Ms. Bobber reported to the Board that a representatives of the Oak Hall Homeowners Association had requested that action on this item be deferred. She pointed out to the Board that no notices were issued to residents because this is a subdivision plan, which requires no public hearings or public input.

Commissioner Sack said he felt that Condition No. 3 addressed concerns brought up by members of the Planning Board and that he was satisfied with the recommendation of the Planning Board.

5c. 01-MAS-03, Sunset Ridge Phase 11 - Ms. Bobber explained that the applicant is proposing to construct a single-family residential subdivision consisting of 74 lots on approximately 33 acres between the existing Sunset Ridge Subdivision and Holly Ridge Schools. It is anticipated that this development will be another phase of Sunset ridge and be incorporated into the overall Homeowner's Association.

In giving more background, Ms. Bobber said the proposed plans are providing for two access points from Gable Ridge Drive into this phase as indicated on previous plans for Sunset Ridge prepared by the developer. There is also a new connection to Holly Springs Road as part of this phase, and Holly Springs Road would be widened to the 74-feet back-to-back thoroughfare cross-section.

Ms. Bobber reported that the developer has agreed to help facilitate joint efforts to try and create one "widening" project that will span from the existing Spring Meadow Subdivision all the way to this property, although one small segment of right of way must be obtained to create this widening project.

Ms. Bobber reported that the Planning Board had reviewed the application and recommends approval, contingent upon the developer's satisfying staff review comments and conditions.

Ms. Bobber said that Staff recommendation is approval with the following conditions:

1. Lot 1174 is to be marked as unbuildable.
2. Prior to approval of the final plat, the request for voluntary annexation must be approved by the Town Board of Commissioners.
3. The developer is to pay a fee in lieu of dedication of open space for Sunset Ridge Phase 11 in the amount of $800 per lot.
4. The "Pedestrian Access Easement" is to remain private and not dedicated to the Town.
5. Construction drawing approval will be required before any work may begin.
6. The following items are to be included with are required with the first submittal of construction drawings:
   • Specific details of the pedestrian easement to the schools site are to be provided.
   • Environmental education packets will be required for all lots containing Neuse Riparian Buffers
   • Drainage calculations
   • Additional FFEs as required after drainage review
7. The northern-most connection to Gable Ridge Lane will remain closed until 80% of the homes in this phase have received a Certificate of Occupancy to minimize construction traffic
8. The northern roadway is to be aligned in the center of the available land as submitted to the Planning Board at its meeting and the "left-over" land at that connection be deeded to the adjacent property owners as offered by the developer.

Commissioner Sack said he was concerned about the road closure to all traffic. Mrs. Sudano said the developer has agreed to assist in letting homebuyers in the phase know about

5d. Planning Board/Board of Adjustment Appointments - Ms. Bobber explained that the Board had received copies of applications received from citizens interested in serving on the Planning Board and/or Board of Adjustments, and that all applications received were from in-town citizens. Of the six applications, only one indicated a willingness to serve on either board; the others expressed an interest in only the Planning Board.

She said the Board is asked to appoint an in-town full-time member to the Planning Board to fill the vacated seat of Laverne Cofield. This term expires Dec. 31, 2002.

The Board also is asked to appoint an in-town alternate member to the Board of Adjustment to fill an existing vacancy. This term expires Dec. 31, 2003.

Ms. Bobber also asked that the Board authorize staff to notify Wake County that there remains a vacancy for the ETJ position on the Planning Board as well a vacancy for the position of ETJ-alternate on the Board of Adjustment.

Commissioner Atwell nominated Matt Johnson to be appointed to the Planning Board to fulfill the term of Laverne Cofield.

Commissioner VanFossen said he would like Mike Taylor's application considered.

5e. UDO Steering Committee - Ms. Bobber explained that Bakers & Daniels, the consulting firm contracted by the Town to assist in writing a Unified Development Ordinance, has requested that the Board appoint a steering committee to work with the Department of Planning and Zoning and the consultant throughout the duration of the project, approximately 18 months.

Ms. Bobber suggested that those serving on the original consultant selection committee be appointed to the steering committee, including: Carl Dean, town manager (in lieu of interim town manager Ricky Blackmon, who ends his interim service April 9); John Schifano, town commissioner; Ms. Bobber, director of planning & zoning; Stephanie Sudano, director of engineering; Len Bradley, director of parks & recreation; Jennifer Carr, director of economic development; Lisa Martin, Planning Board member; Wallace Ponder, chairman, Board of Adjustment; and John Wood, chairman of the Commercial Corridor Growth Committee.

In addition, Ms. Bobber, asked the Board to appoint two other members to represent the home-building industry and the development community.

Commissioner Sack put forth the names of Bill Shankle, John Coley and D.R. Bryan.

Commissioner VanFossen said he would support John Coley and D.R. Bryan.

Commissioner Atwell said he would agree with Bill Shankle but felt that Mr. Coley and Mr. Bryan would have a difficult time committing to the project.

Commissioners agreed that they should wait for final appointments until April 17 when they have had a chance to check with potential members from the development community and the home-building community.

5f. Wake County Economic Development Commission - Mr. Blackmon explained that in February 2000, former Mayor Gerald Holleman was appointed by the Town Board to serve as the Holly Springs representative on the Wake County Economic Development Commission. Commissioner Atwell was appointed the alternate and has been attending the every-other-month meetings since Mayor Holleman resigned. Mr. Blackmon reported that Commissioner Atwell has expressed an interest in serving as the Holly Springs representative.

Mr. Blackmon requested that the Board appoint a regular representative and a new alternate to the Wake County Economic Development Commission.

5g. Ordinance 01-08: BFI Franchise Agreement - Mr. Pearson noted some points of fine tuning to the draft version of a proposed franchise agreement in ordinance form with BFI / Holly Springs Disposal. This document encapsulates the agreement between the Town and the construction and demolition landfill company for extended operation through spring of next year and then limited operation through December 2002. The draft changes reflect suggestions from Board members, staff and representatives of BFI.

5h. Thoroughfare Plan - Mr. Mitchell addressed the Board, explaining that engineering staff is proposing amendments to the Town's Thoroughfare Plan that was originally adopted in 1995.

He explained that the Town's Thoroughfare Plan establishes locations for necessary roadway systems and roadway system improvements for efficient vehicular travel through and around the Town. He added that most municipalities in Wake County, like Holly Springs, are requesting thoroughfare plan updates this year. Once completed and adopted by each municipality, the thoroughfare plans are submitted to the Capitol Area Metropolitan Planning Organization (CAMPO) for compilation into one unified thoroughfare plan for Wake County, he said.

In order to achieve a thoroughfare plan that would be unified with all surrounding municipalities, the Engineering Department has participated in meetings with planning officials from the Towns of Apex, Cary, and Fuquay-Varina, Mr. Mitchell said, adding that information shared during these meetings has been incorporated into The Town of Holly Springs Thoroughfare Plan update proposal. As presented, the Town Thoroughfare Plan meshes seamlessly with the thoroughfare plans for Apex, Cary and Fuquay-Varina. Once the countywide thoroughfare plan is accepted and adopted by CAMPO, the plan is forwarded to the North Carolina Department of Transportation (NCDOT) for approval.

Mr. Mitchell reported that all of the portions of the Holly Springs Thoroughfare Plan that occur within the Town of Fuquay-Varina planning jurisdiction have been verbally supported, on a preliminary basis, by the Fuquay-Varina planning department, CAMPO and NCDOT officials. However, all new portions of The Town of Holly Springs Thoroughfare Plan that connect with the Town of Fuquay-Varina plans are subject to acceptance by the Town Board of the Town of Fuquay-Varina, he advised.

Public information meetings on the thoroughfare plan update were held in Holly Springs March 22 and April 2.

Mr. Mitchell reported that the Planning Board reviewed the update on March 27. Due to the complexity of the plan as presented, the Planning Board suggested that the collector streets element of the plan update be removed from the Thoroughfare Plan for further study by the Planning Board; therefore, the Thoroughfare Plan that is being presented to the Town Board consists only of major and minor thoroughfares and existing roadways. Mr. Mitchell noted that NCDOT does not include collector streets in the countywide thoroughfare plan, so their acceptance is not critical for this Town Board meeting.

Commissioner Sack asked if adoption of the Thoroughfare Plan would set the plan in concrete and be applied to new developments.

Mr. Mitchell answered that yes, developers will be required to incorporate the Thoroughfare into their development plans.

5i. Land Loss Prevention Project - Marcus Jimison of the Land Loss Prevention Project and representing plaintiff Jerry Franks in the matter of the South Wake Landfill addressed the Board. He asked that the Town Board not give up its legal attack at this point because the efforts against the landfill in court had been so successful up until the latest order by Judge Donald W. Stephens dated March 16. Mr. Jimison said Judge Stephens' was a one-man decision, and he feels the judge's decision was wrong and should not be the final word on this issue.

He reminded the Board that the Town declined to join the legal challenge two years ago, and he feels this decision became a major litigation obstacle for those in opposition to Wake County. In not joining the challenge at that time, it was interpreted as tacit approval of the permit, Mr. Jimison claimed. He noted that when the Town entered into the fray, it helped.

Mr. Jimison said he felt the Town's continuing being a part of this litigation is vital to final success. He said he does not know how the Court of Appeals decision will land, but if the Town does not participate, it may be argued that the Town is again giving tacit approval. He said that will make it more difficult for his client and the other private litigants.

Mr. Jimison said what the Town does will be looked upon and interpreted by others and may not be interpreted the way it is intended.

Commissioner Atwell asked Mr. Jimison what end result the Land Loss Prevention Project was hoping to see.

Mr. Jimison said his client was working for ultimate denial of the permit for the South Wake Landfill.

No action taken at this time.

5j. Service Truck - Chief Parker addressed the Town Board. Chief Parker said in preparing budget requests for the upcoming fiscal year, he had added the purchase of a new service truck, at a cost of about $250,000. Then, he said, he decided to look for a used truck and found a number of units at more reasonable prices. He said funds are available in his budget this year, but he has to give an immediate decision on some of the units he is considering.

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

6a. Western Waterline - An egineering services proposal with The Wooten Company in the amount of $7,800 for preliminary engineering and assistance with the funding for the extension of waterlines into the western growth area was approved.
A copy of the engineering services proposal is incorporated into these minutes as addendum pages.

6b. Resolution 01-09 - Resolution 01-09 authorizing the Town's Director of Engineering to sign sewer extension permits was adopted.
A copy of Resolution 01-09 is incorporated into these minutes as an addendum page.

6c. Resolution 01-10 - Resolution 01-10 approving refinancing terms to lower interest rate on existing debt was adopted.
A copy of Resolution 01-09 is incorporated into these minutes as addendum pages.

6d. Bond Counsel - The Board approved and entered into a letter of engagement with Robert M. Jessup Jr., Chapel Hill, as bond counsel.
A copy of the letter of engagement is incorporated into these minutes as addendum pages.

6e. Budget Amendments - Budget ordinance amendments for the following accounting procedures and projects were adopted:

1. Allocating merit/performance pay funds to individual departments to cover performance evaluation salary changes.
2. For funding of approved contract for Watson Consulting, LLC to pay Gerald Holleman for professional services rendered to the Town through June 2001.
3. For funds granted by Raleigh Chamber of Commerce to Economic Development Department to use for financial assistance in producing and printing a new Holly Springs map
4. For insurance reimbursements.
5. To cover debt expenditures in General Fund and Utility Fund.
6. To cover bond notes issued for Harnett County water plant capacity, Wake County loan repayment and the Clean Water Grant.

7. Public Comment - At this time, a 15-minute time period was offered for citizens to provide comments on any variety of topics not on the night's agenda. The following comment(s) was/were offered:

Jeffrey Wills, 207 Stonecreek Drive, Apex - Mr. Wills addressed the Board on two issues.

Mr. Wills said that, as a residential properties broker, he urged the Board to continue the legal fight against the landfill.

Secondly, Mr. Wills said, he has concerns about the surface condition of Grigsby Avenue, specifically eroded potholes and cracks in the pavement. He asked that the Board take whatever action possible for repair of Grigsby, whether it means asking NCDOT to fix the problems or doing it ourselves. On the same stretch of road, Mr. Wills said, the curb and gutter ends, and he requests that the Town extend curb and gutter on down the length of the street. He added that there is a lack of street lights also on Grigsby.

Commissioner Sack agreed that Grigsby Avenue is in really bad shape. And, he suggested including Mr. Wills' photographs as exhibits in a letter of request for repairs/resurfacing to NCDOT.

Mr. Blackmon reported that the Town has scheduled to repair potholes on Grigsby Ave., but he realizes it would be only a temporary solution. He said paving is not on the Town's agenda at this time as a Town project because Grigsby is maintained by the State.

Mrs. Sudano updated the Board on streetlights. She said the developer will be putting them in on Grigsby along the frontage of his developed property.

Commissioners also noted that portions of Hwy. 55 in front of Arbor Creek are dangerously in need of resurfacing and repair.

She said she would emphasize Grigsby and Hwy. 55 to NCDOT for resurfacing, and she concurred that paving -- not patching -- would be the only long-term solution.

8. Other Business - Commissioner Sack introduced Mr. Carl Dean, Holly Springs' new town manager.

Commissioner Atwell thanked Ricky for stepping up and doing a great job as interim town manager. He said he has full confidence in him and appreciated his efforts during the last few months. All members of the Board added their own appreciative comments.

9. Town Manager's Reports None.

10. Closed Session - The Board approved a motion to recess for 10 minutes before reconvening and entering Closed Session for the purpose of holding discussions with legal counsel and others regarding appeal of South Wake Landfill permit ruling, pursuant to G.S. 143.318.11(a)(3).

At this time, Mrs. Sudano reported that Holly Springs would be receiving water through the Harnett County water transmission line within a week. The Board then recessed before reconvening in Closed Session.

The Board provided direction to the Town Attorney regarding the landfill litigation issue, instructing the firm to file a notice of appeal of Judge Stephens' order while continuing to explore options.

Commissioner Schifano moved that the Board return to Open Session. Commissioner Sack seconded the motion, which carried unanimously.

No other action was taken in Closed Session.

Adjournment - There being no further business for the evening, the April 3, 2001 meeting of the Holly Springs Board of Commissioners was adjourned at 10:35 p.m. following a motion by Commissioner Sack, a second by Commissioner Van Fossen, and a unanimous vote.

Respectfully Submitted on Tuesday, April 17, 2001,