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Town of Holly Springs Board of Commissioners Special Meeting Thursday, April 15, 1999 MINUTES The Holly Springs Town Board of Commissioners met in a duly-called Special Meeting at 7 p.m. Thursday, April 15, 1999 for the purpose of holding conference with the Town's attorney on the subject of the South Wake Landfill. The meeting was held in the meeting chambers of Town Hall, located at 128 S. Main St. Mayor Gerald W. Holleman presided, calling the meeting to order at 7:20 p.m. A quorum was established as the mayor and three board members were present as the meeting opened. There is a vacancy on the Board of Commissioners at this time. Board Members Present: Commissioners Hank Dickson, Parrish Womble, Tim Sack and Mayor Holleman. Board Members Absent: Commissioner Martin Staff Members Present: Jim Dolle, town manager; Ernest C. Pearson, town attorney; and Joni Smith, town clerk (recording the minutes). Also present was Laurie Gengo, an environmental attorney with Mr. Pearson's law firm of Sanford-Holshouser. Mr. Pearson reviewed the situation facing Holly Springs following the State's issuance of a permit to Wake County for the South Wake Landfill. Mr. Pearson recalled how the Town Board weighed critical factors in its decision not to pursue litigation against Wake County in challenge of the permit: the cost, slim chances of success and endangerment of the Town's intergovernmental relations with Wake County. Mr. Pearson then related how Wake County petitioned for appeal of one of the permit's conditions that the County would have to repeat the entire process to obtain a new permit if, for some reason, the Hwy. 55 Bypass is not constructed on schedule and cannot provide access to the landfill operation. This concerned the Town, Mr. Pearson said, because the Town is firm in its belief that the only access to the property should be the Bypass. On April 6, the Town Board directed the Town Attorney to investigate the exact nature of Wake County's petition and to make recommendations as to appropriate responses. Mr. Pearson said he learned that Wake County's point of contention is not the condition that the Bypass must serve as access, but the phrase in the condition that would require Wake County to repeat the permitting process if construction of the Bypass is delayed. County officials, Mr. Pearson said, would agree to an amendment of the condition that would still require access via the Bypass but would also allow Wake County to have its permit modified if the Bypass project falls behind schedule. Mr. Pearson pointed out that there are no indications that the Bypass project will be delayed; however, Wake County is preparing for that eventuality. If the Bypass project is delayed, Wake County would like to be able to apply for a permit modification to allow another temporary access to the property until the Bypass is completed. Mr. Pearson recommended that the Town file a motion to intervene as an interested party so that the Town could protect its interests in proceedings. He said such a legal maneuver would not be detrimental to relations with Wake County and would not cost a significant amount of money. With the motion to intervene filed, the Town would have the right to be heard. If Wake County is successful in getting the condition of its permit amended, and if the Bypass falls behind schedule and Wake County applies for a permit modification, the Town would have an opportunity to protect its interests, Mr. Pearson said. Action: Commissioner Sack moved that the Town file a motion to intervene as a friend of the court in the matter of County of Wake vs. North Carolina Department of Environment and Natural Resources, Division of Waste Management. Commissioner Dickson seconded the motion, which carried unanimously. A copy of this motion, which was filed on April 16, 1999, is incorporated into these minutes as addendum pages. Adjournment - There being no further business for the evening, the Holly Springs Board of Commissioners special meeting of April 15, 1999 was adjourned at 7:40 p.m. following a motion by Commissioner Womble, a second by Commissioner Dickson and a unanimous vote. Respectfully Submitted on Tuesday, May 18, 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. |