Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, Sept. 7, 1999

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Sept. 7, 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 four board members were present as the meeting opened.

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

Board Members Absent: Commissioner Parrish Womble

Staff Members Present: 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 Laurie Gengo of the Sanford Holshouser Law Firm.

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

4a. Public Hearing: 99-SUP-09, MAKO Trucking - Mr. Mizelle explained that the property petitioned for a Special Use Permit is located at the corner of Thomas Mill Road on Irving Parkway. The SUP application requests that a truck maintenance facility be allowed, and such facilities are permitted with a SUP, Mr. Mizelle said.

Mr. Mizelle said the application and sworn testimony must satisfy the six general conditions set out by Town Code. He added that the Planning Board had reviewed the petition and recommends approval with the following condition attached: (1) that MAKO maintain a log of all trucks that are being serviced.

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:

Lesli Doares, 316 W. Elm Ave. - Mrs. Doares asked the Board if the issue of truck access to the property had been addressed. She pointed out that access to the property is possible only either by Ballentine Street or New Hill Road. She said both accesses posed problems as Ballentine is a residential street and New Hill Road is often congested with trucks attempting to turn left onto Hwy. 55.

John Tucker, 512 Parker St., Fuquay-Varina -- Mr. Tucker, speaking on behalf of the applicant, submitted into the sworn record Special Use Permit Application 99-SUP-09 and a related site plan, which address the six general conditions. A copy of Special Use Permit Application 99-SUP-09 and a site plan of the subject property are incorporated into these minutes as addendum pages.

Commissioner Banks asked Mr. Tucker to explain the proposed buffering of the site plan. Mr. Tucker explained that there is a 30-foot opaque buffer surrounding the site.

Commissioner Banks asked Mr. Tucker if the site would be cleared and the buffer would be made up of replantings, or if the buffer would be a natural, undisturbed buffer. Mr. Tucker said the site, because of the topography, would have to be cleared and that the buffer would be restored with new plantings to create a 30-foot opaque buffer. He said the trees that are planted would meet the Town Code (i.e. at least 2-inch caliper).

Commissioner Dickson asked Mr. Tucker how many trucks were expected to enter the site per day. Mr. Tucker estimated between 10 and 15.

Commissioner Dickson asked Mr. Tucker why there were many more parking spots than 10 to 15 indicated on the site plan. Mr. Tucker said the parking spaces would be used to park trailers as well as trucks. He added that turn-around and negotiating space would be needed.

Charles Abruscato - Mr. Abruscato is a neighboring property owner. He asked what kind of buffer would separate his property from the subject site.

Mr. Tucker said there would be a 30-foot opaque buffer.

Mr. Abruscato asked if trucks entering and leaving the site would be full or empty propane trucks.

Mr. Tucker said the trucks would most likely be empty.

Mr. Abruscato asked if there would be a fence erected between the two properties, too. He said he wondered if the landscape buffer would be sufficient to block the site visually.

Mr. Tucker said a combination of canopy trees, evergreen trees and shrubs would be planted, providing an opaque screen.

Robert Marshall - Mr. Marshall owns the property across the street from the subject site. He said he was under the impression that the 30-foot buffer had to a natural buffer, not a replanted one. He said the Town's planning department had advised him that he could not remove any of his own buffer and had to leave it natural when he submitted a plan in the past.

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

Mayor Holleman asked staff for an answer to Mr. Marshall's question.

Mr. Mizelle explained that the Town prefers a natural buffer; however, if the topography of a site is such that it requires a lot of grading, then there is a replacement plan in place in the ordinance that will create a "natural looking" buffer. When a natural buffer is not possible, a replanted one is allowed, he said.

5a. Landfill Report - Laurie Gengo, an environmental attorney with the Sanford Holshouser Law Firm addressed the Board, explaining recent action involving the South Wake Landfill project. She explained that on Sept. 1, an administrative law judge heard motions for summary judgment from the Land Loss Prevention Center (Jerry Franks et.al.) and Residents Against the Landfill (John Schifano, et.al.) and Wake County and NCDENR. The judge ruled that DENR did not follow proper procedures in issuing a permit to Wake County for the construction of the South Wake County Landfill. The judge ruled that new rules formulated in 1994 should have been followed. Wake County and DENR argued that pre-1994 laws applied to the permit, which originated in the late 1980s although review of the permit application did not take place until after 1994.

For a period of time, all parties can file objections or information in support of the administrative law judge's decision. Then the decision and the answers will be forwarded to the state health director for a "final" ruling, Ms. Gengo said. The health director's decision will likely be appealed to Superior Court by the party that does not prevail.

Meanwhile, Ms. Gengo pointed out, construction continues at the site. At this time, Ms. Gengo said there may be residents who were at the hearing who would like to address the Board.

Mr. John Schifano, 413 Arbor Creek Drive - Mr. Schifano explained that the gist of the hearing centered around the question, "Did the franchise come after site suitability?" He said that the judge ruled that site suitability did not happen. He reported that the judge would forward her draft to the state health director. He added that the agency will have 90 days to accept or reject the judge's decision. Mr. Schifano added that the judge said that Wake County proceeds with construction at its own peril. He then asked the Board not to grant any approvals for this project to Wake County, if approached to do so.

He added that Residents Against the Landfill are operating in the red and need more funds to continue the legal opposition to the permit.

Commissioner Sack said he wanted to clarify with those in the audience his own position and that of the Board's. He assured citizens that he would, in no way, support any request from Wake County for Town approval of the project.

He added that the Town Board's decision not to pursue legal action some months ago was not a show of support of Wake County, but rather a decision to not spend Town money in a potentially expensive and potentially unsuccessful legal battle.

He said he would definitely not support any kind of franchise or approval of the project, if it were requested.

No action taken.

5b. Urban Services Areas - Mr. Mike Jennings of Wake County Planning Department addressed the Board. He explained that the County has standards that are very appropriate for rural development but that may not be appropriate for urban standards. He explained that oftentimes, development at rural county standards goes on outside the town limits and then Town have to go back and bring that development up to urban standards when the area is incorporated in the future.

Mr. Jennings explained that the County is proposing to revise its Land Use Plan to identify such properties as "short-range urban service areas." In those areas, Wake County intends to require urban standards (that of the Town) so that at such time when the Town brings those areas in to its jurisdiction there won't be a problem with non-conforming standards.

Mr. Jennings asked that the Holly Springs Town Board support the revision of the County's Land Use Plan to add "short range urban service areas" and the County's proposal to impose in-town standards for these areas. Mr. Jennings said the proposal will go before the Wake County Board of Commissioners on Oct. 18.

Commissioner Banks asked Mr. Jennings that if the Town were to expand beyond the short-range urban service areas, is there mechanism which the Town could use to request additional Urban Service Area designation. Mr. Jennings said there was.

Mayor Holleman asked if this would eliminate the installation of septic tanks in subdivisions right outside the town limits or ETJ. Mr. Jennings said this would be a first step toward that goal. He said a Wake County ordinance to that effect would be the next step.

Commissioner Sack asked if the Town's 10-Year Comprehensive Growth Plan had been taken into account when the Wake County Land Use Plan was devised. Mr. Jennings said it was.

Mayor Holleman recommended that the Board endorse the concept of requiring the development of property designated as short-range urban service areas on the Wake County Land Use Plan to be connected to municipal water and sewer services and otherwise developed to Town standards.

Action: Commissioner Martin moved that the Town of Holly Springs adopt the following resolution:

"Be it Resolved by the Board of Commissioners of the Town of Holly Springs that the Town endorses a proposal by Wake County to revise its Land Use Plan to identify short-range urban service areas and the County's proposal to impose in-town development standards in these areas."

Commissioner Sack seconded the motion, which carried unanimously. This resolution will be given the reference number 99-37 and will be ratified at the Oct. 5, 1999 meeting of the Board of Commissioners.

5c. Fair Share Communication - Mrs. Sudano addressed the Board to update members on the Fair Share Area Water and Sewer Project. She explained that she and various town officials had been meeting with residents of the area, who expressed frustration at the length of time it is taking to complete the project. She also said the residents had presented a list of questions, and answers to those questions were being prepared in letter form to be mailed within the next two weeks to the community.

Mrs. Sudano explained that residents wanted a list of grants and loans that were compiled for this project.

For Water, the Town received $425,000 from the NC Rural Center in April 1998. A portion of that grant has been collected by the Town to pay for design. The remainder of the funds will be drawn down with construction of the project.

In addition, the Town has secured a $500,000 loan from the State Water Bond loan fund. This amount will be repaid at 2.55% interest over 20 years. Mrs. Sudano said the Town has been notified that it will receive the funds on a reimbursement basis after the project begins.

For sewer, the Town originally was notified that it was eligible for a loan in the amount of $2.3 million for that portion of the project; however, the Town could not afford the debt service on such a large loan, so it applied for a grant last year. The Town applied for and was successful in obtaining a $3 million grant. The Town was notified of this grant award in July 1999. These funds will be released on a reimbursement basis when construction begins.

In addition, she said, the Town has obligated to put up some cash and is also using developer contributions for that project (i.e. Spencer's Trace is oversizing its pump station).

2. Residents asked the dates when these funding sources were secured. The dates are listed in the descriptions above. Residents asked if strings were attached to the grants and loans.

Mrs. Sudano that each of the loans and grants carry restrictions on how the money is to be spent and documentation that the Town must provide.

Dates. Listed above. What strings attached? Lots of restrictions.

3. Residents asked how much of the money has the Town received. Mrs. Sudano reported that approximately $150,000 has been drawn and that that amount was used to pay for design and engineering on the project.

4. Residents asked how much interest has been earned by the Town on funds received. Mrs. Sudano answered that no interest has been earned because the Town has not received any funds, other than what was drawn down to pay for engineering and design. She added that none of the funds would be collected by the Town and used to earn interest.

5. Residents asked what the status was of acquiring easements. Mrs. Sudano answered that easement acquisition has begun and that all of the easement maps have been completed.

6. Residents asked if easements that are ready be sent out for acquisition. Mrs. Sudano explained that more than 100 easements are involved in this project and that just the sheer volume makes it difficult. She said her office will get a group of them ready and send them out in thirds. She added that the easement acquirer will work through Fair Share to accomplish this.

Mrs. Sudano pointed out that the Town has budgeted $60,000 for easement acquisition and title search for this project.

7. Residents asked why there was such a delay in getting funding since there is an emergency situation. Mrs. Sudano explained that the emergency nature of the situation was used for the Town's first attempt to get loan money for the project, but the Town could not afford the debt service on the loan. The same emergency nature was the basis for the Town's applying for and obtaining the substitute grant funds.

8. Residents asked for a revised schedule of events in the project. Mrs. Sudano said that state-issued permits should be in the Town's hands by Dec. 1, 1999. She estimated that easement acquisition will be completed between Nov. 1 and 15, unless condemnation is required. She reported that bids should be let in February with construction to begin in March.

Mrs. Sudano estimated that water would be available to residents by the end of next year and that the sewer project should be completed by the spring of the following year.

9. Residents asked if tap charges would be charged by the Town. Mrs. Sudano said that property owners will be responsible for connecting their homes to the water main; however, the Town would not charge the customary fee to tap into the line.

10. Residents asked what would happen if other properties were added to the project area. Mrs. Sudano said that adding properties to the project would pose significant delays in the work.

At this time, Ms. Lynice Williams of North Carolina Fair Share addressed the Board. She said the Wake County chapter has been working on this area for some time. She said the residents wanted answers to their questions, but especially the timeframe.

Mayor Holleman suggested that the Town send monthly letters of update to NC Fair Share.

At this time, Mayor Holleman asked Mrs. Sudano what the status was of the irrigation wells policy. She said the Board could expect to see it in October.

6. Public Comment Period - At this time, the Board allowed citizens to address members on a variety of issues. The following speakers were recorded:

6a. Don Baxter, 701 Bahama Ct. - Mr. Baxter asked the Board if there was a policy written to regulate the Board of Commissioners. He said he felt that the Board of Commissioners was attempting to undermine the authority of the Board of Adjustments by taking over jurisdiction in cases of non-residential variances.

Mayor Holleman explained that the Board of Adjustments rules on variances and Conditional Use Permits and that its rulings must be based on ordinance requirements. Appeal of the Board of Adjustments decision is taken to Superior Court, which determines if processes were correctly followed.

Special Use Permits, conversely, are issued by the Board of Commissioners and are subject to any conditions this Board wants to make, he said. The Board of Adjustments cannot add conditions to a permit.

Mayor Holleman said that it is his belief, as the Town has more and more commercial development, that the Board of Commissioners should have the authority to be able set down some regulations for non-residential development that protect the community. He said he felt that it would be appropriate for the Town to do that.

Mr. Baxter asked how this change would be accomplished.

Mayor Holleman said through an ordinance change.

Mr. Baxter asked if the Board of Commissioners could take the power of the Board of Adjustments away.

Mayor Holleman said yes. He explained that the Board of Commissioners created the Board of Adjustments and can assign, or take away, any authority it determines is best for the community.

6b. Bill Piazza, Chairman of Cubscout Pack 356. Mr. Piazza explained that the pack was looking for a new place in which to meet. He was directed by the Board to get with Mr. Bradley to work out details of meeting space at the Hunt Community Center.

6c. Larry O'Neal, 412 Trinidad Ct. -- Mr. O'Neal explained that three weeks ago, he attend his first board meeting. He said a decision was made on that evening to decline the rezoning petition of Mr. Bill Jenkins, and he thought that was a sensible response to the petition. He said he does not oppose the rezoning of the subject property to commercial, but that he is in full support of an idea to impose a "transitional" commercial zone along that portion of Hwy. 55.

Mr. O'Neal said he was surprised at seeing the item placed on the agenda again on this evening (for setting a public hearing on the question for Sept. 21). He said he did not believe a car dealership was appropriate for the site since it is located a half mile away from the Village center. He asked if the Town could reject a petition. He urged the mayor to take the lead in changing this area from straight C-1 to something more restrictive.

6d. Julie Keeler, 517 Cayman Ave. - Mrs. Keeler urged members of the audience to buy t-shirts in support of Residents Against the Landfill.

She also echoed Mr. O'Neal's concerns. She said she would like the Town to consider that portion of Hwy. 55 as an extension of the "downtown" area because it will become that extension in the future. She said a car dealership was not appropriate for that location.

Mrs. Keeler also reported that she attended the landfill hearing. She said the Board and Town should be proud of RAL, which presented a strong and forceful front. She encouraged the Board to not waiver in its decision to not support any attempts by Wake County to follow through with plans for South Wake Landfill. She said the Town could not pursue legal action, but she asked that citizens who have taken up the legal fight be supported by all means possible.

At this time, the meeting was recessed for a short break.

On return to the business session, Mayor Holleman reported that the Sonic restaurant may have to close for a short time while it brought its site up to par. A temporary certificate of occupancy had been issued, but it expires on Sept. 9. If not all improvements are completed at the site by that time, the CO would be revoked until such time as the improvements are completed.

7. Agenda Adjustment - Commissioner Martin moved that the meeting agenda for Sept. 7, 1999 be adopted with changes, if any, as listed below. Commissioner Dickson seconded the motion, which carried unanimously.

Items added: None.

Items removed from the Consent Agenda: None.

8a. 99-SUP-09 and MAKO Site Plan -

Action: Commissioner Sack moved that the Town Board approve the site plan and issue Special Use Permit 99-SUP-09 to allow a truck maintenance facility on property zoned industrial and located in the Holly Springs Industrial Park. Commissioner Banks seconded the motion.

In discussion, Commissioner Banks asked if the Town could prohibit trucks from using Ballentine Street. The mayor and staff advised that trucks already are prohibited on Ballentine Street.

Commissioner Sack also pointed out that trucks entering the MAKO site will most likely use the easiest access to the property, which would be New Hill Road for now and then the Hwy. 55 Bypass when it is completed.

The mayor also pointed out that truck traffic on Hwy. 55 onto New Hill Road will be drastically reduced with the closing of the BFI demolition landfill on Dec. 31, 1999. He added that the MAKO traffic would pose no significant aggravation to the current truck congestion on New Hill Road, and especially so after BFI closes.

Commissioner Martin suggested that the Board add the following conditions to the Special Use Permit: (1) that no heavy repairs be conducted on the site and (2) that only empty vehicles would be serviced there.

Commissioner Dickson asked if there would be a warranty on the newly planted landscaping. Mr. Mizelle explained that if plantings in an opaque buffer die, then the buffer would no longer be opaque; therefore, the plantings would have to be replaced for the site to be in compliance with Town Code. He said the Board was free to reenforce Town Code by attaching to the permit a condition that the buffer be maintained as opaque.

Commissioner Dickson said that testimony revealed that between 10 and 15 trucks per day would be entering the site. He asked if that number increases, would that invalidate the Special Use Permit. Staff advised that it would not, unless allowing only 10 to 15 trucks a day into the site was a condition of the permit.

Commissioner Dickson said he asked this question because site plan illustrates a lot more than 15 parking spaces. Mr. Tucker explained that the MAKO has 60 rigs and requested that 30 spaces be included on the site plan.

Commissioner Martin said he would not think it would be good, from a business standpoint, to dictate how many trucks would be allowed onto the site.

Commissioner Banks added that enforcement of such a condition would be virtually impossible and infeasible.

Vote on the Motion: Commissioner Sack amended his original motion to include the following attached conditions to the Special Use Permit 99-SUP-09:

(1) That the 30-feet of opaque buffer always be maintained as opaque and that landscaping that dies be replaced in a timely manner;

(2) That no "heavy" maintenance or repairs (inappropriate to the Light Industrial zone) be conducted on the site;

(3) That only empty tankers be serviced on site; and

(4) That a log of incoming and outgoing trucks be maintained.

Commissioner Banks seconded the amended motion, and it carried unanimously.

8b. Hwy. 55 Traffic Signal - Mrs. Sudano reported to the Board that the Town had received a response from the North Carolina Department of transportation to the Town's most recent request for a traffic signal at the intersection of Hwy. 55 and Cayman Avenue. She reported that NCDOT has approved this intersection for signalization; however, NCDOT funds new traffic signals based upon priority, and they have ranked this particular intersection as a low priority. This means DOT would not fund the signal until "some time in the future." This also means that it would not be any time soon, she added.

By approving the intersection for signalization, NCDOT will allow the Town to fund installation of a signal at this location. If this is the direction that the Town desires to take, staff can initiate a request to NCDOT for signal design and cost estimating services. From past experiences, Mrs. Sudano said, the Town can expect that the cost for a signal at this location would between $40,000 and $60,000. There are currently no budgeted funds, she added.

Direction: The Board directed Mrs. Sudano to request NCDOT to design the signal and provide a cost estimate for installation. The Board also directed Mr. Holleman to lobby officials at NCDOT to agree to the design request.

8c. Roadway Median Participation - Mrs. Sudano explained that In the construction review and approval process of the Holly Springs Shopping Center site (intersection of NC 55 and New Hill Road), it became necessary to have the developer install a median along the frontage of the site on Hwy. 55. This, because of the number and location of driveways along this short frontage would pose a safety hazard, she said.

Mrs. Sudano said the installation of a median will help by restricting access to the driveways to right-in/right-out movements only; however, she also pointed out that this intersection will likely experience capacity problems until the Bypass is opened due to the sheer volume of turning traffic that will be turning onto Holly Springs Road and Third Street.

Mrs. Sudano explained that in discussing the proposed median - which would be constructed to NCDOT minimum (i.e. 3 feet wide concrete monolithic), the suggestion was made that the Town try to beef the island up and put in the landscaped median that the ultimate cross section of Hwy. 55 will contain.

The cost to the Town to make this "upgrade" to the developer's road widening project would consist of the design and additional construction costs associated with converting the median from a concrete one to a landscaped one. The landscaped island, because of the turn lanes onto both Holly Springs Road and Third Street, will be narrow (approximately 5 feet wide) - it will be similar to the island that extends in front of Lochmere Golf Course on Kildaire Farm Road in Cary, Mrs. Sudano said. Similar landscaping of holly trees and pine straw and/or other groundcovers is envisioned, she added.

Mrs. Sudano presented to the board a proposal for engineering design services that would incorporate an upgraded landscape median into the widening project. She also presented a budget ordinance amendment in the amount of $2,500 to cover the cost of the design work, if approved by the Board.

Mrs. Sudano explained that a construction cost estimate would be forthcoming as part of the engineering design, and staff will present the estimate to the Town Board at that time for consideration of construction funding.

Action: Commissioner Martin moved that the engineering and design proposal from the John R. McAdams Company be approved as well as two budget ordinance amendments in the amount of $2,500 to facilitate payment of the contract. Commissioner Sack seconded the motion, which carried unanimously.

A copy of the engineering and design proposal is incorporated, by reference, into these minutes and is on file in the Town's Engineering Department.

Copies of the budget ordinance amendments (2) in the amount of $2,500 are incorporated into these minutes as addendum pages.

8d. NLC Delegates - The Board was asked to select one voting delegate and two alternates for the Nov. 30 - Dec. 5 for the National League of Cities conference in Los Angeles.

Commissioner Dickson asked why three members of the Town Board were planning to attend the meeting.

Mayor Holleman said since Commissioner Dickson had not attended a national meeting, that he should ask the commissioners who are going to see what they are getting out of it. He encouraged Commissioner Dickson to discuss with his fellow board members the advantages of attending national conferences of cities.

Commissioner Dickson said he was sensitive to what happened in Durham.

Commissioners responded that the Durham case was a clear-cut example of impropriety but that it should not be confused with the National League of Cities conference.

Commissioner Dickson said he would like to establish a policy regarding Board attendance at national meetings. He said he felt the policy should require board members to announce in advance to the public what meeting they intended to attend, where it is located and why they were going. He said the policy should also require a report upon a commissioner's return.

Commissioner Sack explained his viewpoint. He said the Town is a member of the National League of Cities. He said he and others who have attended the conferences learn a lot from others at the conference and from expert speakers. He said he agreed that elected officials and staff who attend national meetings should be accountable to minimize the cost and make diligent use of the time spent, but he didn't feel anyone should have to provide a written report on each meeting.

Most commissioners agreed that elected officials and staff should provide oral reports of attendance at national meetings, but that a policy to that effect was not necessary. Commissioner Dickson said he felt there should be a policy.

Action: Commissioner Sack nominated the Mayor as the Town's voting delegate at the NLC Conference and others who had registered as alternates. Commissioner Martin seconded the motion, which carried unanimously.

9. Consent Agenda: Commissioner Sack moved that all items on the Consent Agenda be approved. Commissioner Martin seconded the motion, which carried unanimously, affecting the following actions:

9a. Public Hearing - A public hearing date of Sept. 21, 1999 was set to receive input on Rezoning Petition 99-R-14 filed by Spaulding Engineering on Aug. 18, 1999 requesting a C-1 zoning district for 6.4 acres located on Hwy. 55 and currently zoned R-15.

9b. Annexation Agreement - The Town entered into an annexation agreement for water services with the owner of a parcel of land located at the intersection of Cass Holt Road and Avent Ferry Road. The owner had requested that the home located on the site be connected to the Town water system because the existing well has failed.

The annexation agreement commits the property to future annexation by the Town of Holly Springs in exchange for water service now.

A copy of the text of this annexation agreement is incorporated into these minutes as addendum pages.

9c. The Mill Phase 2 - The site plan for The Mill Phase 2 was approved.

9d. Braxton Village Phase 2 - The preliminary Planned Unit Development plan for Braxton Village Phase 2 was approved.

9e. Ballenridge Phase 3 - The site plan for Ballenridge PUD Phase 3 was approved.

9f. Spencer's Trace Developer Agreement - The Town entered into a developers agreement with the developer of Spencer's Trace, subject to revisions to the document as recommended by staff.

A copy of the draft developer agreement is incorporated into these minutes as addendum pages.

9g. Braxton Village Developer Agreement - The Town entered into a developers agreement with the developer of Braxton Village P.U.D., subject to revisions as recommended by staff.

A copy of the draft developer agreement is incorporated into these minutes as addendum pages.

9h. Consulting Services - The Town entered into a consulting services agreement with Steve Tedder to assist the Town in dealing with regulatory officials on various major Town projects. Terms of the agreement are that Mr. Tedder will work hours not to exceed 15 hours per month based on $150 per hour. The proposal was approved on a month-to-month basis, with re-evaluation of renewing the proposal to take place in three-to-four months.

9i. Firetruck - The Town Board awarded the purchase of a pumper/tanker to low bidder Pierce Manufacturing through its sales agent, Triad Fire Equipment of Kernersville for $144,570. The Board also adopted a budget ordinance amendment in the amount of $153,070 to facilitate installment financing of the vehicle and $7,000 in equipment.

A copy of the bid tabulation is incorporated into these minutes as an addendum page.

A copy of the Chief of Public Safety's review of the bid packets is incorporated into these minutes as an addendum page.

A copy of the budget ordinance amendment is incorporated into these minutes as an addendum page.

9j. Jeeps - The Town Board awarded the purchase of two Jeep vehicles to Smithfield Chevrolet Jeep of Smithfield for $41,900.

A copy of the bid tabulation is incorporated into these minutes as an addendum page.

9k. Resolution 99-34 - The Board adopted Resolution 99-34 urging the local telephone companies to recognize their Holly Springs service areas as a separate community in their directories.

A copy of Resolution 99-34 is incorporated into these minutes as an addendum page.

9l. Resolution 99-35 - The Board adopted Resolution 99-35, a Resolution of Intent to Close a Portion of Alford Street, which begins the process of closing a portion of Alford Street and setting a public hearing on the question for Oct. 19, 1999.

A copy of Resolution 99-35 is incorporated into these minutes as an addendum page.

9m. Minutes - Minutes of the Board's regular meeting held on Aug. 17, 1999 were approved.

10. Other Business:

George Hamzik - Mr. Hamzik addressed the Board regarding the closing of the Holly Springs Disposal demolition landfill in December. Mr. Hamzik said he feels that as the landfill closes, the truck traffic will shift to enter a demoltion landfill located on Sunset Lake Road. He asked if the Town could take a proactive stance to determine what the impact of that shift of traffic would be. He suggested a traffic analysis.

Mayor Holleman said a traffic study of Hwy. 55 traffic would continue in efforts to have the roadway improved. He also mentioned that a new demolition landfill is being considered for a piece of land near Apex. The access for that landfill would be by Technology Drive by way of Hwy. 55.

Action: Commissioner Sack moved that the Town of Holly Springs adopt the following resolution:

"Be it Resolved by the Board of Commissioners of the Town of Holly Springs respectfully requests that the Wake County Board of Adjustments deny the Special Use Permit [for a demolition landfill] following finding of fact that this facility cannot be safely accessed by way of Hwy. 55 and that placement of the facility in this location would have a negative economic impact on the neighboring Holly Springs area."

Commissioner Dickson seconded the motion, which carried unanimously.

This resolution will be given the reference number 99-38 and will be ratified at the Oct. 5, 1999 meeting of the Board of Commissioners.

11. Mayor's Report - Mayor Holleman reported on a meeting he attended in Williamsburg, Virginia where the topic was "smart growth." He said he felt that the "smart growth" label was being used as a "window dressing" to camouflage the lack of leadership and vision. He said he was disappointed in the non-productive meeting where no new ideas were brought to the table.

12. Commissioners Reports

Commissioner Dickson - Commissioner Dickson reported that he planned to hold a focus group meeting in September.

Commissioner Banks - none

Commissioner Martin - Commissioner Martin reported on the Williamburg conference, which he also attended.

Commissioner Sack - Commissioner Sack reported that the Woman's Club arts and crafts festival was scheduled for the following Saturday in the Town Hall parking lot. He said he felt the Town needed to pursue securing a traffic light on Hwy. 55 at Cayman Avenue. He added if there was private funding available, the Town needed to pursue that option as well.

13. Closed Session - Commissioner Sack moved that the Board convene in closed session for the discussion of a personnel issue. Commissioner Banks 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 9/7/99:

The Board discussed applications and applicants for the position of Town Manager. A consensus was reached that Mr. Richard B. Self was the strongest applicant among the 65 received. The Board gave directions to the Town Attorney in preparing an employment contract for consideration of the Board on Sept. 21.

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

- End of General Account

14. Adjournment - There being no further business, the Sept. 7, 1999 meeting of the Holly Springs Board of Commissioners was adjourned at 10:59 p.m. following a motion by Commissioner Banks, a second by Commissioner Martin and a unanimous vote.

Respectfully Submitted on Tuesday, Oct. 5, 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.