HomeMy Public PortalAbout12-12-2005 Regular Session Closed SessionDecember 12, 2005 Closed Session
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Minutes Approved: January 9, 2006
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CLOSED SESSION MINUTES
HILLSBOROUGH TOWN BOARD
December 12, 2005
The Town of Hillsborough held Closed Session on December 12, 2005 in the Hillsborough
Town Barn. Present for the Closed Session were Mayor Joe Phelps, and Commissioners Frances
Dancy, Brian Lowen, Eric Hallman, Michael Gering, and Evelyn Lloyd. Staff present were
Town Manager Eric Peterson, Assistant Town Manager/Public Works Director Demetric Potts,
Town Clerk/Personnel Officer Donna Armbrister, Town Engineer Kenny Keel, Town Attorney
Bob Hornik, and Police Chief Clarence Birkhead.
CLOSED SESSION
Mayor Tom Stevens opened the Closed Session.
Mayor Stevens suggested reversing the order of the Items and consider Item B first. By
consensus, the Board agreed.
B.Closed Session as authorized by North Carolina General Statute Section 143-318.11(3)to
meet with Town Attorney regarding current Litigation with Atlantic Skanska regarding
Water Treatment Plant Construction
Town Manager Eric Peterson reported on a meeting that he, Hornik, and Keel had with John
Bugg, (an attorney who is a specialist in disputes with large construction contracts) this afternoon.
Peterson stated that Atlantic Skanska are still stating that they are not entirely to blame. Town
Attorney Bob Hornik reported that John Bugg thinks the Town was too nice back in July by
offering to lower the liquidated damages from $603,000 to $532,000. The deadline for closing
out the loan agreement with the State of North Carolina is actually September 2006 instead of the
end of December 2005. Town Manager Peterson suggested the Board consider reducing an
additional 60 days off the liquidated damages, and authorize an established bottom line dollar
amount of $472,000 if settled by noon on Wednesday. Attorney Bob Hornik informed the Board
that settlement negotiations are not admissible in court.
A.Closed Session as authorized by North Carolina General Statute Section 143- 318.11(6) to
Discuss Personnel Issues
Redacted minutes unsealed by town attorney on April 16, 2019
December 12, 2005 Closed Session
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Minutes Approved: January 9, 2006
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Respectfully submitted,
Donna F. Armbrister, CMC
Town Clerk
Redacted minutes unsealed by town attorney on April 16, 2019