Town of Holly Springs

Board of Commissioners Regular Meeting

Tuesday, Aug. 1, 2000

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, Aug. 1, 2000 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 Tim Sack, John Schifano, Parrish Womble, Peter Atwell and Hank Dickson and Mayor Holleman.

Board Members Absent: None.

Staff Members Present: Richard B. Self, town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Stephanie Sudano, director of engineering; and Gina Bobber, planning director.

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

4. Agenda Adjustment – The Aug. 1, 2000 meeting agenda was adopted with changes, if any, as listed below.

Motion Made By: Sack

Motion Seconded By: Dickson

Vote: Unanimous.

Items Added to Agenda: Item 6f(vii), setting a public hearing on the question of the annexation of Bass Lake and associated properties, was removed from the agenda to be rescheduled at another time. A Closed Session was added to the agenda.

Consent Agenda Items Moved to New Business: None.

Other Changes: None.

5a. Fair Share Annexation Report and Plan of Services – Mr. Self explained that the Annexation Report and Plan for Services is a fluid document that is subject to changes following public input, updated tax valuation numbers and staffing maneuvers to respond to needs in the area. The report, however, is complete as to form, he said.

Mr. Self pointed out that the Town of Holly Springs already has begun preliminary police patrols in the area, and calls for service have dropped in the area since this heightened police presence has occurred. Consequently, Mr. Self said, the report’s statement that four police officers would be needed to augment the town police force can be dropped down to two. Mr. Self used this as an example of how the report was subject to changes.

Mrs. Sudano explained that the Town has initiated the lengthy process of statutory annexation of the area known as the Fair Share Area. G.S. 160A-35 requires a detailed annexation report and services plan for statutory annexations. The report contains evidence that the area meets the standards of G.S. 160A-36 and is eligible for annexation initiated by the Town. The report also sets forth the Town’s plans for extending to the annexation area each major service performed within the municipality (police, fire, garbage, water, sewer); how the Town plans to finance extension of services to the annexed area; a statement of the impact of the annexation on any rural fire department providing service to the area (in this case, Fairview); and a statement showing how the proposed annexation will affect the city’s finances and services.

Adoption of this report, she explained, is the second step in a long list of requirements for the proper non-voluntary annexation of the Fair Share area, which will be served with municipal water and sewer services within the year.

Next steps in the process will be holding an informational meeting on Sept. 5 at Town Hall to discuss the proposed annexation and a public hearing on the issue, which is scheduled for Oct. 3. In the meantime, the report will be filed in the Town Clerk’s office for public inspection along with related maps, she said.

Residents of the subject area will be notified by First Class Mail next week of the two upcoming information and public input sessions, she added.

Action: After examination and discussion of the report of plans for extending services to the area to be considered for annexation under Resolution No. 00-R-21, adopted the 18^th day of July 2000, the Town Board approved the motion to approve the report.

Motion By: Womble

Second By: Sack

Vote: Unanimous, 5-0.

A copy of this Annexation Report and Plan of Services is on file in theTown Clerk’s office and is herein incorporated into these minutes by reference.

5b. Resolution 00-R-23 – Mr. Self reminded the Board that it had adopted a transfer resolution for the Time Warner / AOL merger back in June. Since that time, he said, court action in other states indicates that the resolution, which conditioned the Town’s approval with internet access provisions, may be overturned. Mr. Self recommended that the Board adopt Resolution 00-R-23 to rescind that earlier transfer resolution and Resolution 00-R-24 to replace it.

Resolution 00-R-24, Mr. Self said, is a new transfer resolution that addresses concerns raised by the Triangle J COG cable negotiating team.

Action: The Town Board approved a motion to adopt Resolution 00-R-23 rescinding the previously adopted Resolution No. 00-R-08 relating to the transfer of control of the cable television franchise from Time Warner Inc. to AOL-Time Warner Inc., and a transfer of control from Media One Group Inc. to ATT&T Corp.

Motion By: Womble

Second By: Atwell

Vote: Unanimous, 5-0.

The text of Resolution 00-R-23 is as follows:

A RESOLUTION OF THE TOWN OF HOLLY SPRINGS BOARD OF COMMISSIONERS

(“THE FRANCHISING AUTHORITY”) RESCINDING THE PREVIOUSLY ADOPTED RESOLUTION (00-R-08) RELATING TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE FROM TIME WARNER INC. TO AOL-TIME WARNER INC. AND A TRANSFER OF CONTROL FROM MEDIA ONE GROUP INC. TO AT&T CORPORATION

WHEREAS, on June 6, 2000, the Franchising Authority adopted a resolution relating to the transfer of control of a cable television franchise from Time Warner Inc. to AOL-Time Warner Inc. and a transfer of control from Media One Group Inc. to AT&T Corporation; and

WHEREAS, since adoption of the resolution, the relevant case law relating to one of the conditions which the Franchising Authority placed on its approval of the transfer of control has changed; and

WHEREAS, Time Warner Entertainment-Advance/New House Partnership (“TWEAN”) has provided additional information and assurances to the Franchising Authority; and

WHEREAS, based upon new case law and these new assurances, the Franchising Authority desires to rescind its previous consent to the transfer of control and adopt a new resolution subject to different terms and conditions relating to its consent to the transfer of control;

NOW, THEREFORE, BE IT RESOLVED BY THE Board of Commissioners of the Town of Holly Springs that in consideration of the foregoing, the Franchising Authority hereby rescinds its previously adopted Resolution No. 00-R-08 dated June 6, 2000. – End.

5c. Resolution 00-R-24 – Mr. Self explained that the major substantive difference in this resolution and the transfer resolution approved previously is that there is no mention of open access.

Action: The Town Board approved a motion to adopt Resolution 00-R-24, a revised transfer resolution relating to the merger of Time Warner Cable and AOL, et. al.

Motion By: Sack

Second By: Womble

Vote: Unanimous, 5-0.

A copy of Resolution 00-R-24 is incorporated into these minutes as addendum pages.

6. Consent Agenda – All remaining items on the Consent Agenda were approved following a motion by Commissioner Dickson, a second by Commissioner Womble and a unanimous vote. The following actions were affected:

6a. League Request -- An amendment to the Interlocal Risk Financing Fund of North Carolina (IRFFNC) Interlocal Agreement, reorganizing the Fund to operate pursuant to G.S. 160A-460 through 464, was approved; and similar action taken by the North Carolina League of Municipalities Board of Directors on June 20, 2000 was ratified.

6b. Alford Street – Action was deferred for up to100 days on consideration of an order to close a portion of Alford Street.

6c. Resolution 00-R-22 – Resolution 00-R-22 authorizing the issuance of $2,000,000 Parks and Recreation Facilities Bond Anticipation Notes was adopted. A copy of Resolution 00-R-22 is incorporated into these minutes as addendum pages.

6d. Minutes – Minutes of the Board’s continued and regular meetings held on June 2, June 6, June 20 and July 4, 2000 were approved.

6e. Resolution 00-R-25 -- Resolution 00-R-25 accepting $3 million in State grant funds for the construction of wastewater collection facilities was adopted. A copy of Resolution 00-R-25 is incorporated into these minutes as addendum pages.

6f. Public Hearings -- A public hearing date of Aug. 15, 2000 was set to receive input on each of the following topics:

i. Annexation Petition A00-01 requesting the annexation of 13.917 acres located on Holly Springs Road.

ii. Rezoning Petition 00-R-09 requesting C-1 zoning designation for 24.4 acres located on Hwy. 55 just north of Somerset Farm Subdivision.

iii. Rezoning Petition 00-REZ-11 requesting R-10 Special Use District zoning for approximately 1.97 acres located on Crittenden Lane and currently zoned R-15.

iv. Annexation Petition A00-05 requesting the annexation of 98.93 acres located off Sunset Lake Road.

v. Rezoning Petition 00-REZ-12 requesting R-10 zoning designation for 98.93 acres located off Sunset Lake Road and currently zoned Wake County R-30.

vi. Rezoning Petition 00-REZ-13 requesting O&I zoning designation for a portion of a parcel of land located on the northwest side of NC 55 and currently zoned I1.

vii. (Removed from agenda during agenda adjustment)

viii. A joint public hearing with the Planning Board on Finesterra Planned Unit Development master plan.

6g. CCGC Member – Matt Johnson, 317 Springside Drive, was appointed to the Holly Springs Commercial Corridor Growth Committee to replace retiring member Anne King.

7. Public Comment – At this time, the Board opened the floor to those in the public who wished to address the Board on any variety of topics not listed on the agenda. The following comments were offered: None.

8. Other Business: None.

9. Manager’s Reports: Mrs. Barbara Pearson reported to the Board that the Town Attorney intends to have a draft noise ordinance prepared for distribution at the next meeting. Mr. Self then reported that the regional water/wastewater project seems to gaining momentum.

10. Closed Session –

Action: The Board approved a motion to enter Closed Session to discuss legal matters relating to the Wake County Landfill litigation and various motions that have been filed.

Motion By: Sack

Second By: Womble

Vote: Unanimous, 5-0.

General Account of Closed Session 8/1/00

In Closed Session, Mrs. Pearson explained that an answer to the Wake County suit against Holly Springs has been prepared and the firm asked for assurances from the Board that it is comfortable with the answer as drafted. The Board provided a consensus that the answer was acceptable.

Mrs. Pearson explained that the Town has been approached with the notion that it give up its review petition in exchange for the right to be a party in the litigation. The consensus of the Board was that this would be acceptable if the agreement is conditioned with the stipulation that Wake County would not motion to dismiss.

No action taken.

Action: The Board approved a motion to reenter Open Session.

Motion By: Dickson

Second By: Schifano

Vote: Unanimous, 5-0.

11. Adjournment – There being no further business for the evening, the Aug. 1, 2000 meeting of the Holly Springs Board of Commissioners was adjourned at 8:30 p.m. following a motion by Commissioner Dickson, a second by Commissioner Sack, and a unanimous vote.

Respectfully Submitted on Tuesday, Aug. 15, 2000,

______________________________

Joni Powell, CMC

Town Clerk

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