Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, Feb. 16, 1999



MINUTES



The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Feb. 16, 1999 in the Town Board meeting chambers, located in Town Hall, 128 S. Main St. Mayor Gerald W. Holleman presided, calling the meeting to order at 7:30 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened.



Board Members Present: Commissioners Hank Dickson, Jim Dolle, Parrish Womble, Ken Martin, Tim Sack and Mayor Holleman.



Board Members Absent: None.



Staff Members Present: Ernest C. Pearson, town attorney; Joni Smith, town clerk (recording the minutes); Don Mizelle, planning director; Jennifer Carr, director of community development; Cecil Parker, chief of public safety; Thomas Tillage, director of public utilities; Len Bradley, director of parks and recreation; and Bob Jessup, bond counsel. Stephanie Sudano, town engineer, arrived at 9:15 p.m. to attend the closed session. John Ellis, finance director, arrived at 9:15 p.m.



2 and 3. The pledge of allegiance was recited, and the meeting opened with a moment of silent meditation.



4. Agenda Adoption - Commissioner Dickson moved that the meeting agenda for Feb. 16, 1999 be set with changes (if any) as listed below and adopted. Commissioner Martin seconded the motion, which carried unanimously.

Items Added: None.

Items Deleted: None.

Items Removed from Consent Agenda: None.

5. Walter Weeks Communication - Mr. Walter Weeks of the Wake Enterprises program for developmentally disadvantaged adults addressed the Board, giving an update of the program. Mr. Weeks explained that the day work/activity program is housed at W.E. Hunt Community Center. On weekdays, approximately 19 adults with mental retardation and/or some physical disabilities attend the program that strengthens their social, living, work and coordination skills. The program is available to provide services needed by local businesses or companies. The clients of the center can perform many office-related tasks, such as stuffing envelopes, applying stick-on address labels to bulk mailings and some assembly work.

No action was requested nor taken.



6. Consent Agenda - Commissioner Martin moved that all items on the Consent Agenda be approved. Commissioner Womble seconded the motion, which carried unanimously and affected the following actions:

6a. Resolution 99-4 - Resolution 99-4 approving the Town of Holly Springs Fire Department to serve within the city limits was adopted. A copy of Resolution 99-4 is incorporated into these minutes as an addendum page.

6b. Resolution 99-5 - Resolution 99-5 authorizing and providing for the issuance of $8,616,900 General Obligation Bonds Anticipation Notes for water, sewer and recreation facilities was adopted. This resolution relates to the 1995 bond referendum. A copy of the text of Resolution 99-5 is incorporated into these minutes as addendum pages.

6c. Resolution 99-6 - Resolution 99-6, an equal employment and procurement plan resolution for the FY 98 Community Development Program, was adopted. A copy of the text of Resolution 99-6 is incorporated into these minutes as an addendum page.

6d. Economic Development Website - The Town entered into an agreement with Anderson Associates for design of a Holly Springs website devoted to meeting the Town's economic development/promotional/information dissemination needs. The cost of this agreement is not to exceed $5,000. A copy of the text of this agreement is incorporated into these minutes as addendum pages.

6e. WTCC Math Class - The Board entered into a contract with Wake Technical Community College for the provision of math review classes for employees. The cost of this contract is about $400 and is included in the budget. A copy of this agreement is incorporated into these minutes as addendum pages.

6f. Triangle J Technical Team - Don Mizelle was appointed to serve on a technical advisory team of staff planning professionals being formed by Triangle J Council of Governments to support a committee of voting members of its new Smart Growth Committee.

6g. Public Hearing - A public hearing date of March 2 was set to receive input from the public on proposed new parking standards.

6h. Minutes - Minutes of the Board's regular meeting held Feb. 2, 1999 were approved.



7a. Director of Engineering:

Action: Commissioner Sack moved that the class specification for the position of Director of Engineering be approved with a corresponding grade assignment of 31 and with no change in the current position holder's salary. Commissioner Dolle seconded the motion, which carried unanimously. A copy of this class specification is incorporated into these minutes as addendum pages.



7b. SCADA:

Action: Commissioner Martin moved that the Board approve a proposal from The Wooten Company for design of a SCADA system within the wastewater treatment system. Commissioner Sack seconded the motion, which carried unanimously. A copy of this proposal is incorporated into these minutes as addendum pages.



8a. Waterline on Ballentine:

Action: Commissioner Martin moved that the Mayor be authorized to enter on behalf of the Town into a developer agreement between the Town and S.O.L. Inc. for the installation of waterline along Ballentine Street under the Hwy. 55 Bypass in exchange for fee credits on the Townhomes at Avent Acres development. Commissioner Sack seconded the motion, which carried unanimously. A copy of this developer agreement, when written and signed, will be filed in the Town Clerk's office.



8b. W.E. Hunt Center Feasibility Study - Mr. Bradley refreshed the Board's memory of directives given last year to perform certain cosmetic improvements on the W.E. Hunt Community Center. Most of those improvements have been completed, he reported. Mr. Bradley then explained that during the Board's earlier discussions of the building, he was asked to return to the Board in the future with a proposal for a feasibility study to be conducted that would make suggestions or provide the Town direction as to future renovations.

Mr. Bradley explained that he had secured a proposal from Davis Kane architect, who has worked with Wake County Public School System on similar projects within the school system. The cost of the proposal was $8,500. Mr. Bradley explained that the purpose of the proposal was simply to provide a ballpark figure with which the Town could refer in planning for an actual feasibility study in a future budget

Commissioners discussed how a feasibility study would be a good first step at determining the future of the building.

There would be two parts to the feasibility study, Mr. Bradley said. One part would be to determine the lifespan of the building and the value of making renovations. The second part of the study, he said, would be to figure out what renovations would be needed and how to phase them in order to meet the Town's needs.

Mr. Bradley explained that he was not requesting that the Town enter into an agreement with Davis Kane, but was simply providing the proposal as an illustration of how much a feasibility study would cost. He stressed that the current condition of the building is sound and that it is currently meeting the needs of the Town.

Commissioner Sack agreed with Mr. Bradley that the Board could use the figure provided by Kane for budgeting purposes in FY 1999-00.

Action: Commissioner Sack moved that this item be tabled and that the Board would provide Mr. Bradley direction later on whether or not to proceed with having a feasibility study conducted on the building. Commissioner Womble seconded the motion, which carried unanimously.



8c. 1999 Bond Referendum - Mr. Pearson explained that to begin the process of authorizing a 1999 Town bond referendum to fund $8.1 million in water improvements and $1 million in economic development / downtown revitalization projects, the Town Board should adopt an "Own Words Resolution." Resolution 99-7, a proposed "Own Words Resolution," details in the Town's own words how much money would be spent and on what projects it would be spent if a referendum is successful. The resolution also sets out how the Town would repay the debt.

Mayor Holleman explained that the Town is facing a maximum cost of $8.1 million for a water project to draw water from Harnett County. Also, he said, the Town is exploring a downtown revitalization program involving the Edwin Mims home. The cost of this program could be as much as $1 million. Mayor Holleman explained that the Town did not anticipate having to raise taxes or water rates to defray the debt.

Action: Commissioner Sack moved that Resolution 99-7, an Own Words Resolution detailing the Town's need for up to $8.1 million for water system improvements and up to $1 million in bonds for economic development/downtown revitalization, be adopted. Commissioner Dolle seconded the motion, which carried unanimously. A copy of Resolution 99-7 is incorporated into these minutes as addendum pages.



At this time, Mayor Holleman asked that an item, confirmation of Commissioner Dolle's appointment as Town Manager, be added to the agenda.

Action: Commissioner Sack moved that the item be added. Commissioner Womble seconded the motion, which carried unanimously.

At this time, Commissioner Dolle asked to be excused from the Board.

Action: Commissioner Sack moved that Commissioner Dolle be excused. Commissioner Martin seconded the motion, which carried unanimously.

Action: Commissioner Sack moved that the Town Board appoint James E. Dolle as Town Manager for the Town of Holly Springs, pursuant to a contract between Mr. Dolle and the Town, setting a salary of $60,633 or Grade 37, Step 5. Commissioner Martin seconded the motion.

During discussion, Commissioner Dickson said he was going to vote against the motion because, as he had stated in newsprint, he was not comfortable with appointing a member of the Board to this position because of how it would look. He also said he did not feel the selection process was complete since only three candidates were interviewed.

Vote: The motion carried, 3-1. Commissioners Sack, Martin and Womble voted for. Commissioner Dickson voted against.



8d. Board Vacancy - Mr. Pearson explained that the General Statutes clearly state that a vacancy on the Board shall be filled by appointment of the Board. He added, however, that there is no mechanism in the General Statutes that addresses what would happen if the Board were to keep the seat open.

Commissioner Sack said he felt the position should be left open because a person appointed to the Board at this time might have an unfair advantage over other candidates during the next election. He said he felt the Board should proceed with a vacancy until the seat is filled by a vote of the people in November.

Mr. Jessup mentioned that the City of Carbarro faced a similar situation when a vacancy on that Town's Board occurred. He said the Carbarro Board had the same concern and decided in the end to appoint a citizen who indicated that he/she would not be a candidate in the next election. This eliminated the possibility that a person would gain an advantage over another citizen running for the seat in November.

Commissioners expressed varying viewpoints on this question.

Following discussion, Commissioner Dolle asked to be excused from the vote.

Action: Commissioner Dickson moved that Commissioner Dolle be excused. Commissioner Martin seconded the motion, which carried unanimously.

Action: Commissioner Dickson moved that the vacancy created by the resignation of Commissioner Dolle be filled upon his resignation by appointment of the Board from among members of the public who are interested in serving. There was no second to this motion.

There was some discussion.

Mayor Holleman suggested that the board members think about it some more.

The item was tabled.



9. Other Business:

9a. Appointment to Triangle J Smart Growth Committee - Commissioner Womble moved that Commissioner Ken Martin be appointed to the Triangle J Council of Governments Smart Growth Committee as a voting representative of Holly Springs. Commissioner Dickson seconded the motion, which carried unanimously.

Commissioner Martin said he would attend the first organizational meeting of the committee and then determine if he would be able to fulfill the obligation of the committee. He said if he felt he could, he would serve.



10. Mayor's Report - None that resulted in action or directives to staff.

11. Commissioners Reports - Commissioners offered the following reports:

Commissioner Dickson - Commissioner Dickson said he felt that a website devoted to economic development and promotion of the Town to potential industry/business was a good thing. He said he attended a recent CP&L open house and was impressed with the staff's knowledge of the nuclear plant. He commented on Wake County's plan for southwestern Wake County.



Commissioner Dolle - Commissioner Dolle underscored the criticality of an upcoming bond referendum. He reminded the public that the total amount requested in the referendum could actually be less than the $9.1 million that is anticipated.



Commissioner Womble - Commissioner Womble expressed the hope that the Town could invest in property while it is still available and affordable for future development of schools.



Commissioner Martin - Commissioner Martin reported that the Town of Holly Springs hosted a recent Wake County Economic Development Committee meeting, and he commended the Planning and Development staff for their work in putting the meeting together. He also reported that Troy Davis and family are happy and settled into their new home.



Commissioner Sack - Commissioner Sack echoed Commissioner Dolle's comments about how important the upcoming bond referendum will be to secure the Town's future water supply. He explained that the Town also was pursuing alternative funding sources in an effort to keep the total bond need down to a minimum.



12. Closed Session - Commissioner Sack moved that the Board recess for 10 minutes before reconvening in Closed Session for the purpose of holding discussions appropriate to the Closed Session Exception in the General Statutes. Commissioner Womble seconded the motion, which carried unanimously.

Action Taken in Closed Session:

1. Commissioner Sack moved that the Board return to Open Session. Commissioner Martin seconded the motion, which carried unanimously.

A General Account of the Closed Session follows.



General Account of Closed Session 2/16/99

In Closed Session, the Board discussed two zoning regulation-related subjects, specific to business expansions.

The Board discussed with the Town Attorney three zoning violation issues that are the subject of potential litigation. The Board gave direction to staff as to how to handle each zoning issue.

Mrs. Sudano and Mr. Pearson addressed the Board to report on property acquisition related to capital projects of the Town. The Board gave settlement authority of $20,000 on one piece of property needed for a booster pump station for the Raleigh/Holly Springs waterline.

The Board directed staff to negotiate compensation to property owners who hold land needed for sewer easements in the Bass Lake area.

The Board discussed with the Town Attorney the subject of the group homes on Avent Ferry Road. The Board gave direction as to how to proceed: enlist the aid of enforcement agencies and provide them material evidence by way of a letter to state agencies.

- End of General Account



Action Taken Upon Return to Open Session:

1. None.

13. Adjournment - There being no further business for the evening, the Holly Springs Board of Commissioners meeting of Feb. 16, 1999 was adjourned at 10:37 p.m. following a motion by Commissioner Womble, a second by Commissioner Martin and a unanimous vote.



Respectfully Submitted on Tuesday, March 2, 1999







__________________________________

Joni Smith, CMC

Town Clerk

Addendum pages, as referenced in these minutes, follow and are a part of the official record of this meeting.