Town of Holly Springs

Board of Commissioners Special Meeting

Wednesday, June 23, 1999

(Continued from June 15, 1999)



MINUTES



The Holly Springs Town Board of Commissioners met in continued session on Wednesday, June 23, 1999 in the Town Board meeting chambers, located in Town Hall, 128 S. Main St. This was a continuation of a meeting convened on Tuesday, June 15, 1999. Mayor Gerald W. Holleman presided, calling the meeting to order at 7:43 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, Bill Banks, Parrish Womble, Ken Martin, Tim Sack and Mayor Holleman.



Board Members Absent: None.



Staff Members Present: Ernest C. Pearson, town attorney (recording the minutes); Don Mizelle, director of planning; and Cecil Parker, chief of public safety.



15a. Fuquay-Varina Annexation Agreement - Commissioner Banks moved that a public hearing date of July 6, 1999 be set to receive input on a proposed annexation agreement between the Towns of Fuquay-Varina and Holly Springs. Commissioner Martin seconded the motion, which carried unanimously.



15b. Water Purchase Contract - This item was deferred for action and discussion at a later date.



15c. Wendy's Site - Mr. Mizelle explained that this site plan has been submitted for the Kenney commercial site at the corner of Hwy. 55 and New Hill Road. The plan, he said meet with approval of staff. He pointed out that the architecture of the restaurant has been modified at the staff's request, to meet the goals set out by the Holly Springs Comprehenisve Plan. The Planning Board has reviewed the site plan and recommends approval, Mr. Mizelle said.

A spokesman of the restaurant addressed the Board, giving an overview of the site plan, which features extensive landscaping.

Board discussion centered around traffic patterns and aesthetics of the building.

Action: Commissioner Sack moved that the site plan for Wendy's restaurant be approved. Commissioner Martin seconded the motion, which carried unanimously.



15d. WWTP Personnel - Mr. Dolle had recommended a 2.5% salary increase for all members of the Public Utilities Department staff. Commissioner Banks said he was concerned at the Town Board's making a budget amendment so soon after the budget was adopted. He also had concerns about the wiseness of granting merit salary increases to one department without a process in place.

No action was taken.



15e. Firetruck - At this time, Mayor Holleman added an item to the agenda at the request of Chief Parker. Chief Parker explained that the Town Manager already had approved his request to sell a surplus fire engine to the Town of Surf City. He explained that the sale was to be finalized in July; however, due to Department of Insurance rules, the Town of Surf City is asking the Town of Holly Springs to expedite the sale of the property.

Chief Parker requested that the Town Board declare a 1974 Ford/Bean fire engine as surplus property so that he coudl sell the vehicle, valued at $5,000, to the Town of Surf City for that price.

Action: Commissioner Womble moved that the 1974 Ford/Bean fire engine, less equipment, be declared surplus to the needs of the Town and disposed of by sale to the Town of Surf City Fire Department. Commissioner Martin seconded the motion, which carried unanimously.

15f. Town Manager Position - Commissioner Womble moved that the Town advertise the vacancy and launch a search for a new town manager. Commissioner Sack seconded the motion, which carried unanimously.



15g. Water Customer - At this time, Commissioner Sack brought before the Board a request from a resident who pleads relief from a water violation fine of $75. The resident said he was out of town for two weeks and did not know of new restrictions that were imposed. He provided documentation as to his whereabouts that supported his assertion that he was unaware that his automatic sprinkler system (which is timed to operate on the odd/even schedule) was coming on in violation of the "only hand-watering" restrictions that were imposed the day after the resident left town for two weeks.

Commissioner Dickson said he felt this was a decision for the town manager to make, not the Board.

No action was taken, but the consensus of the Board was that the fine should be waived at the discretion of the town manager.



At this time, Lesli Doarhees asked to address the Board regarding the South Wake Landfill.

Mrs. Doarhees pointed out her concern for the preservation of trees on the site.

No action was taken.



16. Closed Session - Commissioner Martin moved that the Board enter into Closed Session to discuss matters eligible for deliberation in Closed Session. Commissioner Sack seconded the motion, which carried unanimously.



General Account of Closed Session 6/23/99:

In Closed Session, the Board discussed a proposed settlement revision of Paragraph No. 15 of the South Wake Landfill permit language that is being appealed by Wake County; the Town Attorney gave a report on this, and Mayor Holleman suggested that he draft a letter to Wake County asking for concessions, such as tipping fees for the Town.

Direction Given: For Mayor to author letter to Wake County requesting benefits for the Town.

Also in Closed Session, the Board discussed with the Town Attorney a legal matter in which the Town apparently collected $18,000 in transportation fees at Arbor Creek Development. The Town, however, did not require payment of these fees, and the error was created in a private contract between two builders. The developer of Arbor Creek is willing to selling this issue with a refund of $15,000.

Action: Commissioner Womble moved that the Board reenter Open Session. Commissioner Sack seconded the motion, which carried unanimously.

- End of General Account



In Open Session, the following action was taken:

Commissioner Womble moved to accept a settle agreement and enter an indemnification agreement with Eric Tillett for an amount of $15,000 or less. Commissioner Sack seconded the motion, which carried unanimously. A copy of the indemnification agreement is incorporated into these minutes.



17. Adjournment - There being no further business for the evening, the holly Springs Board of Commissioners meeting of June 15, 1999 and continued to Wednesday, June 23, 1999 was adjourned following a motion at 9:23 p.m. by Commissioner Sack, a second by Commissioner Martin and a unanimous vote.



Respectfully Submitted on Tuesday, Aug. 3, 1999 by:











_________________________________________

Joni Powell, CMC

(From notes taken by Ernest C. Pearson, town attorney)

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