HomeMy Public PortalAbout09-08-2003 Closed Session
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Closed Session Minutes officially 'UnseaJed'fOpened" by Town Board Action
on February 14, 2005
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CLOSED SESSION MINUTES
HILLSBOROUGH TOWN BOARD
September 8, 2003
7:30 PM, Town Barn
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The Hillsborough Town Board held a Closed Session on September 8, 2003 in the Hillsborough
Town Barn for the purposes of discussing current litigation, proposed litigation, and property
acquisition. Present for the Closed Session were Mayor Joe Phelps, and Commissioners Mike
Gering, Mark Sheridan, Evelyn Lloyd, Frances Dancy, and Kenneth Chavious. Staff present
were Town Engineer Kenny Keel, Assistant Town Manager/Public Works Director Demetric
Potts, Fire Marshal/Code Enforcement Officer Todd Chavious, Town Clerk Donna Armbrister,
Finance Director Sherry Carter and new Finance Director Greg Siler, and Town Attorney Bob
Hornik.
Mayor Joe Phelps opened the Closed Session.
10. CLOSED SESSION
A. Closed Session regarding current litigation regarding junk cars and
nuisance lots
Town Attorney Hornik stated two property owners currently in violation are being taken to small
claims court.
The court date for the six other property owners was rescheduled for September 16. Attorney
Hornik and Town Manager Peterson suggested the Board consider giving them 30 additional
days and a fine of $500 to bring property into compliance, if they do not, they would be fined the
entire amount.
By consensus, the Board agreed.
B. Closed Session to discuss possible property acquisition
Town Engineer Kenny Keel discussed with the Board an offer letter from John K. Williams to
sell the Town a 5.097 acre tract adjacent to the West Fork Eno Reservoir for $10,000 per acre.
Keel stated that due to the fact that this property is land-locked, is difficult to access, and is
adjacent to the dam and spillway, it does not appear that the Town would be able to use it for
anything except additional buffer. As such, it does not appear to be worth the price offered to
the Town. Even if access is gained by easement, it would not make a good recreation are~ since
it is adjacent to the dam and spillway (i.e., dangerous areas to be in the water). Engineer Keel
recommended that the Board decline the offer.
C. Closed Session to discuss potential litigation
Finance Director Sherry Carter informed the Board that the Blue Bayou is delinquent with Food
and Beverage Tax. Attorney Hornik has written a letter to proprietor Gary Lee. Mr. Lee has
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paid the taxes but wishes to appeal the penalties and is asking the Board to waive these fees.
The current amount of the fees as of today is $331.59.
After discussion and advice from the Town Attorney, the Board agreed that the current
legislature does not give them the authority to waive the penalties.
C.l. Closed Session to discuss potential litigation
Assistant Town Manager/Public Works Director Demetric Potts reported to the Board on the
status of the issue of the tree which was cut down during the "Dangerous Tree Assessment" in
error since it was not located within the Town's right-of-way which belonged to Kent Scott. He
informed the Board that the claim is being handled by the NC League of Municipalities and will
actually only cost the Town the amount of our deductible of $500, but the League would like for
the Board to authorize them to offer Mr. Scott a settlement of up to $5,000.
Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board
moved to return to Open Session by a vote of 5-0. The motion was declared passed.
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Donna F. Armbrister, CMC
Town Clerk
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