Town of Holly Springs
Board of Commissioners Regular
Meeting
Tuesday, April 1, 2003
MINUTES
The Holly
Springs Town Board of Commissioners met in regular session on Tuesday, April 1,
2003 in the cafeteria of the W. E. Hunt Community Center, located at 301
Stinson Ave. Mayor Dick Sears presided,
calling the meeting to order at 7:10 p.m.
A quorum was established as the mayor and all five board members were
present as the meeting opened.
Board
Members Present: Commissioners Steve Tedder, Chet
VanFossen, Peter Atwell, John Schifano and Hank Dickson and Mayor Sears.
Board
Members Absent:
None.
Staff
Members Present: Carl
Dean, town manager; Chuck Simmons, assistant town manager; Ernest C. Pearson,
town attorney; Joni Powell, town clerk (recording the minutes); Linda Harper,
deputy town clerk; Len Bradley, parks and recreation director; Drew Holland,
finance director; Kendra Thompson, senior engineer; Stephanie L. Sudano,
director of engineering; Heather Keefer, CFM engineering department; Alysia
Bailey, town planner; and Eric Tayler, IT technician.
2 and
3. The pledge of allegiance was recited, and the meeting
opened with an invocation by Rev. Don Brown, pastor of The Village Church of
Holly Springs.
At this time, Commissioner VanFossen
displayed new Holly Springs bumper stickers in the OBX tradition that are
available for sale from the Holly Springs Chamber of Commerce.
4. Agenda Adjustment ‑ The April 1, 2003 meeting
agenda was adopted with changes, as listed below.
Motion By: Dickson
Second By: Atwell
Vote: Unanimous.
Items Added to the Agenda:
None.
Agenda Items Removed: None.
Other Changes: None.
5a. Wake County Regional Wastewater Treatment
Study - Mrs. Sudano
said that she had asked Tommy Esqueda, the Consultant Project Manager for the
Wake County Regional Wastewater Treatment Study, to make a presentation at this
meeting. The presentation covered the
work accomplished to date by the Project Guidance Team and the Technical
Management Team, as well as work yet to be accomplished. The Town of Holly Springs embarked upon this
project last May, with partners Wake County, Apex, Fuquay‑Varina,
Morrisville, and Cary. To date, the Town
of Holly Springs has expended approximately $75,000 (or 17% of the total
contract) for this work.
Action: None.
5b. Local and Economic Development Activities
Updates - Mrs.
Mizelle introduced Ken Atkins, executive director of Wake County Economic
Development Program of the Greater Raleigh Chamber of Commerce, and Mr. John
Nelms, director of Existing Industry, to the Board members.
Mr. Atkins and Mr. Nelms updated the
Board on local and regional economic development activities.
Action: None.
6. Consent Agenda ‑All items on the Consent
Agenda were approved following a motion by Commissioner Dickson, a second by
Commissioner Atwell and a unanimous vote.
The following actions were affected:
6a. Budget Amendment $3,655
-The board adopted a budget amendment to the FY 2002‑03 budget in the
amount of $3,655 to receive insurance proceeds for damages to a public safety
vehicle. A copy of the budget
amendment is incorporated into these minutes as an addendum page.
6b. Budget Amendment $2,500
-The board adopted a budget amendment to the FY 2002‑03 budget in the
amount of $2,500 to receive a donation from Progress Energy to purchase a
portrait of George Washington for the new town hall. Copy of
the budget amendment is incorporated into these minutes as an addendum
page.
6c. Budget Amendment $54,560 - The board
adopted budget amendments to the FY 2002‑03 budget in the amount of $54,560
to receive funds from FEMA to cover damages of the December ice storm. Copies of
the budget amendments are incorporated into these minutes as addendum
pages.
6d. CVS Pharmacy Development Plan
02-DP-03 Amendment - The board approved amended CVS Pharmacy
Development Plan 02-DP-03 conditions of approval to amend condition #1 and add
condition #8 as follows: “#1. A recombination plat shall be submitted for
review and approval and recorded according to town standards prior to
Construction Drawing approval. This plat
must include the following:
* A cross‑access easement for the shared driveway along the north
property line
* Right‑of‑Way dedication for both Holly Springs Road and
Sunset Lake Road.”
“#8.
A plat shall be submitted for review and approval and recorded to create
an easement to allow for the Town of Holly Springs to maintain the
gateway/landmark feature after it is constructed at the intersection of Sunset
Lake Road and Holly Springs Road according to town standards prior to issuance
of a Certificate of UDO Compliance.”
6e. Town Hall Project Change
Orders - The board approved six (6) change orders to the Town Hall
construction project as follows:
#1. CRX‑34:
Change 12 voice data conduit from 3/4" to 1 1/2 ", larger back
box.... $1,604.98; #2. CRX‑35:
Add 5 PVC telephone conduits
............................................................ $6,346.80;
#3. CRX‑37:
Replace fiberglass cupola with aluminum cupola (credit)....……..... ($10,000.00);
#4. CRX‑38:
Credit of signage allowance, owner to provide (credit)
.................... ($25,000.00);
#5. CRX‑39:
Credit of unused portion of door hardware allowance
(credit).......... ($22,618.67);
#6. CRX‑41:
Extend 3 voice/data conduit from basement to first floor server....…....
$7,651.85
The net credit to the Town of all of
the above referenced change orders is $42,015.04.
6f. Town Charter Update - The Board endorsed
the introduction of a local bill to update the Town of Holly Springs charter as
provided by Representative Paul Stam and town staff.
7a. Virtual Animation Project Contract - Mrs. Mizelle explained that she and
Mr. Dean have been considering various and ongoing methods to market the Holly
Springs Business Park. A major challenge
continues to be the inability to view the undeveloped property that encompasses
250 acres, she said. Due to lack of road
access, it is necessary to describe the property with aerial photos and maps,
she added.
Mrs. Mizelle reported that after
discussions with Little & Associates and Skyscraper Digital, staff is
submitting a proposal to develop a virtual tour to highlight the benefits of
locating a business in Holly Springs.
The tour would consist of three sections: I. Introduction II. Holly
Springs Business Park and III. Quality of Life.
Mrs. Mizelle said that she was in
the process of scheduling a presentation of the product to Progress Energy to
seek that company’s participation in this economic development marketing effort
and that any contribution from Progress Energy would be used to offset the
total cost of the project. In the event
other partners are not secured, the town has funds to cover the base contract
of cost $19,400, she added.
Mr. Jason Bizarro, design consultant
of Skysraper Digital, gave a demonstration of the product and answered
questions.
Action: The Board approved a motion to
enter a contract in the amount of $19,400 with Skyscraper Digital for creation
of a virtual animation project.
Motion By: Tedder
Second By: Atwell
Vote: Unanimous.
A copy of the Skyscraper Digital contract is
incorporated into these minutes as addendum pages.
7b. Bass Lake Visitor Center Construction Bid - Mr. Bradley said that recently the Town Board
agreed with staff to rebid the construction of the Bass Lake retreat center
with slightly revised construction plans.
This was done in an effort to reduce the cost of the project to within
more acceptable levels.
The new bids from six bidders were opened
on Monday, March 31. Mr. Bradley
reported that the bids ranged from a low of $638,600 to a high of $889,000.
Mr. Bradley explained that the bid
form also included eight alternates:
Alternate 1 = reduce number of piers
and replace glulam girders.
Alternate 2 = upgrade lobby area
wall finish from painted sheetrock to cedar paneling.
Alternate 3 = upgrade of
wainscotting in the multi-purpose room from pine to cherry.
Alternate 4 = delete curb and gutter
and add bumpers to parking area.
Alternate 5 = upgrade of floor
finish in multi-purpose room.
Alternate 6 = upgrade of floor
finishes in restrooms.
Alternate 7 = upgrade floor finish
to hardwood floors.
Alternate 8 = reduce door sizes in
conference room.
Mr. Dean suggested that the Town
Board award the construction bid to low bidder RP Construction with Alternates
4 and 5 included along with any other alternates that could be negotiated
within the $653,600 bid amount. He said
that would provide the upgraded flooring in the multi-purpose room and bumpers
for the parking lot and still be within reach of the originally anticipated
project cost of $650,000. He added that
if the Town Board would set the cap at $653,600 on this evening, then the
project could proceed through financing approval with the Local Government
Commission and the Town could take advantage of an extremely favorable interest
rate on the loan.
Mr. Dean said negotiations could
take place with the low bidder to add other alternative work to the scope of
the project within the approved amount of $653,600.
Action: The Board approved a motion to
award the Bass Lake Retreat Center construction contract to low bidder RP
Construction at a cost not to exceed $653,600 to include a minimum of Alternate
4 (delete curb and gutter and add bumpers in parking area) and Alternate 5
(upgrade floor finish in the multi-purpose room) and as many other desired
alternates as possible within that contract amount.
Motion By: Dickson
Second By: Atwell
Vote: The motion carried,
4-1. Commissioners Tedder, Atwell and
Dickson voted for. Commissioner
VanFossen, who had worked on the design of the project, abstained (counted as a
“for”). Commissioner Schifano, who
questioned the need for upgraded floor finishes, voted against.
A copy of the RP Construction contract is on file in
the Town Clerk’s office until its disposition in accordance with the Town of
Holly Springs Record Retention and Disposition Schedule.
7c. Braxton Village Recreation 03-DP-01 Site Plan
- Ms. Bailey
explained to the Board that this proposal is for the consideration of a
recreation facility in Braxton Village Phases 5 and 6, located in Braxton
Village Planned Unit Development. The
recreation facility would be located on an approximately 1.25-acre site, and
would include a pool, pool house, and a playground area.
The plan indicates that the building
has been designed to compliment the surrounding residential development. The building would be comprised of horizontal
siding and a pitched roof.
Engineering Department comments on the
plan state that water and sewer services would be brought to the site by the
developer and that a backflow prevention device would be required on the water
service. The site is adjacent to a flood
area and would be required to provide the town with updated flood information
during the construction drawing review process.
Ms. Bailey said that staff and
Planning Board had reviewed the plan and recommend approval of the recreation
facility plan with conditions.
Action: The Board approved a
motion to approve development plan 03‑DP‑01 for Braxton Village
Recreational Open Space as submitted by Jera, Inc., with the following
conditions:
1.
A minor subdivision for the recreation site must be submitted prior to
receiving construction drawing approval.
2.
The following items are to be included on construction drawings:
•
This site must be verified with the flood study to see if there are any
impacts. If any fill is placed in or
near the flood area, the flood study will have to be revised accordingly. It appears that based on the site plan, there
will be some fill placed in the flood area.
Motion By: Schifano
Second By: Dickson
Vote: Unanimous.
7d. New Town Hall Telephone Systems - Mr. Simmons said that with the move to the new
Town Hall facility fast approaching, an issue that needs to be addressed is the
potential upgrade of the telephone system.
The current Nortel telephone system that is being utilized by the Town
must be expanded in the coming fiscal year to accommodate a growing number of
users.
Mr. Simmons explained that the cost
to upgrade the existing telephone system would be $20,540, which would allow
additional users to be connected to the system.
While the Nortel system being utilized by the Town has functioned
adequately since its installation, he said, it is becoming obsolete with age
due to growing numbers of discontinued replacement parts, etc.
He added that more frequent Sprint
service calls also are necessary with the current telephone system.
Mr. Simmons said that with the need
to make a decision to upgrade the telephone system, alternative plans utilizing
VOIP (Voice Over Internet Protocol) technology have been investigated by the
Town. Initially proposed by Sprint, the
VOIP setup would prove to be more flexible, easily expandable and result in
substantial savings in terms of telephone line charges and certain maintenance
expenses.
Mr. Simmons reviewed the following
three proposals for VOIP systems. Mr.
Simmons broke the quotes down to show initial hardware cost, annual service
fees, and 60-month lease‑purchase payments.
|
Vendor |
Purchase Cost |
Annual Service Fees |
Monthly
Service & Lease Cost |
|
Alpha-Gamma Technologies Inc. (3-Com) |
$67,562 |
$3,500 |
$1,930 $1 Buy-out |
|
NCT (Sisco) |
$92,716.60 |
$3,203.95 |
$2,333.14 5% Buy-out |
|
Sprint (Sisco) |
$87,750 |
$9,532 |
$2,751.18 $1 Buy-out |
Mr. Simmons said that staff’s
research indicates that all three firms submitting the above quotes are
qualified to submit a bid and could provide a satisfactory level of service to
the Town.
Mr. Simmons said that Alpha‑Gamma
Technologies provided the Town with the most cost-effective quote, as indicated
above. AGT has offices in RTP and Falls
of the Neuse and has VOIP contracts with IBM, Compaq, and EPA. He said he would recommend that the Town
Board award the proposal for a VOIP telephone system to Alpha-Gamma
Technologies and to either enter into a 60-month lease purchase/service
agreement or to buy it outright with installment financing.
Mr. Simmons said he had been advised
that if the Town were to borrow the money to purchase the system, the monthly
payment may be as much as $300 less per month than the monthly lease cost.
The system is not proprietary,
assured a spokesman of the Alpha-Gamma Technologies.
Action: The Board approved a motion to
award the proposal from Alpha-Gamma Technologies for a Voice-Over Internet
Protocol telephone system to be purchased by way of
an outright
purchase using installment financing to provide the purchase cost of $67,562.
Motion By: Schifano
Second By: Tedder
Vote: Unanimous.
7e. North Carolina League of Municipalities Storm
2003 CD package - Ms. Keefer, the Town’s certified floodplain
manager, explained to the Board that the Town has been federally designated by
the U.S. Environmental Protection Agency to comply with the National Pollutant
Discharge Elimination System (NPDES) Phase II regulations.
She said the Town was notified by
the State of North Carolina, Division of Water Quality (NCDWQ) on November 6,
2002 that it is required to develop a stormwater management program and apply
for stormwater permit coverage. The
deadline for this application is June 6, 2004.
Ms. Keefer said that in efforts to
assist the communities with the planning required to comply with the NPDES
Phase II regulations, the North Carolina League of Municipalities has designed
an interactive program to address this issue.
This program contains two compact discs.
One CD contains programs to perform a needs assessment of the community
along with educational tools in respect to the new regulations. The second CD is the actual NPDES application
used by NCDWQ.
Ms. Keefer indicated that four half‑day
work sessions and technical support from the League’s consultants, AMEC‑Earth
& Environmental, are included with the CD package. With this CD package the engineering
department would have the ability to do more of the legwork required to design
a comprehensive NPDES Phase II program with a reduced need of assistance from
an outside consultant, she added.
Action: The Board approved a motion to
purchase the Storm 2003 CD package from the North Carolina League of
Municipalities in the amount of $5,000.
Motion By: Tedder
Second By: Atwell
Vote: Unanimous.
A copy of the North Carolina League of Municipalities purchase
agreement for Storm 2003 CD assistance package is incorporated into these
minutes as addendum pages.
7f. Stinson Avenue Surveying - Mrs. Thompson said that the
approved 2002 Transportation Capital Improvement Plan includes the complete
connection of Stinson Avenue within the next 18 months. A portion of Stinson
Avenue currently is a dirt road along the property line of Womble Park. A second portion is paved and is located at
the back of Remington subdivision. The connection of both portions of Stinson
Avenue is desirable to provide an east‑west interconnection and provide
additional access to Womble Park, she said.
Mrs. Thompson explained that the
next step is to move forward with the surveying, and she noted that additional
wetland and flood surveys may need to be completed at a later date. She added that the proposal before the board
also includes the surveying of the park area for parking.
Mrs. Thompson said that once surveys
are complete, two additional parking lots can be designed. The road design would be prepared in-house,
and design of the planned parking lots is to be determined.
Action: The Board approved a motion to
approve a proposal from Mauldin‑Watkins Surveying in the amount of
$12,287 (including a 10% contingency) for surveying of Stinson Avenue and
Womble Park parking areas.
Motion By: Dickson
Second By: Tedder
Vote: Unanimous.
A copy of the Mauldin-Watkins Surveying contract is
incorporated into these minutes as addendum pages.
7g. NC 55 and Holly Springs Road Intersection
Improvement Alternatives - Mrs. Thompson explained that at
the March 4, 2003 Town Board meeting a decision was made to proceed under
scenario #3 from the February 18, 2003 Transportation Workshop.
Based on the outcome of this cost,
she said, the need for modifications may be necessary. The proposal before the Board tonight is to
enter into a professional services agreement that would enable the Town to
proceed with determination of bid alternates.
Mrs. Thompson said that the
professional services proposal would get the Town only to the alternate
selection phase. Any additional services
necessary for scenario #3 would have to be covered under a separate contract
that would be brought before the Board at a later date, she said.
Action: The Board approved a
motion to approve a professional services agreement from CH Engineering in the
amount of $9,700 (including $1,000 as a contingency) for exploring the NC 55
and Holly Springs Road intersection project Scenario #3 and provide improvement
alternatives.
Motion By: Atwell
Second By: Dickson
Vote: Unanimous.
A copy of the CH Engineering contract is incorporated
into these minutes as addendum pages.
At this time, Mrs. Thompson reported to
the Board that a consultant selection committee had interviewed local top
design consultants in connection with the Sunset Lake Road and Holly Springs
Road intersection project. She reported
that the committee had recommended that the Town negotiate with Barbara Mulkey
Engineering. If negotiations are not
successful, the second-ranked design firm was Kimley-Horne, she said.
Mrs. Thompson said her report is for
the Town Board’s information and not for consideration of action. She said the engineering department just
wants to keep the Town Board advised of progress on the project.
7h. Linksland Drive to Holly Springs Road
Sidewalk Connection -
Mrs. Thompson said staff is proposing construction of a sidewalk connection
between the existing Linksland Drive sidewalk and the existing Holly Springs
Road sidewalk. Currently, she said,
there is not a direct connection between the two portions of sidewalk, and
pedestrians have to cut across two vacant properties. The opening of the
schools and the development across Holly Springs Road has increased the need to
provide safe pedestrian access, she added.
Mrs. Thompson said that a land
survey was conducted on the two parcels, and Town staff has developed a
in-house plan to construct this portion of the sidewalk. The Sunset Ridge Home
Owners Association has signed a deed of easement for the sidewalk and has had
direct input with the design and the exact location of the sidewalk, she said.
Gelder and Associates, Inc. provided
a quote in the amount of $9,968.50 for constructing the sidewalk.
Action: The Board approved a motion to
approve a proposal from Gelder & Associates, Inc. for construction of
sidewalk to connect Linksland Drive and Holly Springs Road in the amount of
$12,000 to include contingency and $1,500 for repairs of the existing
irrigation system, if it is necessary.
Motion By: Schifano
Second By: Atwell
Vote: Unanimous.
A copy of the Gelder & Associates contract is
incorporated into these minutes as addendum pages.
8a. Unfinished Business: New Town Hall Security
System - Mr. Brian Simpson, architect of the new Holly
Springs Town Hall, addressed the Board.
He explained that this topic had been the subject of lengthy discussion
at the Board’s March 18th meeting.
Mr. Simpson said that on March 18,
the Town Board compared proposals from ADT and Sonitrol. Following the meeting, another security firm,
Secur‑Tek, requested to be considered.
Mr. Simpson reviewed with Board
members the following access control/security proposal breakdowns:
ADT: In terms of the actual systems being
proposed, the ADT submittal is essentially the same as the first Sonitrol
proposal. The initial purchase cost of
this system is $45,409 plus an annual maintenance contract of $4,632. A breakdown of what this annual fee provides
is not available.
Secur‑Tek: This company has been in business since 1990,
and the system it proposes to install is nonproprietary in nature. A one‑year warranty is offered, with
service repairs thereafter being billed at a charge of $65 per hour.
The price breakdown for the Secur‑Tek
proposal is essentially the same as ADT and Sonitrol (with any significant
additions noted) and are as follows:
Security system ‑ $5,882.53
(exclusive to the security system are 36 window contacts,
eight zone
expanders, a second keypad and a motion detector for the evidence room;
Video surveillance ‑
$12,905.07; and
Access control system ‑
$44,327.51.
Total cost with 6% discount would be
$59,328.20 plus $1,800 bond, if required by the Town Board.
Sonitrol: The initial cost associated with the first
Sonitrol proposal is $44,249. Included
within the initial Sonitrol proposal is a service contract for years 2‑5
that includes a labor / diagnostic warranty ($250/month or $8.22/day); database
management ($50/month or $1.64/day); and security monitoring ($100/month or
$3.28/day).
It should be noted that the Town has
the alternative to pick all, some or none of these levels of monthly service,
Mr. Simpson said.
Scaled‑Down Sonitrol Proposal: In the event that a scaled‑down
version of the initial Sonitrol proposal is preferred – as was indicated may be
the case – the Town has the following option, Mr. Simpson said:
Excludes all video and audio devices
that are in the initial proposal; the Town would access its own database, and
the Police Department would monitor doors only for alarms; panic alarms would
still be available for use under this scenario and could be tied to the Public
Safety computer; Sonitrol is called only in the event of system breakdowns, and
no monthly service fee of any kind is charged.
The cost for the controlled access
only option is $27,810.
Advantages associated with this
option are primarily the lower initial cost.
Disadvantages would be: with no
electronic monitoring system in place under this scenario, there is one less
deterrent to a potential break‑in; and as many as two dedicated phone
lines would be necessary for the Police Department to oversee this system,
which would require a monthly expenditure.
Standard Lock and Key Option: The Town has $22,618.67 allocated for this
expense. Duke Construction is under
contract to install this type of lock and key system throughout the Town Hall
facility, unless a decision is made by the Town Board to go in another
direction.
Advantages associated with this
option are primarily the lower initial cost.
Disadvantages of this system
alternative are the potential significant costs associated with periodically
changing out the existing lock system due to concerns over keys’ being copied
or becoming missing; and with no electronic monitoring system in place under
this scenario, there is one less deterrent to a potential break‑in.
Chief Cecil Parker had said in an
email communication to the Town Board that he would recommend that the Board go
with the full Sonitrol option, especially since his department would not be
equipped or prepared to provide full security until the new police station is
completed.
Mr. Simpson said staff recommends
that the Town Board enter into a contract with Sonitrol to purchase the card
access and audio security system with one year of full service and then decide
what level of monitoring to proceed with in the future. The cost of this option is $41,670 plus tax.
Commissioner Schifano suggested that
the Town Board go with Sonitrol but let staff manage the database in order to
save $50 per month, or $600 per year.
Commissioner Atwell pointed out that
the database management is included in the first year of the purchase anyway
and that the Town would have to purchase the software in order to provide
in-house management of the database.
Commissioner Tedder agreed.
Action: The Board approved a motion to award a contract to
Sonitrol Inc. for card control access, audio security and monitoring services
for an all-inclusive cost for the first year in the amount of $41,670.
Motion By: Tedder
Second By: Atwell
Vote: Motion carried
4-1. Commissioners Tedder, VanFossen,
Atwell and Dickson voted for.
Commissioner Schifano voted against.
9. Public Comment – At this time, an opportunity was
provided for members of the audience who had registered to speak to address the
Board on any variety of topics not listed on the night’s agenda. The following citizens were heard:
Mr. Robert Blake, 321 Sycamore Creek Drive –
Mr. Blake addressed the Board with his concern that optional roadways in
future development phases of Holly Glen are planned to be the same width as his
street, which he feels -- at 27 feet -- will be too narrow to handle through
traffic. He said he is concerned that
there are no feeder roads indicated on development plans that are wider than 27
feet.
10. Other Business: Mr. Pearson reported that
the chief bill drafter at the General Assembly is recommending that the Town
combine its pending clear-cutting legislation with the pending town charter
revision legislation. The Town Board
agreed that this would be a prudent move.
Commissioner Schifano said he would
like to see staff resume pursuing having town board meetings video taped and
broadcast over cable television or through internet video streaming or
both. The Board directed that staff
investigate options and report back to the Town Board on this topic.
11. Manager’s Reports – None
12. Closed Session - The Board approved a motion to
enter Closed Session, pursuant to G.S. 143-318.11(a)(3), to discuss with the
Town Attorney litigation matters, including the landfill appeal, settlement
authority in Holly Springs vs. Margaret Lee Parker; and Quality Food
Mart vs. Holly Springs; and pursuant to G.S. 143-318.11(a)(4) to discuss
matters relating to the location or expansion of an economic development
project; and to give staff direction as to the acquisition of real property,
pursuant to G.S. 143-318.11(a)(5).
Motion: Schifano
Second: Atwell
Vote: Unanimous
General Account
Closed Session – April 1, 2003
The Board, staff and the Town
Attorney discussed a number of topics, including the Town’s property on Main
Street; a pending contract with Progress Energy for water and reuse water
services; the North Carolina Supreme Court’s decision to deny the Town’s
request that its case against the landfill be reviewed; and three separate
condemnation matters.
– End
General Account
Action: The Board approved a
motion to reenter Open Session.
Motion By: Schifano
Second By: Atwell
Vote: Unanimous
Action: Upon returning to Open Session, the
Board approved a motion to seal the minutes of the Closed Session until such
time as the purposes of the Closed Session would no longer be frustrated by the
release of the information. (Following settlement of sale of property on Main
Street; Bible Way condemnation; and Margaret Lee Parker vs. Holly Springs)
Motion By: VanFossen
Second By: Dickson
Vote: Unanimous
Action: The Board approved a
motion to approve both the initial offer amount and maximum offer amounts as
summarized in Closed Session for the acquisition of right of way on Bible Way
Court.
Motion By: VanFossen
Second By: Dickson
Vote: Unanimous
13. Adjournment – There being no further business for the evening,
the April 1, 2003 meeting of the Holly Springs Board of Commissioners was
adjourned at 10:50 p.m. following a motion by Commissioner Dickson, a second by
Commissioner Atwell and a unanimous vote.
Respectfully
Submitted on Tuesday, May 6, 2003.
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
Joni
Powell, CMC
Town Clerk
Addendum pages as referenced in these minutes follow and are a part of the official record.
Town of Holly Springs
Board of Commissioners Regular
Meeting
Tuesday, April 1, 2003
MINUTES
The Holly
Springs Town Board of Commissioners met in Closed Session on Tuesday, April 1,
2003 in the cafeteria of the W. E. Hunt Community Center, located at 301
Stinson Ave. A quorum was established as
the mayor and all five board members were present as the Closed Session
convened.
Board
Members Present: Commissioners Tedder, Schifano, VanFossen, Atwell and Dickson
and Mayor Dick Sears.
Staff
Members Present: Ernest C. Pearson, town attorney; Joni Powell, town clerk
(recording the minutes); Carl G. Dean, town manager; Chuck Simmons, assistant
town manager; Stephanie L. Sudano, director of engineering; and Kendra
Thompson, senior engineer.
General
Account Closed Session – April 1, 2003
Mr. Dean reported to the Board that
the Town has received an offer to purchase the fire station and fire department
property on Main Street at the appraised value of $425,000 with a provision
that the purchaser would lease the facilities back to the Town until the police
department and fire station are relocated.
The Board indicated that Mr. Dean should proceed further with this
opportunity.
Mr. Dean reported to the Board that
he and staff would be bringing to the Town Board in the next one or two
meetings a finalized contract proposal with Progress Energy for reuse and water
services.
Mr. Pearson reported that the North
Carolina Supreme Court had denied the Town’s request that its case against the
landfill be reviewed for possible appeal.
Board members discussed the various political approaches to this issue.
Mr. Pearson asked for the Town Board
for direction regarding whether or not to pursue attorney fees in the Quality
Food Mart vs. Holly Springs case, which has been dismissed. Because the Town is going to have to deal with
the plaintiffs in the future with right of way acquisition with improvements at
the intersection of Holly Springs Road and NC 55, the Board said to forgive the
attorney fees.
Mr. Pearson asked for the Board’s
direction in the Holly Springs vs. Margaret Lee Parker condemnation
case. He said the Town’s appraisal had
come in at a reasonable $25,000 per acre.
Total taking was a little over an acre for a sewer easement, he
reported; however, Mrs. Parker’s attorneys are asking quite a bit more in
damages.
The Board authorized Town Attorney
to settle for no more than $25,000. And
noted that the property is now serviceable with sewer because of that easement,
therefore more valuable rather than devalued.
Mrs. Thompson explained to the Board
that staff is pursuing acquisition of right of way for the NC 55 and Holly
Springs Road intersection improvements.
She said that the appraisal committee had recommended to start off with
offers at appraisal, then in $5,000 increments up to a capped amount, subject
to the Board’s approval.
The Town Board indicated its approval of the proposed acquisition offers.
Action: The Board approved a motion to
reenter Open Session, and the meeting was adjourned.
Motion By: Schifano
Second By: Atwell
Vote: Unanimous