TOWN OF STOKESDALE Executive Session 8325 Angel Pardue. Road Stokesdale, NC 27357 An Executive Session oft the Stokesdale Town Council was held on Thursday, June 25, 2015 at the Town The following Council members were present: Mayor Randy Braswell, Vicki White-Lawrence, Frank Others present included William B. Trevorrow, Town Attorney; and Carolyn Joyner, Town Clerk/Finance The session began at 10:15 pm. The closed session was held for the purpose of Attorney-Client Privilege Mr. Trevorrow said that one of the lawsuits that Mr. Walker has filed on behalf ofthe Town was against Randy Wilson for failure to pay over $10,000 for the water availability fees. Mr. Wilson has hired a lawyer who has answered the lawsuit and also filed a counter claim for unfair and deceptive trade practices against the Town. He said that if you prove damages under the unfair and deceptive trade practices, then treble damages can be awarded. Mr. Trevorrow and Mr. Brian Walker have investigated and they believe that the Town is not in commerce and not engaged in commerce and could not be sued Mr.. Trevorrow has called the Town's insurance carrier, the North Carolina League of Municipalities and consulted with them on the matter. They have sent a letter which explains why our policy does not cover this as they do not defend the Town for a counter claim and they agree that the Town is not involved in commerce. Brian Walker has talked to the attorney for Mr. Wilson and he will probably be withdrawing the counter claim. Mr. Walker wound not defend the Town since it is not authorized in his contract with the Town. Mr. Trevorrow would have to defend the case and for future cases, Council may decide on a Mr. Trevorrow said that a motion would be filed and the case would be dismissed. Mayor Braswell said that Mr. Walker had indicated that an extension may be necessary. Mr. Trevorrow said that Council could ask for an extension but it may not be needed if the counter claim is dropped. Mr. Trevorrow is Mayor Braswell asked about Mr. Wilson's claim that Council waited too long to pursue the past due amount. Mr. Bruno said that he was being billed monthly for the fees and was aware of the past due Mayor Braswell asked if the previous attorney had made efforts to collect this amount. Ms. Joyner said that all of the past dues were turned over to an attorney but the Town records may not have information on the methods were used such as letters that were written or if phone calls were made. Mayor Braswell Mayor Braswell asked when minutes of the executive sessions would be released to the public. Mr. Trevorrow said that when the reason for the executive session expires or is no longer needed, then ifa Hall at 8325 Angel Pardue Road. Bruno, William N. (Bill). Jones and Joe Thacker. Officer. per GS 143-318.11()3. fort this. case by case basis ifMr. Walker would defend the case. authorized to defend the Town ifai reply is needed. amount. said that any information should be given Mr. Walker. 1 June 25, 2015 Exe Session Draft request is made, the public can see the minutes. Mayor Braswell said that Council is not to discuss the executive sessions when the session is over. Council returned to open session at 10:36 pm. Carbpdhgus Carolyn/t.Joyner, Town flerk Approved: Randy Braswell, Mayor Aahe 2 June 25, 2015 Exe Session Draft