Minutes oft the Meeting of The Liberty Town Council Held on June 17,2024 5:30 pm Present Mayor: Council: The Honorable Filmore York and Terry Caviness Scott Kidd Jessica Brown William Flowe Don Herndon, Tyson Nixon, Larry Coble, Greg Carpenter, Town Manager: Town Clerk: Town Attorney: Staff: Police Chief; David Semrad, Assistant Town Manager; Janie Phelps, Public Works Director; Joseph Walsh, Interim Parks and Rec Director; Kolby McPherson, Finance Specialist; Adrian Abbott, and Fire Chief; Matt Talbott To Order The Mayor welcomed everyone and called the meeting to order at 5:00 PM. He said all Council Members are present. Closed Session 5:00 PM: NCGS1 143-318.11(a)(6 Council Member Tyson Nixon made a motion to goi into Closed Session per General Statute 143-318.11 (a)(6). Council Member Don Herndon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Tyson Nixon, and Greg Carpenter voting yes. The Council went into Closed Session at With no further business to be discussed in Closed, Council Member Tyson Nixon made ai motion to come out of Closed Session. Council Member Larry Coble seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter, and' Tyson Nixon voting yes. The Council came out of 5:00 PM. Closed Session at 5:12 PM and recessed until 5:30PM. Pledge of Aleglance/nvocation Moment of Silence. Adoption of Agenda Mayor Filmore York led the Pledge of Allegiance and then asked everyone to join in a Council Member Don Herndon made a motion to adopt the agenda with the addition of Public Hearing for text amendment Public Nuisance, removal of] Finance Report and addition of Contract for Robert Giles II firm as Town Attorney. Council Member Tyson Nixon seconded the motion which passed unanimously: Council Member Larry Coble voted yes, Council Member Don Herndon voted yes, Council Member Tyson Nixon voted yes, Council Member Terry Caviness voted yes, and Council Member Greg Carpenter voted yes. The agenda was adopted with changes. Public Hearing Proposed Budget FY 2024/2025 Town Attorney Bill Flowe read Public Comment Rules and the Mayor called the Hearing Pamela Ingool of463 E. Raleigh. Avenue came forward to speak. She said Liberty residents' property taxes went sky high with the reassessment from the County. She gave out a spreadsheet with a sampling. She wants to know where this money is going. We still went into reserve. She said we do not need a' Town Hall to attract residents. Town Mary Bartell of205 S Valley Street came forward to speak. She wants to know when doing the proposed budget how do we calculate the percentages for each department.?What company does our sanitation pick up? Why can't we: reduce the $17.00 per can? Are tax dollars appropriated to this? Citizens pay city and county taxes. to order at 5:36. PM. Attorney Flowe stopped her at three minutes. The Public Hearing was closed at. 5:42PM. Public Hearing. - Budget Appropriations FY 2024/2025 This is an advertised Public Hearing for requested budget appropriations to the non profit entities listed for economic development purposes unrelated to real property or business location incentives: $6,600 to Randolph County Economic Development Corporation, $4776 to the Liberty Chamber of Commerce, and $26,122 to the Randolph Senior Adults The Mayor opened thel Hearing at 5:42 PM No one signed up to speak and the Hearing Council Member Terry Caviness made a motion to approve the Budget appropriations for FY 2024/2025. Council Member Greg Carpenter seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Tyson Nixon and Greg Carpenter voting yes. The 2024/2025 Budget appropriations were Association. was closed. approved. Public Hearingproposed Text amendments Public Nuisance expedites the abatement process for Code Enforcement. Mayor York opened the Hearing at 5:42PM. Assistant Town Manager Janie Phelps said these were only required to be reviewed by Council since a matter of public safety. This Council Member Terry Caviness made a motion to approve the Text amendments for Public Nuisance and finds them consistent with the LDP (Land Development Plan), Council Member Greg Carpenter seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter, and The Hearing was closed at 5:42 PM. Tyson Nixon voting yes. The text amendments for Public Nuisance were approved. Public Hearing - Zoning Text Amendments - Remove FAR (floor to area ratio) Requirement, add language to allow conditional zoning for zoning districts. and specify Assistant Town Manager Janie Phelps said conditional zoning allows us to apply conditions such as wider buffers and come with a site plan. The zoning follows the property and not the owner. Accessory dwellings will provide affordable housing. Calculations are based on primary dwellings. Council Member Nixon asked ifthisi is regulations for accessory dwellings The Mayor opened the Hearing at: 5:43 PM. approved could anyone with a house have another dwelling. Ms. Phelps said yes, ift they meet all the requirements. She said Pittsboro and Chatham do this as well. It is proposed to remove FAR (floor to area ratio). Thisi is typically done in larger cities and does not Council Member Terry Caviness made a motion to approve the text amendments to remove FAR Requirement, add language to allow for conditional zoning for zoning districts, and specify regulation for accessory dwelling and finds them consistent with the LDP (Land Development Plan). Council Member Larry Coble seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter and' Tyson Nixon voting yes. The text amendments were make much sense: for us since we already have a watershed. The Hearing was closed at 6:05 PM. approved. Code Enforcement Report proceeding with the attorney. Approval of Minutes We were unable to get the report due to technical issues. 122 W Swannanoa is under civil penalties of $500.00 per day. They havel heard nothing from the owners and are Council Member Larry Coble made a motion to approve the minutes from the Budget Retreat. May 13, 2024, Work Session May 20, 2024, and the Council Meeting May 28, 2024. Council Member Don Hernson seconded the motion which passed unanimously: Council Member Don Herndon voted yes, Council Member Tyson Nixon voted yes, Council Member Greg Carpenter voted yes, Council Member Terry Caviness voted yes and Council Member Larry Coble voted yes. The minutes were approved. Consent Agenda The Consent Agenda includes: Road Closure Request July Festival and Fireworks and Budget Amendment # 24 for the Fire Department. Council Member Tyson Nixon made a motion to approve the Consent Agenda. Council Member Terry Caviness seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter and' Tyson Nixon voting yes. Old Business Budget Ordinance FY 2024/2025 This is to adopt the Budget Ordinance for the new. Fiscal Year. Council Member Greg Carpenter made a motion to adopt the Budget Ordinance for FY 2024/2025. Council Member Don Herndon seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter, and' Tyson Nixon voting yes. The Budget Ordinance was adopted. Council Member Tyson Nixon made ai motion to approve the 2024/2025 Fee Schedule and the Resolution to Adopt. Council Member Larry Coble seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter, and Tyson Nixon voting yes. The Resolution to adopt the 2024/2025 Fee Fee Schedule FY 2024/2025 and Resolution to Adopt Schedule was approved. New Business Contract Robert C. Giles II Town Attorney Council Member Tyson Nixon made aj motion to approve the contract for Robert C. Giles IIt to take over as the Town Attorney. Council Member] Larry Coble seconded the motion which passed unanimously with Council Members: Larry Coble, Terry Caviness, Don Herndon, Greg Carpenter, and Tyson Nixon voting yes. Administrative Reports Manager's Report The Town Manager thanked everyone for all the time spent on thel Budget. Council Comments throughout the years. Mayor Comments Adjourn Bill Flowe said hel has served as the attorney since 1993 and the Councils should be commended for their public service. Hel has enjoyed working with the managers and staff Mayor York thanked Town Attorney. Bill Flowe for his service to the Town. There being no further business to discuss, Council Member Tyson Nixon made a motion to adjourn. Council Member Don Herndon seconded the motion which passed unanimously with a vote: Council Member Don Herndon voted yes, Council Member Tyson Nixon voted yes, Council Member Greg Carpenter voted yes, Council Member Terry Caviness voted yes, and Council MemberLarry Coble voted yes. The meeting was adjourned. lilmale Mayor Filmore York Lb ATTEST: REae Opn GREAT PLACE 7o LIVE iberly Attachment C LIBERTY AN ORDINANCE AMENDING THE LONING ORDINANCE OF THE TOWN OF WHEREAS, the Town ofLiberty Town Council has considered the request to amend the Town ofLiberty Ordinances toi modernize the Ordinance text, and finds that the amendment is consistent with thel Land Development Plan as described ini the Consistency Statement Resolution; and WHEREAS, the Council finds that the amendments set forth in the Application and incorporated herein by reference, ifapproved as pursuant tot the provisions ofNCGS 160D and the Land Development Plan, would be suitable for the text to be amended; and WHEREAS, the Council finds the amendment request to meet the standards oft the Land BE IT ORDAINED, by the Town Council oft the Town ofLiberty as follows: 1. The application to amend all oft thej proposed text amendments described in the Application and as depicted in Attachments "B" and' "C" is approved and the Town Development Plan; and Ordinances are amended accordingly. 2. This ordinance shall become effective upon its adoption. Adopted this 17th day of June, 2024 Hihu Filmore York, Mayor Town ofLiberty Lpik ATTEST: Jessica Town palea ofLiberty the Council Town of Liberty o P. O. Box: 1006 e 128 South Fayetteville Street e Liberty, NC27298 Phone (336) 622-4276 o Fax (336) 622-2665 o www.liberty-NC.com GREAT PLACE TO LIVE iberly Attachment D RESOLUTION OF THE TOWN OF LIBERTY TOWN COUNCIL APPROVING A CONSISTENCY STATEMENT AND STATEMENT OF REASONABLENESS FOR' THE. APPROVAL OF Town ofLiberty Ordinance Amendments WHEREAS, the Town ofLiberty Town Council has received the application to amend several sections ofthe' Town ofLiberty Ordinances (the Amendment") and finds that the same isc consistent with the' Town ofLiberty Land Development Plan; and WHEREAS, in addition, the Town ofLiberty Town Council considers the Amendment to be reasonable and in thej public interest because the bulk oft the Ordinance has not been updated or modernized since 2004 and: is consistent with the Land Development Plan by modernizing the text in order toj properly regulate development. NOW, THEREFORE, BEI ITI RESOLVED, by the' Town ofLiberty Town Council that, for the reasons set forth above, the Amendment and presented documentation are found to be consistent with the Town ofLiberty Land Development Plan and are determined to be reasonable and in thej public interest. Adopted, this the 17th day of June, 2024 Filmore bpib Mayor inau York, Town ofLiberty ATTEST: Fr TowhofLiberty DBy Clerk to the Council Town of Liberty o P. O. Box 1006 o 128 South Fayetteville Street o Liberty, NC: 27298 Phone (336) 622-4276 e Fax (336)622-2665 o www.lberty-NC.com GREAT PLACE TO LIVE ORTH iberly APPROVING A CONSISTENCY STATEMENT AND STATEMENT OF REASONABLENESS FOR THE. APPROVALOF Town ofLiberty Ordinance Amendments WHEREAS, the Town ofLiberty' Town Council has received the application to amend several sections oft the Town ofLiberty Ordinances (the "Amendment") and finds that the same isc consistent with the effort to enhance the citizen's way ofl life; and WHEREAS, in addition, the Town ofLiberty Town Council considers the Amendment to bei reasonable and in thej public interest because thej public nuisance regulations had not been updated or modernized since 1981. NOW, THEREFORE, BEI IT RESOLVED, by the Town ofLiberty Town Council that, for the reasons set forth above, the Amendment and presented documentation are found to be reasonable and in thej public interest. Adopted, this the 17t day of] June, 2024 Filmore York, Mayor hnulyi Town ofLiberty. ATTEST: Jessica ABa Town ofLiberty Clerk to the Council Town of Liberty e P.O. Box 1006 e 128 South Fayetteville Street e Liberty, NC27298 Phone (336) 622-4276 e Fax (336) 622-2665 e www.liberty-NC.com GREAT PLACE TO LIVE Piberly AN ORDINANCE AMENDINGTHE: PUBLIC: NUISSANCE ORDINANCE OF THE TOWN OF LIBERTY WHEREAS, the Town ofLiberty Town Council has considered the request to amend the WHEREAS, the Council finds that the amendments set forth: in the Application and incorporated herein by reference, if approved as pursuant to the provisions ofNCGS 160D, Town ofLiberty Ordinances to modernize the Ordinance text; and would be suitable for thei text to be amended; and WHEREAS, the Council finds the amendment request to enhance the citizen's way of BE IT ORDAINED, by the Town Council oft the Town ofLiberty as follows: 1. The application to amend all of the proposed text amendments described in the Application and as depicted in Attachment "A"i is approved and the Town Ordinances are life; and amended accordingly. 2. This ordinance shalll become effective upon its adoption. Adopted this 17t day of June, 2024 hinue 2 Filmore York, Mayor Town ofLiberty fyul ATTEST: Ba Clerk tot the Council Phap TnofLibety AN ORDINANCE DENYING THE ZONING ORDINANCE AMENDMENTS OF THE TOWN OF LIBERTY Town of Liberty e P.O. Box 1006 o 128 South Fayetteville Street e Liberty, NC: 27298 Phone (336) )622-4276 e Fax (336)622-2665 o www.lLiberty-NC.com Town of Liberty P.O. Box 1006 239 South Fayetteville Street Liberty, North Carolina 27298 (336) 622-4276 phone (336) 622-2665 fax RESOLUTION 2024-20 RESOLUTION AUTHORIZING A TEMPORARY STREET CLOSING IN ACCORDANCE WITH THE LIBERTY CODE OF ORDINANCES S 90.33 WHEREAS, the Town of Liberty is willing to accommodate temporary street closures for WHEREAS, the Town Manager will have appropriate traffic control devices installed to WHEREAS, the Town of Liberty Chief of Police has received a written request for a temporary street closing from Parks and Recreation Director Kolby McPherson for the July Street Festival and Fireworks display and recommends said closing per the attached map; and WHEREAS, this event will benefit the community and not hamper other Town of Liberty NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Liberty, North Carolina, meeting in regular session on the 17th day of June, 2024 allow the temporary civic events; and give notice oft the temporary street closing; and activities on the date of request; and street closing below: On Saturday July 13, 2024 for the purpose of the Liberty July Festival and Fireworks to occur there will be closure of a portion' of N Fayetteville Street and W Starmount Avenue closed pera attached map from 1 PM-10F PM. Filmore SbbRu ATTEST: Ap-IA gBna Jessica Brown, Town Clerk E. HaykAill Ave. E. Wighfil Ave. XX W. Stwmount Ave. XB x 9 N 3 6 - 3 5 D - L XX X W. Swannanon Ave Meeting Date June 17, 2024 Town ofI Liberty Budget Amendment (FY 2023-2024 #24) Council. Approval Needed BEI IT ORDAINED, by the Liberty Town Council that the Town ofLiberty Budget Ordinance for fiscal This amendmentis to: move funds from multiple departments to move to the Fire Dept Salary, FICA and Section 1: The following expenditures in the multiple departments shall be increased and decreased by year 2023-2024, which was adopted on) June 21, 2023, be amended as follows: Hosp Insurance line item. the amounts indicated: 101 Fund Line Item 10-5300-020 10-5300-050 10-5300-060 General Fund FD Salaries FD) FICA FD Emp Hosp Ins Total) Expenditures General Fund Adm Salaries Adm Emp Hosp Ins Adm EmpAdm Emp Retirement St Salaries St Emp Hosp Ins St] Emp Retirement St MRI Land &1 Bldg StDelcing Salt St] Equipment Rental Rec FICA Rec Emp Hosp Ins Rec Emp Retirement LE Salaries LE FICA LE Emp Retirement Total Revenues Budget 424,000 35,000 45,000 504,000 Budget 329,580 50,000 37,000 255,000 48,000 23,000 12,000 1,000 7,000 16,000 21,000 18,000 707,000 60,000 82,000 1,666,580 Change 103,950 6,350 2,700 113,000 Change (5,000) (5,000) (12,000) (10,000) (10,000) (4,000) (5,000) (1,000) (3,000) (3,000) (3,000) (9,000) (10,000) (8,000) (25,000) (113,000) Amended Budget 527,950 41,350 47,700 617,000 Amended Budget 324,580 45,000 25,000 245,000 38,000 19,000 7,000 4,000 13,000 18,000 9,000 697,000 52,000 57,000 1,553,580 10Fund Linel Item 10-4200-020 10-4200-060 10-4200-070 10-5600-020 10-5600-060 10-5600-070 10-5600-150 10-5600-320 10-5600-470 10-5600-050 10-6200-060 10-6200-070 10-5100-020 10-5100-050 10-5100-070 Prepared By: Kathy Bond, Finance Director Reviewed By: Scott) Kidd, Town Marager Town Manager Initials: EAK himee Filmore York, Mayor Date: ATTEST: alia TovClerk baib am Gnlaay Date:. /n/poay 2024-2025 Budget Ordinance - Liberty, North Carolina Be it ordained by the Town Council of Liberty, North Carolina in regular session assembled: Section 1. The following amounts are hereby appropriated in the General Fund for the operation of the town government and its activities for the fiscal year beginning July 1, 2024 and ending June 30, 2025 in accordance with the chart of accounts heretofore established for this June 17, 2024 town: Governmental. Body Administration Election Planning and Zoning Police Fire Streets Sanitation Recreation Library Cemetery $ 31,550 $ 795,283 $ 1,000 $ 52,500 $1,169,700 803,872 $ 598,620 $ 321,000 $ 315,557 $ 219,470 $ 20,475 $4,329,027 2024-2025 Budget Ordinance - Liberty, North Carolina. the fiscal year beginning July 1, 2024 and ending June 30, 2025: Section 2. It is estimated that the following revenues will be available in the General Fund for Current Year's Property Tax Prior Year's Property Taxes Vehicle Tax Tax Penalties and Interest CATV Franchise Interest Income on Investments Recreation Revenue ABC Store Rent Utility Franchise Tax Tax Beer & Wine Powell Bill Sales Tax ABC Revenue County Fire Tax Municipal Solid Waste Randolph Library Supplement Other Revenue General Fund Bal Approp General Fund Capital Reserve $1,835,000 $ 9,300 $ 170,000 $ 4,000 $ 30,000 $ 46,502 $ 19,800 $ 24,000 $ 147,000 $ 14,000 $ 105,500 $1,035,000 $ 52,000 $ 365,000 $ 265,000 $ 12,000 $ 176,925 $4,329,027 Cemetary (Grave opening & Sales $ 18,000 Page 1 of 4 2024-2025 Budget Ordinance - Liberty, North Carolina Section 4. The following amounts are hereby appropriated in the Water/Sewer Fund for the operation oft the Water and Sewer utilities for the fiscal year beginning July 1, 2024 and ending June 30, 2025 in accordance with the chart of accounts heretofore approved for the Town: Administration Water Sewer $ 440,100 $ 616,550 $ 345,325 $1,401,975 Section 5. It is estimated that the following revenues will be available in the Water/Sewer Fund for the fiscal year beginning July 1, 2024 and ending June 30, 2025: Debt Set Off Water Receipts Sewer Receipts Water/Sewer Tap Late Fees Interest Income $ 2,275 $ 664,700 $ 650,000 $ 30,000 $ 22,000 $ 12,000 $ 21,000 $1,401,975 Water/Sewer Non Payment Fee Water/Sewer Capital Reserve Water/Sewer Fund Balance Page 2 of 4 2024-2 2025 Budget Ordinance - Liberty, North Carolina Section 6. There is hereby levied a tax at the rate of sixty four cents ($ .64) per one hundred dollars ($100) valuation of property as listed for taxes as of. January 1, 2024 for the purpose of raising the revenue listed as "Current Year's Property Taxes" in the General Fund in Section 3 of This rate is based on a total valuation of property for the purposesof taxation of $294,266,656 this ordinance. and an estimated rate of collection of 98%. Section 7. The Budget Officer is hereby authorized to transfer appropriations within a fund as contained herein under the following conditions without limitation and without a report being required. a. He/She may transfer amounts between objects of expenditures within a department b. He/She may transfer amounts up to $5,000 between departments of the same fund C. He/She may not transfer any amount between funds nor from any contingency with an official report on such transfers at the next regular meeting of the Town Council appropriation within any fund. Section 8. Copies of the Budget Ordinance shall be furnished to the Finance Officer and to the Budget Officer of this town to bel kept on file by them for their direction in the disbursement of funds. Adopted this 17th day of June, 2024 Attest: Fhimu Filmore Mayor, York fpb LAn d Town Clerk L Jessica Brown, Pana 3 nf4 Town ofLiberty P.O. Box 1006 239; South Fayetteville Street Liberty, North Carolina 27298 (336)622-4276 phone (336)622-2665 fax RESOLUTION 2024-19 WHEREAS, The Town of Liberty wishes to establish a: fee schedule for the General Fund and WHEREAS, The Town of Liberty wishes to establish this fee schedule in advance to better Water and Sewer Fund for thel Fiscal Year 2024-2025; and estimate upcoming Fiscal Year revenues; and WHEREAS, Public enterprises tend tol bei funded mainly by user: fees; and WHEREAS, Municipalities have parallel authority to impose "schedule of rents, rates, fees, charges, and penalties for the use ofs services furnished by any Public Enterprise; and WHEREAS, Municipalities may include in such rates and charges the capital costs associated with actual or anticipated growth, as well as operating expenses and depreciation; and WHEREAS, Fees may be accessed on all users of the enterprise funds, regardless of their NOW, THEREFORE, BE IT RESOLVED that the Town Council of The Town of Liberty property status; and North Carolina hereby: ADOPT THE 2024-2025 FISCAL YEAR FEE SCHEDUIEBPPECTIVE JULY 1, 2024 FOR' THE TOWN OF LIBERTY GENERALFUND, AND WATER AND SEWER FUND, RESPECTFULLY, AS PRESENTED THIS MONDAVJUNEI7,2024 imu Filmore York, L ATTEST: IAR Jéssica Brown, Town Clerk NORTH CAROLINA RANDOLPH COUNTY MEMORANDUM OF UNDERSTANDING 1. 2. Town Attorney. 3. Parties The Parties to this Memorandum ofUnderstanding "Memorandum") are Purpose Thej purpose ofthis Memorandum ist to set forth the understanding between the Town ofLiberty (the "Town") and Robert C. Giles, II (the "Town Attorney"). the Parties concerning the nature oft the relationship under which Robert C. Giles, II shall serve as the Scope of Service In consideration oft the compensation set forth below, Robert C. Giles, II shall perform for the Town legal services as set forth herein and by NCGS 160A-173 and Chapter 30.04 (Attorney) of the Town of Liberty, NC Code of Ordinances. Such services shall include the following: a. Routine legal advice, including consultation and opinions to the Town Council and staff on areas such as zoning and land use, general municipal law, civil and criminal enforcement, personnel law, contract law, tort liability, and risk management; Preparation and review of ordinances, resolutions, agreements, contracts, and related Review ofTown Council agenda packets and attendance at regularly scheduled Town b. C. d. 4. documents; Council meetings; Attendance at other meetings as deemed necessary. Services Performed by Robert C. Giles, II The parties acknowledge and agree that the services covered under this Memorandum shall be performed by Robert C. Giles, II. However, Robert C. Giles, Ilis allowed to seek assistance from other lawyers, either within or outside the firm, but Robert C. Giles, II shall be responsible for the quality ofwork. 5. Meeting Conflicts and Absences Robert C. Giles, II will attend as' Town Attorney all Town Council meetings. In the event that the Town Attorney will be absent for health or vacation purposes, he shall provide the Town Manager with as much notice of such absence as is reasonable under the circumstances. Iflegal representation is still needed by the Town, Robert C. Giles, II shall appoint one ofl his staff to provide representation. Robert C. Giles, II shall not represent the Town in any matter in which there exists a conflict as that term is defined by the North Carolina Rules of Professional Conduct. 6. Annual Continuing Education Robert C. Giles, II shall commit to six (6) hours per year of continuing education in topics related to local government and municipal government. The Town will reimburse Robert C. Giles, II for costs related to these six (6) hours of continuing cducation. This reimbursement shall be a cost share between contracted municipalitics. Robert C. Giles, II shall provide an invoice oft the class(es) and the percentage to be paid by the Town, 7. 8. Professional Liability Insurance Robert C. Giles, II shall have adequate professional liability insurance and shall provide the declaration of coverage to the Town each year. determined by Robert C. Giles, II, he shall immediately notify the Mayor of the Town and the Town Manager and cease all consideration ofthat matter. Atther next: following regularly scheduled meeting of the Town Council, the Council shall determine the attorney to fill the role of the Town Attorney Conflicts In the event that a conflict arises in the representation oft the Town as for that particular conflicting' matter. 9. Rules of Professional Conduct Robert C. Giles, II shall agree to strictly abide by the Rules ofl Professional Conduct with all his clients and he shall be required to report to the Town iftherc is a claim or report by anyone against him. 10. Compensation The Town ofLiberty shall pay to Robert C. Giles, II at an hourly rate of$160.00 per hour for attorney and $80.00 per hour for Paralegal Certified by thel NC State Bar, billed in twelve (12) monthly increments at the end of each month. These hourly rates will compensate Robert C. Giles, II for the services set forth above. This MOU prohibits the Paralegal Certified by the NC State Bar from billing time that was actually a communication with the attorney ori inside the office. Any expense with a cost ofmore than $200.00 will bej preapproved by the Town ofLiberty, NC. The Town agrees to reimburse Robert C. Giles, II the cost for reasonable expenses, for any filing fees, service of process fees, or any other fees associated with litigation. Robert C. Giles, II will provide detailed billing to the Town monthly for all such work and expenses incurred, with payment to: follow within thirty (30) days. Iftravel is required fors such services, the Town agrees toi reimburse Robert C. Giles, II for mileage at the standard IRS mileage rate. 11. Duration, Termination This Memorandum shall take effect on July 1, 2024 and shall govern the relationship between the parties on an annual basis, and shall end June 31, 2025. A new contract shall be provided. nol later than April 30 each year for review of! potential changes. Either party may terminate the contract upon ninety (90) days' written notice to the other party for any reason. Payment shall be made for services rendered through the date oftermination. Thisagreement will supersede any prior agreements between the Parties with respect to the terms and conditions set forth herein. This Memorandum ofUnderstanding is executed by the parties this the day ofJuly, 2024. Town ofLiberty climoe Filmore York, BY: buk Mayor Robert C. Giles, II MBALE BY: Robert C. Giles, II ATTEST: JesicaB pn gG Town Clerk Provision for payment has been made by an appropriation duly made or bonds or notes duly authorized, pursuant to the Local Government Budget and Fiscal Control Act. Vashy Bondo Kathy Bond, Finance Officer