roclamation/Resolution in support of Summerfield.  Itwas suggested that Council also consider the Hazen and Sawyer proposal.  Councilman Jones stated that he stands by his request to accept thet transcript discussed previously.  Mayor Crawford read the following announcements.  ANNOUNCEMENTS:  The Town of Stokesdale Town Planning Board will hold a meeting on April 27, 2023 at 7:00 PM inside the Town Hall Council Chambers, located at 8325 Angel-Pardue The' Town of Stokesdale Town Council will hold a Budget Workshop meeting on May 04, 2023 at 7:00 PM inside the Town Hall Council Chambers, located at 8325. Angel- The Town of Stokesdale Town Council will hold a regular meeting on May 11,2023 at 7:00 PM inside the Town Hall Council Chambers, located at 8325 Angel-Pardue  Road, Stokesdale, NC 27357.  Pardue Road, Stokesdale, NC 27357.  Road, Stokesdale, NC 27357.  70    15. Adjournment. seconded the motion.  Mayor Crawford made a Motion to adjourn the meeting at 8:34 PM. Councilman Landreth  Mayor Crawford Councilman Landreth YES Councilman Jones Motion carried, vote 5-0.  YES YES  Mayor Pro Tem Foy YES Councilman Rigsbee YES  Being no further business to come before Council, the meeting was adjourned at 8:34 pm.  Approved: December 14, 2023.  E Michael E. Crawford, Mayor  ATTEST:  alnat Dale F.] Martin, Town Clerk  71