Town of Holly Springs
Board of Commissioners Regular Meeting
Tuesday, May 1, 2001

MINUTES

The Holly Springs Town Board of Commissioners met in regular session on Tuesday, May 1, 2001 in the Town Board meeting chambers, located in Town Hall, 128 S. Main St. Mayor Parrish L. Womble 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, Chet VanFossen, Peter Atwell and Hank Dickson and Mayor Womble.

Board Members Absent: None.

Staff Members Present: Carl G. Dean, town manager; Ernest C. Pearson, town attorney; Joni Powell, town clerk (recording the minutes); Stephanie Sudano, director of engineering; Len Bradley, director of parks and recreation; Gina Bobber, planning director; and Jennifer Carr, director of economic development.

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

4. Agenda Adjustment - The May 1, 2001 meeting agenda was adopted with changes, if any, as listed below.

5a. Public Hearing: Corrugated Containers - Ms. Carr introduced the topic of this opportunity for public comment. Ms. Carr explained that part of the process of administering an economic development grant is the closing out of the project upon its completion. In April 1998, the Town accepted $224,140 in CDBG - Economic Development funds to extend water and sewer lines and a street to the property in the industrial park where Corrugated Containers is located. The grant was augmented by the Town's share of the project, $29,714 (Powell Bill funds) and $45,000 in funds provided by N.C. DOT.

The work is completed, Corrugated Container is settled on the site and all that remains is to close out the grant project, Ms. Carr said.

With that explanation completed, Mayor Womble opened the public hearing.

No comments were offered on the project, and the public hearing was closed.

6a. Ordinance 01-09: BFI Franchise - Mr. Pearson explained that the Board had before it for consideration Ordinance 01-09, an amendment to the BFI franchise agreement ordinance (Ordinance 01-08) adopted previously by the Board. The new ordinance represents wording changes that have been directed by the State, Mr. Pearson said.

The Town Attorney reminded the Board that the first reading of this ordinance was added to the April 17 agenda when it was read and passed.

6b. Resolution 01-13: Water Conservation Season - Mrs. Sudano explained that in December 1995, the Town Board directed staff to embark upon an ambitious project to secure a water supply sufficient to serve the growing needs of Holly Springs. After six years, the Town now owns a 2-million-gallon-per-day share of the Harnett County plant capacity, with the option to purchase additional capacity. In addition, the Town owns a water transmission line capable of delivering 9.8 mgpd to the Town. These changes in the Town's water supply have prompted the revisiting one of the Town's ordinances, which was developed during periods of more critical water supply, Mrs. Sudano explained.

The Water Conservation Ordinance sets out a schedule of lawn irrigation, restricting residents with even addresses to irrigating their lawns only on Tuesday, Thursday and Saturday; and residents with odd addresses to irrigating only on Wednesday, Friday and Sunday. According to the ordinance, no irrigation is to take place on Monday or anytime during the daytime hours on any day after 7 a.m. or before 7 p.m. when water would be lost to evaporation.

Due to the Town's additional water supply that will be available this summer, however, Mrs. Sudano suggested that the Town Board lift the mandatory nature of the annual Water Conservation Season (May 1 through Sept. 30) and encourage residents to voluntarily follow the schedule.

Mrs. Sudano said that the Town should have the water supply available to handle unrestricted, but responsible, irrigation demands this summer. By lifting the mandatory seasonal restrictions this summer (and making conservation on a voluntary basis), water sales may increase, which would be helpful in beginning to pay for the costs of installing the waterline, she added.

Mrs. Sudano suggested that any additional revenues collected, as much as feasible, be paid toward retiring the debt incurred for the Harnett County Water Project.

In discussion, Commissioner Sack said he understands the reasoning behind the proposed resolution, but he feels that the Town should not lift all restrictions. He said he feels the Town should retain some semblance of a conservation season. He suggested that the Town stick with the mandatory daily schedule, but eliminate the time restrictions.

Commissioner Atwell asked about the Town's plans of action over the next few years in relation to the Harnett County waterline. Mrs. Sudano explained that she and the town manager have been meeting with Harnett County officials to arrange for future incremental water purchases through the transmission line, which is capable of delivering up to 9.8 million gallons of water a day.

Mrs. Sudano said that it is exciting that the Town has a plentiful water supply in place but that the excitement needs to be somewhat tempered by an attitude that encourages responsible use of natural resources. She said she felt lifting the mandatory aspect of the ordinance would accomplish that, and she added that the Town could step up its public education efforts to teach citizens how to use water more responsibly.

Commissioner Sack said the Town is in an enviable position but he is worried about how the State will interpret the Town's amending its conservation efforts. He said the Town should be careful as it is relying on the State to decide on whether or not to issue Holly Springs a wastewater treatment plant expansion permit. He said it was important to maintain a conservative attitude as a Town and that with mandatory conservation schedules, it would at least spread the water usage throughout the week.

Commissioner Schifano said he appreciates Commissioner Sack's position, but believes the Town should revel in the success of the project and that the market would control use because of the price of water. He added that the Town could always reinstate mandatory measures, if needed.

Commissioner VanFossen said he didn't believe the public would react badly to the lifting of mandatory restrictions because they will not be able to afford to waste water. He also suggested that the Town consider adjusting the rate, even by a slight decrease. He also stressed that the Town should launch a public education campaign about water conservation.

Mayor Womble called for a vote on the motion. The motion carried.

6c. Transportation Advisory Committee - The Board approved a motion to appoint Commissioner Sack to the Transportation Advisory Committee policy arm of the Capital Area Metropolitan Planning Organization as a regular voting member.

7. Consent Agenda - The only item on the Consent Agenda was approved following a motion by Commissioner Sack, a second by Commissioner Atwell and a unanimous vote. The following action was affected:

7a. Minutes -- Minutes of the Board's regular meeting held on April 17, 2001 were approved.

8. 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.

9. Other Business: Mr. Pearson reported that the Joel Williams vs. the Town Holly Springs regarding a condemnation goes to trial next week. He urged the mayor to attend since it is such an important case.

Ms. Bobber reported to the Board that the Town would be notifying Wake County that a vacancy exists on the Holly Springs Planning Board for a resident representing the extraterritorial jurisdiction of the Town and on the Board of Adjustment for an ETJ alternate member.

Commissioner Atwell suggested that the Town issue a direct mailing in the ETJ to recruit potential representatives.

The Board agreed that the Town should try direct recruiting in the ETJ before notifying Wake County.

Mayor Womble reported that the General Federal Woman's Club of Holly Springs was awarded with the first place prize for projects at a recent state convention.

Mayor Womble advised the Board that an elected official from Holly Springs is needed to serve on the task force for the watershed management plan. Commissioner Schifano expressed an interest as did Commissioner VanFossen.

By consensus, the Board named Commissioner VanFossen to the watershed management plan team.

Mayor Womble reported to the Board that the Wake County SPCA is in the process of building a new facility on Tryon Road. He urged the Town Board to support the project since Holly Springs Animal Control will using the facility. He asked the Board to consider a grant from Holly Springs in the amount of $30,000 representing a $10,000 annual commitment for three years.

Commissioner Sack, Atwell and VanFossen expressed support and suggested that the Board take a look at the budget and make a decision based on what the budget can handle in the next year. Commissioners said the Town may find that it is in a position to contribute more than $20,000.

10. Manager's Reports: Mr. Dean reminded the Town Board of the upcoming Town Hall Day on May 23 in Raleigh. He said he expects to present the Town Board with a recommended FY 2001-02 budget at the May 15 meeting. After that time, he said, the Board could schedule a workshop to discuss and refine the budget plan, if needed.

11. Closed Session - The Board approved a motion to go into Closed Session, pursuant to G.S. 143-318.11(8)(3), to discuss pending lititgation, particularly the Joel Williams vs. The Town of Holly Springs matter.

Mr. Pearson provided information to the Board regarding the condemnation case in which a property owner claims the Town did not offer adequate compensation. He asked the Board to consider a motion in open session to ratify a judgement settlement offer of $25,000.

The Board also discussed with its attorney several specific potential avenues of action in the pending landfill appeal litigation.

Adjournment - There being no further business for the evening, the May 1, 2001 meeting of the Holly Springs Board of Commissioners was adjourned at 8:57 p.m. following a motion by Commissioner Schifano, a second by Commissioner Sack, and a unanimous vote.

Respectfully Submitted on Tuesday, May 15, 2001,