11/6/01 Meeting Minutes, Town of Holly Springs

! That reference to “hardy plank” on pages 4 and 6 be modified to read “concrete composite”

! That Section 2. Design Features (d) be modified to read: 25% of the total number of dwelling units feature two or more amenities such as garage, screened-in patio or balcony, etc.

! That Sectioin 2. Design Features (f) be modified to read: A fire protection system including fire alarms such as “pull down” units are provided.

With that explanation completed, Mayor Womble opened the public hearing to accept comments. There were no comments offered for the record:

There being no comments, the public hearing was closed.

Commissioner Atwell asked for clarification of the additional design standards regarding handicapped parking.

Commissioner Schifano asked how much density is in the densest multi-family development in Holly Springs. Ms. Bobber said she thought it might be Trellis Pointe Apartments, which contains about 7 1/2 units per acre.

Action: The Board approved a motion to adopt Ordinance 01-16 (Zoning Ordinance Amendment 01-ZOA-05) to create a new zoning district for multi-family residential development, with changes recommended by the Planning Board.

Motion By: Sack

Second By: Dickson

Vote: Unanimous

A copy of Ordinance 01-16 is incorporated into these minutes as addendum pages.

5b. Public Hearing: Appeal of a Soil and Erosion Control Violation – Mr. Campbell explained that under the provisions of the Town’s Sedimentation and Erosion Control Ordinance, appeals regarding civil penalty enforcement actions are made to the Town Board. The Town recently levied a one-time civil penalty in the amount of $2,500 against the owner of the Oakhall Phase 8 project, JLG Corporation, for installation of two 48” storm drainage pipes and associated sedimentation measures for which a plan had not been submitted nor approved by the Town. He added that these culverts are located both upstream and adjacent to existing homes in Oakhall Subdivision. This is the first civil violation assessed by the Town under the Sedimentation and Erosion Control Ordinance, and is also the first to be appealed.

Mr. Campbell explained that inspections staff has clear documentation to support this action, including documentation of discussions and meetings with the developer, project engineer, and contractor which included specific instructions not to proceed with the culvert installation prior to obtaining an approved plan.

These meetings and discussions are not required to support this action, but show the attempts of Town staff to prevent such an occurrence, Mrs. Sudano had explained in agenda notes.

The maximum allowable fine in this instance is $5,000. The Engineering Director has recommended a one-time $2,500 fine to date based upon the fact that this is a first-time occurrence for the developer. Mrs. Sudano noted in agenda packets that should the developer fail to make the necessary submittals to secure plan approval on this portion of the project within a reasonable time frame, he would be subject to additional fines under the ordinance.

With that explanation completed, Mayor Womble opened the hearing to hear the developer’s appeal of the notice of violation and further input from staff, if necessary.

Donald Tingen, JLG Corporation – Mr. Tingen explained that he conducted the construction in question. He said he informed the Town that the pipe was temporary and that installation of soil erosion control devices would be installed. He said as the process continued to rectify the situation, he was issued the notice of violation and fine. He said he felt he was given verbal approval and that he was unaware that he was doing anything wrong.

Commissioner Schifano asked Mr. Campbell to clarify points about the temporary pipe.

Mr. Campbell explained that Katie McDonald nor Heather Kiefer gave JLG verbal approval for installed temporary pipes until the headwalls are installed.

Tom Spaulding with Spaulding and Norris, engineers on the project – Mr. Spaulding explained that the Town Board approved this phase of Oak Hall and that all were in agreement that the pipes needed to be installed, but the plan has not been approved.

Commissioner VanFossen asked if the existing pipe in violation was pursuant to what will be approved on the plans. Mr. Campbell said no, because the total length will be about twice as long with headwalls.

Commissioner VanFossen summarized: the violation was issued for installation of the pipe without approved plans and the contractor is saying he feels he had a verbal approval.

Mr. Campbell agreed that this was an accurate summary of what was being said.

Commissioner VanFossen asked if there was any damage because of the violation. Mr. Campbell said no, because there was no rain during that time.

Mayor Womble asked if a sediment basin was installed at the time of pipe installation or after the inspector noted the violation.

Mr. Campbell said it was installed after the violation was noted but should have been installed at the time the pipe was installed.

Glen Futrell, JLG Corp. – Mr. Futrell explained that the Town engineer commented on plans that Linden Ridge should be extended from a public safety standpoint, and that he agreed. He said his plans were approved for Phase 8 accordingly and he was surprised at the notice of violation because his staff and Town staff seemed to be communicating very well as to what was required.

He said he feels that there was a communication mishap somewhere because he knows his contractor is not going to willfully put in anything that is in violation. He stressed that JLG Corporation was not willfully trying to violate the Town’s regulations. He pointed out that he still does not have an approved plan for this emergency access and that he felt originally that the permanent structure should have been installed to begin with. He asked that the Town Board take this into consideration and the fact that the problem has been corrected.

Commissioner Schifano said he would be in favor of upholding the fine because the developer/builder did admit to installing the pipe in violation, but that the fine be reduced since no damage was done

There being no further comments, the public hearing was closed.

Action: The Board approved a motion to uphold the fine but to reduce the amount of the fine to $500.

Motion By: Schifano

Second By: Dickson

Vote: Unanimous

5c. Public Hearing: Amend BFI Franchise Ordinance – Mr. Dean explained that BFI is requesting the Town Board to consider amending the existing franchise agreement in order to allow the operation of its construction and demolition landfill through December 2004 rather than December 2002. This is primarily due to the delay in the development of the Finisterra project. In return, BFI is agreeing to terms suggested by the Town Board on Oct. 16: that the fee received by the Town will be increased from $2 a ton to $4 a ton beginning January 2003 and that the Town's limit for free disposal would be increased.

The amendment would extend the term of the agreement but would not result in a change in the maximum volume or footprint described in the existing agreement, although BFI is requesting that it be allowed to accept refuse from the general public, Mr. Dean said. It is estimated that funds generated for the Town during the life of the new agreement would be $1.35 million, which could be used to fund projects identified by the Town Board (i.e. the library project, road and drainage improvements, Bass Lake, etc.), Mr. Dean noted.

Mr. Pearson explained that amendment of the franchise agreement would require two readings and two separate approvals.

With that explanation completed, Mayor Womble opened the public hearing to accept comments. The following comments were offered for the record:

Barb Koblich, 729 Bahama Court – Mrs. Koblich spoke in favor of the amended franchise agreement. She said she felt the revenue to the Town outweighed any negative impact that might result from the operation’s being extended. She said the tangible projects that might be funded from the extra revenue would give the Town something positive from the operation.

Steve Tedder, 117 Morena Drive – Mr. Tedder spoke in favor of the proposed amendment. He said he felt this was an extension of time and that it made sense for the Town Board to approve it because of the positive things that would result.

Jonthan Gibbons, 217 W. Ballentine Street -- Mr. Gibbons said it was a good idea. He said the revenue stream for the Town is a positive thing as were the savings to the Town in the disposal of general yardwaste. He applauded the negotiating skills of the town manager in securing something of benefit for the Town. He asked, however, that no further extensions be considered beyond December 2004. He also asked that the incorporation of mandatory truck covers be placed in the agreement.

Heidi Massey, 208 Texana Way – Ms. Massey spoke against the request. She said the Town Board should consider how its vote would be viewed by Wake County. She said she felt that extending the life would perpetuate the Town’s image as a dumping ground.

She said she did not feel $1.35 million was enough. She said she feels that the Board would be saying that Holly Springs is willing to be your dump as long as your willing to pay.

Walt Hudyma, 104 Merrimont Way – Mr. Hudyma asked if it were true what he has heard that BFI has 26 acres worth of expansion room. He asked if BFI could expand its volumes. He asked if BFI was enforcing the covered truck provisions in the existing agreement.

He said he feels the covered truck provision needs to be enforced.

John Allen, 612 Oakhall Drive – Mr. Allen said Residents Against the Landfill, an organization of which he is president, is opposed to the continuing operation of the BFI landfill. He said the group is opposed because of the proliferation of disposal sites in this area. He said the RAL was under the impression that there would be no further expansions of the BFI site. He said approval of the request would send the wrong message to those RAL is trying to convince Holly Springs is opposed to all landfills.

He condemned the Board for trying to get into the solid waste disposal business for profit. He said he believes that BFI is not a good corporate citizen.

Mr. Allen asked that the Board postpone action until the new Board is seated.

He said he feels BFI will keep approaching the town for future extensions.

Mr. Allen alleged that BFI was tapping into a Town hydrant illegally without a meter.

Mrs. Arthur Christiani, 213 Texana Way – Mrs. Christiani asked that the Town Board to make this the last extension because she does not want to live in a community of landfills.

Don Baxter, 710 Bahama Court – Mr. Baxter said he is opposed to landfills, but with this one, it is pre-existing. He feels the Town would benefit from the revenue generated by the host fees. It is a tough decision, he said, but each decision must be made on a case by case basis. At this time, this decision, why not get something from it, he asked. Otherwise, it will be just a closed dump with no benefit to the community at all.

Katherine Collins, 101 Texana Way – Ms. Collins said she, as a new resident, moved here with the promise of no more landfills. She feels the arts center in Raleigh and the library in Apex is fine and that Holly Springs does not need these things. She said she is now considering moving.

Dick Gallo, 205 Holly Park Drive -- Mr. Gallo said he doesn’t see any clear right or wrong in the question; however, he leans toward that this would be a good thing for the Town. He said he feels the covered truck position should be enforced. Mr. Gallo wanted assurance, however, that the footprint and volume would not be changed. He also said he wondered if there is further delay in the Finisterra project, would there be subsequent requests for extensions of time from BFI.

He said he did not feel that the BFI site should not be confused with the South Wake Landfill as they are two very different types of facilities.

Action #1: The Town Board approved a motion to continue the public hearing to resume on Nov. 20.

Motion By: Sack

Second By: VanFossen

Vote: Unanimous

Mr. Pearson answered the questions posed during the public hearing. He clarified that the request is for an extension of time and not in land area or volume of the facility. He said BFI has no room on its site for a future expansion and that he does not know how or why someone stated that there is 26 acres of expansion room. He said the request is to fill in the current cell that should have been nearly full by this time, had the Finisterra development evolved as originally planned.

Commissioner Schifano assured the audience that the Town Board was giving the question careful consideration. He asked if the truck cover provision in the agreement was being enforced.

Rick Prather, BFI – Mr. Prather explained that BFI checks trucks at the site. Loads are inspected for contents and if they are covered or not. He said drivers are disciplined for not covering their loads. He said BFI’s own trucks are equipped with automatic tarp cover mechanisms. He asked members of the public to report those found in violation by calling him personally and to call the police department

Mr. Prather explained that the original date in the existing franchise agreement was selected by the then-developers of Finisterra, not BFI nor the Town. Because of several reasons, now BFI is asking the Town to be allowed to fill the space originally agreed upon to serve Finisterra. He said it was the same land area as in the first agreement, but the company is requesting that the time period be adjusted in light of delays in the development of Finisterra.

He said BFI picks up debris from the roadside daily at the access points.

Don Plessinger, BFI – Mr. Plessinger addressed the Board regarding the allegations made by one citizen that the company had illegally tapped into a Town fire hydrant. He explained that the meter is installed behind the fence on the BFI property and that the bill is paid every month. He said the water is used for dust control.

Action #2: The Board approved a motion to defer action on first reading of the proposed franchise ordinance amendment until Nov. 20.

Motion By: Dickson

Second By: Sack

Vote: Unanimous

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

6a. Budget Amendments, FY 2001‑02 – Budget amendments for the amounts and for the reasons listed herewith were adopted:

1. In the amount of $150,000 to allocate funds for the town hall design and temporary office space during construction.

2. In the amount of $123,500 to allocate excess funds from the Raleigh Water Line project to cover SCADA and storm water project.

3. In the amount of $10,000 to cover unanticipated costs associated with the Parks

and Recreation bond sale.

4. In the amount of $2,495 to receive insurance proceeds to cover maintenance and

repair of vehicles.

A copy of these budget amendments are incorporated into these minutes as addendum pages.

6b. SPCA Appropriation -- An appropriation of $10,000 (for FY 2001-02, the first of three equal installments over the next 3 years), to Wake County SPCA for a new animal shelter, was authorized. The SPCA provided the Town with a letter of commitment that animals collected in Holly Springs could be housed in the new facility when completed.

6c. Resolution 01-26 – Resolution 01-26 directing the Town Clerk to investigate the sufficiency of Annexation Petition A01-06 and fixing a public hearing date of Nov. 20, 2001 on the question of annexation was adopted.

A copy of Resolution 01-26 is incorporated into these minutes as addendum pages.

6d. Resolution 01-27 -- Resolution 01-27 directing the Town Clerk to investigate the sufficiency of Annexation Petition A01-07 and fixing a public hearing date of Nov. 20, 2001 on the question of annexation was adopted.

A copy of Resolution 01-27 is incorporated into these minutes as addendum pages.

6e. Annexation A01-05 – This item was removed from the Consent Agenda during agenda adjustment and placed under New Business for discussion.

6f. Rezoning Petition 01-REZ-07 – This item was removed from the Consent Agenda during agenda adjustment and placed under New Business for discussion.

6g. 01-PUD-07, Autumn Park PUD Plan – This item was removed from the Consent Agenda during agenda adjustment and placed under New Business for discussion.

6h. Oak Hall Phase 8 01-MAS-01-A1 – An amended preliminary plan for Oak Hall Subdivision Phase 8 (01-MAS-02-A1) submitted by Spaulding and Norris, PA. was approved with the following (4) conditions:

1. If the developer does not want to install the street trees as required by ordinance, a variance request must be submitted to the Board of Adjustment for consideration since the installation of street trees is an Ordinance requirement and only the BOA has the authority to waive ordinance requirements.

2. The right of way for Linden Ridge Drive extension and stub-out to Ransdell tract is to be dedicated, cleared, and stabilized with gravel to permit emergency vehicle access.

3. The greenway is to be constructed in accordance with the agreement between Len Bradley, Director of Parks & Recreation and Spaulding & Norris.

4. The following items are to be included on construction drawings (later in the approval process):

*Hydraulic analysis to confirm adequacy of fire flows is required.

*Written documentation from NCDOT verifying approval of this plan is required.

*Utility stub-outs to upstream properties to be provided.

7a. Town Wide Calendar - Mr. Bradley explained to the Board members that he was searching for methods to help the Parks Department program participants be better informed of important dates throughout the year. That idea, he said, has expanded into a calendar that would include as many important dates for all Town departments as possible.

The 8 1/2" by 11" calendar would list important dates for residents such as Town Board Meetings, Planning and Zoning meetings, registration dates for athletic and leisure programs, etc. The calendar would be mailed to all residences within the city limits at the end of December 2001. The calendars would also be provided to new residents at Town Hall, he said.

Commissioner Sack asked if local clubs or the chamber were involved.

Mr. Bradley said the Chamber had been invited to submit items, but not non-profit organizations.

Commissioner Schifano asked if the Chamber could sell ads to defray costs of producing the calendar.

Mr. Bradley said that idea could be used next year, but that this year, there was no time. He added that this project would require board approval and a budget amendment to the FY 2001-02 of $13,000.00 from the town’s fund balance.

Action: The Board approved a motion to approve the proposed town wide calendar and to adopt a budget amendment to the FY 2001-02 of $13,000.00 from the town’s fund balance to pay for it.

Motion By: Sack

Second By: Atwell

Vote: Unanimous

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

7b. Construction of New Walking Trail – Mr. Bradley submitted a proposal to construct an asphalt walking trail around the ball fields at Womble Park and a section of greenway trail from Ballentine subdivision to the sidewalk on Ballentine Street. This would require board approval and adoption of a budget amendment of $35,000 to the FY 2001-02 budget to cover costs of construction.

Commissioner VanFossen asked about the route and whether greenway would cross at stop signs.

Commissioner Dickson passed along a suggestion made by a citizen that where a greenway crosses a street, that it be a raised surface, which would act as a traffic-calming device to protect pedestrians.

Commissioner Schifano asked if the Parks Department would work with homeowners in Ballenridge and Avent Acres as to the route and crossings of the greenway. Mr. Bradley said yes.

Action: the Town Board approved a motion to grant approval to the construction of an asphalt walking trail around the ball fields at Womble Park and a section of greenway trail from Ballentine Subdivision to the sidewalk on Ballentine Street and to approve the budget amendment of $35,000 to the FY 2001-02 budget to use park impact fees to cover the cost of construction.

Motion By: Dickson

Second By: VanFossen

Vote: Unanimous

A copy of the budget amendment is incorporated into these minutes as addendum pages.

7c. Holly Springs Library and Cultural Arts Center – Mr. Dean addressed the Board reporting that Wake County has provided a drawing of an 8,000 square foot library and an attached cultural arts center on the property that the Board has indicated it would provide to Wake County for this project.

Mr. Dean explained that Wake County is looking for this commitment, and a letter has been prepared committing the Town to providing the property. He said this letter to the Wake County Board of Commissioners is the next step in our ongoing efforts to partner with the County to have a branch library constructed in Holly Springs. The Town Board has supported this concept in the past and is now being asked to consider specific actions as part of its commitment to this effort.

Commissioner Sack suggested that the draft letter enclosed in agenda packets be amended to include the construction schedule of the Town Hall project, which would communicate to Wake County the Town’s commitment to overall development in the area of the proposed library as well as give the county some encouragement to act quickly on the project.

Commissioner VanFossen clarified that Holly Springs would provide road and utility

improvements and would have some input into the design of the facility so that it would compliment the Town Hall project.

Action: The Board approved a motion to authorize the letter of commitment to Wake County regarding the library and cultural arts center.

Motion By: Schifano

Second By: Dickson

Vote: Unanimous

A copy of the letter is incorporated into these minutes as addendum pages.

7d., 7e., and 7f. Autumn Park – These items were moved to New Business from the Consent Agenda during agenda adjustment.

At this time, Ms. Bobber suggested on behalf of the applicant that discussion of the proposed Autumn Park Planned Unit Development be held before action ensues on the related issues of annexation and rezoning. The Board agreed.

Ms. Bobber explained that a joint public hearing on the Autumn Park PUD plan was held with the Planning Board and Town Board on Sept. 18. She reported that the Planning Board reviewed the plan on Sept. 25 but then tabled the question to allow the developer to modify the plans and provide additional information to staff.

She said the plan was then reviewed by the Planning Board on Oct. 23 when it voted to recommend the Town Board approve the plan with conditions.

The property contains 57.75 acres located on the south side of Avent Ferry Road between Cass Holt Road and Piney Grove-Wilbon Road. The PUD would allow for 197 single-family homes on individual lots with a minimum lot size of 4,000 to 5,300 square feet in area and 50 townhome units for a total of 247 units. Overall density of the development would be 4.3 units per acre. She noted that the plan exceeds the minimum required open space for a PUD.

Ms. Bobber said the plan had been modified to address concerns raised at the public hearing. Some of those changes include changes that result in a reduced total number of units from 283 to 247, thus changing the proposed density from 5 units per acre to 4.3 units per acre; the number of townhomes was reduced from 73 to 50; clarification was made to typical lot layout drawings; the pump station location was modified; a greenway trail connection to adjacent property to the south was eliminated.

Commissioner VanFossen urged staff to maintain a strong consideration of neighboring property owners during subsequent reviews of this project, and he asked that potential property owners within the development be informed of such things as to the location of the pump station.

With discussion ended, the Board indicated that it would vote favorably on the Autumn Park agenda items, so action resumed in the following order.

Action #1 (7d. Annexation): The Board approved a motion to adopt Annexation Ordinance A01-05, annexing the Autumn Park property containing 57.75 acres of satellite land located on Avent Ferry Road.

Motion By: Atwell

Second By: Dickson

Vote: Unanimous

A copy of Annexation Ordinance A01-05 is incorporated into these minutes as addendum pages

Action #2 (7e. Rezoning) – The Board approved a motion to approve Rezoning Petition 01-REZ-07 assigning R-10 district to 57.57 acres on Avent Ferry Road as recommended by the Planning Board

Motion By: Atwell

Second By: Sack

Vote: Unanimous

Action #3 (7f. Autumn Park PUD) – The Board approved a motion to approve Autumn Park PUD, 01-PUD-02 as submitted by Don Mizelle of Spaulding & Norris, Project Number 308-01, stamp dated “Received October 12, 2001 Planning & Zoning” with the following (13) conditions:

1. The “Legend” on Sheet C-7.0: Master Plan is to be updated to match the correct District Regulations.

2. The lot details on Sheet C-8.0: Typical Lot Layout need to be modified to conform to the proposed “Districts” since there is not a 5,000 or 6,000 square foot “typical lot”.

3. Street trees are required to be installed at 40’ on-center along all streets within the Autumn Park PUD per ordinance requirements.

4. All entry features and other elements as depicted in the color renderings presented for Public Hearing are to be required to be constructed within the timeframe specified in the Zoning Ordinance for Open Space within a Planned Unit Development.

5. A note is to be added to Sheet C-8.0: Typical Lot Layout specifying the developer’s commitment that no single-family home is to have a minimum width less than 30’.

6. A hydraulic analysis will be required to be submitted at the first submittal of a preliminary plan for the PUD. Regardless, staff recommends a second waterline connection to the 30” on Piney Grove Road as redundancy – at the developer’s expense.

7. Upon review of the TIA, please note that a left turn lane into the development will be required.

8. Staff recommends that the new pump station site for this project be required to meet all of the revised criteria to be determined by the Town Board over the next few months (size, landscape, etc.) This includes evaluation of relocation the station to be much farther away from the existing lots adjacent to this project. However, the station must still be situated to easily accommodate moving it downstream in the future.

9. FYI, due to previous problems with odor at Trotters Bluff, the new Pump Station must be required to have odor control equipment installed. This project is proposing the discharge of sewer into a manhole that has previously been the point of discharge for another pump station which caused considerable odor complaints. The developer will be responsible for whatever measures are necessary to address any complaints that are a result for reactivating the manhole as a point of discharge.

10. Documentation that every lot and area in the proposed tributary will flow to the pump station basin must be provided with submittal of first preliminary plan.

11. Utility (line and other) sizes to be further evaluated at preliminary plan submittal. 12. The developer shall provide "tot lots" within the development.

13. The sidewalk at the entrance to the subdivision must be moved to the south

side of the street or a crosswalk must be provided between the greenway trail and the sidewalk as shown on the north side of the street.

Motion By: Sack

Second By: VanFossen

Vote: Unanimous

8. Public Comment – At this time an opportunity was provided for members of the audience to

address the Board on any variety of topics not listed on the night’s agenda. The following comments were offered:

8a, Jonathan Gibbons, 217 W. Ballentine St. – Mr. Gibbons addressed the Board regarding truck traffic and speeding traffic on Ballentine Street. He requested additional and relocated speed limit signs; Children at Play signs; and enforcement of the speed limit

He also referred to noise pollution and suggested that the Board consider an ordinance

requiring noise control devices on trucks on Avent Ferry Road.

Commissioner Atwell asked that noise ordinance be reviewed and tweaked, if necessary.

8b. Kim Slavinsky, 408 W. Elm Ave. -- Ms. Slavinsky is president of the Avent Acres Community Association, and she advised the Board that the Avent Acres community wants input to the library and cultural arts center development and that of the Ballentine Street area greenway. She asked that existing trees and brush be preserved in the development of the library because a mature buffer would be desirable. She asked that a traffic study be conducted to evaluate the impact the development of the library might have on Ballentine Street.

As for the greenway, she suggested that the Town consider an alternative to using an existing sewer easement. She offered the use of Avent Acres Homeowners Association property. She encouraged the Town to use an elevated crosswalk at Ballentine Street because it would calm traffic and be safer for children in the neighborhood.

9. Other Business -- Commissioner Atwell asked if NC 55 “sinkhole” could be repaired as a stop-gap measure before road resurfacing by the state is conducted. Mr. Dean said he would be meeting with NCDOT officials this week and would broach the subject.

10. Manager’s Reports – Mr. Dean reported that schematics for the new Town Hall would be ready for Board review this week. He asked for a lunch meeting of the Board on Nov. 13. The Board agreed to meet in Special Session at noon Tuesday, Nov. 13 in the Town Board Meeting Chambers.

Mr. Dean reported that the Town department heads would be meeting in retreat on Nov. 15 in Coats.

11. Closed Session – In Open Session, Mr. Pearson reported on the case of a condemnation of easement for the Harnett County waterline. He recommend that the Town Board decline the first offer of settlement.

On the case of the Town vs. Fussel, he said a lawsuit is filed and a hearing is scheduled this week for injunction. The Town Attorney suggested that the Town Board give consensus to the following direction: that no more construction or use of the building be allowed until the Fussels file and are granted variances and permits; that permit fees (at an increased amount because they are being collected after the fact of construction) plus expenses of preparing the site for inspection as needed be paid; and if they are declined on any variances or permits, then the injunction resumes. The Board gave this consensus.

Commissioner Sack asked about the status of the Hood case. Mr. Pearson reported that Judge Jolly allowed Mr. Hood 45 days to get his site up to standard. Mr. Hood has done some of the work. Mr. Pearson reported that Mr. Hood did not adequately plant trees nor did he get permits for a storage building. He said the court found him in contempt and ordered him to pay Town attorney fees by Feb. 1. He noted that a contract is on property for its sale and fees will still have to be paid.

Commissioner Atwell noted that Security Self Storage was supposed to plant Leland Cypress trees at the back of the property and that he observed that there are no trees there. Ms. Bobber said trees were in place when she did the landscaping inspection, but that she will follow up because the ordinances require that the trees be replaced if they die.

Action: At this time, the Board approved a motion to enter into Closed Session to discuss specifics in the Lois McDonald condemnation case and the Wake County vs. Holly Springs matter, pursuant to G.S. 143-318.11(3).

Motion By: Atwell

Second By: Sack

Vote: Unanimous

General Account of Closed Session – Nov. 6, 2001

In a brief Closed Session, the Town Attorney gave recommendations in both cases, and the Board agreed with those recommendations. The Board returned to Open Session.

– End of General Account

12. Adjournment – There being no further business for the evening, the Nov. 6, 2001 meeting of the Holly Springs Board of Commissioners was adjourned following a motion by Commissioner Sack, a second by Commissioner Schifano, and a unanimous vote.

[Note: It is noted that results of the day’s municipal election were released to the news media during the Closed Session. Unofficial results were premature and inaccurate, but official results canvassed by the Board of Elections later in the week are as follows:

In the Mayor’s race, candidate Dick Sears defeated current Mayor Parrish L. Womble and candidate Matt Stefanowicz. Results show 921 votes cast for Sears; 652 for Womble; 183 for Stafanowicz; and 10 write-ins.

In the Commissioners’ race, incumbents Hank Dickson and Chet VanFossen were elected along with candidate Steve Tedder. Results show 969 votes cast for Dickson; 658 for Tedder; 636 for VanFossen; 501 for Van Crandall; 493 for George Kimble; 468 for Glenn Myrto; 407 for Don Baxter; 153 for Kevin Nelson; 139 for Dan Grosse; 32 for Andrew Holquist; 31 for Dellababu Doraikannan; and 9 for write-ins.

Winning candidates will be seated and administered the oaths of office on Dec. 4, 2001.]

Respectfully Submitted on Tuesday, Dec. 4, 2001,

________________________________________

Joni Powell, CMC

Town Clerk

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