TOWN OF WILSON S MILLS REGULAR COUNCIL MEETING September 21, Mayor Wright asked for any changes to the Agenda.

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1 TOWN OF WILSON S MILLS REGULAR COUNCIL MEETING September 21, 2015 PRESENT: OTHERS PRESENT: ABSENT: Mayor Phillip Wright, Mayor Pro-tem Kenneth Jones, Councilmembers Joan Harris, Fleta Byrd, Randy Jernigan and Johnny Eason Attorney Thad Anderson, Town Administrator Zach Ollis, Town Clerk Leighanna Worley Town Attorney Bill Anderson arrived towards the end of the meeting after attending the Town of Clayton s meeting on the Gordon property. CONVOCATION: Mayor Phillip Wright declared a quorum present and called the meeting to order at 6:33pm. INVOCATION & PLEDGE TO THE FLAG: Councilmember Joan Harris led with an invocation, and then Mayor Phillip Wright led the Pledge of Allegiance. AGENDA: Mayor Wright asked for any changes to the Agenda. Town Administrator Zach Ollis asked that item 5. Ceremonial Oath of Office for Chief Dustin Nichols be deleted until his family could be present. Mayor Pro-tem Kenneth Jones requested to add item 7b(iii) Discussion of a Planner Position. With no other changes requested, a motion was made by Mayor Pro-tem Kenneth Jones and seconded by Councilmember Joan Harris to approve the agenda with the suggested changes. Motion carried Said Agenda is attached to and made part of these official minutes. MINUTES: Budget Session Meetings --March 30, 2015 through May 11, 2015: Mayor Phillip Wright asked for any changes to the minutes of the Budget Session Meetings from March 30, 2015 through May 11, 2015 and there were none. A motion was made by Councilmember Fleta Byrd and seconded by Mayor Protem Kenneth Jones to approve the minutes of the Budget Session Meetings from March 30, 2015 through May 11, 2015 as submitted. The motion carried ARRIVAL: Councilmember Randy Jernigan arrived at 6:34pm after the vote on the Agenda and the vote on the Approval of the Budget Session Meeting Minutes. MINUTES: Regular Council Meeting --August 17, 2015 Mayor Phillip Wright asked for any changes to the minutes of the Regular Council Meeting from August 17, 2015 and there were none. A motion was made by Councilmember Johnny Eason and seconded by Mayor Pro-tem Kenneth Jones to approve the minutes of the Regular Council Meeting from August 17, 2015 as submitted. The motion carried MINUTES: Closed Session Council Meeting --August 17, 2015 Mayor Phillip Wright asked for any changes to the minutes of the Closed Session Council Meeting from August 17, 2015 and there were none.

2 PAGE 2 Councilmember Randy Jernigan to approve the minutes of the Closed Session Council Meeting from August 17, 2015 as submitted. The motion carried 1 st OPEN FORUM: Mayor Phillip Wright opened the first public forum at 6:35pm Wilson s Mills Fire Chief Bentley Powell and Johnston County Emergency Services Director Brett Renfrow spoke with Council regarding concerns about the road name Bear Farm Road. They explained that since the NCDOT has closed part of the road, emergency services are having trouble differentiating between the two sections, and requested that Council look into changing the name of the side in the Wilson s Mills town limits. They said that the Johnston County Addressing office has agreed to pay for all expenses related to this change. Discussion followed regarding how this address change would affect the larger portion of the residents on this road in Wilson s Mills, and that Selma s portion had less residents. Mayor Pro-tem Kenneth Jones stated that he has been in touch with Selma Mayor Cheryl Oliver regarding this issue. He said they have already planned to meet with NCDOT to see if the road could be opened up again, since the original plans for the road closure involving the company Martin Marietta have fallen through. Further discussion followed by Council regarding the possibility of NCDOT not agreeing to open the road, and the continued need for the change if so. A motion was made by Councilmember Randy Jernigan and seconded by Councilmember Fleta Byrd to give Mayor Pro-tem Jones and Selma Mayor Cheryl Oliver 30 days to work with NCDOT on opening the road, and if that is not possible, to direct Johnston County Addressing Services to change the name of the Wilson s Mills portion of Bear Farm Road to Talton Road. With no one else wishing to speak, Mayor Wright closed the public forum at 6:58pm. REGULAR BUSINESS MAYOR PHILLIP R. WRIGHT: MAYOR PRO-TEM KENNETH JONES: Planning Department Report: Mayor Wright had nothing to report. Mayor Pro-tem Kenneth Jones called on Town Administrator Zach Ollis to give a report on the Planning Department. Mr. Ollis reviewed various items completed this month in the Planning Department. Mr. Ollis then discussed with Council the issue of the Gordon property and his discussions with the Town of Clayton. He informed Council that Attorney Anderson was at the Town of Clayton s meeting this evening in hopes that the issue would be discussed. He said there would be more information on this later on tonight s agenda. Mr. Ollis then notified Council that he received an this afternoon from Mr. Bryan Benton requesting that he note to Council during the meeting that he wants to know what services the Town provides for his property. Discussion followed by Mr. Ollis and Council that Mr. Benton is requesting sewer on his property, which is already serviced by Johnston County, and that he still has questions about his site plan, which was never submitted correctly to the Planning Board. Mr. Ollis stated that he would follow up with Mr. Benton. Discussion of Planner Position: Mayor Pro-tem Kenneth Jones told Council that he felt the Town needed to hire at least a part-time Planner even if only 2 days a week. He referenced Economic

3 PAGE 3 Development coming into the town, which would add new developments and subdivisions in the area. Mayor Wright said he did not feel an additional employee was needed and that Mr. Ollis seemed to be handling it well. Councilmember Fleta Byrd expressed concerns about the Town being able to afford that right now. She and Councilmember Jernigan both stated they felt getting the Streets Supervisor in place was more important at this time, as Mr. Ollis is already doing the Planning work. Discussion followed among Council that Code Enforcement was an important issue. Town Clerk / HR Director Leighanna Worley reminded Council that the Code Enforcement and Animal Control duties were both moved to the Police Department, with the Streets Supervisor following up on those duties for the Administrative paperwork part of it. Mayor Pro-tem Jones questioned inspections, and Mr. Ollis stated that these duties fall under the County after permits are received. Mayor Pro-tem Jones also remarked that he felt the Planning Board was struggling with attendance, but Mr. Ollis stated that the only problem had been in September because of the change in dates due to Labor Day. Mr. Ollis told Council that he would look into costs for a couple of days a week and report back to them in October. TCC/TAC Report: Mayor Pro-tem Kenneth Jones told Council that the TAC would meet on the 23 rd. Economic Development Update: JOAN HARRIS: Update on Events Board and Silver Stars Activities: CONTRACT for Event Services David Wright: Mayor Pro-tem Jones had no report on Economic Development. Councilmember Joan Harris told Council that the Events Board is still accepting applications for vendors for the 2015 Pumpkin Festival scheduled for October 10 th. Councilmember Harris said the Silver Stars have been visiting nursing homes with goodies they re making in their weekly meetings. Councilmember Harris said that at last month s meeting it was brought up that this vendor for the pumpkin festival did not have insurance coverage, and after staff spoke with the League of Municipalities, the choice will be up to Council as to how to proceed. Mr. Ollis said the League stated that they highly recommend to have insurance for a vendor such as this, and explained that they would be going on record as asking us to require the insurance; however, they also said the decision is up to the town as to whether or not they should allow the vendor to participate without the insurance suggested. Mr. Ollis said the draft contract in their packets contains the same legal insurance wording as is noted in our other vendor contract so that Council may review and discuss what they would like to do. Councilmembers Eason, Byrd, and Jernigan all felt the contract should be approved without insurance given the nature of the games this vendor would be supplying. Mr. Ollis noted that Mr. Anderson was working on a waiver for all vendors to sign that could waive liability to the Town. A motion was made by Councilmember Fleta Byrd and seconded by Councilmember Johnny Eason to approve the contract with David Wright for games without the requirement for additional insurance coverage. Motion carried

4 PAGE 4 Mayor Wright noted that the written and numerical amounts for the contract were different, and figured this was a typo, but requested that this be changed before the contract is signed. JOHNNY EASON: Sewer Report: Amendments to the USDA CONTRACT with The Wooten Company: Councilmember Johnny Eason stated that the monthly sewer meetings are still taking place and that the other meetings regarding easement work are being completed. Mr. Ollis told Council that the USDA has changed some specifications to the contract that the Wooten Company has with the town regarding services for Phase 1 of the Sewer. He said this is going to save the town around $7,000. He said that due to the size of the contact, staff has opted to allow the attorney to review the contract and update council with any changes, but that he has the amended copy if any wished to review it. A motion was made by Councilmember Fleta Byrd and seconded by Mayor Protem Kenneth Jones to approve the amended contract with The Wooten Company for USDA services as reviewed and approved by Attorney Anderson. Motion carried FLETA BYRD: Street Department Report: RANDY JERNIGAN: Police Department Report: Councilmember Fleta Byrd told Council that we are still using temporary help for the street work and grass cutting and that we should have someone more permanent in place by next month. She asked for any questions from Council and there were none. Councilmember Randy Jernigan introduced Chief Dustin Nichols and welcomed him to the Town. Chief Nichols thanked the Council for the opportunity to work with the Town and stated that he is excited about being here. He said he sees lots of growth potential in the Town, and estimates about $5,000 in savings already in changes he has implanted in the department. Further discussion followed by Council regarding the new GPS systems in the cars and the access to the records. Councilmember Randy Jernigan said he felt it was a great tool for information and discussed some of the advantages of the reports available on the system. FINANCE OFFICER S REPORT: Review of Financial Statements for August 2015: Review and Approve Attorney Billing for Various Hours in Excess of Retainer: Town Administrator Zach Ollis referenced the financial statements through September 15, 2015 and asked for any questions. Council had no questions. Councilmember Fleta Byrd to approve the financial statements through September 15, 2015 as submitted. Motion carried Town Administrator Ollis referenced a memo and billing statement from Mr. Anderson in their packets that contained billable hours for items in excess of his retainer fee. He said that the CDBG and PART-F grant portions of this statement would be reimbursable. Councilmember Randy Jernigan to approve the billing for various hours in excess of the retainer fees from Attorney Anderson as submitted. Motion carried Purchase Order for EJ Pope 2 nd Quarter of Fiscal Year : Mr. Ollis presented to Council the next quarterly purchase order for the gas contract with EJ Pope. He also noted that as requested previously, a report showing last quarter s purchases is also attached. A motion was made by Councilmember Johnny Eason and seconded by Mayor

5 PAGE 5 Pro-tem Kenneth Jones to approve the purchase order to EJ Pope for the 2 nd quarter purchases in Fiscal Year (Oct. Dec.) in the amount of $4, Motion carried TOWN ADMINISTRATOR S REPORT: RESOLUTION to Ratify Correspondence to the Town of Clayton: Town Administrator Ollis said that Mr. Anderson wrote a letter to Clayton s Town Council regarding the annexation of the Gordon Property and asked that council ratify this letter sent. He said this letter explains the attorney s reasoning behind why the Town of Clayton cannot annex the property. Mr. Anderson was then present at the meeting and said that at the meeting in Clayton this evening nothing was discussed regarding the letter he had sent, or the property itself. He suggested his letter be ratified by Council through a Resolution adoption, and that he would follow up with Council on the matter after looking into it further. Councilmember Fleta Byrd to adopt the following Resolution to Ratify Correspondence to the Town of Clayton from the Town of Wilson s Mills Regarding Annexation of Property on Powhatan Road. Motion carried RESOLUTION TO RATIFY CORRESPONDENCE TO THE TOWN OF CLAYTON FROM THE TOWN OF WILSON S MILLS REGARDING ANNEXATION OF PROPERTY ON POWHATAN ROAD WHEREAS, the greater part of the Gordon property tract, which is in the vicinity of Vinson Road, Glen Laurel Road and Powhatan Road, is closer to the Town of Wilson s Mills contiguous Town's limits than the contiguous Town limits for the Town of Clayton's; and WHEREAS, the Clayton limits nearest to the Gordon tract are satellite town limits; and WHEREAS, pursuant to the North Carolina General Statutes, Clayton cannot annex a substantial part of the Gordon tract without having prior thereto entered into an Annexation Agreement with the Town of Wilson's Mills; and WHEREAS, the Town of Wilson's Mills, through its Town Administrator, has on several occasions during the past year requested that Clayton engage in discussions which might lead to an Annexation Agreement; and WHEREAS, Clayton has recently advised the Town Administrator that no agreement could be reached which did not cede all of the Gordon tract to Clayton; and WHEREAS, the Wilson's Mills Town Attorney, at the request of the Town Council, prepared and sent a letter, a copy of which is attached hereto, to various officials in the Town of Clayton, Johnston County, and the Gordon Family. BE IT, THEREFORE, RESOLVED that the Town Council of the Town of Wilson's Mills does hereby ratify and adopt the August 26, 2015 letter from Town Attorney William E. Anderson to Clayton, a copy of which is attached, as the act of the Town of Wilson's Mills. Adopted this 21 st day of September 2015 Amend Susan George James Endowment AGREEMENT: Mr. Ollis stated that due to some findings during the audit, we have learned that we must look to move the funds given to us by James George for the tree endowment. He said we have also learned that the Town of Smithfield avoided the issue by using special wording in their same original agreement. He said that in Council packets, Mr. George has provided a copy of the old agreement updated with his changes. A motion was made by Councilmember Byrd and seconded by Mayor Pro-tem Kenneth Jones to approve the changes to the Susan George James Endowment Agreement in Item 3 regarding investment account for the funds. Motion carried

6 PAGE 6 Community Service Work Program AGREEMENT: Mr. Ollis told Council that the Events Board has expressed interest in using Community Service workers from the Johnston County parole office. He said in order to use the workers the Town needs to sign an agreement with the agency, which covers requirements such as work conditions, not accepting gratuities, ethical standards, etc. Mr. Ollis said that this agreement could serve the town in the future for any other work that could be performed by community services workers in various departments. A motion was made by Councilmember Johnny Eason and seconded by Councilmember Fleta Byrd to approve the Community Service Work Program Recipient Agency Agreement as submitted. Motion carried Possible Sale of Timber Athletic Park Property: Mr. Ollis stated that after the purchase of the park property, we have found that the previous owner was working to sell dead timber. He said he has contacted the contractor who was originally in charge of the project, and learned that there are very few trees that can be cut down; however, we would look to make $100 an acre. Mr. Ollis said this would be more for the preservation of current trees and expansion possibilities than profit, and that this undertaking would require two weeks, if Council desires to begin the process. Discussion followed regarding select cuts on the land and requested that Mr. Ollis look into comparisons from other companies. It was the consensus of Council to table this matter to the October meeting for further information. Appointment of NCLM Voting Delegate and Alternate: Mr. Ollis reminded Council that the NC League of Municipalities Conference is October in Winston-Salem. He said Mayor Phillip Wright, Councilmember Fleta Byrd, Town Clerk Leighanna Worley and he will be attending the conference this year. Mr. Ollis requested that Council vote to approve both a Voting Delegate, and an Voting Delegate Alternate for the Annual Business Meeting to be held during the conference. Councilmember Randy Jernigan to appoint Councilmember Fleta Byrd as the Voting Delegate, and Town Administrator Zach Ollis as the Voting Delegate Alternate for the 2015 NCLM Annual Business Meeting. Motion carried 2nd PUBLIC FORUM: Mayor Phillip Wright opened the second public forum at 8:00pm and with no one wishing to speak, Mayor Phillip Wright closed the open forum at 8:01pm. MOTION TO GO INTO CLOSED SESSION: Councilmember Joan Harris to go into Closed Session pursuant to NCGS (a)(2) to prevent the premature disclosure of an honorary award or scholarship; and pursuant to NCGS (a)(6) regarding personnel matters at 8:01pm. Motion carried RECESS: Mayor Wright called for a 10 minute recess before going into Closed Session. MOTION TO COME OUT OF CLOSED SESSION: Councilmember Fleta Byrd to come out of Closed Session at 8:31pm. Motion carried

7 PAGE 7 ADJOURN: With no further business, a motion was made by Councilmember Fleta Byrd and seconded by Councilmember Randy Jernigan to adjourn. The meeting adjourned at 8:32pm. PHILLIP R. WRIGHT, Mayor ATTEST: LEIGHANNA T. WORLEY, CMC, NCCMC, Town Clerk

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