Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, Aug. 17, 1999

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Aug. 17, 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 7:33 p.m. A quorum was established as the mayor and all five board members were present as the meeting opened.

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

Board Members Absent: None.

Staff Members Present: Ernest C. Pearson, town attorney; Richard B. Self, town manager; Joni Powell, town clerk (recording the minutes); Don Mizelle, planning director; Jennifer Carr, director of community development; Len Bradley, parks and recreation director; Cecil Parker, chief of public safety; Stephanie Sudano, director of engineering; and Beth Sarkisian, of the planning department. Also, staff member Pat Whitaker was present, on behalf of the Holly Springs Coalition for Youth and Families.

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

At this time, Mayor Holleman addressed the Board, informing members that the Town's planning director, Don Mizelle, is resigning his position to take a job in the private sector. He expressed his regret at losing a valued staff member, but also offered Mr. Mizelle congratulations on his new opportunity.

Mayor Holleman also announced that Holly Springs Elementary School Principal Claude Willie has been transferred to West Lake.

4a. Public Hearing: Rezoning Petition 99-R-11 - Mrs. Carr explained that this rezoning petition is filed for land totaling .62 acres located on Bass Lake Road. The property is currently zoned Traditional Neighborhood (TN), and the applicant is requesting R-10, she said. An R-10 zone allows residential lots of 10,000 square feet as well as other residential uses. Mrs. Carr reported that an R-10 zone would be consistent with the Comprehensive Growth Plan. In addition, the surrounding properties are developed at R-10 standards.

Mrs. Carr explained that the Planning Board had reviewed the petition and recommends approval of the petition when action is requested later in the meeting.

With that explanation completed, Mayor Holleman opened the public hearing, and the following comments were recorded:

In Favor: Stephanie Norris, Spaulding Engineering -- Mrs. Norris, speaking on behalf of the petitioner, addressed the Board to let members know she was available to answer any questions about the petition. There were no questions.

Opposed: None.

There being no further comments offered, Mayor Holleman closed the public hearing.

4b. Public Hearing: Rezoning Petition 99-R-12 - Mrs. Carr explained that this petition is filed by Bill Jenkins and requests that 6.4 acres of land be rezoned from R-15 to Commercial. The property is located on NC 55, across from Third Street and the Wendy's site. Mrs. Carr said the CGP designates this site as commercial, and several parcels surrounding the site are either in use as commercial or are zoned C-1.

Mrs. Carr reported that the Planning Board has reviewed the petition and recommends approval when action is requested later in the agenda.

With that explanation completed, Mayor Holleman opened the public hearing, and the following comments were recorded.

In Favor: Tom Spaulding of Spaulding Engineering - Mr. Spaulding spoke, representing the petitioner. He reminded the Board and audience that the question before the public hearing is one of rezoning, and not the site plan for a proposed use of the property. As for the zoning classification requested, Mr. Spaulding said it was an appropriate zone as the property fronts Hwy. 55, a planned commercial corridor. At one time, he said, this property was zoned commercial because it was situated in an highway overlay district. When other means of establishing commercial districts were adopted by the Board, the highway overlay district was removed, leaving the underlying residential zone.

He stressed that no site plan has been submitted for the property at this time, but he felt that any of the uses allowed in a commercial zone were appropriate for this tract.

Opposed: Larry O'Neal, 412 Trinidad Ct. -- Mr. O'Neal said he was against the property's being developed as proposed (possibly a car dealership). He said he felt there were more suitable parcels in town that would lend themselves to a car dealership. He said he did not feel a car dealership was an appropriate business to be located close to residential property. He said it would not be in the best interest of residents of Windward Pointe.

Lee Sykes, 153 Holly Springs Road - Mr. Sykes said he would like to review a site plan for the property before the rezoning question is settled. He asked why the process did not allow discussion of the site plan.

Paul Mahoney, 425 Cayman Ave. - Mr. Mahoney said he was opposed to the rezoning. He said he likes the village atmosphere the Town is striving for downtown, but does not think a car dealership would fit that image.

Dennis DeGratis, 409 Trinidad Ct. - Mr. DeGratis is opposed. He said he has a problem with a process that does not allow discussion of the proposed land use when rezoning is the question. He said he has a problem with the proposal of a car dealership at that location.

Julie Anderson, 620 St. Vincent Dr. - Mrs. Anderson is opposed. She said she likes the downtown village atmosphere, but feels this parcel is too close to downtown to be zoned straight commercial. She said a village would not have fast food or car dealerships. She said everyone knew for what use the rezoning is (car dealership). She said she knows Hwy. 55 is planned to be a commercial corridor, but she urged commissioners to think about the specific uses that would be placed there and to consider how people living around the properties would be affected.

John Schifano, 413 Arbor Creek Dr. - Mr. Schifano is opposed. He said he knows that the Board cannot consider the specific use of the site, but feels that this sets up a slippery slope that cannot be stopped in future phases of the process. He said a car dealership is planned, and if the rezoning is approved, then the momentum is set for the site plan, too, to be approved. He said a car dealership is a better suited use for the outskirts of a town.

Tammy Lack, 400 St. Kitts Ct. - Mrs. Lack is opposed. She urged the Board to not rezone the property and to not allow its development at all. She likes it as woods because her children play there. She said she wanted the Board to keep her woods behind her house.

Rick Comer, 400 Trinidad Ct. - Mr. Comer is opposed. He said his yard backs up to this property. He said he does not like any of the possibilities of development that exist with a commercial zone. He told the Board that there was lots of opposition in the room, and he asked that the members support the opposition's position.

Pat Anderson, 620 St. Vincent Dr. - Mr. Anderson said he understands the General Statutes prohibit considering a site plan in cases of rezoning, but he suggested that the Board ask to see the development plan before a decision is made on the rezoning. He said he felt that would result in a more open process. He encouraged the Board to deny the petition until members see the proposed site plan, even if that would be contrary to state laws.

Greg Brown, 100 Uphill Ct. - Mr. Brown said he is opposed to the rezoning petition. He said he thinks the Board is in a position to set precedent and he asked members to consider the use before granting rezoning.

Anne Mackey - 401 Cayman Ave. - Mrs. Mackey is opposed to the rezoning based on the proposed use of the property. She said she feels traffic on Cayman Ave. and Hwy. 55 would be aggravated by a car dealership as test drives would possibly use Cayman Ave. She also said car dealerships often have loud system paging and security lights that would adversely impact the neighboring property owners. She said she had concerns about drainage if the property is developed, and she added that she felt that a car dealership would not add to an attractive entrance for the Town.

Jim Reid, 408 Cayman Ave. - Mr. Reid is opposed to the request for rezoning. He said he doesn't think a car dealership would be attractive and that another type of development would be more suitable.

Don Baxter, 701 Bahama Ct. - Mr. Baxter is opposed to the rezoning petition. He said he does not believe the location lends itself to a car dealership but would be more appropriate for a village-type of business. He said the Town should be selective about what develops on the property. He also suggested that it would be better, in his opinion, if the property were not developed at all.

Sheila Knurowski, 328 Cayman Ave. -- Prior to the meeting, resident Sheila Knurowski requested that her faxed letter be entered into the record in opposition to the rezoning petition. Mrs. Knurowski said she was opposed to the rezoning because of the proposed use as a car dealership. She said she believes the added commercial tax base would be negated by the bright lights, increased traffic through her neighborhood, noise pollution, environmental pollution and vandalism posed by the development of a car dealership. A copy of Mrs. Knurowski's letter is incorporated into these minutes as an addendum page.

There being no further comments, Mayor Holleman closed the public hearing.

4c. Public Hearing: Rezoning Petition 99-R-13 - Mr. Mizelle explained that the property proposed for this rezoning totals 19.6 acres and is currently zoned R-20. The petitioner requests a zoning classification of C-1 (commercial) for a portion of the property, which is located in the Town's extraterritorial jurisdiction. A C-1 zoning designation would be in accordance with the Town's Comprehensive Growth Plan, Mr. Mizelle said.

Mr. Mizelle reported that the Planning Board has reviewed the petition and determined that the petition does conform to the Comprehensive Growth Plan for the intersection of Cass Holt and Avent Ferry Roads, but only for the front 4.5 acres. The Planning Board recommends approval when action is requested later in the agenda for that portion of the total, he said.

With that explanation completed, Mayor Holleman opened the public hearing, and the following comments were offered:

In Favor: Steve Johnson, representing the applicant -- Mr. Johnson said the developer has no specific plans as of yet for the type of business that would be located on the site, if it were to be rezoned. He added that the developer is requesting that slightly more than 4.5 acres would be approved for the rezoning. He suggested that front third of the property, or about 6 acres be rezoned to commercial.

Opposed: Steve Doares, 316 W. Elm Ave. - Mr. Doares is opposed to the rezoning request. He said he is frustrated by the process because the public does not know the intended use of the property. He pointed out that Avent Ferry is a narrow road and that a business in this area would impact traffic there.

There being no further comments, Mayor Holleman closed the public hearing.

4d. Public Hearing: 99-SUP-08 - Mr. Mizelle explained that in this public hearing, sworn testimony will be accepted addressing the six general conditions of the Town Code that all special uses must satisfy.

He explained that the SUP application is filed by Public Service of North Carolina, which requests that a portion of the Cardinal Extension site on Holly Springs Road be allowed to accommodate a gas metering station for PSNC. On the approved Special Use Permit for Cardinal, a space was left for PSNC with the condition a separate be SUP be issued, Mr. Mizelle said.

A condition of the SUP site plan submitted by PSNC is that no part of the Cardinal plan be amended; therefore, no new drives nor disturbances in the buffers will be allowed. This site will be totally contained within the Cardinal site.

Mr. Mizelle reported that the Planning Board has reviewed the application and recommends approval, pending testimony received during the public hearing.

Pursuant to Holly Springs Town Code Part 9, Chapter 4050.1, the following are the Six General Conditions that all Special Uses must meet:

(A) That all Specific Conditions have been or will be satisfied. (In this case, there are no Specific Conditions required by Town Code.)

(B) That access roads or entrance and exit drives will be sufficient in size and properly located to ensure motorist and pedestrian safety and convenience; that traffic flow and speed will be controlled within the project; and there is adequate emergency access in case of fire or other emergency.

(C) That service areas (off-street parking, loading, refuse areas, etc.) are located so as to be safe and convenient; that these areas do not block emergency access to buildings; and that these service areas are situated so as to minimize glare, odor, economic or other impacts on adjoining properties and the general neighborhood.

(D) That utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the proposed use.

(E) That the location and arrangement of the use on the site, screening, buffering, landscaping and pedestrian ways harmonize with adjoining properties and the general area and minimize adverse impacts.

(F) That the type, size and intensity of the proposed use, including such considerations as the hours of operation and numbers of people who are likely to utilize or be attracted to the use, will not have significant adverse impacts on adjoining properties or the neighborhood.

With that explanation completed, Mayor Holleman opened the public hearing to accept testimony from witnesses, who were administered the oath by the Town Clerk. The following witnesses were heard:

Danny Smith, PSNC - Mr. Smith explained that the facilities would take between four and five weeks to construct and will be needed for this winter. He advised the Board that he was informed just this morning of a problem with the clearing contractor, who cleared too many trees from the site for Cardinal. He reported that representatives of Cardinal Extension Company have met with Town staff and are working on a new vegetation plan, which Mr. Smith believes will be sufficient to meet conditions of Special Use Permit (90% buffer).

Linda Harris, PSNC - Mrs. Harris told the Board that PSNC has 8,000 new customers in the Raleigh region. Of the Raleigh division, Holly Springs, Cary, Apex and Fuquay-Varina are fastest growing areas. She said the gas metering station at this location is a critical element in order for PSNC to meet the needs of its customers.

Reed Crane, PSNC - Mr. Crane advised the Board of Commissioners that he is in charge of the design of the facility. He explained that PSNC has partnered with other gas companies and that the station PSNC is planning to build is an important part of the gas delivery system. He said the station has to be located at this site because it is an advantageous point on a high pressure line.

Mr. Smith - At this time, Mr. Smith requested that PSNC's Special Use Permit application addressing the six general conditions, the preliminary plan for the site and architectural drawings be entered into the record as testimony that the application would satisfy the six general conditions. He further explained that the use on the site would be a natural gas metering station for Public Service of North Carolina.

The Special Use Permit Application (#99-SUP-08) and reduced drawings of the preliminary plan for the site are incorporated into this record as addendum pages to these minutes. The architectural drawings are on file in the Town Planning and Community Development Department, and are incorporated, by reference, into these minutes.

There being no further witnesses to testify, Mayor Holleman closed the public hearing.

5a. HSDC Communication - Holly Springs Development Corporation board member Joanna Kutler and design consultant Joe Hakan unveiled the group's plans for the new downtown center. The plan features a sweeping renovation of the current Town Hall property and surrounding roadways and sidewalks. The purpose of the renovation would be to provide citizens with a picturesque, yet functional, downtown area that would serve as a pleasing centerpiece for the community. In addition, the improvements made to the existing Town Hall property and surrounding public ways would encourage similar preservation and renovations of neighboring properties.

The cost of the project is estimated to be around $1 million. An earlier plan, which was more ambitious, was projected to cost $6 million. Members of the HSDC who have been working on the project feel that this new plan is much more cost effective and economically feasible for the Town.

According to this plan, the Town would construct a new Town Hall building at the corner of Ballentine Street and Hwy. 55 on the current property. The building envisioned is a two-story brick structure, designed in a traditional village business district style. An artist's renderings of this plan are on file at Town Hall and are available for viewing by the public.

At the close of the presentation, Jimmy Wright was invited to speak in regard to the Mims property, which is owned by his uncle, Edwin Mims. Mr. Wright said he liked the Town's idea of restoring and developing his uncle's historic home and surrounding property. Since the Town could not feasibly undertake the restoration of the property at this time, he said he would like to do so himself. He has selected developer Bob Stafford to do the project. Mr. Wright said the property will be restored and refurbished privately, but that it will provide what the Town was seeking in its original plan. He said the first phase of the project would be to restore the Mim's Drugstore property and that work has begun on that property.

Mr. Wright said he is very enthusiastic about the development plan and believes it will be beneficial to the Town.

No action requested. No action taken.

5b. HSCYF Communication - Mr. Alan Jones of the Holly Springs Coalition for Youth and Families addressed the Board, providing a brief description of the group and the work it is doing in the community. The Coalition, he said, is dedicated to assessing and meeting the needs of youth in Holly Springs.

Mr. Jones then provided the Board with ideas his group has in meeting its goals to ensure that all young people in Holly Springs have the opportunity to develop into healthy, mature, and promising adults.

No action requested. No action taken.

At this time, 9:20 p.m., there was a short recess.

6. Public Comments - At this time, the Board allowed comments from the audience regarding issues of concern that were not on the night's agenda. The following comments were offered (some relating to an item listed on the agenda).

6a. Jim Martz - Mr. Martz said he lives across the street from the new Sonic restaurant. He asked that "No Parking" and "No Standing" signs be installed. He expressed distress over the neon lighting of the restaurant, noise from a refrigeration trailer that has been situated there, that the Sonic was allowed to open before the Hwy. 55 access was constructed, and the absence of a six-foot berm he believed would be installed. He reported to the Board that cars park on Cayman and Guadalupe and on his front lawn to get to the restaurant. He said the barrels have been knocked down.

6b. Sheryl Bauer - Mrs. Bauer asked that "No Parking" and "No Standing" signs be erected on Cayman Avenue. She said a stoplight at the intersection of Cayman and Hwy. 55 would be good, too.

6c. Don Baxter, 701 Bahama Ct. - Mr. Baxter reported that the Holly Springs Chamber of Commerce was interested in putting together a time capsule in preparation of Year 2000.

6d. Larry O'Neal, 412 Trinidad Ct. - Mr. O'Neal reiterated previous comments regarding the installation of "No Parking" signs on Cayman Avenue. He said the signs would be less unsightly than the barrels, which have been erected as a temporary measure.

6e. Pat Berry, 709 Guadalupe Ct. - Mr. Berry reiterated previous comments regarding the installation of "No Parking" signs. He said it would be important that signs address the "No Standing" element, too. He said when the Sonic lot is completely full, motorists wait in line in the travel lane in order to get into the Sonic lot. Mr. Berry pointed out that some of the congestion that is being created is because Cayman Avenue is the only entrance to Sonic. He asked what happened to the Hwy. 55 entrance.

(There was some confusion as to the intent/meaning of "No Standing." The "No Standing" refers to cars waiting in the street, not to pedestrians standing on the sidewalk).

6f. Rhonda Stewart, 732 Bahama Ct. - Mrs. Stewart asked about the status of the sidewalk that is shown on the site plan.

Prior to the meeting, Commissioners were forward copies of letters sent by residents Tyler and Ann Marie Waters, 605 Cayman Ave., Jennifer Pratt, 609 Cayman Ave. and Shelia Knorowski, 328 Cayman Ave. The residents requested that their letters be entered into the record as communications to the Board on the subject of traffic counts and speeds along Cayman Avenue since the Sonic restaurant opened. Those letters are incorporated into these minutes as addendum pages.

No action taken at this time. (The Sonic issue is a later agenda item).

7. Agenda Adjustment - Commissioner Martin moved that the meeting agenda for Aug. 17, 1999 be adopted with the following changes, if any. Commissioner Banks seconded the motion, which carried unanimously.

Items Added: None.

Items Removed from Consent Agenda: None.

8a. Rezoning Petition 99-R-11 - Commissioner Martin moved that Rezoning Petition 99-R-11 requesting R-10 zoning for .622 acres located west of Bass Lake Road and south of Earp Street be approved. Commissioner Dickson seconded the motion, which carried unanimously.

8b. Rezoning Petition 99-R-12 - Commissioner Dickson admitted that the Town Board can consider only the zoning of a piece of property and is not allowed by law to be site-specific; however, he said he felt several of the allowable uses in a commercial district bother him. He pointed out that the Village Business District ends at Holly Springs Road, but that leaves a rough transition into the Highway Commercial corridor on Hwy. 55. He said he would support a hybrid form of new commercial zone for an area extending from Holly Springs Road to some point northward on Hwy. 55.

Commissioner Sack pointed out that the 10-year Comprehensive Growth Plan has set a commercial strip along both sides of Hwy. 55 at that location. He said if the Board were just considering the commercial question, he would be inclined to follow the guide of the CGP; however, he said he is concerned that the type of development that is planned is a car dealership.

Commissioner Sack said he did not believe a car dealership is the type of commercial property that should go in that location. He said the only way the Town can keep the property from being developed by this petitioner as a car dealership would be to deny the request for commercial zoning.

Commissioner Sack added that he wanted it on record that he is in favor of the property's being zoned commercial because all sides of the site are commercial in nature. A commercial zone is the best district for the property, but he is not in favor of rezoning as such at this time.

Commissioner Banks said he has a problem with the legality of denying a rezoning petition based on site-specific information. He pointed out that the CGP calls for the area to be zoned commercial. He added that it has been designated for commercial development since 1984, prior to the development of Windward Pointe. He asked the Town Attorney what the Town's liability would be if it were to refuse to zone this site to commercial. He also pointed out that the Conditional Use Permit would be the mechanism for controlling the specific use of the site.

The Town Attorney agreed that the Conditional Use Permit would be the more appropriate mechanism that is in place to control development of a specific use on a site; however, he added that the Board had the authority to grant or deny the petition with no legal liability.

Commissioner Banks said he still had a problem with denying a rezoning petition when the zone requested was obviously what the Town intended the property to eventually be.

Commissioner Martin said he would be more comfortable if the Special Use Permit mechanism applied so that the Board of Commissioners would see and consider the site plan. Conditional Use Permits go before the Board of Adjustments, whose decision is final.

Action: Commissioner Womble moved to defer action on the petition until more information is provided. Commissioner Banks seconded the motion. The motion failed, 3-2. Commissioners Womble and Banks voted for. Commissioners Sack, Martin and Dickson voted against.

Action: Commissioner Dickson moved to deny Rezoning Petition 99-R-12. Commissioner Martin seconded the motion. The motion carried, 3-2. Commissioners Sack, Martin and Dickson voted for. Commissioners Womble and Banks voted against.

8c. Rezoning Petition 99-R-13 - Commissioner Banks asked if the Town has enough design standards in place to govern the development of commercial neighborhood nodes. Mr. Mizelle said that the Town did not at this time, but that they will be drafted in the near future. Mr. Mizelle further explained about the reduction of the petitioner's request. He said that the CGP calls for 4.5-to-5 acres on each side of the intersection to be designated for commercial development. The total request was for more property to be rezoned than what is called for on the CGP.

Action: Commissioner Martin moved that a Commercial Special Use District zoning classification be assigned to the 4.5 acres so that the Town Board can dictate conditions on the development of the property. Commissioner Sack seconded the motion, which carried unanimously.

8d. 99-SUP-08, Public Service of North Carolina - Commissioner Banks said he was disturbed by the mistake made in the clearing of trees. He said he thinks the Board should defer action on the issuance of a SUP to PSNC until the Town finds out how the company responsible for the clearing of too many trees is going to mitigate the destruction of the undisturbed buffer. He said the Board should let the plan for replacing the inadvertent removal of buffer come first before acting upon the SUP.

Mayor Holleman recommended that the SUP be approved with the condition that staff ensure that the replacement buffer is at least as good as it was or better and no less than providing a 90% or better screening of the property at installation.

Commissioner Sack said the loss of the trees cannot be undone, but that the original Special Use Permit (for Cardinal Extension) has the condition on it that there will be 90% screening of the property at installation.

Mayor Holleman said the condition should be that no Certificate of Occupancy will be issued until the 90% screening is provided.

The Board made findings of fact that General Conditions for a Special Use Permit would be satisfied pursuant to information contained in Special Use Permit Application 99-SUP-08, its related site plan and sworn testimony recorded during a public hearing (with the replacement of removed buffering).

Action: Commissioner Sack moved, Commissioner Bank seconded, and a unanimous vote followed to direct the following action: That Special Use Permit 99-SUP-08 be granted with the following additional conditions attached: (1) that the 20-plus feet of natural buffer that was inadvertently destroyed be replaced to Town staff's satisfaction with trees at least 8- to 10-feet tall and of as large a caliper available; (2) that additional landscaping be done as necessary to provide no less than a 90% screening of the property from Holly Springs Road before a Certificate of Occupancy is issued.

8e. "No Standing" and "No Parking" Signs on Cayman Ave. - Commissioner Dickson said he requested that this item be placed on the agenda at the request of residents who had complained to him. He said he feels "No Parking" signs should be erected to eliminate the possibility of motorist' parking on the sides of Cayman Avenue in order to use the Sonic.

He said he feels "No Standing" signs would eliminate the line of cars waiting to get into Sonic from Cayman Avenue.

Mr. Self reported to the Board that planning, egineering and public safety staff had reviewed Commissioner Dickson's proposal and visited the site at various times during the day and week. He said staff members came to the mutual conclusions that:

- the business just opened, and the "newness" of it will wane naturally in a short time, reducing foot and motor vehicle traffic.

- construction is still being done at the site, and more parking will be available when that activity is completed.

-- that the owner is currently using a large number of staff for training and that number will decrease and stabilize after training.

He reported to the Board that staff has placed construction barrels on both sides of Cayman Avenue to prevent on-street parking until things calm down. Also, a sidewalk study for the portion of property between Guadalupe and the Sonic site (property owned by the Windward Pointe Homeowners Association) was begun a few weeks ago to prepare for foot traffic. Results of that study will determine the cost of installation of a sidewalk.

Mr. Self added that the Sonic manager has agreed to ask his employees to park on-site or across the street at Oak Hall Shopping Center; however, this raises a safety issue for pedestrians crossing Hwy. 55 on foot to get to and from work.

Since the existing conditions are temporary in nature and because stop-gap measures have been taken that should alleviate the problem in the meantime, Mr. Self said his and staff's recommendation to the Board would be to take no action at this time, but to revisit the situation after construction is completed and the restaurant is open for a few weeks to see if the problems persist. Mr. Self said he felt like the situation would work itself out naturally.

Commissioner Dickson and his neighbors in Windward Pointe disagree.

Action: Commissioner Dickson moved that "No Parking" and "No Standing" signs be erected on Cayman Avenue from Hwy. 55 to Guadalupe. Commissioner Womble said he would go along with "No Parking" signs, but he felt that "No Standing" signs would be a confusing message and would actually serve to further impede traffic. Commissioner Dickson amended his motion to state only "No Parking" signs. Commissioner Womble seconded the motion, which carried unanimously.

In discussion, Chief Parker clarified for the Board the recommendation of the town manager and staff. He said that staff feels (and based its recommendation on the belief) that that "No Parking" signs would be just as temporary a solution to the problem of this intersection as the construction barrels are. He pointed out that a traffic light is the answer. Chief Parker said, "As police chief, I have to provide the very best solution to solve a problem, and 'No Parking' signs are a temporary solution, but not necessarily the best solution."

Commissioner Sack asked Chief Parker if congestion at the site and parking on the street was still a problem since Sonic had been open a few weeks. Chief Parker said he didn't believe so, but that residents seemed to think it was.

The Chief advised the Board and the audience, so that no one was caught unaware, that it takes between four and six weeks for signs to be ordered, delivered and installed.

9. Consent Agenda - All items on the Consent Agenda were approved following a motion by Commissioner Sack, a second by Commissioner Banks and a unanimous vote. The following actions were affected by the motion:

9a. Minutes -- Minutes of the Board's regular meetings held July 6, July 20 and Aug. 3, 1999 were approved.

9b. Budget Amendment, $15,000 - A budget ordinance amendment in the amount of $15,000 was adopted to facilitate a Board agreement entered on June 23, 1999 to refund transportation fees collected from a developer. The budget amendment is incorporated into these minutes as an addendum page.

9c. Budget Amendment, $313,580 - A budget ordinance amendment assigning funds from the sale of the Morton property to parks and recreation accounts was adopted. The budget amendment is incorporated into these minutes as an addendum page.

9d. Public Hearing - A public hearing date of Sept. 7, 1999 was set to receive sworn testimony regarding Special Use Permit 99-SUP-09 for MAKO trucking.

10. Other Business:

Budget Amendment, $10,700 - Mr. Self presented a proposed budget amendment for the Board's consideration. He explained that the 1995 Farmers Home Administration water system improvements project pays for the installation of PVC pipe. The Town's own policies, however, require installation of iron ductile. In short, the Town will have to fund the difference in price between PVC and iron ductile. The cost difference is about $10,700, and the budget amendment presented would facilitate that change order.

The budget amendment takes $10,700 from the Utility Fund Fund Balance and applies it to the 1995 FmHA capital project fund.

Action: Commissioner Sack moved that a budget amendment in the amount of $10,700 be adopted to facilitate the installation of iron ductile pipe instead of PVC in the 1995 FmHA water system improvements project. Commissoner Martin seconded the motion, which carried unanimously. A copy of this budget ordinance amendment is incorporated into these minutes as an addendum page.

11. Mayor's Report - Mayor Holleman reported that air quality papers are about to be signed, and road projects depending on federal funding -- including the Hwy. 55 Bypass -- can move forward.

12. Commissioners Reports

Commissioner Dickson - Commissioner Dickson thanked Mr. Mizelle for his years of service with the Town; he encouraged the public to check out hollyspringsnc.org and its town hall news link.; he reported that he has been conducting roundtables with small groups of residents and has been gathering opinions.

Commissioner Banks - Commissioner Banks thanked Mr. Mizelle for his service to the Town and said he has valued Mr. Mizelle's input and leadership and assistance that he has lent to different advisory boards over the years. He said he appreciates the long hours and wishes him well. Commissioner Banks applauded the efforts of the HSDC and for its vision and work on plans for the downtown redevelopment.

Commissioner Womble - Commissioner Womble thanked and congratulated Mr. Mizelle. He then announced that the Lions Club will hold a fund-raising circus at 5:30 and 7:30 p.m. Monday, Sept. 27 on Third Street next to the post office.

Commissioner Martin - Commissioner Martin thanked Mr. Mizelle for his service to the Town and wished him luck in the private sector.

Commissioner Sack - Commissioner Sack thanked Mr. Mizelle and pointed out that one of Mr. Mizelle's most valuable legacies for the Town of Holly Springs is the Ten-Year Comprehensive Growth Plan. Commissioner Sakc offered his best wishes to Mr. Wright, Mr. Hakan and the HSDC as they embark on the plan to revitalize and restore downtown.

13. Closed Session - Commissioner Banks moved that the Board convene in closed session for the discussion of a personnel issue. Commissioner Sack seconded the motion, which carried unanimously.

No action was taken in closed session, other than a motion to return to open session. A General Account of the Closed Session follows:

General Account of Closed Session 8/17/99:

The Board briefly discussed applications received for the position of Town Manager.

Action: Commissioner Martin moved that the Board return to Open Session. Commissioner Womble seconded the motion, which carried unanimously.

- End of General Account

14. Adjournment - There being no further business, the Aug. 17, 1999 meeting of the Holly Springs Board of Commissioners was adjourned at 11:25 p.m. following a motion by Commissioner Dickson, a second by Commissioner Martin and a unanimous vote.

Respectfully Submitted on Tuesday, Sept. 7, 1999,

______________________________

Joni Powell, CMC

Town Clerk

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